UNIVER5ITY OF PITTSBURGH
iSSk
Uarlington iVxemorial Ijibrary
Digitize.d|by, the Internet Archiv
in 2009 with funding from
VfH'sitv nf Pittcihurnh I ihr;^rv 5^
http://www.archive.org/details/publ.icactsofgene12nor
THE
PUBLIC ACTS "^
OF THE
GENERAL ASSEMBLY
O F
NORTH-CAROLINA.
VOLUME h
CONTAINING the ACTS froi* 1715 to 179 Oj
REVISED AND PUBLISHED,
UNDER THE AUTHORITY of the LEGISLATURE,
By the Honorable JAMES IREDELL, Esq.uire,
AfTSRlVJSDS ONE OF THE ASSOCIATE JUSTICES OF THE SUPREME COURT OF THE UNITED STATES.
AND NOW REVISED
Br FRANCOIS ^ XAVIER MARTIN.
N E W B E R N ,
MARTIN l2f OGDEN.
18 0 4.
r
5^J^(? J%^^^^^^^ ^^^^ ^^ ^/ ^^^^ ^'^ «f^^ "60171111^^071 ofiA& Vb^
ium& 0/ d&lr kUcU rv-filcfi J fiaUl/A&d lafi Jan&y to adu&H to fucA
cf ekofc In Jad^o J'^edeU'd Mcv-lfl, ri^AlcA Aav-e leen affecUd /^
falf^umt oned. %€.7ic& J w-a<^ n&ce£arll^ /cd to le<itom mucA
S^im& and "^orJld&^atlon on t/mt fTo^k,
SS^ a/ifieaT^ed to me, tAatfo con^cd&rMe a Portion of it had Ueen
rtefiealed, and tie KAU&ratlond tv-Lc/v tA& Meft Aad undergone, mere
fo numeroad and Imfiortant, t/vat. In conftJtin^ it, ev-id&nt t^i/i Id run
of lemO' ^d into Gttot^ and^Jli/tale, unlef ^reat ££ainAe tak&n i7h
comharina, it TV^itA tA& ^Actd fici£^d finco it4 £Sallication, ^&'
l:ded w^AicAy tA&^ctd from Ijgotoijgd^w-AiicA Aiat^e, leen added,,
form, TuitA it, a larae, Aeav^ and unAand^ Volume ; me ad^
dition of tAo/e of tAe fiv-e falf^aent y'effiond, w^ould fw-eU tAe Col-
lectlo7i to an 6nor7)ioad ijcxc^
S Aai/e imaained tAat a rewed Sdition of tAe ^ud^e*d
Wori woald, TvitA mw ioitt £BicAlicatio7i, comfiri'ze into a wr^
^Tuaii "toom/Mdd tAe n^AoU ^odu of tAe ^Actii cf t/ie :£e^iJataTe ;
iriud rcduclno' out Cyod& io one t^alr of lid 'c/jaln, a7id ^rlce'i and ex^
nl6-ci a irae (yie')v- of om fTTiU'en ^aiv-, Jo far ad Tcaardd ihe>
K/icid of oar ^^en&ral K^^dd&ni'ului as t6 ^ta7idd a6 inld ^au.
%J dat dow^n to ine Sfadk, and th& JVorA' id now- offt&d Tv^iin^
a Confidence d&tiv^ed froTn trie c/tef lection ^ tfiaC itd CyCtiiitu redid l/^a^
in a fliant i!l)earee on the ax)cutat& C^ercide of onu /-adameni.
Sf'or tfieKJiida&d f^^ev-ifal id, in aeneral, litetallu rehicMidried : nis
%JVoied and t^eTnarfid are firedcrv^ed. frnen anu ££art of it nad ah- ')
fieared imhrofier to i-e retained, the u^roundd of mu Ohinlon arc
noted J in tJtalicdy in the K.yii'a/iain, ruith the add thai infiue^iced it,
Sfhe tS/lcader mill Jadae, ufne ihlnAd U hav-e erred, the ^art
omitted id dtill ecetaiit , dom&n^here. IVhene^er *J haiz-e dce^i fi6^
to add an^tJVojte or t^eTnarh, U ha'Ue done fo, in Kytalicd, in the
Ky4tatain, ^he J-adaed ')uill he eadilu didtinaaldfied : then are i?^
^ba^oman i£etterd.
&rancoid-^SGav-ier ^vartin.
^JsUwherri, %J\ci^emhcr 1, 1^04-.
/a/ r^< THE
SECOND CHARTER,
GRANTED BY
KING CHARLES 11.
TO THE
PROPRIETORS OF CAROLINA.
CflARLEiS the Second, by the grace of God, of Great-Britain, France and Ireland, King, Defen-
der of the Faith, Sec. WHEREAS, by our Letters Patents, bearing date the twenty-fourth day
p{ March in the fifteenth year of our reign, We were gracioufly pleafed to grint unto our right trufty and
right well-beloved Coufin and Counfellor Edward Earl of Clarendon, our Hi.^h Chancellor of England ;
our right trufty and entirely beloved Coufin and Counfellor George Duke of Albermarle, Mafter of our
Horfe ; our right trufty and well beloved William now Earl of Craven ; our right trufty and well beloved
Counfellor Jx)hn Lord Berkeley ; our right trufty and well beloved Counfellor Anthony Lord Aftiley, Chan-
cellor of our Exchequer •, our right trufty and well beloved Counfellor Sir George Carteret, Knight and
Baronet, Vice-Chancellor of our Houftiold ; our right trufty and well beloved Sir John Colleton, Knight
and Baronet, and Sir William Berkeley, Knight ; all that Province, Territory orTra£t of Ground, called
CAROLiNA,'fituate, lying and being within our Dominions of America ; extending from the North End
of the Iflaad called Luke Ifiand, which lieth in the Southern Virginia Seas, and within Thirty Six De,r?;rees
of North Latitude ; and to the Weft, as far as the South-Seas ; and fo refpeftively as far as the River
of Matthias, which bordereth upon the Coaft of Florida, and within Thirty One Degrees of Northerrr La-
titude ; and fo Weft, in a,direft Line, as far as the South-Seas aforefaid. Now,
KNOW YE, That we, at the humble requeft of the faid grantees, in the aforefaid letters patents named,
and as a further mark of our efpecial favour to them, we are gracioufly pleafed to enlarge our faid grant
unto them, according to the bounds and limits hereafter fpecified, and in favour to the pious and noble
purpofe of the faid Edward Earl of Clarendon, George Duke of Albermarle, William Earl of Craven,
John Lord Berkeley, Anthony Lord A fliley, Sir George Carteret, Sir John Colleton, and Sir William Berke-
ley, their heirs and aflignsj all that province, territory or tra£l of land, fituate, lying and being within our
dominions of America aforefaid extending North and eaftward as far as the North End of Currituck river
*<!r inlet, upon a ftraight Wefterly line to Wyonoak creek, which lies within or about the degrees of thirty-
fix and thirty minutes. Northern latitude ,• and fo Weft, in a direfl: line, as far as the South-Seas ; and
South and Weft ward, as far as the degrees of twenty-nine, incliifive, of Northern latitude ; and fo Weft,
in a dire£l: line, as far as the South-Seas ; together with all and fingular the ports, harbours, bays, rivers
and inlets, belonging unto the province and territory aforefaid : And alfo, all the foils, lands, fields, woods
mountains, ferms, lakes, rivers, bays and iflets, fituate or being within the bounds or limits iaft before
mentioned ; with the fifliings of all forts of fifh, whales, fturgeons, and all other royal fifl-;, in the fea,
bays, iflets and ri\'ers, within the premifes, and the fifti therein taken, together with the royalty of the fea,
upon the coaft, within the limits aforefaid; and moreover all veins, mines and quarries, as well difcovercd
as not difcovered, of gold, filver, gems and precious ftones, metal or any other thing, found, or to be found
within the province, territory, iflets and limits aforefaid : And further more, the patronage and advowfons
Vol. I. B
of all the churches and chapels, which, as Chrlftian religion (hall increase in thfe province, territory, ifletjr.
and limits aforefaiJ, (hall happen hereafter to be erefled ; together with licence, and power to build and
found churches, chapels and oratories, in convenient and fit places, within the faid bounds and limits ; and
to caufe them to be dedicated and coniecrated, according to the ecclefiaftical laws of our kingdom of En-
gland -, together with all and fingular the like and as ample rights, jurifdidions, privileges, prerogatives,
royalties, liberties, immunities and franchifes, of what kind foever, within the territory, ifles, iflets and li-
mits aforefaid : To have, hold, ufe, exercife and enjoy the fame, as amply, fully and in as ample manner,
as any bjihop of Durham, in our kingdom of England, ever heretofore had, held, ufed or enjoyed, or of
right ought or could have, ufe or enjoy : And them the faid Edward Earl of Clarendon, George Duke of
AlbermarJe, William Earl of Craven, John Lord Berkeley, Anthony Lord Afhley, Sir George Carteret,
Sir John Colleton, and Sir William Berkeley, their heirs and aflighs, we do, by thefe prefents, for us, our
heirs and fuccelTors, make, create and conftitute, the true and abfolute lords and proprietors of the faid
province or territory, and of all other the premifes ; faving always the faith, allegiance and fovereign do-
minion, due to us, our heirs and fucceflbrs, for the fame : To hold, ^polTefs and enjoy the faid provincej'
territory, iflets and all and fingular other the premifes, to them the faid Edward Earl of Clarendon, George
Duke of Albermarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Afhley, Sir George
Carteret, Sir John Colleton, and Sir William Berkeley, their heirs and aflfigns for ever ; to be holden of us,
our heirs and fucceflbrs, as of our manor of Eaft-Greenwich, in Kent, in free and common foccage, and
not in capite, or by knight's fervice .- Yielding and paying, yearly, to us, our heirs and fucceflRjrs, for the
fame, the fourth part of all gold and filver ore, which, within the limits hereby granted, (hall, from time
to time, happen to be found, over and befides the yearly rent of twenty marks, and the fourth part of the
gold and filver ore, in and by the faid written letters patent referved and payable.
And that the province or territory hereby granted and defcribed, may be digjiified with as lafge tythe*
and privileges, as any other parts of our dominions and territories in that region ,• Know ye. That we,
of our further grace, certain knowledge, and mere motion, have thought fit to annex the fame tra£l of
ground or territory unto the fame province of Carolina ; and out of the fullnefs of our royal power and
prerogative, we do, for us, our heirs and fuccefTors, annex and unite the fame to the (aid province of
Carolina.
And forasmuch as we have made and ordained the aforefaid Edward Earl of Clarendon, George Duke
of Albermarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Afhley, Sir George Car-
teret, Sir John Colleton, and Sir William Berkeley, their heirs and affigns, the true Lords and Proprie-
tors of all the province or territory aforefaid ; Know ye therefore moreover. That we, repofing efpecial
truft and confidence in their fidelity, wifdom, juftice, and provident circumfpe£l:ion, for us, our heirs
and fuccefTors, do grant full and abfolute power, by virtue of thefe prefents, to them the faid Edward
Earl of Clarendon, George Duke of Albermarle, William Earl of Craven, John Lord Berkeley, Antho-
ny Lord Afhley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs and af-
figns, for the good and happy government of the faid whole province or territory, full power and autho-
rity, to eredt, conftitute, and make feveral counties, baronies, and colonies, of and within the faid
provinces, territories, lands, and hereditaments, in and by the faid Letters Patents, granted, or men-
tioned to be grSnted, as aforefaid, with feveral and difltinCt jurifdi£lions, powers, liberties, and pri-
vileges : And alfo, to ordain, make, and ena£t, and under their feals, to publifh any laws and conftitu-
tions whatfoever, either appertaining to the public ftate of the whole province or territory, or of any dif-
tinft or particular county, baronyj or colony, or of or within the fame, or to the private utility of par-
ticular perfons, according to their beft dire£lions, by and with the advice, afTent and approbation, of
the freemen of the faid province or territory, or of the freemen of the county, barony, or colony, for
which fuch law or conftitution (hall be made, or the greater part of them, or of their delegates or depu-
ties, whom, for enacting of the faid laws, when, and as often as need (hall require. We will, that the
faid Edward Earl of Clarendon, George Duke of Albermarle, William Earl of Craven, John Lord Berk-
ley, Anthony I^ord Alliley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, and
their heirs or afligns, fhall, from time to time, afl"emble in fuch manner and form as to them fliall feem
beft ; and the fame laws duly to execute, upon all people within the faid province or territory, county,
barony, or Colony, or the limits thereof, for the time being, which fhall be conftituted, undet the pow-
er, and government of them or any of them, either failing towards the faid province^ or territory of Ca-
rolina, or returning from thence towards England, or any other of our, or foreign dominions, by impofi.
•ftiHiof peaalties,>imprifoMment, or any other pumfliment ; yea, if Uftiall be needful, and the quality of
the ofFence require it, by taking away member and life, either by them the faid Edward Earl of Claren-
tidn, Geidtge Duke of Albermarle, William Earl of Craven, John Lord Berkeley, Anthony X<ord Afhley,
bir George Carteret, Sir John Colleton, and Sir William Berkeley, and their heirs, or by them, or
their Deputies, Lieutenants, Judges, Juftices, Magiftrates or officers, whatfoever, as well within the
faid province, as at fea, in fuch manner and' form as unto the faid Edward Earl of Clarendon, George
Duke of Albermarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Aftiley, Sir George
Carteret, Sir John Colleton, and Sir William Berkeley, and their heirs, ihallfeem moft convenient ?
And alfo, to remit, releafe, pardon, and aboliih, whether before judgment or after, all crimes and of-
fences whatfoever againft the faid laws ; and to do all and every thing and things, which, unto the com-
^leat eftabliflimentof juftice, unto courts, feffions, and forms of judicature, and manners of proceeding
therein, do belong, althoiigh in thefe prefents exprefs mention is not made thereof ; and by Judges to
him or them delegated, to award procefs, hold pleas, and determine, in all the faid courts and places of
judicature, all adions, fuits, and caufes whatfoever, as well criminal as civil, real, mixt, perfonal, or
of any other kind or nature whatfoever .• Which laws fd as aforefaid to be publiflied, our pleafure is, and
we d^ enjoin, require, and command, Ihall be abfolutely firm and available in law ; and that all the
}iege people of us, our heirs and fucceflbrs, within the faid province or territory, do obferve and keep
the fame inviolably in thofe parts, fo far as they concern them, under the pains and penalties therein ex-
prefled, or to be expreffed : Provided nevertheless ^ That the faid laws be confonant to reafon, and as near
as may be conveniently, agreeable to the laws and cuftoms of this our realm of England.
And bec:vufe fugh Aflemblies of freeholders cannot be fo fuddenly called as there may be occafion to
require the fame, we do therefore, by thefe prefents, give and grant unto the faid Edward Earl of Cla-
rendon, George Duke of Albermarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Afli-
ley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs and afligns, by them-
felves, or their magiftrates, in that behalf lawfully authorifed, full power and authority, from time to
time, to make and ordain fit and wholefome orders and ordinances within the province or territory ^ore-
faid, or any county, barony, or province, within the fame, to be kept and obferved, as well for the
keeping of the peace, as for the better government of the people there abiding, and to publilh the fame
to all to whom it may concern ; Which ordinances we do, by thefe prefents, ftraitiy charge and com-
mand to be inviolably obferved within the fame province, counties, territories, baronies and provinces,
under the penalties therein expreffed ; fo as fuch ordinances be reafonable, and not repugnant or contra-
ry, but as near as may be, agreeable to the laws and ftatutes of this our kingdom of England ; and fo as
the fame, ordinances do not extend to the binding, charging, or taking away the right or intereft of any
perfon or perfons> in their freehold, goods, or chattels, whatfoever.
And to the end the faid province or territory m^y be the more happily increafedy by the mnltitude of
people reforting thither, and may likewife be the more ftrongly defended from the incurfions of favages,
and other enemies, pirates and robbers : therefore, we, for us, our heirs and fucceffors, do give and
grant, by thefe prefents, full power, licence and liberty, unto all the liege people of us, our heirs and
fucceffors, in our kingdom of England, and elfewhere, within any other our dominions, iflands, colo-
nies, or plantations, (excepting thofe who fhall be efpecially forbidden) to tranfport themfelves and fa-
milies into the faid province or territory, with convenient (hipping and fitting provifion ; and there to
fettle themfelves, dwell, and inhabit •• Any law, a£t, ftatute, ordinance, or other thing, to the contra-
ry, notwithftanding.
And we will alfo, and of our efpecial grace, for us, our heirs and fucceffors, do ftraitiy enjoin, or-
dain, conftitute, and command, that the faid province and territory (hall be of our allegiance i and that
all and Angular the fubjefts and liege people of us, our heirs and fucceffors, tranfported, or to be tranf-
ported into the faid province, and the children of them, and fuch as (hall defcend from them there born,
or hereafter to be born, be, and Ihall be denizens and liegea of us, our heirs and fucceffors, of this our
kingdom of England, and be in all things, held, treated, and reputed, as the liege faithful people of us,
our heirs and fuccefforsr born Within this our faid kingdom, or any other of our dominions ; and may
inherit or otherwife purchafe and receive, take, hold, buy and poffefs, any lands, tenements, or heredi-
taments, within the faid places, and them may occupy and enjoy, •fell, alien, and bequeath : as likewife,
all liberties, franchifes, and privileges, of this our kingdom, and of other our dominions aforefaid, may
freely and quietly have, poffefs,. and enjoy, as our liege people, born within the fame, without the mo-
legation, vexation, trouble, or grievance, of us, our heirs and fucceflbrs; Anj* a£\:, ftatute, ordinance,
or provifion, to the contrary, notwithftanding.
And furthermore, that our fubj efts of this our faid kingdom of England, and other our dominions,
may be the rather encouraged to undertake this expedition, with ready and chearful means : Know ye,
That we, of our efpecial grace , certain knowledge, and mere motion, do give and grant, by virtue of
thefe prefents, as well to the faid Edward Earl of Clarendon, George Duke of Albermarle, William
Earl of Craven, John Lord Berkeley, Anthony Lord Afhley, Sir George Carteret, tSir John Colleton,
and Sir William Berkeley, and their heirs, as unto all others as fliall, from time to time, repair unto
the faid province or territory, with a purpofe to inhabit there, or to trade with the natives thereof; full
liberty and licence, to lade and freight, in every port whatfoever, of us, our heirs and fucceflbrs and into
the faid province of Carolina, by them, their fervants and affigns, to tranfport all and fingular their goods,
wares and merchandifes ; as likewjfo all forts of grain whatfoever, and any other thing whatfoever, ne-
ceflary for their food and cloathing, not prohibited by the laws and ftatutes of our kingdom and domini-
ons, to be carried out of the fame, M'ithout any let or moleftation of us, our heirs and fucceflbrs, or of
any other our officers or miniftiers whatfoever ; faving alfo unto us, pur heirs and fucceflbrs, the cuftoms,
and other duties and payments, due for the faid wares and merQhandifes, according to the feveral rates of
the places from whence the fame fliall be tranfported. « -. ... ■
WE will alfo, and by thefe prefents, for us, our heirs and fucceflbrs, do give and grant licence, by this
cur charter, unto the faid Edward Earl of Clarendon, George Duke of Albermarle, William Earl of Cra-
ven, John Lord Berkeley, Anthony Lord Afliley, Sir George Carteret, Sir John Colleton, and Sir William
iRerkeley, and their heirs and sflTigns, and to all the inhabitants and dwellers in the province or territory a-
forefaid, both prefent and to come, ful! power and ^bfolute authority, to import or unlade, by themfelves
or their fervants, faftors or afligns, all merchandizes and goods whatfoever that (hall arife of the fruits
and commodities of the faid province or territory, either by land or fea, into any the ports of us, our
heirs and fucceflbrs, in our kingdom of England, Scotland, c. Ireland, or otherwife to difpofe of the faid
goods in the faid ports; and if need be,'within one year next after the unlading, to lade the faid merchandize
and goods again, into the fame or other fliips, and to export the fame into »ny other countries, either of
our dominions or foreign, being in a;nity with us, our heirs and fucceflbrs, fo ns they pay fuch cufloms,
fubfidies and other duties, for the fame, to us. our heirs and fucceflbrs, as the reft, of our fubje£ls of this,
our kingdom, for the time being, {hall be bound to pay ; beyond v/hich, we will not, that the inhabitants
of the faid province or territory, fhall be any ways charged .- Provided neverthelefs, and our will and plea-
fure is, and we have further, for the confiderations aforefaid, of pur efpecial grace, certain knowledge and
mere motion, given and granted, and by thpfe prefents, for us, our heirs and fucceflbrs, do give and grant
unto the faid EJwai,-d Earl of CUrcndon, Georgp Duke of Albermarle, William Earl of Graven, John
Lord Berkeley^ A nt'ionv Lord Afl)ley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley,
their heirs and afligns, full and free licence, power and authority, at any time or times, from and after the
feafl: of St. Michael the archangel, which fliall be in the year of our Lord Chrift one thoufand fix hundred
and fixty-feven, Vis well to import and bring into ary of oyr dominions, from the faid province of caroi.i-
KA, or any part thereof, the fevcril o:QGrls lierein after mentioned ; that is to f\iy, filks, wines, raifins, capers,
wax, alm.onds, oil and olives, without paying or anfwering to us, our heirs vmd fucceflbrs, any cufl:om, im-
pofl. or other duty, for or in refpeft thereof, for and during the term and fpace of fcven years, to commence
and be accounted from and after the importation of four tons of any of the faid goof's, in any one bottom,
fliip or veflbl, from the faid province or territory, into any of our dominions ; as alfo, to export and carry
out of any of our dominions, into the faid province or territory, cuftom-free, all forts of tools, which (hall
be ufeful or neceflary for the planters tliere, in the accommodation and improvement of the premifes : A-
ny thing before in thefe prefents contained, or any law, aft, fl;atute, prohibition or other matter or
thing, heretofore had, made, enafted or provided, in any wife, notwithftanding.
AND further more, of our more ample and efpecial grace, certain knowledge and mere motion, we do,
for us, our heirs and fucceflbrs, grant unto the faid Edward Earl of Clarendon, George Duke of Albermarle,
Waliam Earl of Craven, John Lord Berkeley, Anthony Lord Afliley, Sir George Carteret, Sir John Col-
leton, and Sir William Berkeley, their heirs and afligns, full and abfolute power and authority, to make, e-
reft and conftitute, within the faid province or territory, and the ifle? and iflets aforefaid, fuch and fo
many fea-ports, harbours, creeks and other places, for difcharge and unlading of goods and merchandizes,
out of fliips, boats and other veflTels, and for lading of them, in fuch and fo many places, with fuch jurit
<!iftions, privileges and franchifes unto the faid ports belonging, as to them fhall feem moft expedient -,
and that all and fingular the fhips, boats and other veflels, which fhall come for merchandizes and trade
into the faid province or territory, or (hall depart out of the fame, ihall be laden and unladen at fuch ports
only as fhall be eredled and conftituted by the faid Edward Earl of Clarendon, George Duke of Albermarle,
William Earl of Craven, John Lord Berkeley, Anthony Lord Afhley, Sir George Carteret, Sir John Col-
leton, and Sir William Berkeley, their heirs and afTigns, and not elfewhere: Any ufe, cullom or thing to
the contrary, notwithftanding.
And we do further will, appoint and ordain, andby thefe prefents, for us, our heirs and fuccefTors, do
grant unto the faid Edward earl of Clarendon, George Duke of Albermarle, William Earl of Craven, John
Lord Berkeley, Anthony Lord Afhley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley,
and their heirs and afSgns, that they the faid Edward Earl of Clarendon, George Duke of Albermarle,
William Earl of Craven, John Lord Berkeley, Anthony Lord Afhley, Sir George Carteret, Sir John Col-
leton, and Sir William Berkeley, their heirs and afligns, may, from time to time, for ever, have and enjoy
the cuftoms and fubfidies, in the ports, harbours, creeks and other places within the province aforefaid^
payable for the goods, wares and merchandizes there laded, or to be laded or unladed ; the faid cuftoms
to be reafonably afTefTed, upon any occafion, by themfelves, and by and with the confent of the free peo-
ple, or the greater part of them, as aforefaid ; to whom we give power, by thefe prefents, for us, our heirs
and fuccefTors, upon jufl caufe, and in due proportion to aiTefs and impol'e the fame.
And further, of out efpecial grace, certain knowledge and mere motion, we have given, granted and
.confirmed, and by thefe prefents, for us, our heirs and fucceflbrs, do give, grant and confirm, unto the faid
Edward Earl of Clarendon, George Duke of Albermarle, William Earl of Craven, John Lord Berkeley,
Anthony Lord Afhley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs and
^fSgns, full and alifolute power, licence and authority, that they the faid Edward Earl of Clarendon,
George Duke of Albermarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Afhley, Sir
George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs and alTigns, from time to time
Jiereafter, for ever, at his and their will and pleafure, may alTign, alien, grant, demife or enfeoff, the pre-
mifes, or any part or parcel thereof, to him or them that fhall be willing to purchafe the fame, and to
fuch perfon and perfons as they fhall think fit ; to have and to hold to them, the faid perfon or perfous,
their heirs and afligns, in fee fimplcj or in fee tail, or for term of life or lives, or years; to be held of them
the faid Edward Earl of Clarendon, George Duke of Albermarle, William Earl of Craven, John Lord
Berkeley, Anthony Lord Afliley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their
heirs and affigns, by fuch rents, fervices and cuftoms, as fhall feem fit to them the faid Edward Earl of
Clarendon,- George Duke of Albermarle, William Earl of Craven, John Lord Berkeley, Anthony Lord
Afhley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs and afTigns, and
not of us, our heirs and fuccefTors : And to the fame perfon and perfons, and to all and every of them>
we do give and grant, by thefe prefents, for us, our heirs and fuccefTors, licence, authority and power,
that fuch perfon or perfons may have and take the premifes, or any part thereof, of the faid Edward Earl
of Clarendon, George Duke of Albermarle, William Earl of Craven, John Lord Berkeley, Anthony Lord
Afhley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs and afTigns ; and
the fame to hold to thanfelves, their heirs and afTigns, in what eftate of inheritance foever, in fee fimple,
or fee tail, or otherwife, as to them the faid Edward Earl of Clarendon, George Duke of Albermarle,
William Earl of Craven, John Lord Berkeley, Anthony Lord Afhley, Sir George Carteret, Sir John Colle-
ton, and Sir William Berkeley, their heirs or afligns. fhall feem "xped-'^nt; the ftatute in the parliament of
Edward, fon of king Henry, heretofore king of England, our predecefTor, commonly called the ftatute of
^la eivptores Terrarum or any other ftatute.- aft, ordinance, ufe, law, cuftom or any other matter, caufe or
thing, heretofore publifhed or provided to the contrary, in any wife, notwithftanding.
And becaufe many perfons, born and inhabiting in the faid province, for their deferts and fervices,
may expe£t and be capable of marks of honour and favour, which, in refpeft of the great diftance, can-
not be conveniently conferred by us ; our will and pleafure therefore is, and we do by thefe prefei^ts,
give and grant unto the faid Edward Earl of Clarendon, George Duke of Albermarle, William Earl of '
Craven, John Lord Berkeley, Anthony Lord Afhley, Sir George Carteret, Sir John Colleton, and Sir
William Berkeley, and their heirs and afligns, full power and authority, to give and confer unto and up-
on fuch of the inhabitants of the faid province or territory, as they (hall think do or fhall merit the fame.
Vol. L C
fu^h marks of favour and titles of honour, as they (hall think fit ; fo as their titles or honours be not the
fame as are enjoyed by or conferred upon any of the fubjedls of this our kingdom of England.
And further alfo, we do, by thefe prefents, for us, our heirs and fuccelFors, give and grant licence to
the faid Edward Earl of Clarendon, George Duke of Alhermarle, William Earl of Craven, John Lord
Berkeley, Anthony Lord Afliley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley,
and their heirs and affigns, full power, liberty and licence, to ereft, raiie and build, within the faid pro-
vince and places aforefaid or any part or parts thereof, fuch and fo many forts, fortrefles, caftles, cities,
boroughs, towns, villages, and other fortifications whatfoever ; and the fame, or any ©f them, to for-
tify and furnifh with ordnance, powder, fhot, armour, and all other weapons, ammunition, and habili-
ments of war, both defenfive and ofFenfive, as fliall be thought fit and convenient, for the fafety and wel-
fare of the faid province and places, or any other part thereof ; and the fame, or any of them, from time
to time, as occafion (hall require, to difmantle, disfarnifh, demolifli and pull down ; And alfo to place,
conftitute and appoint, in or over all or any of the faid caftles, forts, fortifications, cities, towns, and
places aforefaid. Governors, Deputy-Governors, Magiftrates, Sheriffs, and other officers, civi' and mi-
litary, as to them Ihall feem meet : And to the faid cities, boroughs, towns, villages, or any other place
or places, within the faid province or territory, to grant letters or charteis of incorporation, with all li-
berties, franchifes, and privileges, requifite or ul'ual, or to or within this our kingdom of England
granted or belonging ; and in the fame cities, boroughs, towns, and other places, to conftitute, ere£t
and appoint fuch and fo many markets, marts, and fairs, as fhall, in that behalf, be thought fit and necef-
fary : And further alfo, to ere£l and make in the province or territory aforefaid, or any part thereof, fo
many manors, with fuch fignories as to them (hall feem meet and convenient ; and in every of the fame
manors, to have and to hold a Court-Baron, with all things whatfoever which to a Court-Baron do be-
long ; and to have and to hold views of Frank-Pledge and Court-Leets, for the confervation of the peace
and better government of thole parts, with fuch limits, jurifdiclions and precincts, as by the faid Edward
Earl of Clarendon, George Duke of Albermarle, William Earl of Craven, John Lord Berkeley, Antho-
ny Lord Alhley, .Sir George Carteret, Sir John Colleton, and Sir William Berkeley, or their heirs, fhall
be appointed for that purpofe, with all tilings whatfoever which to a Court-Leet, or view of Frank-
Pledge, do belong j the fame courts to be holden by ftewards, to be deputed and authorifed by the faid
Edward Earl of Clarendon, George Duke of Albermarle, William Earl of Craven, John Lord Berkeley,
Anthony Lord Afliley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, or their heirSy
by the Lords of the manors and leets, for the time being, when the fame (hall be ere£led.
And becaufe that in fo remote a country, and fituate among fo many barbarous nations, the invafioris of
favages and other enemies, pirates, and robbers, may probably be feared ; therefore, we have given, and
for us, our heirs and fucceflors, do give power by thefe prefents, unto the faid li,dward Earl of Clarendon,
George Duke of Albermarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Afhley, Sir
George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs or affigns, by ihemfelves, or their
Captains, or other officers, to levy, mufter, and train up all forts of men, of what condition foever, or where-
foever born, whether in th2 faid province, or elfe where, for the time being j and to make war, and pur-
fue the enemies aforefaid, as well by fea, as by land ; yea, even without the limits of the faid province,
and, by God's affiftance, to vanquilh, and take them j and being taken, to put them to death, by the
law of war, and to fave them at their pleafure, and to do all and every other thing, which to the charge
and office of a Captain-General of an army, hath had the fame.
Alfo, our will and pleafure is, and by this our charter, we do give and grant unto the faid Edward
Earl of Clarendon, Gaorge Duke of Albermarle, William Earl of Craven, J ohn Lord Berkeley, Antho-
ny Lord Alhley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs and af-
figns, full power, liberty, and authority, in cafe of rebellion, tumult, or fedition, (if any ihould happen,
which God forbid) either upon the land within the province aforefaid, or upon the nfiain fea, in making
a voyage thither, or returning from thence, by him and themfelves, their Captains, Deputies ,or officers,
to be luthorifed under his or their feals, for that purpofe ; to whom alfo, for us, our heirs and fuccelTors,
we do give and grant, by thefe prefents full power and authority, to exercife martial law againft any
mutinous and feditious perfonsof thefe parts ; fuch as (hall refufe to fubmit themfelves to their govern-
ment, or (hall refufe to ferve in the war, or (liall fly to the enemy, or forfake their colours or enfigns, or
be loiterers, or ftragglers, or otherwife offending againft law, guftom, or military difcipline -, as freely
and in as ample manner and form, as ai:'/ Captain-General of an array, by virtue ot his office, might or
hath accuftomed to ufe the fame.
And our further pleafure is, and by thefe prefents, for us, our heirs and fucceflbrs, we do grant unto
the faid Edward Earl of Clarendon, George Duke of Albermarle, William Earl of Craven, John Lord
Berkeley, Anthony Lord Alhley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley,
their heirs and affigns, and to the tenants and inhabitants of the faid province or territory, both prefent
and to come, and to every of them, that the faid province or territory, and the tenants and inhabitants
thereof, fhall not, from henceforth, be held or reputed any member or part of any colony whatfoever in
America, or elfewhere, now tranfported or made, or hereafter to be tranfported or made ; nor (hall be
depending on, or fubje£l to their government in anything, but be abfolutely feparated and divided from
the fame .- and our pleafure is, by thefe prefents, that they be feparated, and that they be fubjeft imme-
diately to our Crown of England, as depending thereof, forever ; And that the inhabitants of the faid
province or territory, nor any of them, fhall, at any time hereafter, be compelled or compellable, or be
any ways fubjeifl or liable to appear or, anfwer to any matter, fuit, cawfe or plaint whatfoever, out of the
province or territory aforefaid, in any other of our iflands, colonies, or dominions in America, or elfe-
where, other than in our realm of England, and dominion of Wales.
And becaufe it may happen that fome of the people and inhabitants of the faid province cannot, in
their private opinions, conform to the public exercife of religion, according to the liturgy, forms, and
ceremonies of the Church of England, or take and fubfcribe the oaths and articles made and eftablifhed
in that behalf; and for that the fame, by reafon of the remote diftances of thofe places, will, as we hope,
be no breach of the unity and conformity eftablifhed in this nation ,• our will and pleafure therefore is,
and we do, by thefe prefents, for us, our heirs and fucceflbrs, give and grant unto the faid Edward
Earl of Clarendon, George Duke of Albermarle, William Earl of Craven, John Lord Berkeley, An-
thony Lord Afhley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs and
afTigns, full and free licence, liberty, and authority, by fuch ways and means as they fhall think fit, to give
and grant unto fuch perfon or perfons, inhabiting and being within the faid province or territory, hereby,
or by the faid recited Letters Patents mentioned to be granted as -aforefaid, or any part thereof, fuch in-
dulgences and difpenfations, in that behalf, for and during fuch time and times, and with fuch limita-
tions and reftridions, as they the faid Edward Earl of Clarendon, George Duke of Albermarle, William
Earl of Craven, John Lord Berkeley, Anthony Lord Afhley, Sir George Carteret, Sir John Colleton,
and Sir William Berkeley, their heirs or afligns, fhall in their difcretion, think fit and reafonable : And
that no perfon or perfons unto whom fuch liberty fhall be given, fhall be any way molefled, punifhed,
difquieted, or called in queftion, for any differences in opinion, or pra£tice in matters of religious con-
cernments, who do not adlually difturb the civil peace of the province, county or colony, that they fhall
make their abode in .• But all and every fuch perfon and perfons may, from time to time, and at all times
freely and quietly have and enjoy his and their judgments and confciences, in matters of religion, through-
out all the faid province or colony, they behaving thcmfelves peaceably, and not ufing this liberty to licen-
tioufnefs, nor to the civil injury, or outward dillurbance of others : Any law, ftatute, or claufe, contain-
ed or to be contained, ufage or cuftom of our realm of England, to (he contrary hereof, in any-wife, not-
withftanding.
And in cafe it fhall happen, that any doubts or queftions fhall arife, concerning the true fenfe and
underftanding of any word, claufe, or fentence contained in this our prefent charter ; we will, ordain,
^nd command, that in all times, and in all things, fuch interpretations be made thereof, and allowed in
all and every of our courts whatfoever, as lawfully may be adjudged moft advantageous and favourable to
the faid Edward Earl of Clarendon, George Duke of Albermarle, William Earl of Craven, John Lord
Berkeley, Anthony Lord Afhley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley,
their heirs and afligns, although exprefs mention, &c.
Witnefs ourfelf, at Weftminfter, the thirtieth day of June, in the feventeenth year of our reign.
Per ipsum Regem.
GREAT DEED OF GRANT,
GEORGE Duke of Albermarle, Mafter of his Majefty's Horfe ; Edward Earl of Clarendon ; Willi-
am Earl of Craven ; John Lord Berkeley ; Anthony Lord Aftiley, Chancellor of the Exchequer ;
Sir George Carteret, Vice-Chamberlain of his Majefty's Houfehold; Sir William Berkeley, Knight; and
Sir John Colleton, Baronet ; the true and abfolute Lords Proprietors of all the Province of Carolina.
To our trujiy and well beloved SAMUEL STEPHENS, E/q ; Governor of our County of Albermarle , and
the Ifles and IJlets within Ten Leagues thereof j and to our trufly end well beloved Couna'tllors and Ajftjlants
to our f aid Governor. Greeting.
WHEREAS we have received a Petition from the Grand Affembly of our County of Albermarle,
praying. That the Inhabitants of the faid County may hold their Lands upon the fame Terms
and Conditions that the Inhabitants of Virginia hold theirs \ and forafmuch as the faid County doth bor-
der upon Virginia, and is much of the fame Nature, We are content and do grant, that the Inhabitants
of the faid County do hold their Lands of us, the Lords Proprietors, upon the fame Terms and Conditions
that the Inhabitants of Virginia hold theirs : WHEREFORE, be it known unto all Men, by thefe Pre-
fents, That we, the faid Lords and abfolute Proprietors of the County within the Province aforefaid, have
given, granted, and, by thefe Prefents, do give arid grant, full Power and Authority untp you, the faid
Governor, by and with the Confent of our Council, or the major Part thereof, or to any Governor for
the Time being, or that fhaU hereafter be by us appointed, full Power and Authority, by and with the
Confent of our Council then being, or the major Part thereof, to convey and grant fuch Proportions of
Land, as, by our Inftrud ions and Conceflions annexed to our Commiflion, bearing Dute inOttober, An^
no Dom. 1667, we have appointed, to fuch Perfons as fliall come into our faidCounty to plant or inhabit ;
to be held of us, our Heirs and Affigns, upon the fame Terms and Conditions, that Land is at prefent ufu-
ally granted in Virginia; any thing in our Inftrudions and Conceflions aforefaid to the contrary, not-
withftanding : And we do hereby Declare and Confent, that the Warrant to the Surveyor for the lapng
out of faid Land, and the Return thereon being regiftered, and alfo the Grant of you our faid Qovernor
and Council, that ihall be where fuch Land is <lue having the Seal of the Country aifixed to it, and figned
by yourfelf, and major Part of our Council, for the Time being, being regiftered, fhall be good and efFecr
tual in Law, for the Enioyment of the faid I^and or Plantation, and all the Benefits and Profits of and in
the fame, (except one Half of all Gold and Silver MinesJ to the Party to whom it is granted, his Heirs
and Afligns for ever, he or they performing the Conditions aforefaid.
GIVEN under our Hands, and Great Sedof$urProvm~eithefirJlofMay,is.mo Domini One Thoufand
Six Hundred and Si^ty-Eight.
Albermarle, Craven,
Berkeley, Ashley,
^Carteret, Colleton.
THE
PUBLIC ACTS
O F THE
GENERAL ASSEMBLY,
At a General Biennial ASSEMBLY, held at the house of Capt. Richard San- JJj^
DERSON, at Little-Uiver, begun on the 17th day of November, 1715, and ch^rlbs
continued, by several Adjournments, until the 19th day of January, 1715. ^^^^=;;J,^^'
Jin a£l concerning marriages, obsolete.
An aSI concerning (ransferring rights, obs.
An a(i (Oncerning defraying the charges of t/n Governor and Council. oBs.
A% aB prohihitingjirangtrs trading with the Indians, obs.
An a&Jor the Jfetdy ftUlim^nt of lands, obs.
An aSl exempting ntw- comers from paying ItvUsjor eneyear. €bs.
CHAP. 1;
CHAP. 2.
CHAP. 3.
CHAP. 4.
CHAP. 5.
CHAP. 6.
ifin aSl for the better obferving the Lord's day called Sunday, the 30M oj January, the 29th of May, cHAP. 7.
and the 22d of September ; and alfojor thefupprejfing prophanenefs, immorality, and divers othtr Rep. I, 1741,
vicious and enormous sins., - ^**
An aB for e^ablifhing the church, and appointing feleB vejlries, CHAP. 8.
Rep. 1,1741|23,
4a aBJor liberty of confcience, a^d that the foltmn affirmation of the people called Quakers, Jhall be chap. 9.
accepted, injiead of an oath in the ufualform. The objects of
this aa provJdedfor much more extensively by the Constitution of 1776, and subsequent afls of Assembly.
4n aB .relating to the biennial, and other A/Temblies ; and regulating elections and memlers. chap. 10^
Repealed by his Majesty's order.
Coroners appointed. CHAP. 11.
The objeQs of this ad prcvided for by subsequent acts;
An act Jot qualification of public ojffictrs, obs.
CHAP. 12.
Vol. L
An act to appsint Conflables.
D
CHAP. 13.
Rep. 1, 1741, 5.
^^ iilli *'"^'" ^** ^"""'^''^"fSto^tktJuPJctscJth.CounrfPi.as, and t, prevent tht C ommU.ianers*
Re„.e':Zr'„o effect b,.ub.e,aen: Z ''^"" ''^'"^"^ ^^^^'■■' '^'^'^^^'^ '"''"'^ ^^'^'^^^S «^ ^^^*rn«..
R^^it 2 ^^ '''^ ^/"'''^'"^■''^ ^^' /'W and rnethodfor the exeeutinz 0nd return of original urits and/or thA
«V. J., i^'it>,^. h^^i^ ^ regulating divers proceedings in the Court oj Pleas.
CHAP. 16. /"^^^ff'^f't the methdio he ohferved in the examimtion and commitment efcriMn^h.
R,;i„T.ted R^/" '"f'^hh's£.>^ceUency the Palatine ar,d the reft of the true and ahfolute Lords Proprietors of Car^
::Zr::L nI?p7: ^^""/Iff' '"^''"' '"^^f"/^"'/*^" Pr^M General Affembtyincnv^et at LitUe River , for the
irati.n Ma- ^°^f^ t.aftpart of the f aid province, and zt is hereby enaEied, That from henceforward, nO perfon within this
J.S rates shall provmce fhall be committed to pnfon for any criminal matter, until examination thereof be firft had hf^
t^T'-'^^ll^^-^'^lf^ admit theparty to bail, if bailable, aid ftdl recout S."
S.au record ^,^*™"^^^°P °^ 5^« P^'^y* ^"^ ^Ifo the full matter given in evidence, both againft him and for him, with
the examma- a" Concurring circumftaHces ; and fhall take recognizance; with good and fufficient fecurities. to our '^ti
^idencra '^'^ ""f'^'' P'-°^»"'=« ^o dired ; and likewife for all evidences for the King to appearand give evidence
gainst and for againft the criminal, at the next court, where the matter is cognizable, enfuing fuch examinSion • which
Sh"i take re fT'"''^ '"^ '■^^°g"'^"^«s '"^ ^^^^^^ A^all be returned to the office of the coait wherein the maTtw S
cog^^i: tt 1^^ "'tf ; "v" ^^7'"'';^ of five pounds for every neglea , one half to the lords propJLorrand he
prosecute and ^^^er half to him or them that fliall fue for the fame : to be recovered in any court within this govern
SaHf ^ SXtS^lt'd'o'^ad^^^^^ ' ^"^'" "^ effoin, proteaion, i^junOion. o?w,ge;
urn a to the n »xi ccurt, where the matter is to be tried, under penahy of Si- for every negleft.
C«AP. 17. ^ , ■ J
Rep. 2, 1746 2 Concerning tvidences..
Rfp'!2;i746;2/"*''-^'''''^'''^'Ve//«^^ credUors whoft debtors having lands i« this government, depart, withiiut
UavinTperfonateJlatefuJfficient to pay their debts.
CHAP IQ
■'^n a£l, concerning efcapes ofperfons under exectttion. OBS.
Provi'dld^f!; "^^ '^' '" ^^^ *^ ^^^'^"^ '^ ^''^' f'" T"r T"'"" '• """^ > '*' *''''" ''^"^"'^"^ ofdi/trej.^^iereafte,
bv suWnu^nt. ,^. u J to l» made, far levies and quit-rents. ''
y sMosequents acts, as to the disposal of goods on execution, and distresses for taxes. Q^.t-rents impliedly relinquished : See 2, 1777, 2-
1"pX hil Wsty's order t^uncd'"'"'"'"^ Attornies from foreign parts , and for giving priority to cmntry debts.
CHAP. 32 A
Re) 2 1746 9 ,n K » V „. . ^"^ "'^^ Concerning appeals and writs of error,
nt,,. z, 1746, 2, all but the 9th and 10th seftions ; and those rendered of no e^e<a by the revolution of 1776.
CHAP 2^
Rep. J.' 1738, ^** "^ to prevent the inhabitants if Bath county hinging anions in the general ciurt againft one another, for left-
*• than ten pounds.
CHAP. 24.
chaJ'.^25!'^* An aSl for the trial of Small and mean caufes.
CHAP.'^^S;^' ^" °^^'"' *^' *'''"' '•<§'"'''''*« °f*^'' '"'^ftta of this government:.
The form of a patent, obs.
CHAP, 27. -' ^ i-
^' \783 4* -ir^ ^i%frfT^"^"'"^ f ^'^" "^^^"^^ • ""'^f'"' '"''Station ofaaions, and for avoiding fuits in law.
i.ej,4, ^TI^HEREAS great fuit, debate, and comroverfy hath heretofore been.and may hereafter arife. bv
Y V nieans of ancient titles to land dcf ived from patents granted by the Governor of Virginia, the con-
t yviiicet of the Peace vert tiut called in tiaie <%»,
tSltions of which patents have not been performed, nor quit-rents, paid, or the lands Live been defertcdby 1715. u
khe firft patentees, or for, or by reafon, or means of former entries or patents granted in this Government ; "— ^v— '
for prevention whereOf. and for quieting men's eftates, and for avoiding fuits in law, p. ssessioas or
II. Be it enalied by his EMeUencythe Palatiney and the refl of the true and abfolute Lords Proprietors of Carolina, ''»'';-sfo'ands
iy and with the advice and conjent of this prejmt General Affembly^ now met at Little River for the North- Eaji cred^orf^e" -
part f he jaid province and it is hereby enaEled by the authority of thefamCy That all pofleffions of, or titles to catoi^ cr'ad-''"
any lands, tenements, or hereditaments whatfoever, derived from any fales made either by creditors, execu- """'n^strators or
tors or adminiftrators of any perfon deceafcJ, or by hulbands and their wives, or hufbands in right of their ^ '*'^^*".«^»
wives, or by iridorfement of patents, or otherwife, of which the purchafer or pofleflbr, or any claiming d(^s^ment' of
under them, have continued, or fhall continue in pofleffion of the fame for the fpace of feven years without patent, &c.
any fuit in law, be, and are hereby ratified, confirmed, and declared good and legal, to all intents and pur- ^'*^'* '•>* pos
pofes whitloever, againit all and all manner of perfons : Any former or other title> ot claim, aft, law, u- se^°on r y^-ars*
fage. Or ftatute to the contrary, in any wife, notwithftanding. without suit,
III. Andbeitjurthir etiatltdby the authority aforefaidy That no perfon or perfons,.nor their heirs, which "''*^«d'
Hereafter fhall have any right or title to any lands, tenements, or liereditaments^ ftiall thereunto enter or ckim"wi?hTn^
make clairti, btit within feven years ne^X after his, her, or their right or title which defcend or accrue ; years, aW "
ind in default thereof, fuch perfon Or perfons, fo not entering or making default, fhall be utterly ex- "S^^ ^"^^'■"^^J
eluded N<ind difabled from any entry o* claim thereafter to be made. cr be excluded.
IV. Provided neverthelefsy That if any perfon or perfons that is, or hereafter fhall be, entitled to any right Minors, feme
or claim of lands, tenements, oT hereditaments,^ fhall be, at the time the faid right or title firfl defcended, covert, '&c.
accrued, come, or fallen, within the age of twenty-one years, feme covert, non compos mentis, imprifoned. ^j^'"" ^ K^""'
. .*. ...-1 i.1. r f rti. . -./^ ,. ,-..- *^ ' after ihpv rriiri:
tney coini
or beyond feas, that then fuch perfon or perfons fhaU and may, notwithftanding the faid feven years be ex- To age,"&c!
pired, commence his, her, or their fuit. Or make his, her or their entry, as he, ftie, or they might have done
b'efore this ad, fo as fuch perfort oif perfons fhall, within three years next after full age, difcoverture, com- sea^whi'^i'ii 8^'*
ing of found mind, enlargement out of prifon, or perfons beyond feas, within eight years after the title or years.
claim becotnes due, take benefit and fue tor the fame, and- at no time after the times or limitations herein Prssessiors
fpecified j but that all poirefTions held without fuing fuch claim as aforefaid, fhall be a perpetual bar againft ''^.'^ withr^ut
all and all manner of perfons whatfoever, that the expeiftation of heirs may not, in a fhort timej leave much sa|j ^l ^^"X
land unpofTefled, and titles fo perplexed, that no man will know of whom to take or buy land. ' ° ^* ^'
V. And be it furthxr enaEled by the authority af or efaidy That all a€lions of trefpafs, detinue, a£tions fur Limitations of
trover, and replevin, for taking away of goods and chattels ; all adlions of accompt, and upon the cafe ; ^"^'""s.
all actions of debt for arrearages of rent ; and all anions of aflault, menace, battery, wounding, and im- Aaisnaof ac-
p'rifonmerit, or any of them, which fhall be fued or brought at any time after the ratification of this a£t, com|)t,xase,&c.
fiiall be commenced or brought within the time and limitation in this aft exprefled, and not after; That *°.'^^ '"•ought
i3 to fay ; aftion's of accompt render, anions upon the cafe, anions of debt for arrearages of rent, a£ti- ^Mptaccom ^t
ons of detinue, replevin, and trefpafs quare claufumf regit y within three years next after the ratification between mer^
of this z6ty or within three years next after the caufe of fuch aftion or fuit, and not after ;. except fuch ^'^^^^^' ^';-
accompts as concern the trade of merchandize between merchant and merchant, and their faflors or fer- wI^liTT ^'^*
vants } and the faid aftions of trefpafs, afTault and battery, wounding, imprifonment, or any of them. Case for words
■^vithin one year next after the ratification of this aft, or within one ysar after the caufe of fuch aftion ^^ithin 6
or fuit, and not after : and the faid aftions upon the cafe for words, within fix months after the ratifica- """"^^
tion of this aft, or within fix months after the words fpoken, and not after.
VI. Provided neverthelefsy and it it hereby further enaBedy That if on any the faid aftions or fuits, judg- I^ judgment be
ment be given for the' plaintiff, and the? fame be reverfed by error, or a verdift pafs for the plaintiff, and & 'J"^ P'^'"tit5f
Upon miatfer alledged in arrefl of judgment, the judgment be given againft the plaintiff, that he take no- arresIi^^orSf J
thing by his plaint, writ, or bill j or if any of the faid aftions fhall be brought by original writ, and the defendant can
defendant cannot be attached or legally ferved with procefs, that in all fuch cafes, the party plaintiff, his ""'iJe attached,
heirs, executors, cwr adminiftrators, as the cafe fhall require, may commence a new aftion or fuit, from whhhi i vMr
time to time, withia a year after fuch judgment reverfed, or fuch judgment given againft the plaintiffj &c.
or till the defendant can be attached or ferved with procefs, fo as to compel him to appear and anfwer.
VII. And be it further enaSledf That in all actions of trefpafs quare claufum fregity hereafter to be jn aiJlionsof
bfought, wherein the defendant or defendants fhall difclaim in his or tlieir plea to make any title or trespass qucrs
tlaim to the lands in which tlie trefspafs is by the declaration fuppofed to be done, and the trefpafs be <:'-a^^m /regit,
V negligence, ot involuntary, the defendant or defendants (hall be admitted to plead a difclaimer, and j-aJaimf hf "*
12 1715. that the trefpafs was by negligence, or Involuntary, and a tender or offer of fuITtcIent amends for fuch
i^0f<n^ trefpafs before the aftion brought, whereupon, or upon fome of them, the plaintiff or plaintiffs fhall b^
Trap, plead a dis- inforced to juin iffue, and the faid iffue be found for the defendant, or the plaintiff fhall be non-fuited ;
^^'d^T' ^r ^^^ plaintiff fhall be clearly barred from the faid ad^ion, and all other fults concerning the fame. "
tiflsha'u join is- VIII. /Jnd he it further ena£}cd hy the authority ajorejaidt That in all afltions upon the cafe for flanderous
iue. It lor tlie words, to be fued or profecuted by any perfon in the general or precinft courts of this government, after
defendant, &c. ^^ ratification of this aft, if the jury, upon the trial of the iffue in fuch action, or the jury that (hall en-
bwred, ho. ^ quire of the damages, do find and affefs the damages under forty {hillings, then the plaintiff or plaintiff^
In aaions for in fuch adlion, (hall have and recover only fo much cofts as damages, fo given or affeffed fhall amount
V otds, if dema- unto, without any further increafe for the fame : any law, ftatute, ulage, or cuflom to the contrary, in any
res under 40s. t . . vn. j- ■ d ' f a f /• f
5ie I'lamtiir *'"'^» notwithltandmg.
to have no more I X. Provided neverthelefsy and he it further enaSed, That if any perfon or per fons that is or fliall be intitled
costs ihan da- to any. fuch aftions of trefpafs, detinue, adlions fur trover, replevin, actions of accompt, and upon the cafe,
Pe«"rs under ^*^'°"s of debt for arrearages of rent, aftions of affault, menace, battery, wounding, and imprifonment, adi? i
age, &c. may ons of trefpafs quare clmifumfregit, afljons upon the cafe for flanderous words, be, or fhall be at the time of
bring suits any fuch caufe of aflion given or accrued, fallen or come within the age of twenty-one years, ferae covert,
bef'"e'r^*^^i"d'^ ""' ^^"'Z'^-'" ^^fi^"> imprifoned, or beyond the feas ; that then fuchi perfon or perfons fliall be at lil>erty to
after tliey come bring the fame aftions, fo as they bring the fame within fuch times as are before limited, after their Coming *
to age, &c, to or being of full age, difcovert, of found memory, at large, or returned from beyond the feas, as othes
perfons, having no fuch impediment, might have jione«
CiiAP. 28. Feme coverts hoiv to pa/s lands,
WHEPEAS the legal way of paffing lands where the eftate is in a feme covert, is by fine and reco?
very ; and it having been formerly practicable in this government, (fines and recoveries not bie^
"""'''^■"'"■'' inufehere,) that fales liaye been made by the hufband with the wife's confent, and fometimes by {z\&%
from them both, and acknowledged in court, the wife being firft privately examined by the courtj^
whether fhe acknowledged the fame freely :
Sales made by II. Be it enaBed, by his Excellency the Palatine^ and the refl of the true and ahj<flute Lords Proprietors of the
xi'ife's'consen- p^'O'^^nce of Carolina^ by and nvith the advice and cqnfent of the reft of the members of the General Affemhly. now
or by both, &c! ^^^t '^i Little River, for the North JSaftpart of the/aid province , and it is hereby enacted, by the authority ofthefame,^
& ackr.cvviedg- That all Cuch fales which have a.t any time heretofore been made in manner and form aforefaid, or which
Justice° or in li*^reafter fhall be made by .the hufband and wife, and acknowledged before the Chief Juflice, or in the
court, the wife court of the pr€cin£t where the land Ueth, the wife liaying been firft privately examined, before the
being examin- Chief J L'-ftice or one of the affociate J udges, or by fome member appointed by the court of the precinft,
' '° ^'^ ^*''''' whether flie acknowledgcth tlie fame freely, fliall be good and efteftual againft the husband and wife, and
their and every of their heirs and affigns, and againft all other perfons claiming by, from, or under them„
or any of them, and that to all intents and pyrpofes, as if the fame .^ad been donje by fme and recove-
ry, or by any other way or means whatfoeyer.
Kottobccon. HI. Provided akvays, and it is hereby meant and ititenJed, That notJiing In this aft contained, fliall b^
' ' ll's""^"'** conftrued or meant to give any power or authority hereafter for cutting off' intailed lands: Any thing;
herein before contained to the contrary, in any wife, notwi.thj(itand,ing.
strii
intaiiS.
CHAP. 29. -^n a8i for preventing difputes concerning lands already furveyed. (a)
WHEREAS difputes do frequently arife concerning lands already furveyed and patented, to thcgreat
charge and vexation of many people holding and enjoying thofe lands : for prevention whereof for
the future, and for fettling fuch differences as may hereafter arife ;
patents granted H. Be it enabled by his Excellency the Palatine, and the riftof the true a/jd ab/olute Lords Proprietors of the pro*
vernors, &c.°" ''^^^'^^ ^f ^'^^°^^^^':hy and -with the advice and confent of the tiest of the metnbers of the prefent General jffetnbly, now
good and valid, ^^t ot Little River, for the north-eaft part of the faid province, and by the authority of the fame, and it is hereby en-
aEted and declared, That all furveys already made, and patents granted, within this government, by all and
every preceding governors, Deputy-Governors, or FreCidents, are hereby d^lared to be good and valid, to
(a) This act in Mr. Davis's edition, is said to have been repealed : bi\t I cannot find the repeal in any subsequent act of A sscm-
bly. Perhaps therefore it may be one of those a<as that have bctn disallowed by the King in Council, of which 1 have been abl«
to obtain no account.
afl intents and purpofes wliatfoever ; any pretended defers or infafEciency in the powers cr authorities 1715. 13
for fo doing to the contrary, in any wife, notwithftanding : And th^t patents may and ought to be granted Ka*^v^»J
on all and every the aforefaid furveys lor which patents are not already granted } thofe lying within the Patents giant-
controverttd bounds only excepted. '.'1,'!"*^°"^"*
III. And Ire it further enaBed iy the authority aforefaid, That no perlon whatfoever ftiail tike up any marlh, He that will
fwamp, or funken lands, but ihall firft give notice, in writing, to the owner, of the land adjoining .■ after take up s ^ramp,
notice delivered in writing before evidertce, luch perfon or perfons Ihall have fix months time to rcfolve ^"^ ^° "^tice
whether he will take up the fame or no ; and in cafe he fliall not, before the end of tiae faid fix month?, t^e land adjoin,
take out a warrant to fur%'ey fuch marft, fwamp, or funken land as (hall be contiguous to his own land, ing.
then the firft perfon who gave fuch notice may furvey and patent the fame.
IV. AndheitfurthtrtuaSiedbythe authority aforefnid, That if any perfon (hall believe that there is con- Land tsstirvev-
tained in the furvey or patent.of any perfon, more land than the fame furvey or patent mentions, then, and f°' ^"'^'fAe
in fuch cafe, fuch perfon may employ the Surveyor-General, or his Deputy to re-furvey fuch land ; and doth no'tTxceed
if itfhall appear that the latter furvey doth not exceed the former by more than ten acres in the hundred, the former
i«ch (hall not be deeme^d any error, nor the owner of f"uch land put to any charge or trouble in re-furveying 'no'''".fhan lOa-
or patenting the fame ;* hut the party employing the furveyor (hall pay all charges. dred'no'erro"*
V. And be it it further ettaBed by the authority aforefaid. That in all cafes of differences where any re-fur- Surveyor to go
yey {hall be made, the furveyor fliall always proceed by the marked trees, if the fame can be found, or by by marked
jtiatural bounds if any meptioned ; and if there be not marked trees, then he fhall follow th.e courfes men- bo^"| ""^ "**"'^^'
tioned in the pht or patent, fo as the intention of the party firft taking up may be obferved as near as may and diotaHce. ^
be : and if it fliaU happen that in any re-furyey there ftiallbe more land contained above the quantity men- Rfsurvey con.
tioned, befides ten in the hundred.before mentioned in this aft, it fhsll be in the choice of tlie owner of the 'u'"'"^ ""^"^^
iiind to take the fame, paying the furveyor his fee, or to leave out the overplus in fuch part or place as he owners may^"'*
pieafes ,• and then the whole charges to be borae ai>d paid by him that required the furvey. take surplus, or
VI. And be it further enatied by the authority aforefaid, That all furveys or patents hereafter to be made '^^^e it oiit.
or granted for the land or plantation of any deceafed perfon, the fame fliall be made and granted in the crasTd^pmons
name of the heir at law, which neverthelefs (hall not bar any that have title thereto by dower or courtefy, land, to be in
or by the will of the deceafed polTefibr ; but that every title or claim fliall ftand good and valid in law, as *''? "^n^^ of fi^e
they might or ought to hsve done if the deceafed poffeffor had, in his life-time, furveyed and taken out a Sdoter &c?
patent for the fame m his own name*
An gB concerning efcheat lands qndefcheatort. REPEALED, Vol. 2, 174. CHAP, 30.
An aSiJorthe more efeSlual sbfervingof the ^een's peace, and ^flahlillmg a good cmdlafling foundation of go-^'^^^' 31*
vermnent in Nerth-C(irolina. fa)
'HEREAS feveral revolutions have heretofore happened in this colony, which were fomented and
carried on by fattious and fed itious perfons, to the great lofs.and damage of the inhabitants thereof,
and to the repeated breaches of her Majefty's peace, and .violation of the loyalty and obedience due from
fubje£ls to their lawful Sovereign and iaiperiors ; and what moft nearly has concerned us, are the late un-
happy diflentio.ns among ourfelves in tlus colony, whereby injuftice and oppreflion took place and over-
fpread our country, our trade decreafed, and daily differences and animofities increafed, to the ruin of re-
ligion and our liberties ; fince which it has pleafed God i« a great meafure to influence us with a deep
concern for our calamities, and put into our hands a power and refolution of removing thefe threatening
evils and dangers, and for the future to procure a happy reftoration of peace and tranquility amongft us,
by making fuch good and wholefome laws whereby religion and virtue may flourifli, our duty to our prince
and governors be put in praftice and maintained, our laws, liberties, and eftates preferved and kept invio-
lated, and juftice and trade encouraged :
• Tf ^ u" *^^ edition of Mr. Mostly and Mr. Swanii, the titie alone of this afl is giveti with this remark in the margin: " Provi-
oea tor by statutes inforced in this province, by act, 0(9. 16, 1749, Ch. 1." This last act, however, is universally allowed to have
been repealed or disallowed by the King's proclamation, though I can fi/id no authentic account of it ; and the repeal or disallow-
ance must have been subsequent to the act of confirmation of the above mentioned editioa by act of Assembly, which passed
at the same session with the former, (Ch. 6.) I have therefore thought it my duty to retain all the parts of this aft, except those
wnich are clearly obsolete, not being warranted, I conceive, in saying that the whole is so.
Vol. 1. F
14 1715.
See the Derla
ration of
rights, & con-
stitution of
1776
&
Penalty lor
breach of it.
II. We therefore, the Commons aflembled, do pray that it may be ena<Sled, ^aJ kf it em^edh^ his Ex-
cellency the Palatine, and the rejiofthe trtte and abfolute Lords Pi^oprietcys of the province of Carolina, by andmth
the advice and confent of the members of the General AJfembly, noiv wet at Little river for the North-eafi part of
the province, and by the authority ofthefjme j and it is hereby enacfed. That any perfon or perfons whatfoever,
who Ihall, at any time after the date hereof, (peak any feditious words or fpeeches, or fpread abroad falfe
76l,i77r,3. news, write or difperfe fcurrilous libels againft the prefent goverriment, now lawfully eftablifhed, difturb
2, 1777, 6. or olv^ruft, any lawful ofhcer in the exec-uting his ofiice, or that ftiall inftigate others to fedition, cabal
wrer '^d ^^'* ^^^ ^^^^ together, to contrive, invent, fuggeft, or incite rebellious confpiracies, mifdemeanors, riots, or any
preserve . manner of unlawful feuds or differences, thereby to ftir up againft, or malicioufly to contrive the ruin and
difturbance of the Queen's peace, and of the fafety and tranquility of this government ; the faid perfon or
perfons fo Offending, (hall, and are to be reputed as utter enemies fo the Queen's peace, and the welfare
and good of this government, and (hall be punifhed accordingly, by fine, imprifoflment, pillory, or other-
wife, at the dilcretionofthejuftices of the General Court •, who are hereby impowered to hear and determine
the fame : And the faid perfon or perfons fo offending as aforefaid, (hall be compelled to give good and
fufBcient fecurity for his or their good behaviour during the court's pleafute j and be incapab'e of bearing
any office of profit or truft in this government, for the fpace of three years, or aeiording as the demerits
of the crime (ball appear before the judges thereof/ And if any perfon or perfons (hall at any time here-
after know of any fuch evil pra£tices as aforefaid, and (hall conceal the fame, that then they (hall be pun-
ifhed in the fame mannei as if they themfelves had committed fuch crimes.
III. And for the further prevention of fuch traiterous confpiracies and rebellions agai^fli; her Sacred
Majeity of Great-Britain, her crown and dignity, and the better to diftinguiOi and prevent any difaftefted
minifters or officers, either military or civil, from ading, or being tolerated, commiffionated, or impower-
ed, to a£t in poffeffion, hold or remain to a£t by virtue of any commiffion, deputed commiffion, or any
power whatfoever, until the faid perfon, whatfoever he be, has firft qualified him(eiif according to tlie
itriftnrfs of the laws of Great-Britain, now in force.
IV. Be it further enaSied by the authority aforefaid, That what perfon foevet, fhall aiTfc in" arty place of
profit or trufl as aforefaid, without being fo qualified, fball forfeit the fum of one hundred pounds ; to be
recovered by aftion of debt, bill, plaint, or information, in any court of record within this province ; one
half to the Governor or Prefident for the time being, for the fupport of the government, and the other
half to him or them that (ball fue for the fame ; and (hall forfeit his right to the faid place or benefit.
Prodded, That all military olEcers may take the oaths in order to their qualification, before any one of
the members of the Council, or of the General Court, who are hereby empowered to adminifter the fame,
and give them certificate thereof. And moreover, what perfon or perfons, who hereafter (hall alter, e-
quivocate, add to, or dimini(h, any word, part, or claufe, of the oaths appointed to be taken by law, (hall
be deemed and held guilty of forgery, and high crimes, and (hall be punifhed accordingly.
V. And whereas, this province is annexed to, artd declared to be a member of the crown of England /
yet, notwithftanding difputes do often arife concerning the laws of England how far they are in force in
this government ,• and it appearing by the charter, that the powers therein granted of making laws, are
limited with this expreffion, viz. «< Provided^ fuch laws be confonant with reafon, and as near as may
be, agreeable to the laws and cuftoms of our kingdom of England" From thence it is manifeft, that the
laws of England are the laws of this government, fo far as they are compatible with our way of living and
trade :
VI. Be it therefore inaBed, by the authority aforefaid^ and it is hereby enaBed and declared^ That the com-
mon law is, and (hall be, in force, in this government, except fuch part in the praftice, in the iffuing an J
return of writs, and proceedings in the courc of Weftminfter ', which, for want of feveral officers, cannot
be put in execution s which ought to be fupplied by rules of the General Court of this Government, be-
ing firft approved of by the Governor and Council, which (hall be good in law, from time to time, till it
(hall be altered by a£t of Affembly.
VII. And be it further enaSled and declared, by the authority aforefaid. That all ftatute laws of England*
Persona hold-
ing public offi.
ce&,to quality
according to
law.
Common law
inforced.
1, 1777,14,
2, 1778, 5,
Statutes of En.
s" h ''l*""^^^" nJade for maintaining the Queen's royal prerogative, and the fecurity of her royal perfon, and fucceffion.
the church, and the laws made for the in-
& constitlnion dulgence to Proteftant Diffenters, and all laws providiiig for the privileges of the people, and fecurity o{
of Ji'76. trade ; as aifo, all ftatute laws raide for limitation of ad ions, a»d preventing of vexatious laws fuits arj4
t6t preventing immorality anci'ud, and confirming inheritances and titles of land, arc and fhall be in 1715.
force herei altho' this province^ the plantations in general, are not therein nzmcd.(aj
13
An aSifarfti
An 0^ to regulate divers abufei in
and ntaintaining pilots at Roanoke and Qccacoch-lnlets.
CHAP. 32,
Rep. 1,1733,4.
Waking up of lands, and to a/certain the method to be ohferwdfrom henceforth CHAP. 33.
\n taking up andfurveying lands, (b)
HEREAS of late years, Lt inconveniences have arifen by means of the irregular proceedings
and methods obferved inhering and taking up land, and by foms perfons holding or pretendmg
! right to large trafts of land ; to I great difcouragement of strangers coming in to inhabit among us, and '
to the great weakening of places alldy fettled and inhabited, as well as to the great lofs and prejudice of
the Lords Proprietors .• for prevent whereof for the future, and for the better regulating the method of
taking up lands in time to come : I r/-, ,■ Method to be
II. Biii enaaedby his Excellency ilfalatine, and the reB of the true and ahfolute Lords Proprietors "fCaroh- ^^^^^^^^^ -^ ,5^,
tM, by and with the advice and confenthis prefent General AJfemhly, now met at Little River, for the Nortb-eafi kmg up and
part of the faid province, and it is herAnaBed by the authority of the fame. That from and after the fir ft day of surveying
January next enfuing the date hereoL Suiveyor- General, nor Deputy Surveyor, (hall enter any land for *" *•
any perfon after the maniieit as has bd of late years obferved \ but that all perfons whatfoever that fliall,
from thenceforward, be minded to takup any lands in this government, (hall before he lays claim thereto,
take a warrant from the Secretary's <fee, direded to the Purveyor- General, or Deputy, as ufual, men-
tioning the quantity of land by them iUded to be taken up ; which warrant he ftiall deliver to the faid
Surveyor- General, or his Deputy, togLr with an account where the land litis which he intends to take
up by that warrant, which <he Survey&iall indorfe upon the back of the faid warrant, together with
the time of his receipt thereof, and givl copy of the faid indorfement to the faid perfon j tor which it
fhall be lawful for him to demand andVeive the ufual fee of entry and copy j and Ihall, within eight
months next after fuch receipt, furvey al make return of the faid land, with the warrant, as is ufual, un-
lefs he (hall give fufficient reafon, upon k oath, for not doing the fame : Provided always, That he hath
no warrant before lodged in his hands fdthe fame land : And prcvided alfo. That if occafion be, the Sur-
veyor (hall be impowered to hire chain-Wriers and markers for his ajTiltance In laying out of any land?,
and {hall charge the fame to the owner ofVch land.
III. And be itfut ther enaBed by the autlkty aforefaid^ That the Surveyor- General, and his Deputy, fliall JJ^^^^^^''^ '""
■obferve, in furveying and laying out of all hds to be taken up from henceforward, that lies on a navigable
river or creek, that he fhall run a full miMn a dire£t courfe into the woods, and each oppolite line fhall
tan parrallel with the other, if it can be adUed, for other peoples' lines, or rivers or creeks ; and for all If m the woods.
lands taken up wholly in the woods, the sirey fhall be upon a fquare, if it can be admitted as aforefaid.
IV. And be it further enabled by the authorkaforejaidt That no Surveyor, or Deputy-Surveyor, from and Surveyor not to
after the time aforefaid, fhall furvey or lay o\ more than fix hundred and forty acres of land in one traft, [^^^"g^^^"^'-^^
nor (hall furvey or lay out two feveral tra£ts V land for any one perfon within two miles at leaft of each .^^^'^^^ ,ri*a,^*
Other, unlefs by particular warrant from the irds Proprietors for that purpofe. nor two trids
V. And be it further enaEledbythe authority \href aid ^ That any Surveyor, or Deputy Surveyor that fhall ^r^one person
pf efume to furvey or lay out any lands contraV to the direftions, purport, and meaning of this a6t, fliall )^"gg'" ^""^
for every offence, forfeit and pay the fum of ft pounds ; one half to the Public-Treafury, and the other surveyor Uyy
half to him or them that fhall fue for the famL to be recovered in the General Court of this province ; ing om lands
wherein no efroin,protedion, or wager of law, lall be allowed. _ aft"^to\rfeit'*
VI. And forafmuch as the Lords ProprietoAdo fuftain great damages, and the country in general lies jq/
Unfettled, by reafon of many perfons ho'ding c^retending right to large tracts of land in this govern- i\o person to
ment, without any other title thereto than a bjt entry or furvey ; Be it enaBed by the authority aforefaid, ^^^^litmoaey
That all or any perfon or perfons whatfoever, wte do now hold or pretend any right to any lands within P J^ ^^l p^.^^j
this government, by virtue of any furvey or purdafe, as aforefaid, made before the fourteenth day of A- granted, &c.
pril lafl paft, and do not pay, or fecure to be pal, the purchafe money thereof to the Lords Proprietors
Receiver-General, on or before the twenty-fifth by of December next, puriuant to an order of council,
fa J The 8th, 9th and 10th seSions are obaoleie I
f AJThis act is circumstanced in the S2me manner with Cabg U is salJ, in Mr. Davis's edition to have been ref «alei, but X
caanoc find the auihoti:^ for th^t asseirtton. \
16 1715. Jated the aforefaid fourteenth day of April, it flialf and may be lawfu! any perfon or perfons to enter
v-<»-v^o on the fame Unds, and have patents therefor upon the old furveys ; pr<dcd he or they fo entering, fliall
pay, orfecure to be paid, to the laid Receiver- General the purchafe m^y and quit-rents which (hould
^nce aS n'' ^^^^ ^^^" P^^"* ^y *^^ P^'^^*'" ^^^* ^^'^ ^° ^^P^« '^e '^'"e* a"«J alfo the fuof ten (hillings to the Surveyor-
for which the' General, for altering the certi ficate ; which patent, when fo obtained, Jl be deemed and adjudged good
I uhchase mo- and valid, to all intents and purpofes ; any law, cuftom, or ufage, to tJcontrary, notwithftanding : And
pafd'tt'hi^'e ^ further, all perfons that do pretend any right to any lands taken up opretence of purchafe, as aforefaid,
months', for- ""'^^ ^^^ fourteenth day of April ; or that fliall, from henceforward, t^ up and furvey any lands on pre-
feited, and any tence of purchafe, and do not pay, or lecure to be paid, the purchafe ^ney thereof to the Receiver-Gen-
wa"akeu°"h 1^^- ^^^ ^^^ ^'""^ ^^^"^' ^**'" fix months after the date of fuch furvf fuch perfon or perfons fliall forfeit
same.* *"^ '^ f^ ^^S^*- t^^'^to > and it fhall and may be lawful for any otlier pe-n or perfons to take out ^ -^varrant
No person af- tt-'Jt ^^"^^' ^"'^ P^'O^^^d thereon as is before diredted in this ad, f taking up vacant lands. . " x
ter Jan, 1, to ^"' ^"^ ^^ it further enaBed by the authority aforefaidy That from i after the aforefajd firR day of Jan-r,
sell his rigvii to uary next, no perfon fhall fell or alienate his right to any land, until h^as paid the purchafe money thereof,
chate monev"" ^^^ ^^^ obtained a patent and grant for the fame ; but fuch fale, affiment or conveyance, fliall be deem-
l>aid, and pa- ^^» conftrued, and taken, to be invalid and of none effea : And fuc'and ^lall be free and clear for any o-
teutgvanied, ther perfon to take up, obferving the rules in this ziX before fpecifi for taking up vacant lands.
^ht bdoi'f s to 1, ch P>-syided always neverthelefs, That where the right of land 'retofore furveyed on pretence of pur-
orphans', u'l^ble f aforefaid, belong? to any orphan or orphans that are not abler capable to patent the fame, for want
to patent it, o^ perfonal eftate, within the time before limited in this zEt, it fhaand may be lawful for the guardian or
gviardian, &c. guardians, truftee, or truftees of fuch orphan or orphans, or adiniftrator of the inteftate's eftate, tq
y se I it. jell and difpofe of all or fuch part of fuch right, as aforefaid, by jblic fale, to the beft advantage they can
In case of ne V '"'^^^^^'^ eiiite; any thing in the faid ad to the contrary r^withftanding : and in cafe any guardian,
glefl &c. or- ^[^""^^ ?^ admmiftrator, fliall neglea or refufe to make fale of th land as aforefaid, within fix months,
phans court to the orphans courts are hereby empowered and required to call fiJi guardian, truftee, or adminiftrator, tQ
sell such right, account ; and if they cannot find perfonal eftate fufficient in thr hands to purchafe fuch lands, as afore, ..
Inhabitants of fv a" '^' ^^^'^ ^°"'"^' ^^^" "^^^ ^"*^^ ^^^^' ^^^ ^^ fuchfes as abovefaid.
Bath count) al- , ^-^-^^^ whereas many of the prefent inhabitants of Bath c«nty, by reafon of the calamities befallen
lo^ed longer them during the late wars with the Indians ore rendered incable of making prefent payment for tlie
^u'^ch? ''''^ P"'^chafe of fuch lands as now are, or have been, adually heL fettled, and improved bv them, and from
nej .pongTv'ng ^^^J^^e they have been lately driven by the enemy .- Be it etmid, That a further time be granted to fuch
stcun.y. perlons lor paymg the purchafe of fuch lands, upon giving fucbecurity to the Lords Proprietors Receiver-
(.^eneral, as fliall be by him approved of, within fix months tcr the ratification of this aft : any thing
herein before contained to tlie contrary thereof, in any wife, rtwithftanding.
Voi z'lQl.' T -r^v ^-""^ fof ^"iering of vejfelsj and to preven'he exportation of debtors, (a) ,
Master of Ces- \\ '^ ^""^^f^ h ^" Excdlency the Palatine, and the refr oft? true and abfolute Lords Prcpriefcrs ofCarolina^ "
seltog.vibond 1^ h ''f^d -with the ad-uice ar.d corfent cj the rest of the mentrs of the General A If^mbky now nut at Little Ri- '
TcJ, wUhi'n'f ""'■• ^^^'^'^ ^orthfu^ port of the faid Province, and it is here, maBed by the authority of the fame, That the
matter ot every fliip or veflel coming into thig |overcment,fh«,ll, within four days next after his arrival^ \
.n(i!;^c'll*"T?'"***"^ at the session of Nov. 17rr,(Ch. II )entltl&'' An act forappo^ntingraval officers in thedifleremportj
Infint . !' 7''i''"^"""g their duty in office " In the session cf Jan. r9, an aa (vas passed (Ch 7.) entitled, " an act for ap.
rWp^r "^^*'-'^ffi"'-* at the d.fierent ports of this state, and directin^beir duty in office, apd for other purposes " By the last
d >»v nf LI c"j" "'^*'*rf"''' ^;as expressly repealed, as also " all othcafls and resolves theretofore n^ade or passed relative toUie
of I.mV 17R1 ,?.l o N . I' ^"«>''^" ^^ concerning the duty of n^alcfficers, in pertain particulars, was passed at the session
aft on .h/«m A . ■• V *^'*."'" f "^P"' ^''^*' ^"°'''" ^" <C''5 ) was passed on the subJeft of the naval-officers. Another
and after tlfeT^Lw f^t' ^T**,,"? '^^ f "*°" ^^ ^ov. 1787, (Ch. .) By this it is enacted in the following words: " That from
0?all be and L'^hpl^K a ," ^^' " ' '^*"' .''"^"'"^"'''^ "'^'^^ '° ^^' ='^ "^1 """P'^ *' "PP'^ ^° *« fees or duties of naval-officers,
in the sate afl ,!' ?^„*^"?*"** ''']'* ''^P^'^'^ ^"*^ '^''^ ^°'''- " ^ke words are in the .very beginning of the aft. Afterwards
'• Nor wTil l«,fl>v t k""""? T"'*^' *'*"" P'" "'^ *" ^'''^ *" ^ '^l^o ^y »^*' "^^^^^ °' "*"" previous to any vessel's clearance:
mv knowedir" f b ''"^"i" '" ""^ ^'"*' **"* ""^ *'^ *'**^' a^y inabitant thereof privately, or contrary to law. to the best of
the exi^ortation nf aJ^?^ r°, ^?"!' '^i" '•"•'■aining persons goig out of th. ccuntry. except the abcve, calculated to prevent
whether the above ^r^ T^ „^ >'^'''''?* '*','"^*°'''' ?^^ ^^''^^^ """''' i^'^'^^s '"iding tlie strong words of repeal in the act of 1787',
Plation of the Leli.H. ^^l^ ^^ ^^'^'^^ '^P"'"^ "" ""*' ^^ " ^'""^ "^'V Probable the repeal of Utat aa wai not in the contem-
S one ti-ay k.iK;7judg.:em i*„7^^^^^^^^^^
^d before he trade or land aLods, (living creatures only excepted,) enter Into bond m the naval or- 1 < 15. 17
fice, with one fufficient freeHr or wfil- known merchant, in the fum of five hundred pounds, with
condition, that the faid mafteiiir not carry off any perfon out of thl". province without a ticket firft
had and obtained from the Nahfficer, and figned by the Governor or Commander in Chief fof the
time being, (perfons coming iVhis province in the fame veffel, women whofe hufbands are refident
in the country, perfons under Und failors who have not refided in the government above two months,
excepted,) nor ihali depart hini without leave ; under the penalty of fifty pounds; one third to the
Ji.ords Proprietors, one third to \ Governor or Commander in Chief, and the other third to the infor-
mer. \ . i_ r
II. And be ii further em^ed Mauihority afore/aid, That the faid bond fhall be taken m the name of
the. Governor or Commander in tf for the time being, payable to himfelf, his fucceflors or alTigns,
hut fhaU be to the only.ufe of, A truft for, fuch perfon or perfons as fhall appear to be injured by
jthe faid mafter's non performanc4he condition above expreffed ; and fliall be affigned to any perfon
pr perfons fo injured petitioning Ihe fame, who fhall and may maintain an aftion thereon.
' 111. Provided always, and it is Uyfyrlher enaBed, That if the faid bond or bonds (hall not be fued
within two years after the date thbf, then the fame fhall be null and void to all intents and purpoles
whatfoever, as if the fame had neyL^n mad^p any thing herein before contained to the contrary, not-
withftanding. \
.' . IV. And be it further enaBedhy tlithority afore/aid, That no ticket fhall hereafter be granted to any
-perfon intending to export his or hdi out of this government, (except as before excepted,) until futh-
.cient fecurity be firft given to the NaiOfficer, for the^payment of all luch debts as the party fo intending
to depart fhall be chargeable \7lth, ^for wliich aaionslhall be commenced within four months neXt
after fuch fecurity given ; or until create be firft made to the Naval-Ofiicer, by /he clerk of the pre-
cina court where the party fhall refifthat he hath publifhed his intentions to depart the government,
by affixing a note at the court-houfW, publicly to be read by all perfons, during the fitting and
.continuance of the two coiuts next pildiug fuch cer.tificate, without being under written, or any de-
mand made to liinder his or her depate. i r • r i,
.' • y. And be it further enaEled, That oLfault of fo doing, the Naval-OfHcer fhall be liable to fatisfy the
creditors of all fuch perfons who fhall dart the government by ticket fronj that office i provided anions
for the fame be entered within four moU after the date of fuch ticket fo obtained ; without fecurity gi-
v^n, or certificate had and received froihe clerk of fome precind court, as before mentioned.
An aBfor raifm^ a ptMic magazine of Munition, up^n the tonnage of all yejfels trading to this government, chap.^
days after arri-
val, in 5001.
penalty, not to
carry any [)er-
son out of the
country with-
out a ticket.
Exceptions.
Nor shall he de-
part himself
without leave.
Bond in the
name of the Go-
vernor, in trust
for the party in-
jured.
Mot sued with-
in two years,
void.
Ticket not to
be granted till
security given
for payment of
tiebts.
Or certificate
produced.
Naval' officer
not complying
liable for the
party's debts, if
anions brought
4n acwtcerning roads ^nd ferries.
An a£l ta^courage the building of mills.
35.
Kep.2,1 748,10.
CHAP. 36*
Hep. 1756, II.
CHAP. 37.
Rep. 2, 1758, 5.
An oSi to appoint public Regifters, atid to dik the method to be obferved in canveying lands, goods, and chat- CHAP. 38.
tels: and for previing fraudulent deeds and mortgages. _ . „
WHEREAS his Excellency the PalatiiJ and the reft of the true and abfolute Lords Proprietors, a-
mongft other privileges and immunU have given and granted to tliis theur province, to Ghooie
public remitters: in purfuance therefore to tlfraid grant, and for the better and more effeftual prevention
of fraudulent deeds, alienations, and mortgig ; r j n • .. r^A a.-/, Redsters how
II. Be it enaSled by his Excellency the PalatiLnd the ref of the true and abfolute Lords P^pf^*;] °J '*^^'^*" appointed.
-uince of Carolina, by and -uith the advice and cifent of the refl of the members of the General Affembly,n9W met
at Little River, for the North-Eafi part of theVd province, and it is hereby ena^ed by the authority oj thejame, ^^^^ g, 1777.
That it fhall and may be lawful for all, or thAiaior part of the inhabitants and freemen of each precmtt. g, gwing th«
(who are qualified to vote in the eleftion oflrgeffes ) to meet the firft day of April next at the «f«»^ g;^^;^^ »P^
place for eleftion of BurgefTes, then and therelby a majority of votes, to eleftthree freeholders, as can- 1-^^^ ^^^^^
didates for the faid office -, of which faid candttes fo to be elea.ed, the provoft-marftal of each precinct, ^^^^ j
or his deputy, (who are hereby required to attkd fuch eledions,) (hall, within twenty days alter, maKc
return to the Governor or Commander in chieffor the time being, under the penalty of fave pounds lor
Vol. I. If
Jlilj every fuchneg!ea-i and the Governor or Commander in cHlef, with t*dvice of the Lords Proprietors
»-^v^i> deputies. Oiau make choice of one of fuch candidates lo eleded as tfM, who being commiffioned
under the hand and feal of the Governor or Commander in chief, (hal thereby invefted with the office
41,
Penalty.
Re-«ern.-ive m^ i^j i r ' ^" ' ""*'^ ^'"^'^^ ^^ ^ '^'^''^ ''^ the parifh church' births, burials and marriages,
bond, K«. I "'• ^"^ *f ''' /«'•/*<'>' ^«<3^f^ by th authority aforefaid. That each 2n^rj public regifter fo chofen and
"*' commilhoned, fhall within three months after he fhall enter upon hi'fice, give bond, with two good
and fuihcient fecunties, to his Excellency the Palatine, ami the Lor-PrOprietors, in the fum of one
thouland pounds, for the faithful difcharge of his office ; which bon-»all be given before the Juftices
ot the precina: whereof the party fhall be appointed regifter and rec-ed in the office of the faid court,
and alfo in the Secretary's office and the original repofited in the h« of the Governor or commander
m chief : And whoever, after the faid firft day of April, (hall otncian the faid office tonger than three
inonths without giving fuch fecurity as aforefaid, he or they fo offiine, ffiall forfeit and pay the fum
T\T"p pounds ; one half to the informer, and the other half to tpoor of the parift or precinft.
Proviso ^\'Frovtded always. That every perfon or perfons who now a in the aforefaid office within any
precindtof thisgoverment. fhall be and continue in the fame, untiph choice fliall be made and con-
hrmed, as is before by this aft direaed ; when they, and every ofem> are hereby required and com-
"^k" if l^*^i i!''^^'^ *° ^^^ P"^^'*^ Regifter of their precind fo eleftedd confirmed, all papers and records
which fhall be in their cuftody, that do, of right, belong and appein to the faid office j under the pe-
nalty of fifty pounds. -^ b vt r
Kg conveyance »T, ^' ^"'^ '" '* f"''*^^'^ '^^^'^ h '^^ authoritt afore/aid, Tliat no C(eyance or bill of Tale for lands, (other
ef fand, except JJJ^J) "^°"g?ge>) '" what manner or form foever drawn, fhall be go^nd available in law, unlefs the fame
•nonage, good, ^^^ll be acknowledged by the vendor, or proved by one or more flences, upon oath, either before the
^no"led£ed uv a^ ^°^ *^^ *^™® ''""S' °'' '" ^^® <^°'^'"'^ °^ ^^ precind whi the land lieth,. and regiftered by the ;
»MttsiLxk P". ^^ regifter of the precind where the land lieth, within twely-^onths after the date of the faid deed ;.
and that all deeds fo done and executed, fhall be valid, and pafstates in land, or right to otlier eftate,
without livery of feizin, attournment, or other ceremony in the 1 whatfoever.
Former dee^s i, i 'f .^^ always , That all deeds or conveyances of lands,-nements, or hereditaments,, goods or
declared ^od. *^'^^"^^^? which are already pafTed, and regiftered, or which ftiabe regiftered within one year after the-
Mtihcation of this ad, for which a good and valuable confideran has been adually and bonajide paid*.
Ihall be good and available in law and equity, to purchafers, a their heirs, againft the vendors, and
their heirs, and all others claiming by, from, or under them, ias full and ample manner, to all intents,-
conltruaions, and purpofes, as if fuch title had been made eitr by fine, common recovery, livery of
\n\ ^"°"'^""'^"fi or any other ways ufed and pradifed witn the kingdom of Great- Britain;
fcrSnTam'" • \ ^- ^" "^Z"''^^^'' ^«acied, by the authority afore/aid, ThajH deeds and conveyances of land lying.
proved as be-' ^''^.""^"^^s government, made in foreign parts, which fhalU remiftjed hither, and proved before the-
tore. Jj-hiet Juftice, or court of the precinft where the land lieth/ti manner as before direded } or which-
Ihall be perfonally acknowledged or proved before the chief rgiftrate of any city, town, or corporation,
within the King of Great-Britain's dominions, and an atteftaon thereof affixed thereto; or which fhall
be acknowledged or proved before the Governor or Comraa»er in Chief of any of his Majefty's planta-
tions, and attefled under the public feal, and regiftered in tV aforefaid office of the precind where the
land heth within one year after the arrival of fuch deeds ; ftilbe good and valid ia law, to all intents and
mudulefltf-- ■ P"^°j » ^®" made and executed within this government.
offmen"ts,''gifts, ,^"^ ^°^ ^'^ avoiding and abolifhing of feigned,:ovinous, and fraudulent feoffments, gifts,
&c. good only S^^^^h alienations, conveyances, bonds, fuits, judgments,and eicecutions, as well of lands and tene-
against the ments, as of goods and chattels, which of late have been, ad ftill are devifed and contrived, of malice,
u^eTam^ &c^ .""' 'vT"' orcollufion, to the end, purpofe, and intent to delay, hinder, and defraud creditors and
• ■ others of their juft and lawful aaions, debts, and accompts A is hereby further enacted, That all and eve-
'7 ^^o^'^QM, gift, grant, alienation, bargain, and conveyace of lands, tenements, hereditaments, good*
and chattels, or of any of them, by writing, or otherwife ;and all and every bond, fuit, judgment, and,
execution, at any time had or made fince the firfl day o January, Anno Dem. 1Y14, or at any time
ftereatter to be had or made, to or for any intent or purpte laft before declared and exprefTed, fliall be,
irom henceforward, deemed and taken, (only as againft tat perfon or perfons, his or their heirs, exc-
in dw t^e "^'"^ ^"•'^^^"^^t a=t»of Asaembl/ enlarging the time of r^isterlns, for deeds that had been omitted to be registered
cutors, admlniftrators, and affigr.s ant! every of thUofe a£\ions, fuit?, debts, accompts, dama2;es, 1715. 19-
penalties, and forfeitures, ftali releafe by luch cok or fr-audulent devices and praaice?, as is afore- <— '^r^
faid, or (hall or might be in any wife, diiturbed, [ed, delayed, or defrauded,) to be dearly and
utterly void, fruftrate, and of no effedi: ; any preti colour, feigned confideration, expreflmg of ule,
•or any matter or thing to the contrsiry, notwithftan ,
IX. Atulbe it further enaaed, by the authority /^r^That all and every the parties to fuch feigned, J,*^'j^*J'^^^'*
covinous, or fraudulent feoflfinents, gifts, grants, alidis, bargain, conveyance, bonds, fuits, judgments, ^J^^l'^J^ ,he
execution, or otlier things before exprefled. and bUivy and knowing of the fame, or any of them, yaiue ihereof,
which at any time after the firft day of Auguft nex ing, fhall, wittingly and willingly, put in ufe,
maintain, avow, juftify, or defend the fame, or an) lem, as true, fimple, and done, had, or made
bona fide and upon good confideration .- or fhall a or aflign any the lands, tenements, goods, or
things before mentioned, to him or them conveyed, aforefaid, or any part thereof ; ftall incur the
forfeiture of the real value of the lands and tenemerbods and chattels; one moiety thereof to the
iKjrds Proprietors, and the other moiety to the partyled, and mtended to be defrauded thereby.
X. Provided always, and be it further enacled, byUhority aforefaidy That this hOl, nor any thmg J^^ f„^"'^^;;^
herein before contained fhall not extend or be conft to impeach, defeat, or make void any convey- veyance bona
anceor aflvirance intereft, limitation of ufe, or ufesJin, to, or out of any lands or tenements hereto- fide made.
fore at any time had or mad^, or hereafter to be boni made, upon and for good confiderations, to
anypeffonorperfonswhatfoever; any thing before rioned to the contrary, notwithftandmg. , ^ f r
XI. And for the prevention offrauds by double niges and conveyances of lands, negroes, goods ^'^^^^Ji;^^! ^♦^^^^^^^
and chattels ; Be it further enacted by the authority afd. That every mortgage of lands, tenements, b, deemed the
goods or chattels, which fhall be firft regiftered in thker's office of the precina where the land h- first.
eth, orofgoods and chattels where the mortgager Ii{ fhall be taken, deemed, judged, allowed of,
and held to be the firft mortgage, and to be good, flfubftantial and lawful, in all courts of Juftice
within this government'; any former or other mortgif the fame lands, goods or chattels, not before p.oviso.
regiftered, notwithftanding ; unlefs fuch prior mortgai regiftered within fiity days after the date.
XII. Provided al-wav, and be it further enacted, by tlthority aforefaid, That in cafe more than one Mortgageeb'
mortgage fhall happen to be made and be in force at onWie, of the fame lands and tenements, goods P°^^»- '» '■e-
- - - - ■•- - ered their mortgages, their heirs, executors,
lortgage or mortgages regiftered, upon paying Certain mort-
_Ttgagee or mortgagees, their heirs, executors, ^S.nne'^*
ntended fraud or covin, every perfon or per- q„,ty.
and chattels, the feveral mortgagees which have not
adminiftrators, cr affigns, fhall have power to redeem
the principal debt, intereft, and coftsof fuit, to the prL
adminiftrators, or afTigns : And as a punifhment for f i _ . .
fons which ftiall mortgage the fame lands, tenements, fls or chattels, a fecond time, a former mort-
gage being in force and not difcharged, ftiall have no po4r liberty of redemption in equity or otherwife. No bar to dow-
XIII. Provided alfo, That nothing in this aft contaii fhall be conftrued, deemed, or extended, to er. &c.^ ^^^
bar any widow of any mortgager of fuch lands or tenemfe, from herright of dower to the faid land, ' '
who did not legally join with her hufband in fuch raort^. or otherwife bar or exclude herfelf from
fuch her dower or right. ,
XI /. And be it further enaSied, by the authority afirefakh^t every prior purchafer, or mortgagee, of Prior purchaser
any lands or tenements, goods or chattels, which fliall L before the firft day of January, 1716, re- o^ ;^°[^'S*^s^^
gifter his title or mortgage as aforefaid; if after that titt fecond deed of fale, conveyance, or mort- j.^^^ ut Jan,
gage, be regiftered before the prior, fuch perfon fo negjing fhall take no advantage or benefit of fuch 17I6, &c.
purchafe or mortgage alteady figned and fealed
XV. And be it further enacted, by the authority aforefal
when there is no clerk of the church in that precinft,
within the precina whereof he is regifter ; and that ev^
hat the regifter aforefaid of every precinft, Register of
. regifter all births, marriages, and burials, '^^^J'^^
matter or miftrefs of a family who ftiall ne-
gfs and burials.
glea to regifter the birth or death of any perfon born or Ig within his or her houfe or plantation ; and
every married man who ftiall neglea to remit to the i regifter a certificate of his marriage, and p^^^j^^^
caufe the fame to be regiftered, for longer than one montl each mafter or miftrefs, or married man, lo
negleaing,. fliall forfeit and pay, to the faid regifter, one^iUing per month for every month fo neglett-
ed ; provided the whole do not exceed twenty fhillings. • , • rv
XVI. Andbe it further enacted, by the authority aforesaikbzt 2l\1 penalties and forfeitures m this aft Penalties how
._.-_-j n. n I-' ^^ .,,.<. .• . •'• •<- . ^ .--.._* ^fv-,^^.-^ in frhU Government : «o be recover.
mentioned, fhall be recovered, by bill, plaint, or informati
wherein no injunaion, proteaion, or wager of law,fhall
in any court of record in this Government ; ^o^'
allowed or admitted of.
^p^^svi^ifr
20 J715^ Repealed, 1, 1741. IT^ cHAP. 39. ^« ^a coftg -weights and meafure,..
CKAP. 40.
CHAP. 41.
Staple comes rated. OBS.
■An act to a/certain the time for payff porky wheat attd Indian corn. pes.
Provided for I, 1 784 26 ^" ^° "f"'^"^" *he gauge of barrels , 'o prevent frauds in pprk, hee}^ pitch and tar,
R^^U^ts. "^^ ^'^ *" ""^"^"^^^^f^^rking ofhorfes, cattle, and and to prevent injuries being done by killings mi/marking,
driving away, Graying people's Jtocks.
CHAP. 44.
1729, 5, 1766
14.
Vol. S, 77.
Toll books
kept.
All cattle, See,
to be entered,
Entering fees.
No person to
drive stock on
other people's
land.
No person to
bring stock to
winter.
Who deen-.pd
inhabitants.
Rangers, &c.
to make dis-
tresi.
M a5ito appoint Toll-Books to be kept at or near On^s Creek, in Chowan precinB, at the head of Pequimons
precinct, and at the mouth of the North-weft Rin Currituck precina, and to prevent per fom from trans-
Wporttngordnvmghorfes,cattle,orhogs,tootherns^ land^^
^ r I '^®*'^ perfons, inhabitailts Cginia, frequently coming into tJus government to pur-
^ fA ^^ °^ ^OgSj it may be greatly d they may drive away cattle or hogs which they have
not purchaled ; and whereas divers perfons, as inhabitants of this government a? of Virginia, do very
otten drive, lead, or carry horfes, cattle, or hoe other perfons' lands, where they fuppofe is better her-
cage or malt than on that whereon they are d\fs : For prevention whereof ;
• fr^ enaaed by his Excellency ihe Palatine, be reft of the true and abfolute Lords Proprietors of the pro-
^"tT .f / ™'*^'/>' '^«<' tviththe advice andconje. the rejl of the members of the General AJfembly^now met
TfTr^^ ftf**/! u *^^ ^orth-eall part ofthefaimnce, and it is hereby enaaed by the authority ofthefame^
f rl M*^^ 1 A ^-^ Catherine's Creek, in Cho\precina, at the head of i'equimons river, and at the mouth
oi the JNorth-weft river, in Currituek precina,rons appointed by tlie Governor or Commander in Chief
■ h (\!^ul^' '° keep lolLBooks ; and alfons, whether drivers, purchafers or owners of cattle or
nogs, ihall be obliged to enter in the Toll-Bookry beaft or hog, with their mark and diftindion, and of
Whom purchaled : and that what perfon ioeveall drive cattle or hogs to Virginia, and fhall negled to
K^i,*Il^nT^/" *^^ '^^fpeftive ToII.Books,Drding to this aa,ftiall forfeit every fuch beaft or hog
wnich ihall be fo omitted as aforefaid ; and ifh beaft or hog be not to be had, the perfon fo omitting
Peace ^^^ ^^^ ^""^ ^^ ^^^.^ ftiillings be recpyered by a warrant from the next Juftice of the
III. And be it further enaBed, That every puafer, owner, or driver of cattle and hogs, Ihall pay, unto
me perlon fo appointed to keep the faid toll-bctwo pence for every beaft, and one penny for every hop,
IV ^ i / ^° ^"'''" "'^'^ ""^'^'■^^ '" ^he fai,U-book, • ^ ^ •' ' ^'
. , Y: .". ''^^^prther enacted by thg auihorilyrefaid. That if any perfon or perfons whatfoever, either
miiabiting m Virginia or this goyernment, jSialter the ratification of this aft, prefume to drive, lead,
tranlport, or carry any cattle, horfes, or hogs, range upon any perfons' lands, fliall forfeit and pay the'
um ot ten pounds : and that no perfon or p(ns whatfoev.er, inhabiting in this government, fhall give
leave to any other perfon or perfons, either inSf^nt or foreigner, to turi^ loofe, drive, or put on his'land,
any horfes, cattle, or hogs, under the like pen; of ten pouud6, , , -. .
V. yf«rf be tt further enaaed by the authority .efaid. That no foreigner whatfoever, either by confent or
pormiliion of any other perfon or perfons in)iting in this government, or otlvrwifc, fliall prefyme or
otter to drive, lead, or bring into this governnt, any ftocks of cattle, hogs, or horfes, with intention to
winter them here, or to deftroy the herbage oiaft ; under the penalty of twenty pounds : and it is here-
tl r?^ u 1 *"*^"'*^''» ^"'^ ^o ^all be underCd and taken, that no perfon fliall be deemed an inhabitant
that holds lands by entry, furvey, or patent, 1 fuch as adually and conftantly refide on i\}£h. lands, or
"^^^"y^'"^ always tenanted, cultivated andiproved. ' ' ' ' '"
f Ti ff "^ /u ^^ ■f"*'^^'^'^ enacted by the authoritforefaid, Th,at the ranger of each precipft or di^ifion where
luch ottence fhall be committed, or on his deflt, the keeper of the toll- Book, is hereby appointed to make
diltrels °*f"ch cattle, hogs, or horfes, of anysrfon or perfons offending ; the one half of which fine or
lorteiture Ihall be to the ranger, or keeper of e toll-book, whichfoever fhall make the diftrefs, and theo,
uier ftalt to the Churchwardens and Veflry.or the ufe of the parilh where the offence fliaU be coajj
VII. And he H further enacted by the authority afore/aid; That all fines and forfeitures in this ££l mentioned, 1715. 21
atid.not herein and herefey exprefsly and particularly mentioned to whom they fliall be paid, and how to be ^.*'»^r•^
recovered, {hall )3e, one half to the Churchwardens and Veftry, for the ufe of the parifh where the offence P^i^ities ho^^'
(hall be committed, and the other half to him or them that (hall fue for the fame, in any court of record in recovned ^ *'"^
this government, by bill, plaint, or information ; wherein no eflbin, protection, wager of law, or injunction,
(hall be allowed or admitted of.
What fence s are fujicient. chap. 45.
Provided for 2, 1777, 22,
Afi act concerning Jetyants andjlaves. chap. ^bS.
Rep. 1741, 24.
Private buriah prohibited. "CHAP ^T*
1. T) E it emSied by his Excellency the Palatine and the rejl of the true and ahjolute Lords Proprietors of Car o-
fj lipa^ by and with the advice and confent ofthif prefmt General AJfembly^ now tpet at Little River, for the p^r"^ ^^
J^orth Ea/l part of the f aid province , and by the authority of the fame it is hereby enaSlfdy That every planter,
owner, attorney, or overfeer of every fettled plantation in this government, or that hereafter (hall be fettled,
fliall fet apart a burial place, and fence the fame, for the interring all fuch chriftian perfons, whether bond
or free, that fhall tdie on their plantation; and that before the interring, there fhall be called at leaft three _
or four of the neighbours to view the .corps: and if it appears to them that the perfon came to his or her violence '^'co.°
death by any violence or unlawful means, notice thereof fhall be given forthwith to the coroner of the pre- roner ca'iled.
cinft, fo that proceedings may be had thereon according to law : and in cafe any of the perfons fo called
ifhall refufe to come and view, he or fhe fo refufing, fhall forfeit and pay the fum of five Ihilllngs ; to be ^n'^^o^o^^''*
levied by a warrant from the next Juftice of the Peace, gnd paid to the Churchwardens, for the ufe of the and view.
poor of the faid parifh.
, II. And he it further enacted by the authority aforefaidy That if any perfon fo dying fhall be buried Contrary Penalty.
to the true intent and meaning of this aft, the perfon or perfons occafioning the fame, fhall forfeit and pay
the fum of ten pounds ; one third to the informer, one third to the Lords Proprietors, and the other third
to the poor, tp be recovered, by bill, plaint, or information, in the General Court of this government;
wherein no efloin, prote£lion, or %vager of law, fhall he allowed : unlefs fuch perfons, in their lifetime,
iignified their defire of being interred elfewhere ; or unlefs the perfon concerned in fuch burial can make
it appear, that fo many of the neighbourhood refuled to come, on notice given them, to appear and view
thp corps, or that he could not, without great trayel arid expence, or damage to the corps, keep it any
Jpnger.
\^ 48 concerning proving willsy and granting letters ofadminiflration ; end to prevent frauds in the management ckap. 48.
of inte/lates' eflates.
'I, T5^ ^ enaSedhy his Excellency the Palatine ^ and the reft of the true and ahfolute Lords Proprietors of the ^723, 10.
JL/ province of Carolina, by and nvith the advice and ccnfent of the reft of the members of the General j/ijftmbiy,^ 'i.^^ ^;, ^,
now met a: Little Rivtrfor the North-eafl part of the faid province, and it is hereby enaBedby the authority of the 2, jr84, To.~ '
fame. That all wills and adminiflrations heretofore proved and granted by the Council, General court, Pre- 1789, 23.
■cindl cdurt, or by any powers or commifTions heretofore granted by any Governor, Deputy-Governor, Pre- ^''^- 2» ^''^ ^"^^^
fident and Council, to any particular perfon or perfons, fhall be deemed, adjudged and taken to be good and
efFedual, to all intents and purpofes whatfoever, as if proved before, or granted by, any drdinary or dther t^e*" valid' ted
Ecclefiaflical Judge or perfon. \ii. ^ - ' '
' II, and III. Relating to the power of granting prohatt and administration, repealed, 1Y89, 23.
IV. ^nd be it further enaEied by the authority aforefaid, That no perfon do prefume to enter upon the ad- '^^'* ^^'^'<^ I
miniftration of any deceafed perfon's eftate, until they have obtained fuch cpmmifTion of adminiftration, *^'i„fZcely tie
or letters teftamentary, figned by the Governor, under the penalty of fifty pounds ; one half to the infor- repeal of the
rner, and tlie other half to the Governor or Commander in Chief for the time being: to be recovered, hy precedwg ones.
bill, plaint, or information, in the General Court of this province ; wherein no efToin, proteftion, or wa» { preset it
ger of law, Ihall be allowed or admitted of. reiPj:Z)f
cpinicn of 9ther laiavers, particularly tie compiler of the Manual, ^/jg retained it,
VOL. I. G .
V. And be it further enictid by the anthority afore faidy That the Sectetafy or his Deputy, fl)i!I not af
the colony feal, or fubfiga any letters tefiamentary,' -vithout taking the executor's oath, for performing thi
will of the (leceafed ; unlefs certificate is raacle by i iui^ice of the Peace, that the fame oatli is rakcn
fore him j or letters of adminiftration, without the adtniaiftrator has taken the oath of an adrainlitrator,
and has alfo given fufficient bonds, with two or more able fureties, taken either before the Secretary, or thi
become the (htty ]^{Wcqs of the precin£l court, and returned into the Secretary's Office, (refpecS being' had to the value.^
thecLn'7 ^^ '^^ eftate,) in the name of the Governor or Commander m Chief for the time being, with the conditio
court. on in form and manner following, mutatis mutandis, viz: , '1
Condition of 'TT'HE condition of this obligation is fuch, that if ihe above bounden A. B. adminiftrator of all and fin-»
tiie boml. J|_ gular tlie goods and chattels, rights and credits, of C. D, deceafed, do make, or caufe to be made,.a«i
true and perfect hiventory of all and fingular the goods and chattels, rights and credits of the faid deceafed^ ,
' which have, or fhall come to the hands, poffeflion or knowledge of him the faid A. B. or into tl^e hands
and pofieffion of any other perfon or perfons for him, and the fame fo rtiade, do exhibit, or caufe to be ex-
hibited, in the Secretary's oifice, and one attefted copy thereof to' the precind: court, where orders
for adminiftr.ition pafled, within ninety days after the date of thefe prefents ; and the fame goods, chat-
tels, and credits, and all other the goods, chatteh and credits of the faid deceafed, at the time of his death,
or which at any time after Ihall come to the hands or pofleffion of the faid A. B. or into the hands or pol-
feffion of any other perfon or perfons for him, do well and truly adminifter according tolaw ; and further,
do make, or caufe to be made, a true and juft account of his faid adminiftration, within one year after the
date of thefe prefents, and all the reft and refidue of the faid goods, chattels, and credits, which fhall b»
found remaining upon the faid adminiftrator's account, tlie fame being firft examined and allowed of b/
the Governor and council, general court, or precindt court, (hall deliver and pay unto fuch perfon or per-
fons, refpectively, as the fame iliali be due unto, purfaant to the true intent and meaning of this a6t ;
and if it Ihall appear that any lad will and teftament was made by the deceafed, and, by the executor cr
executors therein named, do exhibit the fame into court, making requeft to have it allowed and approve 1
accordingly, if the faid A. B. above bound being thereunto required, do render and deliver the faid letters
of adminiliration, (approbation of fuch teftament being firft had and made,) in the faid court } then thi$'
obligation to be void, and of none efFeft : or elfe to remahi in full force and virtue.
Bond to ue as- Which bonds are hereby enacted and declared to be good, to all intents and purpofes, and pleadable ift^
signed to the j,.jy courts of juftice ; and fhall be transferred or afligned, by the Governor or Commander in Chief for
par y injute . ^^ ^j^^ being, to any perfon or perfons injured, who flaall and may maintain an adtion thereon.
VI. Repealed, J 766, 3.
VII. Repealed^ 1789, 23.
Administration VKI. And be it further enacted by the authority aforejaid, That where any perfon fhall die inteftate, adminU'
to whom grant- ftration fhall be granted to the next of kin to the deceafed, provided fuch perfon make claim for the fame,'
in the Secretary's office, or precin£l court, before the next General Court following the death of the in-
teftate, before which timte adminiftration fhall not be granted to any perfon ; and foif want of fuch, to
the greateft creditor, proving his debt, upon oat4i, before the Governor or Commander in Chief for the
time being, the general, or precindt court. The rest obfolete^
Cre'litorsto IX. And be it further enaSied by the authority aforefaid, That creditors of any perfon deceaifed, fhall
cT^'^'in 7 "ear ^^^^ *^^'"^ ^^^^^ within feven years after the deatli of fuch debtor i otherwife fuch creditor fhall be for-
ciLiebarredl!"'^^^'^ b^"^^'^' The rest repealed^ 1, 1184!, 2X
CHAP. 49. jin aB concerning orphant.
Provided for 1762, 5, amended 1, 1784, 29. I believe yadge h-edeil m^ant 1789, 39.
fHAp. 50. An a£i to encourage the deflroying of vermin, exp*
CHAP. 51. Ati Oil to afcei-tain ivbat perfons are tithabUs, and to direB the method to be obferved iti taking the Ms of them.
CHAP. 53. jn a& concerning ordinary. keepers and tippling-houfes.
Kep 1, 1741, 20. <j ^ r II o I
CHAP. 51, jiTf^ fi£i afartaining ike currency oj dollars, osst
tHAP. 55- An c&a/ctrtdihing the damage upon protejied bills of ixckang:. Rep. I, 1741, 16. 1715. 23
PubLc UtUrs how to he conveyed. OBS. CHAP. 5S.
An ad to pTivent taking boats, canoes, end pcltiaguas, from landings, without leave. chap. 57.
*^^P- 1,1741,13.
An aEl to af Certain officers' Jus. chap. 58.
Re[) 1,1748,2.
An aSifor r^rai/ting tke hidians from mokfling or injuring the inhabitants of this government f and for fecnring chap. 5%
td the \ad\2ins the right and property of their own lands. 1729 2
WHEREAS before the late war, daily and grievoas complaints of rhe depredations and infults of 2, 1748* 5.
the Indians were exhibited againft them, by divers perfons bordering upon, and lefiding near to 1. 1778. 16.
the habitations of the faid Indians : For the prevention of the like diforders for the time ta come, and for f ^so^'ls^ss
the cultivating a better underltanding with the faid Indians, the want of which l»3S.been fo injurious to 1733! 21!
the' government ; Voi-^, 122,124.
II. Be itenatledy by his Excellency the Palatihey and the reji of the true and abfolute Lords Proprietors of the Indians killinj
province ofCardinay by and with the advice and confentofthe refl of the members of the General AJfembly, now ^"^^^ f '^"_'^»
met at Little River, jor the North Eajjpart of the faid province, and it is hereby enacted, by the authority ofthefamef nished.
That whoever fhall difcover or find any Indian or Indians killing, hunting, or in purfuit of any horfes,
cattle, or hogs, the right and property whereof is in any white man, inhabiting within this government,
every fuch perfon or perfons, "on difcovery or ftght thereof, may, and he is hereby empowered, to ap-
prehend and feize every fuch Indian or Indians, and him or them fo apprehended and taken, to convey
before fome one of the commiflioners to be appointed for Indian affairs, and for want of fuch, before the
next magiftrate ; which faid commiffioner of magiftrate, together with the ruler or head man of the town
to which fuch Indian delinquent may belong, is and are hereby impowered to punilh every fuch delinquent Appeal,
in fuch manner as. the nature of the offence may require, and to award reftitution to the party injured for
all damages by him fuftained > faving always the right of appeal to the Governor and council, if either
party fhall think themfelves aggrieved or wronged thereby.
III. And be it further enabled by the authority aforefaidj ITiaf if any difference fhall, for the future Differences bs-
arife between any white man and Indian, concerning trade or otherwife howfoever, every fuch differ- ^^^een whue
ence (hall be heard, tried, and determined by fuch commiflioners as the Governor or Commander in gjjs.
Chief for the time being fhall appoint, together with the ruler or head man of tlie town to which the In-
dian belongs ; faving only the right of appealj as is herein before faved and excep'ted.
IV." And whereas there is great reafon to believe, that difputes concerning land has already been of None to buy
fatal confequence to the peace and welfare of this colony ; Be it further enacted, by the authority aforefaidy ^^^^Ifl}^^'^^'
That no white man flialljj for any confideration whatfoever, purchafe or buy any tra£i or parcel of land, consent of Ga-
claimed or adlually in poffeflion of any Indian, without fpecial liberty for fo doing from the Governor vemorand
and Council firll had and obtained, under the penalty of twenty pounds for every hundred acres of land ^'^""<='^'
fo bargained for and purchafed ; one half to the informer, and other half to him or them that fhall fue
for the fame : To be recovered by bill, plaint, or information, in any court of record within this govern-
ment; wherein no effoin^ protection, injunftion, or wager of law, fhall be allowed or admitted of.
V. And be it further enaBed by the authority aforefaidy T!h2it whsX^SQX \vh\tQ mzxx ihi\\ defraud or take White raen not
from any of the Indians his goods, or fhall beat, abufe, or injure his perfon, each and every perfon fo '" '"o'est Indi-
offending, fhall make full fatisfadlion to the party injured, and fhall fuffer fuch other punifhment as he *"^'
fhould or ought to have done, had the offence been committed to an Englifhman.
Public triafurers to give account. chap. 60.
Provided for By subsequent a<51s.
■An aajor a ioturi on Roanoke tfland, for tke encouragement of trade from foreign parts'. chap. &l.
Rep. 1723, 12.
An aclfor raifng corn, to fatisfy the debt due from this government, to tke Honourable Charles Cra- chap. 62.
ven, Efq ; Governor of South-Carolina \ and for the fubfifltnce of fuch forces asfJiall be rafcdjor the
ziecfjfary dtfcnce of the frontiers df this iovcrnriicnt. obs.
24 1715. CHAP. 69. An a& Jot raijing the fum of two thoufand pounds, annually, till ike public d^kts of^
- '- ' anfuertd and paid, Jor the better encouraging the currency of the public bills of credit, obs.
CHAP. 66, 4n a&Jor the confirmation of the laws pafjed thtsfejfion ofaffemhly, andfor repealing all former laws.
not herein particularly excepted. OBs.
r • . -
THE TITLES OF THE PRIVATE ACTS;
52 An ȣt for appointing a town in the ooun^ of BatH, and to make fiwther provision for Ann, the daugh'er of
for securing the public library belonging to St. Thomas' said Thomas Peterson, to whom the said lands -do de-
Parish, in Pamtico. scend.
64 An act impowering Johanna Peterson, \vidow of Thomas Pe- 65 An aft confirming the titles of sundry persons who have, or
terson, late of Alben^arle county, Esq. to make sale of hereafter may, purchase lands of Col, Thomas Gary, iit
G«rUin lands, iate belonging to Thomas Peterson, and Bath county.' ™
Signed by CHARLES EDEN, Esq. Governor.
N. Chevin, W. Reed,
Chr. Gale, Tobias Wright*
Francis Forster,
Lords Proprietors Deputies^
Edward Moseley, Speaker^
1720.
At a General Biennial ASSEMBLY^ held at the Court-House in Chowan Pre- ^^^^,^,^
cin6l, the Second Day of August, One Thousand Seven hundred and Twen- Governor.
ty, and continued, by several Adjournments, to the Twentieth Day of the
$ame Month,
finaBJorleJfening the poll and land taxt mdjor preventing of concealmtnts. JIEp; chap, l;
An additional act, to the act, intituled, "An aft for eftablifMng the church, and appointing fele£l chap. 2.
• ■■- .veftries.'^ Rep- 1. 1"*'.
23.
An act in addition to the act, for making a town at Queen Anne's creeiJ'a) chap. 3.
• ' Rep. 174-0.1;
An additional act to an act, intituled " an aft concerning ordinary-keepers and tipplirg-houfes." chap. 4.
•"'•■' ^ Rep. 1, 1741,
20.
4n act in explanation oj the act, cpncerningjervants and slaves. chap. 5.
Rep. 1, 1741,
THE TITLES OF THE PRIVATE ACTS. 2*.
£ An &ia to confirm a decree made in the court of chanceiy of this province, upon a bill of complaint exhibited by William
^ ■" . . ^ Duckenfield, Esq.
Signed by CHARLES EDEN, Esq, Governor.
Thomas Pollock, W. Reed,
Francis Forster, John Lovick,
Lords Proprietors Deputies.
William Swann, Speaker.
(a) I have mentioned the repeal of this aft by the a<5t of August, ,1740, Chap. 1, on the authority of Mr. Mosely's and
Mr. Swann's edition, though the latter a<3 only expressly repeals an aft of March, 1738, Chap. 8. But as the title of the above
-aft alone is given, I cannot iorm a judgment as to an implied repeal, even if it was material to do so, which it is not^ as the act is a
private one. ' The original Act, " For making % town at Qneen Anne's creek," I cannot any where find, nor is the title of it in-
serte^l in any edition I have seen, '
y<^L. I. )«
26 112^.
Rf.eo. Esq.
Piesident.
At a General Biennial Assembly, held at Edenton, in Chowaft Precln6l, ther
Second day of October, One Thousand Seven Hundred and Twenty-two,
and continued, by several Adjournments, to the Nineteenth Day of the
same Month.
CHAP. 1;
CHAP. 2.
CHAP. 3.
Ante p. 20.
Toll-offices
where kept.
Toll-keepers
feesi
gtn act/or a road/rcm Core-Point, en Pampiico, to Nfiotern, en Ncufi R^vtt. ObS/
An aSlfor making the fum of twelve thcufand pounds y public bills of credit ^ fot exchanging fitch of the public
bills of credit as are noiu current ^ thereby to render them the mortujeful to the gowrnntent and for regulating-
the taxes. OBS.
An additional aB to an oBy entituled, " An aft appointing Toll-Baoks."
WHEREAS an aft, intituled, " An act for appointing toll-hooh to be kept in this governineni" h^s btf^'
pafled ; and the faid aft has been rendered ufelefs by reafon of the places appointed by it foi'
toll-books to be kept being inconveaient, and the fees allowed to luch perfoiis as are' appointed to keep
them fo fmall, that no perfori will take the trouble of the faid office On himfelf : wherefore it is prayed,*
that an aft may be made for the continuance of the faid aft, and that there be fixed places appointed for
the toU-^keepers in the feveral piecinfts, and that the faid toll-keepers fees be raifed : , I
II. Be it therefore enaBed by his Excellency the Palatine andthe rejl of the true and abfolute Lords Proprietors of ]
Carolina, by and with the advice and confent of this prefent General Ajjembly, now met at Edentcn, on ^leen Jn"
ne's Creek, in Chowan precinB, for the north'CaJi part of the faid province , and it is hereby enaBed by the au'"
thority of the fame. That the toll-office for the precinft of Chowan, be kept at the head of Catherine's
creek, near Mr. Thomas JSpeight's, at the head of Pequimons, and at Maycock creek, in Currituck
precinft ; for Bertie precinft, at Boon's ferry, and fuch other places as the precinft court {hall appoint :
And that every toll-keeper fhall be allowed the fum of four pence for each hog, and fix pence a head for
all cattle, carried or tranfported out of this government, by all perfons carrying or tranfpor ting the fame,
under the like penalty as in the faid aft is mentioned ; and the faid toll-keepers are to obferve all articles-
and claufes in dxe faid aft mentioned, under the like p^ins,. fines, and penalties therein expreffed. .
An aB appointing that part of Albemarle county y lying on the wefl fiie of Chowan river, to be a precinByb^*
the name of Bertie precinB. (a )
HEREAS that part of Albemarle county lying on the Weft fide of Chowan river, being part of
CHAP. S.
Rej). by the
King's procla- "\"TIT . - _
nation, but re- ^ V Chowan precinft, is now inhabited almofl: to the utmoft of the faid county wellward, and by
enafled, 175G, jeafon of the remote fituation thereof, the inhabitants, which are growing very numerous, cannot, with-
out too great inconveniency, be continued any longer as part of Chowan precinft : wherefore,
II. Be it enaBed by his Excellency the Palatine, and the refl of the true and abfolute Lords Proprietors ofthepro^
vince of Carolina, by and with the advice and confetf of the refi of the members of the General Affembly. now met
at Edtnton, at ^teen Anne's Creek, in Chowan precinB, for the North-taji part of the faid province, and it is
hreby enaBed by we authority of the fame. That that part of Albemarle county lying on the weft fide of
Chowan river, being part of Chowan precinft, bounded to the Northward by the line dividing this go-
vernment from Virginia, and to the Southward by Albemarle found, and Morattuck river, as far up as
Welch's creek, and then including both fides of the faid river, and the branches thereof, as far as the
liiaits of this government, , be, and the fame is hereby declared to be erefted into a precinft, bjrthe
name of Bertie precinft, ini Albemarle county ,- with all and every the rights and privileges, and other
(a) For the various subdivisions of the precinfls or counties, (the latter being the name given to the former by aA sixth of
Msrcii, ch 3. ^21) see the Index, where I thought the rcfaence lo iLem w:uld te tnirc ccaveiuent than by marginal notes,
benefits and advantages whatfcver. as any other of the four ptecina. in Albemari. county can .or pay 15^ 2l
have, ufe, or enjoy. The reji ocJAete.
An aa concerning fees and officers. chap. 6.
Kep. 1, l.'4o,2i
^ fl<3 for fettling the precinB cSurts, and court-houfes. , ^ , ««^'- ^'
WiiElJEAS through the great taxes and charges this government hath laboured under, by means
of the late InTan warfthere has been no care taken by precedvng Affembhes, to fett e the fe-
Veral prect« to any hxed or certain P^-. ^^^ ^^^^^^^^^^^
for the future; p^/w;„, „„d the relt of the true and ahfolute Lords Proprietors of the ]^^^^^^y'\V^^'
TT iRpH fnaBedbv his EiccelleHcvthe Falatme, ana tiieren ojToe trup anuuvj r ^n i jm,^ cnasehndto
11. X(^ If f «a^r^a oy pu m. y ^jmif rj o/ this prefent General Affem- ^-.^ ^„^^^.
by each and every perfon refpeaively. in the fame manner and form as they do their public levy, and un
■ der tlte fame fines and forfeitures. > . , mi. . -r ,r^« a^ ^orfnnQ OiqU rpftife to fell ^^""^""^ "*^"'
IV And he it further enaBed by the authority aforefaidy That if any perfon or perlons ihall retule to lell ^^ „,,ii,^„d,
hereby required, on oath, to appraife the fa d land - And In caie me owne conveyance shall take. &
rartwentytur^^^^^^^^^ wide,) within fix months after the ratification of this aa •, th^t sons.
hen Id in S cafe, the Governor or Commander in Chief for the time being, fhall, and he is hereby
miVered and direa^^ to nominate and appoint fuch perfon or perfons m each and every precina fo
nTeSor refufing which perfons fo appointed, fliall have the fame power and authority to lay he
y^ftfxrpur^^^^^^^^ land, and build the faid court-houfes, as the faid Juftices might or ought to have
'^V?' tdtit further en^Bedly the authority aforefaid.^^.t the lands hereaf.r -n^io-d^^^^^^^^ ^"^
veralJuftices or the major part of them, in each refpeaive precina, purchafed, to and for the building ,„„,,.h,u,es
and ereaing the feveral court-houfes on : that ts to fay: °"-
For the precina of Chowan, at Edenton. ■vTorrr>„rQ
For the nrecina of Pequimons, at Jonathan Felp's Point, at the mouth of the Narrows.
Forrheprecrnaof?u^rituck,'onthe!andof Mn^ Peyner, next to the land of Mr. WiUiam
Parker; orat Mr. Parker's, as the J uitices fliall appoint.
28 1722. For the predn£l:s of Beaivfort and Hyde, at Bath-Town.'
s^i-v^O For the precinft of Craven, at Newbern.
For the precinft of Carteret, at Beaufort Town.
For the precin£t of Bertie, now by this Aflembly laid out, at fome convenient place at Abotflcey, wher$
the Juflices ftiall appoint.
For the precin£t of Pafquotank, at fuch place as the Juftices (hall appoint.
All business In And whereas many inconveniences hath happened in this government, by reafon of the failing of the
any court not courts, which too frequently have been occafioned by failure of a fufficient number of Juftices to meet :
of' wUceTcon- ^^^ prevention of which for the future } Be it enaSledby the authority aforefaid, That all actions of bufmefs
tinned, 2, irr^i whatfoever now depending, or hereafter to be depending, in the General Court, or any precindl court
2, in this government, fliall not be difcontinued by reafon«or failure of a fufficient number of Juftices
meeting at the days appointed ; but that all fuch adlions or bufmefs fhall ftand continued till the next
court : Any law, cuftom, or ufage to the contrary, notwithftanding.
THE TITLES OF THE PJIIVATE ACTS,
t ■ ' ' ' ' ■ ■ ' " ■
4 An afl for enlarging and encouragement of the Town called wan that lies on the South shore, and Alligator, to be a
Edenton, in Chowan Precinfl. » distinA parish, by the name of the south parish of Cho»
f An aa appointing that part of the South-west Parish ef Cho- wan ; and for appointing vestrymen for the said parish.
Signed by WILLIAM REED, Esq. Prefident.
Chr. Gale, Richard Sanderson.
John Lovick, Thomas Lovick.
Lords Proprietors Deputies ^
Edward j^IosELEt, Spepier^
1723. 29
At a General Biennial ASSEMBLY, held at Edenton, in Chowan Precina, llT^t,^^,
the Twenty-third day of November, One Thousand Seven Hundred and '^''^«"»""
Twenty-three.
An aS to provide indifferent jurymen in aUcaufety civil and criminal. CHAP. 1.
' . Rep. 1, 1748,8.
Ah aB entitled <* An additional aift to the a£V, relating to biennial and other aflemblie^, and regulating elec- chap. 2.
tions ; and diyejrs other things rjelajring tp towns." rep.
^n aSlfir appropriating part of the imptji duty on vejjels, or potvder money y to beacon out the channels from Roa- cHAP. 3.
ftoke and Occacock'InletSt and feveral other things y to facilitate the trade apd navigation of this govern^
ment, Eif p.
An aS for fettling the titles apd iomids of lands, ' chap. 4,
J. TJ E 'f enaffed by his Excellency the Palatine, and the irefl of the true and ahfolute Lords Proprietors of Carolina, 3^29, 6.
fj by and with the advice and confent of this prejent General Affemhlyy now met at Edenton, for the North- Land's pracessi-
Eq/l part of the faid Province, and it is hereby enȣled by the authority of the fame. That the lands belonging oned, and
to every perfon in this government ftiall be proceflioned, and the marks lenewed once in every three marks rene^ved
years. The refi of this, and the three following feElions repealed. Vol. ,2, 27. ^^ ' ^ ' c
V. And forafmuch as no provifion has been made in this aft, to compel fuch perfon who, out of an ^"^°^^^^^^vg '
obftinate temper, ftiall refcf? to hay^ their lands procejOTioned, to the damage .of the owners of adjacent ,j^gj^ l^n(j5 p^o.
lands ; Be itenaEled, That then, and in fuch cafe, all and every perfon or perfons fo refufing to have their cessioned, court
lands proceflioned, purfuant to the direftions in this aft ^ven them, the two freeholders proceflioners as toordmhe^ur-
afcrefaid, (hall caufe fuch retufal to be certified, in writing, to the next fucceeding precinft court ; which .^^^ j^ ^^^^ ^^
court is hereby impowered and required to command the Surveyor-,General, or his Deputy, attended with the charge of
four reputable freeholders, who ihall be nominated and appointed by the faid court for that pjurpofe, and the person rc-
fworn, to lay out the bounds of the faid lands, to the beft of thjeir judgment an<^uriderflanding ; and accord- ' «•*
ing as it ftiall appear to them by deeds, writings, or other evidences, they fhall proceed to fettle the bounds
of the faid lands, at the proper cofts and charges of the perfon refufing to have the faid bounds laid out > j
and the faid Surveyor-General, or his Deputy, {hall return the purvey thereof, with the proceedings ^^^ ^^^.^^1.^^ ^j^^
thereon, to the next precinft court, there to be recovered, by the clerk of the faid court, in a book for that next court,
pyrpofe ; which bounds and furvey made in manner aforefaid, ftiall Jae taken and deemed a fufficient pro-
cj:ffioning, as if the fame had been done by the confent of the party • and if any of the faid Juftices, or Persons failing,
the Surveyor, Clerk, or freeholders, not having a lawful excufe, ftiall fail in his or their duty, as by this''fj^'«'°P^-
aft is enjoined and direfted, he or they fo failing, (hall forfeit and pay the fame penalties* as before in this, pi^g pounds.
aft is laid on the faid Juftices, Churchwardens, yeftry, and proceffioners, failing in their duty ; to be re-
covered in like manner, and to the fame ufes.
Vi. And be it further enaSiedby the authority aforefaid. That all and every perfon whofe lands fhall be precefli- Persons whose
oned to him, according to the direftions of this aft, at two feveral times, fuch perfon ftiall be deemed and l^l^^***^^^^^?!
adjudged to be the fble owner of the faid lands ; and that upon any luit commenced for any fuch lands oned, deeded
the party in poflefllon may plead the general iflue, and give this aft in evidence. sole owners.
VII. Preyi4ed always 'i)xiit the procelTioning of the lands of a tenant for life, ftiall not bar or preclude Not to bar per-
the heir in reverfioft or remainder J neither ftiall any proceflloning bar or preclude perfons under age, fg^g^j^g^f/*'
Feme Coverts, Non compos mentis, imprifoned, or out of the government : but that all fuch perfon or per- &c.
fons ftiall have free liberty to fue for and difpute the title and bounds of anv Jands within this province ;
Vol. I. I - ' '
30 1723. provided that the faid perfon or ferfons Commence fuit and profecute the fame, within the time already
<««'-rHj limited by the laws of this Government, after the removal of fuch difability.
VIII. And whereas lapfe patents are accuftomed to be granted to the firft petitioners for all fuch lands
which are not feated and planted according to the condition of provifion mentioned in the refpedlive pa-
tents, which has often proved to be the ruin of orphan' children, (whofe parents have died leaving lands
unfeated,) by negleft of Guardians and truftees in not fettling and fecuring. the feme in due time : For
prevention whereof for the future ;
Orphan's lands IX. Be it enailtd by the authority aforefaidy That whofoevei', for the future, (hall petition for the lapfing
'^P""S» of any land belonging to any orphan or orphans, fuch perfon fo petitioning, fhall, and he is hereby required
and commanded, to give, at lealt, thirty days notice of fuch petition's being lodged, to the guardian or
truftee of fuch orphan, before the next council after the petition is lodged ; and in cafe the faid
guardian or truftee, after fuch notice given, fliall refufe and neglect to appear at the faid council, and there
take out a patent for the faid land, in the name of, and to the ufe of fuch orphan or orphans, (who fhall
defuturo, have the preference in lapfing fuch lands as are hereditary to him or her^} fuch guardian or truf-
tee fhall be removed by the governor and council, or precin£l court, from his guardianfhip, and Ihall be-
fubjeft to the fuit of the orphan, and to anfwer all damages which the orphan fliaiL fuilain by reafon ot his
negledl:.
CHAP. 5. An a£i for an additional tax on all fi'^ee ttegvoeiy mulattdesy mujieesy and fuehrer fonty ritaU and femaUi at now
Rep. as to that are, or hereafter pall be, intermarried with any fuch perfonsy refident in this government,
part refetmg to taxables. 4, 1760, 2, as to the remainder, by 1, 1J41, 24.
CH A P. 6. An aEifor the bettef afceviaining naval officers' and colleSiori fees.
K( p. 1748, 2.
CHAP. 7. An additional aSi, to an aSij intituled " An a£l for qualification of public officers. oB$.
CHAP. 8. AnaSl for deflroying of squirrels, rbp,-
CHAP. 9. 4n aSlfor regulating proceedings on original dttsehmetits,/
Rep. 2, 1746, 2.
CHAP. 1 0. An additional act to an act Mtitled ' * An a£t, concerning proving Wills, and granting letters of adminiftration v
Ante. p. 21. ^^^ ^° prevent frauds in the management of inteflates' eftates.
WHEREAS it has been cttftomary for executors or adminiftrators to brin^g the eftates of deceafed'
perfons to appraifments, which appraifments have generally been much fhort of the true value
of the fame ,• to the great detriment of the creditors and kindred of the perfon deceafed : For prevention
of the like for the future ;
Deceased per- II. Be it enacled by his Excellency the Palatine, and the rrfl of the frite and dbfolate Lords Proprietors of the pro-
how oTtf"^ vince of Carolina, by andtvith the advice andconfent of the refi of the members of the General Affembly, now met at
Edenton, for the Horth-eafi part of the faid province y and it is hereby enabled, by the authority of the famtylhst
from and after the ratification of this aft, all and every executor or executrix, adminiftrator or adminif-
tratix, lliall, fometime before, or at the next precinft court after his, her, or their entering on the adrni*
niftration of any deceafed perfon's eftate, draw, or caufe to be drawn,- a juft, true, and perfeft inven*
tory of all the goods ^nd chattels of the deceafed, (fuch only e^xepted as by the afore-mentioned formet'
"i'^^e act dgre law are feferved to remain to the ufe of orphans not of age till they arrive to full age, or fuch as are by
Vitllre^vMion. ^P^*^^^^ legacies particularly bequeathed y) which inventories fhall be exhibited at the refpe£live courts of
■ the precindb in which the faid goods arc, and attefted, on oath, by the perfons exhibiting tlie fame ; and
a copy of which inventory fo exhibited and attefted, the executor or adminiftrator fiiail caufe tabe affixed
tu^rlpc^aUd^' ** ^^^ court-houfe door of the prccinft, during the court's fitting, giving notice, that on the day
YU,2,AQ, ' ^^ ~ (which lliall be fome days before the next fucceeding court) the faid goods will be expofed to
public fale, to the higheft bidder, at the place where the faid goods are referved antllkept ; and the exe-
cutors or adminiftrators (hall, on oath, render a true account of fuch fale to the next court immedKitely"
fucceeding fuch falcf, and (hall accordingly be accountable for tlie fame to fuch perfons as m the afore-
mentioned former law is provided;
> til. And in cafe the eftate o^ any perfbn deeeafed (hall be fo far indebted as that the debts cannot be 1723. 31.
difcharged by the fale of what are deemed periihable commodities ; Be it further enaSted, That then and
in fuch cafcj the fexecutor or admirilltrator fhalj, and they are hereby impowered and required, to eJtpofe testate to be
to fale, in like manner as aforelaid, by the dirediions of the precin£l court, fuch part of, and fo many of the *°''*' if reciiu.
unperifliable goods, direded by the before- mentioned &£k to be kept and ireferved in kind, as will pay and j^o/. 2 6i
fatisfy all fuch debts and demands. " '
JV. And whereas fonie doubts have arifen concerning the manner of recovery of legacies, filial portions, Legacies, &q.
and other parts of duceafed perfons' eftates ; Be it further enacted, That it (hall and may be lawful to re- how recov.erei
Cover the fame by petition, according to the refpedtive fums fued for, in the general or precind courts >of 2^^777 2
this province, as well a« in any exclefiaftical or other court whatfoever. 1782, li. '
An aSi t9 reflrain the keeping too ^r eat a number of horfes and mares, and for amending the breed. CHAV. 11.'
I. W\ E it enacted by his Excellency the Palatine and the rejl of the true and ahfolute Lords Proprietors of the fro- '"^8, 9.
J^vince of Carolina, by and v ith the advice and confent of the reji of the members of the General Affembly, ^\?' ^^^'
fmu- met at Edenton,for the North-'Enfl part ofthefaid province^ and it is hereby enaEied by the authority of the sons proh^bitej
Jame^ That no perfon, being an inhabitant of this government, and not having a freehold of fifty acres of t" keep astalltr
land, or poffeffed of, or occupying lands or tennements, (hall keep, as owner, a ftone-horfe or horfes, or '^'"'■T.are,
unfpayed mare or mares, or any mole than one gelding, or fpayed mare to run at large, I'gddmg oT
II. And be it furthtr enaSled by the authority ^rf/a/^. That if any perfon, not qualified as aforefaid, {hall spayed mare,
Keep any horfeormare running at large, e^^:ept one gelding, and one fpayed mare, as aforefaid it {hall "^"""'"S £^t
and may be lavvful for any perfon to take up the fame, who is hereby obliged and directed to give notice '^'^^^'.
thereof, in writing, to the owner, within three days after fuch taking up : which ov/ner Ihall have liberty ^'^' **"""'
fo appear at the next fucceeding court of the county wherein he dwelleth, and if he can prove, to the fa-
fisfadion of the faid court, that he is qualified, according to the meaning of this ad, to keep fuch horfe or
mare fo taken up, he (hall have the fame reftored ; but if he fhall fail in his proof aforefaid, he {hall pay
to the perfori taking up, twenty (hillings for every horfe or mare fo taken up : And if the owner of fuch
horle or mare (hall refufe to pay the aforefaid fum of twenty (hillings, that then it fhall and may be law-
ful for the taker up of fuch horfe or mare to fell the fame, at publick vendue, to the higheft bidder ,- and
one half of the money arifing by fuch fale to take to himfelf, and the other half he (hall deliver to the ow-
ner of fuch horfe or mare.
III. Andbett further enacted, hy the authority aforefaid. That where the information of the taking up of
fuch horfes or unfpayed mares as aforefaid, (hall happen to be made to the owner or owners within lefs
than ten days before the time of the fitting of the court of the precind where fuch owner refides, in fuch
cafe he (hall have liberty to appear at the next fucceeding court after fuch court, to prove himfelf a freehol-
der, or pofTefTed of, or occupying lands or tenements.
IV. And be it further enacted by the authority aforefaidy That no perfon or perfons whatfoever, inhabitants ^° '*si!'CTi Isf^
of this government, (hallfufFer, or let go at large, any ftone-horle or ftone-horfes of two years old, unleis high/tigo"at
fuch horfe or horfes (hall be, at lead, thirteen hands in height, upon penalty of forfeiting fuch horfe or hor- Iwge'
fes, or the fum of three pounds, to the taker up of every fuch (lone-hoi fe ; provided tlie fame be found
running at large, and not within the confine of any fence, water, marfh or fwamp.
V. And be it further enacted by the authority aforejaid. That the taker up of fuch ftone-horfe fhall, within '^^-'' "P f*
ten days after the taking up thereof, carry the tame horfe, and make oath, before fome Juftice of the Peace, befZeTjus"
of his taking up the fame 5 which proof being made, the Juftice (hall caufe fuch ftone-horfe to be mea- 'ice, Sc make
fured, and upon finding him not full thirteen hands high at two years old as aforefaid, the Juftice (hall °^"*»
give a certificate, from under his hand, certifying the fame ; and thereupon the taker up of fuch horfe or
horfes fo doing (hall keep the fame, until fuch owner (hall redeem fuch horfe or horfes, by paying the fum
of three pounds aforefnd to fuch taker up.
VI. Provided neverthelefs, and it is hereby required, That fuch taker up (hall fet Up advertifements, defcri- T° advertise.
birigthe faid horfe or horfes, with his or their colour and birand, at the precind court-houfe door where **""'
fuch.owner fhall live or refide ; and if the owner of fuch horfe or horfes fhall. within ten days after fuch
fiotiee givenj tender to the taker up thereof, by paying the fum of three pounds, or giving fecurity for the
payment thereof, that then, and in fuch cafe, fuch owner (hall recover and redeem fuch horfe or horfes ;
otherwifc the taker up thereof is hereby intitled to the right and property of fuch horfe or horfes ; any law,
ufage, or cuftom to the contrary notwithftanding.
32 1723. VII. j9ni he it further enacted h^ the authority a/ore/aiJ, That no part, claufe or any thing contained in
1^,0'w-*^ this aft, (hall take place, or be in force, till after the firft day of July next^ after the ratification her^^ 3
Commence- of.
roentofthisaSt
CHAP. 12. Anactfer enlarging and encouragement of the town of the ifland of Roanoke, novt called Catt^-,
Ante, p. 23. ret. OBS.
CHAP. 14;. ^'J additional act, to ifn act, entitled, Jiaple (ommoditiet rated, obs.
THE TITLES OF THE PRIVATE ACTS.
13 An act for the better settling the town of Newbern in the }S An a£l for incorporating the sea.port of Beaufort, in Cart?-
piecinAof Cnven* ret precinA, into a township by the name of Beaiifoit.
Signed by Wdlliam ReEp, Efq. Pre/idenf,
T. PojLLopK, CpR. Gale,
,M. Moore, ' Johk Lovick,
Lords Proprietory Deputies,
172r. 53
. r- „..,\ Wennial ASSEMBLY, held at Edenton, in Chowan Precina, f^^^\Z"^
^\h%SiyTCember, One Thousand Seven Hundre4 and Twenty- «»o.
An aa to encourage the tanning of leather in this province. ^1^1*729*8.
jin a£i for regulating toms, and eUBions of Burgeffes. RP?. <^hap. 2.
An aB to regulate trade in Bath cotfnty. REP. ^"^p-
^n aSlfot encouraging and facilitating navigation in this province. REP. chap. 4.
4n oB to encourage defroftng oj Vermin, exp.
, r • . .L . „ ,-F*h^ -r,^^AnFl rourts, and to prevent aBions end indiBments of chap. 6.
J, ^f,r ,^.r,.n ani ^'f^/^; t^f^i. ZllL' EXP.
An aS',,r „g*»g /^ ^. ^'or appom,i„g mditoem jur^en, »d to «pe,l U>a. part .hereof as rela.« cH»r 8. ^^
1 ^ * ' jQ precina courts.
THE TITLES OF THE PRIVATE ACTS.
,T, • ■ A,x. niiri^h • and to appoint commissioners in every parish in
•r An aa to appoint the north- vest part of Bettie precina a^s- Ss ^oVernment, to call the churchwardens and vestry to
..ina par,sh, by ^he name of the north-west P^'^h °f Ber- fc'cimfOTThe parish money by them received. '
tie precina, and for appointing vestrymen for the said acconni lor luc i-
^igoed by Sir RICHARD EVER ARD, Governor.
Chr. Gale, J. Lovick,
Edmukd Gale, Ed. Moseley,
Rich. Samderson, RoBT. West,
T. Pollock, Thomas Harvet,
Lords Proprietors Deputies. »
Johi^-Baptista Ashe, Speaker>
Vol. I. '^
31- 1729.
li.a'.Tr" At a General ASS t:MBLr, held at Edenton, in Chowan PTecma' the
Bare. Govern- Twciity-se vcnth day of November, in the year of our Lord One Tiiou^'
sand Seven Hundred and Twpnt^7_r.ir,o
sand Seven Hundred and Twenty-nine
CHAP. I.
CHAP. 3.
An aafor the making and emitting the fum of forty ihvufand pounds, public bills ofcrediLofNorth^Carolina. obs.
An aa to make Hyde precinct fepaf ate from- Beaufort precinct, ^ith ponmr of ending, a Coutt-houfei and held-.
ing courts.
W^^for^.?'^^K^^f'f''?u^.^^'^?'T° "'"'";* '° Beaufort precina, is found very inconvenient
TI « I 1 ;."^^^"^"'J of HyJ« Precma to travel to Bath town, where the courts are now held
"r^KVu. ./L±/ tS^S'^f '/" ^^f ^7
for- ^. ^aroiina, by and with the advice and confent of the Members of thii General Bienninl ^-fc^A/- -. * *
Ldentonfor the North-eaJ part of the/JproLce, and it is hLy e^l^^elbytleZ^^^^^ ^
for the future, Hyde precmft (hdll be feparate, in-aU refpeds, from Beaufort precinftf^^^th pT;er of
hawng a court and court-houfe erefted in the faid prechadV and other powers and Se JsTo TZllnl
be lonpng ; and that the jufticeS to be appointed for the faid preci.dt, ihall be, and are hereby i, veftS
with full power to purchafe ground for ereding the faid Court-houfe in the fame manner as^vlaw in
for .K 'k'k'''''^^.P':°'^;''? '' ^"'^ '° "^^ ^""^^ '^'' '^' ^'^' "^^y be built in the moftconvenient pTace
for the inhabitants Jf the faid pf.cina, the Juftices thereof are h.Jeby direfted to caufe the faid Court-
houfe to be erefted at or near William Webfter's plantation j and alfo. to caufe a pSax n^ excee^^^
ing ten fhihngs per poll to be levied, in fuch manner as by law is already provided in fuchcaS for
defraying the charges of buying tha fkid land, and buiMIng a Cotirt-houfe.
R^n^'L*:^,- ^'^''^''^^^^'^'^^^^^'^'^'•^2/'^f^'«^'':/-f««'> lyingonthe. South fide of Albemarle Sound, and Morattuc% ri^'
S;^on!Ct- ITTTHEREAsih f "/^r fl^'^''^.^^^^^^ '" ^ :'^-"-'> h the name of Tyrrell precinct.
enaaed. 1756, VV/ .! t • P^^t of Albemarle county, lying on tlie South fide of Albemarle Sound, and Mo-
'• n-JnY P""f "^^'' ^s high as the Haln-bow banks, includes part of the feveral precintls hereafter
named, VIZ. Chowan. Pafquotank, Bertie, and Currituck; and whereas the great width of the fafd
Ihei; h'hV ' ° t\e great dillance from the feveral preciad- courts, renders-it llmoft impradicab e for
T.rreii n«cin« '^ y;"^'^''^"^/ °f 'h°^« P^'^ta to attend their courts as aforefaid : ^
er^aed.' ""* "• ^.yfo-^^' i^l'^i^njicted-oyhi^ E,^cellency the Palatine, and the rejl of the true and abFolute Lords Pro:
pnetors ofLarohna, by and with the advice and consent of the refof the Members ofthisprefent General A/Tern^
rsiU"7Z "' ^f""'"-P''[he North-eajl part of he faid province, and by the authority of the fame. That that
part of Albemarle county lymg on the fouth fide of Albemarle found, and Morattuck river, being part
of the feveral precmdls before mentioned, bounded to the weftward by Thomas Hoflcins's upper line.'
begmnmg at his upper corner tree, on Rain-bow banks, oa Morattuck river, and by a line running
britl"'" "'K7''''T"'?^n°'^^ ^""'^^^'^ ^y '^''' ^"""'^^ of Albemarle county. 'to the- eailward
Sorl r-' '^^'••^^^"R°^"okeifland, and Croatan, and to the northward by Albemarle found, and
Morattuck river, as h,gh as the Rambo^-banks, in Morattuck ri.er,, (hall be/ and the fame is hereby
T. aZ^ ] ^ ' privileges, and other benefit* and advantages whatfoever, which any other precindt
^^ , "» Albemarle county can or may have, ufe, or enjoy.
nrllLnli n V"'''^Z "^f "^ ^^ '^\ """""''^^ "f"'"^''^^ '^^^^ '^« *='«'^'°" ^°^ reprefentatives for the faid
bu!lTn^\t f 7"^' , '' thexourt-houfe for the faid precinft, or fuch places as Ihall be appointed for the
DuiMing the I Ji'.i court-houfe therein.
A ,. o, • ^^ -f "w "^^t""'-^^ """ ^*^» entituled, An aa for fettling the precinct courts and court-houfes, it is there-
rSf: "' ™'''"'' '^' ^^'"^ ''^"^^ ^' ^^x.)id^A, tu M'hich to build Court-houfes in the foveni,
V Be it emaed h the authority aforesaiJ, That the /afticea to be appointed for the falJ precina of 1729. ^5
^"Tvirell (hall obferve the fame method prefcribed by the fald aa, and fliall caufe the court-houfe for v-,.or^
the faid precinft to be built on the land of William Downing, or that of William Fraley, on Kendrick's
creek, as near as may be to tlie bridge now called Fraley's bridge.
■VI ami VII. ^Relate only to the Injiiiution of a new parijh, and therefore not tnprted.l^
Vlil Provided neverthelefs, That it is not hereby intended, that the faid precin^ fliall fend more thin Qj^^y^^^
twoBurgefTes at prefent, to fit in General Aflembly, without it {hall appear that there is three hundred
Tvthables in the faid precinft ; and In fuch cafe, it fliall and may fend three BurgclTes ; and fo as it flnll
ihcreafe in number of Tythables, it fhall fend one Burgefs for every hundred more, fo as not to exceed five
teprefentiitives in the whole.
An additional aa to an aftjorappointittg Toll-books, and for preventing people from driving horfeSy cattle, or CHAP. 5.
hogs, to other perfons' lands. See page io,
l-XTHEREAS in and by the faid aft, the remedy appointed for recovering the penalty of twenty
VV pounds for the inhabitants of any other Government's cattle, horfes, or hogs, ranging on peo-
ple's land in this Government, is by diflrefs to be made by the Toll-keeper or Ranger, but no method
appointed for difpofin^ fuch diftrefs or proceedings thereon :
^ II Be it therefore enaBed, by his Excellency the Palatine, ind the njl of the true and abfolute Lords Proprietors ^^"^^^^^ "^
ef Carolina, by and 'with the advice amlcdnfent of -the reft of the numbers of this General Affembly rto-w met at ^^^[^^
Edenton, for the North Eafipatt of the faid province , and it is hereby enacted, by the authority of the fame. That
when fuch diflrefs is made,, or which may hereafter- be made, by the owner of the land, as well as the of-
ficers aforefaid, the ftock fo diftrained fliall be kept four days, unlefs fooner redeemed' or replevied by the
owner, who on paying, the p':'nalty, and the reafonable charges, fliall have them at any time with-
in four days after feifure -, otherwife,.afteT the expiration of the faid four days, they fti^lfbe appralfed by
three indifferent freeholders; to be appointed and fworn by fome Magiltrate, and the property fliall b?
immediately vefted in the perfon or perfons feifing the fame, he or they returning the faid'appraifment to
the Clerk of the precma court, with an exad account of the marks or brands of fuch horfes, cattle, or
hogs, which fliall be fet up at the court-houfe the next court ; and any perfon proving the right to fuch
cattle, horfes, or hogs, at any of the four nextcouitsin the faid precinds, after fuch return of that ap-
praifment, having given the difl:rainer notice, fliall have an order or judgment-of the faid court for the
overplus^ according to the appralfment, the penalty and charges i2eduded.
Ill: And be it further enacted by the authority afortlaid, That the penalty of ten pounds in tlie faid a£k for Penalty how
appointing Toll-books, may be recovered by difl:T«f8 in like manner, provided that no Guardian or ex- cuaXn'&c
ecutor fliall be excluded by the faid ad from bringing any flock, utider their care, on their land. ^^^ exdaded,*
lY, And be if further enaBed by the authority aforefaidtThdt the ^ock of any inhabitant of another Go- &c.
vernment being found on people's land m this Government, contrary to the faid a£l fhall be deemed to Foreigners'
be driven thither by the owners, unlefs it can be proved they ftrayed by fome unavoidable accident, and stcckpvesumeJ
were purfued, and havfe not ranged above four days, provided fuch diltref& be made four miles to the '° ^^ '^"^^"•
fouthward of the line betwixt this Government, and Virginia.
V. And be it further enacted, by the authority ajforefaid. That no perfon within this Government, fliall pre- None to drive,
fume to hunt, drive, or kill any flock, deer or game, on any perfon's land within this government, except >un'or^^ilJ any
neighbours whofe lands are very near adjacent,,- without kave firft;had and obbined from the owner of ga,^e, on others
the faid land vvhereon he or they fhall be found ranging or hunting, contrary to this a£l:, under the penal- lands!
t-yof five pounds for each and everr time he or they fhall be found ranging ; the one half to the owner
of the land, the other half to the informer .- To be recovered by a warrant from two Juftices, vvhereof
one to be of the q^uorum ;. which faid Juftices are hereby impowered finaUy to hear and determine the Penalty.
fame
VI. And be it further enacted by the authority aforefaid. That no ranger or other perfon, on any pretence,. Ranjer not ta
fliall range or hunt, kill or take up, any unmarked cattle, horfes, or hogs, on any other perfons' lands, |^^,'i!'gP/^''au,^^
without leave of the owner of fuch land or lands ; any law, ufage, or cullom, to the contrary, notwith- j^c. wihout
ftandiiig : But that every perfon fliall have free liberty to take up and Ull all fuch unmarked cattle, hogs, leave-
and horfes, as he fhall find running on his own land, and the fame to convert to his own ufe, unlefs the ownerof the
property thereof be proved within three months, by any perfon claiming the fame ;■ who, paying for the land m»> keep-
laking up, fliall have the faid beaft, or its va-ue, as it is in the law direded for rangers. ''•
36 1729. Vll. Andwliereas great damages are frequently done, bv rtaves being permitted to hunter rang^
*„»<«-»->»> with doijs or guns : Tor prevention whereof, Be it enacted by the authority aforesaid. That it (hall not be
Maves not to lawful for any flave, on any pretence whatfoever, to go, range, or hunt on ^ny perfon's land other than
huiit bit on^ j^jg maf^ers, with dog or gun, or any weapo;v, unlefs there be a white man in his company ; under the
h^d, nor travel penalty of twenty fnillings, to be paid by his mafter, for every ofFence, unto the myner of the land where
withput keep, on fuch flave fhall range or hunt ; and that no flave fhall travel from his mailer's land by himfelf to any .
ing the mam other place, unlefs he (hall keep the mofl; ufual and accuftomed road : and if any flave (hall offend con-
trary hereto, it ftiallbe lawful for the owner of the l»nd whereon any flave {hall be found, to give him a
s^nrfbunJwfih ^^^'^^^ whipping, not exceeding forty lalhes : And if any loofe, diforderly, or fufpe£l:ed perfcn, be found
slavis, &c. to drinking, eating, or keeping company with flaves in the night time, fuch perfon (ball be apprehended
Le whippi'd. and carried before a Jullice of the Peace ; and if he cannot give a good and fatisfa£lory account of his
behaviour, fi^ch perfon ihall be whipped, at the difcretioa of the Juftice, not exceeding forty laflies.
Negroes travel- VIII. And for the better fuppreffing of negroes travelling and aflTociating themfelyes together in great
rr^nt"o?fouiid nun^bers, to the terror and damage of the white people. Be it enacted by the authority afcrefaid^ That if
in k tchens, t«L, any negro or negroes (hail prefume to travel in the night, or be found in the quarters or kitchens among
be whipped, other perfons' negroes, fuch negroes fo found fhall receive correftion, not exceeding forty lafhes, as afore-
faid ; and fuch negroes in whofe company they (hall be found, fhall receive correftion, not exceeding
twenty lafhes. .
Proviso. IX. Provided always, That nothing in this a<9t fhall be conflrued to preveijt any perfon from fend-
See subsequent ing his flaves on his lawful bufinefs, with a pafs, in writing ; nor to hinder neighbours' negroes intet^ •
s'^an'ts^nd"^ marrying together, fo that licenfe being firft had and obtained of their feveral matters.
slaves.
CHAP. 6. Jfn act for the more effectual and fpeedy putting in execution t^e act for fettling the title and hounds of peoples
Ante, p. 29. lands.
'HEREAS the faida£t for the proceflTioning peoples land?, although very neceflary for the afcer-,
taining peoples bounds, and preventing difputes hereafter, hath not been duly and effectually put
in 'execution : wherefore, that the faid law may, for the future be better obferved ;
FreehcUcrs to II. Be it (naclcdby his excellency the Palatine, and the rejl oj the true and akfolute Lords Proprietors of Carolt-
onw^h' "' "^' '"^' ^ and tuiih the advice andconfcnt of the ref of the members of the General Affemhly, now met at Ederton,for
alty Li 5°"^^''"' the Hovth-eafl part of the faid province, and it is hereby enaBed, by the authority of the fame. *And the free-
• Ttefrstand holders fo appointed, on notice given them, fhall forthwith (being firft fworn to aft juilly and impartially/'
I -St pan ,f,bh tjo xho beft of their knowledge,) propelTion people's land, as in and by the faid zSt is already provided;
teclH n repattd, , , , ^ r jl - ■ ■•
Vol. II. p. 27. """^i" the penalty of five pounds each.
vvhei-e bcuiids III. j4nd be ii further enaBed by the authority aforcfaid. That wher^ the bounds cannot be fully afcertain-
are not known, gd by fuch freeholders appointed, they fliall make return thereof accordingly that in fuch cafes the fur-
th"Jm out.*° ""* ^^yox may be ordered to run the bgunds at the charge of both parties in the fame manner as is before in
the faid aft provided to be doAe, where .o^e party utterly rcfufes to have his lands proceflioned.
CHAP. 8. An aSf tc repeal the alf, eniituled, An aft for encouragement of tanning leather in this^ province. cBS,
CHAP. 9. yj„ additional aB to the aB, For the trijd of fmaJl and mean caufes.
Kep. 1, 1741, 15.
CHAP. 10. jin oBfor regulating veflries in this Government, and for the better infpeBing the vefirymenand Churchnvardetii^
Rep. 1,1741, accompts of each and every parijh in this government, '
23, except that part which erefls Nevr-Hnnovct into a precindl. 1734, 8. <
w
PTHE TITLES OF THE PRIVATE ACTS. 1729. Sir
2 An aft for il^e more ^uiet settling the bopnds of the I^ehsmn .7 An. aft to confirm Bath town common.
Indians' lands.
/Signed by Sir RICHARD EVERARD, Governor.
Chr. Gale, J. Lovick,
Edmond Gale, Ed. Moselet,
Rich. Sanderson, Robert West,
T. Pollock, John Paulin,
J. WORLEY,
Lords Proprieters Deputies*..
Thomas Swann, Speaker.
Ov^OL. ^. ^
S8 173*.
fo^HmTON -^^ ^ General ASSEMBLY, held at Edentori, in Chowan Freeing, in the?
Esq^clveraor. year of our Lord One Thousand Seven Hundred and Thirty-four.
CtlAP. I. j^fj aBforJlamping and exchanging the prefent biUi of currertcy of this provinccy and far the better explaining an
act of the General Ajfembly, paffedthe tiventyfeventh day of November, one thoufandfeven hundred and t-wenty-*
nine, entituled. An ziX for making and emitting the fum of forty thoufand pounds> public bills of cre-
dit of North- Carolina. oBs.
CHAP. 2. An act for repealing a claufe in an acty entituled^ An a£l relating to biennial aiid other Affemblies, which
Bep. 1743, 1. impowers freemen of the feveral precinfls to vote for members of Aflembly, and declaring what per-
fons fnall be qualified to vote for members to fit in General Aflembly, and alfo qualification of mem^
bers for the future.
CHAP, 3. ^u act for reviving an act, entituled. An additional a£t to the aft, for trial of fmall and mean caufes.
Hep. 1, 1741, 15.
CHAP. 4. ^n aSIJor laying a duly on liquers, for and towards defraying the contingent charges of the Govern-
ment ; and to make a poll-tax on the poorer inhabitants more e*fy, EiP.
CHA7. 5. ^n aS to a/certain the allowance of his Majtfty's council, and the members of the Afftrnbiy of this
province, exp.
CHAP, 6. An additional aB t9 the a£l, concerning roads andferries.
Rep. 1756, 11, Ante, p 17.
CHAP. 7. An, aB for laying out, making, altering, and keeping in repair, the fevtral roads and higtiwaifS
without the feveral precinBs of the county of Bath, and /or building bridges, and cleanfing and
keeping clan the Jtvtral rivers and creeks within the fame, Vi'sx\
CHAP. 8. An aB to confirm and ejlablijh the precinBs of Onflow and Bkden, and for appointing them di/tinSi
KepeaUd by parifhes.
bur«"nSed TT THERE AS by an aft, entituled, An act for regulating Veflries in this Government, and for the better
Rep, 1756, 9, W inspecting Vefirymen and Churchwardens' accompts of each and every parifb in this Government, it ia^
enafted, that the fouthern part of this province fhall be ere£led into a precinft, by the name of New-
Hanover precincl, and bounded to the northward by the Haul-over and Little Inlet, and to the fouthw
ward by the fouthernmoft bounds of the province ; and as the precinfl of New-Hanover is now become
very populous, and the extent thereof being found too incommodious to many of the inhabitants thereof^
particularly thofe of New-River, and the upper part of the Northweft river :■
Onslow erefi- H. We therefore pray that it may be enafifced, And be it enaSitd by bis, excellency Qabriel Jthnjiori, Efquisse,
* ■ Governor, by and with the advice and confentofhis Majeftfs Council,. and General Affembly of this province f
and it is hereby enaBed by the authority of the fame. That a precinft be erefted at New-river, by the name of
Onflow precina ; and that the faid precin£t be bounded to the northward by Whiteoak river, from the
mouth to the head thereof; and to the fouthward, by a creek thaC conies out of the foui\slj s^nd CQtt^es
acrofs New-river road, called the Bay-fwamp, or Beafley's creek-
Boundaries, III, And be it further enacted, by the authority aforefaid. That the upper part of the Northw;eft river be eredl-'
ed into a precin^, by the name of Bladen precindl ; and that the faid precinft be bounded to the fouth-
ward as follows, viz. Beginning at the mouth of Livingfton's creek, and bounded by the faid creek to
the head thereof; and then, by a weft line, to the boundg. of the Gavemna^ut ; and that the faid precinft
be bounded to the northwaid by Black. river, as follows, viz. Beginning at the mouth of the faid river, I'T'S*. 3d
and bounded by the main river up to the fork, and that then the wefternmoft branch be tlie bounds to wy>J ^
the head thereof. - . -
Y^ .\C.onlhtvting a por^Jh ; therefore not inffrtfd.'^
*yi. Ani be itfyrther enacted hy the authority aforefaidy That eacjh qf the ^bpye fai^ orecinas are hereby • In the editi-
jnvefted with the fame powers and privileges as any other of the fouthern precinils have and enjoy. <"» of Mr.
VIL yind ^' it further enacted by the authority afordaid, That the Juftic^s of the aforefaid precindls fliall m°"s^^ ^"^
have full power and authority to appoint a place for a church, court-houfe, and prifon ; and to tax all cither the's^b 5'
taxable perfons in the faid precinfts, for railing a fym of money fufficient to defray the charges of the hath been o-
above public buildings, purfuant to an aft, intituled, An act for fettling precinSfs andprecinSl court-bouses. "'"*<^' <>"he 4
VIII. And whereas there hath been feveral courts held in the precinft of Onflow, by a commiffion ISmmberS"
ffpra the late Governor, Qeorge Burrington, Efq. therefore. Be if enacted by the authtriiy aforesaid. That
all proceedings of that court, {facing the right of appeal) are hereby declared good and valid.
IX. {^Rtlattng to parifhes only i therefore not infer te4.'^
Jn aH fir granting to his Majejyy ihffu^tf fwrteenthoujani me hundred anii fifty pounds three Jbillings ai^dfwo ruxp 9
pencej for thefervice of the public of this province^ and far laying a tax on the inhabitanft of the fame for the ■ -
payment thereof % andforfiampin^thefum of ten thouf ani pounds ^ hills oj credit, for the more immediate dif*
charge of part thereof 0B9t ■ ■• ■ J .
Signed by GABRIEL JOJIl^STON, Ef^. Gs^erttori
WxLLiAM Smith, President.
William Dowjjingi Speakm
40 17S8.
Gabriel
joHKSTON. ^t a General ASSEMBY, held at Newbern, the Sixth day of March, in the
fcs,. overnor. ^^^^ ^^ ^^^ Lord One Thousand Seven Hundred and Thirty-eight.
CHAP. 1. An aBfor providing his MajeJ}y a rent-roily for fecuring his Majeftp rentSy for the remiffion of arrears ofquitn
Kepealed by his rents, and for quieting the inhabitants in fheir pojfe/ftons } and for tbf better settlement of his Majejly's pro-
Maj.sty'sor- ^ince of North Xarolina. ^ • ' ' ' ' -, - .
der, in council. •'
CHAP. 2. An aSl to prevent the concealment oftithahles in the several counties within this proyinceyfor declaring what per-
Rep If 43 2. fonsfhall be deemed tithables, and for defraying thefianding and contingent charges ofGovemmenty and appoint-
ing public treajurers for this province y and for granting to his Majesty a poll-tax y of Jiyefbillings per head, to
•be levied on the ttthable inhabitants of this province,
CHAP. 3. An aStfor appointing fheriffj in the room of Marfhals of (his province, for prefcribing the method of appointing
All of this aa themy and for limiting the time of their continuance in efftccy and direSiing their duty thereiny and for abolish-
as to the ap- ^^^ ^^^ ^^^^ ^ provost-martialy of this province ; and for altering the names of the precinSls into counties.
MmiTuaBwin XXII. A ND be it further enacled by the authority aforefaid, that from and after the twenty-fifth of
office, and duty .XJL day of March, in the year of our Lord, One thoufand feven hundred and thirty-nine, the
fcf sheriffs, re- ofl^ce of provoft-martial in this province ihall be abohftied, and totally ceafe and determine, as if fuchof-
lequett^Uts!*' ^c^ had never been: and that from and after the ratification of this aft, the feveral precinfts within this
2, 1738, 1. province fnall be called counties.
CHAP. 4. AnaBfor faciiitating the navigation of the feveral ports of this provinccy and for buoying and beaconing the chan-
Kej). 1. 17 43, nels leading from Ocacock itilet, to Edenton, Bath Town, and Newbern, and from Topfail inlet, to Beaufort
10. town and other ports, and inlets within the faid province herein mentioned ; and far providing ftfficient pilots
for the fafe cand^ti of vejjels,
CHAP. 5. An aci declaring what pall be deemed a fufficient cultivation of lands already granted, on hereafter ta be ^ranted^
Uepeulcd by his ,^v his Majijly J and for afcertaining the manner of granting lapfed lands.
Majftsty's order "
in cour.cil.
CHAP. 6.
Kep. 2, 1746,2.
CHAP, 7. An aSl to appropriate two thoufand pounds, current bill money, to ereEi a fufficient Goal, and ojficesr place for i
Jafe keeping the records of the General court, and for repairing the court-houfe at Edenton i and J or ether pt
pofes therein mentioned.
CHAP. 9.
An aSi for appointing Circuit courts, and for enlarging the power of the county courts.
the
'ur-,
CBS.
An aSfor deflroying %>ermin within this province. EXP.
An act to prevent killing deer, at unfeafonable times.
I. T) E it enaSJed by his Excellency Gabriel fohnjlon , Efquire, Governor, by and with the advice and confent of kit
J|3 Majeflfs Council, and General AJfepibly of this province, and it is hereby enaBed by the authority of the fa me.
That it ftidll not be lawful to kill or dsftroy any deer, running wild in the woods, or unfenced ground, in
this government, by gun, or any other .ways or means whatfoever, between the fifteenth day of February,
15. and July 15, in each year, and the fifteenth day of July fuccceding, after the ratification of this aft: and if anv perfon,
IV-nalty. not being a fervant or flave, ihall kill any deer contrary to this aft, and be thereof lawfully convi'^ted, the
faid perfon for every deer fo killed or deilroyed, {hall forfeit and pay the fum of five pounds, current mo-
ney.
CHAP. 10.
1745,3.
1768. 13.
1. 17S4 33.
No deer killed
Leiwee.i Veb
II. And be it further enaBedhy the aulharity aforesaidy That if any fervapt or flave, by order or com- 1736. 41
jmand of his or her mafter, miftrefs or overfeer, (hall kill or deftroy any deer, contrary to this a£i, the maf- ^««>->rO
ter, miftrefs or overfeer, giving fuch order or command, and beijng thereof lawfully convifted, for every Master liable
deer- fo killed <>r-dert'r6y'ed, as altjrefaid, {fialTTorfeit'anc!' pay the ^forefaid penalty of fire poimdi,'W if" the ^"^ ^^'vants &
faid mafter miftrefs or overfeer, had a£tually committed the offence. , , ...v.... *
illL And be it fvicther enaBed ^ the authority aforejaidy That if any fervant or fiave cf his' own- atJcord",- servant or slave
. wijthout ja»ny^ order- or comraand^ from hisqr her rriaftei'^ n^iftre.fs pji; overfeer, ^fhall ■ kill,- -deftroy or buy any killing deer,
.deer, contrary to this aft, and be thereof convidled, by the oath of one credible witnefs, before a Juftice how punished,
of the Peace of the county wherein the offence is committed, for every deer fo killed or deftroyed as afore-
faid, the faid fervant or flave {hall have and receive, on 'Ills or Tier bare back, thirty lafties, v/ell laid on, to
be infli6led by order of the faid Juftice before whom the faid conviflion ftiall be ; unlefs fome fufficient
perfon will becbine bound to pay, for the faid fervant or flave, the fum of five pounds current money, with-
in fix months, in lieu of the faid punifhmenf afdrefaid, t^' the Churchwardens of thepafifti where the' of-
fence is. coipmitted-,. for the ufes directed -fey tMs a£l. ' : . ," . ...... .. ■ i;
VJ..^ And ie,it. further enaEled iy the authsrtty dforefaidy"'''Tivai bti6 .moiety .oii^the'-forleituresief -this s£t. Finds,'
.{hall be to the Churchwardens of the parifli where fuch offence is committed, for the ufe of the parifh, and
,the Qtl]^E ^jTifliety.to the informer ;': to'bisrecoyered, \vith ^ofts, by a warrant from any Juftice of the peace
within this government ; faving unto all free people, the right of appeal to the county court where the of- Appeal.
fence is committed : ,which faid court is finally to determine the fame ; wherein no effoign, prote<5lion or
.wager pf la^, fhall be allowed or admitted of.
■■',■!,' r r. ■ ■ ; ■ • ' ■ ■. .
THE TITLES OF THE PRIVATE ACTS.
8 An a<a for the encouragetnent and better Regulation of the liam Webster now dwelleth, in Hyde county, on the west
town of Edentor. side of Matchapungo river>
.11 An aift fcr appointing a toxn on the plantation where .Wil-
Sigtied by GASftlEL JOHNSTON, Esq. Governor.
William Smith, President.
William Downing, Speaker.
yofc. h U
42 1758.
gabmei. At a General assembly, held at New.bcr% the Eighth day' ^f March,
Ess- Governor, in thc ycar of our Lord One Thousand Seven Hundred and Thirty-eight,
CHAP. 1 . AnaR to supply the deftB of an act, papd lattfejfion of Afftmhly, entttuledy An a£k for appointing Sheriflis
The greatest ni the room of Marfhals of this province, for prefcribing the method of appointing them, and for limit-'
part of this aft jj^g ^^ ^.^^^ of their continuance in office, and direfting their duty therein, and for abolishing the office
The'resTrepeal- of Pfovoft-Marlhal of thls provJncc *, and for altering the names of the precinfts into counties. »ep.
ed. Seepages?.
Signed by GABRIEL JOHNSTON, Efq } Governor,
WiLtriM Smith, Prejidtta.
William Dowmne) Sptaker.
1789. 43
■ »»HI'|»IIII'IIM
^t a General ASSEMBLY, held at Newbern, the Twenty-fifth day, ofcj^mti.
February, in the year of our Lord One Thousand Seven Hundred and E°sq.Govanor.
Thirty-nine,
ffn a8 appointing a Tredfurerjor the ftveral counties herein mentioned, inthf room oJJf^illiant Dtun- CHAP. I,'
in^, Efq'\ decedjtd. obs.
in act to afcertAxn the allowance of his Majejiy's council, and the members of jtff'embly, of this province; CHAP; 2.
And fsr payment of all claims; and to prevent letting out anymore ej the loan money en In*
Mrest. EXP.
Anactpreferibing the manner of proving book debts, rep, CHAP. S.
Rep. I?fi6, 4i
THE TITLES OF THE PRIVATE ACTS;
i An aA for eiieAing the village called Newton, in Kew-Hano-. Wilniingtoa; and regulating and ascettainiog the bonndl
vw county^ into a town atid township, by the name of thereof.
Signed by GABRIEL JOHNSTON, U<{\ Grjtrmr.
William Smith, Prefidenf^
John Hosgsom, Speaker.
44 1740.
^o^^tI^, At a General ASSEMBLY, .held at Edent<Mi, th^ Twenty^^rstday A.ugps
'^,<^y«r«o^ in the yearof pur Lord One Thousand Seven K[uii<i5^etl ,*P^ i>rty«
CHAP. 5. ^ jitt a8 to ejiahlijh and confirm John Hodgfotty Esq. treafureraf the counties herein after mentioned. OBs-
'tdyki^ul ' Clerks y faryhe fevffdl county (oujrts imthinthis proiAnce,
curing and jafe keeping the records of the fame.
and for the ' better fe-
CHAf, 6.»v An^ t^ appdint ahk and'Ji
Hepealedby^is
Majesty's or-
der, in cOUiicil. . r '■.-.• •
CHAP. 8.: An oEi to enable the fa ffb of St. Andre'v^Sy in Tyrrell count^f and the fouthwe/l parifij of Pafquotanl county , ta
eleEl vejlries. OBS.
CHAP. 11* An aBto enable the commijftonert herein after namedy fo ku}l4,A,bx*^ge 9ver hevingstqtit creek, hetiveen Neiv-
Hanover and Bladen reunites., obs.
CHAP. 12.
Rep. by aa, 3, 1746, 1,
Att't^ fwthe htttevregulatingtht militia of this government.
CHAP. 13. An aSI for granting an aidto'Ms Ma^^'y^todefr^ty the expehlces, of tranfporflne fhe ffveral troops inlified in hif~
The whole of Majesty's fervice in this colony, and to afcerfath the method of paying all taxes and levies in commodities ; atid
this aft either for Other purpafef therein mentionfdf
obsolete or re-
pealed.
THE TITLES Of THE PRIVATE ACTS.
1 An aft for confirming titles to the town lands of Ecle<\ton, for
securing the privileges heretofore granted to the said
town, and for further encouragement and better regula-
tion thereof.
2 An a4i to enable the commissioners herein after appointed, to
ere<a and finish a church in Newbein, in Cravtvi C'.iinty
and parish, in the province aforesaid, and for r-.i heiier
regulating the said town; and for other purposes. therein
mentioned .
3 An aft to enable the commissioners herein after tpentioned, to
.fittish the church already begun at Edenton.
4 An aft for the further and better regulation of the town called
Wilmington, in New-Hanovsr county j and to establish
the churcli of the parish of St. James, to be built In tht
said town,
7 An afl for the more efieiJlual estaHlishinff a ferry fiom Bath-
town, to Core-point, andiV^Ti Core--point toBath-town ;
and for preventing any other ferry within ten miles of
the said rawii of Bath, orCojc-point, on the tame sides
of the river
.9 An aift to exempt the inhabitants of Bath-town from working
* on the public roads, and to oblige the inhubitants to clear '
and keep the streets of said town clenr and in good culer.
10 An afl to enable the Justices of Tyrrell county, to build a
ware house on Scopernongs, for receiving of his Majes-
ty's quit-rents.
Signed by GABRIEL JOHNSTON, Efq ; Gover^r.
William Smith, Prefident.
John hodgson, Speaker.
174.1. -K
ii<anlBai>»<aB»)Ka— — w— «g»^— iioniiii i iin>nn)b
At a General ASSEMBY, held at Identon the Fourth day of April, in the gaeriel^^
year of our Lord One Thousand Seven Hundred and Forty-one. Eq-^'Govera
An a3 coitcertiing marriages, . CHAP. I;
i, 'JT'OR preventing clandefVine and unlawful marriages, we pray that it may te eftacleil, And he it en-
P aBed by his excellency Gabriel Johnflon, Efq. Governor, hy and loith the advice and confent of his M a-
jefty^s Council, and the General Affenibly of this province, and it is hereby enabled by the authority of the fame, "^'M^^^er, ox
That every clergyman of the church of England, or for want of fuch, any lawful Magiiirate, within J"''"«s, may
this Government, fhall, and they are hereby direiled, to join together in the holy eftate of matrimony, i] 1778,7.
fuch perfons who may lawfully enter into fuch a relation, and have complied with the directions herein
after contained.
II. And be it further enaffedby the authority eforefaid. That so Juftice of the peace of any county in this No Justice to
Governmentj fhalljoin together in marriage, any perfons wholoever jn any parilh where a miniftejr fhall roaij-y when
refide and have a cure, without permiffion firft had and obtained from fuch Minifter under the penalty of the parish. "
live pounds proclamation money, to the ufe of the minifter.
in. And be it further enaEiedby the authority aforefaid, That no Minifter or Minifters, Juftice or Juftices of No tninister or
the peace, within any of theparifties of this government, (hall celebra(e the rites of matrimony between Justice to mar-
any perfons, or join them together as man and wife, without licenfe firft had and obtained for that pur- ceiKc, or pub-
pofe, according to the directions of this aft. or thrice publication of the banns, as prefcribed by the lication.
rubrick in the book of common-prayer : And if any Minifter or Minifters, Juftice or Juftices of the peace, 1« ^^^8, 7.
fhall, contrary to the (rue intent and meaning of this aft, celebrate the rites of matrimoii^' between any
perfons, or otherwife join them in marriage, he or they fo offending, ftiall forfeit and pay the fum of fif- ^'"'stM not to
ty pounds, proclamation money ; to be recovered and applied as herein after is direfted : And if any persons of ^^
minifter ftiall go out of this Qovernment^'and there, contrary ^o^e true intent and meaning of this aft, government,
join together in matrimony anyperfonor perfons belonging totms Government, without fuch licence or without h-
publication of banns, as is herein prefcribed, every Minifter fo offending* fhall incur the fame penalties "**»°'^ '"''*
and forfeitures, as if the fame had been done in this government.
IV. \_Provided for by act, April, 1778, Chap. 7.]
V And he it further enaSled by the authority aforefaid. That if any minifter, clerk, or reader, fhall giant a False certifi.
falfe certificate, he or they fo offMiding, fhall be liable to fuch punilhment as in cafe of forgery at com- cate, forgery,
mon law ; and all fuch offences fhall be profecuted, tried, and determined, in the General court of this
province.
VI IProvidedforby act, April, 1778, Chap. 7.]
VII. And he it further enaBed by the authority aforefaid. That if any Minifter or reader (hall wittingly Minister or
publifli, or caufe or fuffer to be publiftied, the banns of matrimony between any fervants, or between a pu^^fj'i^^anns
free perfon and a fervant ; or if any Minifter or Juftice of the Peace ftiall wittingly celebrate the rites of between ser-
matrimony between any fuch, without a certificate from the mafter or miftrefs of every fuch fervant, vants, without
that it is done by their confent ; he ftiall forfeit and pay five pounds, proclamation money, to the ufe of "^*«''s '^aye.
the Mafter or owner of fuch fervant ; to be recovered by aftion of debt, bill, plaint or information : And Servant mairy-
every fervant fo married, without the confent of his or her mafter or miftrefs, ftiall, for his or her faid ing without
offence, ferve his ex her faid mafter or miftrefs, their executors, adminiftrators, or affigns, one whole '®*^*-
year, after the time of fervice by indenture or cuftom is expired.
VIII. £3* IX. \Relate to the Governor' s fees, none of "which are now due."]
X. And he it further enaBed by the authority aforefaid, That if any minifter or Juftice of the peace of any Minister or jus.
county or parifti where a clergyman doth not refide, fiiall refufe to celebrate the rites of matrimony, for nwyior'liw'
the fees herein fet down and jdlowed, or ftjali demand or receive, for marrying, either by themfelves, or ftjl fees,
Vol. I. N
46 17+1.
by any other perfon for them, any larger fees than before mentioned to be allowed to the minifter or Juf*
ti'ce of the Peace, he fliall forfeit and pay for every fuch offence, thai is isfjyy if the marriage was to have
been by licence, ten pounds, or if by banns, five pounds, proclamation money ; one moiety of all the
fines and forfeitures in this act before mentionedj and not particularly appropriated, to be paid to ilie
churchwardens of the parifh for the time being, for the ufe of the parifh where the offence ihall be com-
mitted, the other moiety to him or them that will inform or fue for the fame ,- to be recovered, with
cofts, by a£^ion of debt, biJl, plaint, or information.
XI. ^nd be ii further ena5fed by the authority afore/aid. That if the minifter or reader of any pariffi with-
teader refusing in this Government, fhall refufe to publifli and certify the banns, for the fees herein fet down, and al-
to ijub^sh^ ^ lowed him for the fame, he fhall, for every fuch offence, forfeit and pay, to the party grieved, ten pounds,
liiii fees. P.n proclamation money ; to be recovered as before mentioned.
XII. Provided always, That the minifter ferving the cure of any parifh, fhall have the benefit of the
fee for marriages in the faid parifh, if he do not negletl or refufe to do the fervice thereof, altha' any
other perfon performed the marriage ceremony.
XIII. And for prevention of that abominable mixture and fpurious iflue, which hereafter may increafe
in this Government, by white men and women infermarrying with Indians^ negroes, muftees, or mu-
lattoes ; Be it enacted i>y the authority aforefaidy T^hM ii iny white man or woman, being free, fhall in-
y/h'te persons termarry with an Indian, negro, muftee, or mulatto mm or woman, or any perfon of mixt blood, to the
wtth ne^?Msf ^^"'^ Generation, bond or free, he fhall, by ju Igment of the county court, forfeit and pay the fum of
fifty pounds, proclamation money, to the ufe of the parifh.
XIV". And be it further enacted by the authority ajorefaid, That no minifter of the Church of England, or
other minifter, or Juftice of the peace, or other perfon whatfoever witiiin this Government, fhall here-
after prefume to marry a white man with an Indian, nsgro, muftee, oi mulatto woman, or any perfon
of mixt blood, as aforefaid, knowing them to be fo, upon pain of forfeiting and paying, for every fuch
oifence, the fum of fifty pounds, procla -nation money ; to be applied as aforefaid,
XV. And be it further enacted by the authority afore/aid, That the feveral fines and forfeitures in this aiEl,
Fin^es where su- .^j^jch exceed the fum of twenty-fix pounds thirteen fhiilings and four pence, proclamation money, fhall
be heard, tried, and determined, in the General court of this province -, and all under the aforefaid fum,
fhall be heard, tried and determined,. in the court of the county where the offence fhall be committed.
XVI, And be it further enacted by the authority afore/aid, Tnat all and every act and ads, and every claufe
and article thereof, heretofore made, fo f^f as relates to- any matter or thing whatfoever within the pur-
view ©f this ad, is and are hereby repealwand made void, to all'mtents and purpofes, as if the fame had
never been made.
Penalty.
Minister or
Minister of the
parisli to have
the fee, if he
riothnot refuse,
though another
l.e employed,
1766, 9-
t<c. to forfeit
So}.
Min'ster or jin-
lice knowingly
marrying vvliite
persons ty ne-
|:roes, &c. to
forfeit 501
1766,9.
Repealing
clause.
CHAP. 2.
CHAP. 3.
An aB to empower the feveral commifftoners herein tiamed, to make, mend, and alter the feveral highways, roaiSf
and bridges, and to clear and cleanfe creeks and water courfes ; and alfo to cut fuch cuts as they fhall think con-
venient, in ths feveral counties hereitt after named, exp.
An aB to give further time for colleBing the aid granted to his Majefly, for fufftence of the forces raifed in thit
province : and for the better colleBtng taxes and levies, and to dire d the method of accounting for the fame f. and
other public monies herein mentioned. OBS.
CHAP. 4. ^" "^^ '" "'^^^ ""'^ confirm that part of the m.iin rmd leading from Bennetts creek bridge, to Virginia, joining ta
Not necessary M^- Henry Baker's, in Chowan county, altered for the convenie/tcy of the public, by the adjacent inhabitants, ta
to be inserted, be the main and public road.
CHAP, 5.
County courts
J early to ap-
foint Consta-
bles.
An aB to appoint Conflables.
TO the end that Conftables may be regularly appointed, throughout this government ;
II. We pray that it may be enaded, and be it enaBed, by his Excellency Gabriel Johnflon, Efq ; Go'
vernor, by and with the advice andconfent of his Myejly's council, and the General Affemhly of this provinc \ and
it is hereby enaBed by the authority of the fame. That the courts of the feveral counties which now are, or here-
after fhall be, within this government, (hall, at the courts t<J be holden for each refpedive county in this
goverunjent, next after the Firft day of January, yearly, and every year, nominate and appoint as many
ib«rfons of their faiii county as they (hall judge neceflary, to be conftables within the fame, for the then 1741. 4-7
enfuing year •, which conftables fo appointed, (hall have the following oath adminiftered b( them •, iA»< is i*.o"Sfc>
to fay, *
f« XTOU (hall fwear, tliat you will well and truly ferve our fovereign lord the King, in the office of a Constable's
jf « conftable j you fhall fee and caufe his Majefty's peace to be well and duly preferved and kept, cuth.
<* according to your power ; you (hali arreft all fuch perfons as, in your fight, fhall tide or go armed of-
*« fenfively, or Ihall commit or make any liot, affray, or other breach of his Majefty's peace } you fhall
fl « do your beft endeavour, upon complaint to you made, to apprehend all felons and rioters, or perfons ri-
ll « otoufly aflembled ; and if any fuch offenders (hall make refiftance with force, you (hall make hue and
ij «« cry, and fhall purfue them, according to law ; you fhall faithfully, and without delay, execute and re-
\ " turn all lawful precepts to you diredled ; you fliall well and duly, according to your knovv^ledge, power
«< and ability, do and execute all other things belonging to the oiTice of a conftable, lb long as you (hall coa-
" tmue in this ofHce,
SO HELP YOU GOD.
Ill And he it further enacted hy the authority aforefaidy That each and every conftable, fo appointed, nomi- Constable's
nated and fworn, is, and they are hereby inverted with, and may execute the fame power and authority, to power.
all intents and purpofes, as the conftables within the kmgdom of England, are by law inverted with and
execute. _^ ,
IV. And be it further enaEledhy the authority aforesaid, Th^it if any perfon or perfons, nominated and ap- Coistable ne.
Pointed Conftable by the court of any of the counties within this government, fhall negledl orrefufe to gje'^«>>g to
tfualify himfelf, according to the direftions of this ad, within ten days after notice of his nomination and dav's'Ifter m).
appointment as aforefaid without he can fhew fuffieient caufe for his negleft, to be admitted of by the Juf- tic'e, to iorieit
tlces, who fhall or may grant their Warrant to recover the penalties in this a£t mentioned, he fhall forfeit 501.
the fum of fifty (hilhngs, proclamation money j to be recovered by a warrant from tvi'o Juftices of the
Peace in the county where fuch perfon was appointed conftable, and applied to the ufe of the county where
fuch conftable is appointed ; provided fuch notice be in writing, figned by the Clerk of the court, and
ferved bv the Sheriff of the county, or preceding conftable, on fuch conftable or conftables as fhall be ap-
pointed, according to the direftions of this a£t,
V. Provided alwaysy That no perfon in commiflion of any office, civil or military, or member of AfTem- Person? ex-
bly, for the time being, nor any one who has ferved in any fuch ftation, or any other who has ferved as ^"^^P' f'"'^'" *"•
Conftable within the fpace of five years b^re nor any perfon who is exempt, by the laws of England, ^J^'2 ** ^o"sta-
(hall be obliged to ferve in the office of CiOwlable 5 any law, ufage. or cuftom, to the contrary notwith-
ftanding.
VI. And be it further enaBed, That any one Juftice of the Peace of the county (hall, and he is hereby Justice to ad-
impowered to adminifter to the feveral conftables hereafter to be appointed in bis county, the oathdire<Sl- minister the
ed by this aft for their qualification.
VII. And be- it further enaEledby the authority aforejaid. That upon the death or removal of any Conftable On death or re-
out of the diftrid for which he was appointed conftable, it (hall and may be lawful for the Juftices of the '^^^^^ °^ ^°"-_
county court, in which fuch diftrift (hall be, or any one of them, to appoint and fwear another perfon, to to appoint "'^^*
be conftable in the room and ftead of the conftable dead or removing out of his diftridl: as aforefaid, who others, till t-^e
Ihall a<St until the next county court ; the Juftices of which court (hall then either continue the perfon ap- "'■^'^ <=ourt.
pointed as aforefaid, or nominate and appoint a new one.
VIII. And be it further enaHed by the authority aforefaid, That if any conftable to whom any precept is Constables re.
direfted by any Juftice of the Peace, (hall refufe or negleft to ferve fuch precept, he (hall, for every fuch ^°^^^l° \^l^,
offence, on complaint of the party profecuting, be fined, at the;difcretion of the court of which fuch Juftice fined%t'the
is a member ; to be paid to the complainant. discretion of
IX. And for the better executing any precept or mandate, in extraordinary cafes ; Be it euaSied by the '^e court.
authority aforefaid. That it (hall and may be lawful, to and for any Juftice of the Peace within For want of a
this government, to direft any fuch precept or mandate, in the abfence of, or for want of a conftable, to ^°^*d*^g^'ed7o
any perfon, not being a party, who (hall be obliged to execute, or endeavour, in the beft manner he can, g^y p^rsan, not
to execute the fame, under the like penalty any conftable (hall be liable to, by virtue of this adl ; to be re- apart/.
covered and applied as aforefaid.
X. And be it enaSted by the authority aforefaid. That every conftable within this province, appointed Constables' ex*
and qualified, as herein before is direfted, (hall be, and is hereby exempted from all provincial, county, «'H'"<''«'
48 1741. and parifh taxes, for himfelf only, and from vrorking on the roads, for and during the year he fliall bdJ
<-*nr»«J conftable ; any law, ufage, or cuftom, to the contrary, notwithftanding. <
RepeaUnjf XI. And be it further enabled by the authority aforefaid. That all and every other a£t and a£ts, and every^
causs. claufe and article of the fame, heretofore made, fo far as relates to the appointing of conftables, is and are '
hereby repealed and made void, to all intents and purpofes, as if the fame had never been made:
CHAP. 6,
An a& to improve and amend the nascji Ration of New river, in Ofjlow county, OBS,
CHAP. 7.
Rep. by pro-
clamation, but
re-enai9eclby
aa, 1756, 9.
Edgcomb esta<
blished.
Its boundsi
Cotamission-
eis.
County to have
a courr, and all
proper officers.
Proceedings of
the court here-
mfore, declared
valid.
Justices to lay a
tax, to build a
court-house,
&c.
CHAP. 8,
4n a£l to confirm and enB that part of the province of North Carolina, called Edgcomb county, into
a county, by the name of Edgcomb county, and for establishing the faid councy a pariJJi; and for
ascertaining the boundary line between the Northwefi and Society parijhes, in Bertie county.
WHEREAS the inhabitants of Edgcomb county, in this province, who are very numerous, labour '
under great hardftiips for want of reprefentatives in the General Aflembly of this Province ;
II. We pray that it may be ena<2ed, And be it enaStei by his Excellency Gabriel John/Ion, Ffq ,- Governor^
bvand with the advice and confent of his Majejly's cotfncil and General Affembly of this province, and ft is hen by
enaBed by the authority of the fame. That that part of this province now called Edgcomb county, be, and
is hereby eftablifhed a county, by the name of Edgcomb county, the bounds whereof fliall be as follow ;
beginning on Roanoak river at Jenkin Henry's upper corner tree, from thence a ftrait courfe to the mouth
of Cheek's mill .creek, on Tar river ; and from the fouth fide of the faid river, oppofite to the faid creek,
a ftrait line unto the Middle grounds, between Tar and Neus rivers; which ftiall be the dividing line be-
tween Beaufort, and Edgcomb, and Craven counties \ and from thence, up as nigh as may be, keep-
ing the middle between the faid two rivers, which fhall be the dividing Ijne between the counties of Cra-
ven and Edgcomb, and Beaufort : And the county courts of Craven and Edgecomb, are hereby impower-
ed, each of them, for their refpeftive counties; to appoint two commiflioners to run out the bounds or
dividing line between Craven and Edgcomb ; which line fq run out as abovefaid, and marked, ihall be the
dividing line between the faid counties.
III. \Obfolete.-\
IV. And be it further enaSied by the authority aforefaidy That the faid county {hall have Juftices of the Peace
and a county court, with the like jurifdi£lion with the courts of the other counties of this province } and
likewife, a Sheriff, a coroner or coroners, and all other officers incident to a county.
V. And whereas divers difputes have arpfe, touching the legality of the courts heretofore eftablifhed iii
the faid county, and touching the validity of the commiffion appointing a Shei[ift for the faid county ; which
have difquieted the minds of the inhabitants of the faid county ,•
VI. Be it therefore enaSled by the authority aforefaid. That all Judgments, executions orders, and
proceedings of tlte faid court, pronounced, iflued, and made, agreeable to the rules of law, and the exe-
cution of all writs whatfoeverj done according to law, and all other ads done by the faid ."^herifF, by vir-
tue of his office aforefaid, be, and are hereby confirmed and declared valid ; ajiy defedl in the order of
the {"overnor and council, m;ide for the eftablifliment of the aforefaid county, notwithftanding.
VII. And be it further enaBedby the authority aforefaid, That the Juftices of tlie faid county court, be. and
are hereby impowered, to lay a poll tax, on the inhabitants of the faid county, not exceeding the fum of
five (hillings, proclamation money, and to caufe the fame to be levied, in the manner other public taxes
are levied and coUedled, and with the faid tax, at fome convenient place in the laid county, at their dif-"
cretion, to ere£t a court-houfe, prifoti, and ftocks ; and likewife, at all times hereafter, as often as the
faid court-houfe or prifon ftiall be out of repair, to lay a poll-tax on the faid inhabitants, not exceedir^
fuch fum of money as ftiall be neceflary for repairing the laid buildings.
The 8, 9, 10 £5" 1 Ith clauses, relating to the concerns ofparifbesy are therefore omitted.
An aSl to prevent flealwg of cattle and hogs, and altering and defacing marks and brands, and mismarking an4
tnifbranding horses, cattle and hogs, unmarked and unbranded.
WHEPEAS many wicked men in this province, being too lazy to get their living by honeft labour,
make it their bufinefs to ride in the woods and fteal cattle and hogs, and alter and deface the
marks and brands of others, and mifraark and miftjrand horfes, cattle, and hijgs, not marked or branded :
And whereas the laws in force in this province are, by esperience, found not to be fufficient to remedy,
thofe evils ;
II We pr-'Y diat it m' y be tyiaaed ,4ndhe it. enaB^d iji his Excellency Gabriel yohffion, &q. Gwernor, 1 74 1 . 49
i» end ivith the advice aid conf^nt of his Mafejlfs Council and the General Afjemhly of this province, and it is *„^v^J
hereby enaBed by the authority of thefame^ that if any free perfon or perfons (ball fteal any neat cattle or
W or ftiali alter or deface the mark or brand of any other perfon or perfons horfe, neat cattle or hog,
fuch perfon or perfons, being thereof lawfully conviaed, (liall, for every neat cattle or. hog he or they Persons siea'l.
fhall fteal • or for every horfe, mare, colt, neat cattle or hog, whofe mark or brand he or they (hall alter ing cattle, or
or deface,'over and above the value of fuch neat cattle or hog fo ftole j or for every horfe, mare, colt, ;;;;;^;;^^,;;,^f4e3
neat cattle or hog, whofe mark or brand he or they (hall alter or deface ; forfeit and pay the turn of ten UaWe to.
pounds, proclamation money ; to be recovered by aflion of debt, in any court of record within this
province ; wherein no effoin, injunaion, proteaion, or wager of law, (hall be allowed or admitted of.
by the owner of fuch horfe, mare, colt, neat cattle or hog. that OiaU be fo ftolen, or the mark or marks
brand or brands, fo altered or deifaced, provided he profecute for the fame within fix months after difco-
very of the faa committed ; and after that time, any perfon may, as well as the owner, fue for and reco-
ver the fame, provided fuch profecution is comnvenced within one year after difcovery of the faa com-
mitted j and the o(Fender (ball, over and a^ove the faid fine, receive forty laflies on his bare back, well
laid on ; and for the fecond oiience, (iiall pay the fine above mentioned, and (land in the pi lory two
hours, and be branded in the left hand, with a red hot iron, with the letter T: And if any perfon or
perfons (hall mifmark or mifbrand, any unbranded or unmarked horfe, mare Qr colt, neat cattle or hog,
not properly his or their own, he or they (hall forfeit and pay the fum of ten pounds, proclamation mo-
ney, over and above the value thereof, for every fuch horle, jnare, colt, eeat pattle -or hog, fo mifmarked
Oj mi&randed ; to be recpvered as afor^faid.
•III. And to prevent the concealing fuch offences, Be it emBed by the authority afore/aid, That if any P««o"s seeing
perfon or perfons (hail fee any other perfon or perfons committing any of the crimes aforefaid, and fhall discwwing "1°'
not difcover the fame, in ten days to fome MagKtrate, then, and in fuch cafe, fuch perfon or perfons, for to forfeit Si. '
jjot difcovering the faid crime, (hall forfeit the fum of five pounds, proclamation money, for every time he
(hall fee the faid crime or crimes, or any of them, committed ; to be recovered by any perfon or perfons
who will fue for the fame, by aaion of debt, in any court of record in this province j wherein no elToin,
proteaion, injunaion, or wager of law, fhall be allowed or admitted of.
IV. "And becaufe it is difficult to conviaf any perfon who has fe«n fuch crimes cominitted, if he will Evidence,
deny the fame i Be it further enaEledby the autk/rity afonfaid. That it (hall be fufRcient evidence to convia
any perfon who has feen any of the aforefaid crimes committed, if it be proved that he has told any o-
ther perfon that he did fee the faid crimes, or any of them, committed.
V. And whereas, by common cuftom in tliis province of killing of cattle and Tiogs in tl- e woods, great , Persons killing
opportunities are. given to fteal the cattle and hcgs of other people ; Be it therefore eraBeid hy the authority cattle or hogs
aforefaid, -Tljat if any perfon hereafter ftiall kill any one or more neat cattle or hogs in the woods, he fliall, g^'J]^^^''^''^
within two days, (hevt^the head and ears of fuch hog or hogs, and the hide, with the ears on, of fuch hide.
neat beaft or cattle, to the next magiftrate, or to two fubftantial freeholders, under penalty of (ive pounds
proclamation money, to be recovered, by any perfon who will fue for the fame, by aaion of debt, bill. Penalty,
plaint, or information, in any court of record in this province ; wherein no eflbin, proteaion, injunaion
or wager of law, fliall be allowed.
VI. And be it further enaBed by the authority q/erefaid, T^Tit every perfon in this province, who hath any Persons having
horfes, cattle, or hogs, (hall have an ear mark and brand, different from the ear mark and brand of all ""'e, &c. to
other perfons ; which ear mark and brand he fhall record with the clerk of tlie county where his horfes, bra^^reTorded.
cattle or hogs ate, if not already recorded ; and that he {hall brand all horfes with the faid brand, from
eighteen months old and upwards, and ear mark all his hogs, from fix months old and upwards, with Cattle, horses
the faid ear mark ; and ear mark or brand all his eattJe, from twelvemonths old and upwards, with the ^j^^^^'^^"
faid ear mark or brand : And if any difpute (hall arife about any ear mark or brand, the fame (hall be branded,
decided by the book of the clerk of the courfy court where fuch cattle, horfes or hogs are.
VII. And be it further enaBed by the authority aforefaid. That when any perfon fhall buy any neat cattle Personsgctting
from another, or come to the fame by gift, will or any other lawful means, that then, and in fuch cafe, ^"'fo'^brand'
the perfon who has gained the fame by any of the ways aforefiwd, (hall, within eight months, brand the the same with
aforefaid neat cattle with his own proper brand, in the prefence of two creditable witneffes, a certificate his own mark,
of which {hall be figned by the faid witne(rcs.
Vol. I. O
50 174 ] . VIII. And be it further enact^by the autbsrity afore/aid, That this a£t fhall be publicfcly react, by the clerk
v.^"v*o of every county court in this province, at leafl twioe every year, viz. at the firft court after Eafter, and^
This aa to be ^^^ ^'^^ court after Auguft, in the morning, on the fecond day of the court, in open court under penalty
»ead in court of twenty (hillings, proclamation money ; to be recovered by any perfon, by a w^arrant under the hands
twice a year. ^^iA feals of any two juftices of the peace of the county, to the ufe of the informer.
Srrange cattle IX. And he it further enacted by the authority aforefaid, That if any ftrange cattle (hall go into the cowpen
going to ary of any perfon in this province, the owner of that cowpen, if he refides there, or the overfeer or marr^
t^o'^ve' notice' S^'') '^vhere the owner does notrefide, (hall be obliged to give public notice thereof, by afhxing a note of
thereof, onpe- the flefii marks, and ear mark, and brand of all fuch ftrange cattle as (liall be at his pen, at the church
nalty of 12s. doors of the parilh where the faid cowpen is, or where there is no church, at the court-houfe door, in
one month after fuch cattle (hall come to his pen, under the penalty of twelve (hillings, proclamation
money, for every beaft that he (hall negle£l to give fuch notice of i to be recovered in the fame manner,
and to the fame ufe, as the fine laft mentioned. ' • ':■..■
Slaves stealin" X. And be it further enacted by the authority aforeJaid/Y\\-\\.\i any iiegro, Indian "or mulatto flare, (hall
or mismarking kill any horfe, cattle or hog, belonging to any perfon whatfoever, without the confent of the owner or
any cattle, &c. owners thereof, or (hall fteal, mifbrand or raifmark any horfe, cattle or hog, fuch (lave or (laves (hall,
iTabte to."* '^^ fo*" ^'^ fi"^^ offence, fufFer both his ears to be cut off, and be publickly whipped, at the difcretion of the
Juftices and freeholders before whom he or (he (hall be tried ; and for the fecond offence, fliall fufter
death: And the trial and convi£lion of the faid flave or (laves, (hall be in fuch manner as is preferibed by
an a£t of AlTembly, intituled. An act concerning servants and slaves.
XI. And be it further enaBed by the authority aforefaid, That all and every other a£l and afts, and every
claufe and article thereof, heretofore made, fo far as relates to the preventing the ftealing of horfcs, cattle
and hogs, and altering and defacing the marks and brands, and mifraarking and mifbianding the fame, or
to any other matter or thing whatfoever, within the purview of this a£l, is and are hereby repealed and
made void, to all intents and purpofes, as if the fame had never been made.
Kcpealing
clause.
CHAP. 9.
Sre afl, J,
1748, 5.
.Boundaries be^
tween Edg-
con-.b, TyrrelJ
and Beaufort.
Between Ty-
rell and Bean-
fort,
County court to
lay a tax, lode-
tray the char^
S'-'s of running
ibe boundarie».
An ad for afcertaining the boundary Urn between Tyre.ll and Beaufort counties, and between Edgcomb
cov77ty, and Tyrelland Beavfyrt counties.
WHEREAS difputes daily arife, between the inhabitants of Tyrell, Beaufort and Edgcomb counties,
by reafon the boundary line between Tyrell and Beaufort counties, and between Tyrell and Edg-
comb counties, are not fufficiently afcertamed and known ; by means of which tmcertaiuty, tlie inhabitants
within the difputed bounds refufe to pay their public and pariJh levies to any of the colleftors of the faid
levies of either of the faid counties .- For remedy whereof ;
II. We pray that it may be enaiSed, And be it enacted by his Excellency Gabriel JohnJIony Efq ; Governor ^
by and ivith the advice and confent of his Majejl/s council and General Affemblyof this province, and it is hereby
enaSied h the authority ofthefamey That each of the county courts of Tyrell, Edgcomb and Beaufort, (h^ll
appoint one perfon, who (hall fettle and run the boundary line between Tyrell and Edgecomb counties, and
between part of Edgcomb and Beaufort counties, in manner following -, that is to fay, the faid Commiflion-
efs (hall begin at the upper corner tree of Jenkin Henry's line, on the South (ide of Roanoke river, and
from thence, run a direft line to the mouth of Cheek's mill creek, on Tar-river ; and the faid commifTion.
ers, as foon as the faid line is finiOied, (hall, under their hands, return the courfes thereof into each of the
courts of the aforefaid counties, which (hall be recorded by the clerks of the faid feveral courts : and the
faid line fo run, (hall, for ever after, be deemed the boundary line between Tyrell and Edgcomb counties,
and between Edgcomb and Beaufort counties, from Tyrell county as far as Tar-river.
III. And be it further enaaed by the authority aforefaid, That the flat fwamp which, heretofore, was the
boundary o~f Albemarle and Bath counties, fliall, to the head of the faid fwamp, and from the head there-
of;-by a direa line to the aforefaid line between TyreU and Edgcomb counties, for ever be the boundary
line between Tyrell and Beaufort counties. , , » r «, r
IV. And for defraying the charge of running the faid line, Be it further enacted by the authority afore.
/flii,That each of the county courts of Beaufort, TyreU and Edgcomb, be, and are hereby irapowered, to
lay a poll-tax, not exceeding the fum of four pence, proclamation money, per tithable, upon the inhabi-
tants of their refpeaive counties, and (hall caufe the fame to bs levied in the fame manner the public tax-
es are levied ; and (hall, out of the money arifmg, by the faid tax. pay and fatisfy Uieir refpettive com^
•finflioners, for their trouble and charges expended, in running the aforefaid boundary lines •• and after pay- 1741. 51
ing and fatisfying the commiffioners for tlieir trouble and charges, each county court Ihall apply the mo- V*<nr*J
ney remaining, if any be, to the ufe of the county where fuch tax is coUe£ted.
jiu a£f to enlarge the time J or enrolling of lands in the auditor's office ^ and proving the quiet pojfeffions of lands for CHAP. 10,
ttuenty years pfji^ and upiuards. OBS.
An aSlfct rejlraining the ticking ofexce/Jlve ufury. CHAP, 1 1.
FORASMUCH as the fettling of interell at a reafonable rate, will greatly tend to the advancement of
trade, and improvement of lands, by good hulbandry, with many other confiderable advantages to
this province : and whereas divers perfons of late, have taken great and exceflive fums for the loan of mo-
iiey, goods, and merchandizes, to the great difcburagement of induftry, in the hufbandry, trade, and com-
mence of this province :
li. We pray that it may be erta^bed. And Sett eftaSledhy his Excellency Gabriel Johnjlotty Efq ; Governor^ Nor.etotake
by and -with the advice aud coftfent of his Hajeflfs council^ and General AJfembly, of this province y and it it hereby pe°'ceiu!"
enaSted by the authority of the fame. That lid perfon or perfons whatfoever, from and after the firft day of
May, which (hall be in the year of our Lord one thoufand feven hundred and torty-one, upon any contra*^:
to be made after the faid firft day of May, ftiall, dire6tly or indiredlly, take, for loan of any monies, wares,
merchandizes, or commodities whatfoever, above the value of fix pounds, by way of difcount or intereft,
for the forbearance of one hundred pounds, for one year, and fo after that rate for a greater or lefler fum, P«"*"y«
or for a longer or ftidrter time,- and that all bonds, contrafls, and aflurances whatfoever, made after the
time aforeiaid, for the payment of any principal or money to be lent, or convenanted to be performed, up-
on or for any ufury, whereupon or whereby there fliall be referved or taken above the rate of fix pounds
in the hundred, as aforefaid, Ihall be utterly void : and that all and every perfon or perfons whatfoever,
which, after the time aforefaid, upon any contraiEl to be made, after the faid fit ft day of May, ftiall take
accept, j^id receive, by way or means of any corrupt bargain, loan, exchange, fhift, or intereft, of any mo-
nies, wares, merchandizes, or other thing or things whatfoever, or by any deceitful ways or means, or by
any difcount, covin, device, or deceitful conveyance, for the forbearing or giving day of payment, for one
whole year, of or for their money or other thing, above the fum of fix pounds for the forbearing of one
hundred pounds for a year, and fo after that rate for a greater or lefler fum, or for a longer or fh^i-ter time,
(hall forfeit and lofe, for every fuch offence, the double value df rhe monies, wares, merchandizes, and o-
ther things fo lent, bargained, exchanged, or ftiifted ; the one moiety of all which forfeitures to be to our
fovereign Lord the king, his heirs and fucceflbrs, for and towards the fupport of this goverrtment, and the
contingent charges thereof, and the other moiety to him or them that will fue for the fame, by aftion of
debt, bill, plaint, or information, in any court of record within this provuice ; wherein no eflbin, protedti-
pn or wager of law, fliall be allowed or admitted o£,
An a& to prevent tht taking ,aviay htatsy coftoes or petttaguas,from landings^ or elfewherey tmtBout leave, chap. 15,
I. fT^O prevent taking boats caiioes and Pettiaguas, ftrom landings, or elfewhere, without leave ; ^^^
1 II. We pray that it may be enaded. And be it enaSled, by his Excellency Gabriel Johfion, Esq ; Go- persons taking
vtrnor, by and with the advice and confent of his Maje/ly's Council, and General Affembly cf this province, and boats, &c.
it is hereby enaSled, by the authority of the fame. That any perfon or perfons who, after the ratification of
thisa£t, ftiall take away from any landing or other place where the fame ftiaU be, any boat, canoe or '^®"^'y' -
pettiagua, belonging to, or in the cuftody of any perfon whatfoever, Mrithout the confent and leave of the
owner or pofieflbr of fuch boat, canoe or pettiagua, or ftiall loofe, unmoor or turn fuch boat, canoe or
pettiagua adrift, fuch offender or offenders (hall feverally forfeit and pay, to the party who fhall own, or
in whofe cuftody and pofTeffion fuch boat, canoe or pettiagua was, the fum of twenty fhillings, procla-
mation money ; to be recovered by a warrant from any Juftice of the peace within the county where the
offence fhall be committed, who is hereby impowered and required to hear and determine all fuch offen-
ces : And if any offender or offenders fliall, after convi£lioi1, negle£l or refufc to pay the faid fum of Offender corn-
twenty fliillings, proclamation money, in fuch cafe, it fhall and may be lawful for the faid Juftice, by his mined,
warrant, to commit fuch perfon to the Jail of the county, where he ftiall remain until he fliall have paid
the fame, and the accruing cofts.
C2 1741. III. Providtd always^ That nothing in this a£J: ihall be underftood or cpnUrued to debar any perfon-
l,^*ir«0 from his or her action at common law, for any damage fuftained, by reafon of any boat, canoe or pet-
Not to debar tiagua, to them belonging, fo taken or unloofed, unmoored or turned adrift, from any landing or other
from'hiVaaion. P^^^^ where the fame was left, againft any perfon whatfoever, notwithftanding fuch pcrfon Ihall have
paid the penalty by this adt inflided ; any thing herein contained, or any law, ufageor cjiflom, to the con- '
trary, notwithftanding.
Servant or slave IV. And be it further ena8ed by the authority c/or^/Jw'd', That if any white fervant, negroe or (lave, fhall
^^'^j"^'"S' *° ''^ offend againft this a£t, and be thereof convided, andthemafter, miftrefs or owner, of fuch white fer-
vant, negroe or Ikve, {hall refufe to pay the faid fum of twenty {hillings, proclamatipn money., fuph
fervant or flave {liall fufFer corredlion) by whipping, at the difcretion of the Magiftrate, hot exceeding
thirty nine Ia{hes.
Not to extend V. Provided always^ and be it ena^edjTiiit neither thisaO:, nor the penalties thereof, {hall be conftrued to
to persons extend to any perfon who {hall prefs any boat, canoe, or pettiagua, by public authority, or to any perfon
brau'thority, or ^^° ^^^' ^^^^^ ^^^ °^" proper boat, canoe or pettiagua, or to any other perfon or perfons, being lawful-
proper owners, ly impowered £o to do by the owner, from any place or landing, or from any perfon in whofe cuftody he
fliall find the fame, or to any fervant or {lave taking any boat, canoe pr pettiagua, from any landing or
other place, by order of his or her mafter, miftrefs or overfeer.
Master order- VI. And be it further enaSted, That if any mafter, miftrefs or overfeer, fh»ll order any fervant or {lave,
ing servant or belonging to them, or under the care of any of them, to take from any landings j>r other place, any boat,
slave to take c^noe. Or pettiagua, contrary to the intent and meaning of this a£t, fuch mafter, miftrefs or overfeer, of ;
ble^ ssf . la- fu^h fervant or flave fp offending, {hall be liable to the forfeitures and penalties of this aft, as if they, 'jri ;
their proper perfon, had done the fame j any thing herein before contained, to the contrary, notwith-
ftanding.
Repealing VII. And be it further ena^ed by the authority aforefaid^ That all and every other a£l: and a£ls, and eve-
clause. ^ claufe and article thereof, fo far as relates to prevent the taking boats, canoes or pettiaguas, from land-
ings, or elfewhere, without leave, is and are hereby repealed and made void, to all intents and j»uTpofes,
as if the fame had never been made. . '
CHAP. li. An actfor tke better obj'trvation and keeping of the Lord's day, commonly called Sunday % and J or the
more effectual J up presiion of V7ce and immorality.
Vol. 2. 140. ICTf THEREAS in well regulated governments, effeftual care is always taken, that the day fet apart
W for public worftiip, be obferved and kept holy, and tP fupprefs vice and immorality : Where-
fore, is;
No person to IL We pray that it may beenafted, lAnd peit enaBed, byhis Eptcellency Gabriel fohrilfany £sq', Gbvcm-
do an) work or^ by andtvith the advice and confent of his Majejl^'i Council and General Aisetnhly of this province, and it is .
Lord's day hereby enaSed, by the authority of the same. That all and every perfon and petfohs whatfoever (hall, on the '
Lord's day, commonly called Sunday, carefully apply themfelves to the duties of reli^on and piety ; and
that no tradefman, artificer, planter, labourer or other perfon whatfoever, fliall, upon the land or wa- '
ter, do or exercife any labour bufinefs or work, of their ordinary callings, (works of neceffity and charity ;
only excepted ;) nor employ themfelves either in hunting, li{hing or fowHng, nor ufe any game, fpbrt or !
play, on the Lord's day aforefaid, or any part thereof, upon pain that every petfon fo offending, being of the
age of fourteen years, and upwards, fliall forfeit and pay tke fum of ten fliillings, proclamation mo^ :
Persotis swear- ney.
jng in the hear- jij, _^„j ^g it further enaBedby the authority aforefaid, f hat if any perfon or perfons fhall prrofanely fwcar
tire."^*"^"^' **' curfe, in the hearing of any Juflticeof the Peace, or fhall bt convl£ted of profanely fwearing and curfmg
by the oath of one or more witnefs or witneffes, or coiifeffibn of the party bpfore any Juftice or Jufticeis
Public officer of t^^e Peace, every fuch offender {hall forfeit and pay the fnm of two flullinps and fix pence, of the like
convifledofthe money, for every oath or curfe : and if any perfon, executing any public office, {hall profanely fwear or
same. curfe, being firft convlfted as aforefaid, fuch perfon fliall forfeit and pay the fum pf five {hillmgs, of the
like money, for each and every path or curfe.
Persons sweat- IV. And be it further enacted. That if any perfon or perfons fliall profanely fwear and cutfe, in the pre-
ing in the pre- fence of any court of record in this government, fuch offender or pffendcrs ihall immediately pay the fiim
tenceofacourt. ^f ten ftiillings, of the like money, for each and every oath or curfe ; to be depofited in the hands of tile
chairman of tlxe faid court, and by him accounted for and paid, as herein after is direded j or to fit in the
flocks, not exceeding three hours, by order of fuch court.
IV. jindheitfitrtker enacted by the authority aforefa'iJ,"lhit every pcrfon conviaed of drunker.nefs, by 1741. S3
'Vlewofany Jufticeof th''p'>3C'»j confeffion of the party, or oath of one or more witnefs or witnefies, »— ->(«*->
fuch peilon fo comriacd, {hail, if fuch offence was committed on the Lord's day, forfeit and pay the fum P-^-f'^'jIS
of five Ihillings, of the like iponey \ but if on any other day the fum of two Ihilhngs and fix pence, for ^^^
eac^i^an^cvuy^^^^ better execution oi' all and every of the foregoing orders, 5^ it further enacted. That all Justices power
and every Juilice and Juftlces of the t>eace, within his or their refpeaive county, fhall have ful power and J^.^'j^^'/'^fl,,^.
authority, to convene before him or them, any perfon or perfons who fhall ofFend m any of the particulars ces against ihi?
before mentioned, in his or then hearing, or on other legal conviaidn of any fuch offence, and to impofe aa.
thte faid fine or penalty for the fame, and to reflrain or commit the offender until it be fatisfied, or to caufe
the fame to b,^ levied by diftrefs and fale of the offender's goods, returtiing the ovM|jlus, if any, to the own-
er : and in cdfe any fuch offender be unable fo fatisfy fiich fine, to caufe hitn W b6 put m the llocksi not
^^VIL "prJSrfX^/, That all infoTmations againflt the aforfefaid offences, Ihall be Made within ten dajrs J;"jJ"^^2^"
ifler fuch offence or offences committed, and not after. , , 4 ,,. ., '».
VIII. And bfitjurther enaBedhy the authority aforejaid. That all fines aCcruitig and bfecdminfe diie by vit- l^^^^^^l Jj
jtue of this aa, (hall be levied as foon as may be after conviaion, one half to the informer, the othfer half ^^^^
to the ufe of the parifii where fuch offence {hall be committed i and the chairman and Juftices of thri fe-
veral courts of the feveral counties of this province, are hereby direded to nccount for, Upon oath, and pay
fuch fine or fines as (hall or may by them, or any of .them, be received, by virtue of this ad, io the church-
wardens of the refpeaive parifties of this government, at leaft once a year, when the fame (hill bfe derhand-
ed by the churchwardens under the penalty of paying the fum of twenty pounds, proclamation money,
for every refufal, to t)e levied and applied as aforefaidl Pp„„„, r>>«
IX. And be it further enaaed by the authority aforefaid. That if aiiy perfori cotnmit fornicatiofi, upon dUfe ^^^^^^^ ^^^^^
conviaion, each of them (hall forfeit and pay twenty five fhillings, proclamation money, for each and e- eation^ to for.
very fuch offence ; to be recovered, and applied to the fame ufe, ds the othet fines in this aa. feit 258,
X. ' And be it further en^ctedy That any two Juftices of the Peace, upon their o^n knowledge or itiforma- Single women
tion made to them, that any (ingle woman within their county is big with child, or delivered of a chiid or °^lf|*^'p ^„j
children, may cause fuch woman to be brought before them, and examine her, upon oath, concerning the refusing to tell
father \ and if fhe (hall refufe to declare the father, (he (hall pay the fines in this aa before mentioHed, the father, to
and give fufTicient fecurity, to keep fuch child 6x children from being chargeable to theparifh, or (hall be P^y "j^""^'^.^,
committed to prifon, until (he (halj declare the fame or pay the fine aforefaid, and give fecunty as afore- ^^^^
faid : but in cafe fuch woman (hall, upon oath, before the faid Juftices, accufe any man of being. the fa- ^^^ declares
ther of a baftard child or children, begotten of her body, fuch perfon fo accufed, fhall be adjudged the re- ,t,e%^,i,gr ,,c
puted father of fuch chi'd or children, and ftand charged with the maintenance of the fame, Ss the county ghaii give secu-
court (hall order, and, give fecurity to the Juftices of the faid court to perform the faid order, and to indem- rity.
nify the parifh where fuch child or children fhall be born, free from charges for his, her or their mairite-
/lance, and may be committed to prifon until he find fecurities for the fame, if fuch fecurity is not by the
woman befqre given. . l,- j lustkestotjind
XI. And be it further enaBed^ That the faid two Juftices of the Peace, at their difcretion, may btnd,to \^^ ^^^^^^
the next county court, him that is charged, on oath, as aforefaid, to have begotten a baftard child, which charged with
fhall not he then born ; and the county court may continue fuch perfon upon fecurity until the woman ftiall being the fa-
be delivered, that he may be forth coming when the child is born. J^'*
XII. And be it further enaBed by the authority aforefaid. That this aa (hall be publicly read, two feveral Th^s afl to be
times in the year, in all parifti Churches and Chapels, or for want of fuch, in the place where divine fervice
is performed in every parifii within this government, by the minifter, clerk or reader of each parifti, imme-
- diately after divine Xervice,- that is to fay, on the firft or fecond Sunday in April, and on the firft or fecond
Sunday in September, under the penalty of twenty ftiilHngs, proclamation money, for every fuch omiffion
or neglCja ; to be levied by a warrant from a Juftice, and applied to the ufe of the parifh yhere the offence
fhall be committed j and the churchwardens 9f every parifti are hereby required to provide a copy of this
aa, at the charges of the pari(h.
XIII. Provided al-waysjThzt nothing herein contained ftiall be conftrned to exempt any clergyman with- Clergymen fur.
in this government, who ftialibe guilty of any of the crimes herein before mentioned, from fuch further therbabie.
Vot.I. P W
5if 174-!. punHhn>ent ns might have been influnied on him for the fame, before the making of this a£t ; any thing
i-*«-v-»»J herein contained to the contrary notwithftanding,
RepeXifig XIV. yind be it further cnaEted by the authority aforefa'^dy That all and every other a£l: and a£ts, and ever^^.
clause, claufe and article thereof, heretofore made, fo far as relates to the fuppreiTion of vice, or reftraiiit and puiiil
ifliment of wicked and diflblute perfons, or any matter or thing, within the purview of this aft, is and ar^
hereby repealed and made void, to all intents and purpofes, as if the fame hud never been made.
CHAP. 1 5. An aEifor the trial' of fmdlt and mean caufes^
Provided lor by subsequent a£ls.
CHAP. 16. An a3 for afcertaining the damage upon prote/kd bills of exchange.
Proteste<I bills ^' XT*^^ afcertaining the damage upon protefted bills of exchange, we pray that it may bo enafted,
to carry inter- X? And be it enaSled by his Excellency Gabriel Johnjlon, Efq ; Governor, by and nvith the advice and con-
est from the fgnt of his Majiflfs council and General Affemhly of this province, and by the authority of the fame, That where-
Wner" en: ' ^"Z ^^^' of exchange is, or fliall hereafter be drawn, for the payment of any fum of money, in which the
value is or (hill be exprefled to be received, and fach bi;i i^ or fliall be protefted, for non-acceptance or
*Asta'nlmidbi!U non-payment, the fame fliall carry intereft from the date thereof, after the rate of ten per cent, per a,i-
Zee Vj. 2, 97. num, until the money therein drawn for, ftiall be fully fatisSed and paid^
Interest allow- H. But leafl; any perfon having any fuch bill, fliould, for the fake of the intereft, delay negociating the
cd but 18 fame, or if, after it fhall be protefted, fliall not demand payment thereof of the drawer or indorfer, ;'/ isfur-
Wll"'rcsented^' *^*' ^"'^^^^ and declared. That no perfon whatfoever fliall pay more than eighteen months- intereft, from the
2tc. ' date of any fuch bill till it fliall be prefented protefted to the drawer or indorfer thereof.
15 per cent, al. HI. And be it further enaSied by the authority aforefaid. That where any bill, drawn hefore the making of
loweJ for da- this a£l:, or which fliall hereafter be drawn, is or Ihall be protefted as aforelaid, there fhall be paid untc
mase, with ^^^^ perfon or perfons as fliall have right to demand the fame, for his, her, or their damage in that behalf ,
fuftained, after the rate of fifteen per cent, for the fum exprefled in the faid bill,. together with the coft&. I
and charges of the proteft, and no more. ;
Anions IV. And be it further enacted by the authority aforefaid. That it fliall and may be lawful for any perfon or
brought against perfons liaving a right to demand any fum of money due upon a protefted bill of exchange, to commence.
dor^rf"ntl'y" ^"^ profscute an adlion for principal, intereft, and charges of proteft, againft the drawer and indorfers
cr separately. ' jointly, or againft either of them feparately, and judgment fhall and may be given for fuch principal draught
and charges, and intereft, after the rate o^ten per cent, per annum, as aforefaid, to the time of fuch Judg-
ment.
Repealing V. And he it further enaSed by the authority aforefaid, That all and every other a6l and a£ts, and every claufe.
clause. and article thereof heretofore made,, fo far as relate to any matter or thing whatfoever within the purview
of this a£l, is and are hereby repealed and made void, to all intents and purpofes, as if the fame had never
been made.
CHAP. 1 7. '"^^ aBfor regulating weights and meafures.
WHEREAS many notorious frauds and deceits are daily committed, by falfe weights and meafures ^
For prevention whereof.
Weights and II. We pray that it may be enafted^ And be it enaSled, by his Excellency Gabriel Johnjlon^ Efq ; Governor,
cordm"^^* ^"^ by and with the advice and confent of his Majeflfs council and General AJfembly of this province, and it is hereby
»tanaa?d°£ic, enaEiedby the authority of the fame. That no inhabitant or trader fliall buy or fell, or otherwife make ufe of in
trading, any other weights or meafures than are made and ufed according to the ftandard in his Majefty's
exchequer, and the ftatutes of England in that cafe provided.
Justices to pro- III. And for the difcovery of abufes> Be it further enailed b^tke authority aforefaid. That the Jufti-
weiRhT^^d'^ ces of each and every county within this government, fhaU, within two years next after the ratification of
measures, and '^is a£l, at the charge of each county refpetlively, provide fealed weights, of half hundred, quarters of
a keeper. hundreds, half quarters of hundreds, feven pounds, four pounds, two ppunds, one pound, and half pound ;
and meafures, of ell, and yard, of brafs or copper and meafures, of half bufliel, peck, and gallon, of dry
meafure ; and a gallon, pottle, quart, and pint, of wine meafure \ (for the payment of which charge the
faid Juftices are hereby empowered to levy a tax on their refpedtive counv.es, to be kept by fuch perfon,
^Hid in fuch place, as the Juftices of each refpcdtive county fliaU appoint, fuch perfon firft giving fulEcient
fecurity to the fciid Judices, in the fum of fifty pounds, proclamation money ; And the faid Juftices fliall 1741. 55
alfo find and provide for the faid perfon, a ffamp for brafs, tin, iron, lead, or pewter weights, or meafures, u««-\-«J
and alfo a brand for wooden meafures, of the letters N. C, upon pain of forfeiting and paying the fum of ^ stamp and
ten pounds, proclamation money, to be recovered from the faid Juftices, by aftion of debt, bill, plaint or '"^*°'''
information, in the General court of this province, a;id apphed to the ufe of our fovereign Lord the King
for and towards the fupport of this Government, and the contingtnt charges, thereof,
IV. And be it further enaSled by the authority aforffaidy That any perfon whatever ufing weights or mea- Who shall try
fures, (hall bring all their Meafures and weights to the keeper of the ftandard of the county where fuch *""? ^'"""'P "'*
perfon (hall refide or trade to be there tried by the ftandard, and fealed or ftamped : And if any perfon or mewil'eB^'^
perfons fhall buy, fell or barter, by any weight or meafure which fliall not be tried by the ftandard, and feal-
ed or ftamped as aforefaid, he, Ihe or they fo offending, (hall, for every fuch offence, forfeit and pay the ^^'sons selling
fum of ten pounds, proclamation money, one half to the ufe of the county where fuch offence ftiall be com- w^nu?^''
mitted, and the other half to the party who ftiall fue for the fame \ to be recovered in any court of record sures.to forfeh
in this government, wherein no effoign, protection, privilege, injunftion or wager of law, fliall be al- ^°'*
lowed.
V. And whereas Steelyards, by ufe, are tubjeft to alterations, Be it further enabled by the authority aforefaidy Steelyards to be
That all and every perfon who (hall ufe, buy or fell, by Steelyards, ftiall, once every year, try the fame with •"«'* °"<=e a
the Sandatd, and take a certificate from the keeper of the ftandard for the county wherein fuch perfon ftiall ^^'"''i ^"^^ °"
refide, upon pain of twenty fliillings, proclamation money ; to be recovered and applied as aforefaid. ^^^ ^ ° '"
VI. Repealed y Vol. 2, 48.
VII. And be it Jurther enaBedhy the authority aforefaidy'Vhzt the ftandard-keeper of each and every county. Standard !:eep-
fliall, at the next court to be held for the county in which he fliall refide, take the following oath, viz. 1^'* **^' ^''^^'
« 'XT'OU fliall fwear, that you will not ftamp, feal or give any certificate, for any fteelyards, weights or y" ..
j[ « meafures, but fuch as fliall, as near as poffible, agree with the ftandard in your keeping ; and
««that you 'vVill, in all refpe£ts, truly and faithfully difcharge and execute the power and truft by this zSt
** repofed in you, to the beft of your ability and capacity.
SO HELP TQIT GOD.
.' VlII. And be it further enalEled by the aUthoritf aforefaid, That the ftandard-keeper of each and every county „ V
111' this government, is hereby impowered and required, with the affiftance of a conftable (vvho is hereby er ^wl^h'^a Con-
Gomm^nded, upon notice, to attend him, upon information made to him of any perfon or perfons keeping, stable, may
or having in his or their houfe or cuftody, any fteelyards, weights or meafures, which have been altered,^^*'"'^*' ^"^P®"^-
leflened or fliortened. fince they were tried and fealed by the ftandard, or fliall be fufpeded of buying, fel- ^^ ^°"*^»'
ling or bartering by fuch falfe weights and meafures,) to fearch the hnufes or other fufpeded places of proceedings.
fuch offender, for any fuch weights or meafures fo falfified ,• and if, upon fearch, any fuch falfe weights or
meafures fliaUbe found, he fliall charge a conftable with the owner of them, or the perfon ufing them, who
fliafl forthwith convey him, her or them^ before any Juftice of the Peace, who is hereby dire£led to bind
him, her or them, over to the next court to be held for the county where the offence fliall be committed j
and the faid offence ftiall be laid before the Grand Jury,, by the King's Attorney-General, or his Deputy,
and for want of them, by any perfon the county court fliall think fit to appoint, and fliall be cognizable by
the faid grand J^ry, either by indidment or prefentment j and if, upon trial by a Petit Jury, fuch offend-
er or offenders ftiall be found guilty, the county court fhall fine each and every perfon fo convifted
in any fum not exceeding twenty five pounds proclantiation money; one third part thereof to the
informer, one third part to the ftandard-keeper, and one third part thereof to be paid to the
Juftices of the county, to be applied to the ufe of .the county where the offence fliall be committed ;
and fliall commit the offender to jail until the fame fliall be paid : And further, if it appear fo the county hLwe'rht^"^
court, by the verdid of the Petit Jury, that the offender altered, leffened or fliortened his or her fteelyards, wHhtme« to^*
weights or meafures, or caufed the fame to be done, or ufed fuch fteelyard's, weights or meafures knowing- defraud, be-
ly, after they were fo altered> Jeffened or fliortened, with an intent to defraud any perfon, in fuch cafe the thl^fi^^^'"^
court fliall, befides, and notwithftanding the faid fine, fentence fuch offender to ftand publicly, during the stand"ki the
fitting of the Court, two hours in the pillory, with his offence written over his or her head ; any law, cuftom p llory 2 hours,
or ufage to the contrary, notwithftanding.
IX. And be it further enadted by the authority aforefaidy That the Naval officer of each and every port with- Nj>al-officer to
in this govCTJiment, fliall aflix up» in- a public part of his office, and there conftantly keep affixed, an ad- set up an adver-
vertifement of this aft, that traders coming into this government may have notice thereof, upon pain of for- ''cement of this
56 1741 . felting five (hillings proclamation money, for every tirenty four hours the ^ame fliall be n«g1eaed ; to be
J-^ recovered, by a warrant from anv Juftice of the Peace, of the county where the offence (hall be commi«ed.
^^ by any perfon who (hall fue for the fame, and applied, one half to die informer, and the oth^r half to the
ufe of the faid county. .-,-„». n- r ». r n.- i n, n
Justices m.y X. And ie tt further enacted, by the authority aforefaid, That the Juftices of ev«ry county refpeaively, {hall
lake county u^,,^ -^^^^^ to take and receiveinto their cuftody, all fuch weights and meafures as have been already pro-
v.eighTs and j » j refpeaivc county or pari(h, and (hall alfo demand and receive from all and every perfon or
rC^'cods perfons^whatfoever, all fuch fu'ms of money as have been already raifed to purchafe fuch weights and mea.
and receive all fyrgs, and difpofe of and apply tlie fame, according to the direaions ot this att. . « 'j
sums raised to ' . , ^j^ -^ . ^^^^ ^„^^;,^ 3. f^e authority afirelaid. That all and every other aa and aas, and every
I'eTehtVS claufe and artick thereof, heretofore made, fo far as relate to weights and meafures, or any other matter
bISLs or "hfng within the purview of this aa, is aud are hereby repealed and made void, to aU mtents aad purpo,
c\ause. fes, as if the fame had never been made,
CHAP. 18. An aafor huilding and maintaining of CourUoufes, prifins andjhcks in every county -within this province, and
^ ' appdintiner rules to each county prifon, for debtors. , ^ ^,
Hm k TTTE pray that it may he^Z.aeA,andbeitenaaed, by his Excellency G-*"'' >*«^'^' ^^^ ^^--^^ *;
irK VV andnvith the advice and con)ent of his Majejlfs council andthe General Affemblyof tb,s frovtnceyandtt
Justices tolay ,V& enaBedbythe authority of the fame. That the Jultices in all and every county or counties within th«
jTSrbuird/p^^SrwhereLreisnotfu^^^^^
ing court hou. J ^ ' fucceeding court of their refpeaive counties, after the ratification of this aa,to lay a fulficicnt
.es pnsons & fj^^ ^^^ inhabitants of their faid counties, not exceeding one (hilling, proclamation money, per poU.:
stocks. ^^;7^^P° „ f,, ^, building a court-houfe, prifon and (locks, or any fuch of them as (hall be wantuig ,
which levy (hall be paid and colleaed by the Sheri(Fof each county, m the fame manner as all other pub-
lic and plrift taxes Ld levies are paid and colleaed, and by him (hall be accounted fpr to the Juftices og
the county cpurt, upon oath 5 and tte faid Sheri(f fhaU be allowed three per cent, fgr coUedrng the
Justice, to en,- ^' n"* And be it further enabled by the authority aforefaid That the Juftices of each county (hall and «ay. f^mj
,lcy persons to ,;,"',, ^ime and at all times hereafter, employ perfons to keep and maintain the court-houfe, P"fon ^ni
be committed to the county prifoiis, the court (hall have ?»'?"'";""' ?'t\i"Ji| -"'jj J,eV, prifoner, '
libm,- .hoeot. and every prifoner givmg fuch fecunty as aforesaid, and keeping «'""™»' ^ „etfon therewith con.
and is hJre'by adjudged -d ledared to be ,0 >». »^»; P'/- ^ tor edTnirianSjV*. -4 i
Bounds record cemed may know the true bounds of the laid rules, ttie lame inan oc
**»• ^^- the marks diereof (hall, from time to ti.i«e, be ^enew^d, ?s occafion thaU jeqmre,
CHAP. 20. An aafor regulating ordinci. ies and for refirmt of tippHng-houfrs.
Rep 1758. io. irer. 8. 1779,10. Air<r.22 1798,18. /,«..^.%,«,.VA;« /A/c
proviucey negleBing toregijier thetr deeds or mcfne conveyances j or who, t/^rougrj ignor r &
had the fame acknowledged, pt oved and regiftered. ^ \„Au,uA An aa to abbmnt intblic re-
•v-m- -rHFR F AS hv an aa of the General Affembly of this province, intituled, /f« aCT toqppmm /ww'f /r
r>^:^re.Ti;;^i'rm"sroSi;ic'd™;nt^^^^^
fame was acknowledged by the vendor, pr proved, by one ©ir more evidences, upon oiath, either before the ITU. 57
Chief Jaftice for the time being or in the court of the precin£l where the land lay, within twelve months v.,*-v->0
after the date of the fame deed : and whereas feveral of the public regifters of the feveral counties of this
province, have neglefted to regifter feveral deeds or mefne conveyances, purfuant to the before recited
a£l, and feveral per^fons, through ignorance or neglefl:, have failed to prov, acknowledge and regifter, their
deeds or mefne eonveyances j and alfo, feveral perfons have recorded their deeds or mefne conveyances, in
the Clerk's office of the feveral precindls or counties in which fuch lands lie, believing the fame as effec-
tual as if tha faid deed or mefne conveyance had been regiftered in the regifter's office as aforefaid j where-
by feveral perfons' titles to their lands and tenements are become precarious, to the great prejudice of fuch
perfons : to the end therefore that all poffible relief may be given to the perfons whofe eftates, titles and
interells, may be affef^ed thereby ;
II. We ptay that it may be enaded. And be it ena&ed by his Excellency Gabriel Johnjlon^ Efq. Governor, '^^^'^^^ ^^^
iy and 'with the advice and confent of his Majejifs Council, and General AJfembly of this province, and it is here- ^^^' ^*"° '
by enaEled by the authority offhefatney That all deeds and mefne conveyances of land?, tenements and heredita-
ments, not already acktiowledged, proved and regiftered, by any negleft as aforefaid, the public regifter of
every county where fuch neglefl hath happened, ffiallregifter fuch deed or mefne conveyance, within twelve
months after the ratification of this ad i provided fuch deeds or mefne conveyences, be delivered to the
'{regifter of each county where the land lieth, within ten months after the ratification of the fame.
III. And be it further ena^ed by the authority aforefaid, Th^t 2i\l deeds or mefne conveymcesy which have Deetls register*
been recorded by the Clerk of any precinft or county court within this province where fuch lands lie, or y^ji^^,'^"^
have been heretofore regiftered by the publick regifter of any of the faid precinfls or counties within this
province where fuch lands lie, though not within one year after the date of fuch conveyance, fhall be ^ood
and valid In law 3 and all deeds and mefne conveyance^ hereafter to be proved, acknowledged and regifter-
jcd, in the manner as is by this a£t direfted, ffiall be good and valid, to all intents and purpofes, as if the As well those
faid deeds and mefne conveyances had been regiftered purfuant to the before-recited a£i ; and fuch regif- def'thi"/aa""*
try of all and every deed or mefne conveyance, already regiftered, or that hereafter ihall be regiftered, by
virtue of this or the before-recited aft, or a copy thereof, properly attefted by the regifter, fliall and may ^p^^^J^' °be
(where fuch original deed or mefne conveyance is loft,) be given in evidence in any court within this pro- given in evi-
vince, in fuch fuit or fuits wherein tliere may be occafion to give fuch regiftered deed or mefne conveyance dence.
in evidence ; any law, ufage or cuftom, to the contrary notwithftanding.
IV. And be it further enacted by the authority afore/aid. That every regifter that fhall negle^V, refufe or det- Register liable
lay to regifter any deeds, mefne conveyances or any other inftrumeats of writing, wilJiin two months after "* "^S «
delivered to him, fuch regifter pr regifters, for each and every two months fo neglefting, refufing pr de-
layingr, fhall forfeit and pay the fumof twenty pounds, proclamation money; one half to the ufeof the
parifh, and the other half to him or them that fliall fue for the fame, to be recovered by aftion of debt, bill,
plaint or information, in any court of record in this Government, wherein no effoign, injunction or wager
of law, fhall be allowed or admitted of.
AnaSfor punijlim(nt of defcTtirs, obs. €HAP. 22,
Jin aB for tJtabliJJiin^ the Church, for Appointing parifhes, and the method of eleBingvefjtries t, and CHAP. 23.
for direding the JittUment tf Parijh Accompts throughout this Governmtnt.faj
An aB concerningfervants andjlaves. CHAP. 2^
J. TT> E ^ tnaBed by his Excellency Gabriel Jehnjion, Mfq. Governor, by and uith the advice and confent of his Ante, p. 2l8
IJ Majedfs council and General Afembiy of this province, and it is hereby enacted by the authority ofthejame, ^^^3, 14,
, faj This aft, in Davis' edition, is said to bave been repealed, and from the nature of some subsequent ai9s, I presume it has
jTieen repealed by the King's proclamation, though I have no authority to assert it. But the objefls of this »&, in regard to vestries,
»nd the settlement of parish accounts, were provided for by aSs, Jar. 1764, ch- 2; Nov, 1768, ch. 2; ard March, 1774, cb. 7-
And see the following afls since the revolution, Nov: 1777, ch, 7; May, jl779, ch. 5; June, 1781, ch. 15; April, 1783, ch. 16 j
Nov. 1785, ch. 17, 18, 19; Nov. 1787, ch. 44. The est^lishraent,of,the church (if the above afl has net been repealed) was su-
perseded by the constitutiMi of 1776. Arid as to that part of the a<a concerning the appointment of parishes, I have considered all
such regulations as of too private a nature for this puWicntion; jior do J imagine, in case of a dispute, there could be any difficulty
in ascertaining the botmds of each.
Vol. I. Q
That no perfon whatfoever, being a chriftian, or of chnftian parenta;;e, who, from and after the ratification
of this aft, {hall be imported or brought into this province, (hall be deemed a fervant for any term of years,
unlefs the perfon importing him or lier ftiall produce an indenture, or fome fpecialty or agreement, figni-/
fying, that the perfon (o imported did contraft to (erve fuch importer, or his affigns, any number of years,
in confideration of his or her pafTage, or fome other confideration therein expreiTed : and upon any contelt
arifing between the mafter of any veflel, or other perfon importing any fervant or fervants, without inden-
ture, upon any bargain or fpecialty as afcrefaid, the fame fhall be determined at the next county court to
be held for the county where the faid fervant or fervants fhall be imported, the Juftices of which court are
tween IviMters ^^"'^'^7 empowered to hear and determine the fame, in a fummary way ; and fuch determination or judg.
and persons u}> ment ftiall be conclufive and binding on the importer or fervant or fervants, either for the difcharge of the
ptrted, how faid fervant or fervants, or to oblige him, her or them, to ferve die importer, or his affigns, as the matter
'"^'^^- Ihall appear.
Servants ab- II. And be it further enaBed by the authority aforefaid. That if any Chriftian fervant, whether he or (lie be [
selvte^ t'o ^"'' ^ fervant by importation, or otherwife, fhall, at any time or times, abfent him or herfelffrom tlie fervice j
double lime, °f ^"S or her mafter or miftrefs, without licence firft had, he or fhe fhall fatisfy and make good fuch lofs '.
^c. of time, by ferving, after their time of fervice by indenture or otherwife is expired, double the time of fer- )
vice loft or negle<fled by fuch ab fence; and a1fo fuch longer time as the county court lliall think fit to adjudge '
in confideration of any further charge or damage the mafter or miftrefs of fuch fervant may have fuftained,
by reafon of his or her abfence as aforefaid.
Disobedient HI. And be it further enacted by the authority aforefaid, That if any Chriftian fervant fhall lay violent handj
Uhed' '* ^""' on his or her mafter or miftrefs, or overfeer, or fhall obftinately refufe to obey the lawful commands of a-
ny of them, upon proof thereof by one or more evidences before any Juftice of the Peace, he or flie fhall,
for every fuch offence, fufFer fuch corporal punifliment ai.the faid Juftice fhall think fit to adjudge, not
exceeding twenty one lafhes. ,
Master to pro- IV. And as an encouragement for chriftian fervants to perform theii fervice with fidelity ami chearful- |
ri't/ '^^"^''*' nefs \ Be it further enacted by the authority aforefaid. That all mafters and owners of any fervant or fervants, ^
fhall find and provide for their fervant or fervants, wholefome and competent diet cloathing and lodging,
at the difcretion of the county court, and fhall not, at any time, give immoderate correftion, neither fhali,
whi ) '^ ^°' ^' ^"y time, whip a chriftian fervant naked, without an order from a Juftice of the Peace : and if any per- \
vauis naJjtdr f°" ^''^^ prefume to whip a chriftian fervant naked, without fuch order, the perfon fo offending, fhall for- I
feit and pay the fum of forty fhillings, proclamation money, to the party injured ; to be recovered, with |
cofts, upon petition to the county court (without the formal proceff of an aftion,) as in and by this a£l is \
provided for fervants' complaints to be heard and determined j provided complaint be made within fix months >
after fuch whipping. ^
Ju"t^ceb^may'' ^ ' "^"^^ "^ it further enaBed by the authority aforefaid^ That all fervants by indenture or otherwife as a-
biiid the mas- ^orefaid, fliall have their complaints received by a Juftice of the peace, who, if he find caufe, fhall bind the
t"" mafter, miftrefs or overfeer, over, to anfwer the complaint at the next county court ; and it fhall be there
determined ; and all complaints of any fervant or fervants fhall and may, either immediately, or as afore*
No formal pro- faid by virtue hereof, be received at any time, upon petition or information in the court of the county where-
in they refide, without the formal procefs of an a£l:ion ; and alfo full power and authority is hereby given \
to the faid court, at their difcretion (having firft fummoned the mafter, miftrefs or overfeer, to juftify
Maser not o- themfelves, if they think fit,) to adjudge, order and appoint, what fhall be neceffary as to diet, lodging, ;
der'of cc** '°'^" c^°^'^""g o^ correftion, and if any mafter, miftrefs or overfeer, fhall not thereupon comply with the or-
wtvant scld. ^^"^ °f ths f^'*^ court, the faid court is hereby authorifed and impowered, upon a fecond juft complaint,
to order fuch fervant or fervants to be immediately fold, at public vendue, by the Sheriff ; and after the
charges are deduced, the remainder of what the faid fervant or fervants fhall be fold for, to be paid to the j
owner.
If by s'fkncss VI. Provided always. That if fuch fervant or fervants fliall be fickor lame, or otherwife rendered fo in- A
Lc. he does not capable that he, fhe or they, cannot be fold for fuch value at leaftas fhall fatisfy the fees, and other inci- »
" charges, to ^^^^ charges accrued, the faid court fhall then order fuch fervant or fervants into the care of the church- •
be sent to the wardens of the parifh 5 and the mafter, miftrefs or owner, fhall provide the faid fervant or fervants with
Church war- fuch convenient neceffaries as they fhall diredl and judge fufficient for his, her or their fupport, until the
t edVor by'the' ^'"^^ ^"® ^7 ^^^ ^^°^^ ^^^^ fervant or fervants to their mafter, miftrefs or owner, fhall be expired, or until .'
master. fuch fervant or fervants fhall be fo recovered as to be fold, for defraying the faid fees and charges.
VII. ^«</^^ x^/«>'/^^''^«o^7fi, That the faid court, from time to thne, fliall order the charges of keeping 1741. 59
fuch fervant or fervants, to be levied upon the goods and chattels of the mafter or owner of fuch fervant or i-«'v^O
fervants in cafe they fhould negiefl or refufe to provide for the fame. Charges l.vied
VIII. And be it further enaBed bj the authority aforefaidy That all fervants aforefaid, whether by Inden- "" "'aster,
ture or otherwife, as well feme coverts as others, Ihall, in the like manner, (as is provided upon com- pUintrfortheir
plaints of mifufage,) have their petitions received in the faid County court, for their wages, freedom, wages, &c
and freedom dues, (in this a£t hereafter exprefled,) without the formal procefs of an adlion j and pro-
ceedings and judgment {hall, in like manner, be had thereupon.
IX. And be it further enaSied by the authority aforefaid. That no mafter or Miftrefs of any fervant or fer- Master dis-
vants, who {hall happen to be fick or difeafed during the time of their fervitude, and unable to perform charging sick
their daily labour, ftiall, upon any pretext whatfoever, remit to fuch fervant or fervants, any part of his, ^^"'*"^»"^
her, or their time, to be cleared of them, whereby the faid fervant or fervants may peri{h, or become a ing his rec Jve-
charge to the pari{h : And whofoever {hall hereafter offend herein, or {hall not ufe and endeavour all ""y. to forfeit 51.
lawful means for recovery of fuch their fervant or fervants as fhall happen to be fick or difeafed, during ^'^'
the time of his, her, or their lervitude, {hall forfeit, for each and every fervant fo turned off orneglefted,
five pounds, proclamation money ; to be levied by an order from the county court before whom the fa£l
fhall be proved, by the oath of one or more witnefs or witneiTes, and to be paid into the hands of the
churchwardens of that pari{h where the offence {hall be committed, and difpofed of towards the fupport
and maintenance of fuch fervant or fervants fo turned off or negle£bed, for the recovery of his, her, or
their health and ftrength; and fuch fervant or fervants fhall be, by the county court, or any two Jufli-
ces, during the time of their infirmity, ordered into the hands and care of the churchwardens of the
parilh in which his, her, or their mafter or owner {hall dwell : But in cafe fuch fick or difeafed fervant ^^ ^' """^ ^^^'
or fervants refpeftively {hall not live to the expending the faid' whole fum of five pounds, proclamation porT sprier-
money, then the remainder to be difpofed of to the ufe of that parifh ; or in cafe the faid fum of five vant.conrtmay
pounds {hould not be fufficient to fuport each fervant during his fervitude, or until his recovery, in fuch °^'^^^ r^a.-e.
cafe the county court is hereby authorifed arid empowered to order a fufficiency to be levied (from time
to time, as the fame {hall become due,) upon the goods and chattels of the mafter or owner of fuch fer- Servant so
yant or fervants, if they fhall negle£t or refufe to provide the fame, agreeable to the orders of the faid '"''"^'^ '''*' *'"«
court ; and fuch fervant or fervants fo negleded or turned off, {hall, upon their recovery, be fet free very!* '^'^'^
from their mafter or owner.
X. Provided aiivays, and be it further tna^ed. That if any fervant or fervants in this Government, {hall. Servants faring
through his, her, or their Own wilful mifbehaviour, happen to have any difeafe, or any broken bones, ""g sickness,
bruifes, or other impediments, whereby they may be difabled to perform their labour as they ought to ^^y"" '^l^"^' ,
do, and become chargeable to their mafter or owner, fuch fervant or fervants fhall ferve his, her, or their for it,'&c,
mafter or owner, after the time of his, her, or their fervice by indenture or otherwife is expired, fuch
time as {hall, by the county court, be adjudged fufiiclent, to fatisfy the charges expended on him, her,
or them, for his, her, or their recovery ; and {hall alfo ferve over fo much time as he, {he 01 they, by any
fuch means, were difabled to lerve : Any thing herein contained to the contrary notwithftanding.
XI. And be it further enaBed, by the authority aforefaid. That if any fervant or fervants {hall unjuftly Servants ma-
vex and trouble his, her or their mafter or owner, with groundlefs complaints againft them to the coun- '"".S false com-
ty court, or to any Juftice or Juftices of the peace, fuch fervant or fervants {hall, by the county court P^*'"'^-
be ordered to ferve his, her, or their mafter or owner, fo injured by fuch unjuft and groundlefs vexation,
after the expiration of the time he, {he, or they have then to ferve, the double term and fpace of that
time he Ihe, or they negle£i:ed and loft, in profecution of fuch complaints.
XII And be it further enaBed by the authority aforefaid. That every fervant who {hall be in gaol, for his, O"" P"' '" gaol
her, or their own ou*Fence, {hall ferve his, her, or their mafter or owner, double the time he, Ihe, or they ^°' ^^^^ °^''"'
fhall there remain, after the expiration of the time he, fhe, or they have to ferve by indenture or other- dsuble dmet
wife} and further, ferve his, her. or their faid mafter or owner, fuch time as Ihall be ordered by the &c.
county court, as a fatisfaftion for the fees and other charges his, her, or their mafter or owner hath ex-
pended for fuch fervant or fervants.
XIII. And be it further enaBed by the authority aforefaid. That in all cafes of penal laws, whereby perfons Where free
free are punilhable by fine, fervants fhall bp puniflied by whipping, at the difcretion of any court, or pe^'sons are fl-
Juftice or Juftices before whom fueh fine or fines are recoverable, nor exceeding thirty-nine laflies ; un- "^^.'*' "'^auts
lels the fervant fo culpable, can and will procure feme perfon or perfons to pay the fine. Uss^hsy pav".
60 1 741 XIV. And be It further enacted by the authority afdrefaid, That no free man or trader whatfoever, fliall buy,
UorO fell, trade, barter, or borrow any commodities whatfoever, with, to, or from any apprentice or fervant.
No free person whether fo by indenture or otherwife, or with any Have within this government, without the confent of
bcnaiifsTr'' the mafter, miftrefs or owner of fuch apprentice, fervant, or flave, upon pain of forfeiting treble the va,
stives. ' ^ue of the commodity or commodities fo traded for, battered or fold ; and alfo, fh^ll pay the fum of fix
Feiiaiiy. pounds, proclamation money, to the ufe of the faid mafter, miftrefs, or owner ; to be recovered, in
irss^U^^ the court of the county where the offence {hall be committed, by a<Sion of debt, bill, plaint, or infor-
1787,' 6.' mation, wherein no efibin, protection, injunftion, or wager of law, (hall be allowed or admitted of :
1788, 7. And if it fhall fo happen, that the perfon fo offending (hall not fee able to pay treble the value of the
Offender not a- commodities fo traded for, fold or bartered, and the fum of fix pounds, fuch perfons (hall then be adjude-
ble to pay, to ji^i_ irii r . r ^ r ■ ■ ■ f J&
be sold. *"> "Y "^^ county court, to be fold as a iervant for the fame,
Master not su- ^ Provided alivays. That if the mafter, miftrefs, or owner of fuch apprentice, fervant, or
ing in six flave, fhall not, within fix months after he or ftie fhall have information or knowledge of iuch offence,
months, any profecute the offender or offenders for the fame, that then it fhall and may be lawful for any other perfou
person may. Jq jq j^^ ^^^ ^^ \i2Me and receive every advantage and benefit arifing froni fuch profecation.
Servants em- XVI. And be it further enacted by the authority aforefaidy That every fervant, by indenture or otherwife, who
bezzhng mM. (hajj embezzle, purloin, wilfully wafte, or fhall trade, fell, or barter, or otherwife make away any of
to sefve for jt^, ^^^ ^"^ ^^'" ™after or miftrefs's corn, cattle, {heep, hogs, ftpck, or other goods or provilions, or commodities
&c. whatfoever, fhall, upon conviftion of every fuch offence, by one or more teftimonies, upon oath, or con,
fefHon of the party, before any county court within this government, be adjudged, by the faid court, to
ferve his or her faid mafter or miftrefs fuch time as the faid court fhall think reafonable, for the faid ofr
fence, after the faid time by indenture or otherwife, as aforefaid, is expired.
Servant having XVII. And whereas many women fervants are begotten*with child by free men, or fervants, to the
servitudT to' g*^^^*^ prejudice of their mafter or miftrefs, whom they ferve ; Be it therefore further enaSisd by the auth»-
serve ore year, ^'^y aforefaid^ That if any woman fervant fhall hereafter be ^vith child, and bring forth the fame during
the time of her fervitude, fhe fhall, for fuch ofJence, be adjudged, by the county court, to ferve hey
mafter or miftrefs one year, after her term of fervice by indenture or otherwife is expired:
Ifby Vier mas- XVIII. And be it further etiaBed by the authority aforefaidy That if any woman fervant fhall hereafter be
warden""'^'^ delivered of a child, begotten by her mafter, fuch fervant fhall, immediately after delivery, be fold, by
s4! her for I the churchwardens of the parilh where the offence fhall be committed, for one year, after the time offer-
year &.C. vice by indenture or otherwife is expired ; and the money arifing by fuch fale, fhall be to the ufe of the
parifh ; And if any white fervant woman iTiall, during the time of her fervitude, be delivered of a child,
Ifby a negro, begotten by any negro, mulatto, or Indian, fuch fervant, over and ab.ove the time fhe is by this aft to
and th'e c^m' f'^'ve her mafter or owner for fuch offence, fhall be fold, by the churchwardens of the paiifli, for two
bound out till ye^rs, after the time by indenture or otherwife is expired ; and the money arifing thereby applied to the
Siyeaisof age, ufe of the faid parifh; and fuch mulatto child or children of fach fervant, to Rebound, by the county
'* court, until he or fhe arrive at the age of thirty-one years,
XIX. And whereas many abufes have and may be committed, by perfons who, under pretence of un^
derftanding feveral trades and mifteries, have procured, and may hereafter procure, hrge fums of mo-
ney to be advanced to them, and have entered, and may hereafter enter, int.o covenants with merchants
and others in Great-Britain, or elfewhere, for the payment of large wages, yearly, though they were, or
may be, totally ignorant of, and unable to perform, fuch trade and miftery j For remedy whereof.
Tradesmen XX. Beit enaBed by the authority of arefaid, That all and every perfon or perfons already imported, or
understand* '^'^^^ ^^^ ^^ liereafter imported, into this Government, as a tradefman or workman, on wages, and fhall
their trades, be found not to undprftand fuch trade or employment, the mafter .or owner of fuch fervant may bring
court may cut him or her tp any county court of this Government i which court, upon .complaint made to them of
oft their wages, ^^^^j^ deceit, are hereby empowered and direded to enquire into the fame, and upon finding any fuch
fraud, may judge and direct fuch fatisfattion to be made to the mafter or owner of fuch fervant, either
by defalcation of the wages, or part tKereof, as to them fhall feem juft.
If they refuse XXI. And be it further enaSled by the authority aforefaid, That if any perfon, who is or fhall hereafter
Irrtbsemthem^ ^e imported or brought into this Government, as a tradefman or other workman, on wage?, fhall refufe
selves, county or negleft to perform his duty, or fhall abfent himfelf from his mafter or owner's fervice without leave,
court may or- jn every fuch cafe, it fliall and may be lawful for the Juftices of the county court wherein fuch mafter or
tion ""*^*'^* owner refides, upon complaint, and proof to them made, to order fuch fatisfaftion and reparation to the
tft^{>.er cyrov/nerof fuch feivant, for the iiamages ifuftaincd byJi'm rorfacTi refuial orneglecl, as to them 1741. 61
[hall feem juft ; and for every day fuch fervantfliall abfent him-Vif ik>«i l]i$ Ri^-lcr or owft^'s fervice as u^-v-^p*
afciefaid, tp order and direft fuchfervam to ferve his or her did mafter orcv^wori two days for every
day's abfence. aftfer his tiiiie by indenture or otherwifQ is expired, and that without any wages t5 h^ {'aid
for fuch fervice.
XXII. jlftd be it further en^fted by the authority aforesaid^ That there (hall be allowed to every fervant, Servant's dues
whether by iiidefitiife (5r otherwife not having yearly wages, at the expiration of his or her fervice, three
[pounds, proclamation money, befides one fufficient fait of wearing cloaths, for fuch fervant or fervants.
XXIII. ^^Tid be it further enacted by the authority afore^aidi^'Chzt if a«y peifon dr perfons aheady have, or Persors im-
(hall hereafter, import into this Government, and here fell-, <Jt reta-in for hisovt^n ufe, as a flave, any per- pwfinganci sel'-
jfon or perCjns that fliatl have been free hi any chriftian country, jfland, or plantation, or Turk or Moor, pefsOT^^to pay
in amity with his majefty, fuch importer or feiler as aforefaid "lall forfeit and pay, to the party from the party in-
\;^hom the faidfree perfon fhall recover his or her freedom, double the fum for which fuch free perfon J"'<^d double
was fold ; to be recovered in any court of record within this Government, according to the courfe of '''^ *"""■
common law, wherein the defendant fnall not be- admitted to plead, in bar, any a<a or ftatute for limita.
tion of afkions : And moreover, fuch importer or feller of any fuch free perfon as aforefaid, (hall be com-
mitted until he enter into bond, before the fard court, with two good and fufficient fureties, in the fum
of five hundred pounds, flering money of Great-Britain, payable to our fovereign lord the king, his And give secu-
heirs and fucceflbrs, with condition, that he Ihall and do, within one year then next enfuing, tranfport "ty to cany
^nd land (danger of the feas and life only excepted,) fuch free perfon fold by him as a flave as aforefaid, f^"=^ ?-"<"»
(if he or fhefhall fo require ) in the country, ifland, or plantation from whence he or fhe Was indireftly
brought as aforefaid j and fhall produce an authentic certificate of his performance thereof to the faid
court.
" XXIV. ^ttd be itfurthir enaEied by the authority afonfaidy That each and every Juftjce of jthe peace for' O" complaint,
the fev era! counties -vfc-ith in this Government, are hereby empowered and directed, upon the complaint •'"^*''^,**'^*"
r 1- < 1 ■ • 1 r n !i 1 • r • 1 • ^ 1 1 ^" . niine the mat-
of any perfon who now is, or hereafter Ihall be, imported into this Government, and who was free in ter, and bind
any chriftian country, ifland, or plantation, before his or her tranfportatioji hither, who is kept or fold as the offender to
a flave, to caufe the pretended owner of fuch perfon complaining, to appear before him, together with ^^^<=°'"''
fuch evidence or evidences as fliall be material ; and after examination taken, in writing, (hall bind them j-g- g
over to appear at the next county court of which hs is ^ member, where the faid complaint fiiall be heard '
and determined without any formal procefs of law.
" XXy. Repealed and etkeruife provided for by aiit Jan, 1,779, Ch. 11.
>XVI. And be k further enaBtd hy the authority aforefaid. That if any perfon fhall hire or contrail him- Overseer leav.
felf to ferve as an overfeer, either upon wages or fliareof the produce, with any perfon or planter what- "JfJj'V'f^'"^'
foever within this Government, and Ihall abfent himfelf or depart from the fervice of his mafter or mif- feithis wa-'es,
trefs, before the time hiehlioned in his agreement or contra,di fliail be expired, he fiiall, for fuch oifencej ^ share,
forfeit his right and title to his wages, or {hare of the produce.
XXVII. And be it further tnaSttd hy the authority fljorefaid. That if any petfon or prions whatfoever. Penalty on per-
fliall, dire£tly or indire£lly, at any time after the ratification of this aft, tempt, or peifuade any negro *""* tempting,
or negroes, or other flave or flaves, to leave his, her, or their mafter or miftrefs's fervice, out of an in- or conceaHnf
'tent and defign to carry or convey away him, her, or them, out of this government, or fhall harbour or any slave, to
conceal him, her, or them, for that intent and purpofe, and he thereof convifted, by his, her, or their '^°'^'^^^ J^'™ *•
own confeflTion, or the oath of one credible witnels, fuch perfon or perfons fliall, by the two next Jufti- '^*^*
ces of the peace, be con mitted to gaol, or bound over to the next court to beheld for the county where
fhe offeree fhall be comm.itled and (hall be profecuted, by indiftment, for the faid offence : and being,
(hereof lawfully convi<3ed, fhall, by the faid court, be adjudged to pay, tothef mafter or miftrefs, for
each negro or other flave fb enticed or perfuaded, for the p\irpofe aforefaid, the fum of twenty-five ^nd on soch as
pounds, proclamation money, or the value thereof j to be levied by order of the faid court : But in cafe aaualh conve/
the party offending fhall not be found worth lands, gocds or chattels, to the value aforefaid, then the faid away the slavqf
court Ihall adjudge him, her, or them, to ferve the owner cf fuch flave or flaves, or his afligns, five
years ; and fo deliver him, her, or them, over to the mafter, miftrefs, or owner of fuch flave or flaves,
fo tempted or perfuaded as aforefaid, and make record thereof: But if any perfonpr perfon fl-iall fo tempt
and prafticewith any negro or negroes, or other flave or flaves, and him, her, or them, fo tempted,
■■ Vol. I.- ■ •••• •• ' • . ■■.«..,
£2 n-H. (hall aftually conrejr away, or fend out of this Government, and be afterwards apprehended, and con--
U'nr'*^ Yi£led thereof, he, (he, or th*y. {hr.H by the faid court, be feverally adjudged and condemned as guiltj^
of feJony ; and {hall fufFer accordingly. 3
Peward for ta- XXVIII. And for encouragement of all perfons to take up runaways, Be it inaHed hy the duthenm
mg^ lip runa. njorefaid. That for the taking up fervants or flaves, if ten miles, or under, from the houfe or quarten
• * where fuch fervant or flave was kept there (hall be allowed, by the mafter, if known, and refiding in the'
county, if not by the public, as a reward to the taktr-up, feven fiiillings and fix pence, proclamation .
money, and for every mile above ten, three pence, over and above the faid fum which faid feveral re-
wards {hall be paid by the churchwardens of the parifh where fuch taker^up fliall refide, or where he
fliall bring fuch runaway before a Jullice of the peace ; and ftiall be levied again by the thurchwardenf,
of the faid parifh, upon the faid mafter or owner of fuch runaway, for reimburfement of the fame to the
parifh : and for the graater certainty in paying the faid rewards, and reimburfing the parifh, every Juf-
tice of the peace before whom fuch runaway (hall be brought, upon the taking tip, fliall grant a certifi-
HowDa'd cate thereof, in which he fliall mention the proper name and furname of thetaker-up, and the county.
of his or her refidence, together with the time and place of taking up the faid runaway, and ftiall alfo,
mention the name of the faid runaway ; and the proper name and furname of the mafter or owner
of fuch runaway, and the county of his or her refidence, together with the diftance of miles, in the faid
Juftices judgment, from the place of taking up the faid runaway, to the houfe or quarter where fuch
runaway was kept upon producing which certificate to the churchwaidens of the parifh where the fame .'
was granted, they (hall pay, to thetaker-up of fuch runaway, or his affigns, the reward aforefaid ; and/
fhall levy the fame again as aforefaid : But if it fhould happen, that the mafter or owner of fuch runaway J
fhould not refide, or have efFefts in the county where the faid certificate fhall be granted by the juftice \
as aforefaid, the faid churchwardens fhall tranfmit the faid certificate to the sheriff of the county where a
the owner of fuch runaway refides or hath effefts who fhall upon receipt thereof, immediately levy the I
the fame upon the goods and chattels of the mafter or owner of fuch runaway, and return the fame to the if
churchwardens aforefaid, or their order ; any law, ufage, or cuftom to the contrary notwithftanding.
Rofiaway slave XXIX. And he it further enacted by the authority aforifaidy That if any negro or other perfon, who fhall '
m«ter''^o be* ^^ ^^'^^^ "^ *^ ^ runaway, and brought before any Juflice of the Peace, and cannot fpeak Englifh, or,!
ccmmittetl and f^rough obftinacy, will not declare the name of his or her owner, fuch Juftice fhall, in fuch cafe, and he,'
notice given by is hereby required, by a warrant under his hand, to commit the faid negro flave or runaway to the gaol of i
Sheriff, &c the county wherein he or fhe fhall be taken up ; and the Sheriff, or Under Sheriff, of the county into whofe \
cuftody the faid runaway fhall be comrnitted, fhall forthwith eaufe notice, in writing, of fuch commitment,
to be fet up on the court-houfe door of the faid county, and there continued, during the fpace of two
months ; in which notice, a full defcription of the faid runaway, and his cloathing, fhall be particularly fet
down ; and fhall caufe a copy of fuch notice to be fent to the Clerk or reader of each church or chapel
within his county, who are hereby required to make publication thereof, by fetting up the fame in fome o-
pen and convenient place, near the faid church or chapel, on every Lord's day, during the fpace of tv^o
Sheriff fa ling months, from the date thereof : and every SheriflF failing to give fuch notice as herein is dire£led, fhall for-
to give ntitite, feit and pay five pounds, proclamation money ; which faid forfeiture (hall and may be recovered, with
to fwfeu a. cofts, in any court of record in this government, by aft ion of debt, bill, plaint or information, wherein no
effoin, privilege, proteftion, injundlion or wager of law, fhall be allowed : the one moiety whereof fliall
be to the churchwardens, for the ufe of the parifh, as well as towards the defraying the charges tliat fhall
arife and become due by virtue of this aft, and the other moiety to the perfon who fhall fue for the fame.
Owner act XXX. And be it further enaSied by the authority aforefaidt That if within the fpace of two months, the ow-
known in two ner, of any fuch negro flave or runaway cannot be known, or doth not claim the fame, that the Sheriff of
way to'be sent ^^^ ^^''^ county to whofe cuftody fuch runaway fhall be committed, fhall caufe tlie faid runaway to be de-
to the public Hvered to the next conftaWe, to be by him delivered to the next conftable, and fo from conftable to conftar
^aol, bie, to the public gaol of this government, after fuch manner, and to receive fuch puniihment, as in this
aft is mentioned and direfted.
Gaoler may XXXI. And be it further enacted by the authority aforefaid^ That when any negro or runaway as aforefaid,
hive him out, (hall be delivered to the keeper of the public gaol of this government, by virtue of this aft, and his or her
*^' mafter or owner cannot be known, it fhall and may be lawful for the keeper of the faid gaol, upon his ap-
plication to the general court, or the neareft county court to the faid gaol, or to any two Juftices, out,of
court, Vr-ith theconfent of either of the faid courts, or two Juftices, as aforefaid, to Ifct the faid negro 'wr
f una way to hire, to any perfon or perfoas whom they fhall approve of, for fuch fum or fums of money, or 174! 1 . 63
quantity of commodiiies, and for inch term or time, as they {hall dire£l ; and that out of the money or Wx^vv,^
commodities arifing by fuch hire, all fees relating to the taking up, imprifonmcnt and conveying to gaol,
and charges of maintaining fuch negro or runaway, (hall be firft paid and difcharged, and the overplus, if
any, difpol'ed of as fuch court, who Ihall order the faid negro or runaway to let out to hirej (hall direft.
XXXII. Provided always i That when the owner of fuch negro or runaway (hall demand the fame, tlie Owner appear-
perfon to whom fuch negro or runaway fliall be let out to hire, fhall forthwith deliver him or her into the '">?• runaway
Guftody of the keeper of the public gaol, and fhall then alfo pay the hire, in proportion to the time the faid (° ^; '^^j'^*'^®**
runaway hath feived j and the keeper of the faid gaol fhall deliver the faid runaway to his mafter or owner, ing fee's. ^ ^*^*
he or fhe paying down all fees and charges of taking up, imprifonment, conveying to gaol and maintain-
ing fuch runaway, in cafe the hire of the faid runaway be not fufficient to fatisfy the fame.
XXXIII. And be it further enacted by the authority afore faid^ That when the keeper of the faid public eaol J^""a way slave
*•,. ifci. c r 1 rr-if^ !• y* 9 hired out,
fhall, by direction of fuch court as aforefaid, let ©ut any negro or runaway to hire, to any perfon or perfons goaler to put
whomfoever, the faid keeper (hall, at the time of his delivery, caufe an iron collar to be put on the neck of »« "•on collar
fuch negro or runaway, with the letters P. G. (lamped thereon ; and that thereafter the faid keeper fhall °" '*'"' ' *"'*
icLirrri-r-j * not answerable
not be anfwerable for any efcape of the faid negro or runaway. f^^ ^^ escape
XXXIV. And be it further enaBed by the authority aforefaidy That when any runaway fervant or flave fhall Justices to or^
be brought before any Juflice of the Peace within this government, fuch Juftice fhall, by his warrant, com- '^^r runaway*
riiit the faid runaway to the next conftable, and therein alfo order him to give the faid runaway fo many '°^^ whipped,
lafhes as the faid Juflice fhall think fit, not exceeding the number of thirty nine, well laid on, on the bare from°cnns*able
back of fuch runaway ; and then to be conveyed from conftable to conftable, until the faid runaway fhall to constable
be carried home, or to the public gaol as aforefaid. home, &c.
XXXV. And be it jurther enaSledy That every conftable fhall, on his receipt of fuch runaway give a re- Constable re.
ceipt for him or her \ and that every conftable failing to execute fuch warrant, according to the tenor there- ^"^'"S *° ^on-
Qf, or refufing to give fuch receipt, fhall forfeit and pay twenty fhillings, proclamation money, or the value feit 203!*
thereof in bills, to the churchwardens, for the ufe of the parifh wherein fuch failure fhall be ; to be reco- Corporal pun-
yered by a warrant under the hands of any two Juftices within the county where fuch conftable fhall re- 'shment not to
fide : and fuch corporal punifhment fhall not deprive the mafter or owner of any runaway fervant of the '^^P'^* *«
pther fatisfa£lion herein by this a£l appointed to be had of fuch fervant, for his or her running away. satisfaftian! ''
XXXVI. And be it Jurther enaBedby the authority aforefaid^ That if any Sheriff, Under-SherifFor Conftable, Sheriffs &c.
Ihall fet to work, employ or let out to hire, without order of court as aforefaid, any runaway fervant or employing ran.
flave committed to the cuftody of any of them, or fhall detain fuch runaway longer in his or their cuftody *™^Y' °'" ^^^?-
than by this a<2; is dire£led, he or they fo offending, fhall forfeit and pay five pounds, proclamation money ; than this adfdi.
to be recovered, in any court of redord in this government, by adlion of debt, bill, plaint or information, refts, to for-
whereinno effoin, proteflion, privilege or wagef of law, fhall be allowed : one moiety whereof to be paid ^^^^ ^^'
to the churchwardens, for the ufe of the parifh where the offence fhall be committed, and the other to him cu o- ».
or them who fhall fue for the fame .• and if any Sheriff, or his Under-Sheriff, or any Conftable, into suffering rwa-
•whofe hands any runaway fervant or flave fhall be committed, by virtue of this a£l, fhall negligently or way to escape,
wilfully fuffer fuch runaway to efcape the faid Sheriff, Under-Sheriff or Conftable, he or they fhall be li- ''*'''^'
able to the aclion of the party grieved, for recovery of his damages, at the common law, with cofts.
XXXVII. And be it further enaSied by the authority aforefaid. That all and every the Conftables within Constab'es ex-
diis government, for their encouragement to perform their duty be, and they are hereby, for the future, ^i^ptedfrcm
exempted from the payment of all public, county and parifh levies, for their own perfons, during their P*^'"^ 'evies.
continuance in office ; and that tlie keepers of ferries within this government, fhall give immediate paf- Ferry keepers
fage to all conftables, and their afliftants, charged with conducing any runaway or runaways, either to ^° S^ve passage
the public gaol, or to fuch runaway or runaway's mafter or owner, without charging fuch conftable, or their *°.<=°""*'''e*
affiftants, for the ferriage, either going or returning : but all fuch ferriages of Conftables, and their affiftants p ' /""*ways.
fhall be paid by the churchwatdens of the parifh where fuch ferry-keepers refpe(flively live, and levied, as b/'^the^Church
aforefaid, upon the refpedlive mafters or owners of fuch Runaways. wardens.
XXXVIII. And be it further enaSedby the authority aforefaid, Th^t irom and after the publication of Sheriffs & gaoU
this a£l, the fees and allowances of the faid Sheriffs and gaolers be as followeth •, that is to fay, for the ^fs' fees,
commitment of every fuch negro or runaway to any county gaol, the Sheriff fhall be paid, for his fee, the 2, 1784, 7,
film of two (hillings and fix pence, proclamation money, and for the keeping or maintaining him or her in ^°^- 2» 15&
gaol, for every twenty four hours, the fum of fix pence, and for his or her releafement, the funi of two fhU-
€4- 1741 . Jings and fix pence, ; an3 that the keeper of the puhlic gaol of this government, for the comnikment of e-»
t,rf»-v>«J very fuch negro or runaway, ftiallbepaid the fum of two fliillings and fix pence, proclamation money, and
for his or her keeping in gao', every twenty four hours, the fum of fix pence, proclajnation money, and for,
SheriflForgao- his or her releafement, the fum of two {hillings and fix pence, proclamation' money, and no more : and if
ler taking ^ jjpy Sheriff, in any county of this government, or keeper of the public gaol, (halldemand or take any greater
forfeit 20s/and ^^^ '^'^ allowance than is hereby before appointed and allowed, for the fervices and rnaintcnance aforefard,
icfiwd. or any of them, he or they fo offending fliail, for every offence, forfeit and pay to the pa^ty grieved, the fum
of twenty fhillings, proclamation money, and fhall alfo refund and pay back to the parties, fuch fum of
money which fuch Sheriff or gaoler fhall receive and take, over and above the fees and allowances herein
before appointed ; which faid forfeiture of t\*-enty fhillings, fhall and may be recovered by a warrant froa]
any Juflice of the Peace of tlie county where fuch offence fhall be committed
AVhsn runa- XXXIX. And be it further enaBed by the authority aforejaidf That when any negro, or qthey runaway,
ways belong whofe owner is fuppofed to be refident in any other province, fhall be committed to' any public gaol of thig
vemnf' u* government, the keeper of the faid gaol fhall, by the firfl opportunity after fuch commitment, fend a def-
gaoler to ad- cription of fuch negro or runaway, together with the account of the time of the commitment, and the
vertise in the county where fuch runaway is comnaitted, to the prefa, to be advertifed in the Virginia, or South-Caroli-
s"^c**'r na Gazette J for which he fhall be reimburfed by tke owner of the faid Have or runaway.
gazette. XL. And be it further enaSied by the authority aforefaidy That no flave fhall go armed with gun, fword,
Slaves not to club or Other weapon, or fhall keep any fuch weapon, or fhall hunt or rang^ with a gun in the woods;
go armed, &c. upon any pretence whatfoever, (except fuch flaye or Have? who flball have a certificate, as is herein after
provided }) and if any flave fhall be found offending herein, it fhall and may be lawful for any perfon or
Offenders ta- perfons to feize and take, to his own ufe, fuch gun, fword or other weapon, and to apprehend and deliver
arms taken'"^ inch, flave to the next conftable, who is enjoined and required, without further order or warrant, to give
and whii)ped, fuch flave twenty lafhes, on his or her bare back, and to fend him or her home ; and the mafler br owner
^f" ^ of fuch flave fhall pay to the taker-up of fijch armed flave, the fame reward as by this ait is allowed for
takmg up oi runasyays.
One slave on a XLI. frpvit^d altuays. That nothing in this a£t fhall be conftrued or extended, to prohibit or debar any
jHantation ex- niafter or owner of any flave or flaves within this government, from employing atty one flave in each and
'^ ^ ^ every diftinft plantation, from hunting in the woods pn their paafter's l*nd$ with a gun, to preferye his or
her flock, or to kill game for his or her family.
Sych slave to XLII. Provided alfo, That fuch maimer or owner fhall firfl deljver intp the county court, an account, in
cate'^&cr"^' writing, of the name of any fuch flave to be employed as aforefaid ; and the chairman of the court fliall
fign a certificaj;e that fuch flave is allowed tq carry a gun, and hunt in the woods on his mafler or rfuflrefs'^
lands : and thij raafler^ mifl:refs or overfeer, of fuch fl.;iv» fhall give him the faid certificate, which fuch
flave fhall always carry about him, on pain <?f being apprehended and punjfhed a« aforefaid : any thing
herein before contained to the contrary, notwithiianding, ' " ..■■.., ^ . . ,
Slavesnsttogo XLIfl. And be it further enacted by the authority aforefaid, That no flave fliall go from off the plantation
on wftblut'^*' or feat of land where fuch flave fhall be appointed to live, without a certificate of leave, in writing, for fo
leave, (livery doinsr, from his or her mafter or overfeer (negfoes wearing liveiies always excepted.)
slaves except- XLI V- And be it further enaBed by the authority aforefaid. That no flaye fhall be permitted, on any pretence
'^''■^ whatfoever, to raife any horles, cattle or hogs ; and all horfes, cattle and hogs, that, fix motiths from the
fifse*hor°M* ^'^'^^ hereof, fhiU belong to any flave or of any flave'^ mark hi this government, fliall be feizcd and fold by
caule or hogs, the churchwardens of the parifli where fuch horfes, cattle, or hogs, fliall be. and the profit jtjiereof be ap'-
^c. plied, one half to the ufe of the faid parifli, and the other half to the informer. " '
2. 1779, 5. XLV. And vvhereas many times flaves run a^ay, ?nd lie out hid ijnd luiking in fwamps, woods and other
Slaves outlaw- obfcure places, killing cattle and hogs, and committing other injuries to the inhabitants of ):his government :
Be it therefore enaSled by the authority aforefaid. That in all fuch cafes, upon intel igence of any flave br flaves
lying out as aforefaid, any two Juftices of J:he Peace for the county wherein fuch Ijave or flaves is or are
fuppofed to lurk or do mifchief, fhall, and they are liereby impowered and required, to iflue proclamation
againfl: fuch flave or flaves, (reciting his or their napie or names, and the name or names of the owner or
owners, if known) thereby requiring him or them, and every of t'hem, forthwith to furrender him or them-
felves -, and alfo, to impower and reqpire the Sheriff of the faid county to take fuch power with him as he
ihall think fit and neceflkry, forgoing in fearchanri purfuitof, and efieSlually apprehending, fuch outlying
flave or flaves j which proclamation flaall be publifhed on 3 Sabbath day, at tlie door pf every chprchot
I^hapel, or for want of fuch, at t|ie place where /livlne fervice faall he performeii in the faid county, by 174.!. g,;
,^he panfh clerk or reader, immediately after divine ferviccj and if any flave or flaves againft whom pro- («,*-v-v^
clamation hath "been thus iiTued, ftay out and do not immediately return home, it fhall be lawful for any
perfon or perfons whatfoever, to kill and deftroy fuch flave or flaves, by fuch ways and means as he or the
jfliall think fitj withour accufation or impeachment of any crime for the fame,
"KLVl. Repealed by aa, Nov. 1T86, f/j, 17.
t^jLVII, And be it further enaBed by the authority aforefaid^ That if any number of negroes or other flaves. Conspiracy o?
tliat is to fay, three, or more, fhall, at any time hereafter, confult, adyjfe or confpire to rebel, or make in* '''^^'-'^ '*'=• f»-
furredlion, or fhall pl9t or confpire the murther of any perfon or perfons whatfoever, every fuch confuUing, '^"^'
plotting or confpiring, fhall be adjudged and deemed felony ; and the flave or flaves convidled thereof, in ^"' "' '^'^^'
manner herein after direiSted, Ihall fuffer death.
XL VIII. And be it further enaBed by the authority aforefaidy That every flave committliig fuch ofFence, i^- \ t \ .,
or any other crime or mifdemeanor, Ihall forthwith be cominitted, by any Juftice of the peace, to the com- (kc. ^'
riion jail of x^o. county within which the faid offence (liall be committed, there to be fafely kept ; and 1783 14.
that the fheritJ of fuch county, upon fuch commitment, (hall forthwith certify the fame to anv Juf- Vol. 2,38 5»
tice in the commiflion for the faid court for the time being, refident in the county, who is thereupon re-
quired and direfted to ifl"ue a fummons for two or more Juftices of the faid court, and four freeholders,
fuch as {hall have flaves in the faid county ; which faid thr.ee Juftices and four freeholders, owners of
flave?, are hereby impowered and required upon oath, to try all manner of crimes and offences, that (hall
be cotnhaitted by any flave or flaves," at the court-houfe of the pounty, and to take for evidence, the con-
feflSon of the offender, the oath of one or more credible witnefl"es, or fuch teflimony of negroes, mulattoes
or Indians, .bond or free, with pregnant circumftancesj as to them fhall feem convincing, without the fo-
lemnity of 3 jurjr ; aad the oflender being then found guilty, to pafs fuch judgment upon fuch offender,
according to their difcretion, as the nature pf the crime or offence fhall require ; and on fuch judgment,
to award execution.
XLIX. Provided ahvayiy anttie it enaBed, That it (hall and may be lawful for each and every Juftice, Ail justices
being in the commiffion of the peace for the county where any flave or flaves (hall be tried, by virtue of "**>' '^'*
this a£l, (who is owner of flaves) to fit dpon fuch trial, and adi as a member of fuch court, though he or
they be not fummoned thejretp : any thing herein before contained to the contrary, in any wife, notwith-
ftanding. "
ii. And to the end fuch negro, mulatto or Indian, bond or free, not being chriftians, as fhall hereafter Punishment of
be produced' as an evidence on the trial of any flave or flaves, for capital or other crimes, may be under the nfigiroes, &c.
greater obligation to declare the truth ; Be it further enaBed, That where any fuch negro, mulatto or In- S'^'."S fa's*
dian, fcond or free, {hall, upon due proof mfide, or pregnant circumftances, appearing before any county
court within this government, be found to have given a falfe teftimony, every fuch offender fhall, without
further trial, be ordered, by the fatd txmrt, to have one ear nailed to the pillory, and there ftand for the
fpace of one hour, and the faid ear to be cut off, 'and thereafter the other ear nailed in like manner, and
cut off, at the expiration of one other hour ; and moreover, to order every fuchpffender thirty nine lafhes,
wejl laid on, on his or her bare back, at the common whipping poft.
Li. And be it further enaBed by the authority aforefaid, 1 hat at every fuch trial of flaves committing capi- Chairman to
tal or other offences, the firft perfon in commiftion fitting on fuch trial, fhall, before the examination of e- ^^".''0" s^aye
very negro, mulatto or Indian, not being a chriftian, charge fuch to declare the truth. ny^.'"^ 'estimo-
LII. Provided always, and it is hereby intended. That the matter, owner or overfeer of any flaVe, to be ar-r Owner, &c,
laigned and tried by virtue of this aft, may appear at the trial, and make what juft defence he can for fuch may appear,
flave or flaves ; fd that fuch defence do not relate to any formality in the proceeding on the trial. ^^ defend.
lAll. Repealed by aB,l>!ov. 1186, ch.n.
LI V. And be it further enaBed by the authority aforefaid. That if in the difperfing any unlawful affemblies Tn certain in-
of rebel flaves or confpirators, or feizing the arms and ammunition of fuch as are prohibited by this adt to ^^^?'^^' f^^^
Iceep the fame, or in apprehending runaways, or in correftion by order of the county court, any flave fhall i^ge/l?;*
happen to be killed or deftroyed, the court of the county where fuch flave ftiall be killed, upon application
of the owner of fuch flave, and due proof thereof made, (hall put a valuation, in proclamation money upon
fuch flave fo killed, and certify fuch valuation to the next felEon of Affembly \ that the faid Alfembly may
make fuitable allowance thereupon, to the matter or owner of fuch flave.
Vol. L S
6G 1741. L V. Provided always i and be it further enacted, That nothing herein containedj fliall be conftraed, deemed
•o'-v'O or taken, to defeat or bar tlie aftion of any perfon or perfonj, vrhofe Have or flaves (hall happeji to be killed
Other persons by any other perfon whofoever, contrary to the dire£lions and trae intent and nieaning of this adl ; but that
', r rrav"' ^'^ ^ every owner or owners of fuch flave or flavds^ fliall and may bring his, her or their action, for re-
have his aaion. covery of damages for fuch flave or flaves fo killed.
Manner in LVI. And be it further ena£ledb<f the authority afore/aid, Thatttd nigro 6r rriatatto flaves fhall be feft free,
which alone upon any pretence whatfoever, except for meritorious fervices, to be adjudged and allowed of by thef couh*
«M^ftee"*^ *y court, and licence thereupon firft; had and obtained : and that vj-here any flave fliall be fet freeljy his or
Bond aiidsecu- her maflier or owner, otherwife than is herein before direfted, it fliall and may be lawful fot the church-
rity. wardens of the parifli wherein fuch negro, mulatto or Indian, fliall be foiindj at the expiration of fix months^
^"1^°^ °J^'°i "^^*^ ^^'■^'^ '^^^ ^^ ^^"^ being fet free, and they are hereby authorifed and required, to take up and fell the faid
those s« free "^g^o, mulatto cr Indian, as a flave, at the next couit to be held for the faid county, at public vendue ;
otherwise. and the monies arifing by fuch fale, fliall be appHed to the ufe of the parifli^ by the veftry thereof : and if
'^' 1^70* f? ^"y n^g^'o. mulatto or Indian flave, fet free otherwife than is herein direfted, fhall depart this province,
J778 30 ' within fix months next after his or her freedom, and fhall afterwards return into this government, it fliall
Vol. 2. 88, 179. and may be lawful for the churchwardens of the parifli where fuch negro or mulatto (hall be found, at the
expiration of one month, next after his or her return into this government to take up fuch negro or mulat-
to, and fell him or them, as flaves, at the next court to be held for the county, at public vendue ; and th^
monies arifing thereby, to be applied, by the veftry, to the ufe of the parifli} as aforefaid*
LVII. Not now in force.
Repealing LVIII. And be it further enacted, by the authority aforefaid. That all and every otheif a£i and ads, and every
clause, claufe and article thereof heretofore made, fo far as relate to fervants and flaves, or to any other mattet or
thing whatfoever, within the purview of this a£l, is and are hereby repealed and made void, to all intents
and purpofes, as if the fame had never been made.
THE TITLES OF THE PRIVATE ACTS.
12 An aA forapppointing and laying out a town on 6r near Mit- building a church at Newberh, to ereA the sim^, and t<f
tarn's point, on the south side of New River, in Onslow empower them to demand and receive, of any person or
county, by the name of Johnston. persons, all parish levies already laidaridnot appropriate
19 An a& the better to enable the commissioners appointed for ed ; and for other purposes therein mentioned.
Signed by GABRIEL JOHNSTON, Elij* ^mrrttf*
William Smith, Prsfident^
2,1741. 67
Gabriei,
At ia Geueral Assembly, held at Wilmington, in the Year of our Lord One joh"
ST&N,
Thousand Seven Hundred and Forty-one. es<i. Governor.
AhaEi for ereB'wg the upper pari of'Bert'ucoutft'^ into a county, by the name of Northampton county; and for CHAP. I.
regulating the limits between Society parip, and the northivef parifh of Bertie ; and J or removing the feat of 1755, 9.
Birtie county court.
WHEREAS the county of Bertie is very extenfive, and its inhabitants more numerous thaa any
county in this province ; which renders the public bufinefs of the faid county very difficult to
be tranfadied : Foir remedy whereof,
II. We pray that it may be enafted, <7«rf ^« «V enaUed, by his Excellency Gabriel JohnJloHy Efq ; Governor^ by Northampton
nnd with the advice and confent of his Majefly's Council and General JJfembly of this province^ and it is hereby en- «f«fed.
nSfedbythe authority (fthefamci That' that part of Bertie county, which lieth north and well of Sandy run,
and in a dire£t line from the head of the faid run, to the head of the Beaver-dam fwamp, and down the
faid fwamp and Meherrin creek and river, be, and is hereby erefted into a county, by the name of North-
unpton county ; and that the faid bounds ftiali> henceforward, be the limits between Society parifli, and
die northweft parifh of Bertie.
III. Andheit further enadled by the authority aforefsid, thzt {torn and after the paffing of this aft, the Invested with
faid county of Northampton fhall be invefted with as full and ample powers, privileges, advantages, and *'• Po^ei-s. &c.
mmunities, ds any other county in this province ; faving only, that the faid county fhall fend to all aflem- ties?' " *^°""*
jlies after the diflblution of this prefent Aflembly, two reprefentatives, and no more.
The remaining fix feSlions of this off are either of a temporary or a private nature^ or have been fmce altered
»jf the conftitutim of 1^76, erfuhfequtnt aSts «f AffemUy>
4ntili to eftablifbporttt or places of delivery of merchandifes imported in^ and exported out of this province \ and CHAP. 2.
t9 frtvttlt the clatidefline running of uncuftomed and prohibited goeds^ in the feveral parts thereof. Rep. 1745, 4.
Signed by GABRIEL JOHNSTON, Efq. Gevemir,
Natha8kil Rice, Ptef$dent,
ioHM HoDQSQN^ Speai^t
eS 17*3.
■ ■■■■HTl ' ' ' •
SHKSS
CTWf—HUMJIIIW—
Assembly
CHAP. 2-
Frovided for by
subsequent a£ia<
CHAP. 4.
c.B«EL At a General Assembly, held at Edenton, the second Day of April, in t^
E.^'Twemor. Year of our Lord One Thousand Seven Hundred and torty- three. '
.„*• 1 An aa to regulate eUBknt for wmiert U ferve \n General Apmh^for^he feveral counties, to declare ^h /li
i^^:J/ u h^Jalihedto vote inthe raideUmons, or be eUaed a member of the General A/fembls for any ofthefatdcc.
rrconlS-'^ tr-^;:ISrLX/.^. .*/.;..i .> taking thepoU a/tbejiveral eUa^ons in the countus andto^^nsy
P"l"or thisprovince.
An aafor obtaining an e.aa lift ofta.ables, and for the effeaual colUaingas well ^11 arreai^s of taxes, as K
•^ 6 J •'t^hertaxes, for the future due and payable.
An aato afcertain -what AUornies fees fhall he taxed and all<med, in any fuit or aaion, brougU in any c^
AiiK.»>,.«fh cottrts of record tn this province. ■ ' «
SonVrotif A ND be it further enaaed by the authority aforefaid, That if any praaxfing -"<>'^"«J '^/^y'^^J
ed forb^ubse- A '\^^j, -J^^^, i„ce. fhall negleft to perform his duty in any aftion m which he A?^" b^
mittmg fraudu- °. , a rr -^ f
lent practices, with cofts of tuit.
liable to double damages. • . ^ . • r.iv ^..^....^^ <>«/<l
CHAP. 5. W« a(l for providing proper magazines of ammunition in the fiver. UountHS of thts province, tm^
CHAP. o. AnufifOTp Bt f ^ ^^j^^yi„g Ike charge tkertof OBS. f
design cf this ^^^^ gate at ^(lentm-
publication. •
THE Tlli-pei THE PRIVATE ACTS.
3 An .a to empower t)^ Justices of Beauic^t count, - U.|d 7 An »J J^^^^^^^ -;'ty:::^%S^^;,^^^
pi the inhiSitants paying their t^xes »nd levies.
- gigned by QABRIEL JOHNSTON, Efq. GoverrM
Nathaniel Rice, Prejdent,
jSamuel Swann, Speaker,
1745. 69
— T35r
Gabrtel
At a Geiicral Assembly, held at Newbcrn, the Twentieth Day of April, in Johnston,
the Year of our Lord One Thpusand Seven Hundred and Forty -five. "^' °^*'"°'"'
An aBJoT laying a lax j or finking the now currtnt bills oj credit. chap. 1;
l^ep. 1, 1748, 10,
An additional a3 to an aSt, entitled. An a£l for appointing fherifFs in the room of marflials of this province, chap. 2.
for prefcribing the method of appointing them, and limiting the time of their continuance in office, Not how in
and dire£ling their duty therein ; and for abolifhing the office of provoft-marflial of this province ; and force.
for altering the names of the preciadjts into counties. 2' ^'^'^'^> ^•
An additifual aB to an act, entitled, An a£t to prevent killing deer at unfeafonable times, and for putting chap. 3.
a ftop to many abufes committed by white perfons, under pretence of hunting. Ante, p. 49.
WHEREAS by the before recited zGt, it is, among other things, ena<a;ed, that it ftiall not be law- Y^^Jf}^\-.
ful for any perfon to kill or deftroy any deer, running wild in the woods or uufenced grounds ' ' "* '
m this Government, by guns, or any other ways or means whatfoever, between the fifteenth day of
February, and the fifteenth day of July, yearly, arid in each year, after the ratification of the said ^Q. ;
and that any perfon convidled of the fame, fhall forfeit and pay the fum of five pounds, current money :
and whereas it appears, that the allowing liberty of kijling deer in fenced grounds, and inclofures at fuch
fe3rwis, has given room to feveral perfons to evade the faid law :
II. WE therefore pray that it may be enabled, Jndk it ettaBed by his Excellency Gabriel Johnston, Esq, Penalty on per-
Governor, by and ivith the advice and confentof his Majefy's Council, and General jifftmbly of this province, and ^^^ ""^
it is hereby enaBed by the authority of the fame. That if any perfon ftiall be convi£led of killirg deer, or hav-
mg venifon, or a green deer (kin or Iklns, in his houfe, camp, or pofl'effion, between the fifteenth day of
1 February, and fifteenth day of July, yearly after the ratification of this a£l, he (hall forfeit and pay the fum
j of forty ftiiJlings, proclamation money ; to be recovered and applied as herein after is (directed.
I III. Provided nevtrthelefs, That nothing in this aft (hall be cciiftrued, to extend to convi£l: any perfon Provlsa.
I or perfons of the faid forfeiture, in whofe houfe any venifon, green Ikin or flcins, fliall be found, which
j hath been left in fuch houfe witliout the knowledge, privity, or confent of fuch perfon, or any of his fa-
I nuly, upon due proof thereof to be made, by the perfon therewith charged,
1 rV. And forafmuch as there are great numbers of idle and diforderly perfpns, who have no fettled ha- Unqualified
( bitation, nor vifible method of fupporting themfelves, by induftry or honed calling, many of whom come hunTwUhoora
' in from neighbouring colonies, without proper paficxS, and kill deer at all feafbns of the year, and often certificate.
leave the carcafles in the weeds, and alfo fleal and deftroy cattle, and carry r.way hoifes, and con.mit o-
ther enormities, to the greajt prejudice of the inhabitants of this province ; Ee it therefore enaEled by the au-
■ ihority aforefaid. That every perfon who ftiall hunt and kill deer in the King's wafte within this province,
and who is not poflefled of a fettled habitation in the fame, (hall be obliged to produce a certificate, when
required, of his having planted and tended five thcnfand corn-hills, at five feet diflance each hill, the
"i preceding year, or feafon, jn the county where he (hall hunt, under the hands of at leaft two Juftices of
li the peace of the faid county, and the hand of at leaft ojie of the churchwardens of the paiifti where fuch
ferfcn planted and tended fuch corn as aforefaid.
V. And be it further enaBed, That if any fuch perfon as aforefaid, is found hunting, and does not pro- Forfeiture,
I duce fuch certificate as aforefaid, when required, he ftiall forfeit his gun, and five pounds, proclamation
I money, for every fuch offence ; to be recovered and applied as herein after direfted.
I VI. And whereas many idle perfons, who fpcnd theii: chief time in hunting deer, leave the carcafTes in Persons not to
the woods, by which means wolves, bears, and other veimin, are raifcd and fupported, which deftroy !**7' '*''"'^"
the ftccks of the inhabitants of this province j Be it therefore further tnaBed by the authority aforefaid, That gjc. ^^^ *
70 174.'?. every per fon who hunts deer, and leaves the carcafs or carcafTes in the woods uudeftrdjed,- flialt, for c-
v^-v^.) very offence, forfeit and pay forty fliillings, proclamation money.
Fines how re- VU. Andbt it jurtlcr etiaiiedy by the authorit<j aforefaid^ That all fines and forfeiture 1 «'ri liiis
covered, and g£^^ {hall be paid, the one half to the informer, the other half to the churchwardens, loc .,i , ojthe pa-
app.ie . ^.^ wherein fuch offence (hall be committed ; to be recovered, with cofts, by a warrant ifro.t: aur /liftice
of the peace within this government ,• faving to al! free perfons the right of appeal to the county court v here
fuch offence is committed: which faid court is hereby empowered and diretted, in a lu-rthary way, fi- ■
Appeal. ji^jiy jQ determine the fame } wherein no effoin, protedion, or wager of law, Qiall be allowed or admit-
ted of.
CHAP. 4. An aSi to repeal an ad pajfed at Wilmington^ in the year ofourLord dhie tlmtfand fevtn Imndred andf'jrty.ene, inti* '
Ante, p. 67 '"''^^ -A^" aft, to eftablifh ports, or places of delivery of merchandizes, imported in and exported
out of this province, and to prevent the clandelline running of uncultomed goods in the feveral i'orts
thereof.
WHEREAS it is found very inconvenient and injuriotts to traders and vdTels arriving at the iereral
ports and places in the faid a£l mentioned, and there being obliged to unlade and contiuue, where- '
by great damages, loffes and delays have accrued, and much of the trade of this province, which heretofore
uled to be carried on by water, has of late been diverted, and carried <m by land to Virginia j For remedy
whereof,
Aflrccealtd. I^- We pray that it may be enafted, And be it cnaBed, by his Excellency Gabriel JohtiJioHy Efq .} Governor ^
by and nvith the advice and ccnjent of his Majejiy's council and General AJfimbly of this province^ and it is hereiy
enaEledby the authority of thefamey That the faid atl be, and is hereby repeaied, to all intents and purpofes,
as if the fame had never been made.
Not to extend III. Provided neverthelefs. That nothing in this a£t fhall be deemed or taken, to extend to any law fuit
to any sut al- already commenced and depending, upon the breach of the faid law.
nienced.
CHAP. 5. An act for impowering ihejcv.ralcommijfiontrs h -rein after named, to make, mend and rtpair all reads^
Bep. 1 1764 3, bridges, cuts andwatir.courjes, already laid cut, ar hereafter to be laid out, fn ikcftveral counties
and dijlricts herein after appointed, m fuch inanner as tk'.y judge moji u/ful to ike public, rep.
CHAP. 6, Al act/or erecting afort fication on thelowtr part of Cape- fear river, for apphing thereto the powder.
monev already ari/en, or which fliait arifj by Jhiptiing coming into the po^t cf BrunfioicL 'g
WHEREAS from the prefent war with France and Spain, there is great reafon to fear, that fuch f
parts of this province which are fituated moft commodious for fliipping to enter, may be invaded
by the enemy ; and whereas the entrance of Cape-Fear river, from its known depth of water, and other
conveniences for navigation, may tempt them to fuch an enterprize, while it remains in fo naked and de- j
fencelefs a condition as it now is : therefore, for the better fecuring of the inhabitants of the faid river from,
any iniult and invafion }
Commitsicncrs II. We pray that it may be enafted, And be it enaBeiby his Excellency Gabriel John/hn, Efq ; Governor,
appoimcu, i,y g„^ ^^^lijj ffjg advice andcenfent of his Majejlys council and General Ajfembly of this province, and it is hereby
enaEltd by the authority of the fame. That his Excellency GabrielJohnfton, Efq ; governor, the honourable
Nathaniel Rice, Robert Halton, Eleazer Allen, Mathew Rowan, Edward Mofeley, Roger Moore, Wiiliain
Forbes, Efqrs. and colonel James Innes, William Faris, Efq j Major John Swann, and George Moore, Efq.
be, and are hereby appointed commillioners •, who, or the majority of them, Ihall have iuh power and au-
thority to ereft and build a fort or battery, in fuch place on the lower parts of Cape-Fear river, as to the
majority of them (hall feem moft convenient, for the defence of the faid river : which fort or battery fhall,
be called Johnlton's fort, and fhall be large enough to contain, at leaft, twenty four cannon, with barracks,
and other conveniences, for foldiers.
Powder money. III. And for defraying the charges of building fuch fott or battery, Be it enaSitd by the authority aferefaid.
That the powder-money already paid to the naval officer of port Brunfwick, or to the commiflioners of*
navigation of the f.nd port, fince the fixth day of March, one thoufand fevea hundred and thirty eight, by
virtue of an a£t of AfTembly, intituled, an a£l for facilitating the navigation of the feveral ports of this pro-
-vjnce, and for buoying and beaconing the channels leading from Occacock-Inlet to Edenton, Bath-towa .
and Newbern, and from Topfail lolet to Beaufort town, and other port* and Inlets wlt^n the faid province 1745. 71
herein mentioned, and for providing fufiicient pilots, for thefafe condu£l of vcflelt ; and all powder-money Ut'-v*'^.;
j which (hall hereafter arife by vefleJs coming into the faid port of Brunfwick, ihall he applied, by the com-
! milDoners aforefaid, or the majority of them (after deducing a fum fufficient for finifliing the pofting and
) ftakiiig •ut the channel between Brunfwick and Wilmington, not exceeding the fum of fifteen pounds,
' proclamation money) to th^ charge of building and eredHng the faid fortification as aforefaid, and to no
Other purpofe or ufe whatfcever ; any thing in the faid aQ. to the contrary, notwithftanding.
' IV. ^nd be ft further ena^ed by th^ authority aforefaid., That the feveral naval officer* of the port of Brunf- Kaval-officct to
wick, or other perfons, who have any of the powder-money, of or belonging to the faid port, in theit hands \ accjuu.
and the naval officer who fhall heieafter receive any powder-money of or for that port, (hall, when called
upon by the aforefaid coramiffioners, or the major jjart of them, appear before them, and fettle their ac-
count, upon oath, and pay to the faid commiffioners, or the majority of them, or their order, all fuch Ann
and fums of money alre:idy received, or which ftiall hereafter he received by him or them ; and a receipt
under the hands of the faid comniithonersj or thsir order, {hall be a fufficient difcharge to the faid officer,
for fuch fum or fums of money fo paid.
V. And be it further tna^ed by the fluthriiy ^rfbrefaid, That if any fuch perfon or perfons, who have already Penalty for ^
feceived any powder-money as afore-mentioned, or who hath any fuch money in his liands, or who here- "^S'^-
after (hall receive any fuch ^Kjney, Ihali, upon due notice given, refufe to appear to account, upon oath,
'and pay the money due from him or them, he or they fo refufing or neglecting, (hall forfeit the fum of for-
ty pounds, proclamation money ; to be recovered by the commiffioners, or the majority^of them, by afki-
tm of debt, bill, plaint or information, in the general court of this province, wherein no prote£lion, injunc-
tion OT v/ager of law, (hall be allowed or admitted of, and applied towards building the (aid fort ,• and (hall
be alfo liable to an aftion for all fuch fums of money as are in his or their hands, at the fuit of the com-
miilioners aforefaid, or the major part of them.
VI. ^nd be it further enacted by the authority aforejaid. That if any one or more of the commiffioners be- Commlss;o:ier»
fore mentioned, (hall die, or remove out of this province, or refufe to a£t, that in fuch cafe it fliall and may ''*P* "P*
be lawful for the majority of the remaining commiffioners, to recommend double the number of the perfon
Or perfons fo dying, leaving the province, or refufing to a£l:, to his excellency the governor or commander
in chief for the time being, out of which he is hereby impowered to appoint one or more commiilioners to
aft in the room of I'uch fo dying, leaving the province, or refufing to a£l:, as aforefaid ; and fuch commif-
fioner or commiffioners fo appointed, (hall have the fame power and authority as any other commiffioner
or commiffioners have, or ought to have, by virtue of this a£l.
VII. And be it further enaBed by the authority aforefaid., That the commiffioners herein before nominated To lay tbsir ac'
and appointed, are hereby compelled tolay their accompts before- the Governor, Council and General Af- counts before
fembjy of this province, for all fuch fum or fums of money as they (ball, from time to time, receive by vir- a'* » "
ttie of this a£k.
VIII. Andbeit further tnacted by the authority aforefaid. That it ffiall and may be lawful for any perfon or May use adji.
perfons, by the direftion of the commiffioners aforefaid, or the major part of them, to cut down and make *^*"* timber,
ufe of any timber tree or trees, (landing or growing upon any of die moft convenient lands to tiie (aid fort,
to be ufed in building and erefting the fame.
An aB to add that part of the province called Mattamu/keet, and lake, to Hyde county, CfiAP. 8.
WHEREAS the inhabitants of Mattamulkeett, and the la*:e, for thefe many years paft, have been ob-
liged to attend Currituck county court, being from their habitations upwards of one hundred mUes,
through a bleak and dangerous found, which is always attended with great fatigue, and often times their
lives expofed to great danger, and frequently, by contrary winds, difappoiated of their paffages, and de-
tained from their families ; For remedy whereof for the future,
II. We ptay that it may be ena£led. And be it enaSied by his Excellency Gabriel Johnflon, Efq. Governor, MattaTnuskeet
by and -with the advice and confent of hit Majefly^s Council, and General Affembly of this province, and it is hereby (ieemed part of
enacted by the authority of the fame. That Mattamulkeet and the lake thereunto belongiQg, ffiall, from hence- H/de county,
forward, be accounted, taken, reckoned and deemed part of Hyde county ; and that the inhabitants
thereof ffiall be fubjeit and liable to the fame orders, rules and taxes, as any other of the inhabitants oi the
faid county are, or hereafter (hall be ; any law, cuftom or ufage to the contrary, notwithftanding.
72 1745.
THETITLES OF THE PRIVATE ACTS.
7 Au ftft to ftppVmt enmmijiioners in the pl«c« »nd stead of
those deceased, to complete and finigli the church at New«
bern, and for addltig the present churchwardens And ves-
trymen to the said commisaiouersi and for empowering
the said comraissioners, churchwardens amd vestrymen,
to caU the former commissioners to account, for all mo-
nies by them received for the use of the said church, and
to appropriate it to the jjurpose aforesaid, and, in case of
insufficiency, to lay a levy to accomplish the same.
9 An aft to impower the commissioners of ihe town of Edenton,
to keep in repair tne f-ovcn fence, and to treSi aixl build
a pound, bridges, public whirf, and market-house; as
»Uo to eredt and build a schoul-house tn the said tovrn.
and for other purposes therein Tnentionsd.
10 An aft for the better regulating the town of Wamington»^
and for confirming and establitbing the late sur>'ey of thi
same, with the plan anne^^ed.
11 An aft for fencing the town of Bath, and re surveying the
* -common belongi.ig to the said town, and exempting th«
inhabitants from working on the main roads; and to
give liberty to the inhabitants to build on and improve
the front or water lets, and to appoint commissioners for
the purposes aforesaid.
12 An aft to encourage persons to settle in the town of Bruns^
wick, on the southwest side of Cape-Fear river,
Signed by GABRIEL JOHNSTON, Esq. Gpvermr,
Nathaniel ^ice, Pre/tdent,
3amv&I< Swa»i^^ Sf^ajfTf
1, 174G. 73
At a General ASSEMBLY, held at Newbern, the Twenty-eighth Day ofG*^^«'^^-^
Jiuie, in the Year of our LorcJ One Thousand Seven Hundred and Forty- Esq. Governor.
six.
An aB for the better regulating the militia of this government, exp. cha^. 1.
An aBfor ereBing the upper part of Craven county into a county andparifj, and for appointing a place for build' CHAP. 2.
ing a court-heufey prifen, and flocks, in thejaid county. 1^56, 9.
WHEREAS Craven. county is now become io very extenfive, that many of the inhabitants thereof
live very remote from Nevi'bern Town, where the court for the faid county is held, whereby a
^reat many difficulties and hardships arife to the upper inhabitants thereof, nol: only in attending their or-
dinary bufmefs in the faid ^ourt, but alfo by being compelled to ferve as jurymen, and often times as e-
vidences, at the faid court : for remedy whereof,
II. We pray -that it may be enafted, And be it enaBed by his Excellency Gabriel Johnjion, Efq. Governor, J' hnston erea^.
by and ivith the advice and eonfent of his Majelly's Council and General Affcmbly of this province, and it is hereby en-
acted by the authirrityofthejame, That CraVen county be divided, by aline, beginning at the mouth of the
Southweft creek, on the Ibuth fide of Neus river, below Francis Strinper's ferry, running up the laid
creek as far as the aforefaid county extends that way, and runrnng a narth line from the mouth of the faid ^
fouthweft creek, as far as the county extends norihwardly ; and that the upper part of the faid county be
erefted into a county, by the name of Johnfton county, and St. Patrick's parifh, as divided by a line that
fliall be s^^reed.on by the commiiTioners hereafter named : And that the faid county andparifti fhall enjoy
all the privileges and advantages that any other county and pariQi in this province holds or enjoys ; fave
pnly that the laid county (hall fend but two reprefentatives to fit in the General Aflembly.
' rhi nmaining fivtn Ji&ions a^rc of a temporary or a private nature, and fame, cf them repialed.
An aBfor dividing Edgcomb county and par'fh, and for ereBing the upper part thereof into a county and parifh, CHAP. 3,
by the name of Granville county, and St." fohr^s parifh ; and- for appointing vefrymen of the faid parijif. 1755,9.
HEREAS the county and parifh of Edgcomb, being a frontier county, is now fo extenfively
fettled, that the public bufinefs of die faid county- and parifh becomes very difficult to be tranf-
aaed:
I. We .therefore pray that it may be enafted, And be it enaBed by his Excellency Gabriel Johnfon, Esq. Granville ere<a^
Governor, by and •with the advice and eonfent of his Majeflfs council, and General AJJembly of this province, and '
by the authority ^ the fame. That Edgcomb county arid parifli be divided by a line, beginning at the mouth
of Stonehoufe creek, on Roanoak river, to the mouth of Cyprefs fwamp, on Tar river, and from thence
acrofs the rivei", in a dir^£l courfe, to the middle grounds between Tar river, and Neufe river, being the
dividing line between Craven and Edgcomb counties ; and that the upper part of the faid county and pa-
rifh, as divided by the line that fhall be agreed on by the commifTioners hereafter named, be erefted into
a county, by the name of Granville county, and St. John's parifh : And that the faid county and parifh
(hall enjoy as many privileges as any other county or parifh in this province holds and enjoys, fave only
^at the faid county fhall fend hut two reprefentatives to fit in the General AfTembly.
Ihi remaining JcVi. nfiflions of a private or a temporary nature, and part of them reptalei or altered.
Vol. I. U
Signed by GABRIEL JOHNSTON, Efq. Governor.
Nathaniel Rice, Pr^tdmty
Samuel Swaiiim, Speaker,
4-* Zi I tlV,
h^B^^lv -^^ ^ General Assembly, held at Wilmington, the fifth day of December, it».|
Esq, Gover'nor. tlic Ycar of our X-ord One Thousand Seven. Hundred and Forty -six.
CHAP. 1.
Not now in
fjice.
CHAP. 2.
Not now in
force.
jin aB for the letter afcertaining the number of members to be chofenfor the federal counties nuithin this provincey
to Jit and vote in General AJfembly ; and for eftablijhing a more equal reprefentative oj all his Majejijs fubje^s
in the houfe oj Burgeffts. (a)
An aSl to fix a place hr the feat of Government^ and for keeping public offices ; for appointing Circuit eourtSf
and defraying tht encpence thertoj ; and olfo for ejlabltfhing the courts ofjujlicey and regulating the proceedings
therein, (bj
Signed by GABRIEL JOHNSTON, Esq. Gotw««r. ^^
Eleazer Allen, Prefident.
Samuel Swamn, Speaker.
fa) This aa, in Davis's edition, is said to have been repeated, and I presume it was repealed by the King in Council, thnoirh
I have no authority to assert so. But it is very certain, that for many years before the revolution, the representation was diffeient
from that prescribed in this aift. However, at a'l events, I think I am warranted in saving it is not now in force.
{bJ This a& is likewise sa'd, in Davis's edition, to have been repealed, and I presume (though without sufi&cient authority to
assert so,) that it was repealed by the King in Ceuncil. However it is certainly not now inforce.
3,174.6. 7S
At a General Assembly, held at Newbern, the seventh day of March, inth€ fonL.^..
Year of our Lord One Thousand tieven Hundred and Forty-six. Esq ouvemor
STON,
J^aBfor appointing commiffimers to revife and print the htvs ofthisprovicce, andjor granting to his Majeflyfor chap. 1 ,
defraying the charges thereof a duty on noine. rum and dijiilleid tiquors, and rice, imported into this province. „ 1748 7
WHEREAS for want of the laws of this province being revifed and printed, the magiftrates are of-
ten at a lofs how to difcharge their duty, and the people tranfgrefs many of them through want of
Snowing the fame : "Wherefore,
II. We pray it may-be enafted, And he it enaSied hy his Excellency Gabriel jihnllon Efq. Governor^ by a«i Commissioner
•with the advice and confnt of his Majejlfs Council, and the General .ijfembly of this province, and by the authori' ''' •'''^''^e tt-e
ty tf the fame. That the Honourable Edward Mofeley, Efq Samuel Swann, Efq. the Honourable Enoch '*^^^"
. Hall, Efq- and Mr. Thomas Barker, or thC; majority of them, be, and they are hereby nominated and
appointed- comn»iffioners, to revife and print the feveral A'5ls of Aflembly in force in this province
III. And be it further eitoEied, That the faid commiffionerS fhall revife the fai<la£ts of Aflembly, and Compiiaiion
compile them in one body, and make an index, marginal notes, and references thereto, and ffiall lay the °*'^*^'
fame before the ne:^t fucceeding General AlTembly after they fliall have io revifed and compiled them, to
be ratified and confirmed ; and fuch only of the faid commiflioners as fhall revife the laws, fhall have
and receive, for their trouble in revifing and compiling the faid afts, thefum of fixty pounds,, proclama- ...
fion money; to be paid- by' the General AiTembly, out of the duty on wine,, rum,- and diftilled liquors,.
and rice, arifing and made payable by virtue of this a£l.
IV. And be it further enaEied, That after the faid a£ts fliall be revifed afld compiled by the faid com- Laws printed,
miflioners, orthe majority of them, as aforefaid, and ratified and confirmed by the General AiTembly, ^'d copies to
die fame fhall, with all convenient fpeed, be printed, by the faid commiflioners, or the majority of them, ^ S>^en.
vrho fhall fumifh and deliver fev«ral books of the ftid laws, well bound, and lettered' on the back, to the
feveral officers, offices, and courts, herein after mentioned ^ that is to fay, o\QX.O'h\s Excellency the Go-
vernor, one fdr the ufe of his Majefty's council, one for the ufe of the General Ailembly, one for the ufe
of the Secretary's office, one for the ufe of the General court, and one to each and every county court ,rivle^'^'^'^ ^"
refpe£iively in this province : And fuch only of the faid commiffioners who (hall revife the laws afore-
feid, fhall have and receive, for printing the faid a£ls, aad furnifliing and delivering tha feveral books p,jcej,f -he
aforefaid, the fum of one hundred pounds, proclamation money ; to be paid by the General Aflembly, book.
out of the money arifing by the duty before mentioned ; and alfo, the benefit and- advantage of the fole
printing and vending the books of the faid laws, for and during the fpace or term of five years ; and fhall
not take or receive above the fum of fifteen {hillings, proclamation money, for each book by them fo print-
ed.
V. And be it fiirther enaB^d by the authtrity cforefaid. That if any perfon or perfons (hall import into I'enalty on im-
Ais province, any printed book ot books, or (hall fell, or offer to fale, any printed book or books of the P'^""^8 o*" sd-^
feidlaws, within the term of five years, without the licence of the faid commiffioners, their heirs or af- pj,^.
figns. other than fuch as fhall be printed by the order and approbation of the faid commiffioners, their .
heirs or affigns, fueh perfon of perfons fhall forfeit and pay, to the faid commiffioners, their heirs or af-
(igas, thefum of five pounds, proclamation money, for each and- every book fo imported, fold, or of-
fered to fale, contrary to the true intent and- meaning of this aft; to be recovered in the fame manner
as other forfeitures in this a6h
VI. And be it further enaSled by the authority aforefaid. That if any furplus of the money arifing by virtue Smplus ot the
of this ail, fhall remain, after payment of the faid feveral fums to the commiffioners aforefaid, for revifing fund ho»v appli.
and compiling, printing, furniffiing, and delivering the faid feveral books aforefaid, the fame fhall be '^'~^'
applied, by the General Afierably, for and towards difcharging the public debts of this province;
Printed copy
evidence.
Secretary fo
76 3,1746. VII. And be it further enaBed by the authority aforefaid, That the feveral books of the laws, revifed and
\.<»-r<0 printed by the faid commiffioners, or the majority of them, as aforefaid, (hall be allowed to be given in
evidence in all and every of the courts of judicature in this province, and before any magiftrate or magifr
trafes, in any matter or controverfy depending before them-
VIII. And for furntfliing the commiffioners aforefaid with a true and perfefi copy of the faid laws,
fjiriaws^o the -^^''^''^'^^''»''^^^**^^'^^""^*^'y °^*^^^ P'°^^"^^ ^^'' ™3^® °"*^ and deliver, to the faid commifFioriers, '"
eommissioners. or the majority of them, a true and perfect: copy of the faid laws now in force, and the titles of fuch as
have been repealed or become obfolete, which (hall be, by the faid commiffioners, or the majority of
them, examined with the original ; for which, copy, and for tranfcribing and fending copies of this a£t-
to the feveral receivers of the duties laid in this aft, (which he is hereby required immediately to do,) he
fhall have and receive the fum of twenty pounds, proclamation money ; to be paid by die General Af-
fembly, out of the money arifing by virtue of this aft.
The remaining feSlions of this a£l, ffrcmfeSi. 9tofe£l. 19 incluftve,) froviding a fimdto raifeihefum of money
allowed to the ^ommiJfionerSi having had their effect^ aftd being in their nature temporary, are omitted.
CHAP. 2.
i7o6, 9.
An aB to repeal a claufe in an aB, intituled " An a£l: for erefting the .upper part of Craven county into a
county and parifti, and for appointing a place for building a court-houfe, prifon and itocks, in the faid
county ; and the claufe in an aB^ intituled. An a£l: for dividing Edgcomb county and parifh, and for
erefting the upper part thereof intoacounty and parifh, by the name of Granville county, and St. John's
parifti, and for appointing veftrymen of the. faid parifh ; luhich direB that all public, county and parijh le-
vies, due from any of the inhabitants of the faid county of Granville, f jail be colleBed by the Sheriff of Edgcomb
county ; and that all public county andparilh levies , due from any of the inhabitants of Johnjlon, fhall be colleBed
by the Sheriff of Craven county^fo far as may relate to the taxes or levies laid and made payable for the year one.
thoufand ftven hundred and forty fix. OBS.
Signed by GABRIEL JOHNSTON, Efq, Governor,
Nathaniel Rice, Freftdsnt.
SaiviUEi. ^WANN, Spef.hr.
iiMI liny l.»-*M|>HUiia>gB»i«'«eriC»ilU— MIWiillNIW.WM'iMM'm iMl.»J JilJWi.«l«ll»» i»:»lil»l,<iu n
At a General Assembly, held at Newbern, the Sixth Day of April, in the
Year of our Lord One Thousand Seven Hundred and Forty-eight.
174 3.
Gabriel
JoHXs row,
iisq Qovetnof,
An oSi to appoint public treafufers . exp. chap. 1.
AnaB for regulating the feveral officers' fees ivithin this province^ and a,fcertaining the method of paying the fame. chap. 2,
The general objea of this Z.&. provided for by subseqnent Lfls
An act to prevent the exportation of raw hides, pieces of hides, arj calf-fkins, out oj this government. chap. 4'.
Rep 2, 175], 14.
An act t9 appoir.t conwvffioners to continue running the boundary line between Edgccmbe county, Tyrell, and part of chap. 5.
Beaufort counties.
'HERE AS the commiiTiGiTers, appointed by an z€t, intituled " An zdc for afcertaining the bounda-
ry Hne between Tyrell county and Beaufort county, and between Edgcombe county and Tyrell
county and Benufort county, have" run a dividing line between Edgcomb county and Tyrell county, and
part of Beaufort county and Edgcombe county, from Roanoke river, as far as the mouth of Cheek's mill
creek, on Tar-river, in Beaufort county ; and whereas the tax laid and colieded in the faid feveral coun-
fies, for defraying the charge of running the faid boundary lines, is found infufficient for carrying on the
fame :
II. We therefore pray it may be tmSXe^, And he it enabled hy his Excellency Gabriel Jehnffon^ Efq. Cover- Commissioners
nor, by and with the sidvice and confrnt of his Majeffy's Council and General Afftmbly of this province, and it is appointed.
hereby enaSlcd by the authority of the fame. That Mr. Jofeph Howel, and Mr. Jofeph Lane, be, and are here-
by appointed commiffioners, for finifliing the faid line between part of Edgecomb, Beaufort, and Johnfon
counties, already begun and carried on, to the mouth of Cheek's mill creek, in Beaufort county, on Tar
river : and from thence fhall run, with a ftraight line to Contentnee, at the mouth of Tolneat fwamp, and
(hence up the main flream of Contentnee, oppofite to the mouth of Cyprefs fwamp, on Tar river, which
faid line, when run by the commillioners aforefaid, (hall be by them entered on record, in the court of Edg-
comb county aforefaid, and fhall hereafter be deemed and taken to be the true bounds of the faid county.
III. Relating to a tax to defray the expences of running the line. OES.
IV. And be it further enacted by the authority aforefaid. That all and every claufe and claufes of the aft, in- Repealing
tituled, an a£l for afcertaining the boundary line between Tyrell county and Beaufort county, and between clause.
Edgcomb county, Tyrell county and Beaufort county, fo far as relates to running the boundary line be- Arte, p, 50.
twoen Edgcomb county and Beaufort county, is and are hereby repealed and made void, as if the fame
had never been made.
4n a&fer dejlroying vermin in this provinee. chap 6
Rep. 1757. 12,
An a£l to enlarge the time for the commiff overs of the roads, appointed by the afl of A/ffmhly i)aff'd A- chap. 7.
pril ike tuien'idh, one fhnvfand ftven hrndredand fcrty-f.vf, ivtitvfed, Av a£V to ijripcwer the feveral
commiflioners herein after-named, to make, merid and repair, all roads and hndres, cuts and wrfer-cour-
fes, already laid out, or hereafter to be laid out, in the feveral counties and diftrifts herein after appoint-
edj'ih fuch manner as they jlidge moll ufeful to the public, to recover thejtveraljums due from de-
faulters, REP.
An act to provide indifferent jurymen in all cavfes, loth civil and criminal, avdfcranallozrancfjor chap. 8.
their attendance, rep, ProvuVr'forby
'ubsfquen»afls.
, ^ 3, i?r9, 6, ires, 11. ir86, 12. !?&;, 21.
VOL. 1. X
A fortification
atOccacockln'
let, &c.
Comm'ssion-
ers.
Fortification at
Topsail Inlet,
Commission-
ers.
Fort at Bear-
Inlet, &C|
Commission-
ers-
Port at Caps-
yin aS for granting unto his Mnjijly the fum eftnuenly oneihoufand three hundred and fifiy pounds, proclamation
money, and for Jlamping and emitting the /aid fum of twenty one thoufand three hundred and fifty pounds, public
bills of credit of this province ^ at the rate of proclamation money ; to be applied towards building fort fcatums in
this province, payment of the public debts, exchanging the prefent bills of credit, and for making proper provif.on
for defraying the contingent charges of the government ; and jor repealing the fiver al laws herein after men-
tioned.
WHEREAS during the prefent war with France and Spain, this province hath received great da-
mage, by the enemies' privateers coming into the ports and harbours of the fame, which are in-
tirely defencelefs and witiiout any fortifications, and taking and carrying away the veffels thereout, and
landing, and plundering the inlxabitants: and whereas the great fcarcity of currency is fuch, that it is im-
pra£licable to raife a fum by an immediate tax on the people, fufficient for building proper forci5catioii3,
for the defence of the faid ports, and to difcharge the public debts .• wherefore,
II. We pray that it may be onafled. And be it enacted by his Excellency Gabriel Johnjlon, Efq. Governor, by
and with the advice and confent of his Maj fly's CounHl and General Ajfembly of this province, and it is hereby enaEi'
edby the authority of the fame, Tiut out of the current bills of credit to be emiUed by this aft, the fum of
two thoufand pounds fhall be depofited by the faid commiffioners, in the hands of Thomas Barker, gentle-
man, Treafurer for the northern counties, or theTreafurer for the faid counties for the time being, for the
building a fortification at or near Occacock Inlet, for tlie fafety and defence of that harbour \ and the com-
miffioners hereafter named (hall have full power and authority to build the faid fortification, and by war-
rant under their hands, or the hands of the major part of them, to draw, from time to time, out of the
hands of the faid treafurer, fuch fum or fums cf money as Ihall become due to the feveral workmen employ-
ed by them in building the faid fortification •, ani the faid Treaftirer is hereby required, on luch warrant
or warrants being produced to him, to pay the fame accoidingly.
III. And be it further enaSied, That his Excellency the Governor and Commander in chief for the time be*
ing, Mr. Benjamin Peyton, Mr. Samuel Sinclare, Mr. Francis Stringer, Mr. James Macklewean, Mr. John
Haywood, and Mr, Peter Payne, be, and are hereby appointed commiflioners, for erecting and building the
faid fortification.
IV. And be it further enaSledby the authority aforefaidy That the fum of one thoufand five hundred pounds
(hall be depofited by the faid cornmilTionevs in the hands of Edward Mofeley, Efq; trieafurer for the fouth-
ern counties, or the treafurer for the faid counties for the time being ; for the building a fortification or
fortincatioas at or near Old Top -fail inlet, for the fafety and defence of that harbour ; and the commiffion-
ers hereafter named (hall have full power and authority to build the faid fortification or fortifications, and
by warrant under their hands, or the hands of the major part of them, to draw, from tiine to time, out of
the hands of the faid treafurer, fuch fum or fums of money as fhall become due to the feveral workmea
employed by them, in building the faid fortification or fortificatioua ; and the faid treafurer is hereby re-
quired, on fuch warrant or warrants being produced to him, to piy the fame accordingly.
V. And be it further enacted. That his Excellency the Governor and Commander in chief for the time be-
ing, Mr. Thomas Lovick, Mr. Arthur Mabfon, Mr. John CUtherall, and Mr. Jofeph Bell, be, and are here-
by appointed commiffioners for erefting and building the faid fortification or fortifications.
VI. And be it further enacted by the authority aforesaid. That the fum of five hundred pounds fhall be de-
pofited by the faid commiffioners, in the hands of the treafurer of the fouthern counties aforelaid, or the
Treafurer of the faid counties for the time being, for the building a fortification at or near Bear Inlet, for
the fafety and defence of that harbour ; and the commiffioners hereafter named, fhall have full power and
authority to build the faid fortification, and, by warrant under their hands, or the hands of the major part
of them, to draw, from time to time, out of the hands of the faid treafurer, fuch fum or fums of money as
fhall become due to the feveral workmen ernployed by them, in building the faid fortification ; and the
faid treafurer is hereby required, on fuch warrant or warrants being produced to him, to pay the fame ac-
cordingly.
VII. And be it further enaSIed, That his Excellency the Governor and Commander in chief for the time
being, Mr. Samuel Johnfton, Mr. Edward Ward, Jun. Mr. Stephen Lee, and Mr. John Starkey, be, and
are hereby appointed commiffioners, for ere£ling and building the faid fortifications.
Vill. Ani be it enacted, That the fum of two tlioufand pounds fhall be depofited by the faid commiffH
oners, in the hands of the treafurer of the fouthern counties aforefaid, or the treafurer of the faid counties
for the time being, for the building a fortifieation at or near the mouth of Cape- Fear river, for the fafety
md defence of that harbour ; and that the cornmifitoners appointed by an a£l: of the General Aflembly, 1748. 79
. ntituled « An z€t for eredrng a fortification on the lower part of Cape-Fear river, for applying thereto the u*-v*«J
i;« powder money already arifen, or which (hall arife, by {hipping coming into the port of Brunfwick, to be Commission-
[|« laid cut and applied tojvards building a fortification at Cape-Fear," ftiall have full power and authority, *^"' ■
3y warrant under their hands, or the hands of the major part of them, to draw, from time to time, out of
':he hands of the faid treafurer, fuch fum or fums of money as fliall be due to the feveral workmen employ-
ed by them in building the faid fortification ; and the faid treafurer is hereby required, on fuch warrant
or warrants being produced to him, to pay the lame accordingly ; and the faid treafurers (hall be allowed Treasurers al-
Ibne per cent, for receiving the faid money, and paying the fame out again, as aforefaid. lowance.
! IX. And be it further enaEled by the authofity aforefaid. That Eleazer Allen, Edward Mofeley and Samuel Commksicners
iSwann, Efqrs. and Mr. John Starkey, are hereby appointed, authorifed and impowered commiffioners, to buis*of3f.
jftamp and make out, or caufe to be ftamped, with copper-plates, and figned with their hand?, public bills of
credit of this province, to the amount of twenty one dioufand three hundred and fifty pounds, at the rate
lof proclamation money j that is to fay, two thoufand bills of four pence each, two thoufand bills of eight
Ipence each, two thoufand bills of one fhilUng each, two thoufand of eighteen pence each, two thoufand,
iof two (hillings each, two thoufand of two {hillings and fix pence each, two thoufand of three {hillings,
leach, two thoufand of five {hillings each, two thoufand of fix fhillings each, two thoufand of feven {hil-
jlings and fix pence each, two thoufand of nine fhillings each, two thoufand of ten {liillings each, two thou-
jfand of fifteen {hillings each, two thoufand of twenty {hillings each, two thoufand of thirty {hillings each,
[two thoufand of forty {hillings each, and two thoufand of three pounds each.
X. And be it further enaEied by the authority aforefaid. That when the aforefaid bills are ftamped and fign- ^""T*"*^*^"^
ed, the commiffioners aforefaid {hall, within twelve months^ exchange the bills now current, after the rate^''^ *"2i •
©f one {liilling, for feven (hillings and fix pence, of thofe which are at prefent current ; which difference of
feven {hillings and fix pence, for one {hilling, proclamation, hath continued for divers years paft,.and is
at prefent the true difference ; and that after the expiration of the twelve months aforefaid, the prefent bills
of credit fl>all not be exchanged, nor {hall be a tender or taken in any payment whatfoever.
XI. And be it further enaSied by the authority aforefaid. That out of the reft of the paper currency, to be Puhlic debts to
ftamped and emitted by this ad, the feveral perfons to whom the public is debtor, according to the fchedule ^^ P'^^^'^^^^'g^.s^
hereunto annexed, ftiall be paid the fum» refpeftively doe to them by the commilfioners aforefaid. fo foon
as the fame may be conveniently done, after the bills by this a<a to be emitted, (hall be ftamped and {^ned,
of which the commiffioners aforefaid are to give truly and proper notice, by advertifments, fet up at the
feveral court-houfes in this government, that they will attend at Newbern, to exchange the faid bills, and
pay off the public debts, during the fitting of the two next fucceeding general courts, after fuch notice fet
up as aforefaid.
XII. And be it further enoHed by the authority aforefaid^ That the bills of credit to be emitted by this aa. Bills emitted a
{hall be current, and a lawful tender, in all payments whatfoever, as proclamation money, or as fterling ^«""^''' "'^•
money, at the proper di{Ference there is between proclamation money and fterling \ that is to fay, at four
fhillings, proclamation money, for three {hillings Iterling.
XIII. And be it further enaSied by the authority aforefaid, That if any perfon or perfons fliall counterfeit. Penalty on
alter or erafe, any of the public bills of credit of this province, or Oiall aid or affift in counterfeiting, alter- counterfeiters,
ing or erafing fuch bills, on fhall utter any of the faid bills, knowing them to be fo counterfeited, altered or
erafed, fuch perfon or perfons fo offending, fhall, for the firfto{Fence, be whipped, at the difcretion of the
court, not exceeding forty lafties, and ftand in the pillory two hours, and have both ears nailed to the pil-
lory and cut ofF ; and for the fecond offence, be deemed a felon, without benefit of clergy, and fhall be ad-
judged ih'd fufFer accordingly. ♦ • n. .• n j
XIV. Afid be it further enacted by the authority aforefaid. That after the feveral fums by this a^ direfted Remainder of
to be emitted and paid, fhall have been fet apart for the purpofes before mentioned, the refidue and re- the public mo-
mainder of the aforefaid fum of twenty-one thoufand three hundred and fifty pounds, fhall be and remain j^^^]^"^**
in the cuftody and keeping of Mr. John Carruthers, in Newbern, in a ftrong cheft, well fecured with
iron, with three diftitia locks : the key of one to be kept by the Governor for the time being, another by
the Secretary for the time being, the third by the Speaker of the AfTembly for the time being, fo as the
fame bills of credit may be always ready to defray the contingent charges of government, as the Govern-
or, Council, and General AfTembly, fliall dired and the fame cheft fliall not be opened for iffuing the bills
of credit, but m the prefence of the feveral perfons with whom the keys are by this ad intrufted, unlefs
.otherwife ordered and direded by the General Aflembly.
80 IT^S. XV. And be It further enacted by the authority afore/aid. That the fura of one (hilling, fproclamation nio-
i-*^vsj nej', be annually levied on every taxable perfon within this province, and be collected by tlie Sherift
Tax laid for of every rerpe(Aive county and fhall be paid, in gold, filvsr, or bills of credit, on or before the firft
b"ls "^ ^'"^ day of March, yearly ; and that all perfons neglecfting to pay the faid tax, at the time by law limited.
Distress on A^aH be liable to fuchdiftrefs to be made by the fheriff, as for non-payment of other taxes *, and the faia
iionpavment. fheriff of each and every county, on or before the tenth day of June, yearly, (hall return a lift of taxa»
Sherifltore- bles, and alfo account, upon oath, and pay into the hands of the public treafurer of the refpeftive coun-
taxabies, and ties, all fuch fums of money as he (hall have received by virtue of this a£l, under the penalty of two
account with hundred pounds, proclamation money, for every default ; which faid penalty fhall be recovered, by ac*
• Oie treasurer, j-jg^ of debt, bill, plaint, or information, in the fupreme court of this province, by any perfon who fhall
'^* fue for the fame ; wherein no eflblgn, injunftion, piote£tion, or wager of law, ihall be allowed or adis
rnltted of; the one moiety to him or them who (hall fue for the fame, the other to be applied by th^i
General Affembly of this province for the ufe the tax by this aft is intended : And the faid Affemblj^')
fhall caufe the faid bills fo paid in, to be annually burnt and deftroyed, until the whole currency fliall be funkv,
County treasur- XVI. And whereas there are divers confiderable fums of loan money due and unpaid, and the powefi
ers comakedis- of the treafurers to make diftrefs is already expired ; therefore, Be it enacted. That the feveral and ref«,
''^**- peftive county treafurers, their heirs, executors, or adminiftrators, fhall, and are hereby empowered ani,
authorifed, at any time hereafter, to make diftrefs of all goods and chattels of perfons who are indebted
for any loan money, or for want of fuch goods and chattels, to feize and difpofe of fuch mortgaged lands,
in order to difcharge fuch fum or fums due and in arrear on fuch mortgages ; the expiration of any law
to the contrary, notwithftanding,
T.?a-,urertoa«- ^.VIL And be it further enacted by the authority aforefaid, That the feveral county treafuriers, their heirs,
count, Sec. executors, or adminiftrators, fliall pay, to the public treafurer of the refpeftive counties in this province, ,
all the bills of credit now in their hands, or which hereafter fliall be by them, or any of tlieni, refpedive-
ly received ;• and the faid public treafurer fhall account with, and pay to the General Aflembly,all fuch
fums of money as they fhall receive in virtue hereof ; which lliall be burnt and deftroyed : And the clerk
of the AfTembly fhall keep a fair account of all monies that (hall, from time to time, be paid in and bu-mt.
Corrmissicncrs' XVIIl. And be it further enaBed by the autherity aforefaid, That the commiftioners heroin before appoint-
bond. ed, fliall, before they enter upon the Execution of their refpeftive ofRces, give in bond, to his Excellen-
cy the Governor, for the ufe of the public, in the fum of three thoufand pounds, proclamation money, ,
each for the dvte and faitlifiil execution of his office, according to the true intent and meaninp; of this ad.
AJlowKiice. XIX. And be it enaBed by the authority aforesaid. That the faid commiflioners fliall have and receive for>
their ftamping, exchanging, and paying out the faid bills of credit, the fum of five hundred pounds, >
proclamation money. ,
A<ns ff pea'ed. ^^- ^'^'^ ^^ '^ enacled, That the aft, entitled, An aft laying a tax for finking the now current bills of
credit; and alfo the aft, entitled, An a£l: for facilitating the navig;U:ion of the feveral ports of this pro--.
vince, and for bnoying and beaconing the channels lea;'. in g from Ocacock, to Edenton, Bath-town, and
Ne^'/Kern, and from lopfall inlet, to Beaufort -town, ?ind other ports and inlets v/ithin the faid province,^,
herein mentioned, and for providing fuiHcient pilots for the fnfe cotiduft of veftels ; and al|b the aft, for
raifing a public magazine of ammunition, upon the tonnage of all veflels trading to this government ; and,
every claufe andclaufes, articleand articles of them ; and alfo the claufe of qn a<^t, entitle*!, An aft fo^'l
appointing cgmminioners to revife and print the laws of this province, and for granting to his Majefty, for'
defraying the charge thereof, a duty on wine, rum, and difbiled liquors, and rice in-ported into tlii? go-
vernment, fo far as it relates to the collefting and receiving the faiid duties en wire, rum, and diftilled
liquors, be, and are hereby feyeraJIy repealed, and declared void, as if the fame bad neyer been nlide. J!
TH?: Tll'LES OF THE PRiVaTE ACTS.
5 Aa ail for laying a tax oa tlie inhabitant's of Granville cotm- 9 An aa.to alter tlve times for holoing the courts for tlig county
ty, and for appointing co-rimiBsioneis to complete and ol New- Hanover.
* Knishijie public buildings alr«ad/ begun ill the said <?ounty.
Signed by GABRIEL JOHNSTON, I.iq, Governor,
Nathanmi. Rict, Prefidcnt.
Samuel Sv. ann. Speaker.
2, 17i3. 81
At a General Assembly, held at Newbern,, the Fifteenth Day of Oaobcr in f^,^^l^.^^^
the Year of our Lord One Thousand Seven Hundred and Forty-eight. t.^q <iov.r'
Am jtS for defraying the expence of the members of hh M.ajtjlfs HtmuraUe Cmncil, and the members of the CHAP. 2.
General Affembly of this province, in their traveliing to, fronty and attending at thf faid AJJemhliesi and to
compel their attendance, (a)
An aEifor afcertaining the bounds of a certain traB of land formerly laid mt by treaty to the ufe of the Tufkarora In- chap. 3.
dians, fo long as they, or any of them, Ihall occupy and live upon the fame j and to prevent any perfon or perfotis An e p 23.
taking up lands, or fettling inithin the faid bounds, by pretence of any purchafe orpurchafes made, or that fhall be j^^g' j'^'
made, from the faid Indians. X7&0, Tj.
"W 7 HERE AS complairtts are made by the Tuflcarora Indians, of divers incrpachments made by the ^n- Vol. 2. 194.
W glilh on their lands, and it being but juft that the ancient inhabitants of this province (hall have
and enjoy a quiet aad convenient dwelling-place in this their native country ; wherefore,
II. We pray that it may l?e enafted, and be it enaSled, by his Excellency Gabriel Johnflon, Efq ; Governor, by
and ivith the advice and confent of hit Majeiifs Council and General Affembly of this province, and it is hereby en-
ured by the authority tfthefapu, That the lands formerly allotted the Tuflcarora Indians, by foleran treaty,
lying on Morattock river, in Bertie .county, being the fame whereon they now dwell, butted and bounded Boands con«
as follows, viz. beginning at the mouth of Quitfnoy fv/amp, running up the faid fwamp four hundred and "'^"'^''*
tlnrty polci to a fcrubby-pak, near the head of the faid fwamp, hy agreat^pring ; then North ten degrees
eaft, eight hundred and fifty pole, to a perfimon tree on Raquis fwamp ; then along the fv/amp and poco-
fou main courfe. North fifty feven degrees -Weft,.two thoufand fix hundred and forty pole, to a hickory on
the eafl fide of the falling run, or deep creek, and down the various courfes of the faid run to Morattock
river j then down the river to the firfl flatjon ,• j3iall be confirmed and afTured, and by virtue of this aci,
is confirmed and afTurediAinto James Blount,. chief of the Tufkarora nation, and the people under his chargcj
their heirs and fucceflors, for ever ,i any law, ufage, cuftom or grant.tothe contrary, notwithflanding.
Ill Provided always. That it fhall and may be lawful for any perfon or perfons, that have formerly ob- Persons having
tained any grant or grants, under the late Lords Proprietors^ for any.trafts or parcels of land within the a- S""'"*^' *°*""
forefaid boundaries,, upon the faid Indians deferting or leaving the faid lands, to enter, occupy and enjoy tfon of th^^ln-
.the fame, accordingto the tenor of their feveral grants^- any thing herein to the contrary notwithflanding. dians.
IV. And be it further enaBed .by the authority aforefaid. That it fhall net nor may be lawful, for the Lord
Granville's receiver to afk, have or demand, any quit-rents for any of the faid tra£l:s or parcels of land, ta- ^"«^'a"? not *»
ken up within the faid Indian boundaries, as aforefaid, until fuch time the Indians ha^e deferted the fame, ^** q""-««its«
and the patentee be in pofTefTion thereof; and then only for fuch. rents as (hall from thence arife and be-
come due ; any law, ufage or cuftom to the contrary, .notwithftanding.
V. And be it further enaSed by the authority .afurefaid. That no perfon, for any confideration whatfoever, Penalty on per*
(hall purchafe or buy any traft or parcel of land, claimed, or in poflefTion of any Indian or Indians, but all ^°"^ ^"J^^fV
fuch bargains and fale-fhall be, and are hereby declared to be null and void, and of none efFe£l ; and the difns." *° "'
perfon fopurchafingor buying any land ofany -Indian or Indians, fliall further forfeit the fum of ten pounds,
proclamation money, for every hundred acr^s by him purchafed and bought ; one half to the ufe of the
public, the other half to him or them that fliall fue for the fame ; to be recovered by aftion of debt, bill,
plaint or information, in any court of record within this government, wherein no efTdin, protedlion, injunc-
tion or wager of .law, fhall be allowed or admitted of,
(aj Since the revolution, aiSs have passedfrom time to time, prescribisg the allowance to the members of the Council of State,
snd the General Assenjbly, and the General Assembly have usually, if not constantly, voted their own allowance, each session.
See aet, Nov. 1787, Ghap. 20, for compelling the attendance of the members of the General Assembly,
Vol. I. ,Tf
82 2, 174.8.
Persons settled
on Indians'
lands, to re-
move, and no
others to settle
there, Sic
I'enalty.
Surveyor's fee-
Penalty for
ranging stocks
en the Indians'
lands,
VI. And be it further enaSled by the authority aforefaidy That all and every perfon and perfons, other than t
the faid Indians who are now dwelling on any of the" land within the bounds above-mentioned, to have
been allotted, laid out and prefcribed to the faid Tuflcarora Indians, fliall, on or before the twenty fifth <iay
of March, next enfuing the ratification of this aft, remove him or herfelf and family ofl the faid land, un
der the penalty of twenty pounds, proclamation money : and if any perfon or perfons, other than the faid
Indians, fliall negleft or refufe to move him oi herfelf and family off the faid lands, on or befote the fliid
twenty fifth day of March next ; and if any perfon or perfons, other than the faid Indians, fhall hereafter
prefume to fettle, inhabit or occupy, any of the faid lands hereby allotted and affigned for the faid Tufkaro-
ra Indians ; fuch perfon or perfons fhall forfeit the further penalty of twenty ftiillings, proclamation money
for each and every day he, fhe or they, (hall inhabit or occupy any lands within the faid Indian bounds, af-
ter the faid twenty fifth day of March next j the faid penalties to be recovered and applied in the fame
manner as the penalty in this adl firft above mentioned. ^ .
VII. And whereas the faid lands belonging to the Tuflcarora Indians, have been lately laid out and new
marked, by George Goulde, Efq- j Surveyor general, at the requeft of the faid Indians j Therefore be it
enafted, That the faid George Goulde, Efq ; have and receive, for the trouble and expence he hath been
at in laying out and marking the Indians' land aforefaid, the fum of twenty five pounds, proclamation mo-
ney ; to be paid by the public out of the monies in the public treafury.
VIII. And v/hereas the Indians complain of injuries received from people driving flocks of horfes» cat-
tle and hogs, to range on their lands j for remedy whereof, Be it enaiied. That perfons driving flocks
to range, or flocks adlually ranging on the Indians lands, fliall, and are hereby declared to be liable and
fubje£l to the like penalties and forfeitures, and may be proceeded againfl in the fame manner, and fubje£l
to the fa Tie recoveries, as by the law of this province flocks driven or ranging upoaany white people's land
are liable and fubje£l to ; and the faid Indians fhall and may enjoy the benefit of the laws in that cafe
made and provided, in the fame manner as the white people do or can ; any law, ufage or cuftom to the
contrary, notwithflanding.
CHAP. 4-.
Lands to be
•registered
vithin 12
months, &c.
Earl Granville's
liknds also.
An a5i for forming a rent-roll of all the lands holden in this province, for quieting the inhabitants in their poffeffi^m
ons, and for direBing the payment of quit-rents, (a)
I. T> E it enaEied by his Lxcellency Gabriel Johnflon, Esq . Governor^ by and with the advice and confent of his
fj Majeftfs Council, and General Ajfetnbly of this province, and it is hereby enoBed by the authority ef the fame.
That all pf'rfons, feized or pofTefled or any lands in this province, by any title or claim whatfoever, under
the late lords proprietors, fhall, within twelve months after this a£l fhall be pubUfhed, in the manner as
is herein after mentioned, regiller, or tender to be regiflered or entered, their patent, grant, or mefne
conveyance, by which they claim, if in his majefty's part of the province, in the office of the auditor-
general, or his deputy, if fuch lands are not already entered in the faid office, for which no fee or reward
(hall be taken, or with the clerk of the county court where fuch lands may lie, who fhall take and receive
the fum of fixteen pence, proclamation money, for each patent, grant, or mefne conveyance, or the
abflradl thereof ; which abflrafl fhall contain the buttings and Soundings, or defcriptions of the faid
lands fo regiflered or entered; and fhall likewife tranfmit an exa£l copy of the fame patent, grant, or
mefne conveyance, or the ab(lra£l thereof, fo regiflered, to the office of the auditor-general, or his deputy,
on or before the firft day of January, in the year of our lord one thoufand feven hundred and forty-nine,
under the penalty of five pounds, proclamation money ; to be recovered, by aftion of debt, in any of
his Majefliy's courts of record within this province, by any perfon whatfoever thit will fue for the fame.
II. And be it further enabled by the authority afonfaid, Thit all perfons feized or pofTefTed of any lands
within that part of the province granted by his Majefly, the feventeenth day of September, in the eighteenth
year of his reign, in the year of our lord one thoufand feven hundred and forty-four, unto the right ho-
nourable John Earl Granville, by the name, flile, and title of the honourable John Lord Carteret, fliall,
within twelve months after this a£l fhall be publiflied, in the manner as is herein after mentioned, enter,
or tender to be entered, their patent, grant, or mefne conveyance, by which they claim any fuch lands,
in the office of the right honourable the Earl Granville, at Edenton, or at the county court-houfe where
the land lieth, with fuch perfon as fhall be appointed by the faid Earl's agent or agents, who fhall enter
faj This aA is said, in Davis's edition, to have been repealed; Du'. a« I have ro other authority for that assertion I hare
thought proper to retain it.
the fame, or an abftraft thereof, for which no fee or reward ftiall be paid ; which abftraft fhall contains, 1743. 83
the huttings and boundings, and defcriptions of the faid lands. (-.—v^O
III. yiml Ik it further enoBed by the authority afcrefaidy That all patents, grants, ox mefne conveyances of I'^^te"'*' Ro-
lands, claimed under the lords proprietors, which fliall not be entered, or tendered to be entered, as afore- "°K*'''"^'^'
fald, either in the auditor's office, or the office of the Earl Granville, ftiall be deemed and taken to be
null 9nd void, and all the lands thereby granted, to be vacant lands, and fhall and may be granted by his Exception.
Majefty, his heirs and fucceflbrs, or by the Earl Granville, his heirs or alBgns, to any perfon v/hatfoev-
er ; excepting the lands of orphans, or minors, who fhall be allowed twelve months, and after they ar-
rive at age, to enter the fame in the auditor's office, o- Njffice of the Earl Granville; except alfo all
perfons now abfent in parts beyond the feas, who fb' oe allowed five years for entering fuch titles,
' m cafe they continue fo long abfent, but if they arrive looner, then only eight months after their arrival.
IV. And for the better afcertaining a yearly rent-roll to his Majefly, and Earl Granville, and for the is- Register to
curing the quit-rents for fuch lands as fhall hereafter be transferred from one perfon to another, by mefne transmit a list
conveyance, or will; Be it further enacted by the authority aforefaid. That the public regifler in each and ° j/^"?"
every county within this province, fhall, on or before the firft day of February, yearly, and every year,, auditor, &c.
tranfmit to the office of his Majelly's Auditor-General, or his deputy, or to the agents of the Lord Gran- Penalty,
ville, if the lands He in that part of the province granted to the faid lord by his Majefly, a true and exa£t
lifl of all the lands fo conveyed withjn fuch county for which he is Regifter, containing the parties' names,
the number of acres, fituation of fuch lands, and the date of fuch conveyance, under the penalty of five
pounds, proclamation money, for each negle£l ; to be recovered, by aftion of debt, bill, plaint, or in-
formation, in any of his Majelly's courts of record within this province, wherein no eflbign,. proteflion^
injunclion, or wager of law, fhall be allowed or admitted of, by any perfon who fhall fue for the fame ;.
for which fuch regifter fhall take and receive of the party regiflering, eight pence, proclamation money,
for each deed or mefne conveyance : and that the Secretary for the time being, or his deputy, do, in like
manner, on or before the firfl day of February, yearly, and every year, tranfmit to the office of his Ma-
jefly's auditor-general, or his deputy, or to the agents of the Lord Granville, if the lands lie in that part Copies of a'l
of the province granted to the faid lord by his Majefly, a true and exadl lift of all the lands bequeathed by "''"*.• ""'^*''
will, recorded in the fecretary's office, containing the date of the will, the name or names of the legatees, \^ ' ^P^"'"^
the number of acres, and the counties where fuch lands lie, under the like penalty ; to be recovered as a-
forefaid ; for which the faid fecretary, or his deputy, {hall take and receive, of the parties lodging fuch
wills in the fecretary's office, eight pence, proclamation money, for each will.
V. And whereas feveral perfons have been many years in quiet pofTeffion of lands in this province, and 20;jrears pos-
have, by fire or otherwife, loft their patents, grants^ or mefne conveyances of their lands ; Be it enaSted session a good
by the authority aforefaid^ That all perfons that have, or thofe under whom they claim, have besn in aftual ''^''^ "•"'^^'^ '^^^
and quiet pofTeffion of any tra£l or tra£ls of land, for the fpace of twenty years, next before the ratifica- stances.
tion of this aft, and fhall make proof thereof before the governor and council, or general court, or the
court of the county where the land lieth, and fhall enter fuch proof in the auditor's office, or office of the
Earl Granville, in cafe the land fliall lie within his territory or diftrl£l ; that then, and from thenceforth,
fuch perfons, their heirs and affigns, fliall quietly hold and enjoy fuch tra£l or tiadls of land, agJinft his
Majefty, his heirs and fuccefTors, or againft the faid Earl Granville, his heirs and affigns, he or they pay-
ing the higheft quit-rents that were afloally referved and made payable to the late Lords Proprietors, in
the refpedlive counties where fuch lands lie.
VL ksf Vn. Providing for the manner of paying quit^ents^ not thought neceffary to he inferted.
Vin. And he it further enaSied by the authority aforefaidy That the record of every patent or grant regif- Record of pa.
tered in the fecretary's office, or the abftra£ls of them, entered in the auditor's office of the Earl Gran- ?^"' '° ^^ goo*
ville, or exemplifications of them, duly proved, fhall be as good and valid in law, as if the originals were *"'*""'
produced, and n»y be pleaded and given in evidence as well as if the originals were in being.
IX. And be it further enaEied by the authority aforefaidy That the Secretary fhall make out, and fend to Secretary to
the clerk of the court of every county in this province, a copy of this a£l, within three months next after send a copy of
the ratification hereof, under the penalty of twenty pounds, proclamation money -, and the clerk of every '"'* ^ '° ^^'*
county court fhall, the firft court after the receipt of fuch copy, publifli the fame, by publickly reading '^'"""^'
thereof in open court, the fecond d ly of the fitting of the faid court, under the penalty of uventy pounds,
proclamation money : the faid penalties to be recovered, by a£lion of debt, bill, plaint, or information, in
any court of record in this province, by hunor them that will fue for the fame.
AtTa&to appoint an agent, tojoliai the affairs of this prcvime at tkejivcral beards in England, exp. chap. 5.
Ante, p. 7S.
Allowance to
the coiumis-
signers.
8t 2, n+S. An act to alter and amend an act, entitled. An a£l for appointing commilTioflers to revife and print the laws
'"•""^^^ of this province ; and for granting unto his Majefty, for defraying the charge thereof, a duty on wine,
CHAP, 7. rum, and diftilled liquors, and rice imported into this province.
HEREAS the revifmg and printing tfie laws of this province, though fo very much wanted and
defired, hath hitherto met with unexpefted delay : for remedy whereof,
II. We pray your moft facred Majefty that it may be enafted. And be it enaSltd hj his Excellency Gahrid
Johnfon, Esq. Governor, by and with the advice and confent of his Majejly's Council, and General .^ffembly y
this province, and it is hereby enaSled by the authority of the fame. That fuch commiiTioner or commiffionera
only in the above recited a£l: mentioned, who (hall revife and compile the laws of this province into one
body, and make an index, margmal notes, and references thereto, ready to be laid before the General
Aflembly, by them to be ratified and confirmed, {hall have and receive, to his and their own ufe, the.f^lm
cf fixty pounds, proclamation money, in the faid above recited law meiitioned ; and in order to enable the
faid commiflicner or commifliotiers to procure an able clerk or cjerks to expedite the fame, he or they
(hall have and receive the additional fum of forty pounds, proclamation moripy ; to he paid by th^ Gene-
ral Aflembly, out of the duty already arifen by virtue of the faid aft ;' and in cafe any deficiency (hall hap-
pen, then the faid commiffioner or commiffioners fhaU be paid the fame out of the public treafury : pro-
vided the faid laws (hall be revifed, compiled, and .compleated, leady to be laid before the General Af-
fembly of this province, within the fpace of five months, next after the ratificatiou.of this aQ., or at the
firft meeting of the General Aflembly after that term, and not otherwife. .. /
to h veth 1 ^^^" '^"'^ ^^ ^^ f"*"^^^^ ^"''^^^ h ^^^^ ''"^^^'"^^y '*fi^'/''^^i That fuch commifl5oner;or commimonerg, who
Tight of vend- ^^^^ revife and compile the faid laws as aforefaid, after the jatification of the fame, (halt print them, to-
ing for 5 years, gether with fuch other laws as fhall be pafl^ed to the time of fuch ratification, and (hall have the benefit
and 1001 for and advantage of the fole printing and vending the faid books, for tiie fpace pf five years ; and alfo have
and receive, to his or their own ufe, for printing and delivering the feveral books of the faid laws, men-
tioned in the above recited z6t, fo revifed and compiled, the fum of one hundred pounds, proclamation
money; and may lawfully tal:e and receive the fum of t\venty (hillings, proclamation money, for each
bound book by him or them printed and fold, and no more. ' - ' '
IV. And be it further enaSfed, That the faid laws ib revifedj compiled, and printed, by one.or.more of
.the commiffioners aforefaid, and ratified by the General AfTembly, as aforefaid, fhall be allowed to be
given in evidence, and, to all inteots an^ rpurpofes, be as good and,yalid in law, as though they had been
Penalty on ler- revifed, compiled, and printed, by all the commifTioners, or the rnajority of them : and all perfons are
sons offering hereby prohibited to import or vend any printed book or books of the faid laM s in this province, other
than fuch per Ion or perfons as (hall be authorifed and impowered by the commiffioner or coramifTiQners
who aftually revifed, compiled, and printed the fame, under the fame penalties, and to be recovered in the
fame manner, as is prefcribed in the a£t firft above recited, in cafe the whole number of commiflioners, or
the majority of them, had revif(^d, compiled, and printed the faid laws ; any law, or claufe of a law, to the
contrary, notwithftandirg.
THE TITLES OF THE PRIVATE A-GTS.
Commissioners
printing, Sec
Printed laws
evidence*
any to tale.
1. An afl to appo)r»t a convenient place for holding the county 6 An afi for the better reg'iUting the tswn of Newbern, (at
court of Granville, and to empower the commissioners fencing the same, a\ 4 securing th^: li; If s of .tlit several
hereafter named, to buiid a court-housd, prison, wid pejrsous.i^ho.hold iotsin the saifttowr..
stocks ill the said county.
Signed by GABRIEL JOHNSTON, Esq. Gpvermr.
NATrirA*lEL Rics, Prefident,
S^MyBlL SwANN, Sfeaier*
1749. 85
At a General ASSEMBLY, held at Newbern, the Fourteenth Day of April, CAMrtr.
in the Year of our Lord One Thousand Seven Hundred and Forty-nine. J°"^"°=''
/ti addit'toml aB to an eB entitled " An zGt for forming a rent-roll of all the lands hoMen In this province, for chap. 1 ;
quieting the inhabitants in their pofTeflions, and for dire£ling the payment of quit-rents." (a) *ht &2d sefls.
III.* A ND in order to prevent any miftakes that may arife, by the receiver-general, or the earl Gran- "-'-«e to the
_£\_ villa's coUeftor or receiver, their not knowing what lands are transferred from one perfon to Sneriffs fees for
another within this province, either by will, me&e conveyance, or other transfer } Be it enaBed by the au- th-reforrno^t"
tnority aforefaidy That the deputy-auditor for the time being, {hall, every fix months, tranfmit to the receiv- inserted,
er-general for the time being, the fame extracts of all fuch legacies, mefne conveyances, or other transfers Auditor to
of land from one perfon to another, as he (hall, from time to time, receive from the fecretary of this province, re^-fver-eeiie-*
or from theregilters of each county refpe£tively, under the penalty of two (hillings and fix pence procia- lai, extrafta of
matlon money, for each extrafl he fliall negleflt fo to tranfmit ; to be recovered as other penalties are di- conveyances,
teded to be recovered by the afore-recited aft ; the faid extratls to contain the names of ail the parties, the ^^' ^^"*''y«
number of acres of land, where fituated, and at what quit-rents the faid lands are held.
IV. And he it further enaBed, That after the regifler or fecretary (hall, as before mentioned, tranfmit Devisees char-
fuch lift, as aforefaid, the perfon to whom fuch mefne conveyance is made, or to whom any fuch lands (hall fuff '^ "■'"*
be devifed by will, fliall (all arrears of quit-rents being firft paid) only be chargeable with the quit-rents of
fuch land, and no other perfon whatfoever : any law, ufage, or cuftom, to the contrary, notwithilanding.
Ihe remaining three claufes, relating only to the manner of compelling payment ef quit'rentSf and fame drmmlianus
in regard thereto^ are omitted.
An oBfor the relief of poor dehtors, as to the imprifonment of their perfons, CHAP. 2.
Rep.by 1773, 4. which tho' itself repealed by proc'amarion, was revived by aAa, JCov. 2, 1777, 14. 1, I778 5
An act Jtr the tncouragemnt of James Davis, to fet up, and carry en, his bujtnefs of a printer, in this chap. 3.
province-, andJQr other purpo/es therein mentiontd. exp.
An aB direBing the method for cutting or docking intails of /mall eflates. CHAP. 4,
WHERE A.S divers perfons are feized of fmall and inconliderable pieces of land, in tail, often ignor-
antly, without delign, devifed in tail, by their anceftors ; and the method of defeating fuch e{lates
in fee-tail, general or fpecial, within this province, by a£t of General A(rembly, in fuch particular cafe to
be made and provided, is found too expenfive for poor people feized of fuch land to go through with ; and
therefore, the docking intails by fome eafier method will be a great relief to fuch poor people and their fa-
milies, whereby they vrould be enabled to purchafe other more improveable lands and flaves /
II. "Wherefore we humbly pray your moft facred majefty that it may be enadied. And he it enaBed by his Method of
Excellency the Governor, Council and General AJfemhly of this province. That it (hall and may be lawful for any t'ockmg intails,
perfon or perfons, feized, in fee-tail, general or fpecial, of, or in, any lands or tenements within this pro-
vince, not exceeding the value of fifty pounds fterling money, and not being parcel of, or contiguous to,
other intailed lands of the fame parties, to f^e out a writ, from the fecretary's oflfice, in the nature of an Ad
quod damnum, direfted to the Sheriff of the county where fuch intailed lands lie, commanding him to en-
quire, by good and lawful men of his county, of the value of fuch lands, and whether they be parcel of, or
contiguous to, other intailed lands of the fame party, as aforefaid \ and fuch Sheriff (hall return his inqui-
fition JO the faid office : and if the faid lands (hall be found not to exceed the value aforefaid, and to be a
feparate parcel, as aforefaid, then a deed of bargain and fale, reciting the title of fuch inquifition, (wherein
a valuable confideration fhall be exprefTed, and, bona fide, paid) acknowledged by a party, or proved by two
fa) See aS, OSi. 1748, Chap. 4, Page 82, and Note there.
Vol. I. Z
66 1749. witnefTes, before the Chief Juflice, or any of the aflbciate Judges, or in the court of the county vhere fuchi
lands may lie, within fix months after the date thereof, and regiftered, within twelve months, in the coun-
ty where fuch lands lie, Ihall be fufhcient in law to pafs the fee-fimple eftate of fuch lands to- the purchafer
or purchafers thereof ; and the right of the ifiue of the vendor, and all other perfons in remainder or re-
verfion. fhall be barred in the fame manner as the fame eftate might be barred by fine and recovery,- accord*
ing to the laws of England.
Signed by GABRIEL JOHNSTON, Efq. Govermr,
Nathaniel Bice, Prefident.
Samuel SwANN, Speaker^
2^1749. S7
At a General Assembly, held at Newbern, the Sixteenth Day of October, in ^'''
the Year of our Lord One Thousand Seven Hundred and Forty-nine. E°sq
N&TON,
Esq. Govemcnr.
Jlfl aSi to put irt force in this ptvuincey the feveral Jiatutrs of the kingdom ofEngfandt ** Scui&'Britain, therein chap 1 '
particularly mentioned* (a)
An aB fd revive d claufe in dri aB of the (aeneraj jlffemly of this province, intituled «« An a£J:, to fix a place for chap. 2
the feat of goVernrtient^ and for keeping public oiEces j for appointing circuit courts, and defraying
the expences thereof; and alfb for eftablifliing the courts of juft ice, and regulating the proceedings force"""*""
ihaein\ pajfed the ffth day of Decembery one thaufand /even hundred and forty-ftx^ EXP^* See page 74,
Jin additional aB to an aB intituled ** An aft to provide indifferent jurymen in all eaufes,both civil and crimi- chap. 3
nal, and for an allowance for their attendance. Not now in
force.
An aB for alteriitgy enplaining and continuing an aEt intituled « An a£t for the better regulating the militia in chap. 4.
liiis government." Not now in
force.
An aB to afpoini a public Treafurer^ in the room of Edward Mofeley^ Efq ; deceafed. EXP, chap. 5.
AnaB to confirm the fevet'al aBs of AJfembly of this province therein mentioned, as rewfed by the commifftoners op- chap; 6,
pointed by an aB of the General Affemhly of this province^ intituled <' An aft for appointing commiilioners to
revife and print the laws of this province, and for granting unto his Majfifty, for defraying the charge
thereof, a duty on wine, rum and diftilled liquors, and rice, imported into this province ,- andfuch other y^„te p. 7S'.
laws of this province as have been paffedftnee the/aid revifal ; and to direB the printing of the faid laws.
WH£R£A'S the whole body of the laws of this province, to the feventh day of March, in the year of
our lord one thoufand feven hundred and forty-fix, have, in purfuance of the '* Aft for appoint-
ing commiffioners to revife and print the laws of this province \ and for granting unto his Majefty, for
defraying the charges thereof, a duty on wine, rum, and di'ftilled liquors, and rice imported into this pro-
vince" paflfed the feventh day of March^ in the year of our lord one thoufand feven hundred and forty-fix ;
and the " Aft to alter and amend an aft, entitled •* An aft for appointing commiffioners to revife and print
the laws of this province % and for grantir^ to his majefty, for defraying the charges thereof, a duty on
wine, rum, and diftilled liijuors, and rice imported into this province," paffed the fifteenth day of Oftober,
in the year of our lord one thoufand feven hundred and forty-eight } been carefully compiled and revifed,
and the faid revifal laid before both houfes of this prefent Affembly, and approved of by the faid houfes :'
II. We pray that it may be enafted. And be it enaBed by his Excellency Gabriel Johnfton, Efq. Governor^
fy and with the advice and confent of his Majejlfs Council, and the General AJfembly of this province, and by the
authority of the fame. That the feveral afts palled at a General Biennial Aflembly, held at the houfe of cap-
tain Richard Saunderfon, at Little river, begun the feventh day of November, in the year of our lord one
thoufand feven hundred and fifteen, and continued, by feveral adjournments, until the nineteenth day of
January, in the faid year of our lord one thoufand (even hundred and fifteen, entitled as follows, to wit.
Coroners appointed. ^ , ^ ^, ^ . . . . , . . . . , Titles of aSs
An aft to direft the method to be obferved in the exammation and commitment of crimmals. passed 17I5.
An aft to direft the difpofal of goods taken upon execution \ and for the better regulation of diftrelTes here,
after to be made for levies and quit-rents^
(a) 1 think myself justified in not inserting this aa, as it is ttniyersftB/ acknowkclged to have been repealed or disallowed Sy
the king in council, though 1 havens authentic evidence of it.
8i8 2,1^9. An z^ concerning appeals and writs of error.
<J<^rNj An act concerning old titles of land ; and for limitation of a£):Ions, and for avoiding fults inlaw.
Feme coverts how to pafs lands.
An aft for preventing difputes concerning lands already furveyed.
An a£l: concerning efcheat lands, and efcheators.
An acl to regulate divers abufes in the taking up cf lands •, and to afcertain the method to Jje obferyed, fron\
henceforth, in taking up and furveying lands.
An TiQ: for entering of veflels, and to prevent the exportation of debtors.
An aft concerning roads and ferries.
An aft to encourage the building of mills.
An a£t to appoint public regifters, and to direfk the method to be obferved in conveying lands, goods, and
chattels ; and for preventing fraudulent deeds and mortgages.
An a£l for afcertaining the gauge of barrels, and to prevent frauds inpork, beef, pitch, and tar.
An a£t appointing Toll-Books to be kept at or near Catherine's creek, in Chowan precind, the head of Pe-
quimons precin£t, and at the mouth of Northweft river, in Currituck precmft ; and to prevent perfon^
from tranfporting or driving horfes, cattle, or hogs, toother perfons' lands.
What fences are fufficient,
Private burials prohibited.
An aft concerning proving wills, and granting letters of adminiftration ; and to prevent frauds in the
management of inteftates' eftates.
An aft concerning orphans.
An aft for appointing a town in the county of Bath ; and for fecuring ^e public library belonging to St.
Thomas's parifh, in Pamplico.
An aft for reftraining the Indians from molefting or injuring the hihabitants of this government ^ and fpr
fecuring to the Indians fhe right and property to their own lands,
Public treafurers to give account.
An aft empowering Johanna Peterfon, widow of Thomas Peterfon, late of Albemarle county, Efq, to make
fale of certain lands, late belonging to the faid 1 homas Peterfon ; and to make other provifion for Anna,
the daughter of the faid Thomas Peterfon, to whom the faid lands do defcend.
An aft confirming the titles of fundry perfons who have, or hereafter may purchafe lands of colonel Tho-
mas Gary, In Bath county.
A<!ls passed i^nd th^ law pafl^d in the year pf our lord one thpufand feven hundred and twenty, entitled as follows,
^'^^^- to wit, .
An aft to confirm a decree made in the court of chancery of this prpvince, upon 9 tjiH of complaint exhl-
bited by William Ducken field, Efq,
^'^^- And the laws pafled at a General Biennial Affembly, held at Edenton, in Chowan precinft, begun the fe*
cond day of Oftober, and continued, by feveral adjournments, to the nineteenth day of Oftokcr, in the year
of our lord one thoufand feven hundred and twenty-two, ent tied as follows, to wit.
An aft for a road from Core^point to Newborn, on f-Jeufe-river,
An additional aft to an aft entitled ** An aSi appointing Toll- Books."
An aft appointing that part of Albemarle county, lying on the weft fide of 'Chowan river, to be a precinft,
by the name of Bei'tle precinft.
An aft appointing that part of the fouthweft parifh of Chow^an, that lies on the fouth fhore, and Alligator,
to be a diftinft°pari{h, by the name of~the fouth parifh of Chowan } and for appointing Veftrymen for
the fame parifti.
An aft for fettling the precinft courts, and court-houfes.
And the laws pafled at a General Bieimial Aflembly, held at Edenton, the twenty-third day of Novem^
ber, in the year of our lord one thoufand feven hundred and twenty/-three, entitled as follows ;
An aft for fettling the titles and bounds of lands.
An aft for an additional tax on all free negroes, mulattocs, muftees, and fuch perfon, male and female, as
how, or hereafter {hall be Intermarried with any fuch perfons refident in this government.
An additional aft to an aft, entitled, An aft concerning proving wills, and granting letters of adminiftration
and to prevent frauds in the management of inteftates' eftates,
An aft to reftrain the keeping too great a number of horfes and mares, and for amending the breed;
An afk fot the better fettling of the town of Newbern, In the precind of Craven.' 2, 174.9. 89
An a£t for incorporating the fea port of Beaufort, in Carteret precinft, into a townfliip by the name of i
Beaufort.
And the law pafled at a General Biennial Aflembly, held at Edenton, the fixth day of November, in the 1727,
year of our lord one thoufand feven hundred and twenty-feven, entitled as follows, to wit.
An aft fo appoint the northweft parifh of Bertie precin£l, a diftinft parifli, by the name of the northweft
parifh of Bertie precinft, and for appointing veftrymen for the faid parifh ; and to appoint commiflion-
ers in every parifti in this government, to call the churchwardens and veftry to account, for the pariHi
money by them received.
And the laws pafled at a General Biennial Aflembly, held at Edenton, the twenty-feventh day of No-
vember, in the year of our lord one thoufand feven hundred and twenty-nine, entitled as follows ; ^'^'^^'
An aft for the more quiet fettling the bounds of the Meherrin Indian lands.
An a(fi to make Hyde precinft feparate from Beaufort precindi, with power of erefting a court-houfe, and
holding courts.
An aft t® appoint that part of Albemarle county lying on the fouth fide of Albemarle found, and Morrat-
tock river, as high as the • ainbow banks, to be a preeinft, by the name of Tyrell precinft.
An additional aft to an aft: for appointing toll-books ; and for preventing people from driving horfes, cat-
tle, or hogs, to other people's lands.
An aft for the more effeftual and fpeedy putting in execution the aft for fettling the titles and bounds of
people's lands.
An aft to confirm Bath-town common.
An aft for regulating vefliries in this goverrmient, and for the better infpefting the veftrymen and church-
wardens' accounts, of each and every parifh in this government.
And the laws pafled in the year of our Lord one thoufand feven hundred and thirty-four as follows, to 1''34,
wit.
An additional aft to an aft concerning roads and ferries.
An aft to confirm and eftablifh the precinfts of Onflow and Bladen, and for appointing them diftinft pa-
rifhes.
And the laws pafl"ed at a General Aflembly, held at Newbern, the fixth day of March, in the year of ~^^'
our Lord one thoufand feven hundred and thirty-eight, entitled as follows, to wit,
An aft for appointing Sheriffs in the room of marftials of this province, for prefcribing the method of ap-
pointing them, and for limiting the time of their continuance in office, and direfting their duty therein j
and for abolifhing the pflBce of Provoft-Marfliall of this province, and for altering the names of the pr«»
cinfts into counties.
An aft to prevent killing deer at unfeafonable times.
An aft for appointing a town on the plantation whereon William Webfter now dwelleth, in Hyde precinft
on the weft fide of Matchapungo river.
And the law paflTed the eighth day of March, in the year laft abovefaid, entitled.
An aft to fupply the defefts of an aft pafled laft feflion of Aflembly, entitled " An aft for appointing She-
riffs in the room of Marfligls of this province, for prefcribing the method of appointing them, and for
limiting the time of their continuance in office, and direfting their duty therein ; and for aboliftiing the
office of Provoft-Marflial of this province, and for altering the names of the precinfts into counties."
And the laws paflTed at a General Aflembly, held at Newbern, the twenty-fifth day of February, in the ^'^^•
year of our Lord one thoufand feven hundred and thirty-nine, entitled as follows, to wit.
An aft for prefcribing the method of proving book-debts.
An aft for erefting the village called Newton, in New-Hanover county, into a town and townftiip, by the
name of Wilmington.
And the laws pafl"ed at a General Aflemby, held at Edenton, the twenty-firft day of Auguft, in the year IT40,
of our Lord one thoufand feven hundred and forty, entitled as follows, to wit.
An aft for confirming the titles to the town lands of Edenton, for fecuring the privileges heretofore gran-
ted to the faid town, and for the further encouragement and better regulation thereof.
An aft to enable the commiflioners herein after appointed, to ereft and finifh a church at Newbern, in
Craven county and parifli, in the province aforefaid, and for the better regulating the faid town ; and
other purpofes therein mentioned.
Vol. L a a
90 2, 1749. An aft to enable tlie commiffioners herein after Aientidned, to fin'ifh the church already begun at E(??nton.
\ai«*V**» An aft for the. further and better regulation of the town called WilmingtoB, in New-Hanover county, and
to eftaWilb the church of the parilli of St. James, to be built in the laid town.
An aft for the more effeftual eftablifhing a ferry from Bafh-town to Core-point, &c.
An aft to exempt the inhabitants of Bath-town from workipg on the public roads, and to oblige the faid
inhabitants to clear and keep the ftre^ts of the faid town clear and in good order.
An aSl to enable the Juflices of Tyrell county, to build a wa.ehoufe on Scuppernong, for receiving of his
Majefty's quit- rents.
An aft for granting an aid to his Majefty, to defray the expences of tranfporting the feyeral troops inlifted
in hij Majefty's fervice in this colony, and to afcartain the method of paying all tiiitee aftd levies in com-
modities ; and for other purpofes therein mentioned.
1741. And the laws pafied at a General Aflembly, held at Edenton, the fourth day of April, in the year of
our Lord one thoufand feven hundred and forty-one, entitled as follows, to wit:
An adt concerning marriages.
An aft to make and confirm-that part of the maift rOad, leading from Bennet's creek bridge to Virginia,
joining to Mr. Henry Baker's, in Chowan county, altered for the cbhvenifency of the public by the ad-
jacent inhabitants, to be the main and public road.
An aft to appoint conftables.
An aft to confirm and ereft that part of the province of North'Carolina, called Edgcomb county, into a
county, by the name of Edgcomb county, and eftablifhing the faid county a parifh j and for afcertaining
the boundary line between the Northweft and Society pariflies, in Bertie county.
An aft to prevent dealing of cattle and hogs, and altering and defacing marks and brands, and mifmarking
and mifbranding horfes, cattle and hogs, unmarked and unbranded.
An aft for afcertaining the boundary line between Tyrell county and Beaufort county ; and between Edg-
comb county, and Tyr 11 and Beaufort counties.
An aft for reftraining the taking of excelTive ufury.
An aft for appointing and laying out a town on or near Mittam's point, on the fouth fide of New-river, iii
Onflow county, by the name of Johnfton.
An aft to prevent the taking of boats, canoes, or pettiaguas, from landings, or elfewhere without leave.
An aft for the better obfervation and keeping the Lord's day, commonly called Sunday .• and for themore
effeftual fupprefTion of vice and immorality.
An aft for the trial of fmall and mean caufes.
An aft for afcertaining the damage upon protefted bills of exchange.
An aft for regulating weights and meafures.
An aft for the building and maintaining of court -houfes, prifons and ftocks in ereiry county within this
province, and appointing rules to each county prifon for debtors.
An aft the better to enable the commiffioners appointed for building a church at Newbern, to ereft the fame,
and to empower them to demand and receive of any perfon or perfons, all parifk levies already laid, and
not appropriated ; and for other purpofes therein mentioned.
An aft for regulating ordinaries, and for the reftraintof tippling houfes.
An aft for the relief of fuch perfons as have fufFered, or may fufFer, by negleft of the reglfters of the fe-
veral counties within this province, in regillering their deeds or mefne conveyances ; as alfo for want of
acknowledging and proving, or through ignorance and negleft, not applying to have the fame regiftered.
An aft for eftablifhing the church, for appointing parifhes, and the method of elefting veftries i and for
direfting the fettlement of parifh accounts tliroughout this government.
An aft concerning fervants and flaves.
And the law pafied at Wilmington, in the faid year of our Lord one thoufand feven hundred and forty-
one, entitled as fdlowj, to wit.
An aft for erefting the upper part of Bertie cOunty into a county, by the name of Northampton county,
and for regulating the limits between Society parifh and the Northweft parifh of Bertie j and for remo-
ving the feat of Bertie court.
J 7^3 And the laws pafTed at a General AfTembly held at Edentonj the fecond day of April, in the year of Our
Lord one thoufand feven hundred and forty-three, entitled a6 follows, to wit.
An aft to regulate eleftions for members to ferve in General Aflembly for the feveral counties, to declare
. Xvho (hall be qua'ified to vote in the faid elefiioBS, or to be e'e6led a member of the General Aflembly, 2, 1749. 91
I ' for any of the faid couniies ; and to direct the method to be obferved in taking the poll at the feveral
ele£lions in the counties and towns in this province.
i Ji'ii a£l for obtaining an exaft lift of taxables, and for the e0e£lual colle(Sting as well all arrears of taxts, as
all other taxes, for the future, due and payable.
An iSt to empower the Juftices of Beaufort county to build two fubftanttal warehoufes, at the places here-
after mentioned, in the faid county, ior the ufe and conveniency of the inhabitants paying their taxes
and levies.
Aij'aft to afcertain what attofnies fees (hall be taxed and allowed, in any fuit or a€lion brought in any of
the courts of record in this province.
^n aft for making and clearing a highway from Edenton, into the road leading over Mr. Hoikln's miH-dao7>,
towards Pequiinons courc-hoaf6, ihd for eredting bridges in fuch road, and alfo another gate at Eden-
ton.
'Ah aft for erefting a court-houfe, prifon, and ftocks, in Bertie county, and for laying a tax en the inha-
bitants of the faid county, for defraying the charge thereof,
And the laws pafled at a General Aflembly, held at Newbetn, the twentieth day of April, in the year: 1745-.
cT our Lord one thoufand feven hundred and forty-five, entitled as follows; to wit.
An additional aft to an aft, entitled •• An aft for appointing Sheriffs in the room of Marfhals of this pro-
vince, for prefcribing the method of appointing them, and limiting the time of their continuailce in of-
fice, and direfting their duty therein ^ end for altering the names of precinfts into counties."
An additional aft to an aft, entitled « An aft to prevent kilHng deer at unfeafonable times, and for putting
a flop to many abufes committed by white perfons, under pretence of hunting.
An aft for empowering the feveral commiffioners herein after named, to make, mend, and repair all roads,
bridges, cuts, and water-courfes, already laid out, or hereafter to be laid out, in the feveial couniies and
dillrifts herein after appointed, in fuch manner as they (hall judge mod ufeful to the public.
An aft for erefting a fortification on the lower part of Cape- Fear river, for applying thereto the powder-
money already arifen, or which fhall ariie, by (hipping coming into the port of Brunfwick.
An aft to appoint commilTioners in the place and itead of thofe deceafed, to complete and finifh the church
at Newbern, and for adding the prelent churchwardens and veftrymen to the faid commilTioners ; and
for empowering the faid commi(rioners, churchwardens, and veftrymeu, to call the former commiflion-
' ers to account, for all the monies by them received for the ufe of the faid church, and to appropriate it
to the purpofes aforefaid ; and in cafe of infufficiency, to lay a levy to accompli(h the fame»
An aft to add that part of the province called Mattamufkeet, and lake, to Hyde county.
An aft to empower the commiflioners for the town of Edenton, to keep in repair the town fence, and to
ereft and build a pound, bridges, and public wharf, and market-houfe ^ as alfo to ereft and buildafchool-
houfe in the faid town, and other purpofes therein mentioned.
An aft for the better regulating the town of Wilmington, and for confirming and eftablilhing the late fur-
] vey of the fame, with the plan annexed.
I An aft for fencing the town of Bath, and re-fiirveying the common belonging to the faid town, and ex-
1 empting the inhabitants from working on the main road ; and to give liberty to the inhabitants to build
! and improve the front or water lots, and to appoint commiffioners for the purpofes aforefaid.
An aft to encourage perfons to fettle in the town of Brunfwick, on the fouth-weft fide of Cape- Fear river.
And the laws pafTed at a General Assembly held at Newbern, the twenty eighth day of June, in the
; year of our Lord one thoiifand feven hundred and forty-fix, entitled as follows, to wit.
An aft for the better regulation of the militia of this government. 174&
I An aft for erefting the upper part of Craven county into a county and pari(h; and for appointing a placet .
j for building a court -houfe, prifon and (locks, in the faid county.
I An aft for dividing Edgcomb county and parifh, and for erecting the upper part thereof into a county
and parifh by the name of Granville county, and St. John's parifh; and for appointing veflrymen of the
faidparih.
And the laws pafTad at a General AfTembly, held at Wilmington, the fifth day of December, in the year
of our Lord one thoufand feven hundred and forty-fix, entitled as follows, to wit,
An aft for die better afcertaining the number of members to be chofen for the feveral counties within this
province,* to fit in General Aflembly, and for eftablilhing a more equal reprefentative of ?11 his Majefly's
' fubjefts in the houfe of burgeflesi ~ ^ -
92 p, 1749. An aft to fix a place for the feat of government, and for keeping public offices i for apppinting circuit
*-*^v*«.i* courts, and defraying the expence thereof ; and alfo for eftabUChing the courts pfjuftice, and regula-
ting the proceedings therein.
And the laws pafled at a General Aflembly, h;l d at Newbern, the feventeenth day of March, jn the year
of our Lord one thoufand feven hundred and forty-fix, entitled as follows, to wit,
An aft for appointing commiflioners to revife and print the laws of this province, and for granting to his.
Majefl:y, for defraying the charge thereof, a duty on wine, rum, and diftilled litjuors, and rice imported'
into this province.
ir48. And the laws pafled at a General Aflembly, held at Newbern, the fixth day of April, in the year of our
Lord on« thoufand feven hundred and forty-eight, entitled as follows, to wit,
An aft to appoint public treafurers.
An act for regulating the fever?l officers fees within this province, and afcertaining the method of paying
the fame.
An act for laying a tax on the inhabitants of Granville county, and for apppinting commiflioners to com-
pleat and finifli the public buildings already begun in the faid county.
An act to prevent the exportation of raw hides, pieces of hides, and calf-flcins, out of this government.
An act to appoint commiflioners to continue running the boundary line between Edgecomb county, Ty-.
rell, and part of Beaufort counties.
An act for deftroying of vermin in this province.
An act to enlarge the time for the commiflioners of the roads, appointed by the act of Aflembly pafled A-f
pril the twentieth, one thoufand feven hundred and forty-five, entitled, ** An act for empowering the. '
feveral commiflioners herein afternamed, to malje, mend, and repair all roads and bridges, cuts and '
water-courfes, already laid out, or hereafter to be laid put, in the feveral counties and diflricts herein ^
after appointed, in fuch manner as they Iball judge nioft ufeful to tl>e pubUc, to recover the feveral fumj
due from defaulters."
An aft to provide indiiferent jurymen in all gaufes, both civil and criniinal, and fpr an allowance for their
attendance.
An aft to alter the times for holding courts for the county of New-Hanover.
An aft for granting unto his M?»jefl:y the fumof twentyrone thoufand three hundred and fifty pounds
proclamation money, and for ftamping and emitting .the faid fumof twenty- one thoufand three hundred
and fifty pounds, public bills of credit of this province at the rate of proclamation money, to be applied
towards building fortifications in this province, payment of the public debts, exchanging the prefeht
bills of credit, and for making proper provifion for defraying the contingent charges of tbegoverni
ment ; and for repealing the feveral laws herein after mentioned.
1748, And the laws pafl'M at a General Aflembly, held at Newbern, the fifteenth day pf Qftober, ip thg year'
of our Lord one thoufand feven hundred and forty-eight, entitled as follows, to v4t.
And appoint a convenient place for holding the county courj: of Granville, and to empower the commif-
fioners hereafter named to build a court-houfe, prifon and llocks, in the faid county.
An aft for defiayingthe expence of the members of his majefty's honorably council, and the members of
the General Aflembly of this province, in their travelling to, from, and atvending at t|ie faid Aflemblies
and to compel their attendance.
An aft for afcertaining the bounds of a certain traft of land, formerly laid put by treaty, to the ufe of the
Tuflcarora Indians, fo long as theyyor any of them, ftiall occupy and live upon the fame ; and to pre-
vent any perfon or perfons taking up lands or fettling within tne faid bounds, by pretence of any pur-
chafe or purchafes made, or that fhall be made, from the faid Indians.
And aft for forming a rent-roll of all the lands holden in this province, for quieting die inhabitants in
their pofTeflions, and for direfting the payment of quit-rents.
An act to appoint an agent to folicit the affairs of tliis province, ,at the feveral boards in England.
An act for the better regulating the town of Neyirbern, for fencing the fame, and fecuring the titles of
the feveral perfons who hold lots in the faid town.*
An act to alter and amend an act entitled « An act for appointing commiflioners to revife and print the
laws of this province, and for granting to his majefly, for defraying the charge tliereof, a duty on wine,
rum and diftilled liquors, and rice imported into this province."
And the laws pafled at a general aflembly, held at Newbern, the fourteenth day of April, in the year of
our Lord one thoufand feven hundred and forty- nine, entitled as follows, to wit,
An additional act to an act, entitled, "" An aft for forming a rent-roll of all the lands holden in this province, 2, 1 74-9. 93
for quieting the inhabitants ia their pofleflions, and for directing the payment of quit-rents." <«*<•>">■>
An act for the relief of poor debtors, as to the imprifonment .of their perfons.
An act for the encouragement of James Davis, to fet up and and carry on his bufinefs of a printer in this
province ; and for other purpofes therein mentioned.
An act directing the method for cutting or docking intails of fmall eftates.
And the lavjrs pafled this prefent feffion of Aflembly, at Nevj'bern, the fixteenth day of Octdber, in the
year of our lord one thou fand feven hundred and forty-nine, entitled as follows, to wit.
An act to put in force in this province, the feveral ftatutes of the kingdom of England, or Soutli-Britain,
therein particularly mentioned.
An a£l to revive a claule in an aft; of the .General Aflembly, entitled, « An aft to fix a place for the feat
of government, and for keeping public offices ; for appointing circuit courts, and defraying tlfe ex-
pence thereof ; and alfo for eftablifhing the courts of juftice, and regulating the proceedings therein."
An additional aft to an aft, entitled, " An aft to provide indifferent jurymen in all caufes, civil and cri-
. minal, and for an allowance for their attendance."
An act for altering, explaining; and .continuing an aft, entitled, " An aft for the better regulating the
militia of this government."
An aft to appoint a public treafurer, in the room of the honourable Edward Mofeley, Efq. deceafed.
And every claufe and feftion of them, and each of them, (except fuch clanfe and claufes, feftion and The before re-
feftions, which are become obfolete, have expired, or ftand and are repealed by any fubfequent aft of '^f'^^ ?^^ ^^" .
the General Aflembly of jthis province herein before mentioned,) are hereby confirmed, and fhall be ^Qfce &c.
- held, deemed, and taken to be and remain in full force within this province ; and fhall be printed, and
' given in evidence, agreeable to the aforementioned aft, entitled, " An aft for appointing commiflioners
to revife and print the laws of this province, and for granting to his majefty, for defraying the Charge
thereof, a duty on wine, rum^ and diflilled liquors, and rice imported into fhis province ;" and the aft,
entitled, " An aft to alter and amend an aft, entitled," An aft for appointing commifTioners to revife
and print the laws of this province, and for granting to his Majefly, for defraying the charge thereof, a
duty on wine, rum, and ^iftilled liquors, arid rice imported into this province."
III. ^fid be it further enaBedly the authority aforefaidy That all fines and forfeitures mentioned in any Fines, &c to
of the before rocited laws, where the particular fpecies of money is not fpecially namedj the fame fhall be •"= deemed of
underftood, deemed and adjudged to be proclamation money, and none other. mor'r""'""
ly. And be it further enabled by the authority aforefaidy That all and every aft and aft«, clanfe and claufes, i^^^^l^ ^led
feftion and feftions, of all and every aft and afts of the General Aflembly of this province, in the fa id fe^and'^tles'
revifed laws or afts of the General AfTembly, mentioned to be obfolete, expired and repealed ; are here- w be printed,
by enafted and .declared to be obfolete, expired and -repealed •, and the titles, with fuch note only, be
printed.
V. Provided alivays^, neverthelepy and it Is hereby enaSedt That aill and every judgment, order, decree or AlItbing:sdoiie
fentence of any court heretofore given or pafled, and all and every matter or thing heretofore done and ""der the laxvs
performed, by any oflicer or officers, judicial or miniflerial, or by any other perfon or perfons whatfoev- vlud. ^'^'
er, in virtue and by force of any aft or afts, claufe or claufes, of any aft or afts of the General Aflem-
bly of this province, in the faid revifed laws, mentioned to 'be obfolete, expired or repealed, fhall be
deerned, held and be taken for good and valid in law, to all intents and purpofes, as if the faid afts were
continued and in full force } any thing herein before contained io the contrary, in any wife, notwithflandii
H'
Signed by GABRIEL JOHNSTON, Efq. cevmtcr.
Nathaniel Rice, Preftdentf
Samuel Swanh, Speaker.
VoLiL Bb
9* 3,1749.
M!
i^W
nn mvtm
Gabriel At a General Assembly, held at Newbern, the Seventeenth Day of March,
tsq^Govemor. in tlic YcaF of ouF Loxd Qnc Thousan4 Seven Hundred a,nd Vprty-nine.
CHAP. 1. ■^" o^/of (reBln^ the upper part of NfU'-Hanover county into a county, c^idparip^ by the name of Duplin countyf
1756, 9. and St. Gabriel Parijb ; anifar appointing a ^lacejir building a court-houjtf prifan and Jleckf^ in the faid
county.
WHEREAS the county of New-Hanover is now become fo very extenfive, that many of the jnhabf-
tants thereof live very remote from the place where the court of the faid county is held, whereby
a great many difficulties and Itardftiips arife to the upper inhabitants thereof, not only in attending their
ordinary bufinefs in the faid court, but alfq by being <;ompelled to ferve as jurymen, and oftentimes a?
evidences, at the faid court .• For remedy whereof,
Daplin ereaed. H* We pray it may be enafted. And be it enacted by his Mttfellency Gabriel Jshnffon, pfq. Governor,
by and with the advice and confent of his MajeRfs Council and General AJfemhly oj this provinfc, and by the
authority of the famcy That New-Hanover county be divided by a line, beginning at the mouth of Rock-
fifh creek, on the northeafl river of Cape-Fear, running eaft to Onflow county, and weftw^rd, by a ftrait
line from the mouth of the faid creek to the upper forks of Black river, where the Cohecry and the Six
Runs meet, thence up Cohecry to the head thereof •, and that the upper part of the faid county be erefted
into a county, by the name of Duplin county, and St. Gabriel p^rifli : And that the faid county and
parilh Ihall enjoy all the privileges and advantages that any other county and parifli in this province now
holds or enjoys.
The remaining eight clat^es oJ a private or a temporary nfture^ and therefore not nece^qtry to be inferted*
CHAP. 2. An aEl forereEling the upper part of Bladen county into a county andfari/hy by the name of Anfon county, and Sf,
1756,9. George's par i/bi andj or appointing a place. for building a caurti-houfe, prifon and /locks, in the /aid county,
WHEREAS the county of Bladen is now become fp very extenfive, that many of the inhabitants,
thereof live very remote from tlie place where the court ot the faid county is held ; whereby a
great many difficulties and hardfhips arife to the upper inhabitants thereof, not only in attending their
ordinary bufmefs in the faid court, but alfo by being compelled to ferve as jurymen, and oftentimes as
evidences, at the faid court : For remedy whereof,
Anson erefled. H. We pray that it may be en^fted. And be it enabled by his Excellency Gabriel Johnfion^ Efq. Governory by
and with the advice and con/ent of his Majefly's Council and Generql Affimhly of this province, and by the authority
of the fame. That Bladen county be divided by a line, beginning at the place where the fouth lin^e of this
province croffeth the wefternmoft branch of X.ittle Pee-Dee river, then hy a ftrait line to a place where
thecom'»iiffionersforrunaiiiig the fouthern boundary of this province eroded that branch of Little Pee-
Dee river, called Drowning cr^ek, thence up that branch to the head thereof ; then by a line, to run, a$
near as may be, equidiftant, from Saxpahaw river , and Great Pee-Dee river j and that the upper part
of the faid county and parifti to laid ofF and divided, be erefted into a county and parilh, by the name
of Anfoa county, and St. George's parjfli, and that all the inhabitants to the weft ward of the afore men-
tioned dividing line, fhall belong and appertain to Anfon county : And that the faid county and parifti
fhall enjoy all and every the privileges, which any other county or parifti in this province holds or en-
joys.
The remaining eight eta^e* ef a private or * temporary nature, and therefore not neceffary to be inferted.
CHAP. 3. An additional a^ to an a^, for obtaining an exaft lift of taxables, and for the effeaual collefting %6 wdl al|
Kej). 1760, 2. arrears of taxes, aj all other taxes, for the future due and payable.
jIn a5f to enable the Jujlices ofthefeveral counties to provide certain law booh, for the uft of their county courts. 3, 1 74^, 95
1. JQ E it ena^ed by his Exjelhrtey Gabriel JohnjioHy Efq ; Governor, by and -with ihe advice and corifent of ^^.^-y^-J
13 ^ M^j^'* Ckuneiljand Gentr^U Afftmi^ly of this province , That the J«itice§ of each county cpuit chap. 4.
within this province, Ihall and may have full power and authority, in fome convenient time, according Justices to ,.ur-
te their difcc^tLon, to purchafe and provide the lateft editions of the law books following, to vjrit ; Nei- <^'^*^ books.
fon's Juftice, Gary's abridgment of the ftatuteSi Swinburn Qn Wills, or Godblphin'S orphan's legacfj and
Jacob's law didionary, or Wood's inftitates : Which book? when provided, fhali be, for evef after, for
the ufe of the county court, and fhall be kept in the offices of the feveral clerks, and conftantly, during
the fitting of every county coiirt, laid, by the clerk of each court, on the court table, for the ufe and pe»
rufal of the Juftices of fuch court and of all fuch as m^y have any matters depending in court.
II. And if iifurtkft enacted h th( authority tforefaidt That if any county court clerk fhall abufe or de- Penalty for de-
ftroy, or fuffer to be abufed or deftroyed, any af the books fo committed to his care, be (hall be fined, at stroyiog them,
the cifcretiofli of the court| for fqgh his negle£l .• Which fine fhall be applied towards repairing the lofs ^'
or damage of fuch books occafioned by fuch negleft,
III. And be it further ettaBed by the authority aforefaidi That the Juftices in dl^ feveral county Courts, Tax laid.
fliall have full power to lay fuch an additional tax on their f «fpe£live counties, asfhall be fufficient to pur-
chafe and provide the books aforefaid ; and fhall apply the fame accordingly.
An additional aB id an aSf, intitukJ, An a£l, to fix a place for the feat of government, and for keeping chap. S,
public offices j for appointing circuit courts, and defraying the expence thereof j and alfo, for eftab- Not now in
lifbing the courts of juftice, and regulating the proceedings therein. ^^^^'
THE TITLES OF THE PRIVATE ACTS.
J An aA to encourage Michael Hignns to build a bridge over tion of Mr. Samuel Jordan, on the north side of Roan*
Trent River, near WickliflF's Ferry, in Craven county. oake fiver, in Northampton county ; and for establish*
5 Att »ft for appointing and liying oi>t a town oa the planta* ing two fairs to be held annuall)^ therein.
Signed by GABRIEL JOHNSTON, Efq. Qtvernot.
Nathaniel Rice, Frefrdent,
Samuel Swann^ Speaker,
96 1750.
Qx«iKT. At a General Assembly, held at Newbern, the Fifth Day of July, in the
KTo^rrW. Year of our Lord Qne Thousand Seven Hundred and Fifty.
CHAP. 1. Anaa to appoint a public Treafarer, in the room of Eltazer Allen, Efq; deceafed. exp.
(as to the man- quit rents. ^
ner of paying
qmt rents.) See page 82,
CHAP. 3. AnoBjor incrtaftvg the anmaUlhmnce given tothe attorney-gener^U fpr his trouble and expences inridingtht
circuits, exp. .'
j^igned by GABRIEL JOHNSTON, Efq. G«wr«ffn ■
Nathaniel Rice, Prefideat, \
SaMUEJL. Swann^ Speaker.
1751. 97
At a General Assembly begun and held at Newbern, the Twelfth Day of Gabriel
June, in the Nineteenth Year of His Majesty's Reign, and from thence E^sq-^Gow/nor,
continued, by several Prorogations, to the Twenty-seventh Day of Sep-
tember, in the Year ojf Our jlpr^i .9^^ fhQusa^d Seyen Hundred and Fif-
ty^one.
^lUi aSi to appoint infpeSiors in New-Hatfover csuntyt and for regulating the exports at Cape-Fear. EXF. CHAP. 1.
.<■
An aB for regulating the pilotage at Cape-tear river y and to impower the captain of Fort John/Ion^ at the mouth CHAP. 2.
of the /aid river y to examine all vejfels entering the /aid fiver ^ concerning the health of their crews on board Rep. 2, 1764, 6.
the f aid vejfels.
An additional aB to an aSi, intituled. Feme-coverts how to pafs lands. chap. 3.
WHEREAS the method prefcribed for feme-coverts to convey their eftates in lands in this province, Ante, p. 12.
by an a£l of Aflembly, made at a general Biennial AfTembly, held on the feventeenth day of No- YoI.2 127 129.
>vember, in the year of our lord one thoufand feven hundred and fifteen, intituled, Feme-Coverts how to
pafs lands, in many cafes, hath been found, by experience, to be imprafticable ,i by teafon that the right
of inheritance of many lands in this province is in femcrcoverts who are refidents of neighbouring go-
vernments ; and in fuch cafes, .conveyances have been made by the hufband, with the wife's confent,
and fometimes by both, and at .other times by the wife only, and afterwards ratified and confirmed by the
hufband ; by means whereof the titles of many perfons are become precarious, and doubtful, and much
land lies uncultivated ; to the great diminution of the revenue of the crown :
II. Be it enaSled by his Ixcellency Gabriel J ohnflon, Esq. Governor, by and with the advice and confent of his Feme covert,
Majefy's Council, and the General Affembly cf this province, and it is hereby enaBed by the authority ef the fame, J^""^ *° P*^
That from and after the paffing ,of this aft, all conveyances in writing, and fealed by hufband and wife, *"
for any lands, and by them perfonally acknowledged before the chief juftice, or in the <;ourt of the
county where the land lieth, the wife being firft privily examined before the chief juftice, pr fome member
of the county court, ajppointed by the faid court, for tliat purpofe, whether fhe doth voluntarily afTent
thereto, and regiftered according to -tlie .dire£rion§ of the laws of this province, fhall be as valid in law
to convey all the eflaie and title which fuch wife may or fhall have in any lands, tenements or heredita-
ments, fo conveyed, whether in fee-fimple, right pf dower, or other eftate, not being fee-tail, as if done by
fine and recovery, or any Pther ways or .means whatfoeyer,
III. Provided neverthelefs. That where any fuch conveyances as aforefaid fhall he acknowledged by the Proceedings
hufband, or proved by the oath (rf one or more witnelTes, before the chief juftice or county court where y''^^!® ^^^ '^p*°
the land lieth, and it ftiallbe reprefented to the chief juftice or county court aforefaid, that the wife is a another c'oun-
refident of any other county, or fo aged or infirm that ,fhe cannot travel to the chief jufttce or county court try, &c.
to make fuch acknowledgment as aforefaid ; it fhall and may be lawful for the chief juftice or county
court, by his or their order, to direft the clerk of the county court where fuch land lieth, to ifTue a com-
miffion to two or more commiffioners, for receiving the acknowledgment of any deed of fuch feme covert,
for pafling her eftate in any lands, tenements or hereditaments ; and fuch deed, ackrowledged before them
after they have examined her privily and apart from her hufband touching her confent, and certified by
the county court to which the commiffion fliall be returnaMe, fhall, by order of the county court, be re-
giftered, with the commiffion and return, and fhall be as efleftual as if perfonally acknowledged before
the chief juftice or county coujt by fuch feme-covert.
VOL.I. Co
id for preventing; nilftalces in iffuing out fuch commiffions, Be it rmiEftd hy the atrthority aforefaid^M
fcveral cleiks of this proviiiee, fiiall iffue the fame, in the form following, to wit,
Former pur-
cha<ers secu-
S8 1751. IV. Ant
K.^-^-^ That the
North-Carolina.^ C. County ^ ^.
F,rm of acorn- GEORGE the fecoiid, b/ the grace of God, of Great-Britain, France and Ireland, king, Defender of the
"^'ssioa. Faith, &c.
To J. B. C. D. and E. gentlemen, greeting.
'HEREAS jF. G. hath produced a deed of conveyance, made to him from H. J. and K. his wife,
of a certain tra6l or parcel of land, lying and beingHntlie county of • — in our province
of North-Curollna, and procured the fame to be proved or acknowledged by the faid H. I. before /. K. our
chief juftice of our faid province, (or in the court of our faid county of C. as the cafe may be,) and it being
reprefented to our faid chief juftice, or to our faid court, that K. wife ol the faid H. I. is an inhabitant of
our faid province, or of or is fo aged and infirm, (here as the cafe may be) fo that flie can-
not travel to our faid juftice, or court of our faid county of to be privily examined as to her
free confent in executing the faid conveyance, Know ye, that we, in confidence of your prudence and fi-
delity, have appointed you, and by thefe prefents do give unto you, or unto any two of you, full power
and authority, to take the pxivate examination of the faid K. wife of the faid H. I. concerning her free
confent in her executing the faid conveyance : and therefore we command you, or any two of you, that at
fuch certain day and place as you fliall think fit, you go to the faid K. if ftie cannot conveniently come to
you, and privily, and apart from her hulband, examine her the faid K, whether flie executed the faid con-
veyance freely and of her own accord, without fear or compulfion of the faid H. I. her hufband ; and the
examination being diftindly and plainly wrote on the faid deed, or on fome paper annexed thereto, and
when you have fo taxen the faid examination, you are to fend the fame, clofed up, under the feals of you,
or any two of you, together with this writ, unto our faid court, to be held for the faid county of C. on the
■ day of next enfuing, in the year of our reign. Witnefs L. M, clerk of our faid
court, at the day of Anno Dom. 17 — JL. M. CI C.
V. And for the greater fecurity of purchafers. Be it enabled by the authority afore/aid, That all deeds and
conveyances of lands heretofore made by the hufband and wife, or by the wife, and afterwards ratified
and confirmed by the hufband, wherein a valuable confideration is exprfefled, for any eftate or title of any
feme-covert, in any lands, tenements or hereditaments, whether in fee-fimple, right of dower or other ef-
tate, not being fee-tail, where fuch deeds or conveyances have been regiftered within twelve months from
the date thereof, or fhall be regiftered within the fpace of one year after the return of the commilfion for
taking the examination of the wife, as herein before mentioned, or where the perfons or perfons to whom
the fame hath been made, hath actually entered thereupon, and hath continued in poflTeflion thereof for
the fpace of feven years, by virtue of fuch deeds ; they fhall be refpeclively as valid in law, and take eiFect
as fully, to the benefit of all perfons refpectively in pofleffion thereby, and their heirs and affigns, againft
the hufband and wife, and every of their heirs and affigns, and againft ail other perfons claiming by, from
or under them, or any of them, as if the fame had been done by nnje and recovery, or any other ways or
means whatfoever ; any law, cuftom or ufage to the contrary, in any wife, notwithftanding.
theftxth and feventh feStiom concerning fees not now in forces none being due to a Judge, and the clerks' and
regijitrs' Jees being provided for by fubfequent aSls.
Note. By afl Oec. 5, 1767, Chap. I. (tlividjng the province into six distriAs, and establishing a superior court in each, con-
sisting of thechief justice and two associate justices) it wa» Ciiailed in the third seflion as follows:
" That the chief justice, or either oi the associate justices, may, as well within court as without, take the probate or acknow-
*'leds;ment of deeds, or letters of attorney, and the private examination of feme covens, as hath hi?retofor« be-n d-^ne by the
" chief justice in the like cases; and such associate justice is hereby authorised, to take and receive thi same fees and | erquisites,
" as the chief justice IS entitled to for the like services J which proof shiU be deemed equally good and valid in law, a» ifta-
"ken in any court of record ! any law or usage to the contrary notwithstanding."
This adl expired some time before the revulutioa : But by ail Nov. 15, 1776, chap. 2, (now in force) it is provided, that the
judges of the superior courts thereby constituted, "may have, use, e.xercise, and enjoy the same powers and authorities, rights,
" privi'eges and prehemi:iences, as were had, used, exercised, ard enjoyed, by any former Judges in this territory, except where
" it is, or may be otherwise direiied by this aifl, or where such authorities, rights, p/ivileges or preheminences, or any of them
"may be inconsis ent with, or repujnarit to, the form of government and const tutioii by law established." In consequence of
which general words, the authority devolved by the above ail on the chief justice, has been constantly exerci&ed by the Judges
(four present Su^xrior Courts.
. An additional aSt to the several oBs to appoint public treasurers.
HEREAS many of the mortgage bonds formerly taken by the feveral county treafurers, in. virtue
of teveral acts of affembly Uien in force, by leafoa of the neglect or death of molt of thofe treafu-
CHAP. 4.
:ers, remain uncancelled, and the money due thereon unpaid ; and the times limited by the law being long 1 731. 99
"iiice expired, and no perfon legally impowered to make diftreis for the fame, whereby the public is very u****^
much injured : for remedy whereof,
li. We pray it may be ena£l;ed, And he it enatlei Ay his Excellency Gabriel J'shvjloni Esq. GovertwTy hy and Treasurers ro
ivith the advice and conjent of his Majejlfs Council, and the General Affembly of the said province^ and by the pf*'^^^!^^"*
\nuthority of the/am'^ That each of the public treafurers, in their fever al diftricts, refpectively, are hereby bonds. " ^
authorifed, impowered and required, to take incohis or their keeping and poifefBon, the feveral mortgage
bonds yet uncancelled and unpaid / and the feveral perfons in whofe keeping or pofleffion any of the
faid uncancelled bonds are remaining, are hereby required to deliver the fame on demand, to the refpec-
^itiye public treafurer of the diftrict, under the penalty often pounds, proclamation money, for every fuch
llrefufal ornegleft ; to be fuad for, and recovered, by the public treafurer of the diftriia where the perfon
; fo refufing or neglecting may refide, by action of debt, bill, plaint or information, in any court of record in
this province j wherein no injunction or wager of law flial) be allowed or admitted of ; and applied one
;half to the ufe of the public, the other half to the treafurer who fhali fue for the fame.
ij III. And be it further enacted by the authority aforefaidy That the public treafurers aforefaid, in their refpec- Schedule setup
tive diftricts, upon the receipt of all or any^'bf the faid mortgaged bonds not cancelled nor paid, fhall caufe ^1^*^"^°"" ^*-"''*
ijalift or fchedule of fuch bonds defcrlbing the place where the lands lie, the mortgager's name, the fura
fuppofed to be due on each mortgage, to be affixed on the door of the court-houfe of the county, or the
licourt of affize, or general court, when held in the county where the land lies, during the fitting of at leaft
one fuch court.
IV. And be it further enacffd by the authority aforefaid. That where any perfon fhall make default for thirty Distress made
days after fuch lift hath been affixed as aforefaid, to pay the feveral lums due, on each mortgage bond, in °" defaulters.
Ifuch cafe, each and every public treafurer is hereby impowered, directed and required, to make diftrefs, by
granting an attachment, directed to the fheriffof the county where any perfonal eftate belonging to any de-
faulter lies ; who is hereby authorized and required to execute the fame, on any fuch perfonal eftate in his
county to be found.
V. Be it further etusBed by the authority aforefaid. That all fuch goods and chattels fo diftralned on as Distrained
aforefaid, fliall be fet up and fold at public vendue, at the next county court, or court of affize or general S^'ils sold.
court, after fuch diftrefs fhall be made ; an inventory of fuch goods having been firft fet up at fuch court-
houfe, at leaft ten days before fuch fale.
VI. And be it further enaSled by the authority aforefaid. That where no perfonal eftate belonging to any For want of
defaulter, fhall be found in the county wherein the mortgaged iand lies, in fuch cafe, it fhall and may be pei-soia! estate,
lawful for the public treafurer, in his refpeftive diftridt, by virtue of fuch mortgage, to enter on the faid i"ndf scui.
land, and after having given forty days notice, by fixing a note on the county court-houfe, to expofe the
faid lands to fale by public vendue, at the next county court, court of aflize, or general court after fuch no-
tice, and whatever fuch land fhall fell for, more than what is due on fuch bonds, and the charge of the
fale of fuch lands, and to the treafurer for conveying the ftme to the purchafer or purchafers, fhall be
returned to the owner : which fale, made by fuch treafurer, (hall be good and efFeftual in law, to all in-
tents and purpofes whatfoever •, and the faid deed fo given, if loft, the regiftry thereof fhali and may
be given in evidence, in any court of record within this province.
VII. And whereas, Gnce the erecting fort Johnfon at the mouth of Cape-Fear river, there appears to
remain in the hands of the public treafurer of the fouthern counties, a furplus of the monies appropriated
by law for that purpofe ,• and it being neceflary that the faid fort now built fhould be preferved :
VIII. Be it ena&ed by the authority aforefaid. That it fhall and may be lawful, for the commiflioners ap- Commissioners
pointed by a£t of Affembly, intituled. An act for ereSing a fortification on the Itwer part of CATpe-'Fezr River, °o|j°t|,^°'^"'
by warrant under their hands, or the major part of them, to draw, from time to time, out of the hands of money to keep
the faid treafurer, fuch fum or fums of money, as they fhall judge neceffary, for the guarding, watching it in repair, &c.
and prefer ving the faid fort.
IX. Provided it does not exceed the furplus of money formerly appropriated by aft of affembly, to the Treasurer to
erefting the faid fort; and the public treafurer fhall pay fuch draught at Wilmington, each court of af- [^^jngt^^^'^ ^^^'^
fize, and the commiffioners fhall account for the same, in the fame manner as all other public monies by ^ourt of atsize.
law are to be accounted for.
An a5l to revive an acl entitled^ An a£l to appoint an agent to fojicit the alFairs of this province at the feveral chap. 5.
boards in England, txp.
100 1751. CHAP. 6. An aSt for granting to his Majeffy a duty en the importatKnof rum and ivine, into Anjon counH^
t„^>y^^ frtm South-Carolina. t\
Rep, irsaii.
CHAP> 8. An aS tc confirm the four lots in Nenvbern town, lately conveyed to the commijJiDnef's for the public buildings, fan
Sec page 95. the uje of the public for ever. '
WHEREAS by an a£t of the General Aflembly, palTed at Newbern, the feventeerith day of March,
in the year of our Lord one thoufand feven hundred and forty-nine, entitled " An additional aft;
to an a<a entitled An aft to fix a place for the feat of government, and for keeping public offices, for ap-!-
pointing circuit conrts, and defraying the expence thereof j and alfo for eftabliftiing the courts of juftice, ,
and regulating the proceedings therein ;" John Starkey, Edward Griffith, and Jeremiah Vail, were appoint-
ed commiflioners, with full power and authority to agree with any perfon or perfons, to ereft, carry on,,
asd perfeft the public buildings at the town of Newbern ; which fajd commiffioners, agreeable to a refolve
of the General Aflembly, had, by the faid commiffioners foj: conyeying lots in the town of Newbern, grant-
ed to them, their heirs and affigns, for the ufe of the public for ever, by 4eed, bearing date the feyenteenth
day of April, one thoufand feven hundred and fifty, four lots of land in the faid town, knawn in the plan
thereof by the numbers 248, 249, 250, 251 } which fsiid lots, by reafon of the provifo in the faid deed
mentioned, will foon become lapfable, and thereby the money already expended towards the pubHc build.*,,
ings now begun, will be loft, and the good intentions of the faid law defeated : For remedy whereof, .^
Certaia lots s»* II. We pray it may be enafted, and be it enaSled, by his Excellency Gabriel Johnfton, Bfq \ Governor, by And]
^*''« with the advice and confent of his Majefiy^s Council and the General Ajembly (fthi^aid province, and by the au- '■
thority if the fame. That the faid four lots of land in the town of Newbern, numbered, 248, 249, 250, 251,
Ihall, and they are hereby declared to be fayed, for the ufeof the public for ever, for the purpofes aforefaid
]by virtue of the faid deed, in as full and ample manner, as if the faid cpmmiffioners had erefted a houfe on
each of the faid lots, of the quality and dimenfions prefcribed by one aft of Aflenjbly, paffed at a General!
Biennial Affembly, held at Edenton, in the year of our Lord one thoufand feven hundred and twenty-three •
and alfo mentioned in one other aft of Aflembly, paffed ia the year of our Lord one thoufand feven huh- ^i
dred and forty -eight, entitled « An aft for the better regulating the town of Newbern, for fencing the fame,
and fecuring the titles of the feveral perfons who hold lots in the faid town ;" any law, ufage, or cuftom
to the contrary, in any wife, notwithlUnding.
CHAP. 16. An aSito amend an aEl entitled, An aft for eftaWiffiing the church, for appointing parifhes, and the method
See note, p. of eleft ing veftries, and for direfting !:he fettlement of pariffi accounts throughout this province.
57, and the aflg there referred to.
THE TITLES OF THE P R J V A T E ACTS.
7 An aa to u^ter the time for holding ll»e ,€aurts for -the connty }■% A" a^ to inyeet^he property cf a bridge in John Peacock,
of Craven. ^"* h^irsand assigns, (liy him already bti It over Coteiu-
9 An aS to amend and supplv the defeiRs of an aS entitled, tiea creek) for the term <:f tv;enty-fiv>i )'ears.'
" An aft to appoint commissioners in the place and stead 12 An i& for tioilding a chuich in Wilmington, in St. James's
of those dtceased, to complete and finish the church at parish in New- Hanover county.
Newbern, anil for adding the present churchwardens and J3 Ain ^&. to ^ppoiot .corcmisyoners ,to receive, collect, and ap.
vestrymen l;o the ^id connnissioners, ?tnd for empower- ply subscriptions lowards building oj" a chtrcl. in.the town
ing the said commissioners, churchwardens and vestry- of Biunsiwicfc, in St. Philip's parish, and for other use^
men to call the former cominissioners to account for all therein mentioned. I
the monies by them received for the use of the said 14 A.n adl to apoint a convei-dint place for holding the county
church, and to appropriate it to the purpose aforesaid, couit of Puplin, and to empower tlie commissioners
and in case of insufficiency, to lay* levy to accomplish thetein named, to built! a courc-house, prison, and stocks
the same." in the *aid county, and for enlarging the bounds thereof.
10 An aft to impower the Justices of Johnston county, to di- IS 4" a^ 'P ernpower the covtt of Bladen county to lay tmt .
vide the same into distrifls, wA to appoint commis»ion- certain distrifls in the pl.-i.ces thetein mentioned, and to
ers for the roads. appoint <;omrpissioners of the roads for the same. "'^
Signed by GABRIEL JOHNSTON, Efq. Governor,
William Smith, Prefident.
John Hodgson, Speaker.
1752. 101
At a General ASSEMBLY, held at Bath-Town, the Thirty-first Day ofG^n^iar.
March, in the Year of our Lord One Thousand Seven Hundred and Fifty- J;'*s"''G^o°.^,!no,
two.
An aSl for licenfing traders ^ pedlarsy and petty chapmeny and granting to his Majejiy an impojt or duty on goodly CHAP. 1.
luareSf and merchandize, to raife fupplies for defraying the necejfary charges of government, exp.
An aS for facilitating the navigation of port Bathy port Roanohy and port Beaufort, exp. chap. 2.
*^n aBfor appointing a treafjtrer for the counties ofCurritucky Pafquotaak, Pequimonsy Chowan, Tyrrel, Ber- chap. 3.
tiey Edgecomb, Northampton and Granville; and for continuing an a£Iy entitledy An a^fc to appoint a pub-
lic treafurer in the room of Eleazer Allen, Esq. deceafed. exp.
Jin aSito amend and extend an a£l to appoint infpeSlors in Neiv-Hanover county y and for regulating the exports chap. 4.
atCape-Fear. exp. See page 97.
An aB to amend an aSlfor regulating the pilotage of Cape-Fear river, and to emponver the captain effort John- chap. 5.
Jlony at the mouth of the [aid river y to examine all vejfels entering thefaid river y concerning the health of their See page 97,
crews on board thefaid vffelt.
An aB for dividing part of Granville y Johnfon, and Bladen countieSy into a county and parijhy by the name ofctfAT. 6.
Orange county, and the parj/h tf St. Matthew ', and J or appointing vefrymen for the Jaid pari/h, and other 4 g^^
purpofes therein mentioned. » 1753, g,
WHEREAS the counties of Granville, Johnfton, and Bladen, are now become fo very extenfive,
that many of the inhabitants thereof live very remote from the places where the courts of the faid
counties are held ; whereby a great many difficulties and hardfliips arife to the upper inhabitants thereof,
not only in attending their ordinary bufinefs in the faid courts, but alfo by being compelled to ferve as ju-
rymen, and oftentimes aS evidences, at the faid courts : for remedy whereof.
11. We pray that it may be enacted, And be it enaBed by his Excellency Gabriel Johnfton, Esq. CovernoTy Orangeerefled,
hy and with the advice and confent of his Majejij's Council, and General Affembly of this province, and it is here-
by enaBed by the authority of the fame. That the upper part of Granville, Johnfton, and Bladen counties, be
erefted into a county and parifti, by the name of Orange county, and the parifh of St. Matthew ; and be
divided by a line, beginning on the neareft part on the Virginia line to Hico creek, thence a direct line to
the bent of Eno river, below the Occanechas, near to the plantation where John Williams now dweileth ;
thence down the South fide of Eno river, to Neufe river ; thence down Neufe river, to the mouth of
Horfe creek ; thence a direct line to the place where Earl Granville's line crofles Cape- Fear river ; thence
along the faid lire to the eaftern bounds of Anfon county ; thence along the dividing line of Anfon coun-
ty, to the end thereof ; and that the upper parts of the faid counties be divided and run accordingly, by
the commiffioners herein after appointed : and that the faid county and parifli (hall enjoy all and every the
privileges which any other county or parifti in this province holds or enjoys.
The remaining eight feBions of this aB either of a private or a temporary nature, or repealed.
, An aB to explain and amend an aB, entitled. An act for empowering the feveral commiflioners herein after CHAP. 8.
named, to make, mend, and repair all roads, bridges, cuts, and water-courfes, already laid out, or See page 70.
hereafter to be laid out in the feveral counties and diftricts herein after appointed) in fuch manner as
they judge moft ufeful to the public.
Vol. I. D d
JOS 1752. THE TITLES OF THE PRIVATE ACTS.
• ' — J, ^j, ^^ for appointing and laying out a town at a place cal- 9 An act to encourage Caleb Gniager to baitd a bridge orct
led Blackman's Larding, on the west side of tJasia ri- Smith's creek near tbe place known by the name of
ver OR a pUnUUoa bslonjmg to Josqih Wimberly. Smith's creek terry, in New-Uanover county.
Signed by GABRIEL JOHNSTON, Esq. Governor.
Matthew Rowan, PrtftdmU 1
Sauuel Swakk, Speaker,
1753. 103
I ■*>»*————*———*— ^——^—^""—— '*"^^^——^^—'^^'^^*'^—— '^——^'^—^—^^^— *
At a General ASSEMBLY, begun and held at Newbern, the Twenty-se- Matthew
venth Day of March, in the Year of our Lord One Thousand Seven Hun- p«r4''^.^"'*
dred and Fifty-three.
An a8 to prevent exce/Jive and dtce'rtjul gaming. EXP. CHAP^ J»
Aha^io revive and continue a claufe in an aS of the General AJJimhly of this province^ entitled « An a£l to fix chap. 3,
a place for the feat of government, and for keeping public offices j for appointing circuit courts, and g _1
defraying the expence diereof j and alfo for eftabliftiing the courts of juftice, and regulating the pro- *^ ^^^^
ceedings therein."
Jitt a£i to relieve fuch perfons^ that have, or mayfuffer^ hy the lofs of the records in Onflow county. CHAP. 4,
WHEREAS by a violent ftorm or whirlwind, in September laft pad, the houfe of Mr. Thomas Black,
late clerk of the court for the county of Onflow, together with the court-houfe, and moft of the
records belonging to the county court, where blown away and deftroyed, whereby the eftates of many or-
phans and other perfons may be very much perplexed and prejudiced ; For remedy whereof,
II. Be k enaHedbj the Haneurabk Mathew Rowan^ JSfq. Prefidenty by and -with the advice and confetit of his Copy of records
Majefly's Council and the General AJfembly of this province, and by the authority of the fame. That from and af- ^*'"^"'^**
ter the paffing of this adl, the copy of any judgment, order, fettlement of orphans and their eftates, or other
record of any matter or thing tranfafted or done in the county court of Onflow, attefted under the hand
erf" the clerk who recorded the fame (in fuch cales where the original is loft or deftroyed) (hall and may be-
giveit in evidence in any difpute or controverfy, or in any court whatfoever, and fhall have the fame weight
and credit given to it as the original record might, or ought to have, could it have been produced.
III. And be it further enaBedby the authority afore/aid, Thit where perfons have negleded taking copies Where cojjies
from the clerk's office, or may have loft them, and are defirous to perpetuate the memory of fuch judgments, "f records are
order, probate of a will or deed, difpofal of, or fettlement of orphans' eftates, or any other matter or thing r'acordf&^.'on
franfa^ed and done in the faid county court, it ihall and may be lawful, upon due proof made in open daeproof made,
court to the fatisfaftion of the Juftices of fuch court, at any time within two years next enfuing the paf-
fing of this aft, to caufe the fame to be entered on record by the clerk of the court, in a particular book
for that ptirpofe, and therein Ihall recite the witneflTes proving the fame, and that the original record was
loft^in the ftorm j for which fervice he fhall be allowed a fufficient reward, at the difcretion of the Juftices
of the county court, to be paid out of the county tax.
IV. And be it further enaSledy That fuch record, fo made, {hall and may, at all times hereafter, be plead- Su-h recorls
ed and given in evidence, and have the fame authority in any caufe or court whatfoever, as the original '***"i^d good-
tvould have, could it have been produced.
V. And whereas fince the ftorm, for want of houfes and accomodations, the court could not be held at Conn not held
Johnfton j Be it enaEled, That it ftiall not be deemed or adjudged error in any proceedings, or other public ' ' Johnston, to
bufinefs, tranfa£ted in the faid court or county of Onflow, by reafon the fame hath not been held or here- ^^ "° *"°'^'
after (hall not be held and tranfa£ted iu the town of Johnfton, until a few court-houfe fhall be built for
the faid county, in the town of Joluifton ; and that tlje fame fhall be built within two years from the paf-
fing hereof.
An aB to prohibit the exportation of grain in time cffcarcity. exp. chap. 5.
An additional a8l to an aSl concerning fervants andflaves. chap. 6
WHERE A S by an aft entituled, An aft concerning fervants and flaves, among other things, it is pro- vd. 2 54 199
vided, that no flave fhall go armed with gun, fword, club, or any other weapon, or fhall keep any " ' *
104. 1753.
Slaves not to
himt with a
gUK, unless
their owners,
&c. give bond.
Bond assigned
to the injured.
In what casfs
slaves may car-
Court to ap-
point searchers.
See an amend-
ment of this
part of the ail
(concerning
•earchers.)
3, X779, 7.
Searchers'
oath.
Who are to
search ne^ro
<ju.;rreis.
Penalty on
searcher refu-
sing.
3, \7T9, 7.
Searcher's pri-
vileges.
Who may be
appointed
searchers.
Penalty on
slaves hunting
■with dogs.
Slaves not fed
according to
this aA, stealing
cctn, &c. injur-
ed person to
sue the ov^ner
fueh weapon, or (hall hunt or range In the woods mth a gun, upon any pretence whatloever, except fucK
flave or flaves who fliall have a certificate, as in the faid a£l is provided : and whereas the remedy in the
faid a6t provided, has proved inefFe<ftual to reftrain many flaves in divers parts of this province, from go-
ing armed, which may prove of dangerous confequence ; For remedy whereof,
II. We pray it may be enafted. And be it enacted by the Honourable Mathetu Rowans Efq. Prefident, by
and with the advice and confent of hit Majejlfs Council, and the General Ajfembly of this province. That from
and after the pafTing of this a(£t, no certificate (hall be figned by any chairman of any county court In this
province, allowing any flave to carry a gun, and hunt in the woods, unlefs the mafter, miftrefs, or mana-
ger of fuch flave, (hall firft enter into bond, with fufficient fecurity, to the county court, either before,
or at the time fuch certificate (hall be given, for the good and honed behaviour of fuch flave ; which bond
may be aflSgned over to any perfon or perfons who (hall be injured by, fuch flave ; which afliignee (hall
and may maintain an a(9:ion thereon, and recover fuch damages as he or (he (hall or may fuftain by fuch
flave, in any court of record in this province, by action of debt, bill, plaint, or information •, wherein no
elToign, injundlion, protedion or wager of law, (hall be allowed or admitted of.
III. And be it further enacted. That no flave (hall have, or carry a gun in any plantation where crop Is
not tended, nor more than one in any plantation where there is crop tended, nor after crop is houfed :
And the mafter, miftrefs, or overfeer of any flave, with whom (hall be found any gun, fword, or otlier
weapon contrary to the true intent &nd meaning of this, and the before-recited a£t, (hall forfeit and pay,
to the perfon (inding the fame, the fum of twenty ftiillingf. proclamation money, to be recovered by a
warrant before any one Juftice of the peace for the county where the o(Fence (hsll be committed ; any
punilhment inflidted on the flave, forfeiture of the gun, fword, or other weapon notwithftanding } un-
lefs fuch mafter, miftrels, or overfeer, (hall, by their own oath, or other proof, make appear, that fuch :
flave, carrying a gun, fword, or other weapon, was without their confent or knowledge.
IV. And be it further enacted. That the Juftices of each county court, when and where they judge it
neceflary, (hall divide their refpe£tive counties into diftri£ts, and yearly, at the firft court to be held for
their counties refpedively after the firft day of May, (hall appoint three freeholders in each diftri£t as
fearchers, who (hall take the following o^th, viz.
" T A. B. do fwear, that I will, as fearcher for guns, fwords, and other weapons among the flaves in
^ « my diftrift, faithfully, and as privately as I can, difcharge the truft repofed in me, as the law di-
« reds, to the beft of my power." SO HELP ME GOD.
Which fearchers fliall four times a year, or oftener if they think neceflary, fearch and.examine the quar-
ters and other places where negroes refort in their diftrift, for any gun, fword, or other weapon, and up-
on finding any of the faid weapons, are hereby required to feize the fame, and convert them to their own
ufe, as by the afore-recited a£t is directed.
V. And be it further enaSled, That any perfon appointed fearcher ?is aforefaid, who (hall negleft or re-
fufe to a£l, (hall forfeit and pay the (um of forty (hillings, proclamation money, to fuch perfon who
(hall next fucceed him ; to be recovered as other fines in rliis a£t mentioned.
VI. And for the encouragement of fuch fearchers faithfully to execute their office, Be it further enaSl-
ed by the authority aforefaid. That each and every fearcher (hall, as to his own perfon, be, during the time
of his continuance in his office, exempted from ferving as a conftable, or upon the roads, or in the mi-
litia, or as a juror, and (hall not be obliged to pay any provincial, county, or parilh tax, of what
kind or nature foever, -
VII. Provided always. That no perfon but fuch as are liable to be appointed conftables, Ihall be oblig-
ed to ferve as fearchers \ any thing in this aft, to the contrary, notwithftanding.
VIII. And be it enaSted by the authority afcref aid, That no flave (hall hunt or range in the woods with a
dog or dogs, except fuch as (hall have a certificate for hunting, obtained as is in this aft direfted : And
if any flave fliall be found offending herein, it fiiall and may be lawful for any perfon or perfons to kill and
deftroy the faid dog or dogs, and to bring the faid flave before the next magiftrate, who (hall, on due proof-
of his offence, order the faid flave fuch correction as he (liall judge reafonable, not exceeding thirty lafties.
m. Repealed by aB, Nov. in^^.Ch.m. ' '
X. And be it enabled by the authority ajorefai J, That in cafe any flave or flaves, who (hall not appear to
have been cloathed and fed according to the intent and meaning of this aft, fliall be convlfted of ftealing
any corn, cattle, hogs, or other goods whatfoever, from any perfon not the owner of fuch flave or flaves,'
fuch injured perfon (hall and may maintain an aft ion of trefpafti agair.tt the mafter, owner, or pofleflbr of
Tuch flave, in the General or County court, and fliaJl recover his or her tiamages, with cofts of fult } any 1T53. 105
law, ufage, or cuftom, to the contrary, notwithftanding.
Anacl for ereBingthenpprr part of Anfon cmnt-j into a county and partfhy hy the name of Roivan county, and chat? . 7.
St LiiWspari/Ij:, and for appointing a place for holding a court in the /aid coufity. irss, 22*
WHEREAS the county of Anfou is now become fo very extenfive, that many of the inhabitants
thereof live very remote from the place where the court of the faid county is held ; whereby a
great many difficulties and hardflilps arife to the upper inhabitants thereof, not only in attending their
ordinary biifinefs in the faid court, but alfo by being (^gnelled to ferve as jurymen, and oftentimes as
evidences at the faid court ; For remedy whereof, lEp
II. We pray that it maybe cnadled, And be it enaEleO^^he honourable Matthew Rovan, Efq. Preftdent, Rowan erefted.
by and ivith the advice and confent of his Majejiy's Council^ and the General Affembly of this province., and by
the authority of the fame. That Anfon County be divided by a line, to begin where Anfon line was to crofs
Earl Granville's line, and from thence, in a direft line, north, to the Virginia line ; and that the faid
county be bounded to the north by the Virginia line, and to the fouth by the fouthermoft line of Earl
Granville's land : And that the upper part of the faid county, fo laid off and divided, be ereiled into a
county and parifli, by the name of Rowan county, and St. Luke's parifh ; and that all the inhabitants
to the weftward of the faid liae, and included within the before mentioned boundacies, ihall belong and
appertain to Rowan county ; And that the faid county and parifti fliall enjoy aU Stnd every the privileges,
which any other county in this province holds or enjoys,
T}:e remaining eight JeBions being of a private or a temporary nature, are therefore omitted.
Jn aB to amend afi aSi, entitled. An a£l: for dividing part of Granville, Johnfton, and Bladen counties, chap. 8.
into a county and parifh, by the name of Orange county, and the parifh of St. Matthew, and for ap- ^^^g p. loi
poitvting veftrymen for the faid parifh, and other purpofes therein mentioned,
WHEREAS it is found to be n>ore convenient to the inhabitants of the faid county to have the lines
mentioned in the ^bovefaid zOfi, to run from the nearell part of the Virginia line to Hico creek,
in a dire£l line to the bent of Eno river, below the Occanechas, ?nd fjrom thence down the Eno River to
Neufe River, and fjrom thence do'syn Neufe River, to the mouth of Horfe creek, altered by a line to be
run, beginning on the Virginia line, twenty miles weft of Granville Court-houfe, running thence a
fouth courfe to Neufe River, thence bounded by the faid river to the mouth of Horfe creek ; and that
the jurors dire£l:ed by the faid aft to attend the General court of Newbern, ftiould be returnable, and at-
tend the court of Affize, in Edgc.omb coynty :
JI. We pray that it may be enafted, And be it enaBedby the honourable Matthfw Roivan, Efq. Prtftdent
and commander in chief of this province, by and with the advice and confent of his Majeflfs Council, and the Gen-
end Affembly of this province, and it is hereby enacted by the authority of the fame. That inftead of the lines
mentioned in the above recited aft, to be run from the iieareft part of the Virginia line to Hico creek
in a direft lii>e to the bent of Eno River, below the Occanechas, and from thence down the Eno River
to- Neufe River, at the mouth of Horfe creek, a line fhalfoe run, beginning on the Virginia liae, twen-
ty miles weft of Granville court-houfe, running then.ee a fouth line to Neuse river, and thence bounded
by the faid river to the mouth of Horfe creek.
III. and IV. Of a private and temporary nature^ and therefore not neceffary to he inferted.
V. And he it further enacted by the authority aforefaid. That the claufes in the before recited aft, fo far
as they relate to running tjia faid line, from the Virginia line to Hico creek, in a direft line to the bent
of Eno River, below the Occanechas, and from thence down the Eno River to Neufe River, and from
thence down Neufe River to the mouth of Hoffe creek, dividing Orange and Granville, and the return-
ing jurors for the faid county ,of Orange to attend at the General court at Newbern, be and are hereby
repealed and macje void, to all intent?, purpofes, and conftruftions, as if the fame had never been made.
THE TITLES OF THE PRIVATE ACTS.
3 An aft Tor ar.poiiUini; and laying ^ut a town on Core Banks, ing commissioners for compleating the fort at or neuf
near Ocacock inlet, in Carteret coijntj^, and for appoint- the same place.
Signed by MATTHEW ROWAN, Efq. Prefident.
Jame;s Murray, Prefident of the Council,
Samuel Swann, Speaker,
Vol. L Ee
- iUt) 175}..
'Mrt
Matthew
Rowan, Esq
President,
At a General ASSEMBLY, begun and held at Wilmington, the Nineteer.ih
i)ay of February^ in the Year of Our Lord one Thousand Seven Hundred
and Fifty-four.
CHAP. 1.
Commission-
ers.
Kiteiber of
Value of the
money.
Penalty on per
sons counter-
feiting it.
Gommission-
crs' bond.
/n act for granting to his mytjiy, thefum oj forty thoufattd pounds, in public bilk of credit, at the rate of procla-
mation money ^ to be applied towards defraying the expence of ra'ifmg and fu^fifling the forces for his mijefl^'s fr-
vice in this province^ to be fcnt to the ajfifiancs of his mf fly's colony of Virginia ,• and for other puipofes therein
mentioned.
WHEREAS his majefty hath been pleafed, by inftru£tion to the eommaiiderin chief of this province
to dirett, that in cafe any European power, or Indians under their influence, fhould make any
holtile invafions on his msajefty's proyince, to repel force with force j and on application, to aflift any
neighbouring province, if any attack ihould be madeo.i them:
II. And whereas the government of Virginia hath defired the afliftance of fome of the militia of this pro-
vince to drive off the French, who have lately aftually committed hoftilities on that colony, and difperfed
:md plundered many of the inhabitants, built a ftrong fort, and placed a garrifon within the known bounds
of that colony .• this Aflembly being defnous of fhewing their duty to his majefty, and zeal for his fervice
and their concern and defire to promote good order, literature, and true religion in all the parts of this
province, and finding it impra£ticable (the fcarcity of money being fuch) to procure a fum fufficient to
raife and fubfift forces to be fent to the aid of Virginia, and for the other purpofes above mentioned, by
an immediate tax on the people : therefore.
III. We pray that it may be en^fted, And he it enacted by the honourable Matthew RoivaUy Efq. Prifident,
and Commander in Chief, by and ivith the advice andconfent of his Majeflfs Council, and the General AJfemhly of
this province, and by the authority of the fame. That the honourable John Swann, and Lewis DeRoflet, Efqrs.
bamuei Swann, and John Starkey, Efqrs. are hereby authorifed and impowered commiffioners to ftamp and
make out, orcaufe to be ftamped with copper-plates, and fign'd with their hands, public bills of credit of
this province, to the amount of forty thoufand pounds, at the rate of proclamation money ; that is to fay,
two thoufand five hundred forty (hilling bills, four thoufand thirty (hilling bills, four thoufand twenty
fix (hillings and eight-pence bills, fix thoufand twenty (hilling bills, fix thoufand -fifteen (hilling bills, eight
thoufand ten (hilling bills, eight thoufand five (hilling bills, ten thoufand four (hilling bills, eleven thoufand
two (hilling and eight-penny bills, thirty thoufuji one (hilling bills, forty thoufand eight-penny bills, and
thirty-one thoufand four-penny bills.
IV. And be it further enaSled by the authority aforfaid. That the bills of credit to be emitted by virtue
of this aft, (hall be current and a lawful tender in all payments whatfoever, as proclamation money, or as
(lerling money, at the proper difference there is between proclamation money and fterling money ; that is
to fay, at four (hillings, proclamation money, for three fliillings (lerling.
V. And be it further enacted by the authority aforefaid, That if any perfon or perfons (hall counterfeit, al-
ter, or erafe any of the faid public bills of credit of this province, or (hall aid or afiill in counterfeiting, al-
tering, or erafing fuch bills, or (hall utter any of the faid bills, knowing them to be fo counterfeited, altered,
or erafed, fuch perfon or perfons fo ofFending, (hall, for the firft oiFeuce, be whipped at the difcretion of
the court befor? which fuch perfon (hall be convlfte i, not exceeding forty lalhes, and ftand on the pillory
two hours, and have both his ears nailed thereto, and cut o(F ; and for the fecond offence, be deemed a
felon, without benefit of clergy ; and (hall be adjudged and fuffer accordingly.
VI. And be it further enaSled by the authority aforifaid. That each of the co-nmifiioners herein before ap-
pointed, (hall, before he enters upon the excution of his office, give bond to his honour the Prefident, or
Com -nandcr in Chief for tha time being, for the ufe of the public, in the fum of five thoufand pounds, pro-
clamation money, for the du^ and faithful execution of his office, according to the true intent and mean-
ing of this a£l : which faid bond (hall be lodged in the Secretary's ofllce of this province ; and (hall alfo
take an oath, for the d.u^ and faithful execution of his office of commiffioner aforefaid.
t. And be it further emBed by the aoHt^Hty a/orvfiidy 1 hat the faid commiflTioners fliall have iind receive, 1754. 107
eir llamping and paying out the faid bills of credit, the fum of eight hundred pounds, proclamation ' ,.»-y-»*»
And allow-
ley*
'^IIl. And be it further enaJfed by the authority aforejaid,. That as foon as the faid comniilBoners {hall have ^""
.„ivped and figned the feveral bills to the amount of forty thoufand pounds, proclamaticn money afore- i^e pYbhc'trea-
■ ud, they fhall deliver the fame (except twelve thoufand pounds, to be paid in manner as hereafter direcl- surers.
dl to the public treafurers, in fiich proportion as may be neceflary to difcharge the payments that are to
e inade for the purpofes in this aft mentioned, in the refps<ftive diftrifts of the faid treafurers : which
iid treafurers (on notice given by the aforefaid commifliorj«il|itof the day and place they will deliver the
lid bills) (hall, and they are hereby required and dire€led, tl^and there to attend, to receive the fame in
I lanner aforelaid, from the commiffioners aforefaid, and place the fame in their feveral ofhces to and for
i lie ufes, intents, and purpofes in this a<S after-mentioned.
}l IX. And be it further enaSfed by the authority aforefaid. That each of the faid public treafurers fhall have Their allow-
1 |nd be allowed one per cent, for his trouble on all the public bills of credit that he fhall receive as afore- ^"'^^' ^^■
lliid, and pay in virtue of this a£l, and no more ; any law, ufage,or cuilom to the contrary notwithfland-
X. And be it furtheP'emBedby the authority ajorefaidy That if any commiihoner or commi^ioners aforefaiil. Commissioners
I'efore the- fum of forty thoufand pounds fnall be damped and figned, fhall die or depart this government, g'^"^;^^^^
; liat then the governor or commander in chief for the time being, fhall, and is hereby authorifed and im- appoint others.
\ owered, to appoint another perfon or porfons in the room and {lead of (uch commilhoner or commilTioners
: 3 dying or departing this'government •, and fuch perfon or perfons fo appointed, {hall be veiled with the
ame power, benelits and authority, and be fubjedl to the lame regulation and reflridions, as the eommif-
loner or commilhoners ap)pointed by virtue of this a£l.
XI. And be it further enabled by the authority aforefaid, Thzt the Ca.id{nmoi forty thoufand pounds, when Money appro-
: fhall be (lamped and figned, be, and is hereby applied and appropriated for the ufes, intents and purpofes printed.
erein after mentioned ; that is to fay, the fum of twelve thoufand pounds for the enlifting, fubfi{ting, and 12,000/. to the
aying the forces defigned for the afhilance of the colony of Virginia, againd the French and Indians wha ^'^'^"^•
ave invaded the faid colony at Ohio^ which (hall be paid by (he faid commifiloners, by warrant or war-
ants from the governor or commander in chief, to the colonel or commanding oflScer of the regiment, or
(lis order -, which faid olhcer (liall fird give bond, with fufficient fecurity, in the fum of twelve thoufand
jtounds, proclamation money, payable to his Majedy, his heirs and fucce{rors, for the ufe of the public, for
iihe due application of all fuch monies he may or (hall receive in virtue of any fuch warrant or warrants,
i.nd (hall alfo account for the fame in fuch manner as all other public monies are by law to be accounted
ipr ; which bond (hall be lodged in the Secretary's office -, and fuch olEcer fhall retain one per cent, for
deceiving and paying the faid money.
And the fum of two thoufand pounds to the ufe of fort Johndon, for drengtheriing, guarding, watch- 2ej50/. to fort
ling, and preferving the faid fort ; to be drawn out of the hands of the public treafurer, by order or war- J°^ns'on.
[ant, under the hands of the commiflTioners appointed, or to be appointed according to law, for build-
jlng the faid fort, or the major part of them, in the fame manner as they by law are impowered to do.
8 And the fum of two thoufand pounds for the finifhing fort 'GranviUe, at Occacock Inlet, to be paid by 2000/. to fort
irhe treafurer to the commiflioners for building the faid fort, by a warrant from the governor or commander ^""^"vilie.
In chief for the time being ; they fird giving bond, payable to his Majedy, his heirs and fucceffors, in the
fum of four thoufand pounds, proclamation money, for the ufe of the public, to apply the fame for the ufes
hy this a£l intended, and to account for the fame with the public treafurer ; which faid bond (hall be lodg-
ied in the Secretary's olftce.
And the fum of one thoufand pounds for the frontier counties of Anfon and Rowan, for purchafing lOCO/. to the
arms and ammunition for the ufe of the poorer inhabitants of the faid counties •, to be paid by the public son "and R*^"'
Treafurer, by warrant from the Governor or Commander in Chief for the time being ; that is to fay, five an.
hundred pounds to Mr. Caleb Howel, and Mr. Charles Robinfon, of Anfon county, and five hundred
pounds to Mr. James Carter and Mr. John Brandon, of Rowan county, to be by them refpedively applied
for the ufe by this a£l intended, each of them fird giving bond, with fufficient fecurities, payable to his Ma-
jedy, his heirs and fuccelTors, in the fum of five hundred pounds, proclamation money, for the ufe of the
public, for the faithful difcharge of the trud hereby repofed in them ; which faid bond (hall be lodged in ^^oo/ for pub-
the Secretary's office j and (hall produce to the public Treafurer, a certificate from the court of the county iic debts.
18 000.', appli-
eJ.
6000J. for a
public school.
2000/. to the
public build-
ings.
Suspending
clause.
Tax la'd.
108 1754-. refpcclively, tW the fecurities fo taken are fufGcient ; and fhall account with the faid treafurer for-^jii
v-*'*>nO money aforefiid, by them fo received. And the fum of four thoufand two hundred pounds, proclamatior
money, for and towards paying the pub'ic debts of this province.
XII. And bs it fit ther enacled by thi authority nforefiidy That the lum of eighteen thoufand poundS", re-
mainder of the forty thoufand pounds of the bills of credit to be ftamped and figned by virtue of this actj
fliall be applwd to and for the following ufes, intents, and purpofes, that is fay : The fum of fix thoufand
pounds for the founding and endowing a public fchool, in fuch manner and under fuch regulations, as
the Governor, or Commander in Chief, for the time being, the Council, and General Aflembly, (hall cm
('SOO/.totheuse ^^"^^ dired, and appoint. The fum of fevea i^oufand two hundred pounds to the ufe of the twenty-fouii
ofthe parishes, parities now erefted, out of which faid fum, three hundred pounds (hall be paid into the hands of the
churchwardens and veftry of every refpe£live parifli in this government ; to be by them applied to-
wards building or finifhing a parifh church, purchafing land and ftock for a glebe, and building a par.-
fonage houfe, within their feveral and refpeflive parifhes ; to be paid by the treafurers to the church^i
wardens of each and every parilh, by ordei of the feveral and refpeftivs veftries ; to be by them applied
to the ufes and purpofes by this aft intended, and no other. And the fum of two thoufand pounds, foi
and towards finifhing the public buildings in this province ; to be applied by the commiflioners already
2800/ f appointed, whereof the prefent treafurer for the fouthern diftrift, is one, towards cpmpleating and
tingtncies. ' ^"ifhing the faid buildings, and (hall, by the faid commiflioners, be accounted for, from time to time/
with the General AiTembly. And the fum of two thoufand eight hundred ppuiids, for and towrards d^
fraying the contingent charges of this Government.
XIII. Provided always, and it is hereby enaSied and declared.. That the faid remaining public bills of pred^i
it, to the amount of eighteen thoufend pounds, (hall not be ilTued or paid by the faid treafurers, or any
other perfon or perfons whatfoeyer, for and towards the purpofes herein before mentioned, or to anji
other purpofe whatfoever, until his majefty's royal approbation or confent (hall be fignified to the Govern?)
or, or Commander in Chief of this province, for the time being •, any thing in this aft, to the contrary^
not with (landing, ('a J ^
XI V. And he it further enaBed hy the authority aforefaid. That the tax of one (hilling proclamation moj)
ney, for finking the prefent currency, fhall continue to be annually levied on every taxable perfon within
this province, and be collefted by the fherifF of every refpeftive county, and fhall be paid in gold, filver^i
or bills of credit, on or before the firft day of March, yearly ; and that all perfons neglefting to pay th^
faid tax at the time by law limited, (hall be liable t© fiich difitrefs, to \>e made by the fherifF, as for non?i
payment of other taxes ; and the faid fheriffof each and every county, on or before the tenth day of June<;
yearly, fliall return a lift of taxables, and alfo account, upon oath, and pay into the hands of the publjc
treafurer of the refpeftive diftrift, all fuch fums of money, as he fhall have received in virtue of this,
aft, under the penalty of two hundred pounds, proclamation money, for every default j and every fuch
fhcr:fF and his fecurities, ftial} be further liable to a fuit or fuits, and rgcoyery, on the fecurity bond giy?;
en for the performance of his office.
XV. And for the more fpeedy and efFeftual calling in and finking the bills of credit tp be emitted by \\t<
tuc of this aft, Be it enacted by the authority aforefaid, That from and after the expiration of the aft tor li-i
cenfing traders, pedlars, and petty chapmen, .and granting to his majefly an import on goods, wares, and
merchandize, to raife fupplies for the tiecefiary charges of government, there fhall be paid for every galj!
Ion of wine, rum, or other diftilled liquors, imported or brought into this province, either by land or,
wafer, fropi any port or place whatfoever (Great-]3ritain excepted) the duty of four pence per gallon^
proclamation money.
XVI. And be itfurtlier enacted by tjie authority aforefaid. That the matter of every vefTel hereafter ini^i
make report in porting liquors liable to a duty, by virtue of this or the before recited aft, to any port or place within thii:
hTursT^ * province, fhall, within forty-eight hour$ after his arrival, make a true and juft report, upon oath, to the,
receiver of the duty on fuch liquors, of the quantity of liquor, with the particular marks and numbers pji
every calk or package cgntaining the fame and to whom configned, to the beft of his knowledge, under t%
penalty of forfeiting one hundred pounds proclamation money. •>.
XVII. And be it further exacted, That from and ^fter the pafiuig of this aft, no wine, rum, or other
diftilled liquor, fhall be landed or put on iliore or any other way delivered out of the veflbl importing the
fame, before due entry made thereof, upon oath, by the importer, owner, or faftor, with the receive!
appointed by this or the before mentioned aft, for receiving the duty in the place cr port where the faiwj.
CaJ I know not whether the Kiiiii's approbation or consent was ever given.
Duty on li
qu&rs.
Importer to
Not to land till
duty paid.
Ciall be Imported, or before the fald duty fiiall be fullv fah^fi/.^ ,«^ « -j r<
j ^V^I^- '^'?^^^?'/«^''^?»*<'««rf^</. That anv DerfonornprfnncK-rr.^-
li,,o«, into thi, province, by land, n,all/wkhK«,ShfS.u^ XAr/^T/' '.""V" °*«*«IW I-il"-in.p.-.
pake a due report, on oath, ofthe quanti y the,.ofrtr& LcXL 5 ,h ' ^'"r '"i?"" <"■ ^'"'^"^ *<= ''"n.e, f ,-yi»1.;.,
pointed by .irtue of this or the before mentioned aa, aXav the dufv mn„r5 "" ^T "5 P''"^"' V Jv' i'^lit
^cuntv, to our fo,ereign lord the King, his heirs a;,d fuSrs! fo^thT^IVthrjbr""''; ™'"'«°°''
Sgr |dl^;^f„ittSuSJf;oro;£^
n.sf fre*'.4^;*rnfii,"j^r;i^i£±„°7rS?^^^^ ^ire^.y or .,«„, -.-
fon tjperfons fl,Iu forfeit and pay'<S?,SSSd";S1ro*„^:i*"rney'''^^^ '°""«'''' '-» P- '^ ""
r«eive-.^eK^d'n?lyX'pSn^f^^^^^^^^
reaijr, any bribe, recompence, or reward whatfoev J for L„l^ • ^ / ceivers taking
' Other diftilW liquors, thJt ihal b, im^o^rfnS X^^^^ ^"'"^^ ^^ -"^^ rum"t^'^''-
pubhc may be defrauded, fuch perfon (hall forf^t and nav the* fnm f^ f f '^"*"'"' ^^^'"eby the
^ t.on money , and the perfon or perfons giving opaytraVyYuS^^ P^^'^ds. proclama!
: ^°''4vr'"'^ m *" ^""^ °^°°'^ ^""''^^d p^ounds like monkey ^ ^ '^^ '* «compence, or reward, ftall
AAl. And be tt further enacted by the authority aforeraid. That fb^ r»..-
duty. o'^nyperfonbyhim,themroranyoftivCoS L^^^^ or receivers of the aforefaid deceive. pow.
ter on board any veOel, provided {he hath been in nort fiv ?r *^^"j^^/^ f"" Power and authority to en- f '° ''"""« ^''^
quorsreportedorenteredVand liable to p?yAed^^^^^^^^ ^'11'^/^ ^°" '° -uch of' the t •^-'^•
fueh liquors fo repprted, and the fame to L\\ . ^"^i- '° j ^^" *'^ fti^cient to pay the dutv on
!ty aforkaidfhall % paid, and thUwes S br n^ni^^rr^ '° the higheft bidder ; and^fter theVu
AXIL And be tt further enacted Th:.^ „«^« • r "^ "'^ liquors were taken. ^
-lay be lawful forlny of tS rSivS ofX faTd dT'°" "l-'^ °" ?^> ^ ^^°1^"' ^"'pic'on, it ftall and ^»>«=' P-- *-
;.»he faid duty hath not been paid, or fecur^A t^^L ^-j^ • *° *"^ *^"^y aforefa d, and for whirh
'^ny difpute ihall arife on an/fe^re bebl Z.l I • /" '"f ".'^ '^^''^^^''^ = ^"^ in all cafes, wW
Morefaid, the Onus ProbandVSHe on th" owLr o' daimer of f" .'?^ ^^ -n-payment ofle^t O^csue..
iPpnftable, or their affiftants, fhall be molefled o?A,p/J.r .1° ^f '' ^'^"°"- ^nd if any receiver or "Y-P'^*^ 8^
|.ven Uiem, fuch receiver, conftabJe or "ffift^^^^ ^ I^'^^ ^"""^ '" ^^^^"ting the poVers Terebv " '""'
. e.ce 5 and if in any fuchVuit the piiS^ bfno^^ 3 t^A '^' ?'"^'^^ ^^"^' ^"^ g'^« ^his aa fn eVi-
,r^J^doublecofts: e Piaintiit be non-fuit, orpdgment pafs againft him, the defendant fhalT
|g any {iqSaSLS^ttTS^^ J^IT^^ ^^ P.r(on is defirous of tranfport- «3nne,oro..
)ath been paid, or fecured to be paid/hVS annlvTr '^-'^ '? T'^''* ^"^ for which the duty '^'"'"Z r'^'
^^. which certificate fuch recLe is hetV^^^^^^^^^ duty on liquors for a cel^S t^^^i^o; r"^
-^h the number of caflcs, the marks and the cLLS5„f3^l'\^'^ req.uired, to give, fetting W W dis-
r fecured to be paid ; on producing of wbirVtn Z ' r ","^ *^^* *^ duties thereof have been oaid »»^^ '^another.
.""e fhall be tranVted,Lrki:^^^^^^ duty offuchdiftria to which 'the
.^.chfUch certificate was obtained/ no fiXr duSTlf CT '"J^'"'^ ^'' '^""^ ^de the fkme fWr'
^ Sv ^7«P-d the duty, and fuch liquor, or thTvaSf ^ ^^of t" ^^ '^"^°' "'^"'""' ^"^ ^'^'''^'
, AAIV, And be It further enacted Thct„^^Jl^/^ 'cvaiue mereot, Ihall be forfeited.
f er the pairing of4is aft. S ouV any v^Slm'portin"/ °' ^^ V'^ ^" *^'^ P^^^'"" «^^"> ^om and ^-alt, «,
l^U produce a certificate, CenedbvfnZnnl 1^1 ^.^"^ ""^^^^ aforefaid liquors, before the maftpr *^'"'^«°' f**
Mentioned aa, that he hatfi £^f ^l °"^ °[ '^^ receivers appointed by virtue of this or t^ if clearing vessel
knds r^rr..u '"^ "^ ^tii paid^ or fecured to be paid, the dutvafnr^f^J vircue ot ttiis or the before without cenifi
jjunas, proclamation monev. ^ * ^ ^'"^y ^^o'^^iaid, under the renaltv nf fiff„ cate.
r-.ls.^proclinationmTneyr'^ or lecured to be pa,d, the duty aforefaid, under ihe fenal^ofTft; ^i^
110 1754.
Colleilors ol
the duty ap-
pointed in the
several ports.
Colle&orsto
give i>oad.
To accoimt
with the public
Treasurers.
Duty appropri
ated.
Fines and for
feitmes appii<
ed.
CHAP. 4.
See page 70.
CHAP. 5.
CHAP. 7.
Sl^v ^^ he w^ r^ t/SiSS^I u;;^ ti^r^aHle-lmported b/ wate^ at every otl^r^ ,.
a;'d wTrh he adv^^^^^^^^^^^ confeat if his majeay's eounciJ. (hall be, and is hereby empowered, to nommate
^":; '^'''^.^,^, ^7^, .r,,„,^_„ receivers of the duty on this province by land, as (hall
i:i7£^:^''t^^^^^^ ^PP-ted, orUeappointedby virtue of this aa i
be neceuary . a.iq u y commander in chief for the time being, by
a^.d :rd\Te75tc; nf coa^^^^^ coun'^U, (hall appoint others in their (lead and place; ^
XXVI ri I'' ^^^^^^^ That every receiver of the duty on litiuors (hall before he enters on ,,
cf law, (hall be allowed or admitted of.
.... , « . • .: t J €t \» r,fV far imooweilne the feveral commKfioners herein after namcJ^i
An additional aSI U an act mtttHled « An aft for *"^°y^^"\g '"; '^^^ . ^w^dy laid out, or hereafter t^
moft ufeful to the public
' * * the Geniral Ajfmbly. (a J
* ■.f;,uU « An aft to apDoint an :>gent to folicit the affairs of this province, at the-
^n act to continue an act intituled" An att to appoim ^u ^^ .„coara?e James Davis to fet up, and car*
feveral boards in England ;" alfo an aft intituled - An ad to l^^^f\^^^^^^2^^,^ .» Sio an aft.
ry on his bufinefs of a printer in this province, and f°^ °;^3'P;„7fo^^^^^^^^^ the exports at Ciipe,'
fe-^^d^lf^^^^^^^^^^^^ ^ ^ ^^^^v^'^
vince." (b)
(a) Thisaa in Mr. D.vis's «litio,. '.s sail .o have been repealed, but U iscextainlx not now in force, tbe constitution of I^
"'r^7A?/a7.rraCrt^i.inaU I have -ived fro. th S -^ "^^^^ ^ '^' ^^' "^ f
Wr. Davis's edition, aiK4 itom tke naiuie ot swft iubse<i«eat aAs I am coAvwceU me »« nw c;^^ »«..
}
tlrtiP 8 AnaB fyreuaing the tipper part of Bladen county into a county and panjh, by IhenAtne of 175*. ITf
* ' -^ Cumberland county, and St. David's partfh fa J ^fT^
THE TITLES O? THE PRIVATE ACTS.]
An aa for the fiirther and better *egvilation of the town tal-
kd Wilmington, and for jrepealing the several ^s there-
in mentioned. j r .♦.
An aa for appointing commissioners of the rpwls tor tae
I gouih west parish of New- Hanover county.
S Ar aft to empower the justices of Craven county to sell the
lotoflandinNewbem, whereon the court-honse, prison
and stocks now are.
b An aft to appoint and lay out a town on the plantation oi Mr.
Henry Skibbow, on the East side of the Northeast branch
of Cape-Fear river, at a place called the Sand-Hill, and
to appoint an inspeftor in the said town, and othpr pur-
poses therein mentioned.
1^^|»« loader the times for hoWing the courts of 0»«»5«.
Howan and Bladen, counties.
11 An aa to amend an aft, entitled. An aft to appoint a convc-
nient place for hoWing the county court of Duplin, and
to empower the commi^ioners therein named to build a
court-house, prison and stocks in the said county, and
for enlarging the bounds thereof.
12 An aa to appoint a convenient place for holding the county
court of Orange, and to empower the commissioners
hereafter named to build a court-house, prison and stocka
in the said county.
13 An aa for appointing and laying out a town on the land of
John Jenkins, on the south side of Pee- Dee river, in
Anson comity, and for other purposes therein mention*
ed.
Signed by MATTHEW ROW AN, Efq. PrefiienU
James Murray, Preftdtnt of the Coutidh
Samuel Swann, Speak^rt
(a J This ftA I faave not been nbteto ol^tun, nw » copy of it.
'^:
il2 2,lY54.
Arthuh
DoBBs, Esq.
Governor.
CHAP. 1.
Repealed by
proclamation,
CHAP. 2.
Repealed by
proclamation.
CHAP. 3.
Repealed by
proc'amatlon.
CHAP. 4<.
Repealed by
proclamation.
CHAP. 5.
CHAP. 6,
CH^. 7.
CHAP. 8.
CHAP. 9.
CHAP. 10.
CHAP. 11.
CHAP. 12.
At a General ASSEMBLY, begun and held at Newbern, on the Twelfth Day
of December, in the Year of our Lord One Thousand Seven Hundred
and Fifty-four; being the First Session of this Assembly,
11
An aElJor eftabljhing thefupreme courts ofjujltce. Oyer and T(rminer^ ^n4 general gaol delivery of
North-Carq(ina^
An aS for ejiablijliing county courts, for enlarging their jurif diction^ and fettling the proceedings
thcreiti.
An act to provide indifferent jurymen in aU caujes, criminal and civil, and for an aUovanceJor tkt
attendance of jurors attending at thefupreme courtSy
An aSifor appointing parijhet and vejlries^for the encmragement of an orthodox clergy, for the advancement ofthi
protefiant religiont, and for the dirfSlion of the fettlement efparijb accounts.
An aafor granting an aid to bis Majefly,for the defence of the frontier of this province ^ an4 other purpofes.(a)
An aa for fecuring the payment of quit-rents due to his Majejy, and Earl Granville, for quieting the freeholders
in the pojfejfton of their lapd{ ^ and for other purpojes.(b)
An aSl for granting to his Majefly^ a duty upon the tonnage offhips and other yeifels com^g into this province^ for
thepurpofes therein mentioned, (c) exp.
An aBfor raiftng a fundforpaymetitofthefalaf^es of the Chief JuRice md Atti^rney-Generah andfor other pur^
An aB to refrain the exportation ofbai (fnd ffnnferchantable tobacco^ and for preventing ffaudsitf his Majejly's
cufems. EXP.
An aa to facilitate the raiftng recruits ioferve his Majefiy, in the intended expedition againf the French on the Ohio,
arid guarding the frontiers of this province, (e) exp.
An aSfor appointing the feveralf (fries therein mentioned, and for obliging thecommifftonersofthefeveraldifriBf
f? make roadf to the fame, (f)
An aSfto eUablifb a public ferry fron\ Nevjbey^s point to Phelpsh point, ivherfM the court-houfe nowjlands on Per^
quiipons river, f^^' (gj
• ^"^n "^^^l.^^ ^ ^*^* "°* ''^*" able to fiiid, r\ot a copy of it : in Mr. EJavis's edition there is the following ijiarginal note apsn
" >V of this act has bad Ut effect, and the other part provided for by the ace for itppcfinting public trcanurem."
owinjj npte
afprmied,"
(b) This afl is also miismg, and I have not been able to find any copy of >t! In Davis's edition there is the follt
upon It : " Ibis act nsiai passed under the suspending clause till the King's pleasure mas inovin; and as tbut is not yet signified. His n,
(c) Davis's edition ism/ authority, as I cannot find the aft itself, or a copy. ' • ■
{d) Davis, (e) Davis. r/
(/) This aa is also a missing one. Mr. Davis only retains the last seeiion (which is of a private nature) and observes that
all but that seaion was repealed by th-j road a-2. (Aft Jan. 1764, ch, 3.) « . •■!■■■
(^) Davis,
«HiP. 13» 4n 0^ fo amend an nS intUuUd** An aft for deftroying vermin In this province." 2,1754. 1 IS
Rep. 2. 1757, 12. ^.i^vO
i^naSlto repeal an aB pajfed by the General jtjfemhly held at Nenubern theftxth day of Aprily in the year of our chap. 14.
Lord one thoufandfeven hundred and fortyf eighty intituled " An aft to prevent the exportation of raw hides,
pieces of hides, and calf ^ins, out of this government." '*' P' ''^'
WHEREAS an aft paffed by the General Affembly held at Newbern, the fixth day of April, in the
y«ar of our Lord one thoufand feven hundred and forty-eight, intituled *' An aft to prevent the
exportation of raw hides, pieces of hides, and calf fkins, out of this government," is found, by experience,
to be very inconvenient and prejudicial, in many r^fpefts, to the inhabitants of this province, and not to
anfwer the good ends intended thereby : therefore,
, n. Beit enaHed by the Governor^ Council and AjfimUy^ and by the authority of the fame^ That the aforefaid Adl repealed.
^ft, and every matter and thing therein contained, fhall be, and is repealed, determined, made void, and
pf Aons e^eft and force, as if dxe fame had never been made,
Att aSi t$ prevent tnaliaous maiming and wounding. REPEALED^ Vol. 2, 10. CHAP. IS,
THE TITLES OF THE PRIVATE ACTS;
1$ An aA to confirm an agreement madi by the present churchwaniens and vestry sf Christ-church parish, in Craven county,
with t,he reverend James Heed.
Sigtied by ARTHUR DOBBS, Efq. Governer,
Matthew Rowan, Preftdent.
loHM Camfbill, Speaker,
Vol. I. Cg
114 1755.
AtlTHlTR
DoBBS, Esq.
Governor.
iiij III 1 1 ■«!■ ini»»ii m^*»a>»»»ttii 'wiiiiw Jjiiu'wmuiiajiii
^1
At a General ASSEMBLY, begun and held at Newbern, on the Twel£tj
Day of December, in the year of Our Lord one Thousand Seven Hui
red and Fifty-four, and from thence continued, by several Prorogiations,
the Twenty-fifth day of September, in the Year of Our Lord, One Thou^
sand Seven Hundred and Fifty -five : Being the Second Session of this As*
sembly.
5HAP. I. Ati a£i for granting a further aid to h'u Maje.Qjy to repel th'e French, and Indians in their alliance, from the
encroachment on his Majflys territories in America and other purpofes. ■ __
WHERE A.S the fubj^6ts of thfe French king, in purfaaiice of their wicked and deflructiye defigns,-
to render themfelves mafters of the American continent, have ere(n:ed forts on his Majefty's lands,'
and in conjunction with the Indians in their intereft, conimitted divers murtherr on his fubje£l:Sj ancf
ftili continue to perpetrate fuch horrid cruelties and unparallelled barbarities, the profecution of which,-
if not (peedily prevented, may not improbably terminate in the completion of their iniquitous fchemes and-
the dellrudlion of the Britifli colonies ; this AfTembly, moved with the confideration of the fufferings of
their fellow fubjefls, and earneftly defirous to fliew their duty and loyalty to their fovereign, and an in-
variable attachment to his intereft, have granted to his Majefty a further aid of ten thoufand pounds, t&
enable his Excellency the Governor to prote£l the frontier of this province, ami to affill the other colonies
in defence of his Majefty's territories, and to repel the French from their encroachments : And whereas
there is not in the treafury any money unappropriated, out of which the aforefaid fum can be paid .• Be
it enaBed by the Governor, Council, and Ajfenibly, and by the authority of the fame, That the fum of feven' ■
thoufand two hundred pounds, appropriated for byilding and finifhing- churches and purchafing glebes,;
Ante, p. 106, under a fufpending claufe in an aft, entitled, " An a£l for granting to his Mtijefty forty thoufand pounds
in public bills of credit, at the rate of proclamation money, to be applied towards defraying the expence
of raifmg and fubfifting the forces for his Majefty's fervice in this province, to be fent to the aftiftance of
his Majefty's colony of Virginia, and for other purpofes therein mentioned :" and alfo the fum of two thou-
fand pounds appropriated for and towards finiftiing the public buildings, under the fame fufpending claufe
in the before recited a£l, amounting in the whole to the fum of nine thoufand two hundred pounds, be' .,
received by the public treafurers, from the commiffioners appointed for ftamping, figning, and emitting,
the fum of forty thoufand pounds, which they are hereby required and empowered to pay to the faid
treafurers on demaijd, to wit, four thoufand and fix hundred pounds to the treafurer of eacli diftridl with-
in this province, and by them paid to fuch perfon or perfons as the Governor or commander in chief, for
the time being, (hall appoint to receive the fame, for which the faid treafurers Ihall receive no more thart
one per cent, and the perfon appointed by the Governor or commander in chief to receive the fame, (hail
account therefore to the AlTembly vvhen required.
Tax laid and II. And that the faid fum of nine thoufand two hundred pounds may be replaced in the hands of the trea*
appropriated, furers, and alfo to raife the fum of eight hundred pounds, to be applied with the faid nine thoufand two
hundred pounds, as in this acl is direfted : Be it further enaSiedby the authority aforefaid, That a poll tax '.
' of two (hillings per taxable, be levied on each taxable perfon within this province, for and during the.
fpace of live years from the paffing of this aft, and no longer ; which tax fhall be collefted, paid and ac-
counted for at the fame time, and in the fame manner, and under the like penalties, as the tax impofed
Ante, p. 112. by an aft of Aflenibly, entitled, " An aft for granting an aid to his Majefty, for the defence of the fron-
tier of this province, and other purpofes •," and as the fame (hall be paid, (liall be applied to the payment
of the faid eight hundred pounds, to fuch perfon as the Governor, or commander in chief, for the time'
, being (hnll direft, and to replacing the faid fum of riine thoufand two hundred pounds.
III. And be it further enaEted by the authority aforefaid. That the faid ten thoufand pounds hereby granted to
his Majefty, or i'o much thereof as (hall be necc(rary for the purpofes of this aft, fliall be applied in man-
ter following 4 t^af is to/ayi one thoiifatid pounds to defray the expence of eteaing one or more forts, 1755. 115
at fuch place or places in tlie frontier of this province as the Governor, or commander in chief for the v-^v^O
time being, (hall appoint, and for the better accommodation of the company formed for the defence of
the fame ; and the fum of nine thoufand pounds, for the expence of raifing, paying, cloathing, and ac-
commodating three companies, confifting of fifty men each, exclufive ~of commiffioned officers; which
11 tc*mpafiics {hall march or be tranfported to fuch of the northern colonies as his Excellency the Governor-,
Ij or commander in chief, for th? time being, fhall think moft conducive to his raajefty's interefl, and be
employed with the troops in his fervice.
, IV, And be it further enabled by the authority aforefaidy Thaf the officers and foldiers of the aforefaid three Officers and
companies, to be raifed in virtue of this a£t, {hall, from the time of their being commiffioned and enli{l- soldiers pay.
ed, have and receive the fame pay, and be under the fame difeipline and regulation with the other o{Iicers
and foldiers appointad and raifed for the fame fervice.
V. And he it further enaBed by the authority aforefaid^ That all fuch monies as {hall be raifed by virtue Surplus money
of the tax herein btfore directed, more than fhall amount to the faid fum of ten thoufand pounds, and fo *PP''^P"^'^'e^'^-
much of the faid ten thoufand pounds as {hall remain after the difburfements for the feveral fervices here-
in before mentioned, according to the true intent and meaning of this a£l, fliall, by the Governor,, Coun-
cil, and AfTembly, be applied towards paying the contingent charges of government.
VI. And that the troops in virtue of this aft intended to be raifed may be well paid and cloathed -, Be Direfllons for
it enaEied by the authority afortfaid, That the Governor, or commander in chief, for the time being, {hall ■'^'n'tting &
and may direfl: the manner of remitting the necelTary part of the fum granted for that purpofe, by ap- [|f^he^ "0°"*^^
pomting fuch perfons as he {hall think proper, to purchafe commodi;^s in this province, and to fhip ^ "o^ps-
them to any other of the Britifh colonies, iii which it may be thougbf they may to the greateft advantage
t)e difpofed of, and to dire£t the perfon or perfons to whom the hr^Q fhall be configned to pay over the
money arifing from the fale of fuch commodities to the p,*yma{ler of the faid troops, to be appointed by
the faid Governor or commander in chief of this province.
Thefeventh and eighth feElionSy providing for a draughty if neceffaryy and trtaking regulations accar dinghy not
thought material to he infertedi
IX. Arid be it further enaBed by the authority aforefaidy That the companies to be raifed in virtue of this
{ aft, may be continued and kept in pay until the tenth day of November, which will be in the year of
Our Lord one thoufand feven hundred and lifty fix, if neceiTary for his Majefty's fervice, and no longer.
An tiSifor appointing Jheriffs, and direSiing their duty in office ; and for compelling colleBors of public taxes, CHAP. 2.
and perfons intruded with laying out public money, to apply and account for the fame. Rep. \7&7, 6.
An aSforinfpeBion ofporh, beef, rice, indigo, tarf pitch, turpentine, /laves, heading, /bingles and lumber, exp. chap. 3.
An aB for regulating orphans, their guardians, and ejiates. chap. 4.
Repealed by proclamation.
An aB to qiiiet freeholders in thepojfefjion of their lands, and for other purpofes, chap. 5,
Repealed by proclamacion.
An aB for the reflraint of vagrants, arid for making provifton for thi poor, and other purpofes. exp. cha,p. 6.
Arid aB to direB the method of appraiftng lands whereon forts or batteries now are, or hereafter /Ijall be ereB- CHAP. 7.
ed, for the defence of this province.
An aB to prevent the exportation of proviftons and live (lock from this province to the French or Neutral CHkv. 8.
ports. EXP.(o)
An aB to prevent malignant and znfeBious diflemfers biing fpread by /hipping importing difiempered persons into chap. 9,
this province, and other purpofes. ^^p 2, 176O, 2.
An aB to amend an dB for facilitating the navigation of pwt Bath, port Roanoake, and port Beaufort. EXP. CHAP. 10.
{aj Davis. "^
116 1755. CHAP. 14-, An aB for laying out a road from Orange County eeurt'hcufe to a landing on the ngrth-^tve^ of
' ' Cape-Fear River-la)
THE TITLES OF THE PRIVATE ACTS,
11 An aft for tecertaining; a proper place for building thereat a and prison in the county of Onslow, and other purposea
court-house, prison, pillory and stocki, for the county of therein mentioned. ■<
Beaufort. 13 An aft for ereding that part ot Rowan county called W»cho» "^
12 An aft to appoint the place for erefting the coMrt-house via, into a distina parish.
Signed by ARTHUR DOBBS, Efq. Governor,
Matthew Rowan^ Prefident,
John GAMPBELt^ Speaker,
[CaJ This aft I have not been abie to find. Davu has this margiHal note upon it \ " provided for by the toad aa,'i
1*756. 117
[(At a General ASSEMBLY, begun and lield at Newbern, on the Twelfth Ahth«k
■ Day of December, in the Year of Our Lord One Thousand Seven Hun- GovMncr.
dred and Fifty-four, and from thence continued, by several Prorogations,
to the Thirtieth Day of September, in the Year of OurLord, One Thou-
sand Seven Hundred and Fifty-six: Being the Third Session of this As-
sembly.
I An aB for granting to his Majefty an aid of three thoufand four hundred pounds^ to defray the expence of ereBing CHAP. 1.
afort/ralftng and paying tyoQ fot^paniesyfor the defence of the Weffern frontier of this province . (a J
An aB for thje better regulaiipn of the militia i and other purpofes. exp. chap. 2.
\^aB to atnendanjiSfir efiMipnngthe fupreme courts ofjujlicej oyer and terminer j and general gaol delivery of chap. 3;
" " North-Carolina. Not now in
force.
An aBfor afcertaining the method of proving hooi-dehts. CHAP. 4.
^"TTHEREAS doubts h?,ve arifen upon conTtru£lion of the law now in force, prefcribing tha manner
^y of proving book-debts : For prevention whereof for the future,
II. Be it enaSted by the Governory Council and Affemhly^ and by the authority of thefamcy That in any atiion ^'J^^'^!'** '^^^f^
fil debt, or upon the cafe, \vhich hath been, or fli all be brought, where the plaintiff hath declared, or fhall evidence r&
declare, upon an Emiffit, Indebitatus Afliimpfit, Quantum Valebantj or Quantum -Meruit, for goods, wares manner of pro-
and merchandizes by him fold and delivered, or for work done and performed, fhall file his account with ceedingtobe
4iis declaration ; and upon the trial of the ifTue, or executing a writ of enquiry of damages in fuch aftion, ^" ' .^- ^^ *'•
fhail declare upon his corporal oath, cr folemn afErmatiop, (as the cafe may be) that the matter in difpute is
a book-account, and that he hath no means to prove the delivery of fuch articleo as h.e fhall then propofe
to prove by his own oath, or any of them, but by his book ; and in that cafe, fuch book fhall and may be
given in evidence, if he fhall make out by his own oath or aflfirmation, that fuch book doth contain a true ?, 1777,2, ^.
account of all the dealings, or the laft fettlement of accounts between tliem, and that all the articles therein ^* ^ ^s.
contained, and by him fo proved, were bona fide delivered ; and that he hath given the defendant all jult y-^i^ 97
credits ; and fuch book and oath or afrirmation, fhall be admitted and received as good evidence in any
court of la^y, for the feveral articles fo proved to be delivered within two year.s before tiie faid a£tion brought
.but not for any article of a longer {landing : And whpre the perfon who delivered fuch goods, wares or
merchandizes, or performed fuch work and labour, fliall die, his executors or adminillrators may give his
book In evidence, upon his or their making oath or affirmation, that they verily believe the account as there
charged is juft and true^ and that there are no witnefTes to Iks or their knowledge, capable of proving the
delivery of the-(^3veral artlclps as he fhall propofe to prove by the faid book, and oath or affirmation, and
that hg found the book fo ftated, and doth not know of any other or further credit to be given thanr what
is there menticned } and fuch book, and oath or affirmation, fliall be admitted and received as evidence for
any articles delivered within tiie time aforefaid.
III. But'wliereas it may be inconvenient and hazardous, by reafon of bad weather and accidents, to car- C^py of an ac«
ry books of accounts great diftances to court, when a copy of the account, proved in the fame manner as count, evi-
by this law the book is to be proved, may fatisfy the defendant as fully ; Be it therefore enaBedby the authority • " . '
aforfaidy lliat a copy from the book of accounts, pro^'ed in manner herein before diretfted, fball and may
be given in evidence in any fuch aftion as aforefaid i and Ihali be as available as if fuch book had been pro-
(a) Tliis is a missin? adl. Davis observes in the roarerin : " TbU act bad its effeet."
Vol. I. ^ H h
118 1756.
Defendant rr ay
contest the evi-
cJencv ; and de
ceased persons'
books to go a-
gainst each o-
th?r.
L'mitation of
time.
Articles of a-
bove 30/. not to
be yt^vid.
■Repealing
clause.
Ante, p. 43.
CHAP. 5.
CHAP. G.
4, 1760, 6.
3764, 6, amend-
ing this afl ;
and many sub-
sequent ones
enlarging the
time of regis-
tering. "
Further time
for proving
deeds and con-
y^^ances.
Those proved
agreeable to
itiis aft, and
such as have
been heretofore
recorded, 8ic,
declared good,
pnd copies of
duced J unlefs the defMidant, or his attorney, niall give notice to the plairtuT, or his aftorniey, at the ioinu
ing of the iflue, that he will require the book to be produced at trial ) and in that cafe, no fucb copy fhaH
be admitted or received as evidence. ,
IV. Provided neverthek/st Thar the defendant fliall be at liberty to conteft the plaintiff's evidence, an4
oppofe the fame by other legal evidence •, and where the defendant Ihall be an executor or adminiftratory
his teilator or Inteftate's book (hall and may be given in evidence againft the plaintift's book, where the
plamtiff is an executor or adminiflrator, for fuch artictes aB (hali be proved m manner afotefaid.
, V Providid alfo, That no book of account, although the fame may be proved by witnefs or witnefles,
fhall be admitted or received as evidence in any a£lion for goods, wares or merchandizes delivered, cr fcf "
work donej above five years before the faid a£tion brought ; except in cafe of perfons being out of the go-
vernment, or where the account {hall be fettled and figned by xht parties.
VI Provided neverthele/s, That no plaintiff (hall be at liberty to prove by his book, and oath or affirma*
tion as afoiefaid, on the trial of any fuch adlion as aforementioned, any article or articles, the amount ,
whereof fball exceed the fum of thirty pounds, proelamation money.
VII. And for preventing a multiplicity of law-fuitSi Be it further enaSied by the authority afore/aid, Thaf
in all cafes where there are, or fnail be n>utual debts fubfifting between the plaintiff and'defendam, or if
either party fue, or be fued, as executor or adminiflrator, where there are mutual debts fubfiding between''
the teftator or inteftate, and either party, «ne debt may be fet againft the other, either by being pleaded
in bar. or given in evidence, on the general ilTue, on notice given of the particular fum intended to be fet
off, and on what account the fame is due ; nOtwithflanding fuch debts fhall or may be deemed in law to
be of a different nature j but if either debt arofe by reafon of a penalty, the fum intended to be fet off fhall
be pleaded in bar, fetting forth what is Juftly due on either fide j any ia<^, ufage or cuftom to the contrary
in arvy-wife notwithflanding.
VIII. And be it further etia^ed by the authority afore/aidy That one a£l: of Affembly made in the thirteenth^
year of his prefent Majefty's reign, intitukd «* An a^ prefcrlbingthe method of proving book-de^^s," fnall
be, and is hereby repealed.
An a^ for the punifbment ef mutwy and defertiotiy and preventing the harbouring and entertaining of deferted
foldiers. EXP.
jin aEifor^he reliej of fuch perfons as have fufferedt or may fufftVy by not having had their deeds and mefne
conveyances proved and regfiered nvithin the time herettfore appmUed for fuch purpofes, and to prevent difputes
and laiv-fuits concerning lands.
WHEREAS from the difficulty of convening witneffes to deeds and mefne conveyances before the*
Chief Juflice, or before the court of any county wherein the lands by the fame granted lie, many
of them have not been proved nor regiftered within the time heretofore appointed by law for that purpofe,
which may occafion litigious law.fuits, and the eflates of fair and honeft purchafers thereby be drawn in
queflion : For remedy whereof,
II. Be it ena£ied by the Governory Council, and AJfemblyy ondSy the authority of the fame. That all deeds
and mefne conveyances of landsy tenements, and hereditaments, not already regiflered, acknowledged, or
proved, fliall and may, within eighteen months after the paffmg of this aft, be acknowledged by the
grantors, their agents, or attornies, or proved by one or more of the fubfcribing witaeffes to the fame,
and tendered and delivered to the regifters of the counties wherein fuch lands, tenements, and heredita-
ments, refpeetively lie ; and all deeds and mefne conveyances of lands, tenements, and hereditaments,
hereafter lo be made, fhall and may, at any time within two years from the refpeftive dates thereof, be
acknowledged, or proved in manner aforefaid, and delivered to the regiflers of the counties wherein tliey
are refpeftively fituated.
III. And be it further ena&ed by the authority aforefaid, That all rfecds and mefne conVeyalnces whatfo-
ever, which fhall be acknowledged or proved, according to the direftions- of this aft, and alfo ail fuch
as have been heretofore recorded by the clerk, or regiftered by the regifter of any precinft or county
wherein the lands or tenements mentioned in the fame lie, though not within one year after the date of
the refpeftive conveyances, (hall be good and valid in law, and fhall enure and take effeft, as fully and
efieftually, to the ufe and behoof of Uie granteeS| ^eir heirs and aiTigns, and tliofe claiming under them
Is if fuch deeds and conveyances were acknowledged, or proved and regiftered agreeable to the direc- 1756. 1 19
tion of any act of Affembly heretofore made ; and the regiftry, or copy of the record of any deed or '-^fv-mJ
conveyance regiitered dr recorded as mentioned in this a£t, and attefted by the regifter or clerk, ihall the registry
And may, where the original deed or conveyance is loft, be given in evidence in any court of record, and y"'^)' J>* S'ven
fhall be held, and is hereby declared to be full and fufficient evidence in any court of record, and fhall "* *^'"*""'
te held and is hereby declared to be full and fufficient evidence of fuch deed or conveyance j any law»
ilatute, or ufagej to the contrary, notwithftanding.
IV. jind be it further enaSied by the authority aforejaidy That the gfatitee or gralfltees, in any deed hereto- Witnesse*
fore made, or hereafter to be made, (hall and may at his own expence, on motion to the county court summoar d to
wherein the land by the fame granted liesi obtain a fummon for any one or more of the fubfcribing wit- ^^^^^ ^ esanw.
nefles to fuch deed, which fhall be-figned by the clerk, and dire£l:ed to the (herifF, commanding him to
fummon fuch witnfefe to appear at the next county courts arid give his evidence concerning the execu-
tion of fuch deed, under the penalty of twenty pounds •• And the fherifF fhall, and is hereby required to
execute the fame, at leaft five day's before the court to which the fame is returnable, and mak« due re-
tjurn thereof i for which fummon, fervice, and return, the clerk and fherifF fhall be paid the fame fees as
are allowed on iffuingj ferving and returning, fubpeenas in adlions (a) ; and if any witnefs to a deed. Vol. 2, 19^.
fo fummoned, fhall fail to appear on the return of fuch funimon, the court fliall give judgment againft
him for the penalty aforefaid* for which execution may be taken out, either againft his body or goods,
by him or them at whofe infianCe he fhall be fummoned, unlefs he fhew fufficient caufe to the next fuc-
'eeeding court for not having appeared to give his evidence.
V; And be it further enabled by the authority aforefaidy 1 hat every regifter who fhall negleG or delay to Penalty on re-
tegifter any deed or conveyance within two months after the fame fhall be delivered to him, fuch regifter, g'ste» for neg-
for each and every two months he fhall fo neglefl or delay, fhall forfeit and pay the fum of twenty ^^^'
pounds proclamation money ', one half to the churchwardens, for the ufe of the parifh wherein he fhail
refide, and the other half to him or theni who will fue for the fame ; to be recovered by action of debt,
>with coftsi , >
VI. And whereas the validity of feveral patents, granted by the deputies of the late lords proprletsrg Patents grant.
has been queftioned on fuppofition that their power had been determined before the arrival of a Govern- ^^ by Lords
or in this province, appointed by his Majefty : Wherefore to fecure the pofTefTions of fuch as complied ^\°^T^Jod. ^^
with the forms of government, then ufed, in taking out patents. Be it enaSied by the authority afsrefaid^
That all patents made and ifTued by the deputies of the late lords proprietors, at any time whilft they
had the adminiftration of the government of this province, until the revocation or determination of their
Jiower to grant lands, was publicly fignified and made known by fome public a<5t of government, fhall,
and are hereby declared to be good and available in law, and fhall enure and take eiTe^l, as fully and ab-
folutely, to the benefit and advantage of all perfons in pofTefFion of any lands granted thereby, and to
their heirs and afTignSi as if their power to make and ifTue fuch patents had, at the time o/ making and
iffuing the fame, been in nd wife revoked or determined, except fuch as have been by the patentees at
any time refigned or furrendered j which patents, fo refigned or furrendeied, fhall receive no additional
validity hereby, and fhall be of no more force or efficacy, than they would have been before the paffing
this a£i ; any thing herein, to the contrary, notwithftanding*
An ad i9 atnend an aBf entitled^ « An aft to reflrairi the exp6rtatlon of bad and unmerchantable tobacco, chap. 7,
and for preventing frauds in his Majefly's cuftomsi" ^ 1767 '9
An aSi for re-ejiaiiyhing feveral coiirities dndiawnSi and for other purpofes. CHAP. 9.
WHERE AS his Majeftyi by his orders in his privy council, dated the eighth day of April, one
thoufand feven hundred and fifty- four, did repeal^ declare void, and of none effed, twelve ads,
faffed at fundry times in this province ; Which a£ts are entitled as follows, viz.
" An aa appointing that part of Albemarle countyj lying on the weft fide of Chowan riVef, to be a Recital of »c««
precina, by the name of Bertie precinft." Faffed in the year 1722. repeated,
« An aft for incorporating the fea port of Beaufort, in Carteret precinft, into a townfhip, by the name
of Beaufort." PaflTe^ inthe year 1?28.
(a) S«« afls, Oa, IfSi, ell, fi Uov, ir86, cb, I4,
120 1755. « An a£l to appoint that part cf Albemarls county, lying on the fouth fide of Albemarle found aj?dF
Ui<v*««J Morattuck river, as high as the Rainbow banks, to be aprecin£l, by tlie nanxe of Tyrrell precin£t." Paf»
fed in the year 1 729.
" An a(3; to eftablifh the precinft§ of Onflow and Bladen, and for appointing thsntj diftin^ precincls."
Pafied in the year 1734. • . •' .,,
" An a£t for erefting the village called Newton, in New-Hanover eounty, into a town and townJi
fi<ip, by the name of Wilmington, and regulating and afcertaining the bpunds thereof.". Paffed in thgi -
year 1739. - ■ ■■■ - - .''
"Anacbfor confirming titles to the town lands of Edentoc, for fecuring the privileges heretofore:
granted to the faid town, and for the further encouragement and better regulation thereof." Pafled iti
the year 1740. j:
" An a£t to confirm and eredJ that part of the province called Edgcomb county, into a county, by thej
name of Edgcomb county, and for eftabiiihing the faid county a parifh, and for afcertaining the boundarT>T;
line between the norihweft and Society pariihes, in Bertie county .*' Pafled in the year 1741. • ^j
♦< An ati for ereciing the upper part of Bertie county, into a county, by the name of Northampton'll
county, and for regulating the limits between Society parifh and the northweft pariih of Bertie, and fot^y
removing the feat of Bertie county court." PalTed in the year 1741. •..•:
« An a£t for erefting the upper part of Graven countyi into a county and parifh, and for appointing* v
a. place for building a court-houfe, prifon aad flocks, in the faid county." PafTed in the year 1746. \|!:,
«/ina£t for dividing Edgcomb county and precindl:^ and for erefting the upper part ^hereof into a-*:^
county and parifli, by the name of Grartyille county, and St. John's parifh, and for appointing veftry-« s
men of the faid parifh.'' PafTed in the year 1746. * |
*' An ad- for ereding the upper part of New-Hanover county, into a county and parifh, by the name'*
of Duplin county, and St. Gabriel's parifh and for appointing a place for building a court-houfe, prifoiji '
and flocks, in the faid cowity. PafTed in the year 1749.
" An a£l for ere£ling the upper part of Bladen county, into a cotmty and parifh, by the name of An-
fon county, and St. George's parifh, and for appointing a place for building a court-houfe, prifon and
flocks in the faid county." PafTed in the year 1749. ' " '
Seveiulcoua- II. And whereas his Majefly, taking into his royal confiderarion the humble reprefentation of the Af-
tics ar.il toxvns fgnriblv of this province, fefting forth that many inconveniences, with refpe£l to the future fettlement of''
this province, might arife from the repeal of the faid a£ls ; his Majefly has been gracioufly pleafed, by
an inflrudion from their Excellencies the Lords Juftices to the Governor of this province, dated the firlt •
day of July, one thoufsnd feven hundred and fifty-five, to authorife and diredl the faid Governor to give'J
his afTent to any a£ls which fhall be pafTed by the Council and AfTembly of this province, for rc-eflablifh- 'I
ing tlie feveral towns, precin£ls and counties, heretofore erc£led by the twelve acls which have been re- 'I
pealed as aforefaid, and for confirming the rights of the people, as by the faid ails they were eftabliOied, '|
under cert..in provifions and r^flridions in the faid orders mentioned: Be it therefore enacted by the Ga- "
vernoKy CouncU, and Affemhly^ andby the authority of the Jams ^ That the feveral divlfions, precincls or dif-
tritts of this province, which have heretofore belonged to the feveral an<i refpeClive counties and towns
aforefaid, before the repeal of the before recited afts of AfTembly, fhall, and they are hereby declared to
be re-eflabliPned into counties and towns by the feveral and refpe£live names by which each divifion,
precin£l or diflri£t, at the time of repealing the aforefaid a£ls, was known and denominated; and eacli
of the faid counties fhall be limited and bounded according to the bountis and limits heretofore known
and reputed to be the hounds and Hiifits thereof.
Royal prevoga- III. Prc-y/i/frfa/w^)'/, That nothing herein contained fhaU bc conltrued, deemed or taken, to alter or
tive tor incor- derogate from the right and royal prerogative of his Majefly, his heirs or fucceffors, of granting letters of
&c!*re8fmd" ' incorporation to the faid counties and towns ; of ordering appointing and dneiling the eledlionof a mem-
ber or members to reprefent them in Afl'embly : and of granting markets and fairs to be kept and held
in them refpedively : But that the faid right and prerogr.tive fliall and may, at ail times hereafter, be ex-
ercifed therein by his faid Majelty, his heirs or fucceflbrs, in as full and ample manner, to all intent*
and purpofes whatfoever, as if this a£i had never been made.
Deeds and con. IV. And be it further enaBed, That all deeds and conveyances for the Conyeying of a^ny lands, lots or ■
veyances tor tenements, in either of the counties or towns aforefaid, to any perfon or perfons whatfoever, either to
coum'iMor"^ the ufe of the public, or to their own ufe, in confequence of any or either of the f.iid adls of Afl'embly fo
repealed as aforefaid, fhall, and are hereby declared to be good and valid in law ; and (hall enure and 1756. 121
^4ki efleiSl as fully, to the benefit of the grantees, their heir§ and ^ffigns, and all others concerned, as if the u«^v<vj
I f^me a£ls had never been repealed. towns afore-
' V. And be it further encfSfedhy the authority afarefaidf That the five afts of die Ggneral Affembly of this **''*• declared
province, entitled as follows, viz. ^ • -
« An iOi for dividing part of Granville, Johnfton and Bladen counties, into a county and parifh by hig clauses' for-
the namg pf Orange county, ap,4 the panO) of St. Matthew, and for appointing yeftrymen for the faid bid by his ivta-
parifli, and other purppfes ther.ein nxentipned." Faffed in the year 1752, jesty, repealed.
»« An ,a^ for ere^ing the upper part of Anfon county, into a county and parifli, by the name of Row-
an'county and St. Luke's parifh^ anjl ,fojr apppintinga place for holding a court in faid county." Faffed
ju'the year 175S. " '
« An a£i for the further and better regulatipn of the town of Wilmington, and for repealing the fever-
ed adis therein mentioned." Faffed in the year 1754,
( .« An adl for granting untp the tpwp of Brunfwick, the privilege of choofing and fending a reprefenta-
live to the General Aflembly." Faffed in the year 1 754.
*f 4n a£t for erecting the upper part of Bladen county, into a county and pariih by the name of Cum-
herland county, and St. David's pariih." Faffed in the year 1754 ; containing certain claufes forbid by
his Majefty's faid orders, dated the firft day "of July, one thoufand feven hundred and fiftyrfiye, be and
^e hereby repealedj, and fron^ henceforth declared void and pf pope. e^
^a a^ to amend an an for impoivering the feveral /commijj^oners therein after named ^ to make, mend, and repair CHAP. 10^
j^lf roads, bridge f, cuts andiuater'courfes, already laid out, or hereafter to be laid out, in the feveral emnties and Kep. 1764, 3.
difiriSs therein after appointed, infiich manner as they judge mofl ufeful to the public ; and otbtr purpofes. '^" "^"^ *^* ^^^
V. A ND whereas Bladen county extends down the north- weft river of Cape-Fear, the diftance of **'^'°""
J^^ fifteen miles below the upper bounds of New-Hanover county" which makes it very inconve»
nient for the inhabitants pf Bladen county to work on the pubHfi roads in that diftridt: Foj remedy >yhereof.
Be it enaStedby the authority aforefaid. That a.north-eaft line be run direftly from, and oppofite the mouth
,of Levingftpn's.cr^ek to Black river, then down th* faid river to the mouth thereof, and then up the north-
,weft river to the mouth of the faid creek v_ and all the lands within the faid bounds are hereby annexed to
the county of Nevv-IJ^noyer i and Ihall hereafter be deemed and held to be within the limits of the fame,
3nd made part of the norUi-weft diftridi of New-Hanover county ; and the inhabitants thereof fubjefl and
liable to fuch duties, taxes and impofitions, and alfo intitled to the rightS9 pjriyiledges and advantages, as the
other inhabitants of the faid county are... - .
An qB f or eflahlijhin^ public roads and ferries, and ftr the better regulation of the fame in feveral counties, chap. Ii;
Rep. 1764, 3..-
An aSl to limit the time for holding county cswts, and other purpofes. chap. 15.
, . ' Provided for by subsequentaaj.
^n aSi to amend and continue an aB intitled " An aft for granting to his Majefty, a duty upon the tonnage chap. 16.
of Ihips acd pthejr veflels cpming into this province, for the purpofes therein mentioned." exp.
An aEi to re-eflablifi the counties of Rowan, Cumberland, and Orange. CHAP. 22;
WHERE AS an aft for ereding the upper part of Anfon county into a county and parifli, by the name
of Rowan county, and St. Luke's parifli, and for appointing a place for holding a court in the faid
f ountf ; an ad, intituled « An ad for ereding the upper part of Bladen county into a county and parifli,
by the name of Qumberland county, and St. Duvid's parifli ;" and an aft for dividing part of Granville,
Johnfton and Bladen cpunties, into a county and parifli, by the name of Orange county, and the parifli of
St. Matthew, and for appointing veftrymen for the faid parifli, and other purpofes therein mentioned, have
been repealed by an aa intituled « An ad for re-eftablifliing feveral counties and towns, and for other pur-
pofe? :" and whereas his Majefty has been gracioufly pleafed, by his royal inftruaions, to authorife his
Excellency the Governor to give his aflent to an ad to re-cftablifli the counties aforefaid :
II. Be it therefore emSed, by the Governer, Council, aud Affembly, and hy the authority of the fame. That the Counties re-esi
leveral divxfions or diftrids of this province, which have heretofore belonged to the refpeaive counties a- tabiished.
122 1756. forefaid, before the repeal of the before recited z€ts of AflTembly, fhall, anrf are hereby declared to be fe* •
eftablifhed into counties, by the refpefitive names by which each county or diftriil, at the time of the re-- '
pealing the aforefaid a<Sls was known and denominated : and each of the faid counties fhall be limited and 4
bounded according to the bounds and limits heretofore known and reputed to be the bounds arid limits
thereof.
III. And he it further enaEted^ That alf deeds and mefhe conireyanccp. for the cortvieying of any knda, lots
or tenements, in either of the faid counties, Xo any perfon or perfons whatfoever^ either to the ufe of the
public, or to tTieir own ufe, in confequence of the faid a£ts of Afiembly fo repealed as aforefaid, fhall, and
are hereby declared to be good and valid in law, and (hall enure and take effe£l as fully, to the benefit of -
the grantees, their heirs and affigns, and all other perfons concetned, as if the fame had never been repealed^ '
The fourth feSlioHy containing afaving of the ro;jal prerogative of granting letters of inccrporation ts^c, inimate^'
riot to be infertei.
THE TITLES OF THE ^HlVATE ACTS.]
Deeds for lands
in such coun.
ties declared
valid.
S A n aA ibr laying a tax for repairing the court-house in Edenton.
12 Ad aA for the better regulation of the town of Newbern,
and jbr securing the titles of persons who hold lots in the
said town.
13 An act for the reg<dation of the townof Wilmington;
14 An aA for establishing the titles of freeholders in Edenton,
for laying a tax fov finishing the church begun in the
said town, and for the further iittprovcRKnt aud better re-
gulation thereof.
17 An aA for ereAing a new court-houser prison, pillory and
stocks, in Pasquotank county, and otherpurposes.
18 Asft^to empower the Sherif of Cnuiville, »nd tbe colle^l-
or of the taxes of St. John's Parish, to colleA pubfitf,
county and parish levies
19 An aa fot adjourning the coonty courts of Beaufort, andi
otherpurposes.
20 An aA for dividing the parish" of St. Patriek, in die County
of Johnston, into two distinA parishes.
21 AnaAfor laying a tax on the inhabhanu of the parishes of
St. Patrick and St. Stephen.
23 An act for consolidating the parishes of Stl John and St. Pe«
ter in the county of Pas(]Uounk.
24 An aA for dividing the parish of Edgcomb, in the countj «f
Edgcomb, into two distinA parishest
Signed by ARTHUR DOBBS, Efq, G<mni^»
Matth£w Rowan,. Prefiden^,
SaUVEI; SwAm(» Spe^r^
list. 123
glOt^mmmmmmmUtmm "ill ' '" ' i ii " li i '.t'l' ri'iT ivlimimmmmimmiimmmdmiimmimimlmimimmi^l^^
[At a Gerieirai ASSEMBLY, fceguri and held at Newbern, on the Twelfth arthu.
Day of December, in the year of our Lord One Thousand Seven Hund- q°"^' ^**f'
red and Fifty-four, and from thence continued, by several Prorogations, to
the Sixteenth Day of May, in the Year of Our Lord, One Thousand Se-
I i Ven Huindredand Fifty-sevcn : Being the Fourth Session of this Assembly.
dffaSf for granting a further aid to his Majejyy for the ajfijiance of South-Carolinot and the defence of the fron^ GViiif. I .
tiers of this prtvincet and other purpefes. This aft umpoi
rary, and I prei
,„■ . -. « / ... . >r . ,. /• y. . -r. . . sume it had its effeft.
j»(tSita revive an aB for faalttatwg the navigation of port Bath, port Roamhf and port Beatifort, exp. chap. 2.
Ah e^ for further continuing an aSf, erttitledi An a£l for tlie encouragement of James Davis to fet tip and QULt, S»
carry on his bufinefs of a printer in this proTince, and for o&etpurpofes^erein mentioned. EXi».
TH^ TITLES OF TI^E PRIVATE AdTS.
' All sA to revive an ^ to establish a public ferry from New. ^ hbiir stand», on Perquimans river.
Iiejr'f point to Fhelps'i point, wbercin ths court-bouse 4 An aA for finishing the church in Wilmington.
Signed hj ARTHUR DOBBS, Efq. covernoti
Matthew RdwitM, Pr^denf>
^AMUEL SwANNy Speaker,
124 2,1757-.
Arthur
DoBBS, Cfq.
Governor.
At a General ASSEMBLY, begun and held at Newbern, on the Twelfth
Day of December, in the Year^ of our Lord, One Thousand Seven Hun^
dred and Fifty-four, and from thence continvied, by several Prprogations,!
to the Twenty.first Day of November, in the Year of our Lord One Thou,^
and Seven Hundred and Fifty-seven: Being th? Fif^h Session of thi§ Asi'
sembly.
CHA?. 1. jift aBfor granting a further aid to his Majejly^ fir fuhfiliing the firces n^cejfary to he kept in th payYo/tbtM
"^r'^andTre- province, and fir Other purpo/es, . i
sume it had its effeft,
CHAP. 2, ^<^« act to enable the <omm}JfiQners dJ Fort Johnflon and Pert Granville, to finijh the Fwts^ and to erect iartacl(
for accommodating the troops in thff ante. OBS.
CHAP. 3. An act fir further amending an act, entitled. An adJ: for amending the ftaple pf tobacco, and preventini
Rep. 1767,9. irauds ip l}is !^Iajefty's c^ftoms,
CHAP. 4. An act to empower the Juftices ofthefupreme courts to take the (icinoiuledgment or proof of^deeds, and for d/Jj
See note page lowing them a f alary, .px».
CHAP. Y. An act to ohvi^te doubts concerning fees du& en proceedings in the fupr erne courts of ju/Uce, ojtr and termitferi
and general gaol delivery, exp.
CHAP. 8.
Rep. 17^58,
19.
CHAP. 9.
Vol. 2, 131.
Part of Beau-
fort added to
Craven county.
Bounds be.
tween Craven
and Beaufort
Mcertained.
An actfirpre/efving peqce, qnd contirmir^'agood correfpondence with the Indians in alliance with his Maje/tf^
fubjects.
AnaSfor adding part of Beaufort to Craven county, for afcertaining the dividing line between thefaid count
ties, J
WHEREAS the inhabitants of that part of Beaufort county, lying between Bay river and lower Broad
creek, are, by reafon of the removal of the court of the faidcounty ata very great diftance frod
the fame, and are often put to great hardfhips and fatigue in attending their coupty court at fuch a difl
tance ; and whereas it would be much more convenient to |he faid inhabitaqts, if that part of the fai<f
county of Beaufort was added to Craven county :
II. Be it therefore enaSled by the Governor, Council, and AJJimhly, and it is hereby enaSied by the aifthority
the fame. That that part of the faid county of Beaufort, lying between Bay riyer and lower Broad Cre?
as aforelaid, be from henceforth deemed, held, and taken to bfe part of Craven county ; and that the i^
habitants thereof be fubjeft and liable to the fame rules, orders, and taxes, as any other of the inhabif
tants of the faid county of Craven now are, or fh^ll Jiefgafter be, fubje^ pt liable to j snjr laxyj ufage'
or cuftom, to the contrary, notwithftanding.
III. And whereas the bojiinds of the faid counties of Beaufort and Craven are very uncertain, by xe^{^
fon of a dividing line between the fame never being , as yet properly afcertained •, Be it therefore enaBed by
the authority, aforefaid. That from henceforward the bounds of the faid counties be by Bay river, from th^
mouth thereof, up the main weftermofl branch, to the head ; thence by the Flat fwamp that make? from
the head of the faid river j and from the head of the faid Flat fwajnp, by a line to be run nearly equidi-
ftant between Tar and Neufe rivers ; and that Mr. John Hardy and Mr. Jofeph Bryan are hereby apf
pointed commiflioners for running the faid line, which (hall be at the expence of each f punty refped^
ively.
An a3 to repeal an a^, entitledy An a(S for deftroying vermin In this provlncer 2,1757. 125
"HEREAS an a£t entitled, 4n a£iJor4tJiyoying vermin in this province^ is found not to anfwef tlie t«^Vi*w
good purpofes intended thc«±»y : chap, 12.
II. Be it therefore enabled by the Governor ^ Council^ and AJembly, and by the authority of the fame, and it it Ails tepenled,
hereby enabled. That the faid aQ of Affembly, entitled, An aSl far deflroying vermin in this provincet be»
itnd the faid a^ is henceforth repealed^ and declared to be null and void.
THE TITLES OF THE PRIVATE ACTS;
10 An aft to amend an a<ft, entitled, " An aft for the better r& finishing ^he same.
gnlation of the town of .Newbem, and for securing the 13 An aifl to dock the intail of certain lands now in posscssjoa
titles of persons who hold lots in the said town." of Haiding Jones, under a devise in' the will ot Frede-
It An a<S to enable the commissioners of the church of Edenton rick Jones, Esq. his grandfather, deceased, by whom the
to discharge tbe conttajls b^ them aiade c()ncerniiig the same were intailed.
Signed \>y ARTHUR DOBBS, Efq. Governor,
Matthew Rowan, Preftdent,
Samuel Swann, Speaker*
Not, I W^
]LQ6 1758.
»tmm
doIbJ'es ^^ ^ Genetal ASSEMBLY, beguh and held at NVwterh, on tli^' Twelftli
GcwMcr/^ Day of December, in the Year of Our' Lord One Thousand Seven Hun-
dred and Fifty-four, and from thence continued, by several .Prorogations,'
to the Twentieth Day of April, in the Year of Our Lord, One Thou-^
sand Seven Hundred and Fifty-eight: Being the Sixth Session of thi^
Assembly*
CHAP. 1. jift act/or granting an aid to his Majejiyy for augmenting the troops now in the pay of this province, to be joinX
This aa tempo- td-withthofe under the command of Brigadier- general ForbeSy paying them nJuhilJl employed in the Jaid ferviceAi
sumeirha/i^' and for placing garrijons in the Jorts on the fea coalts* 1
CHAP. 2. Anactto enable the commijftoners of port Roanoke to amend the navigation of the faid porty and for other purp^f,
fes. KXP.
CHA?. 4. An aSi to confirm and tfidblifb feverdl vejlr'ief, and other ptirpofest
Net now in
Secnote,pase . THE TITLES OlF THE PRIVATE acts'.
57.
3 An ail for altering the times for holding courts in Northamp- arid erefling others in the town of Halifax.
ton, Edgecomb, Granville, and Orange counties. 6 An ail for establishing a town on the land of Jonathan Phel^j
5 An iSS for discontinuing the ware-houses at Eifitck's landing, on Perquimans river.
Signed by. ARTHUR DOBBiS, Efq. Governor:
Matthew Rowan, Prefidenty
&AMUEL Swank, Speaker.
\
'i
2,1758, 127
,At a General ASSEMBLY, begun and held at Newbern, on the Twelfth S"^"3°*es
Day of Decembef, in the Year of our Lord One Thousand Seven Hun- covenior.
dred and Fifty-fbur, ami from' thence continued, by several Prorogations,
to the Twenty-third Day of November, in the Year of our Lord One
Thousand Seven Hundred and Fifty-eight, then beld at Edenton : Being
the Seventh Session of this Assemblv.
An a&for granting an aid to his MajeJly,for placing proper garrifons m tht forts jfohnjimand Gran* C»Af. 1.
Xitda^ andjor Qihirpurpojas. ThKaatemjo-
raiy, and 1 presoms it h»d iis effeift
An aRfor making belter provijionfoT the clergy, CBap. 2*-
Not jn force*
An aBfor eriBing a cil^ dn t/<ufe liiar\upo» tlie pldntdiidn edtttd Tom'r^hiU ,'ijS:^xing the feat of go-- CHAP. %
vernment thtrein, and building a governor's houjcy aud public effich^intke^'^ane. fa) OBs.
Jn a& to rtgulaU the injpection of pork, beef , rice f fldur', butler, indigo, tar, pit'cK, turpentine,Jiavef Cadf. 4.
heading jhingUs , lumber and dter-Jkins exp^
An act Jot encouraging the building oj public mMs j- e^distcting the duty efrniUers. ' tUkVx $.
Provided for oy 1777, 2o-
An additional act to an act intituled " Arr a£l concerning feiVarits and fhves.'* chap, 7/
The 3 last seaions of this aa rep by aS Oa. 25, 1761, 8. Tiie remainder by a<ff Nov. 18, 1/ 6S, 17. ■
A^ act for appointing a proper place for holding tie f^prems courts ojjuflice, oyer and terminer, and general gaol' CHA?. 9t
delivery, for the difirict ^ Northampton, Bdgcomby and Granville. Not new in
lorce 5 there being a different court system.
An act for regulating ordinaries, and houfes of entertainmeta i and for other purpofet, Cmap. 10/
feep.5,176r,a
An act to make prvuiftonfor the payment the Chief Jieftice and Attorriey-GeneraPsfalaries y and dtfraying the C5n<- chap. 11.
tingent charges of government, exp.
,, An aB for dividing the county of Johttflon \ and other purpofes. CHAP. 12,
WHEREAS the lafge extent of the county of Johnfton, renders it grievous and burthenfome, tff ma-
ny of tlie inhabitants thereof, to attend the courts and general mufters, and other public meetings
Appointed therein ;
If. Be it enaBed by the Governor, Council, and Affembly and by the authority ofthefanie, That from and aftef trot. % ^,
t3ie tenth day of April next, the faid county be divided, by the dividing line between the pariflf of St. Oobbs county
Patrick, and the parifli of St. Stephen ; and that that part of the faid countfy vi'hich is vLow the parifh df eredUJd.
St. Stephen, remain, be called, and known by the name of Johnfton ; and that that part of the faid county
•*^hich is the partfh oi^ St. Patrick, be thenceforth ere(n:ed into a diftindt county j and called and known by
ihe name of Dobbs.
■ Jhe remaining feSlions altogether of a private or a temporary nature^ dndiherefore not infer ted.
if "J T*"S ^ was only to take effeA conditionally (on advice that the proportion of j^50,000 sterling granted by the parfaffisnt
cf Great-Britain to Nortli and Souch-Caroliua, and Virginia, was paid or secured to be paid to the ageat of North-Carolina,) and t
Believe nothing was ever done towards carrying this a<S iiAo exe«uHen. X know a<n if tlw money was paid^ or s«:ut«d to lae pai*
** thfe aa re<iuir«di
128 2,17.-8.
CHAP. i3.
County divi-
ded.
An aB for dwiilng Udgc^mh county.
Halifax erect-
ed.
CI? IP. 19.
Aft repealed.
WHEREAS divers Inconveniences attend the inhabitants of Edgcomb county, by feafon of the la
extent thereof, and the great diftance.thatniany of them live from the court-hou.fe, arjid other
ces ufually appointed for public meetings ; ' , . v ..
II. Be it therefore enaBed by the Governor^ Council and Affimbly^ and by the^ authority ofthefame^ That from
and immediately after the firll day of January nest cnfuing, the (aid county of Edgcomb be divided, by the, i
dividing line between the parifli of Edgcomji and the pariQi of St. Mary ; and that ^at part of the faid coun- ■
ty which is now the parifti of St. Mary, ramain, be calkd, and known by the name of Edgcomb count)- j
and that that part of the faid county which is now the parifh of Edgcomb, be thenceforth ere£ted into one
diftjn£t county, and called and known by the name of Halifax.
The remaining feSiionf altogether of a privafe or a temporary nature, and therefore net inferted.
An aB for repealing an aSf therein mentioned,
WHEREAS one a£l of Aflembly, intituled « An aft for prefervirig peace, and continuing a good
correfpondence with the Indians in alliance with his Majefty's fubjefts," has not procured thegoodfl
efFe£ts hoped for j but on the contrary, is likely to alienate the affeftions of the faid Indians from the xoel
habitants of this province. : ^
II. Be it therefore ettaSled by the Governor, Council and AfftmHy andhy the authority of the fame. That the faid
recited aft, and every claufe and article thereof, fliall be, from henceforth, repealed, and made null aa(|
void.
THE TITLES 0F THE PRIVATE ACTS.
6 lAn afl for establishing a warehouse for the inspefllon of to-
bacco on ths land of Thoraas Barnes, in the county' of
Halifax, and other purposes;
8 Ai) aift for altering the method of working on the roads, and
appointing public ferries within the counties of Craven,
Cartei-et, Johnston, Beaufort, Orange, and^ Onslow.
14 AnaftfordividiigtheparJshofSt.John, in Grajiville county.
15 Anadlfordividing the parish of North-West.
16 An afl for establishing a town on the Jands formerly belong-
ing to Zachariah Nixon, lying on the north-east side tJA
Little river, in Pasquotank county. ' ' f
ir An aft to establish a ferry from Sol'ey "s point to Re)f*s point, 1
whereon thecourt-house now stands, on Pasquotank rivir. \
18 Anadi for destroying squirrels in the counties therein xxvOitX
tioned. ' j
20 An a£l to relieve John Pope frcrni a judgment obtained againtU
him, in favour of the parishes of Edgecomb' and St, A^|r
ry. ■
Signed by ..ARTHUR DOBBS, Efq. Govemr,
JMajthew Rowan, Prefident.
Sa.muel SwASiN, Speaker.
1759. 1?9
[A^ a General ASSEMBLY, begun and held at Newbern, on the Twelfth abthuu
Day of December, in the Year of our Lord One Thousand Seven Hun- Gweniof''''
4red and Fifty-four, and from thence continued, by several Prorogations, to
the l^ighth Day of May, in the Year of Our Lord, One Thousand Se-
ven Hundred and Fifty-nine, to be then held at Newbern : Being the
'J^l^hth Session of this Assemlaly.
THE TITLES OF THE PRIVATE ACTS.
i iLn act for raising money for finishing the churches in the pa- 2 An &.&. to empower the justices of Dobbs county to hear and
rishes of St. James and St. Pftilip, in Npw-Hanover d"«''™ne all causes commenced and undetermined in John
1 county, by a lottery. ston county court, before the division of the said county'.
Signed by ARTHUR DOBBS, Efq. Governor;
Matthew Rowan, Prefident,
SamueIi Swann, Speaker.
Vox, I, L i
] 9^ 2,1 759.
Arthvr
DoBBs, Esq,
G&vctnor.
At a General ASSEMBLY, begun and held at Newberii, on the Twelfth Day
of December in the Year of our Lord One Thousand Seven Hundred and
Infty-four, and frotn thence continued, by several I rorogations, to the
Tvirentieth Day of November, in the Year of our Lord One Thousand Se-
ven Hundred and Fifty-nine, tten held at Wilnaiugton: Being the Nmth'
Session of this Assembly,
CHAP. 1. An c-3 to amend and continue an aSy enlitledt An aft for tke better regulation ©f the militia, and other" pur-
pofesi EXP.
CHAP. 2. An a8 for granting art ai4 to his Majejtyifor paying and fuhfijiing the forces and militia mw in the pay of this
This aft tern- province, and for other purpofes*
porary, and I presume it had Us effcdi,
CHAP, 3. An 1^ for the appointment of vedries.
See iiot€, page SJ.
CHAP. 4, An a8 for ereBing part pf the counties of Chowan, Bertie J and Northampton, into a county and par fh.
WHEREAS the large extent of the counties of Chowan, Bertie, and Northampton, renders it griev*
ous and burthenfome to many of the inhabitants thereof to attend the courts of juftice, and o*]
ther public meetings appointed therein : For remedy whereof^
II. Be it ena5ied by the Governor, Council, and Ajfembly, and by the authority of the fame, That from and
after the firft day of May next the faid counties be divided as follows, to wit, beginning in Bertie county
at the firft high land on the north- weft fide of Mare branch, on Chowan river Pocofon ;• running thence 'J
by a direft line to Thomas Outlaw's plantation, near Stoney creek ; thence by a direft line to North- *
ampton county line, at the plantation whereon James Rutland formerly lived ; then along Northampton
county line to the head of Beaver Dam fwamp •, thence by a dire£t line to the eaftermoft part of Kerby's
creek ; thence down the creek to Meherrin river ; then up Meherrin river to the Virginia line ; then-
eafterly along the Virginia line td Bennet's creek ; then down Bennet's creek to Chowan river } then
acrofs the river to the mouth of the faid Mare branch j and up the branch to the beginning; And all
that part of the faid counties included within the faid bounds be thenceforth eredted into a diftiniSl coun-
ty and parifti, and called and known by the name of Hertford county, and parifli of St. Barnabas.
The remaining fe^ions of a private or a temporary nature, or not now of ufe, and therefore not inferted>
An aB to amend an aEI for appointing fheriffs, and direSling their duty in office ; and for compelling colleBw
of public taxes, and perfons intrufled with laying out public money, to apply and account for the fame.
Hertford ereft-
ed.
CHAP. 5.
K.p. 1767,6.
CHAP. 8. An aB to enable William Dry, Efq. to finilb fort Johnflot^ at the mouth of Cape-Fear river.
This ail temporary, and I presume it had its efl'ect.
CHAP. 9. An aB to enable the commiffioners of Port Bath and Port Beaufort to amend the navigation, and other pufif]
1 he public part pofes*
«f tlus ad expired ; and ihe rest, (of a private nature) I presume had itsefFedl.
CHAP. 14. An aSl to amend an aB, entitled, Kn a£l for building and maintaining of court-houfea, prifons, and ftocksy ■
Ante p. i6. ^ in every county within this province, and appointing rules for each county prifon for debtors.
'HEREAS by one a£l of Aflembly, parted in the fifteenth year of his prefent Majefty, entitled^t'
An att for building and maintaining of court-houfes, prifons, andjlocks, in every county within this pro»-^
vince, and appointing rules for each county prifon for debtors^ it is, among other thiags, enabled, that every
w
J>erfon coramitted to gaol (not /or treafon dr felony) upon giving bond and feeurity to tlis ^eriS" of the
[County, may have the liberty of the rules of the prifoii to which he is committed ; which indulgence
hath b©en greatly ai>ufed :
ll. Be it therefore enaiied hythe Go-Oernory Ccwicii, dtici Afemhlyt andhytheauihoriiy of the fame. That
iall and every bond or bonds which {hall hereafter be given in purfuatice of the faid a£t by any perfon or
Ipprfons committed on a Capias ad Satisfaciendum, Ihall, by the iherifF taking the fame, be afligned by
the party at whofe inftance fuchperfon or perfons was or were committed to gaol, and fiiall be returned
to the oifiee of the clerk of the court from whence fuch execution iflued, there to be fafely kept, and^
(^all have the force of a judgment j and if any psifon who fhall obtain the rules of any prifon, upon-gi-
jving bond and fecurity as aforefaid, {hall efcape out of the fame before he {hall have paid the debt, or
[damages and cofts, according to the condition of fuch bond, it Ihall be lawful, and full power and au-
[thority is hereby given to the court where fuch bond is lodged, upon motion of the party for whom fuch
[txecution iflued, to award execution againfl fuchperfon and his fecurities for the debt, or damages and
tfofts, with intereil, to be computed from the time of fuch efcape till payment: And no perfon or per-
fons whatfoevejr> who (hall be committed to gaol on any fuch execution, (hall have or be allowed the
rules of any prifon, but fhall be kept in fafe cuftody in the prifon to which he or they {hall be committed,
[until the whole debt or damages, with intereft, and co{ls, (hall be fully paid and fatisfied: Any thing
in the faid z(k contained, to the contrary, nowithftanding. "
[ ni. Provided always. That" fuch obhgor Ihall have ten days previous notice of fuch motion in writing,,
land the obligors, in fiicH cafe, fhall not be admitted to ptead non eft faftUm, in their defence, unlefa;
&ey {hall, by affidavit, prove the truth of fuch plea.
2i\7^9.\$l
Binds to be as*
sigaed to the
party, £ic.
Execution may
issue on moCiQn.
Person commit-
ted thwcon
confined in thfi
prisaa itself.
THE TITLES OF THE PRIVATE A C T ^.
Aft »& to ertipower Lawrence Thompson, late sher'rff of Grange
county, to collefl and receive a tax of two shillings, pro-
clamation money, laid on the taxable persons in the coun-
ty of Orange, by an aft of Assembly of this provmce,
passed in the thirtieth year of the reign of our sovereign
lord George the second, of Great Britain, Fiance, and
H Ireland, king, and so forth^
' An aA for enlargmg the time allowed for saving lots in the
town of Halifax, preventing the building wooden Chim-
nies therein, and other purposes,
0' An 9^ to empower sind direil the commissioners of Ac dis-
Trials herein after riientiofled, tb lay oiit and make nc#
roads.
11 An aft to establish warehouses for the inspe<3ion of tobacco-
in tht county of Dobbs, and other purposes.
12 An aft for appointing commissioners to finish the court-house
already Oegun in the town of Newbern, and for other
purposes.
13 An aft for establishing a towii' on the land formerly grant-
ed to William Churton, gentleman, lying on the north side
of the river Eno, in the county of Orang^fc.
Signed by ARTHUR DOBBS, Efq. Governor.
Jame9 Hasell, Freftdtnt,
Samubi. Swann, Speaktr,-
132 1760,
Arthur
DcDBs. Esq. ^t an ASSEMBLY, begun and held at Newbern, the T\yenty fpunh D{
"■ " °^' of April, in the Thirty-third Year of the Reign of our Sovereign Lorjl
HGeprge the Second,' by the Grace of God^ of Great-Britain, France, am
Ireland, King&c. and in the Year of our Lord One Thousand Seven Huj
dred and Sixty: Being the first Scssipnpf this present Assembly,
CHAP. I . Ati aSlto eliaUiJh inferior cmrti of Fleas mi ^arter-Se/JionSy in thefeveral counties in this provincdy
Mot now in force.
CHAP. 2. An aS for the petter care of orphans^ andfecurrty ond management of their eflatef* (a)
P»ovided for by aft, 1762, 5.
CHAP. 3. An aBfor dire£i\ng the method oj appointing jur-jmen in allcaufesy criminal qnd civif, fXP«
An aEifor e/lablifbing veflries,
An aSifor making provfton fof an orthodox clergy, (bj
CHAP. 4<.
See note, page 57.
CHAP. 5.
See note, page 57.
CHAP. 6. Ar} (iSl to amend and improve the navigation from Howards hay in fftw-river in Onflow county tp Bear-Jn*
let, OBS,
I HE TITLES OFTUE PRIVATE ACTS,
7 An aft to confirm an agreement n»ade by the present church-
wardens and vestry of Edgcomb parish, in the connty of '
Halifax, with the Rev. Mr, Thomas Burgess.
8 Au fift for enlarging t'.ie time for mspeflion of tobacco %|C
the public warehouse in t)ie town of Halifax ; for in*
creasing the salaries of the inspeAors of the said ware-
house; for establishing warehouses in the county of Cumt
l^erland; aindior gthe^ purposes therein mentioned.
gkned by ARTHUR pOBBS, Efq^. Governor,
^ James Hasell, Preftdent,
Samuel Swann, Steaker^
fa) 5wd by pws to h^ye b^jjp rcpe^ei. f'*^Rep — Dayis,
2,176a. 133
fit an ASSEMBLY, begun and held at Newbern, the Twenty.founh dobbs' gs,
' Day of April, in the Thirty-third Year of the Reign of our Sovereign Governor/*
Lord GEORGE the Second, by the Grace of God, of Great-Britain,
j France and Ireland, King, &c. and from thence continued, by Prorogation,
] to the Twenty-sixth Day of May, in the Year of our Lord One Thousand
I Seven Hundr-ed and Sixty: Being the First Session in this present As-
sembly.
An aci/er efl/Ali/btng fuperior courts of pleas and grand fejjlonty and regu/htmg tkf proceedings iherein.fa) CHAP. 1,'
Not now in force.''
An aBfor repealing an aSI therein mentioned. CHAP. 2.
tTTTHEREAS an a£l of Aflembly, intituled « An a£l to prevent malignant and infedious diftempers
af\ being fpread by (hipping, importing diftempered perfons into this province, and other purpofes,"
(S bee9 reprefented by the petition of Tundry merchants and others, and is found, by universal experience
i be greatly prejudicial to the commercial intereft within this province :
1 II. Beit therefore enaSled by the Governor, Council and Aj/embly^ and by the authority of the famcy T,hat the Aarcpeale*']
}d recited a£J: and each and every cJaufe theiein, be, and is henceforth repealed, and declared null and
^i<|.
Signed by ARTHUR DOBBS, Efq. Governs.
James Hasell, Prefident.
Samuel Swamn, Speaker.
CaJ Said by Davis'to have been repealed,
Vej.. I. M m
234 3,1750.
■wawilM*— !■■ » ill '
}Do]i'fii>, Esq
CoverAori
t atv ASSEMBLY, begun and held at Newberii, the Twenty-founh B'^y
of April, in the Thirty-third Year of the Reign of our Sovereign Lord
GLOliGE the Second, by the Grace of- Godi of Great-Britain, France^.
' and Ireland, King, &c and from thence continued, by several Prorogati-
ons, to the Twenty-sixth Day of June, in the Year of our Lord One Fhou-
. sand Seven Hundred and Sixty, to be then held at WiUningjon« Being the-
Third Session of this present Assembly.
g^.-. t ■ An ac( for granting an a^d to his Majf^y.' .., • • /
* ^efirJiftxfeaiQm oftUs aBy being for the augmenting of the forces then in the pay mmprovtncet ('
were to he in payy if necefary, till the frfi of December folloiving) I prefume had their efeSRf'
l^OOO/ emit. VII. A ND whereas there is not money in the public treafury to anfwer the purpofes atorela
ted. " jf\ and the reduced ftate of the province renders it impraaicable to raile the latwe by an^
mediate poll-tax ; Be it enaBed by the authority afsrefai J, Th^t the honourable John Swann, andl^wis E
Roffett, Efqrs. and Samuel Swann, and John Starkey, Efqrs. s»re hereby authorifed, impowered, and r _
q,uired toftamp or .print andmake out, or caufeto beftamped or printed, and alfo to fign with their hand!
T, • .• public bills of credit, to the amount of twelve thoufand pounds, at the rate of proclamation money ; that.
S™b?'°" is to fay, one thoufand of three pounds, one thoufand of two pounds, one thoufand of thirty ftiimgs, tWi
thoufand of one pound, two thoufand three hundred of ten {hillings, four thoufand of five (hillings, hvi
thoufand of two Ihilliags- and eight peace, twenty-five hundred of two {hillings, four thoufand ot one Ihil,
ling, four thoufand five hundred of eight pence, two thoufand of fix pence, and two thoufand of four peno
each ; and (hall receive for ftamping orpirinting and making out, and figning the fame, two p€r cent, ani
no more : and that the aforefaid John Swann, Lewis De RolTett, Samuel Swann, and John Starkey, that
before they ftam^ , print,.«r, fign any of the faid public bills of credit, give their refpeftive bonds, wit
fufficient fecurity, to our foV^eign lord the king, his. heirs and fuccelTors, for the ufe of the provi"ce, *
the fum of twelve thoufand pounds each, for the faithful difcharge of the truft m them repofed by this zU
which bonds {hall be iodged in the Secretary's office. ^ ^ r n. ^j
Money to be VIII. ^nd be it further enacted by the authority aforefaid; That the faid bills of credit, when fo ftamped (
lodged with the pxinted, and figned as aforefaid, (hall be delivered into the public treafury of this province ; that is to la]
treasurers. f,^ thoufand pounds thereof to John Starkey, public treafurer of the Southern diftrid, and the other J
thoufand pounds to Thomas Barker, public treafurer of the Northern diftria ;^and (hall be applied to ^^*
«ies and purpofes by this adl dire£led. " n ^\\.
Bi1h a lawW IX. And be it further enaBed by the authority aforefaid. That the' faid bills of credit Ihall be current
tei«ie», a lawful tender mall payments whatfoever, as proclamation money. j- aj'
Treasurers to X And be it further enacted by the authority aforefaid^ That the faid public treafurers, when^diredted,
pay the money, til the fum of feven thoufand pounds, by this aft granted for raifirtg, paying and fubfifting the compan
on the govern- aforementioned, (hall be fully paid, {hall make payment in the faid bills of credit to fuch perfon or perfl
w s warrant. ^ ^^^ governor or commander in chief, by his warrant or warrants, fhall order and appoint to receive 1
fame.
To be account- XI Andhe it further enacted hy the authority aforefaid. That the perfon or perfons who fhall receive
ed for to the faid fum of feven thoufand pounds, or any part thereof, by virtue of any warrant or warrants, (hall acco_
Assembly. ^-^^ ^^^ General AlTembly for the fame. And every fuch perfon or perfons, before receiving ^e faic
money, (hall enter into bond, with good and fufficient fecurity, to his Majefty, his heirs and fucceflors.^it
Kir'trSr <*o"*'^^ ^^e fum he {hall fo receive ; with condition, that he will account with the General Affembly toi
bond.' the fum or fuma he ihall receive from th«.faid Tre*furers,/>r either of them, by, virtue of fuch warrant i
Vw'l^'ch bond flvall be tal<en by, and lodged with tKa treafuret «fho pays fuchtnoney : and In cafe of a br3.tcli 3,lT6Q. 135
of the condUlnn thereof, may be put in fuit,:i»nd a judgment being obtained thereon, the money recovered ,',*<*>#'>»•
(hnU be applied towarda defraying the contingent charsjes of government, in fuch manner as the Genftral
AITembly {hall diveSfc, and to no other ufa whatfoever.
XII. And be it further enaBiedlj the authority a/orfaUf Thst the fald fumof feven thoufand pounds fhall, y'^Hjl'l^lJll,
by the direftion of the governor or commander in chief for the time being, be applied to the particular '^y,^i to"contlKl
purpoffes by this ait herein before directed, if neceflary j but If a lefs fym (hall be found fufficient for gendes of go-
thc fame, the fnrplus fnall bo applied towards defraying the contingent charges of government, already verr.rocnt.
allowed, or which fhall hereafter be allowed, by the General Afiembly ; and to no other purpofe v/hat-
foever.
Xlli. And for the greater encouragement of perfons as fflall inlift voluntarily to ievre in the faid com- Indian* taken,
panics, and other inhabitants of this province who (hall undertake any expedition againft the Cherokees, '" ^es-^ves.
and other Indians in alliance with the French 5 Be it further enadied h^ the authoritj ^crefaid. That crich of
the faid Indians who (hall be taken a captive during the prefent war by any perfon as aforefaid, (hall, and
ts hereby declared to be a flave, and the abfolute right and property of who (hall be the captor of fuch In-
dian ; and ihali and may be poffelTed, pafs, go and'remain to fuch captor, his executors, adrainiftrators
and a(rjgns, as a chattel perfonal : and if any perfon or perfons, inhabitant or inhabitants of this province, p^.^^.^,^ ^^^.
not in actual pay, (hall kill an enemy Indian or Indians, he or they (hall have and receive ten pounds for ni,-,ng ^^^'^^
each and every Indian he or they (hall fo kill j and any perfon or perfons v/hp (hall be in the actual pay Indians,
of this province, (hall have and receive five pounds for every enemy Indian or Indians he or they (hall lb
kill ; to be paid out of the Treafury .• any law, ufage or cuftom to the contrary notwithltanding.
C XIV. Provided ffkiffly^. That any perfon claiming the faid reward before: he'be allowed or paid the fame, ^T^:^^^^^°^
fhall produce to the AlTembly the. fcalp of .every Indian fo killed, and make oath, or otherwife prove that
he was the perfon who killed, or was prefent at the killing the Indian whofe fcalp (hall be fo produced •,
ind that he h^tii not before had or received any allowance from the public for the fame : and as a further
encopr^ement, (h«U aifohave, and keep to his or their own ufe or ufes, all plunder taken out of the pof-
felTion of any enemy Indian or Indians, or within twenty miks of any of the Cherokee tovms,.0T any Indi-
^ij town at war with any of his Majefty's fubje£ls. •
XV. Jndie it further enaaed by the authority ^/^r^H Tfi^t" two -thoufand pounds, of the remainder of ^^^^^^'^^^^^'
die aforefaid twelve thoufand pounds, (hall be, and is hereby appropriated to and for the payment of the \^IJ^^^\Z^'
aforefaid rewawls, tofuch perfon and perfons as by killing any of ths aforefaid Indians, (hall be mtitled to Indians killed.
wceiv^B the fame \ but if a lefs fum (hall be found fufHcient for the faid purpofe, the furplus fhall be ap-
plied towards paying the feveral creditors of the public fuch claims as already have been, or (hall be allowed
by the General A(rerably. and npt to any other purpofe ; and the refidue of the faid twelve thoufand pounds,
is hereby appropriated to and for the payment of the debts of the pubUc, . chargeable on the contingent,
fund, and (hall not be otherwife applied.
XVI. Andbeitfurthei tnaBedbythe authority afarefaid, 'VhAtii arty perfon fh^ll forge or counterfeit any 1^^^^^°^^
t>f the faid bills of credit, or (hall pafs or utter the fame in payment or exchange, knowing the fame to be J^^"
forged or eoi^titerfeited, the offender therein being lawfully convicled, (hall be ^djydged a felon, and fuffer
as in cafes of felony, without the benefit of clergy.
XV H' And for redeeming tlie faid public bills of credit; Be itmoMed hythfi atfthorltf aforefaid. That a ^f^^g'JjoToL
poll-tax of one (hilling, be laid on every taxable perfon within tins province, to commence on the firfl day
«f January, one thoufand fevetf hundred and (ixty three, and to continue until the whole fum to be emit-
ted by this a£t (hall be paid in and burnt ; which faid tax (hall be collefted by the Sheriffs of the feveral.
counties and accounted for and paid to the Treafurers of the feveral diftridis, in the fame manner, and
Under the like pen^Iti^;^, as *»r,e by, law direded fcHr the cplle(^ing, accounting for,- and paying, other ^ubfe-
taxe$i
^n aH for oppointittg a tnilkia. E«P. chap. %
Signed by ARTHUR DOBBS,Efq, Gm*'/w.
James IIasell, Prefident:
Samuel S^r^^-Hy Speaker*'
136 4-, 1760.
^UftWMnJL^lMJ
wm^wBmKmmmm)*
Am HUP.
DoBBS, Esq.
At an ASSEMBLY, begun and held at Newbern, the Twenty-fpurth Day
of April, in the Thirty-third Year of the Reign of our Sovereign Lord
GEQRGE, the Second by the Grace of God, of Great-Brhain, France and
Ireland, King, &c. and from thence continued, by several Prorogations,
to the Thirtieth Day of November, in the Year of our Lord One Thousand
Seven Hundred and Sixty, to be then held at Wilmington : Being the
rpurth Session of this present Assembly.
CHAP. 1. /InaB to regulate eleBionsfor numbers to ferve in the General AJfembly, and ta a/certain who (hall he qualifiei
Provided for by to vote at the /aid eleBionty or to be elehed a member of the General Ajpmbly ; and to direct iht method to bg
cbfet ved in taking the poll at the fever al elections in the counties and towns in this province, .
subsequent adlr.
Pitt creaed.
CHAP, 2, An act for obtaining an exact lift oftaxaUeSy -and for the effectual collecting all taxes for the future due and pay*
Provided for by able, and Other pu rpofes therein mentioned.
subsequent afls,
CHAP. 3. jin act for erecting the upper part of Beaufort county into a county andparilhyby the name of Pitt county^ and 1
S/. Michael's parijh ; and for adjourning the court form the ceurt-hcufe en the land of Thomas Bonner, t^ \
the Court-houfe in Bath Town ; and other purpofes therein mentioned.
WHEREAS the large extent of the county of Beaufort renders it grievous and burthenfome to the
inhabitants thereof to attend the courts, general mtifter? and other public meetings appointed
therein : • ' _
II. Be it therefore enacted by the Governor^ CvuncHy and ySffembly, and by the authority of the fame y That
from and after the firft day of January next, the upper part of the faid county of Beaufort, beginning
at the line between the faid county and Tyrrel, running fouth fouth-weft to Cherr/s run, where the
main road crofles the faid run ; thence down the faid run to Trantei's creek ; thence down the fai^
creek to Pamplico river ; thence down the faid river to the Fork Point, on the fouth fide of faid river j
thence up Chocowinity bay and creek to the head thereof; thence fouth fouth-weft to the dividing line
of the faid county and Graven % thenc? along tlie dividing lines of Craven, Dobbs, Edgcomb, and' Tyr-
rel ; fo that all that part of Beaufort county to the weftward of Cherry's run, Ghocowinity bay and creek,
fhall, and is herebv declared to be a feparate county and patifh, and fliall be cal'ed and known by the
name of Pitt county and St. Michael's parifh, with all and every the rights, privileges, benefits and ad-
vantages, whatfoever, which ?ny other county or parifti within this province can^ fliall, or may lawful-
ly hold, ufe, or enjoy. *
The remaining fictions are of a private qr a temporary nature, orfiich (is arenttnoip materialy and therefore
omitted.
An aSt to empower th« inhabitants offeveral parifhes within this province, that have m legal veflry within
their refpeclive parifhes y to meet and elect vejlries.
An aB to amend an acly entitled, «« An aft for the relief of fvph p^rfons as have fufFered, or may fuffer, by
not having had their deeds and mefne conveyances proved and regiftered within the time heretofore ap-
pointed for fuch purpofes, and prevent difputes and law fuits concerning lands."
WHEREAS by the aforefaid aft any perfon or perfons having deeds or mefne conveyaiices within
in this provice, were p» regifter the feme within eighteen months after paffing the faid law, an*
CHAP.
See note
57.
page
CHAP.
6.
Ante, p
118.
many perrons, through want of Icnowkig the faid law, have negleSed to have their deeds or mefne con- 4,1760. 1$7
veyances regifter«d according to the purport thereof ; For remedy whereof. V>^*v%^
II. We pr?y it maybe enafted. And be it enaSfedby the Governor ^ Council, and Affembly, and by the au- Deedj register-
thotity of the/ame. That all deeds and mefoe conveyances of lands, tenements, and hereditaments, not al- «dw"r hints
ready Tegiftered, acknowledged, or proved, .fhall and may, within eighteen months . after the paffing ™°'^ '*
this a£b, be acknowledged by the grantor, their agents or attornies, or proved by one or more of the fub-
fcribing w^tnefles to the fame, and tendered and delivered to the regifters of the counties where fuch lands,
tenements, and hereditaments, refpe£lively Jay ; and all deeds and niefne conveyances whatfoever, which
(hall be acknowledged or proved according to the directions of this aft, and alfo fuch as have been here-
tofore recorded by the clerk, or regiftered by the regiiter of any precinft or county wherein the lands
or tenements mentioned in the fame lie or are Htuate, though not within one year after the date of the
refpeftive .conveyances, (hall be good and valid in law, and f\\z\\ enure and take effeft as fully and ef-
fedually, to the ufe and behoof of the grantee, their heirs and afligns, and thofe claiming under them,
as if fuch deeds and conveyances were acknowledged, or proved and regiftered, agreeable to the direc-
tions of any aft of Aflembly heretofore made.
III. And be it further enaBed by the authority aforefaidy That every Sheriff withi« this province fliall, on Sheriff to read
the fecond day of eyery inferior court of the county whereof he is iheriff, read this i£k. at the door of '*** **•
Court-houfei immediately aft^r th? fitting of the court.
An a9 to amend and continue an afft tntitledt An aft for appointing a militia* exp.
CHAP. 7,
4tt oSifor continuing James Davis printer to this province, ext.
CHAP. 12.
,4|» oB to continue an act^ entitled f An a£t for the jreftraint of vagrants, and for making ^ovifion for the CHAP. 13;
poor, and other purpofes. exp,
THE TITLES OF THE PRIVATE ACTS.
■4 An z& for altering the times ef holding the inferior court of
pleas ano quarter cessions in the county ot Chowan-
ft An aii for raismtr money by a lottery towards finishing the
churehrs at vVilmington and Oruns wick ; and for apply-
in? the ftoduce of the slaves, and other effefls taken
from the Spaniards at Cape-Fear, in tVe Year of oqr
Lord one thcusand seven hundred and forty •eight, to the
same purposes.
4 An a^for establis^oga lownonthe lands of Joseph Howell.
on Tar river.
10 An a& to amend an aA. entitled, an aA for the better regula*
tion ef the town of Newbern, ai\d for secnring the title*
of persons whn hold lots in the said town, pas^ed the
thirtieth day of September, one thousand seven hundred
and iitty-six.
11 An aA for destroying croirs, blackbird*, utd s^uirreli, in
the county of Hyde-
Signed hy ARTHUR DOBBS,Efq. Governor.
James Hasell, Prudent,
Samuel Swamm, Speaker,
^•U V
Nn
13S 1761.
arthu. ^ j^t an ASSEMBLY, began and held at Wilttimgton, ttie Twefttiefh Day of
Governor/^' March, in the I'irsi Year of the Reign of our Sovereign Lord GEORGii
the Third, by the Grace of God, of Great-Britain, France and Ireland,
King, Defender of the Faith, he. and in the Yeirof our Lord One Thou-
sand Seven Hundred and Sixty-oiie : Being the First Session- of this' pre-
sent Assembly.
CHAP. 1. An actfir gyoKiwg to h'u Mnjejly an aid oftivmty thoufand pounds proclamation mone^, for rtt'/tng, (loathing, and
papngifive hundred tfective ineny exvlufive oj officers ', to be employed as his Excellency the General or comman-
der in chief of his M.fjl/s fmces in Am-.rica or his Excellency the Governor or commander iA chief of this
provtnc'ipall dired: or appoint } fo^ paying and fuhffiiitg fijty men and officers now in garrifvn \ and for ap-
pointing an agent to rtprcftttto his Majejfy and his minflers, the loyalty and the dutiful behavidut'ofthe inha-
bitants of this provincCi and thtir zeal for his Majeflf s fervice ; andaljoy to lay before his Maj fly and his rnini-^
fers proper documents of the charges and expends this prtivi nee hath been, or ^all be at, in his Maj flf ifer-
vice, during theprefent w^r ; and to fslicit the affairs of this province at the feveral boards in England: and
other purpofs.
{The frfl eight feBions, providing for raifmg andfuhfijling troops, to be in pay for a fhort period, {vis.foffeven
months after the firfl of M.y follotuing, if necejfary,) and making regula ions accordingly,, are emitted, as
immat rial to he inferfed.']
SO.OCOl. bJl'cf IX. A ND whereas there is not money in the public tteafury to anfwer the purpofes aforefaid, and
credit e:?*kttjd. Jl\ ^^^ reduced State of the province renders it impraiSii cable to raife the fame by an immediw
ate poll-tax f Be it emoted by the authority aforefaid, That the Honourable Jc^m Swann, Lewis De Roflett,
Efqrs. Samuel Swann, and John Starkey, Efqfs. are hereby authorifed, inipowered and required, to ftamp
or print, and make out, or caufe to be damped or printed, and alfo to fign with their hands, public bills of
credit, to the amount of twenty thoufand pounds, at the rate of proclamation money ; that is to fay, one
tlioufand three pound bills, one thoufand forty {hilling bills, one thoufand of thirty, fix thoufand five hun-
dred and fix of twenty, three thoufand of fifteen, three thoufand of ten, three thoufand of five, two thou-
fand feven hundred and twenty of four, three thoufand of three fhillings, three thoufand of two (hillings,
and fix-pence, five thoufand of two ftiillings, five thoufand of one fhilling, five thoufand of eight pence,
five thoufand of fix pence, and five thoufand of. four penny bills j and fhall receive for ftamping or prini-
tingj making out, and figning the fame^two per cent, and no more. And the faid John Swann, Lewis De
Roffett, Samuel Swann, and John Starkey, Efqrs. {hall, before they flamp, print, or fign any of the faid
public bills of credit, make oath, before fome Magiftrate within this province, that they will Well and truly
execute the truft in them repofed by virtue of this a£l v and give their refpeftive bonds, with fufficient
fecurity, to our fovereign Lord the king, hiS heirs and fuccelTors, for the ufe of this province, in the fum'
of twenty thoufand pounds, each, for the faithful difcharge of the tru{l in them repofed by this aft ; which;
bond {liall be lodged in the Secretary's oflRce.
Delivered into X. And be it further enailed by the authority aforefaid, That the faid bills of credit, when fo ftamped or
the tieasurjr. printed, and figned as aforefaid, (hall be delivered to John Starkey, Efq. public Treafurer of the Southern
diftvia ; and fliall be by him applied to the ufes and purpofes by this zO: dire£ied^
Current in all XI. And be itfurtker enacted by the authority aforefaid. That the bills of credit to be emitted by this a£l:,
raiments, &c fljall be Current, and a lawful tender in all payments whatfoever as proclamation money.
Trmsiirer to XII. And be it further enaBed by the authority aforefaid. That the faid public Treafurer, when dbedled,
tov*^'^"!^' fi* (""t>l ^^^ f""^ of twenty thoufand pounds by this aft granted for paying and fubfi{ting the aforemention-
»l>7"i»"tr"''' ^^ reginr.ent, and the faid fifty men and officers now in gaxrifon, (hall be fully paid} Ihall makef a^ment
in the faid bills of credit to fueh perfon or perfons as the Governor or Commander in Chief by his warrant 1 T6 1 1 "9
fiiall order and appoint to receive the fame. i^-L...Jj ^
XIII. And be itfitrther enacted by the authority afire/aid, That the perfon or perfons who fhall receive the Persons receV-
faid fum of twenty thoufand pounds, or any part thereof, by virtue of any fuch warrant or warrants (hall '"Sthe same to
account with the General Aflembly for the fame ; and every fuch perfon or perfons, before receiving the l'"^*""*'"^^'
faid monies, fhall enter into bond, with good and fufficiertt fecufity, to his Majefty. his heirs and fueceffor^
in double the fum or fums he fliall receive, with condition, that he will account with the General Aflem-
bly for th6 fum or fums he (hall fo receive from the faid Treafurer by virtue of fuch warrant ; whi^h bond
ihall be takeri by, and lodged iVith the Treafurer ; and in cafe of a breach of the condition thereof, may
be put iri fuit, and judgment bfeing obtained thereon, the money recovered fliall be applied towards de-
fraying the contingent charges of government, in fuch manner as the governor, council, and Affembly
(hall dire£l, imd to rio other ufe whatfoever. ''*
^XIV. And be it further enaaed by the authority aforefaid. That the faid fum of twenty thoufand pounds Surplus apnUed
Ihall be, by diretlion of the Governor or commander in chief for the time being, applied to the particu,
lar purpofes by this ad herein before direaed, if neceflary ; but if a lefs fum ftiould be found fufficient
for the fame, the furplus fliall bcf applied towards defraying the contingent charges of government, already
allowed, or which fliall be hereafter altowed by the Governor, Council, and Aflembly, and to no other
purpofes whatfoever.
. ^^V "^li ^' '.^f"''^^"' ""^^^^ ^y \^' authority qforefaid, That each able bodied man, enlifting voluntarily Colonel alo^-ed
m the faid fervice, as foon as may be after enlifting, fliall be properly cloathed ; for which expence of ^'^^ '^I'-ai'^n^-
cictathing; and fiirnifliing e'ach fdldief with a blanket, the Colonel fliall have an allowance, not exceeding
fix pounds a man. "
XVT. And be it further enacted by the authority afore/aid, thit If any perfon fliall forge or counterfeit Penalty on
any of the above mentioned bills of credit, of fliall pafs or utter the fame in payment Or exchange, know- counterfei.ins
ing the fame to be forged or counterfeited, the offender therein, being lawfully convided, fhall be ad- **"'•
judged a felon, and fuffer as in cafes of felonyj without benefit of clergy,
^ XVIt. And be it further enaEledby the authority aforefaidy That for redeeming the faid public bills of cred- Poll tax.
U, a poll tax of two fliillings, proclamation money, be laid on every taxable perfon within this province
to commence on the firft day of January, which fliall be in the year of our Lord one thoufand feven huni
dred and fixty-four, and to continue until the whole fum to be emitted by this ad fliall be paid in and
jtMrntl Which faid tai fliall be colleded by the flierifl=s of the feveral counties, and accounted for and
baidtothetreafurers ofthefeveraldiftrias, in the fame manner, and under the like penalties, as are
ipy law direded for the colleding, accounting for, and paying other taxes.
j The remainivgfeHions of this ad^for appointing an agent, expired.
Mfioa for ufi additional aSf to an aByentitledy An a(ft to make proviflon for paying the Chief Juftlce and chap 2
h Attorney-General's falaries, and defraying the contingent charges of government, exp. '
L
fn aS to empower the inhabitants of /ev.'ral parifhes within this province, thai have no legal vtlity chap ^
I within their refpeaivepartpies, to meet and eUav^pri<s. See note. p. 5r.
^na& to appoint cemmijjioners to further improve and aynend the navigation ef New River, in On' chap 4>
j flow county, to raife a fund by way of lottery, to defray the expence thereof, obs. '
h a6l to amend and inlprovt the navigation Jrom Currituck Inlet through the diflriB in Curtituch chap 5
county, to Albemarle feunA. oBS.f'aJ ' '-
r 'jfl/°Y^^"iH ^^« '«'»" of holding thefupetior eourt of pitas and grand Jessions for the difriB ^hap 7
C.rZ. ' T/ ""^A ^^' '"-^'"/'' '^"'"''^ ^Z^^'**' """"^ quarter fessions in the counties of Orange and The cJurt \y,.
m Carteret; and for other purpofes. ** ten, siace alter.
«d,
(aj Said by Dftyia t« kayc been repeal**
^^V-^ Rtp. 1767, 6- 7*''#» '»«'' '"*"^ ojjictrs.
.«.d » John. ,!,« p,tt of Orange county lying on «»"f= ™'' ?!uie cottoty, .nd innmng thence a due footh.courft
trie J°5"ft°" r°'J^^r,« .r*fte^l^atd ul^^^^^ oLrs, and .axes. I any other of
A^itUtttT'SSldtunl,^^^^^^^ hereafter be fubjeft or liable to > an, law, ufase o. c«fto„.
to the contrary notwithftanding.
Ibe/txtbfeSlion private,
, r I r . • ^ .^A ;«AW«t. rnurtt within this brvoinee ta ainut a c^^ of the lafi v)Ul
THE TITLES OF THE PRIVATE ACTS.
. .r- - f,,u,«,nrfonarter set. 10 An aa for amending an aft, entitled. " A« »afgr dWidtnt
« An aa to impower the infenor court of pleas ^y'^f^*^^ "* *** ^^ jj,g jsh cf St?John. in Granville county."
siqns for the county of No.ihai^pton. to '^X f «^/° P!?. 12 An aft i or enlwgirg the time for insptaion of tobacco at thf
sundry persons «hohave suffered ^y the burning of l,ace« W An »^^, °'.^^^^p^,* ;„ ^be town of Tarborough.in the coim.
warehouse in the said county : and other pun^oses. » £d„econib, and for encreasiog the claries of th«
8 An aa for building a court-house m the town °f Newbern, for .'^° ^orf the.eof.
the county of Craven, for raising a tax, and *«' aPP"^^- , „ a„ aa to apwint commissioners of the roadi for a certai*
ing commissioners for building the same: and for^epeal- ^^ ^"^ f^^f^f^'l^^^^^^^^^^y. >
ing an aA passed at Wilmington «»'«. 20«h d,ay d^Novem- ^'^'f^Xk he entail of certain lands therein mentione^.
beV. 1759. entitled. An art fw appomtmg com/nws^neM IS An aa to ^^^ ^^^ ^. ^^^^^^^ .^ q,^^^ B^ker, and f«.
for finishing the court house already begun inuje to.wn w cettline other iands m \icuAhewof to the same uses.
Newbern i and for other purposes. =>«^ • »•
Signed by ARTHUR DOBBS, Efq. Governor
James Hasel^, Prefident.
Samuel Swann, Speaker.
Read thiee times and ratified in open Assembly, the 23d day of April, 1761.
1Y62. Ul
At an ASSEMBLY, begun and held at Newbcrn, the Third Day of No- arth^r^^
vember, in the Third Year of the Reign of our Sovereign Lord GEORGE co^mor/'^'
the Third, by the Grace of God, of Great-Britain, Erancc and Ireland,
King, Defender of the Faith, &c. and in the Year of our Lord One Thou-
sand Seven Hundred and Sixty-two : Being the First Session of this present
Assembly.
^n aSf for dividipg this province into five feveral diftriBSi and for ejiabli/hing a fupertor court of juftice m CHAP. IJ
eachofthefaiddtliriast end regulating the preeeeditigs therein, exp.
\fyiaB to efiaililh inferior court$ of pleas and quarter Jejftons inthefeveral counties in this province. EXp/a^ CHAP. 2, .
fin aB to empower the feveral inferior court s of pleas and quarter fijfions to try all caufes commenced in the late CHAP. S;
inferior courts y inhere the debt^ damage^ or thing Jued for ^ does not exceed fifty pounds y procUmaiion mo'
ney, EXP.
An. aSldirfBing the method of appointing jurymen in all eaufeSi eriminal and civil, exp. chap. 4.
^ ' See page 77, ««>'« o'' «=*>• *•
jin aSl fir the letter care of orphans^ andfecurity and management of their eftates.(b) CHAP. 5.
WHEREAS the greateft part ofwtheeftates in this province belonging to orphans are of fo inconfi- Vol. 2, 45, 55,
derable value that an appliciition to the court of chancery, in many inftances, will occafion an ex- ^jL'J'^' **^'
pence, which the profits of them are not fufEcient to defray ; and it having been found by experience,
that the court of each r^fpefiive county, exercifing the power of regulating the education of orphans, and
the management of their eftates, have proved of Cngular fervice to them.
II. Be it therefore enaBed by the Governor y Ccuneily and ylfftmhly^ and lythe authority of the fame^ That FatWe rmay dis."
where any perfon hath, or ftiall have any child or children under the age of twenty-one years and not P^se '>f 'li* c«s.
married, it fliall and may be lawful to and for the father of fuch child or ch'ldren, whether born at the of children,
time of his death, or in ventre fa mere, or whether fuch father be within the age of twenty-one years,
or of full age, by deed executed in his lifetime, or by his lafl will and teftament in writing, in fuch man-
ner, and from time to time, as he (hall think fit, to difpofe of the cuftody and tuition of fuch child or
cliildren, for and during fuch time as he, fhe or they (hall remain under the age of twenty-one years, or
\ for any lefs time, to any perfon or perfons other than the people called Otiakers, and Popifh recufants :
I and every fuch difp ofition heretofore made, or hereafter to be made, (hall be ^c^^ and effetf^ual againft
I all and every perfon and perfons clairming the cufVody and tuition of fuch child or chiWren as guardian, in
i fcccage, or otherwife ; and the perfon or perfons to whom fuch cuftody and tuition hath been, or fhaH Authonty of
I be (odifpofed or devifed, fhall and may maintain an aG:ion of raviflment of ward or trefspafs againft any g""d'a"»
perfon or perfons who (hall wrongfully take away or detain any fuch child or children, for the recovery
I of fuch child or children, and fhall and may recover damages for the fame in the faid a£lion, with cofts,
I for the benefit of fuch child or children.
III. Pro^nded neverthelefsy That nothing in this afl contained flail be cor P rued to hinder any of the Proviso for
1 people commonly called Quakers to make fuch diffofition, or to hinder the fuperior or inferior ccurts Qpakers*
! from committing the guardianfhip and cuftody of their children to the people of that perfuafion ; and
1 that evei-y perfon or perfons to whom fuch tuition and cuftody hath been, ot fliall be fo difpofed or de-
(a) Dpvis. (bj The origjtisfafl I have not been able to firrl, aodiherefore the transciipt is literally from Davis'scopy.
Vol. I, Oo
142 1762. vifecl as aforefaid, Ihall and may take into his or their pofTefiion, for the ufe of fuch chilJ or children,
<,*<'-v-«nJ the proSts of all lands, tenements, and hereditaments ; and alfo the flaveSr goods, and chattels, anj
perfonal eflate of fuch child or children ; and may briiig fuch £J<3;ion or a<fli;jas in relitioii tliereunto, as'
by la'.v a guardian in common foccage might do.
^ot to dis- iv. Previdedaltvajs, That nothing herein before contained fliall extend fo difcharge any apprentice"
tices^* ^PP""^"- ixoca his apprenticefhip i and the fuperior court of the dillri£il, or the inferbt court of pleas and quarter
fefRons of the county wherein fuch guardian Ihali refidfc, refpe:3:ively, upon Coiripbint to tbeiiii made of
Courts to inter- fvich guardian abuling the trull: repofed in him, by mifuiing the child or children fo committed to his tai- :
fere where a tion 33 aforefaid, in being about, or intending to marry fuch child or 'children in difparagement, neg-
m trust! ""^ le3:ing tire care of their education fuitable to their eftate^ or wailing, converting to his own ufe, or other-
wife mifmanaging fuch eftate, to make and eftablifh, from time to time, fuch rules and orders for pi u
cing fuch child or children under the care and tuition of any other perfon or perfoas, fecuring the .ell itc,
and for the better education and ufage of fuch child or children> as they, in their difcretion^ ihall j'ud;|e
meet and necelTary.
Court!' power V. And be it further eii5led bythe authority aforefaid, That the fuperior courts and inferior courts of plea* :
over orphans, and quarter feiJionsof this province, within their refpeftive jurifdiiSiions, have, and fhall have full pow- {
er and authority, from time to time, to take cognizance of all matters concerning orphins and their ef- t
tates, and to appoint guardians in fuch cafes where to them it fhall appear neceirary ,• andlhall take good .
fecurity of all guardians by them to be appointed for the eftate of the orphans by them conriiitted : And
Penaley. if any court (hall commit an orphan's eftate to the charge or guardianfhip of 3:iy perfon or perfons with.-
out taking good and fu.Hcient fecurity for tlie fame, the juftice or juilices appointing fuch guardian ih.ill '»
be liable for all I'ols and damages fuftained by the orphan for want of fuch fecurity being taken ; to be re-
covered by a£lion, at the common law, in any court of record in which the fame is cognizable, at the fuit
of the party grieved.
Proviso, where VI. Provided alwayr. That where the fecuritiea Were good at the time of their being taken ar accepted,
fi*'^""'^^'*'**" but afterwards become infolvent j in fuch cafe the Juftice or Juftices fhall not be liable.
" ^° . ' VII. And be it further enaSied, That tlie bond to be given by any perfon or perfons appointed guardians
guardifnsTpay^. 35 aforefaid, fhall be made payable ta the Juftice or Juilices prefentin co^lrt and granting fuch guardian,
able to the Jus- (hip, the furvivors or furvivor of them, their executors or adminiftrators, in cruft, for the benefit of tlie
ticet. in trust child or children committed to the tuition and care of fuch guardian •, which bond fuch court (hall caule
for orphans. ^^ ^^ acknowledged befcMfe them and recorded ; and that in the name of the Juftice or Juftices lo who:n
thefaid bond is made payable, the furvivor or furvivors of them, their executors or ad^tiiniilrators, any
Mannerof pro- perfon. or perfons injured, may and (hall, at his, her or their cofts and charges, commence and profficute a
Kcuting a suit, fuit againft fuch guardian and his fecurities, executors or adminiftrators ; and Ihall and may recover all
^c. damages which he, (he, or they have fuftained by reafon of the breach of the condition thereof.
Proviso, where VIII. Provided alvxayi. That if any verdi£l or judgment (hall pafs for fucb guardian,, or his fecurities^
judgment for the perfon at whofe inftance fuch fuit (hall be commenced or profecuted, (hall pay colls*
guarliai., &c. jj^^ j^^ ^^ it further enacted by the authority aforefaid. That when a guardian (hall be appointed to an
Dutyofguardi-Qppj^j^j^ by any fuperior or inferior court, fuch guardian (hall, at the next court after his appointment,
*"** exhibit an account, upon oath, of all the eftate of fuch orphan which he or live (hall have rec«ived into
his or her haads or pofTeffioii ; and every guardian heretofore, or hereafter to be by any fuch court ap-
pointed, (hall annually exhibit his account, and ftate of the profits and dilburfements of the eftate of
fuch orphan upon oath j and fuch account fo to be exhibited, (hall be entered by the clerk in particular
books to be provided and kept for that purpofe only : and when the faid courts (hall know or be informed
Courts' i»«wer that any guardian or guardians by them refpedlively appointed, do warfte or convert the money or eftate
where they a- ^f ^^^ orphan to his or their O'vn ufe, or do in any manner mifmanage the fame, is about, or intends to
use eu rus . ^^^^^ j^j^ ^^ y^^^ -^^ difparagement, or negle£ls to educate or maintain any orphan according to his or her
degree and circumftances, or where any fuch guardian or his fecurities are likely.to become infolvent ;
fuch court (hall have power, from time to time, to make and eftablilh fuch rules and orders for the bet-
ter ordering, managing, and fecuring fuch eftate, and for the better education of, and maintaining fucli
orphans, or to appoint another guardian, as they fhall think fit and convenient,
Direaionto X. And be it further enaEled, That every guardian, executors, or adminiftrators, as foon as convenient-
gindians, 0x2- jy the fame may be done, ,fhaH, by order of the fuperior or inferior court of pleas and quarter felfions,
"'!!°''c^y'v <^»"f^ ^^- (lj?rift'to fell and'difp'jf: of all the goods an* chattels of his Qr her WArd as are or may be Kabk
to perifh, confume, or be the worfe by ufing or keeping, (excepfrin the inftwices hereafter mentioned) for 1762. 143
the mod that can be got for the fame, by public fale, having firft: advertifei the fame at all public places u-'vO
within the county at leafl twenty days before the day of fale, in reafonable lots, and fliall, for enhancing aWeestaw, &c,
the price thereof, give fix months credit, upon good fecurity given, for v/hich fervice the fherifF fliall be
allowed by the court, lo as fudi allowance does not exceed two and a half per cent, and fuch gu.irdian,
after the time of fuch payment is pad, fliall take and purfue ail lawful ways and means to receive and re-
cover the money, upon pain of being anfwerable tor the fame ; and if the fame cannot be received before
the orphan intitted to receive facS money fliall have a right to demand it, or fuch guardian fliall be remo.; The honl as-
vcd from his gnardianfliip, he or 'as fliall and may afiign fuch bond to fuch orphan, and fuch aflignment s'i"*^*" '*'«
fhall difcharge fuch guardian for fo much againft him, her or them : and where the profits of any orphan's
efliate fhall be more than fuilicient to maintain and educate him or her, the guardian of fuch orphan fliall
lead the furplus, and all other funis of money in his hands belonging to fucii orphan, upon bond, with
good and fufficiept fecurities, to be approved of by th3 next fucceeding court, and to be repaid with in-
terefl: ; which intersft fuch guardian Ihall account for annually ; and where the perfon or perfons to whom
fuch money fliall be lent, or their fecurities, are likely to become infolvent, fuch guardian fliall ufe all .,
lawful means to enforce the payment thereof, on pain of being liable for the fame as aforefaid ; and an af- case «>f nekuai
fignment of fuch lafl mentioned bond !» either of the aforementioned cafes, fliall difcharge fuch guardian liable.
for fo much as is fpecified inrthe condition thereof,
XI. jt7id be it further enaSied, That where any orphan fliall have lands, and a fuiEctent rfumber of flaves I" wliat cases
to cultivate and improve the fame, fuch flaves, unlefs otherwife ordered by the fuperior or inferior courts, staves and stocic
fhall be employed da the lands and plantations of fuch ofphan ; and all horfes, cattle, ftieep, Or hogs, phan'slanci.
fliall be kept upon fuch lands and plantations until fuch orphan comes of age j and he or Ihe Ihall have
the benefit of the increafe, and fliall fuftaia the lofs, if any fliall happen.
XII. Provided never thelefs ^ That if any fuch fl:ock grow too numerous, or if it will be to the advantage Where the
of fuch orphan^ iiis or her guardian fliall and may fell, by order of the. fuperior or inferior court, fuch *"'^'' '* '*"' "*
part of fuch fliock as fuch court fliall think fit ^ and all plate flvali be preferved and delivered to fuelior- pi^^^ j^,. .
phan wh^n at age, in kind, according ta weight and quantity^ ^ i,i kind.
■ XIII. And be it further en^Sledy That no guardian fliall let or farm' out any land belonging to any orphan M inner of let-'
for a longer term than the orphan be of age, or in other manner than by lesfe, in writing j and that fpeci-^ ting out an or-
al care be had that the tenant fliall improve the platitation ; and that he or fhekeep the houfes, orchards P*'*'»'^ '*""•
and fences thereon, or that fliall be ere£^ed on the fame, in good and fuSicient repair, and leave the fame
to at tlie expiration of <uch leafe ^ and that provifion be made in fiich leafe for preventing all kind of wafle,
and employing any timber to any other ufe than the immediate ufe of fhe plantation.
XIV. And be it further enaSledy That if the guardian of any orphan fliall fufFer his or her lands to lapfe Obsolete, lima-
ar become forfeited for non-paymeni: of quit-rents, fuch guardian fliall be liable to anfwer the full vailue i""' "' "o <*j"'
{if the lands fo forfeited unto fuch orphan at his or her coming of age : and if it fliall fo happen that any
prphan fliall not have flaves to cultivate his or her lands, and the guardian of fuch orphan cannot rent the
fame for lufRcient to pay and difcharge the quit-rents thereof, and there lliall not be perfonal efl;ate fulfi-
pient for that purpofe, it fliall aad may be lawful for fuch guardian, with the confent and approbation of
[he fuperior or inferior court, annually, to fell or difpofe of, or life fo much of the lightwooJ, to box fo
tnany pine trees, or to fell fo much of the timber on the fame, as fhall raife fuficieiit to pay and fatisfy the
|}Uit-rents thereof, and no more.
LXV". And be it further enaSied by the authority aforefaid^ That the juftices of every inferior coufrt of pleas Orplian'scourt,
d quarter feflions in this province, refp^Stively, (hall on the firfl: day of the court that fliall beheld next
»fter the firft: day of January in every year, hold an orphan's court for tha purpofe aforefaid v and every Guardians tbj
[>eifoii heretofore appointed, or that fliall hereafter be appmnted guardian to any orphan by any court, or counts!**^*
>y deed or will as aforefaid, fliall exhibit fuch account as aforefaid, and the j unices of every court fliall,
it the fame court, examine into all accounts of guardians fo to be exhibited to them, and fliall dire£l a courts to en-
lummoas to iffue, returnable to their next court, againll all guardians who fliiU then fail to appear and quire into abu-
[•ender fueh account, whether fuch guardian be refident in the fame or any other county, and ihall tlien ses, &c.
^ifo enquire into the abufes and mifmanagemant of guardians ; and whether they, or their fecurities, are
ikely to become infolvent, and thereupon to proceed according to the power in this aft before given ; and to^atta'chment^
■f any fuch guardian fliall wilfuUy negle£t| after being fummoned as aforefaid, to appear, or obftinately for contempt. ^
144. 1762.
Courts power at
any time to en-
quire into abu-
ses.
Grand Jury to
jjresent the
names of or-
phtwis without
guardians, &c.
and abuses of
guardians.
Reasonable dis
bursements al-
lowfcd guardi-
Disbursements
to be suitable to
theorplian's
circumstances.
Who to be
bound out, Stc.
Duty of the
master oi mis-
tress.
C<-ii»-t*s pover
if apprentice is
ill used.
Manner of
biinl ngapjr n
itces.
Manner of su-
ing in case of
injury,
Remedy for se
curilies when
ttl^ely to suffer.
refufe to exhibit fuch account, It fnall and may be lawful for tKe court to xflue an attachment for fucK con- .|
tpmnr and to commi^ fuch guardian until he or (he (hall exhibit fuch account. ^ - .v M
Ivi PrTvid7Lays, That nothing herein before contained (liall be conftrued to reftram the power ;|
of Ae inferior courts of ^leas and quarter feffions in enquiring, as often as they fhall think proper, mta |
1 abufes and Management of guardians ; but that it (hall be lawful for them to execute fuch power
It any time or SneTwhen to them it fhall appear neceffary , any thing in this aa contained to the contra,
ry ^^'^'^^l^'^^f; .^^^^ ^„^^^j^ That the grand jury of every county in this province (hall, annually,
at theorphln's court to beholden for their counties, refpeftively. be ch.^ged with, and prefentt* the jul-.
ti^:I^hereorin siting, the names of all orphan children within their parifh that they (hall know have not
rardiam ap'oil^ed them, and are not bouSd out to fome trade or employment , and all ab^fes, mifma,^, |
affpments and neeleft of fuch guardians as live within their county. \
^ XVm iTbeffunher enaEted, by the authority aforefaid. That it (hall and may be lawful for every guar,
dian to charge in hi/account all reafonable diiburfements and expences j and if, upon rendering fuch ac-
count.' it n aU appear to the court that fuch guardian hath, really and bona fide, difbur fed ""ore in one
X than the profits of the orphan's eftate do amount unto, for the education and ma.ntainance of fuch j
San. fuch gCdfan fiaall be^allowed and paid for the fame out pf the profits pf fuch orphan's ,ftat. »^. .!
^""^^vtpZided always. That fuch diiburfements be, in the opinion of fuch court, fuitable to the de
gree and drrumftancesVf the eftate of fuch orphan •, and that where fuch eftate fhall be of fo fmall value .
fhat no perfon will educate and maintain him or her for the profits thereof, fuch orphan fhall, by direod
tfon of tSe courZ be bound apprentice ; every male to fome tradefman, merchant, ^-^^%-J^^^^ ^^^
fon approved by the court, until he (hall attain to the age of tv^enty-one years -, and every female to font,
fSle employment, till her age of eighteen years ; and alfo, fuch court may. in like manner, bind ap,
pren^ce! all f Jee bafe born children •. and everv fuch female child being a mulatto or muflee until ftj
E attain the age of t^entyone years: And tie mafter or miftrefs of every fuch apprentice, (hall find
and provide for him or her, diet, cloaths. lodging and accommodations, fit ^"^.^f^J^rannrenticc
teach or caufe him or hex to be taught, to read and write I and at the expiration of his or her apprentice
(Jlflial pay eve^y fuch apprentice%he like allowance as isby law appointed for fervants by indenture e,
fuLn T andVn refufal. (hall be compelled thereto, in like manner ; and if upon coipp aint made to tM
nferior 'court oJpleas and quarter feffiLs. it ftiall appear that any ^?^^^^;^^ ^^^
the trade, profelfion, or employment to which he or (he was bound iftiali be lawful for f»jch courts
remove and bind him or her to fuch other pgrfon pr perfons as they (hall think ht. r^r., ^ ,«
XX And be it further enaSIed, That the binding of fuch apprentice by order of pourt as ^^or.hidj.^^
be by indenture, 4ade in the name of the prefiding aaing J uftice ot the court, and h.s f^^^.^f VS> of th^
o^e Lit and of the mafter or miftrefs to whop he or fiie (hall be bound, of the otherj whi:h indenture
Til be acknow edged or proved before (uch court, apd recorded, and axounterpart thereof fball remaj
• and be kept hi the ^clerk's ofiice for the benefit of fuch apprentice j and that any perfon or perfon, injure^
may and Lll, at his or her cofts and charges, profecte a fait thereon ip ^^^^^^.f f-,^j;:^^^^^^^^^^^^
fucceflbrs and recover all damages which he or (he may have fuftained by reafon of the breach ot the co^
vena^rtCt^^^^^^^^^^^ and^f any verdi<^ or judgrient (haD pafs fprfuch mafter or miftrefs, he o,
^'xxf 'ZTeiTtther emSed by the authority afor.f. H, That where any perfon who now is, or heread'
■ terMbXurtvCtLeftaepf^ (hall conceive himfelf in danger by reafon thereof, and
pJtiS rhe cour^^^W^^^^ 'was'ente'red into for relief, it fhall be lawful for fuch cou" JOH
Te t on to fhem exhibited, forthwith to order fummpns to iflue, ?gamft the party or parties with and fof
^whom the petitioner ftandl bound, returnablp to the next court ; =>"d hereupon to compel fuch p.rty ^
partiesto^ve (.(ficientotheror counter (ccurhics,tobeW-^^^^
?j;;7;ic^'eftate tp'the (aid pethipnpr, pr (uch olher perlbn as tl,^ ccvurt ihall ^'ij^^^ or they may, and are
hereby empowered, to make fuch other order or rule therein for the relief of the petitioner,
Proviso.
and better
fecuring fuch orphan's eflate, as to them (liall appear juft and equitable.
XXII. Provided ahvays. That fuch court (l.all take g^o^ and fufficien fecunty of he p^fon o^^
to whom fuch eftate (l>all be fo committed, in like manner, and under the like penalty, a. is by his att .
required to be taken of guardians appointed by the court-, and CA'cry , fuch perfon fliall alfo exhiba h.»
account, TLxiAhe fubjefl t6 the rilles andotders of the court, in the fame manner, to all intents TuSi pur- 1T62. 1*5
pofes, as is herein before required of guardians, or they are made labje£t unto. \,*«-v^*^
I ' XXIH. jindie it further enaffed by the authority afore/aid, That all legacies, filial portions, diftributive Legacies, &c.
I ifliares of inteftates eftateg, (um or fums of money, or other eftate, due or owing from any perfon appoint- K°^ tecovera-
j ed guardian to any orphan, or from any executors or adminiftrators, or other perfon whatfoever, fhall '
and may be recovered by petition to the fuperior courts of the di{lri<3;s, or any inferior courts of pleas
and quarter feffions, refpefit being bad to the jurifdiclion of the faid court ; and that in all fuits by petiti-
on as afbrefaid, and in the laid courts xefpeftiyely, tlie following rules and methods ftiall be obfsrvedj
:to wit.
The petitioner fhall file his petition in court, tipOn exhibiting the fame, and thereupon fnmmons (hall Rules of court ,
be iffued by the clerk of courfe ; and that upon the defendant's being ferved therewith, and with a CQpy
iOf the faid petition, he ftiaU appear and put in his anfw«ror plea, upon oatli, or demur.
' That upon an anfwer, plea, or demurrer being filed as aforefaid, the petitioner may move the court
'fto have the fame fet for hearing, and immediately argued, and thereupon the court (hall proceed to hear
and determine the fame according as the matter in equity and law fliall appear to them, without regard
: ito form, or want of form in the petition, procefs, or courfe of proceedings.
That upon the defendant's being ferved with a fummons, and a copy of the petition, ten days before
:tbe court to which fuch fummons is returnable, and oath made thereof, if he (hall fail to appear and
•plead, anfwer or demur as aforefaid, the petitioner's petition (hall be taken pro confefib, and the mat»
• ter thereof decreed accordingly, with cofts; unlefs on fpecial reafons fhewn to, and approved of by the
.'.court, time (hall be allowed fuch defendant to file fuch plaa, anfwer or demurrer.
That upon the petitioner difmiffing his petition* or the fame being difaiiffod for want of ptofecution,
he (hall pay cofts.
And if any defendant (hall appear on fuch fummons, and fhall obftinately refufe to anfwer the petl-
• .tion of the petitioner, the fame (hail be taken pro confeflb, and the matter decreed as aforefaid.
Every defendant (hall be at liberty to (wear to his anfwer or plea before any juftice.
That when a plea or demurrer (hail be ovsr-ruled, the defendant fhall file his anfwer the fame court.
That when the petitioner (hall be minded to difprove the anfwer of the defendant and fu>pport his
._ .claim, he may reply.
Commifhons to examine witnefTes may be awarded by the court after replication filed, the party taking
out fuch commilTion, giving the advcrfe party ten.days notice of the time and place of executing the
fame.
And tliat upon a decree being made on any fuch petition, it (hall and may be lawful for tlie couil
.who fhall make the fame, to grant execution againft the defendant's body, goods and chattels, lands and
• tenements, for fatisfying fuch decree and .qofts.: Any law;, ufagej orcuftom to the contrary notwithftand-
XXIV. And he it further enacted hy the authority aforefaldy That when any perfon fhall conceive himfelf in- Appeal grant'
jured or aggrieved by order or fentence of any inferior court, in appointing a guardian to any orphan, or in *°'
removing any orphan from the care and tuition of any perfon who has been appointgd fuch, or on refu-
fing to make fuch appointment or removal as aforefaid, he may appeal from fuch order or fentence to the
court of chancery of this province, or to the fuperior court of the diftrifl, at his option ; and the party
' praying fuch appeal, (hall file a copy of tlie proceedings of the inferior court therein with the clerk of
the chancery, or clerk of the fuperior court (as the cafe may be) fifteen days before the fitting of fuch
i^ourt, and thereupon it (hall and may be lawful for the court, to which fuch appeal is made, to proceed
to rehear the matter, and either affirm or reverfe fuch order or fentence, and thereupcHi to award execu-
tion for all fuch cofts and charges as (hall be occafioned by fuch appeal.
XXV. Provided neverthelefs. That the party praying fuch apped before the fame (hall be granted by Appellant to
: -the inferior court, (hall enter into bond, with fufficient fecurity, for profecuting fuch appeal with effefl ; S've bond and
and the payment of all fuch cofts and.charges as fhall be awarded againft him in cafe he fhall be caft in *^*^""v«
•his faid appeal.
XXVI. Provided nlfo^ That nothing in this aft contained (hall be conftrued to reftrain or abridge the Court of Chan'
power of the faid court of chancery, in any matter or thing relating to orphans or their eftates ; but the no^abndewi.
laid court (hall and .may hold, ufe, ^xercife and enjoy, the fame jurifdidions, powers and authorities
- Vol. I. ..vs. . JP p
146 1762. thereih, in as full and ample manner, to all inUrttiS and parpofea^ as if thi« a<9t had never betomai^ef
i,.«'-y->j any thing herein contained to the contrary notwithilanding.
CHAP- 6. An a&fhr making provifionfor an irthodox clergy.
See note, page 3Y-
CHAP. 7. An ad for the further continuing and amending ,« An aft fof appointing a militia ;" drid alfo to continue one
other Bcty entitledy »< An ■^Oc to amend and continue an a<SV, entitled, an a(3t for appointing a mi^
litia/Y"^ ^^JP-
CHAP. 8. An aFl appointing the method of dili riluting inteflatei eftates^ ttpfh)
1/66,3.1,1754,22, 2,1784,10. 1787,14.
CHAP. 9. An aB for the more eafy recovery of money due upon p'omijfory noiesy and to render fuch nttes negotiable.
WHEREAS promiflbry notes are of great utility, as v/ell to merchants as others, and there being no*
method of recovering money, fpecified in fuch notes, by any aft of Affembly in force in this pro-
vince ; For remedy whereof.
Promissory 11.5^ it therefore enaSfed by the Governor i Ciuficit and Afftrnhly and by the authority of the fame , That all ho! es-
"^"'^ b^*'^^- "** ^"^'^ hy any perfon or perfons, body politic or corporate, or by the fervant or agent of any corporatioiiy
landbilir&c, hanker, merchant or trader, who is, or {hall be ufually intruded to fign fuch promiflbry notes for them,
whereby fuch perfon or perfons , body politic or corporate, or the fervant or agent of any corporation, ban-
ker, merchant or trader, fhall promife to pay any perfon or perfons, body politic or corporate, or the fer-
vant or agent of any corporation, banker, merchant or trader, or order ; the money mentioned in fuch
note, fhall be conftrued ta be, by virtue thereof, due and payable to fuch perfon or perfons, body politic ot'
corporate, or the fervant or agent of any corporation, banker, merchant or trader, to whom thsfanit* \s
made payable } and alfo, fuch note payable to fUch perfon or perfons, body politic or corporate, or the
fervant or agent of any corporation, banker, merchant or trader, or order, may be aflignable over in like
manner as in land bills of exchange are by cuftom of merchants in England ; and the perfon or perfons,
body politic or corporate, or the fervant or agent of any corporation, banker, merchant or trader, to whom
fuch money is or fhall be payable, may maintain an aftion for the fanie,: as they might upon fuch bill of
eacchange, and the perfon or perfons, body politic or corporate, or the fervant or agent of any corporation,
banker, merchant or trader, to whom fuch note fo payable to order is affigned or indorfed, may maintain
an aftion againfl the perfon or perfonsj body politic or corporate, or the fervant or agent of any corporation ,>
banker, merchant or trader, who figned, or fliall fign fuch note, or any who (hall or have indorfed the fame
as in cafe of in land bills of exchange, and recover damages, and cofts of fuit ; and in cafe of nonfuit, or
a verdift (hall pafs againft the plaintrfF, the defendant fhall recover cofts.
jadgments al- Til. Andbc it further enacted by tin authority aforefaid^ That all judgments heretofore recovered in any courC-
'^^ .*"^f^^*'^ of law within this province, on any fuch promiflbry note or notes, ihall be good and valid, to all intents and
' purpofes, and fhall not be reverfed for any matter or eaufe relating to fuch note or notes ; and all adicns'
heretofore commenced in any of the faid courts on any promiflbry note or notes, and not already determin-
ed, Ihall be profecUted, 'carried on, and judgment thereupon had, in like manner as is direfted for the re-
covery of money due upon promiflbry notes by an a£t of parliament made in the third and fourth years c £^
the reign of her late Majefty Queen Anne, for making fuch notes negotiable.
Orders in writ* IV. And he it further enacted by the authority aforefaidf That when any perfon or perfon fhall, by order in
ing on third writing, figned by his or their proper hand, diredl the payment of any fum or (ums of money, in the hands
P*"°J^ 1°°"^ ' ^"^ poflTeflion of any other perfon or perfons, to the bearer, or any perfon or perfons whatfoever, the money
tir a«cepto» lia- therein fpecified, fhall^ by virtue thereof, be due and payable to fuch perfon or perfons to whom the fame
l)le. is drawn payable, and may be put in fuit againfl the perfon or perfons who fliaU dravir the fame, or againft
the perfon or perfons on whom the fame fhall be drawn, after acceptance thereof by him or them to whom'
the fame fhall tie made payable, and recover damages.
When protest, V. Providid never thelefs y That no perfon or perfons whatfoever, fhall profecute any fuit againft atiy per-
and notice i.e- ^^^ qj. pgrfons, who fliall give fuch order, for the money therein mentioned, before the fame fhall have,
(o) Davis, (b) Davis. — Mr. Glasgow has ceriiaed acopy from the council journal (of Nov. 7", 1766) of an entry signifying
the tepeal by ihe Kiujj's order in ccurcilof an aft, entitled, " an afl for distributing^ intestates' estates :" Which I presilme ■vi'a
intended lor the above rsentiontJ ai!>, thongh the title is inaccurately stated ; for I can lind no other to which it could refer.
• <' S»id" is the tvoi;! isi ihc original ; b«t " sam^" wfks cs«iiin!^ inEer.dcd| iwd I presume it wjj a raistinke in the transcrij^t*
Itefet been proteftedfor non acceptance, and notice given thereof to the drawer, before fuch fuit fliiU be lT62. H?
' brrought ; and if any fuit ftiall be brought on any fuch order before notice, and refufal to pay as aforefaid, i.^or^O
the plaintiff or plaintiffs (hall be non fuit, and pay cofts.
An aSl to amend ah aEI intitled" An d£t for the relief of poor debtors, as to the imprifonment of their per- chap. 10.
ions ;" ppjjed the fourteenth day of April, in the year of our Lord one thsufand feven hundred and forty -nine. R«P- ''73, 4.
See p, 85.
An actio amend and further continue an act intituled « An zSk for facilitating the navigation of port Bath, chap. II.
port Roanoke, and port Beaufort," pajfed the thirty firji day of May, one thouf and feven hundred andjifty'tvjo
for five years, exp.
An act for dividing the county of Anion, and other purpofes. CHAP. 1^
WHEREAS by reafon of the large extent of the county of Anfon, it is greatly inconvenient for the
inhabitants to attend the court of the aforefaid county, general mufters, and other public duties
by law required : . .
II. Be it therefore enaBed by the Cover nor f Council., and Ajftmbly^ arid tt is hereby enaSiedby the authority of Medclenberg
^he fame. That from and after the firft day of February, the faid county of Anfon fhall be, and is hereby ereaed.
(divided into two diftinft counties^ by a line beginning at Lord Carteret's line, fix miles North-eaft from
taptain Charles Hart's plantation on Buffelo creek, and to run from thence to the mouth of Clear creek,
l^irhich empties itfelf in Rocky river, below captain Adam Alexander's ; and from thence, due South, to
ijthe bounds of the province of South-Carolina : and that ail that part of faid county which lies to the Eaft-
kvard of faid dividing- liney fhall be a diftindl: county, and remain and be called by the name ot Anfon coun-
ty i and that all that part of the laid county lying to the Weftward of faid dividing line, fliall be, theiiee-
forth, one other diftin£l county, and called by the name of Mecklenberg.
The reniaining fections of a temporary or a private nature-, arid therefore n ot irtf rted^
Aft act to apply the money already levied oh the ia>iable inhabitahls of Currituck county, by virtue of an act, entitled ^ cHAP. 22!;,'
« An a<St to amend and improve the navigation from Currituck Inlet, through the diftridl in Curri-
tack countyj to Albemarle found;" OBs^
THE TITLES OF TriE PRIVATE ACTS.
3 Anafl for estab'ishinga tcv/n on the lands of William Her- to\vn of Hertford, and other purposes.
ritage, at a place called A tkins's banks, in Dobbs eounty, 21 > An aiS for altering t^e method of working on the roads, and
14 Ati aft for establishing a town on the lands of John aind Wit- apponting public ferries within the counties of DupHn,'
liam.Russel, minors, sons of John Kussel, deceased, oh Cuniberland, Rowati and Anson.
the west-side of the north-west branch of Gape-Fear ri- 23 AnaA for increasing the salaries of the Inspeilors of tobacco'
ver, near the mooth of Cross-Creek, by the name of Camp- at the warehouse in the town of Halifax,
bellton, and other purposes. 24 An aft to amend and further continue an a<a, entitled, " Aii
15 AnaAto laya tax on the inhabitants of the several counties afttoestabiisha public ferrv from Newby's point to Phelps's
ofthedistrift of Halifax superior court, torepair the pub- point, <»hereon the court-house now stands, on Petqui-
lic prison thereof, and other purposes. mans river."
16 An a<a to empower Thomas Bonner, jun. late sheriff, to re- 29 An aft to empbwefand dlirea the coriimissionefs of tK« dis»
ceive and colleft the arrears of taxes due in the counties of tJiils hereafter mentioned to lay out and make a road-
Beaufort ard Pitt, fot the year of one thousand seven through Regan's swamp; in Bladen county, to the caurt-
hondred and sixty. house in the said county.
if An aft to establish a pub'ic road from the court-Tiousai in 26 An aft to empower and dire<S( the commissioners of the dis*
Currituck c urtty, across the great swamp, to the bridge trifts herein mentioned to lay out and make a road fromf
on North river, near the Indian town. John Ho\Vard's ferry on Black river, through Colley's>
is An aft for destroying vermin in the county of Orange, and o« swamp to the North- West river, in Bladen county.
ther Qountits therein tnentioned. . 27 An aft to encourage Joseph How ell to build a bridge over
li> An aft to enable the comniissioneiiB of the church otEdenton Tar river, at or hear the place called Howell's ferfy, at
to discharge the contraft by them made with the work- Tarborough, ift Edgcomb county.
men employed in finishing the inside cf the said church. 28 An aft to establish a ferry from Solley 's poiiit to Re!f's point,
Sid An aft for enlarging the time allowed fur saving lots in the whereon the court-house now stands, on Pasquotank river.
Signed by ARTHUR DOBBS, Efq. Governtr.
James Hasell, Prefident^
John Ashe, SpeakeiK-
fcead t'iree times and ratified in open Aissmbly, the 11th day of December, ir6^
'
-.J^
U8 1764.
■■■■■si«««i«*«ani
••(•■■••■■I***
Arthtt*
Udbbs, Esq.
Governor.
At an ASSEMBLY, begun and held at "Wilmmgfon, the Thirtieth Day oi
January, in the Fifth Year of the Reign of our Sovereign Lord GEGRGJg
the Tfeird, by the Grace of God, of Great' Britain, France and Ireland,
King, Defender of the Faith, &c. and in the Year of our Lord One Thou.-
sand Seven Huiidred and Sixty-fbur : Bein^ t;he First SessiQjgi pf this pre.;
sent Assembly.
I
CHAP. I.
CHAP. 2.
See note p. 57,
CHAP. 3.
Byaaoa.ir84
14, I consider
all of this &(i
but the 4th and
38th seSions to
have been re-
pealed.
Penalty on per-
sons not autho-
rised, transport,
jng for pay,
within ten
niilesofafeny,
&c.
1787, 1,6.
A£ts repe^ed.
CHAP.
4-.
GHAP.
5.
CHAP.
6.
Antep
118.
^ act for appointing a miliiia. us?.
An act concerning vejiries.
An act to empotoer the inferior courts of the several counties in this province to direSJ the laying mt of public f
anrf e^ablj^ and fettle ferries ; andio appoint -where bridges fialt be built, for the ufe and eafe of the inhab\'
of this province \ and to clear navigable rivers and creeks %
IV. A ND be it further enacted. That if any perfon or perfons after the paffing dFthis a£t, not empow*
J7\_ ered to keep ferry, (hall pretend to keep any ferry^ or ,to tranfport any perfon or perfons, ok
their efFe£ls, for pay, within ten miles of any ferry (being on the fame river or water) which is already
or hereafter (hall he appointed^ fuch perfon or perfons fo pretending to keep ferry, or tranfporting an]
perfon or perfons, or their eflefts, ihall forfeit and pay the fum of twenty fhiliings, proclamation money
for every fuch offence,, to the neareft ferryman ; to be r«coveEed jjy a :1^arrai\t ^om any Juftice of th«
peace, upon full proof thereof made before him.
XVIH. And be it further enaSied by the authority aforefaid, That an'a£t, entitled, « An a<ft for empowj'
ering the feveral commiffioners herein after named to make, mend and repair, all roads, bridges, cutj
.and water-courfes, already laid put, or hereafter to be laid out in the feveral counties and diftrids her^
'in after appointed, in fuch manner as they fhail judge moft ufeful to .thepublic," paiTed at Newbern th«
itwemieth day of April, in the year of our Lord one thoufand feven hundred and forty-five ; another zQL
entitled, " An aft for eftabliftiing public roads and ferries, and for the better regulation of the fame i|.
feveral counties," paffed at Newbern the twelfth day of December, in -the year of our Lord one thoi|j|i
fand feven hundred and fifty-fix ,• and one other zEk, entitled, « An aft for altering the method of worfal
ing on the roads, and appointing public ferr-ies within the counties otf Duplin, Cumberland, Rowan aii|i
Anion," paffed at Newbern the eleventh day of December, in the year of our lord one thoufand fevef
hundred and fixty-two; and every claufe and claufes, article and articles of them, and of each and eve;
ry other a£l and ads, claufe or claufes thereof, heretofore made, within the purview of this a£t, fr.all
!be, and are hereby feverally froni henceforth repealed.
An aSl for fupprefft$ig txcejjive and deceitful gaming, exp.
An aSfor encouraging the culture of hemp ati^ff^c, md other purpofes. EXP.
An aB to amend an aff, entituled, "An a£l: for the relief of fuch perfons as have fufFered, or may fufFer, b)
' not having had their deeds and mefne conveyances proved, and regiflered within the time heretofort
appointed for fuch purpofes ; and to prevent difputes and law-fuits, concerning lands."
WHEREAS by an a£l pafled at Newbern, in the year of our Lord one thoufand feven hundred anc
fifty-four, entitled, "An zt\ for the relief of fudi perfons as have fufFered, or may fufler, by no!
ihivujg h^d their 4eeds and mefne conveyances proved and regiftered witliin tlie time heretofore appoint-
ti for fuch purpofes ; and to prevent dlfputes and law-fuJts coilCefniilg lands ; all deeds or mefnc con-
|veyances for any lands, tenements or hereditairients within this province, were to be acknowledged or pro-
•ved according to the diredlions of that a£l, and delivered to the regifters of the counties wherein they are
tefpeftively fituated, within the fpace of two years from the refpe61ive dates thereof ; and many perfons,
through ignorance of the purport of the faidlaw, haying negle(6ied to have their deeds or melne convey-
ances proved and regiftered according to the direftions of the faid aQ : for remedy whereof.
' II. Be it enaSied by the Governor^ Council and ^Jfembly, and by the authority of the fame ^ That all deeds and
niefne conveyances of lands, terements and hereditaments, not already regiftered, acknowledged, or pro-
. ■ ved, fliall and may, within eighteen months after the paffing of this adi, be acknowledged by the gran-
, I tor or grantors, his or their agents or attomies, or proved by one or more of the fubfcribing witncfies to
\ [the fame, and tendered or delivered to the regifters of the counties where fuch lands, tenements, or here -
; jditaments, are refpe£lively fituated : and all deeds and mefhe conveyances whatfoever, which fhall be ac-
: [itnowledged or proved according to the directions of this z6k : and alfo, fuch as have been heretofore re-
, I corded by the clerk, or regiftered by the regifter of any preciruS or county, wherein the lands or tene-
\ ments mentioned in the fame, lie, or are fituate, though not withm two years after the date of the refpec-
Hive conveyaaces, fliall be good and valid in law, and fhall enure and take efFeft, as fully and efFe£luaUv,
! to the ufe and behoof of the grantees, their heirs and assigns, and thofe claiming under them, as if fuch
deeds and conveyances were acknowledged, or proved and regiftered agreeable to the diredions of any
[. a£t of affembly heretofimre made.
I III. And in order to render his majefty's fubjefts m this province fecure in the peaceable and quiet en-
ijoyment, of their feveral eftates, rights, and properties, and to prevent all doubts, controverfies, and dif-
iputes, which may hereafter arife concerning the titles to any lands, tenements, or hereditaments, which
are held or claimed by, from, or under any foreign proteftant heretofore inhabiting within this province, by
ipurchafe, defcent, orotherwife : Beit further enoEledhy the authority aforefaidyThzi all foreign proteftants here-
itpfore inhabiting within this province, and dying feized of any lands, tenements, or hereditaments, fliall,
forever hereafter, be deemed, taken, and efteemed to have been naturalized, and entitled to all the rights,
j privileges, and advantages of natural born fubjeds ; and all gifts, grants, devifes, and mefne conveyances,
jin the law, heretofore made or done by any of them, or by any foreign proteftants, heretofore inhabiting,
iiand being feized of lands, tenements, and hereditaments, in this province, of any fuch lands, tenements or
f hereditaments, fhall he deemed and taken to be as valid and efFe£lual, to all intents and purpofes whatfoe-
{ ver, as if they had been made done, or executed by any of his majefty's natural born fubjefts of this province;
and th^ heirs, grantees, legatees, and feoflees of any fuch foreign proteftant, holding, claiming, and enjoy-
ing any lands, tenements p hereditaments, by, from, or under any fuch foreign proteftant, fliall have, hold»
occupy, poflefs, and enjoy, and be entitled to the fame, as fully and rightfully, as if the faid lands, tenements,
|9r her -ditameins, had defcended from, or been granted or conveyed by any of his majefty's natural born
fubje£ls of this province ; any law,cuftom, or ufage to the contrary hereof, in any-wile, notwithftanding.
IV. Provided always. That nothing in this a£l contained fliall be deemed or conftrued to extend to any
I gift, grant, devife, or other mefne conveyance, hereafter to be made or executed, by any foreign proteftant,
flow refiding or hereafter to refide within this province,
Jn aSfor the piore e^'eSluaifu^preJftn^ of felonies, and punilhmmt of counterfeiters of the paper currency of this
prtfvince and of Virginia.
Au aB to continue an aEf entituled, "An aft to make provifion for paying the chief-juftlce and attorney gen-
eral's falaries, and defraying the contingent charges of government ;" pajfedin the year of our Lord one
fhoufatid seven hundred andfifiy-ei^ht. exp.
1764-. 149
Further tim;aU
bvfed,
Foreign protss-*
tatits who died
seized of lands,
declared natu-
ralized; and en<
titled to the pri-
vilege of natu-
ral bom sub-
jects ; and ali
gifts, &c. by
them made de*
dared good.
Not to eJttend
to any gift, &c.
hereafter to be
made to such.
CHAP. 7.
Rep. byprocl»-
macion,.
CHAP. 8.
An adfor deflrsying vermin in this province, fxp.
SAnaBfor appointing of public treafurers.
An aB to continue an aB entitled, "An aft to amend and further continue an aft, entitled, an aft for fecili-
tating the navigation of port Bath, port Roanoke and port Beaufort : pafled the thirty-fiift day of May,-
one thoufandfeven hundred and fifty-two" /crj^^wflr/, exp.
Vol.1. "^ ^ q
CHAP. 9.
CHAP. 10.
Rep. 1767, 7.
CHAP, la"
150 1764-,
CHAP. 14.
Brunsw'ck e.
Part ofSt. Phi
lip's parish ad
ded to Bladen.
Bute ereiKed.
An a5i for ereBing 'part af St. Philip*s parl/fj, in Ne-p-Hano^'er ro".*ityi find the toivtrpdrt of Biadsn coi:fiiy, in*
i to a feparaie ccunty, bytle nam^of Brunfnvick county ; afiA for div'idhig the ecurtiy ofGranvrlie, and eteSlinjtfi
that part thereoj called St, John s par ij}}, into a feparati and d\'iih3 county, by the name of Bute county, -^|
WHEREAS the great extent of the refpeftive coumles of New-Hanover and Bladen, render tfctf '
attendance of the inhabitants of St. Philip's parifh in New-FIanovef county,. and th.e inhabitants of
the lower part of Bladen cdunty, to do pubHc duties in tl^ir refpeciive counties, extremely difficuii; arjd
expeiifive:
II. Be it ena&edby the Governor., Council and Ajjlmhly, and by the authority of the fame. That that partof B'a-
den county v/hich lies to the weftward of the North-weft branch of Cape-Fear river, be divided from th<i
upper part of Bladen county, by a line beginning at the upper corner of a traft of land on wliich the
plantation of John Grange is fituate, above the mouth of Beaver-dam creek, which plantation lately belong-
ed to Mr. Robert Howe, running from thence a dircfk courfe to the eaft fide of the lake on Waggamiw
river ; and from thence by a weft line to the bounds of the province, fo as to leaVe all the nihabitants on the
laid lake in Bladen county : and that the faid lower part of Bladen county, together with all that part of
New-Hanover county called St. Philip's parifti, except fo much thereof as lieth to the northweftward of
the dividing line hereby dire£ted to be run to the lake, and front thence to tlve bounds of this province..^
be. ere£led into a diftinfl county, by the name of Brunfwick county. j.!
in. And be it further enaSied by the authority aforefaid, That all that part of St. Philips parifli which lleth"
to the northweftward of the faid line, to the eaft end of the lake, and from thence to the bounds of the"
province, be annexed to and it is hereby declared to be part of Bladen county.
From the fourth to the fourteenth fcEHons^ incluftve^ altogether of d private or a temporary Mature^ and thert'j
fore not itiferted.
XV. And whereas by reafon of the large extent of th^ ctfnrity of" (jranville, it is greatly inconvenien!
for the inhabitants to attend the courts of the faid county, genetial mufters, and other public duties by la
required : Be it enafted by the authority aforefaidj'Yh.zVitom and after the tenth day of June next, the faid
county of Granviilo, ftiall be divided inta two diftin£t counties : and that all that part of the faid count;;
which is now called or known by the name of the parifh of Granville, from and after the faid tenth day q
June, ftiall be a d}ftin£b county, and remain to be called Granville county ; and that all that part of the fa;
county called and known by the name of St. John^s pafriih^ fhall, after the faid tenth day of June, be ow
other diftin£t county, called by the name of Bute county .-
Ihe remaining fe£iions altogether of a private or temporary nature, and therefore not inferted.
w
^HAP. 17. An aSi directing ihe boundary line between the counties tf Dobbs and Pitt, and appointing cemmi/fiOHers to fet l
fame run. '
"HEREAS by fa) the a£t of aflembly, entitled « An a£t fot erefting the upper partof Beaufort coun!
into a county andparifh, by the name of Pitt county, and St.Mitchael's parifti and for adjourning thi
courtfrom the court-houfe on the land of Thomas Bonner, to the court-houfe in Bath town, and other p\rf
pofes therein mentioned," no commrffioners were appointed bv the faid a£k for running the boundary line be
tween the counties of Dobbs, and Pitt : by reafon whereof the line has never been run, and the inhabitant]
within the difputed bounds refufe to give in a lift of their taxables or pay tlieir taxe* in either of the f^i
counties : for remedy whereof.
Commissioners H. Be it eHaSied by the Governor, Council, and AJfembly, and by the authority of the fame. That Mr. Rich-
dividi.""]"*^**'^ ard Cafwel!, Mr» John Simpfon, and Mr. William Wilfon, be appointed commiffioners, and they are here
ivj wg lae. empowered and required to run the faid dividing line between the counties of Dobbs and Pitt ,• fronj
Blount's ford on Little Cotentney creek, to Luke Whitels, then up the Middle Swamp to William Wilfon^
and from thence to the neareft part of Edgcomb county .' which faid lines, when run by the commiflio;itei
ers aforefaid, or any two of them, fhall be by them entered on record in the court of each of the fa,ii
counties of Dobbs and Pitt, and fhall thereafter be deemed and taken to be the dividing^lines between the
faid counties.
III. Temporary.
CHAP. 18« An aB for altering the dividing line between the counties of Sladen and Cumberland.
'HERE AS the dividing line between the counties of Bladen and Cumberland, running north-eaft
and fouth-weft, is found to be inconvenient to the inhabitants of both the faid counties ;
(a J The Word '^ ^" is not in Uw originiiI| and I >tipf.Oa« vri» omitted b/ mistjike.
w
3
it. Be it enacted by the Governor^ CgurdI, and Affemblyt end by the authrity of the famei X^at from and 1764., 151
bfter the paiTing of tiiis a6:, the dividing 3ine between the faid counties of Blnden and Cumberland ftiall '-.-v-«0
begin at the mouth of Rockfifh, and ihail run a due eaft courfe to Black river, and from the mouth of Dividing line.
Rbckfifli creek, up the faid creek to Gravely. Hill, and from thence a* due weft courfe to drowning creek j
and all the lands to the northward of the faid line fhall from henceforth be* deemed and held to be a part
of Cumberland county, and all the hnds to the* fouthward of the faid line (hall be dsemed and held to be
a part of Bladen county ; any law to the contrary notwithftanding.
Ill, jindbe it further endSied by the authority ajorejaidy That Mr. Ifaac Jones,. Mr. Farquhard Campbell, Coirm^ssioners
and Mf. Walter Gibfon, be, and are hereby appointed and authorifed commiflioners, and are hereby em- ^"^ "inning iu
powered and direfted to run the faid line between the faid counties of Bladen and Cumberland.
The remaining feclisns altogether of a private tr a temporary nature.
An aStfor annexing part of Craven county to Dobbs county. CHAP. 19 "
WHEREAS the inhabitants refiding in that part of Craven county, lying on the fouthernmoftfide of i
the fouthweft creek, and the upper branches of Trent river, labour under great hardfhips, fa-
tigue arid inconveniences, in attending the inferior courts, and other public meetings \r\. the faid county at
Newbern, where the fame are generally held and called } and as the faid inhabitants are more contiguous
to Dobbs county, where they can with greater eafe and convenience attend, and are defirous of being an-
nexed thereto. -
• II. Be it enaBed by the Governor ^ Council and Affemblys and by the authority of the fame^ That Mr. Jofeph Commissioners
Leech, Mr. Richard Cafwell, and Mr. Francis Mackilwean, be, and they are hereby appointed commiffi- ^"^ """»"£ ^'^
oners ? and they, or a majority of them, are required and dire£ted, within three months after the paffiqg '"^^'
of this aft, to ran and mark, or caufe to be run and matked, a line from the fouthweft bridge near James
Caddeli's, to Carnegy's old field on Rattle- Snake branch ; then a^direft line to William Randal's mill on
Trent river ; then to the place where Abraham Bailey lately lived .• and from thence fouth to the bounds
of Onflow county ; and that all that part of Craven County lying to the weft ward of thofe lines be annex-
ed to Dobbs county ; and the inhabitants thereof fhall be liable and fubjeft to the fame duties, taxes and
impofitions, and entitled to the fame privileges, benefits, and advantages, as the other inhabitants of the
faid county of Dobbsi
III. Private and temporary.
_IV. And be it further enaBed by the authority aforefaid^ "That all and every aft and a£ls of Aflembly of Repealltigf
:hi8 province, and each and every claufe and article thereof, fo far as relates to any matter or thing within '^'*"^'
,he purview of this aft, is and are hereby repealed and made void, to all intents and purpofes, as if the
[ame had never been made.
THE TITLES OF fliE PRIVAtE ACTS.
[1 An aa Tot erefling in the town oF Halifax a public gaol, and jcHfe in the said county tat the several v«ars the^rfh hitm
gaoler's house, for the distria of Halifax, m this pro- tioned. ^ """*
n A ^'J'?* 1 • u -^v 1.- i. .. , ^^ ^** *^ ^°' ascei-taining a proper place for building thereat a
2 An aa for laying a tax on the ihhsbitants of the several Coun. coUrt-house, clerk's office, prison and stocks for the coun
ties of the district of Salisbury superior tourt< to repair ty of Edgcomb. '
th^ public jail thereof. 20 An «a for the building a house for a school, and the residence
15 An aa to empower the sheriff of the county of Orange for «f a school-master, in the town of Newbern
the time being, to coiled and apply the arrears of the ta:tes. *
Signed by ARTHUR DOBBS, Efq. Governor^
James Murray, Prefident,
John Ashe, Speaker.
j JRead three times and ratified in open Assembly, the 9th day of March, 1764.
' 5 Not in tht original^
1522,1764..
Arthur
DoBBS, Esq.
Governo*.
At an ASSEMBLY, begun and held at Wilmington, the Thirtieth Day of
January, in tb.e Fifth Year of the Keign of our Sovereign Lord GEORGE
the Third, by the Grace of God, of Great-Britian, France and Ireland,
King, Defender of the Faith, &c. and from thence continued, by Proroga-i
tion, to the Twenty-fifth Day of Oaober, in the Year of our Lord One
Thousand Seven Hundred and Sixty-four : Being the Second Session of
this present Assembly.
CHAP. 1. An <tB to amend and continue an oB, entttkd. An aft for dividing this province Into five feveral diftrifts,
and for eftablifhing a fuperior couit of juftice in each of the faid diftrifts, and regulating the proceed-
ings therein. EXP.
C^JAP. 2, . J„ aa to amend and continue an act, entitled. An aa to eftablifh inferior courts of pleas and quarter feflioni
in the feveral coyntie? in this province, exp.
CHAP, 3. Jin act for continuing and amending an act, entitled, an aft direaing the method of appointing jurymen in all
Seep. 77, note raufes. Criminal and civil, exp.
©nch. 8. • . \'
CHAP. *, An aafor rendering more effictual the laws making lands and other rtalejlates Uable to the payment,
Kep. by procUr of d&btSt
j^ actio prtvmt the exportation o/unmerekantabUcomtflodities. exb.
niatioM.
CflAP.
5,
CHAP,
6.
Rep. 2,1777,18,
CHAP.
8.
Al
act Ferugulat'ng the pilotage ofC<ipe-Feir river, and other pur pofes.
SeAions of an.
»<R repealtcl^
An act to amend on act therein mentioned, concern ng fnvants ov.djlavn.
WHEREAS by the fourth, fifth, and fixth feftions t>f an aft pf Affembly gf t»us proymce, pafTe^;.
in the vear of our lord one thoufand feveij hundi'ed and fiftyeighi, eutuled, AnaddUtomUct t^s
an act, entitled. An aft conc^jning fervan^s and flaves, it .U eA?aed, that np male flave ft,alj, for the firll .
ofF^nce, be condemned to'^eath, unlefs for murder or rape, tut for every oth^r capital crj me (hall, for th^S
M offence Mf'caftration, and that the court hying fuchflayeM /,a, /•«.,'
^11. Be it enaaedbythe o6vernor. Council, and Aff.mUy, and tt ts hereby enacted by the authortty of the/am^,
That the faid fourth, fifth, and fixth fedions of the aforefaid aft, be, and are hereby repealed and mad«-
void. - ■■'
III. Rep. by actf Ijloy. 18, 1786, Ch. 17,
CjHAP. 9
]Provided for by subsequent afls
CHAP. H.
An act to prevent huntin0r, wd killing *«", in the fanner therein mentioned.
Dividing line.
An act for altering the boundary liffe between (he (ountm. of Northampton andHertord.
WHEREAS by the ad of Aflembly for eftabliflung the county of Hertford, .t hath by expener
been found not fo convenient for fame of tl;e lower inhabitants of Northampton county as «
bv the faid aft intended : for remedy whereof, , •. r .i /- Ti,.>f fr^m ai
^I Be it enaBed by the Governor, Ccu.cU, and Affembly, and by the authority '>fpf^^ 3 NoTamV
after the f^rft day of March next, the dividing line between the faid coumies of Hert/ord and NortliamF"
on (hall be altered as followett, to wit, beginning on Kirby'e creek, wliere the dividing line joins the faid 2,1784. 153
reek, running thence up the creek to the fork thereof ; then up Turkejr creek to Maple fork ; thence by (.^^v^^ ^
dire^ fouth courfe till it interfefts the prefent dividing line.
' III. And be it further emiEled by the authority aforefatd. That Jofeph Sikes, William Murphey, and Ben- Commissionerj
imin Wynns, or the majority of them, are hereby appointed commilUoaers to run the faid line-; which f«^"«>^"ng »'
hall be done at the proper coft and charges of the county of Hertford.
' IV. Altegethtr of a private nature..
THE TITLES OF THE PRIVATE ACTS.
1' An adl for j-egulat"ng proceedings in the court held for the
1 borough of Wikrtington.
1:0 An aft for enlarging the time for saving lots in the tcrwn of
Halifax, and other purposes.
.1 An an a<a to encourage and empower William Dry to make a
pjblic road through .the gteat island apposite to the bo-
rough of Wilmington.
t2 An a<l to confirm the vestry already chosen for the parish of
St, J«hn, in t^e county of Bute i and to enable the free-
holders of the parishes within the counties of Pasquotank,
Anson and Currituck, to eledl vestries.
13 An aft to prevent the unreasonable destruiflion of fish in the
rivers Meherrin, Peedee and Catawba.
15 AnaS to continue an aft theiein mentioned.
16 Aa aA fer therelief of Abraham Jones, esq. former sheriS'of
Edgcomb county,
17 An aft to enerease the salary of theiVeverend Thomas Burges,
minister of Edgcomb parish, in the county of Halifax.
Signed by ARTHUR DOBBS, Efq. Governor, \
James Murray, Prefident,
John AsHE,|5/>wlfr;
Read t^ute timet and ratified in span Assembly, the 71^ day of Novetriberjx^7'64|
VojL.!.
Er
154 1765.
4<n>w-i*.i-ii>vn>vJ)'i)i'i»H,W.i" »i»iii iimi
mittbataatm
sf
William At an ASSEMBLY, bcgun and held at Wilmington, the Third Day of Fe*om
Tryon, Esq. ' O _ o 7 /
Lieutenant Go-
vernor.
ary, in the Fourth Year of the Keign of our Sovereign Lord GLORGE
the Third, by the Grace of God, of Great*Britain, France and Ireland-
King, Defender of the Faith, &cc. and in the Year of our Lord One Thou'
sand Seven Hundred and Sixty-four ; and from thence continued, by st»
veral Prorogations, to the Third Day of May, in the Fifth Year of thf
Reign of our said Sovereign Lord GEORGE the Third, he. and in tht
Year of our Lord One Thousand Seven Hundred and Sixty-five ; to ht
then held at Newbern ; Being the Third Session of this present Assefl|j
bly.
CHAP. 1.
See note, p. 57.
Aft aB for (stailishing an orihodox chfgy^
THE TITLES OF THE PRIVATE ACTS.
2 An afl for opening and cutting two roads from tVie Ferry on 4 An a^ to empower the sheriff of Orange county to co'le^a»iS
the Northwest river, opposite Eagle's island, in Brun* of one shilling and sixpence, proclamation money, laid oi
swick county, and other purposes the taxable persons in the said county, by an afl ci' n;
3 An aa eonfirmiiig the title of William Dry, esq. to certain sembly of ihis province, passed in the fourth year of th)
lands therein mentioned. reign of his present majesty.
Signed by WILLIAM TRYON, Efq. GoverMr^
James Hasell, Prtlident,
JoHH Ashe, SptaitA
^ Read three tiiB«s and ratifitd in tftn Assembly, the llth day of May, »nno dom. 1765".
].766. 155
At an ASSEMBLY, begun and held at Newbern, the Third Day of Novem. ^'i-^am
ber, hi the Seventh Year of the Reign of our Sovereign Lord, G£ORGK Gc^rl'or^^^'
the Third, by the Grace of God, of Great-Britain, France and Ireland
King, Defender of the Faith, he. and in the Year of our Lord One Thou-
sand Seven Hundred and Sixty-six : Being the First Session of this present
Assembly.
jitt aSifor oppoint'tng a public trtofurcr in the room of John Starhey, Efq. decea/td. thap. 1.
R^. 1767, 7.
An aB for ireSiing h eonH)enient building within the town of Ntwbertt, Jor the reftdence of the Gtvermr or com- chap. 2.
mander in chief for the time being.
] ^iTTHEREAS it is necetfary that a convenient edifice, for the refidence of the Governot or comnian-
'W der in chief for the time being within this province, be erefted :
II. Be itthtrefore endBedby the Governor f Cotiticily and Affembly^ and by the authority oj the fame. That his Governor em-
Excellency William Tryon, Efq. Governor and commander in chief in and over this his majefty's pro- Powered to pur.
Vince of North-Carolinaj be, and 18 hereby authorifed and empowered to pirchafe any number of lots of buMancditke.
land, not exceeding twelve, lying within the limits and boundaries of the town of Newbern, in any part
of the faid town he (hall think moft proper and convenient ; and to take and receive one or more deed
tst deeds, fufficient in law fot the conveying the fame to himfelf and his fucceflbra, Governors and com-
(nanders in chief of this province ; and upon fuch conveyance and conveyances, his Excellency the Go-
ternor is hereby requefted and empowered, as foon a?, may be, to contract and agree with proper per-
liRls for defigning, ereding^ and completely finiftiing a good dwelling-houfe, with all neceflary offices,
for the ufe of himfelf, and his fucceflbrs. Governors and commanders in chief, in and over this province ;
»nd that the planning, defigiling, building, and finifhing the faid edifice and offices, fliail be under the
fole direftion and management of his Excellency the Governor, or fuch perion br perfons as he {hall ap-
Jjoint, till the fame is Completely built and finiftied : And the faid lots of land, with the houfes, build-
ings, and other edifices thereon to be erected, fhall, and is hereby direfted to be for the ufe of his Ex-
tellency the Govemor, and his fucceflbrs j Governors and commanders in chief in and over this province,
fbrever.
' III. And it it further thaUed by the aiUhority aforefaidy That his Excelleiicy the Governor, as often as he Empowered to
Ihall have occafion of money for the purpofes aforefaid, may, and is hereby authorifed to iffue his war- ^^^' ^<^-
Irant to one orbbth of the treafurers of this province, requiring him or them to pay fo much money as he
fliall have ocCafioh for, not exceeding the fum of five thoufand pounds, proclamation money 5 which the
iaid treafurers are hereby required to pay to his Excellency the Governor, upon his warrant, out of the
iacmey apptopriate^ by aift of Aflembly for erefting of public fchools, and purchafing glebes.
IV. And for rejAacing the faid fum of fivfe thoufand pounds into the hands ef~tlie treafurers of this Tax laid,
j^nivmce by the time appointed for the finkitig of the fame; Be it enacted by the Governor, Council^ and jtf^
fembly, and by the authority bfthefantei That ah annual poll tax of eight pence, proclamation money, be
4bvied bn each taxable perfon in this proviiicte, for and during the term of two years, from and after the
firfl day of January next } to be colle£ted by the IherifFof each refpeiftive county, on or before the firft
^y of March in each year/ And that all and every perfon neglecting to pay the faid tax at the faid firft day
tof Match, fliall be liable to fuch diftrefs, to be made by the fheriff, as for non-payment of other taxes {
«hd the flieriflF of each refpeiftive county fliall, oh or before the tenth day of June, yearly, pay into the
hands<^of the public treafuret of the diftridt, all fuch fums df ttioney as each and every one of them ihall
fcave received in virtue of this zQt, under the fame regulations and dirediions, and like finej ^nd pen-
alties, as are directed and infilled in other adts for coUefting of public taxes,
Additional du
1 5$ 1 "166. V.' JtiJ he it funhef enadei hj the authority a fofifal J, Thit an additional duty of two pen^e, proclamatiwi
money, be paid for everf gallon of wine, ram, and diililled liquors, imported into this jiirovince, either
by land or water, from any port or place whatfoerer (Great-Britain excepted) after the firft day o€
January next, for and during the term of two years next enfuing ; which faid additional duty {hall be
collefted by the fame olHcers, and accounted for in the faime manner, and under the fame regulations,
as other duties on wine, rum, and diftilled liquors imported into this province, are direfted^ and paid
into the hands of the treafurers, towards raifing the faid fum of five thouland pounds for the ufes and
purpofes.as in tliis a£l direfled.
CHAP. 3.
1, 1-S4 22.
% 1,-84, 10.
1787, 14.
Intestates es-
tates how dis-
tr.butcd.
Repealing
clause.
Ante, p. 12.
Aft aSl appointing the methad of diftributin^ intejlates tjiates.
I, yrylL it enaBed hy the Governor y Council^ and AJJemhljy and by the authority ofthefamey That all and
13 every perfon or perfons to whom adminiftration on the eftate of any perfon decaafed ftiaW here*
after be granted, (hall diftribute thefurplus of fueh eftate in manner foll®wing ; that is to fay, one third
part of the faid furplus to the wife of the inteftate, and all the reft by equal portions, to and amongft
the children of fuch perfon dying inteftate, and fuch perfons as legally reprefent fuch children, in cafe
any of the faid children be then dead, other than fuch child or children (not being heir at law) who fliail
have any eftate by the fettlement of the inteftate, or (hall be advanced by the inteftate in his lifetime, by
portion or portions, equal to the (hare which (hall by fuch diftribution be allotted to the other children to
whom fuch diftribution is to be made : And in cafe any child, other than the heir at law, who (hail
have any eftate by fettlement from the faid inteftate, or (hall be advanced by the faid inteftate in his life-
time, by portions not equal to the (hare which (hall be due to the other children by fuch diftributions
as aforefaid, then fo much of the furplus of the eftate of fuch inteftate to be diftributed to fuch child or
children as (hall have any land by fettlement from, the inteftate, or were advanced in the life-time of
the inteftate, as (hall make the eftate of all the faid children to be equal, as near as can be eftimated ;
but the heir at law, notwithftanding any land that he (hall have by defcent, or otherwife, from the in-
teftate, is to have an equal part in the diftribution with the reft of the children, without any confidera-
tion of the value of the land which he hath by defcent, or otherwife, from the inteftate : And in cafe
there (hould be no children, nor any legal reprefentatives of them, then one moiety of the faid eftate tp
be allotted to the wife of the inteftate •, the refidue of the faid eftate to be diftributed equally to every of
the next of kin of the inteftate who are in equal degree and to thofe who legally reprefent them : Pfft-
videdy That there be no reprefentatives admitted amongft collaterals after brothers and fifters children.
And in cafe there be no wife, then all the faid eftate to be diftributed equally to and amongft the children ;
and in cafe there be no child, then to the next of kindred, in equal degree, of, or unto the inteftate, and
their legal reprefentatives as aforefaid, and in no other manner whatfoever. And if after the^^death of
the father, any of his children (hall die inteftate, without wife or children, in the lifetinie of the mother,
every brother and fifter, and the reprefentative of them, fliall hjve an equal (hare with the .mother of thf
eftate of the child or children fo dying inteftate.
II. And be further eniBed by the authority aforefaid. That fo much of an a£t of Aflembly, entitledi " An
a£l concerning proving wills, and granting letters of adminiftration, and to prevent frauds in the man-
agement of inteftates eftates," as is within the purview of this a6t, if hereby repealed and mad^
void. ' ' .
CHAP. 4-.
Ante p. 118.
An a(t for the relief of fuch perfons as have fuffered, or mayfuffer, hy not hav-ng had their deeds and mefm
conveyances proved and regiffered ivithin the time heretofore appointed for fuch purpofes.
WHEREAS by anadt paflTed at Newbern, in the year pf our Lord one thoufand feven hundred and
fifty-four, entitled, « An ad for the relief of fuch perfons as have fuffered, or may fufter, by
not having had their deeds and mefne conveyances regiftered and proved within the time heretofore ap-
pointed for fuch purpofes ; and to prevent difputes and law fuits concerning lands •," all deeds or mefne
conveyances for any lands, tenements, or hereditaments within this province, were to be acknowledged
or proved according to the dire£l:ions of that aft, and delivered to the regiiter of the counties wherein
they are refpeftively fituated, within the fpace of two years from the refpeft ive dates thereof ; and ma-
ny perfons, through ignorance of the purport of the faid law, or other caufes, have neglefted to have
their deeds and mefne conveyances proved and regiftered acccording to the diredWons of the faid a£t ,•
For remedy whereof,
11. Be It enacted by the Govermr^ Cmncilt and Afemhly, am! by theanthortiyofthejame, That all deeds 1766. 157
and mefne ponveyances of lands, tenements and hereditaments, not already regiftered, acknowledged, (.^orO
or proved, Aall and may, within eighteen months after the paffing this aQ, be ;ir:knowledged, by the Farther time
grantor or grantors, Jus or their agents or attornies, or proved by one or more v,i die fubfcriblng wit- *''''^"^'^"
neflesto the fame, and tendered or delivered \o the regiflers of the counties where fuch lands, tene-
ttients, or hereditaments, are refpe<flively fituated : And all deads and mefne conveyances whatfoever,
which fhall be acknowledged or proved according to tl>e diretflions of this aft, and alfo, fuch as have
hfen heretofore proved or recorded by tjie clerk, and regiftered by the regilter of any county, wherein Deeds a'ready
the lands and tn-nements mentioned in the fame lie or are filuate, though not within two years after the '*'^°^''^^f/'^'?i'!f'
^ate of the refpeftive conveyance, ihall be good and valid in law, and ftiall enure and take effect, as ful- ' * *
ly and efiedtually, to the ufe and behoof of the grantees, their heice and affigns, and thofe claiming un-
^r them, as if fuch deeds and conveyance^.'were acknowledged, or proved and regiftered agreeable to
the direftion of any a£t of Affembly heretofore made.
y^« actjer reviving and re'Cnacting thefeveral acts of AJfemhly relating to the infpectign of tobacco. cn ap. 5.
* Rep. 1767, 9. ;
An a5f ts amend and continue an act, entitledy An a£t for appointing a militia, exp. chap. 6.
An aSi to amend an a8, entitled. An a£t for rendering more efFeftual the laws making lands, and other real chap. 7.
eftates, liable to the payment of debts, exp.
An ail for facilitating the navigation of port Bath, port Roanoke, and port Beaufort. chap. 8.
nep. 2,177r,l».
An aE} to amend an aSi, entitled^ Ail aft concerning marriages, chap. 9.
WH-EREAS by an aft, entitled. An aft concerning marriages, it is enafted, that no minifter, or '^"^«> p-45.
juftice of the peace, fhall celebrate the rites of matrimony between any perfons, or join them to-
gether as man and wife, without licence, or certificate of publication, as mentioned in the faid aft : and
whereas the preibyterian, or -dilTentijig clergy, conceiving themfelves not included in the reitriction of
minifteis mentioned in that aft, have joined many perfons together in holy matrimony, without either li-
cence or publication ; whereby the payment of the juft and legal fees to the governor on fuch occafions,
' s been eluded, and the validity of marriages may be endangered :
II. Pe it (nacted by the Governor, Council, and AJprnb/y, and by the authority ofthsjame. That aM marri- Marriages by
ages that have been, or fliall be folemnized, before the firfl day of January next, by any of the diflenting '^'ssentmg cler-
Of prefljyterian clprgy, iti their accuflomed manner, fhall he, and are hereby declared to be as valid, le- S^"'^"'"*'*' '
gal, and efleftual, to all intents and purpoCes, as if perform.ed by any minifter of the church of England,
u;ider a licence taken and granted according to the direftions of the aforefaid aft.
III. And he it further fvacted by the authority aforefaid. That from and after the firft day of Januarv next, Penalty for
no minifter of the church , of England, or any juftice of the peace within this province, fhall, under the "''a'''') '"? "W'l-
penalty of fifty pounds, proclamation money, for every violation of this aft, perform, celebrate, or fo- cence.
lemnize any marriage, cr the rites of matrimony, between any perfons whatfoever, or join them toge- 1778, 7.
ther as man and wife, without certificate of thrice publication of the banns, according to the direftions
of the faid aft ; or licence fiift had and obtained, under the hand and feal of the governor or commander
in chief for the time being ; who is hereby authorifed to grant the fame, on certificate from the clerk of
the county court, of his haying taken and filed in his ofEce, the ufual bond, in the penalty of fifty
pounds, proclamation money ; with condition that there is no lawful caufe to obftruft the marriage for
vhich fuch licence is defired.
.IV. Rdattng to the manner of procuring a licence, in cafes where the ^cvernor omitted to fupply the
clwks with blanks s uhichjedion a as repealed by ad. Die. 1770, Ch. '2S : but the fubjeQ is now im.'
material.
V. Providing for the governor a fee, which is not now due.
VL Provided for h ad, April HIS, Ch. 7.
VII. And be it further enaSled by the authority aforefaid, That from and after the firft day of January next, ^>'«sl'yterlan
tliat it fhall arid- may te lawful for any prefby terian minifter, regularly called to any congregation in this traf/ thorite'
Vol. I. - • ■ S &
158 1766, provinccj to celebrate the rites of mattrimony between perfons, and join them together as man and wife,
■ in their ufual and accnftomed manner; under the fame regulations and reflrlctions, as any lawful ma-
giftrate in this province' might celebrate and folemnize the fame.
VIII. Prsvided alivays^ That all fuch marriages fo folemnized by any prefbyterian minifter as aforefa:d,
fliall be under a licence, firft had and obtained from the governor, or commander in chief for the time
be:ng, or by licence in fuch manner as direfted by this act j and that ali marriages folemnized as aforc-
faid, without fuch licence firft had, fliall be, and are hereby declared illegal and void.
Penalty for ^ IX. And he it further enaSed, That any prefbyterian minilter, falemnizing the rites of matrimony as a-
wise?'"^"''^'" forefaid, without fuch licence firft had, fiial!, for every fuch o5eiice, forfeit and pay the iv.m of fifty
pounds.
7 Ins section, 1 X. Provided always, That the minifter of the church of £qdkmd, ferving the cure of any parirti, (hall
ziiini, ts novi re- ' .i . ^ , -. . - .. . .... ._ riHL .. ° . - .'.r '
/eZ'e'J.^"'^'"''^' ^^^^ *^^ benefit of the fee for all marriages in the faid parifh,'^he do not refufe to do thefervice there-
Comt.^Si: of, although any other perfon performed the marriage ceremony.
XI. Providing a method to compel an account cj the governor s Uc, none oj which are now due.
Fines how re- XII. And he it further enatled by the authority aforefaid. That the feveral fines and forfeitures by this a£t
an^^' **"* iiiflifted, for which no method of recovery or application is herein before diredled, ftiall and Inay be reco-
vered by a£lion of debt, with cofts, before any jurifdiclion having cognizance thereof; one halt to die
ufe of the proiecutor, and the other half to the parifh wherein fuch penalty fliall be incurred ; to be ap-
plied by the churchwardens towards leflening the parifti tax.
Kepealing XIII. And be it further ena^ed by the authority aforefaidy that fo much of the before recited aft, as re-
*^* lates to the granting or obtaining a licence, taking the bond, or making certificate contrary to, or in any
other manner than direfted by this ait, fhall, from and after the firft day of January next, be repealed,
and made null and void.
CH/p. 10. An dfl far a further allowance of commiffions tojhtrijfj, and cclkHors of taxes, and other pur pofci^,,
Allofthisaca themn m^ntiomd. ^ A
rep- byaflDec. 1767,6, except the last seflion, which is of a private nature. •«!
CHAP. 11. An a£i to lay a tax on pedlars, and other itimrant traders, coming into this province, exp.
CHIP. 12. An act to amend an aEt, entitled, An aft to prevent the exportation of unmerchantable commodities.
The a<a amended ET'ied. Seepage 152.
CHAP. 13. An act for appointing a printer to this province, exp.
CHAP. 14. An aSI to prevent the inhabitants of South-Carolina driving their Hocks tf cattle from thence to range attd feed in
Ante, p 20,35. this province, and Other purpofes.
Vd, 2 77. "VTT ^HEREAS of late years many of the inhabitants of South-Carolina have made it a praftice to fix
W cowpens, and fettle people with large ftocks of cattle (though they are not owners of any land)
in this province, which deftroys the range, and greatly injures the poor inhabitants of feveral of the coun-
ties bordering on South-Carolina :
Persons not in-< IT. Be it therefore enaBed by the Governor , Council and AJetnhly, andby the authority of the fame, That from and ,
***^'ed"fro^"' ^^^^^ ^^^ pafling of this aft, it fliall not be lawful for any perfon.who is not an inhabitant of this province, to
ranging stock, ^^ ^"7 cowpen, or fettle or range any ftock or number of cattle in this province ; nor fliall any inhabitant
£ic. on any account whatever, take charge of, or receive under his or her care or cuftody, in order to range or
J- , raife ftock, from any number of cattle belonging to an inhabitant of any other province, or wherein a re-
charge of cattle f'dent of any other province hath any ftiare or intereft, unlefs fuch owner or keeper fliall be legally poflefled,
cfnon- residents in hIs or her own right, of a fufficient quantity of land for feeding the faid cattle on, allowing one hundred
unless the own- g^res of land for every ten head of cattle ; and that the owner or keeper of fuch cattle fliall record in the
Tcett'^ain^pro*" inferior court of the county where he or flie intends to range cattle, the number of acres he or ftie is legally
portion of land. pofleiTed of, and whether it is by patent, will, deed, or otherwife, with the date of fuch patent, will, deed,
Land to be re- Or Other inftrument ; and on any trial for a breach of this law, fuch record fliall be deemed good evidence
corded. againft the owner or keeper of cattle, as to the number of acres fuch perfon poflefles : and if any perfon
2'cnftlty. contrary to this aft fliall prefume to range, or keep a larger number of fuch cattle than ten head to every
hundred acres of land he, ftie, or they, fliall be legally pofleflTed of as aforelaid, and fo in proportion j ftU
e cattle exceeding that proportion fhaH be forfeited and fold by the (herifF of the county wherein the 1766. 159
id cattle were ranged or kept, on legal proofmade to the inferior court of the fame county, by any free- v^.*'-*-*..'
jlder thereof ; the faid freeholder giving the owner or keeper of the faid cattle five days previous notice,
lat at the next inferior court to be held foi the faid county, he intends to lodge a complaint againft fuch
srfon, for ranging or keeping a greater number of cattle than he is by lavi^ entitled to range or keep in tlie
lid county ; and on proof of fervice of the faid notice perfonally, or by having a copy of the fame left at
le place of fuch perfon's refidence, the faid inferior court (hall, without delay, proceed to hear tiie com-
iaitit in a fummary way, without the folemnity of a jury, and determine according to evidence, and the
ghtof the matter before them : and if judgment pafs for the complainant, the clerk fliall forthwith iffue
I order to the Sheriff for the fale of all fuch cattle, agreeable to the judgment ; which fterifF fhall, with-
it delay, either by himfelf or deputy, execute the command of the faid order, and return the money to
ie next court ; one third part thereof to be paid to the complainant, one third part thereof to be paid to the
iiurchwardens of the pariih, for the ufe of the poor, (being parifliioners) and the remaining third part to
i paid to the former owner of the cattle, if called for within twelve months, otherwife to be applied to-
tarda the contingent charges of the county.
III. And be it further enacted by the authority aforejaid^ That any perfon now having the care of any ftock persons havinf
rnuihberof cattle, the property of an inhabitant of any other province, or wherein an inhabitant of any thecareofn^re
Jher province hath any Ihare Or' intgreft, exceeding ten head of cattle to every hundred acres of land fuch ^g jfi^^^s^olj^!
ivner or keeper fliall be poiTeffed of as aforefaid \ the perfon in whofe care the faid cattle are, (hall within mo^g theover"
ft months next after the paffing of this aft, remove, or caufe the faid overplus cattle to be removed out plus.
: the faid county ; under the penalty of forfeiting the fame, by judgment of the inferior court of the
^unty ; under the fame rules and regulations aforefaid.
IV. And whereas much lofs or damage has often enfued to the inhabitants of this province, from dif- certificate ne-
(mpered cattle being drove through the fame .- for remedy whereof. Be it enaEied by the authority afore- cessary to emi-
idf That from and after the paflipg of this adl, no perfon or perfons whatever, fliall drive any cattle into ''e a person to
us province, or from one county to another, without having with him or them a certificate or certificates, ^^Jl^^ provfnce"
nder the hand and feal of a Jultice or Juftices of the Peace of the county where the cattle were feverally o, f,om one
id refpediively purchafed or brought ,• fetting forth, that oath had been duly made by the refpeflive county to an-
wners, that fuch cattle, at the time of the purchafe or removal, were found, and free from ahy diltcmper °'^*'"'
r infeftion ; and that no diftemper or infeftion were known to be among cattle at that time witliin five
(iles from the place whence they came ; and fliall likewife mention the mark and brands of the faid
kttle.
V. And he it further enaBed, That every perfon or perfons who fliall, after the pafling ©f this a£t, drive Penalty,
[ly cattle into this province, or from one county to another within the fame, without fuch certificate or
srtificates as aforefaid, fliall forfeit and pay for every fteer, bull, cow, calf, or heifer, refpe<flively, for
^hich he fliall have no certificate, the fum of forty fliillings ; to be recovered by a warrant before any
uftice of the Peace of the county where fuch cattle fliall then be, and be levied on the body, goods and
battels of the delinquent or deHnquents, for the ufe Of the county : and every perfon driving cattle as a-
^refaid, is hereby required and directed to produce a certificate or certificgt^es as aforefaid at the requeft
f any perfon, a refident in the county wherein fuch cattle are ; and upon his refufal fo to do, on complaint
jiereof made to any Juftice of the Peace in the faid county, fuch Juftice is hereby empowered and dire£ted
i) ifiiie a warrant to bring fuch drover or drovers before him ; who, for every fuch refufal, fliall forfeit and
^y the fum of twenty fliillings ; and till the fame is paid, the faid Juftice fhall commit the offender to the
aolof the county, or iffue an execution againft his goods and chattels, as fuch Juftice thinks, moft expe-
rt ; which forfeiture fliall be applied to the ufe of the county, and accounted for at the next inferior
burt.
VI. ^nd be it further enaSIedy That in cafe any cattle hereafter fliall be fufpeftedto have any diftemper, Distemper a-
ny two Juftices of the peace, and one freeholder, are hereby impowered and dire£l:ed, to enquire into mong cattle,
he fame ; and on due proof thereof made, fliall make fuch order therein, as may beft tend to prevent the
ifeftion fpreading.
An aSt tt continut att aSliniitied « An aft to fupprefs exceflive and deceitful gaming* exp. CHAP. 1 5.
160 1766. CHAP. 17. An aB Jor further eonlinu'ingan a^ entitled** An acT: for the reftraiot of vagrants, and for raak"
' ^^ ' ing provifion for the poor, and other purpofes. exp.
c H AP, 1 8. An aS} to prevent hunting for, and killing deer^ in the manner therein mentioned.
Proviued for by subsequent aA(.
CHAP. 21. An aEl to prevent thi unreafonab le de(lruction oj fjli in Neufe river. Tar river, Fijhing creek. Rocky ^
river, the Jouth fork of Catawba river, the fotthjork of the Yadkin rwcr, and Colentney cteek. exp,
CHAP. 23. An act to amend an act entitled " An adl for rezulating the pUota^e of Cape-Fear river, and for other pur- ^
CHAP. 25. An act Jor joining the nav'gation of Old Topfa.il Inlet te Niufs river, by cutting a navigable canal frorni
tile head of Harlow's creek to Clukjoot's creek, ocs.
GHAP. 27, An net for afcertaining the boundary lines between the counties af New-Hanover, and Duplin. I
WHEREAS difputes daily arife between the inhabitants of New-Hanover and Duplin, by reafon ©f 1
the boundary Hne not being fufficiently afcertained : ';. «
Commissioners II. Be it therefore enacted by the Governor y Council and AJfembly and by the authority of the fame. That the ho- 1
»unning*Uie°di- "O'^^ble John Sampfon, Efq. John Aflie, Felix Kennon, and Alexander Lillington, Efquires, are hereby |
dividing line, appointed commiffioners for running out the dividing jine between the faid counties of Duplin and Newr^
Hanover } which faid commiffiOners, or any three of them, {hall meet on fome time within fix months af- ^
ter the paffing of this aft, and fliall run and lay off the boundaries between xh» faid counties, in the foU \
lowing manner, to -wit ,'^£\\zt Reckfifli creek (hall be the boundary, from the mouth thereof to where Doc-fl
tor's creek branches from the fame i then up Dodlor's creek one mile above the houfe of Mr. George!
Maires ; thence running a direft line to the corner made by Arthur M'Coy, on South riyer ; and the faid f
line vi'hen run, fliall forever after be deemed the boundary line bety'en the faid counties of New-Hanover '•
a'nd Duplin, i .
III. Temporary.
IV. Altogether of a private nature.
I'HE TITLES OF THE PRIVATE ACTS.
lo An ;i<5 to amend an afl, ei. titled, " An aiS for esiablisliing a
town on the-l:ind formerly granted to Wiiliam Chyyton,
gen'leman, lying on the north s')dc oftije Enoe river, in
thfcouniy of Orange."
19 An aiT for establishing a schod-houscin the town of New-
hem.
go An aato empower the justice^jrf^Beaufo»t county to build a
court-hou-^ft, ()r,son and sio^^, jn B%th town, for the ubs
of the said c unty.
g2 An aifl lo amend an afl, entitled, " An aft for establishing the
titles of the freeholders in Edcnton, for laying a tax
tor finishihg the church begun in the said towii, and for
the fuither inijirovement and better regulation thereof"
24 An aa for eredlintj a court-hcuse and prison, for the use of
the distriift of fidenton. " '
26 An art to empowe.rthe churchwardens and vestryiren of St. ■"
John's parish, in the cotint/ of t?.:te, to ap|.>rojTiaie the <
surplussge of money levied for irefiinR the' public bui'd-
ings m said county, to xVc use of the parish of St. John '>.
25 AjJiifi to fflCCiuage Bevjjairin Heron, E^. to build a hiidpe
ever the nortii'e*-^ branch of .Cape, ^r r.iVf r at or nac
the j.^ace where the ferry is now kftpt ty Edward Da- !
vis. ■ "* ..''■■■'■'■?■•- ;
29 An a<ft for ccnfiimiiig a. lease made by the Tuscarora Indi-]
^r.s to Robert Jo.v-s,jun. Wiliani Williaius, and Thoj :
mas Ptigh, Enquires. !
.Signed by "WILLIAM TRYON, Efq. Governor, J
John Ruthurfukd, Pre/ident.
John Harvbt, Speaker. ]
Pead three times and ratified in open Assetnbly, the t^t day of December, Ir6<3.
1767. IM
At an ASSEMBLY, begun and held at Newbern, the Third Day of Novera- William
ber, in the Seventh Year of the Reign of our Sovereign Lord, GiiORGE Governor'^'
the Third, by the Grace of God, of Great-Britain, France and Ireland,
King, Defender of the Faith, &cc. and in the Year of our Lord One Thou-
sand Seven Hundred and Sixty-six : and from thence continued, by Proro-
gation, to the Fifth Day of December, in the Year of our Lord One
Thousand Seven Hundred and Sixty-seven: Being the Second Session of
this present Assembly.
^n aH for dividing this province inio ftx pveral dijlriElsy and for tjlahlijhing a fuperior court ofjujiice in each of CHAP. 1.'
the faid diJiriBs, and regulating the proceedings therein ; and for providing adequate falaries for the chief jaf-
tice, and the ajfociate jnjiices of the fatd fuperior courts, exp.
An aSi to (Mtead-^ind continue the fveral aSis for efiahlifhing inferior courts of pleas and quarter fefficns in ike fe- CHAP. 2.
veral counties in this province, exp.
An aSl direSiing the method of appointing jurymen in all caufes criminal and civil, exp. chap. 3.
An act for vefiing certain lots in the town ofNeivbern in his excellency the governor^ and his fuccefjors. (a) CHAP. 4.
WHEREAS by an z.Qi palTed at Newbern, the firfl day of December, in the year ofgpur lord one ^"** P' ^^^'
thoufand feven hundred and fixty fix, entitled, " An aft for erefting a convenient building with-
in the town of Newbern, for the refidence of the governor or commander in chief for the time being," his
Excellency William Tryon, Efq. then and now governor and commander in chief of this province, was
autliorlfed and empowered to purchafe any number of lots of lands, not exceeding twelve, lying and be-
ing within the limits and boundaries of the town of Newkern, in any part of the town he fhall think moft
proper and convenient ; and to take and receive one or more deed or deeds, fufficient in law for the con-
veying the fame to himfelf, and his fuccefTors, Governors or commanders in chief of this province ; and
upon fuch conveyance, to contraft and agree with proper perfons for deCgning, erefling, and complete-
ly finifhing, a convenient dwelling-houfe, with all neceflary offices, for the ufe of himfelf and his fuccef-
fors, governors and commanders in chief of thio province : and whereas, purfuant to the power- and au-
thority of the faid act, his Excellency has thf)ught it mod proper and convenient, that a fquare in the faid
town, containing twelve lots, bounded by Eden (Ireet, Pollock ftreet, Metcalf ftreet, and Front flreet,
with the waterfronts belonging thereto, (hould be purchafed for the faid intended building, and hath a-
greed with proper perfons for defigning, eredling, ahd finifhing the faid hcufe and offices ; but the legal
title to fome of the faid lots being vefted in perfons cut of the province, or infants or tjuftces, cr perfons
atprefent imknown, his Excellency hath not yet been able to make a purchsfe, or obtain proper convey--
ances for fome of the faid lots : for efFefting therefore a full, complete and abfolute title to the whole of
the faid lots and water fronts, and vefting the fame according to the intention of the faid act of aflVmbly :
II. May it pleafe your excellency that it may be enafted. And be it enacted ly the covernory Ccuncil^and Lotsvestcdin
Affemhly, and by the authority oj the fame, That it (hall and may be lawful to and for the inferior court of ^'^c Cevemor.
Craven county, and the faid court is hereby empowered, authorifed and required, at the firft court to
be held for the faid county after the firft day of March next, to ifiuea warrant or warrants, precept or
precepts, direded to the fheriff of Craven county aforefaid, who is hereby authorifed, dire£led and requi-
(a) This kSl is taken from Davis's edition, the original being missing,
Vol. I. T t
/62 17G7. reel, accordingly to fummcn, impannel and retjirn to the faid court, a competent number of fubftanfial
Vm^'vnm} difinterefted perfons, qualified to ferve on jaries, and not lefs than twenty-four ; and out of fuch perfons
fo to be imp^nnelled, fummoned and returned, a jury of twelve perfoni Ihall be drawn bv fome perfon
by tlie faid inferior coart to be appointed, in fuch manner as juries for the trial of caufes in ihe fuperior
court, by the aft of afTembly now in force, are directed to be drawn ; which perfons fo to be impannel^
led, fummoned and returned as aforefaid, are hereby required to come and appear before the faid courts
at fuch time and place as in fuch warrant or warrants, precept or precepts, (ball be dire(fled and appoint-
ed ; and to attend there, from day to day, until difcharged by the faid court; and all perfons concerned
fiiall have their lawful challenges (but not challenge the array of the pannel) againft any of the faid jury-
men when they come to be (worn : And the faid court is hereby authorifed and empowered, by precept
or order, from time to time, to require the atteadance of all and evei-y perfon or perfons whatever mho
fhall be thought neceffary to be examined as witnefles before them, and fo examine them on their oath or
oaths touching and concerning the premifes ; and the faid court may likewife, if the juftices prefent ihall
think fit, authorife the faid jury to view the feveral lots contained in the faid fquare and water fronts, ia
fuch manner as they fliall direft ; and fuch jury, witnefles and parti'cs, fliall attend until all fuch matters
for which they were lummoned (hall be concluded: and faid jury, upon their oaths, (hail enquire of the
valus of fuch lots of land, with the appurtenances, which is heretofore mentioned as neceflary to be pur-
chafed, and of the refpcfiive eflrate and interefl of every perfon leized, pofleffedof, or interefted therein,
or in any part thereof; and fuch jury fliall affefs the fum or fum.s to be paid to eveiy fuch perfon or per-
fons, for the purchafe of fuch their eftateand intereft which Ihall be necelTary to be purchafed ; and the
faid court fliall record the verdift of the jury, for fuch fum or fums of money fo- to be aflefled ; which faid
verdift or verdifts, and the judgment, decree and determination thereon, (hall be binding and conclufire,
to all intents and purpofes whatfoever, as well againft the Kmg's majefty, his heirs and fucceflbrs and all
and every other perfon and perfons, bodies politic and corporate, claiming any eftate, right, title, truft
ufe or interefl:, in, to, or out of the faid lots of land', either in pofleflion, reverfion, remainder or expefl-
ancy, as well infants as iffiie unborn, lunatick, idiot, and feme covert, and perfons under any other legal
incapacity or difability ; and all other Cejlui que trufts, his, her and their heirs,, fucceflbrs, executors, and
adminifl:rators, as againfl: all other perfons whomfoever ; and the faid verdift, judgment and decree, and
all other proceedings of the faid court and jury fo to be made, given and pronounced, as aforefaid, fliall
be fairly written on paper, and figned and fealed by the clerk of the court for the time being : and fuch
judgment, verdift, and decree, and other pi-oceedings as relate to the faid lots of land, or the value of them,
as appraifed, fliall be entered, filed, and kept amongfl: the records of the faid inferior court, and ftiall be
deemed and. taken to be records, to all intents and purpofes whatfoever ; and the fame, or fome copy-
thereof, fliall be deemed and taken to be good and effeftual evidence and proof, in any court of law or e-
quity whatfoever ; and all perfons may have recourfe tc the fame gratis, and take copies thereof, paying
for every copy, as in cafe of copies of any other record of the faid court,
paid * °^'°'' ' ^II« -^"(i be it further enaSied by the authority- aforefaid. That fuch fum or fums of money fo to be afleC-
fed and decreed as aforefaid, fliall be paid into the hands of Samuel Cornell, Elq. who is hereby au-
thorifed and empowered tareceive the fame, and to give a receiptor receipts, mentioning and fpecify-
ing for what premifes, and for what ufe the faid money is received ; which receipt or receipts fliall be
entered on record, and regiftered in the office of the clerk of the faid inferior court of the county of
Craven, with the verdi£l, judgment, and proceedings to be had as aforefaid ; which faid fum and fums
of money fliall be to the ufe and benefit of fuch perfon or perfons as may appear by fuch verdi£l to have
any right, title, interefl:, or claim, in, to, or upoir the faid lots of land, or any part thereof, according to
their refpeftive efl:ates and interefl: therein ; and fliall by the faid Samael Cornell, Efq, be paid to fuch
perfon or perfons mentioned in fuch verdid : But if the faid jury fliall return a verdid, that any part
of the faid lots or water fronts belong to perfons unknown, or that the title is in difpate, then, and in fuch
cafe, the faid fum or fums of money aflefled as the value of fuch lands, whereof the owner is unknown,
or the title in difpute, fliall, at any time, by order of the faid inferior court of Craven, be paid to fuch
perfon or perfons as fhall appear to the faid court to be entitled thereto, according to their refpeftive
Claims to be claim* and interefl: in the faid premifes : And the faid inferior court of Craven is hereby authorifed and
vesica in the"* f"^P°^^'^s^> by petition, in a fummary way, to hear and determine all difputes and claims of any perfons
Goveraor. interefted in any part of fuch money s and immediately after fuch receipt and regiftry as aforefaid, and
the whole abfolutefee-fimple inheritance and pofleflion of fuch lots of land, and waterfronts, fo to be
Valued as aforefaid, fliall^ and is hereby declared to veil in his faid' excellency the Governor, and his, 1767. 163
TucceiTors, to the ufe of himfelf and his fucceflbrs, Governors or commanders in chief of this province, v-r^'vW
for the purpofes mentioned in the faid recited aft, as fully and efFe£lually, to all intents and purpofes-^
as if every perfon, having any eftate in the premifes, had adlually conveyed the fame by leafe and releafe,
bargain and fale, inrolled feoffments, with livery and feifin, fine and recovery, or any other legal con-
veyance whatfoever : And fuch valuation, proceedings, and payment as aforefaid, fhall not only bar
all right, title, claim, or deman*:!, of the perfon or perfons having any eftate in the premifes, but fhail al-
io extend to, and be deemed and conllrued to bar the dower of the wife or wives of fuch perfons ; and
sM eftatestail, or reverfions or remainders, as efFedlually as a fine or recovery would do, or would have
done, if levied or fufFered by the proper parties according to law.
IV". And he it further etiaSled by the authority ajore/aid. That it fhall and may be lawful for the inferior P.'n. on officers
couitof Craven county, from tirfte to time, to impofe any reafonable fine, not exceeding three pounds, &c. negleaing
proclamation money, on the fheriff, or his deputy or deputies, who fhall make default in the premifes, "^^"^^"^y'
and. on any perfon, who, on being fummoned and returned on any fuch jury as aforefaid, (hail fail to
appear i and alfo on any witnefs or witnefles who fliall not attend, or who ftiould refufe to be fworn, or
being fworn, Ihill refufe to give his or their verdi£t, or in any other manner willfully neglefl his or their
duty, contrary to the true intent and rr waning of this aft; and from time to time, to levy fuch fines as
ether fines are by law direfted to be levied in the faid court.
V. And whereas according to the plan of the feid town of Newbern, the water fronts of the lots here-
in before mentioned are divided from the faid lots by a ftreet called Front ftreet; which,if it continues a
public flreet, would be inconvenient to the improvements intended on the faid lots, for the accommo-
^ dation and refidence of the Governor and commander in chief: And whereas for the advantage, profpecl:,
and ficuation, the foundation of the faid edifice is laid fo near to Eden ftreet, that it will be neceffary to
extend the line of the faid lots, fo as to include part of the faid ftreet : Beit therefore enaSiedby the author
rity aforefaid. That all that part of Front ftreet lying between the lots herein before mentioned, and the 'r-n's vested in
■water fronts, extending along the faid ftreet, as far as the lots and fronts aforelaid run^; and all that part ^^'^ Governor.
ef Eden ftreet, beginning at the back corner of the faid fquare, in the angle of Eden ftreet and Pollock
ftreet, running acrofs Eden ftreet thirty feet,, and from thence down the middle of the faid ftreet to the
river, including the interfeftion of Front ftreet, fhall be, and are hereby vefted in his Excell^cy William
Tryon, Efq. governor and commander in chief of this province, and' his succeflbrs, for the ufe of himfelf
and his fucceflbrs, governors or commanders in chief of this province, as fully and amply, to all Intents
and purpofes, as any of the above mentioned lots of land are by the faid aft direfted and intended to be
vefted, purchafed, or fettled, for the purpofes therein mentioned ; and from henceforth all thofe parts of
the faid ftreets, within the limits above mentioned, fhall ceafe to be public ftreets, and may be inclofed,
built upon, improved, or made ufe of, as if the fame had originally been part of any of the faid lots i any
aft heretofore made to the contrary notwithftanding.
VI. And belt further enaSied by. the authority (forefaid, That tHe purchafe of the lots herein before men- Purchase ofioti
tlonedto have been made' by his faid Excellency, as part of the twelve lots mentioned in the faid aft, is confirmed,
hereby ratified and confirmed \, and the poflellion, and' abfolute fee-fimple and inheritance of and in the
faid twelve lots, ftreets and water fronts, are hereby declared to be fully vefted in his Excellency William
Tryon, Efq.. and his fucceflbrs, for the purpofes and ufes in the faid aft mentioned, againft the claim of all
perfons whatfoever.
An additional a^ to an a&for ereBing a convenient building tuithin the town of Nenvbern, for the refidence of the CHAP. 5.
Governott or Commander in Chief for the time being, (af ' Ante, p. 155.
AnaB for appointing fberiffs^ and ditteSing their duty iti office, (b) (^A?. 6.
Provided for bjr subsequent a^s.
An aB t9 appoint a public treafurerof the northern dtfirtBt and other purpofes. exp.' chap. 7,
ra^ This afl, providitig a further sum for fortliccifeaingjof the building, (/? 10,00€) anj granting -fg. 1500 to supply jdeficiencv
of the former fur d, I presume had its eifea.' «v» . / c^ o^ rr < ^
(bj By thtlast seftion all fortr.er a^s concerning sheriffs: ait repealed.
164 1767.
CHA?. 8.
Fen y keepers
to provide.en-
tenaininent.
Ordinary keep
ers to se; up
S'gns.
Petiilties and
fuif itures.
Repealng
clause.
CHAP. 9.
An aB for regulating sritnarieSt and rejlraint of tippling houfet. (c)
> l^Allihe feBlonsofthis a£i repealed by aSi Oaober, 1779, Ch. 10, excepty perhaps^ the four lajl.-]
XV. A ND be it further enaBed by the anthority aforrfaid. That from and after the paffing of jthis aSL
j^\^ all keepers of public ferriQS or bridges, within this province, whei* thq ferries or bridge toll
is above four pence, proclamation money for a man and horfe, (hall be obliged to furnifli all travellers with
entertainment at tavern rates, and fliall take out licence for that purpofe ; and if any keeper of any fuch
public ferry or bridge ftiall refufe or negleft to furnifh fuch entertainment, or to take out fuch licence,
fuch ferry or bridge keeper (hall forfeit and pay for each offence th$ fum of t^n pounds, praclan^ation ibo-
ney, to any perfon who (hall fue for the fame.
XVI. And to the end that ordinaries, or houfes of pub'ic entertainment, may be the mote readily and
generally known by travellers and othersj Be it therefore further enaBed by the authority aforefaid. That every
perfon who (hall obtain a licence agreeable to the dire£tions of this aft, from and after the fjrft day of March
next, fiiall, within one month after obtaining licence as aforefaid, fet up, or caufe to be fat iip in publip
view, at his dwelling-houfe, or the houfe where fuch ordinary ftiall be kept, a fign, with an infcription
thereon denoting the fame to be an ordinary, or houfe of public entertainment, uader the penalty of for-
feiting forty {hillings, proclamation money, for every month the faid ordinary, or houfe of entcrtaiiiment,
(hall be keptj without having a public fign fet up as aforefaid.
XVII. And be it further enacted by the authority aforefaid^ That all the penalties and forfeitures in this
aft, the method of recovering and applying whereof are not particularly djrefted, (hall be one half to the
Governor or Commancler in Chief for the time being, the other half to him or them who fliall fue for the
fame ; to be recovered with cods, before any jurifdiftion having cognizance thereof. .
XVIII. And be it further enaBed by the authority aforfaid. That all and every aft and afts, and every
claufe and article thereof, heretofore made, fo far as relates tq regulating ordinaries and reftraint of tip-
pling houfes, or to any other matter or thing whatfoever, within the purview of this aft, is, and arc here..
by repealed and made void, to all ihtents and purposes whatfoever,
An act for regulating the infpection oftabaccq., and preventing frauds in hif Majsjly's cujiomt, jlxp.
CHAP. 12. jin act to amend an act entitled An aft for facilitating the navigation of port Bath, port Roanoke, and port j
Tha-rgnalaft enpired. See p's. 101 St 149. IJeaufort, ''
CHAP. 13,
Provided for 1, 178 J,, 34..
CHAP. 18.
CHAP. )9.
Jn act cancerning idle q'id dijoluteperfons.
4n act for defraying tfie contingent changes of government, exp.
An aft to centime the acts therein mention fd^ for a^inting a militia, exp.
CHAP. 25. An aB for annexing part pf Northampton county fa the county of Bute,
WHEREAS the inhabitant? of the upper or weltermpft cpriier of Northampton county labour under
great incoaveniencies, in attending the courts, and othej: p4hlic meeting? of the faid courf y , at the
court-houfe thereof ; and being more convenient for thofe pijrpofes tg the eounty of B^ite, are defirous of
being annexed thereto :
C9iintydividid. H. Be it enaBed by the Gove'^nsr, Council, and AJfemhh, ar}dhy the authority of thfc-ryey That Thomas Ea-
ton, Willie Jones, and Benjamin Perfon, Efquires, be, and are hereby appointed commifliorjers ; and
they, or the majority of them, are required and direfted, within three months after the paffing of this
aft, to run and mark (or caule the fame tp be done) ?. lin? from Ro?-ioke river bank, oppofite the
mouth of Stone Houfe creek, a due north courfe to the dividing line between this province and the co-
lony of Virginia ; and all that part bounded to the enftward, by the line above direfted to be marked,
and to the northward by the Virginia line, to where it croiTes Roanoke river, fhall be, and is hereby an-
nexed fo, and made part of the county of Bute ; and the inhabitants thereof (hall be fubjeft and liable
to rhe fame rules, orders, taxes, and privileges, as any other of the inhabitants of the faid county of Bute.
Hi. Private.
CiJ The ieflions of this afl which are retained are taken from Davis's ediiion, the original being missing.
AnaSjhr vaeatlng the titje of certain perfim it three hundr-ed acm ^f land, Jituate »n the lower part of Cape 176T. 165
Feary and adjoining Fort Johnjion : and for revefiing the fame in the croioni for, his Majeflfs fervice^ and u«*K-«0
the benefit oj the jaid fort and garrifan, - CHAP. 37.
WHEREAS by an aft of the General ^AeoiWy, pafled at Newbern, on the twentieth day of Ante, p. 70.
April, in the year of our I^rd one thouifand ieven hundred and torty-five, enlitled, **An a£l
for ere£ling a fortification on the lower part of Cape Fear river, for applying thereto the powder money
already arifea, or which fliall arife, by Ihippii'ig coming into the port of Brunfwick ;" certain commif-
fioners were appointed, a majority of whom were by faid aft invefted with full power and authority
to erf ft and build ? fort or battery in fuch place on the lower part of Cape Fear river, as to them-
fhouLd feera moft convenient, for the defencie of the, faid river ; in virtue whereof, a place for ereft-
ing a fort was agreed on by the faid eommiflioners, and a fortification, by the name effort Johnfton, was
raifed, and hitherto has been guarded and maintained at a confiderable charge and expence to the public ; '
9nd the necefiTity of guarding and maintaining of the faid fort (till continuing for his majefty's fervice,
and the defence of this province: And whereas a patent for part of the land adjoining thereto has been
furreptitioufly, and witliout the due knovs4edge and information of the officers of the crown granting the
fame, obtained : And whereas from the nature of its fituation it is abfolutely necedary, for the fafety
and fecurity pf faid fort and garrifon, as well as for the repairing and maintaining of the fame, that three
hundred acres of the faid land, adjoining the faid fort, bounded as follows ; beginning at a bridge the
mouth of Bennet's creek, running north-fuity-feven degrees weft, three hundred and thirty two poles
to a creek called Juda's creek, running down the various coyrfes of the faid creek to where.it empties
itfelf into a creek, called the JJutcIiwan's creek ; thence down the faid creek to the mouth thereof, in
Cape Fear ; then up Cape Fe:5r river to the beginning, including fort Johnfton, and containing three
hundred acres, more or lefs ; £houldbe4"fivefted in the crown, and jemain for his Majefty's fervice, to-
wards repairing and rnainfcaining of the faid fort, and the ufe of the faid garrifon, forever,
II. Be it therefore enaSltd by the Governor, Council and AJfemhly, and by the authority of the fame. That for fo Title to lands
much land as is contained within the limits by this aft fpecified, each and every patent or deed heretofore ^'^^^^*"-
made or executed, fo far as relates to the land above fpecified, is hereby declared to be null and void,
and of no force, validity, oreiFeft whatfoever ; but that the abfolute right and fee-fimple of faid three And vested Ir
hundred acres of land be and remain in his Majefty, his heirs and fucceflbrs, forever, for and towards the the crown,
repairing of faid fort; and to fuch other ufes andpurpofes as his Majefty ftiall direft.
ill. And that equal right and juftice may be done to the patentees, their, and each of their heirs Tobevaluetl
andaffigns ; Be -tenaBedby the author ty afcrefaid, That a jury of twelve freeholders, within the county *^^ laJ['^°^''^'
of Brunfwick, be appointed by the Juftices of the inferior court of the faid county, at the next court to
be held for faid county after the firft day of March next ; which jury (hall be fummoned by the ftierlfF
of the faid county, to view the afor€ mentioned lands and premlfes, at fome day between that and the
then next fucceeding court for faid county ; and fljall take an oath before fome Juftice of the Peace for
,the faid county, (who is hereby authorifed to admlnifter the fame) to va,Iue and appraife the faid three
hundred acres of land and improvements, and make return of fuch valuation and appraifement, and the
names of perfons claiming the fame, under their hands and feals, to the next fucceeding court for tlae
faid county; which faid valuation money the public treafurer of the fouthern diftrlft is required to pay Inquest record-
to the fini patentees, or their legal reprefentatives, and to take one or more receipt or receipts for the «d.
fame ; which with the valuation as returned by the jury as aforefald, ftiall be recorded among the records
cf the faid inferior court of BruRfwick county, and be regiftered in the regifter's office of the faid coun-
ty j which inqueft fo taken and returned fliall, and is hereby declared to be a perpetual bar to the claim,
right, or title, of any fubjeft whatfoever, to the faid three hundred acres of land and premlfes.
IV. And be it further enacted by the autkoritv afore/aid. That the flieriff of Brunfwick county fhall fum- Jurors summon«
mons the jurors appointed by the inferior court of the faid county, for the purpofes in this aft direfted,
at leaft five days before the day appointed for valuing and appraifing the faid land and premlfes : And
every juior being fo fummoned, and failing to attend and take fuch view of, and value and appraife fuch
land and premlfes, fhall be fined by the faid inferior court of Brunfwick, for each negleft, three pounds,
proclamation money ; to be levied as other fines fet on jurymen, and applied to the ufe of the faid con-
ty of Brunfwick ; unlefs the perfon fined fhall, on oath, fliew to the next court fufficient reafon for
fuch failure or nejgleft.
Vol. I. U u
166 1767.
THE TITLES OF THE PRIVATE ACTS;
10 An aft for establishing public warehouses in the towns of
Halifax and Campbellton, for the inspeilion of hemp and
flax.
11 An aa for build'ngapubFic gaol, and gaoler's house, for the
distrift of Newbern, in the town of Newbem.
14 An aft for destroying crows and squirrels in the several coun-
ties therein mentioned.
15 An a<9 to empower the justiees of Currituck county to build
a prison, pillory, and stocks, in the said county, on the
lot whereon the court-house bow stands, for t!»e use ©f
the said crunty.
16 A* afl lor appointing an inspe<aor for the Great Island, op-
posite Wilmington, in Brunswick county.
17 An aa for establishing the vestry elefled for the parish of St.
Stephen, in Johnston county.
20 An aa t« amend an aft, entitled, " An aatoencourage per-
sons to settle ia the town of Brunswick, on the south- west
Mde of Cape-Faar rive'."
31 An aa for ereaing in tlie towti of Salisbury, a ptiWc gaof/
pillory, and stocks, for the d:striit of Salisbury in thi»
province.
22 An aa to continue an aS, tintiffed, " An aS for enlarging the
time allowed for saving lots in the town of Hertford, and
other purposes ;" a-nd to establiah a ferry from the town
of Hertford, on the west side of Hercjuimons river, to New-
by's point on the east side of the said river.
23 An aa to amend an aa, entitled, " A» aft for the regulati.
on of the town of Wilmington. "
24 An aa for laying out a puolic road from the frontiers of this
province, through the counties of Mecklenburg, Rowan,
Anson and Bladen, to VViimington and Brunswick.
26 An aa for estabhshing a town on the land of William Grayi
on C%>hy river, in fiercie county.
Signed by WILLIAM TRYON, liq. Governor.
James Hasell, Prefidenu
John Hartet^ Speaken
Read thi«e times, ud ratified ia open AssemWj, tie X^lth d>y of January, Aruo Dom, 1763.
1763. 167
At an ASSEMBLY, began and held at Newbern, the Third Day of No- wt..i.iam
vember, in the Seventh Year of the Reiffn of our Sovereign Lord GEORGE ^''^°^' ^^^'
the Third by the Grace of God, of Great-Britain, France and Ireland,
King, Defender of the Faith, he. and in the Year of our Lord One Thou-
sand Seven Hundred and Sixty-six ; and from thence continued, by Proro-
gation, to the Seventh Day of November, in the .Year of our Lord One
Thousand Seven Hundred and Sixty-eight : Being the Third Session of
this present Assembly.
jin ii^ io amend and expiain an aSi entifted <' Art a£l: for eftabliiliing art orthodo* clefgy.'' cMap. 1 .
See p. 57, h I J4.
An aSito amend and continue an aB entitled " An aft concerning of veftries " chap. 2.
>£eep. 57.
An aElfor ejlahlilking a militia in this province. EXP. CHAP. 3.
An aSi io direBjherifi in levying executionf, and the di/pofal of lands^ goods and chattels taken thereon. eXp. chap. 4'.
An a8 to amend and explain an a£l entitled « An aflt for dividing this province into fix feveral diftfi-Cls ; and chap. 5.
for eftablifliinga fuperior court of juftice in each of the faM diftrifts, and regulating the proceedings Orij^inalaaes-
therein ; and for providing adequate falaries for the chief juftice, and affociat^ juftices of the faid fuperior '^'J^"* ^^^
courts." /
An act to relieve fuch per ions who have pur chafed lands fold by execution, and have not ohiainid titles tc the fame. CHAP. 6.
WHEREAS by an a£l of the General Affembly, paffed at Wilmington, in the year one thoufand fe- Ante, p. i j3.
ven hundred and fixty four, declaring lands, and other real eftates in this province, liable for the
payment of defbts, and fubjeft to be taken in execution and fold for that ptirpofcj and conveyances under
iuch fale to be made by the (heriff felling the fame ; and in cafe of his death, or removal from office, the
conveyance to be made by his fucCeflbr in office .• and whereas many trails of land, in virtue of the faid
aft, have been formerly taken in execution and fold ; but by reafbn of the death of the fherifF felling the
fame, arid the doubts of the fucceeding onesj titles have not been made to the fair and open pur^alers,
iirho have paid the confideration of fuch fales ai the time of felling, which doubts have arifen fr'dm the
publication here ofhisMajeily's royal difallowance of that aft ; that the fair purchafer may be remedied ''
therein :
II. Be it enacted hy the Governor, Council, and Affembly, and by the authority of the jam, 't'hatahy perfoh or Sales of latids
perfons who herfetofore, and until the publication of the difallowance of the aft aforefaid, have aftually °" ^J=ecutioa
purchafed any lands fold by any IherifFas aforefaid, and have bona fide paid the full confidefation money for ^ " *
the fame to the ftierifF, for the purpoles for which the fame was fold, and hath iiot from the obftriiftioris
aforefaid, obtained a proper conveyance of the iitle of fuch lands from the fheriff, according to the di-
reftions of the faid aft, may, and are hereby authdrifed, to demand of the flieriffnow in office, or the fhe-
riff for the time being, of the county wherein fuch lands fie, a proper deed of conveyance for the fame lands :
and fuch Iheriff is hereby authorifed and required, on application of the purchafer as aforefikld ; and in
cafe of his or her death, on the application of the heir, executors, legatees, or affignees of faid deceafee!
(where of right it ought to be done) to make fuch fufficient deed or conveyance in law, of. the lands fo
fold, a$ the £iaeriff at Uie time of making the fale, in virtue of the aft aforefaid, coul4 or ought to have done;
168 1768. and a'.! deeds or conveyances ri^de and exscoted a« aforefald, iii virtus hareof.are hereby declared tx) be
Uoi^i*/ good and valid ; and fhall be as efFeftual in law iQ: conveying the legal title of the lands therein mention- ,
ed^o the purchafeir thereof, his or her reprefentative as aforetaiid, as if lB$ i^O conveyance had b^>| I
made at the time of the fale on execution, by the fheritp felling the fame. •' "^
CHAP. 8. An aEl to arntnd th.'. aCl for ^ahl'Jli.ng public ^arehtufes in the toxjon oj Haifax and Campbttl0n,for tkf '
Seep. io6, infptction of hemp and Jlax and Other purpofes.
All of this ai9: private but the 3d session, sindthat (concerning the a<S for enconraging tlje culture of hetrip and'flax, and other purposes) expked. -j
CHAP. 9. An aSi to amend an aSi e^itled A* An aft to reflrain the keeping of too great a number of horfes and inare^ i
^•'s> P >fi- and for amending the breed." j
'■ ^- ^^^- ^"jr THERE \S by an aft of Affembly, paffed at Edenton, on rfie twenty-diird day of November, {«■ ;
VV *^^ y^'^'' ^ '^'^'^ Lotd one thoufand feven hundred and twenty-three, entitled, "An a£l to reftrain j
the keeping of too great a number of horfes and mares, and for amending the breed j'' it is enafted» j
among other things, that no perfon whatfoever fliaJl fufier, or let go at large, any stone horfe or horfes, of \
ivfo years old, unlels fuch horfe or horfes fhall be at leaft thirteen hands in height, under certain penalties j
and forfeitures in faid aft fpecified : and whereas the fuffering horfes of that age and fize is found preju- .'
dicial to the breed : '
Stor,? iiovses 11. Be t enaBed by th Gevr/nor, Council, and AJJembly, and by the authority ofthefame^ That from and after 'i
under i4hardf, the pafiing of this aft, no perfon whatfoever in this province ihall fufFer, or let goatlarge, any ftonehorfe or •
nouotuu at Ixorfes, of two years old o?- upwards, unlefs fuch horfe or horfes fhall be at leaft fourteen hands in height, .|
** upon penalty of forfeiting fuch horfe or horfes, or the fum of twenty shillings, to the taker-up of every \
fuch ftone horfe, provided the fame be found running at large not witlan the confine of any fence, w'ater, ,;
marfh, or fwamp ; any thing contained in the :aforefaid aft* to the contrary, notwithftanding.
CHAP. iO, An aB for dividing the county of MecUenhur^., and other pur pofes. \
WHEREAS by reafon of the large extent of the county of Mecklenburg, it is greatly inconvenient for ^
the inhabitants 4;9 attend the courts of tj^e aforefaid county, and other public duties iby la»r requir ,
red. }
Tryonereflcd. H. Be it therefore enaBed by the Governor, Council^ and Affemhlyy and by the authority of the fame. That feon^ ^
and after the tenth day of April next,the faid county of Mecklenburg fhall be, and is hereby divided into two ■■■:
diflinft counties and pariflips, by a line beginning at earl Granville's line where it croffes theCatawba liver; |l
and tlw faid river to be the line to the South-Carolina line; and that ail tliat part of the faid couq.ty wliich ;
lies to the eailward of the faid dividing line fliall be a diflinft county and piirifti, and remain and.be cal- ,
led by the name of' Mecklenburg county, and faiiit Martin's pariih ; and tlxat all that part of the county ^
lying to the wcftvvard of the faid dividing line, fhall be one other diftinft county ai]4 pariih, ,aiid he ana '
remain by the name of Tryon county, and faint Thomas' pariih.
The remaining eleven feBions altogether of a private^ or temporary nature,
CHAP. 13. An c. J. to amem! an aB entitled," An "ii^i^iiionzX :idi to zxiViO:, c.Vi{\\\eA, An aB to prevent hilling defynturr- '^
Anrt. 0.4 ,69. feafsnahle times ; and for pifUing a fop to tnany abufis cemmittcd by white perfons under pretence c-' huniingJ' ;
1, iro4, 33. "« -jr TrHEREAS by the before recited aft, perfons who have no fettled habitati<;n, or not fending.£ye j
\\ thoufand cornhills, are prohibited from hunting, under the penalty of nve \)< ur.d.^, and forfeitune >
of his gun ; which, by experience, has been found not to anfwer the purpofes ir.tevded by the faid aft ; i
, many diforderly and diflolute perfons, having no habitation of their own, fViU continue to hunt on .the |
king's waifte, and the land.s of other perfons, and kill deer, and leave the carcafes in the woods ; by which ';
means the wolves, bears, and other vermin, are fed and railed ; to the great darrage of many of the in- j
habitants of this province ; and the fines being difficult of recovery, by means of perfons, having no pjo- j
perty of their own, aflembling in great numbers, and c.imping in the woods, and kill deei, burn and dcf- '^
troy the range, burn fences, and commit many other injuries to the inhabitants of this province ; and affo- J
ciate, for tlie mutual proteftion and defence of each other,- againft any perfon oi perfons who fhall attempt
to execute any precept on any of them : for .remedy whereof ;
What persons it. Be it enaBed by tht Governor, Council and Affembly, andby the authority of the fame, That from and^ter
alioweatohuBt. jj^g ^^ jj,y gf January next, no perfon whatevier (maltersof flaves ^cepted)npt fea^ing.a freehold oi one
jbundret! act;?* of land widiin diis province, or teudrng tea Aoafand comhiUs, at leaft, five feet diftance 1768. 169
^ach, (hall hunt or kill deer .* under the penalty of ten pou.nds, proclaaa?tion mcney,fQr every ofFence i and <.«««v««>
moi;epver fliall forfeit his S^^* ox the value thereof j to be recovered by aSion of debt, bill, plaint, or In-
fcraiation, ia a^iy court of record within this province, by atiy perfon who will profecute for the fame *,
wlierein, upon convidion, over and above the faid penaity and forfeiture as ^forefaid, the defendant fliali
.be comnntted to goal, isy order of the court 5 there to renmain, without bail or mainprise, for one month..
in. And be ii fi/.rthejr ena3,eii by the authority afprefaidf That upon aftion of debt^ information or indict- S^iccal ba:j.
^ent, bein^.profe<;u^dXoi' iJje 9bo.ve pen^ty, the Q\<ix\S who fhall execute the writ, fliall take two fuf-
licierit feciiritles for the defendant's appearance, at the co-art to wliich the fame, by the tenor thereof, is
^ade returnable ; 'A^hich-bail fo taken, fhall be fubjctt and liable as in other cafes .- and on failure thereof,
(Or an exception being taken to tlae faid bail, the fame (hall be deemed infufficieiit, then, and m tliat cafe,
/the fheriff, fhall ftaiiJ and be -taken as special bail.
IV". Provided nevertheiefs , ^f hat the fheriff may furrender the defendant in difcjharge of himfelf, ^t any f/°\",i"' ^"^
{time before final judgment had ag^irjft, the .defendant. rejiderptind-
y. Provided alfoy That nothing herein contained, fhall extend to bar or hinder an overfeer of a fiave or pu'.
41aves from .hunting and filling deer y/ith a gun on his employer's lands, or the wafle lands of the kiog. Proviso, foro-
^or Lord Granville, within five miles of the re.fidence of fuch overfeer. verseeisto
yi. And whereas by reafon of the iofurre6l:ions, of many i'legal procev^dings of fundry of the inhabi- 1'^"'' .
,tants of this province, the county gaols are become almoft ufelefs i many perf^us who are committed in^'to^giveball'
thereto being releafed by force, the faid gaols being remote from flie refidence of the fherin's, who might cotnmitted.
.prevent fuch breakings as afprefaid, by raifing fufhcient force for that purpofe : therefore, Be it enacted by
the authority aforefaid. That up<?n fuit being conunejiced on a£lion.of debts, informatien, ?'c. in a fuperior
court, if the defendant fhaU fail to give fuch fecurity as aforefaid, that then the fheriff fhall commit the
^(defendant to the gaol of the f«peri0r.courtfor.tha diftrift to which the fair^ is made returnable.
yil. And he it further enacted by the authority aforefaid^ That the OierifF fliall have, for the ferviees he fhall Sheriffs fees.
.peTfor(n in a fuit brought as aforefaid, the fame fees and allowances as in other cafes on adlion brought,
information, or jndiftment profecutedj and .fy.bje<^ ,aJid liable for taking greater fees, in the fame man-
.ner as in other cafe?.
VIII. Atid bt it further enacted hy the authority aforefa'df That no white perfon whatfoever fhall, on any Pen. for him*
.prptence, prefvin\e to hunt with dogs, or ptherwife, or drive or kill any deer or game on any perfon's lands, son'sh rdj ^'^'
Without leave of tlie owner of fuch land ; .under the penalty of five pounds, proclamation money, for each without leav^
pffefnce ; to be recovered by aflion of debt, in the ^nferic^ coji^X of .the cai;iijty \yherei^ the ofeace fhall
\)Q conunitt^d, by the owner of the faitl land.
/.fl fiSI to encptfiage the importaiion of Britijh copper halfpence^ and for making fhetif a fender fpr the payment of CHAP. 15.'
' fmalldAts,(a) '
^8^ for declaring certain lots in thetown ofNeitbern^ taken uphy the trufleei for promoting the public fchool in CHAP. 18;
,' the [aid towti,faved and improved acnrding to la,%u ,- and to empotvcf the faid trujiees to cqIUcI thefubfcriptions
due to the faid fchool. (b)
0fl o5 for making provifion for the payment of forces raifed to fupprefs the late infumBion on the iveflern frontiersy CHAP. 21.
providing for the public clc^ms^ and for the mere eafy colleSiing the annual taxes of governmsnt. Temporary, and
I presume it had its effiefU
t:he jiTji.E5 OF Tpi; private; acts.
7 An aa.to^plSTge the »imp for shervfTs to jsjettle thejr acc<nints 11 An afl for establishing a tnwn in Mecklenburg county.
withthe justicesof the inferior courts of pleas and quajrter- 12 An ai9 for establishing a town 00 the land of Benjamin Wynns,
sessions of the counties therein mentioned. on Chowan river.
f(f) This act, in Davis's edition, is said to ha,ve been repealed by his Majesty in Council, .However, if it had not been, it would
Jong ago have expired, as it was orly to be in force five years from the passing oi it,
{b) Siidliy Davis to have been repp^iled by Ijis Majesty in Council,
170 1768.
14 An 4* for prevertlrj: fte freqrent »b«M8 in ttking up and M-
creting cf stray hort^eg, in the counties of Orange, Gran>
ville, Bute, Rowan, Anson, Mecklenburg, Johnston,
Dobbs, Halifax, Edgcomb, Northampton, Hertford, Ty»-
rel, Craven and Pitt.
16 An ad for appointing eottimissirnert to build A prison, pillory
and stocks, on the lot whereon the court-house now stands
in Duplin county.
I)' An aA to centintie sh a£t, entitled', " An act to anetid w/i £it,
entitled, an act for the regulation of the town cf Wil.
mington."
1$ An att' for destroying ctow( and s^irrels in the several couti*^
tiestherein nientioned.
30 An aet for altering the times of holding the inferior courts oif:
the counties therein mentioned.
- Signed by WlLLtAM TRYON, Efq. GcverMr.
James Hasell, PreSdenf.
/dHM Ha&'7ET| Sftahr.'
R«ad tlircc timee, and nti£«d in open Assembly, the 5th £>»y ef Z>eccn>bCT»' 1768;.'
At an ASSEMBLY, begun and held at Newbern, the Twenty-third Day of William
06lober, in the Ninth Yearof the Reign of our Sovereign Lord GEORGE J^;^"^,^^-
the Third, by the Grace of God, of Great-Britain, France and Ireland,
King, Defender of the Faith, he. and in the Year of our Lord One Thou-
sand Seven Hundred and Sixty-nine : Being the First Session of this pre-
j sent Assembly.
its all fot af pointing an agtnl to JoHcil the •fairs of this province at the fevtral hards in Eng* CHAP. I.
land, EXP.
tHE TITLES OF THE PklVATE ACTS.
S An ftft for confirming the quaUfication of Heniy Lockey, she- 4 An aft to empower the /listices in the several counties thereia
TiffofBeaufwt county. mentioned, to establish free ferries and bridges in their
? Al»««»o«>e<«rtg«thede»lroyi«50f vermin iathc KVCraf respcaivecountiesiandlayataxfordefrayingthecharges
cowtics thcrcia BMiUioned, thereof
feghcd by WILLIAM TRYON, Efq, Gwerrnn
James Hasell, Prefident*
JoHnUAKirttSfeaierfj
it4d ilum tiotoi) iad Atiicdia opeA AiKAb)/i iU <tbd^7of Koye^ber, Aano pMi 1769,:
172 1110,
William
Tavon, £sq.
At an ASSliMBLY, begun and held at Newbern, the Fifth Day of Decern^ j
ber, in the tileyenjh Y^ear pf the Reign of pur oovereign Lord QKOUGe'
the Third, by the Grace of God, of Greatr Britain, V range and Ireland,!
King, Defender of the Faith, he, and in the Year of our Lord One Thou- \
san4 Seven Hundred ?ind Seventy; Peing the Fir^tSessiQi^ of this presen^ I
Assembly. . .- ^ ,
CHAP. 1, An aQJor prevtnting tumults and riotous ajfemhliest for the morefpeedy and fffeBual punipiing the ri
pters, and fqr r0orin^ and brejirying the, public ptacf^ pf this province, ex?.*
4n aB to encourage the further ffttlement of this province.'^
eH&?. 2.
Repealed by prodama.tl(»i.
enAP. S. 4n a&forjounding., tjiahljhing and endowing of Oueen-s college^ in the town of Charlotte, in Mecifen^
^urg cqunty,* .
Repealed by
proclimation,
CHAP. ♦. ^n qEl f»r aniiddithn tOt ^nd amendment of an aSif entitltdi An a£k for appointing a tnilitia. v.xp. fa)
CHAP. .5.
Kep.2,l7rr,S
CHAP. 6.
Ar-,te. p, 163.
2. 1777, 8.
3. 1779. 5.
Vd. 2. 6.
Sheriffs remov-
jng, seciiriti( S
mav ailefl ar.
te*rs of taxes.
An a£} t^afcertaln attorniesfees.i '
y ' . "^ A -i ' j
Aft aFl to fimend an a&, entitled, " An %,£k. for appointing (h.eriffs, and dlr?fling ifceir duty in cfiice."
WHEREAS many hardfhips and inconveniencies have arifen from fheriffs leaving this province be* i
fore they had accounted for the'public, county, and pariQi tax^s, whereby their fecurities hav^ {
become liable for the fame } and no provifion having been made in the faid acl for the relief of fjicji fa-
curities : ' ^ ., . . - j
II. Be it therefore enaBed by the Gcve'^rxr^ Council, and AJfernhl'}, and by the authority iftliefarne, TTiat <
every fheritf who hath already removed hlmfclf, or hereafter may remove himfelf out of this province, and
Cfall nof have accounted for the public, county, and parifh taxes, whereby the fecurities of fuch flieriflsj j
have or may become liable for the fame, it fiiall and may be lawful for fuch fecurities, .their heirs, execu- i
tors, or adminiftratprs, to receive ^nd colkft all tfie arrears of taxes y/hich ought to Jiave been col'eifled i
by fuch {heriffs4 and if any perfon or perfons liable to pay fuch taxes, fhall or may f:?il to pay the fame ■
to the fheriff's fecurities as aforefaid, it ftiall and may be lawful for fuch fecurities, their heirs, executors, •
or adminiftratprf, to in^ke diftrefs for jail fuch ;irr.ea.rs of taxes, in the far^ie manrier asfii^riffs are by law ^
empowered to diftrain. ' , ' ■ -• ,
III. Provided ahvays. That no fuch diftrefs {hall be tjiade utitil .piiblic jiqtice be firft given to the inha- j
bitants pf the county, by advertifing the fame at the court-houfc, and feveral chapel^, yKithin (aid COM.?;
ijy, at leaft one jnonth next before fuch diftrefs is iptende^ to be made. " .' •
An a3 toprevent the exportation of unr^erch'intailf $Sf^modities . ^XP. (h^
f HAP. 8. Jin aB for further continuing ai} qB^ entitledyi.^ An a£t for apgpinting a priijtev to this province. E^f . (c) \
• Davis : the original being missing. I have no certifica'e of the rereals.
(a) The original of this act is also missitig. By PavJs's edition it ^ppear« to have been in fcirce for five jjears, and fr^m thencf '\
to the end of the next session of Assembly. '" " " •■ . . i . ? ^ • ■ ■ ^
t Davis : the original Ijeing missing. f . . i
(bj Tie original afl is missing By Davis's edition it appears tohavebeen in force for ten years/rom the parsing of it, atjdfroi^
thence to the end of the next session of Asse.nbiy. . >. - . j
^c J This is a missing aa. By Davis's edition it appears to have Iwen in /orce ,f9r ^irce years from the passing of j;t, ap4 '
from thence to the end of the ae.-it session of Asser.jbly. 1
Not'ce befcre
distress.
CHAP. 7.
1, 1784, 26.
4n aSi for the relief offuch perfont who have or m<^ fuffer iy their derdi and tnefne conveyances not beirtg praved. 1770. 1 7 i
and regillered within the thne her ctofor.e appointed hyla-w. U-v^^J,
sjirx THERE AS many perfons, through Ignorance of the law, h^vo negl<^T:ed to have their deeds and chap. 9.
■ " Y_V "^efne conveyancep preyed and regiflered according to the directions of the feveral affls of affem-
•bly in fuch cafe made an^l provided : for remedy whereof,
II. Be it enacted by the Governor, Council, and Affemhh, and by the authority of the fame. That aU deeds Tr,.»v..,. ,
1 r ^ rij'^ 111- . ••^*./^.. .. curttier time a!"
^nd meiae conveyances (jjjands, tenements, and hereditaments, not already regiftered, ackuowledg^^id or lowed.
proved, fnall and may, '^thin two years after the paffing of this act, be acknowledged by the grantor or
grantors, his or their agents or attornies, or proved by one or more of the fubfcribing witneiTes to the fame,
atid tendered or delivered to the regifters of the counties where fuch lands, tenements or hereditaments
iape refpe£liveiy fiti^ted : and all deeds and mefne conveyances whatfoever which (hfd be acknowledged ^-U^
or proved according to the dire£lions of this aft, though not within two years after the date-of the ref-
peftive conveyances, ihall be good and valid in law, and fliall enure and take efFeft, as fully and efFeftual-
ly, to the ufe and behoof of the grantees, their heirs and affigns, and thofe claiming under them, as \t
Xuch deeds and conveyances were acknowledged or proved, aiid regiftered agreeable to the diredions of any
acl of aflembly heretofore made.
4n aO, to preyenf hunting for, and killing deer in the manner therein mentioned, exp. , chap. 10.
An aBfor the relief of fuck perfom who have or vxay juffir by the lofs of the records in Bladm county, chap. 15.
and for the eleclion ofvelirymenforthepauIJi of St. Martin's,
WHEREAS the houfe of Mr. M-iturin Colville, clerk of the court, and regiiler for the county of Copies of re-
Bladen, and the records of the 0.id county, were lately burnt and confumed ; whereby the eftates ^^^^^^^ ^'^ *^''
.of many orphans, and othet perfons, may be very much perplejcQd and prejudiced : For remedy whereof.
II. Be.it enacted by the Governor, Council arid AJJimbly and by the authority ef the fame. That from and af-
ter the paffing of this a£l:, the copy of any judgment, order, fettlement of orphans, and their eftates, or
other record, or other matter or thing, tranlatled or done in the laid court, or regifter's office, in the
county of Bladen, attefted upder the hand of the clerk or regifter who recorded the fame (in fuch cafe
where the original is deftroyed^ fh^ll and may be given in evidence in any difpute or controverfy, in any
court whatfoever, and fliall have the fame weight and credit given to it as the ojiginal record, might or
i>ught to have, could it have been produced.
**^ III. And be it further enatled by the authority aforefaid. That where any perfons have neglefted t aking CO- Where origi-
pies from the clerk's office, or may have loft them, or have neglected taking their deeds out of the re- "^K^'^'"*,'''^
gifters oiiice, and are delirous to perpetuate the memory of fuch judgojeut, order, probate of any wnl, cords to be
ifettlernent of an orphan's eftate, deed, mortgage, bill of fale, or any other matter or thing tranfafled good,
and done in the faid county court or regifter's office ; it fhall and may be lawful, upon the depofition of
<)ne or more creditable perfon or perfons, taken in writing, and fworn to in open court, at any time
■within three years after the paffing of this aft, of the contents or fubftance of fuch j udgment, order, pro-
bate of a will, fettlement of ap orphan's eftate, deed, mortgage, bill of fale, or qther Inftrument of wri-
ting whatfoever, and that th^ original record was burnt as aforefaid : Which depofition (h^l be recorded
in the minutes of the court, certified by the clerk, and regiftered in the regifter's office, in the faid coun-
ty ; for which fervice the faid clerk or regifter ihall be allowed a fufficient reward, at the difcretion of
the juftices of the county court : to Be paid out of the county tax.
,' , IV. And be it further enafied. That fuch record fo made, fhall and may, at all times hereafter, be Such records to
pleaded and given in evidence, and have the farne validity, in any caufe or court whatfoever, as the ori- ^ g"veninevi-
■;ginal would have, could iciiave been produced,
f^ V, Private, ' ■ '
An aSi for the better fettling, regulating, and improving thi town of Beaufort, in the county of Carteret •, and CHAT. \6.
for annexing Occacock ifland to the faid county.*
X^All but the eighteenth feElion being entirely of a private nature, immaterial to be inferted.'\
XVIII.- k ND whereas part of Hatter as banks, adjoining the bounds of Currituck county, from the Part of Hatter.
XjL P'=*ce where Hatteras inlet formerly was, and extending weftwatd to Occacock jnlet, is ** ''*'^s a^<d
• Davis: 1 he originals being nHsaiiig.
Vol. I. ° ° " y
1
to Carttiet.
174< 1770. not inclut'e;! in any county within this province ; ^y which- tfieins the inhabitants thereof are n'of KaM^
J to pay any taxes, or perform any public duties whatfoever .• For remedy whereof, Beit eiiaBedby the w
thority aforefajdy That from and after the palling of this a^l, all thaf part of the fa id banks from the low-
beach, which runs acrofs the fame to th6 fea fide, and where Hattetas iniet foi'merly was, extending
weftward to Accomack inlet, Ihall be forever hereafter annexed to the county of Carteret, and ihai] be
held, taken, and deemed as part of the fame: and the inhabitants thereof (hall be liable and fubjecl to the
fame duties, taxes, and impositions, and entitled to the fame privileges, benefitgy and advantages, as the
other, inhabitants of the faid county of Carteret.
An additional and e>tp!afiato}'y act to an act, entitled, "An aft for regulating the fcveral ofBcers fees with-
in this province, and afcertaining the method of paying the fame ; and for taxingi^w fuits.*" £XP,
An act for granting a /alary (o the chief jujiice, out (tfthe contingent fund. EXp.
CHAP. 19.
CHAP. 20.
CHAP. 22, ^n -oEi for ereEiing part of Johnfion, Cumherlani and Orange counties, into afeparate and diHinSI county^ by the
name of Wake county and St. Margaret's parifb.
'HEREAS the large extent of the faid counties of Johnfton, Cumberland and Orange, renders it
grievous and burthenfome to many oi the inhabitants thereof to attend the courts, genetal muflrers,
and other public meetings therein .•
Wake erefled. II. Be it enacted hy the Governor, Council, and Ajjembly and by the authority of the fame. That from and after
the twelfth day of March next after the palling of this zGi, the faid counties of Johnfton, Cumberland and
Orange, be divided by the following lines, that is to fay, beginning at Edgcomb line on Moccofon fwamp,'
a mile above James Lea's plantation, running a dired: line to Neufe river, at the upper end of John Bed--
dingfield's plantation ; the i to David Mimm's mill creek, between Mimm's mill and Tanner's old mill :
then the fame courfe continued to the ridge which divides Cumberland and Johnfton counties : then a
ftraight line to Orange line, at the lower end of Richard Hill's plantation, en Bucckhom ; then the fame
courfe continued five miles ; then to the corner of Johnfton county on Granville line ; then with the fams"
Rne and Bute line to Edgcomb line, and along Edgcomb line to the beginning ; be thenceforth erefted'
into a diftinft county and parifh, by the name of Wake county and St. Margaret's pariili.
[Jhe remaining feiiions altogtther of a private or a temporary nature."^
CHIP. 24). An aSl forereBing a neiu county between the town of Salijbury and Hilljbaroughy by taiingparf tf thtcouiitles of
Rowan and Orange.*
WHEREAS the great extent of the refpeftive counties of Rowan and Orange, render the attendance
of the inhabitants of part of Rowan county, and the inhabitants of the upper part of Orange coun-
ty, to do public duties in their refpeftive counties, extremely difficult and expenfive : For remedy whereof,
II. Be it t nacted by the Governor, Council, and AJ/embty and by the authsrity of the fame. That a line begin-
ing at a point twenty-five miles due weft of HiUftjorough, running thence north to the Virginia line, then
weft to a point due north of the Painted Springs, then fouth to Anion line, then along Anfon and Cum-
berland lines to a point due fouth of the beginning, then north to the beginning, be credled into a diftinft-
county by the name of Gkiilford county, and Unity parilh,
[,The remaining Jections altogether ofaprivate or a temporary nature.'^
CHAP. 25. An actjor authorizingPrfJbyttrian minifltrsy regularty called to any eon^regaticH within this province,
■*"">P ^^^* to jolemnizt the rites of matrimony , under Pfie regulations therein mentioned, (a J
CHAP. 26. An act to amend and contiufie an act •' for faciHtating the navigation of port Bath, port Roanoke, and
port Beaufort." exp.
• Davis : The originals being missiflg.
(a) Thisaais said by Davis to have been repealed by proclatnatior.^t vftis passed with a suspending clause, dedarintit should
Jave no efleiiuU his Majesty's approbation of it wai^had. -~ ■■ . ^
GuilCatd erefl-
sl« det for ef}ahlifhittg a niiv iouniy hetiveen Campbelton and Hill/borough, by taking the fotithern part of the inha- 1770. 175
hitants ff Orange counly^ and by erecting the same into a dijiinct county, by the name of Chatham county, and St. u*'-y->0
Bartholomew pari/fj.* >. ■ ■ * CHAf. 27.
WHEREAS the great extent of the county of Orange renders the attendance of the hihabitants of
the fouthern part thereof to do' pubUc duties extremely difficult and expenfive : For rensedy
whereof, ' ,
II. Be it enaSled by the Govermr, Council, and Affemhly, and by the authority of the fame, lih2.titomvad.^hex Chatham erea-
the firft day of April next, the inhabitants of the county of Orange, lying to the fouthof a point fixteen *'^'
miles due fouth of Hilliborough, and bounded as follows, to wit, begining at the aforefaid point, running
thence due weft to Guilford county line -, thence fouth along Guilford county line to Cumberland county
line ; thence along Cittilberland and Wake county lines to a point due eaft of the beginning ; thence due
. weft'to the beginning; be eredled into a diftind county by the name of Chatham county, and St. Bartholo-
mew parilh .
[The remaining fsBions altogether of a private or a temporary nature.'^
An aSi to regulate the ijfuing (f marriage licences.^ CHAP. 28.
Provided for 1, 1778, 7,
An a8 for further continuing an a^ « for the reftraint of vagrants, and for making provifion for the poor, chap. 29.
and other purpofes.* exp.
Ah aB to d'reS Iheriffs in levying extcutions, and the difpifal of lands, goods, and chattels taken therein.* exp. chap. 83;
An act for the more advantageous dnd eafy manner oi obtaining partitions of lands, in coparcenary faint chap, Stj
tenancy, and tenancy in common*
WHEREAS the proceedings by the common law upon writs of partition between coparceners, joint
tenants, and tenants in common, are tedious, chargeable, and often inefFe£lual ; and whereas the
lands belonging to coparceners, joint tenants, and tenants in common, frequently lie in different counties
and diftri£ts, and great part of the lands in this province are fo extremely poor and barren that they will
not admit of a minute partition, as in England, where every fingle acre is feparately of real value, by rea-
fon of which divers perfons having undivided parts or purparts are greatly opprefled and prejudiced, and
the premifes are frequently wafted or deftroyed, or lie uncultivated and unmanured, fo that the profits of
tlie fame are totally or ift a great meafuTe ioit ; for remedy whereof,
II. Be it enacted by the Governor, Council, and Affembly, and it is hereby enacted by the duthmty oj the fame, Manner of of>-
That from and after the paffing of this a£l the demandant for the partition of any i^nds, tenements, or he- t=*'"'ns ?»»""'
reditaments, fliall file his or her declaration in the office of the fuperiot court virhere the fuit {hall be
brought ; whereupon a fummons or fummonfes, together with a copy or copies of fuch declaration, {hall
be iffued by the clerk of fuch court, direfted to the tenant or tenants to the a£lion, and returnable to the
fcourt from whence the fame ilTued, commanding him, her, or thein* to appear thereat ; and if upon the
fervice of fuch fumimons or fummonfes, the tenant or tenants to the aftion {hall fail to appear or plead*
the court may proceed to examine the demandant's title arid quantity of his part and ptirpart, and accord-
ingly as they {hall find his right, part and purpart to be^ they {hall for fo much give judgment by default,
and award partition to be made, according tor the rules hereafter mentioned, whereby fuch proportion,
part and purpart, may be fet out feverally ,• w'hich havmg executed, after giving ten days notice to the o-
iher paities, or if they cannot be found, to the occupiers ot tenants in aftual poffelfion of the premifes
(where fuch occupier or tenant in poffeffion is not demacndant in the afiion) and returnedy and thereupon
final judgment entered, fliall be good, and conclude all perfons whatfoever, after notice as aforefaid, what-
foever right or title they have, or may at any time claim to have, in any of the me{ruages, larids^ tene-
ments, and hereditaments, mentioned ini the faid judgment and writ of partition^ although all perfons
concerned are not named in any of the proceedings^ nor the title of the tenants truly fet forth.
-III. Provided always. That when the tenant or tenants to the aftion live out of this province, that thert "Tinaiits cut of
irid in fuch cafe a fervice of the fummons, with a copy of the' declaration, upon the lawful attorney of jheprovince,
i"»c^ abfent tenant or tenants, fliall be deemed a good fervice ; and provided al/of that in aU fuch ^afej J^^^^J*"*^® '^'
1 O^yis • The OTig|malg bein^ missing^
Prov'so, for ii •
fains, &c.
*''^ 11
IVe 1770. when the tenant or tenants to the zQ:ion live out of this province as aforefaid, the court (hall, be!br* afepr a
V^,-v*>J judgment by default be entered as aforefaid, allow an imparlance to the next fucceeding term, or further^
as the cafe may reafonably require, in order that fuch aWeat tenant or tenants may have notice to appear
and defend the a£tion, if they think nt. V" '" -^
IV. Provided ahvaysy That fuch perfon or perfons concerned, or arjy of them, againft whom, ortheir'l
right or title, any judgment by default (hall be given, be at the time of fuch judgment under the age of 1
twenty one years, feme covert, of unfound mind and memory, or abfentout of this province, without a- i
ny attorney, la^ully and fully empowered, refiding therein, may, within the fpa,ceof five years after the
removal of fucK difabiiity, apply themfelves by motion to the court where fuch judgment is^ entered : and
if upon fuch motion they fliall (hew a good and probable matter, in bar of fuch judgment, Vf that the de-
mandant hath not title to fo much as he hath recovered ; then, and in fuch cafe, the court may fufpend
fuch judgment and admit the tenant or tenant? to appear and plead, and the caufe (hall proceed accord-
ing to due courfe of law, as if no fuch judgment had been given ; and if the court upon hearing thereof,
{hall adjudge for the firft demandant, then the firft judgment (hall (land confirmed, and be gOOd againft I
all perfons whitfoever, except fuch other perfon as ihali be abfent or difabled as aforefaid ; and the per- j
fon or perfons fo appealing, (hall be awarded thereupon to pay cofts, or if within fuch time or times as a- '
forefaid, the perfons concerned admitting the demandant's title, part or purpart, ftiall ftiew to' the court .
any inequality in the partition, tiie court fhall award a new valuation, and make partition in prefence of
all parties concerned (if they will appear) notwithftanding the return and filing upon record of the former
valuation ; which faid fecond valuation and partition returned and filed, (hall be good and firm for ever
againft all perfons whatfoever, except as before excepted. • • ^ .
V. And be it further enaSedb-^ the authority aforefaidy That upon any judgment being given for fuch de-
mandant, and the meffuages, lands, tenenients, and hereditaments, in fuch judgment mentioned, hap-
pen to lie in different counties, the courts in which fuch judgment fliall be obtained are authorized and im-
powered, and they axe hereby required, to iffue^writs, direiSted to the (hieriffs of the feveral counties where
the lands', tenements, and hereditaments lie, commanding them, that by inquifition, in due form of law,
they fliall caufe the lands mentioned in fuch judgment to be valued, and fuch valuation to be returned
with the writs, under the hands and feals of thofe by ^vhom inquifition fliall be made ; upon which the
court fliall proceed to make partition, giving the demandant his part and purpart in one county, unlefs
where the lands, tenements, and hereditaments, lie on both fides of a water which divides two counties,
and it may be uecelTary, for the advantage of the different parties, that fuch lands fliould not be feparated,
or unlefs it fliould prove otherwife injurious to the parties, in which cafe the court fliall make partition iu
the moft equitable manner they can. ■ , ^. , . n „. r j
VI Atid be it further enacted by the authority aforefaidy That wiiere it fliall he tound necefiary, m order
to make a more equal partition, that any of the lands, tenements, or hereditaments, mentioned in fuch
.iudgment, fliould be divided into two or more palfts, the court (ball order a writ or writs of partition to .
iffue to the county or counties where fuch lands, tenements, and jiereditaments are fituated, command-
ing the flieriff or flieriffs of fuch county or counties to make partition of fuch lands, tenements, and he-
reditaments, into fuch proportioiiS and value only as fliaU be necefl'ary to make, as near as may be, an e-
qual partition of the whole meffuages, lands, tenemenis, and hereditanlens. mentioned in fuch judgment,
and order the flieriiTs of fuch counties refpeaively to put the demandant ui poirelfion of his or her particu-
lar part purpart, or ftiare thereof : which valuation and partition fliall be returned by the flieriiF or flie-
Pcoce°dinr,
were lands lie
in different
counties.
Where d'vlded
in two or raoiC
paitt.
Whrre In dif-
ferent disiri£ls.
ITo suit unless
part of the
«laitn is in the
4istri<5l. °
nffsasaforefaid, to remain among the records of the court. •' , , , ' ,, _,.
VII. And be it further enaBed by the authority aforaaid, That where die laads, tenements and heredita
trary in any wife notwitliilanding. „. , . u j-. . n. n u
VIU Provided alwaysy That no fuit for partition of lands, tenements or hereditaments, fliall be com- ,
menced in any fuperior court of this province, unlefs part of the demandant's claim he within the diftria •
ofthecourtin which the fuit is brought. . „ ' , i. u- i. n, -ar u r cr i r
IX And b' it further enacted by the authority afore/aid, That when the high flierifF, by reafon of ficknefs,
or any other difabiiity, cannot be prefent at the execution of any judgment, m partiuon ; m iuch cafe, th^ |
''Dnder-fheriff, duly appointed and qualified according to h\v, in prefence of two jufttces of the peace of 1770. J 77
the county where the lands, tenements and hereditaments to be divided lie, (hall and may proceed to ex- '-••-v^O
ecution of any writ of partition, by inquifition in due form of law, as if the high-flieri^ were then perfon- Manner or pro-
ally prefeat ; and the hieh-fheriff thereupon fhalj, and he is hereby enabled and required to make the fame t ,',? ^"''^ '^
return, as it he were perlonally preient at luch execution. And m cale luch partition be made, returned ^a.
and filed, he Or they, ^at were tenant pr tenants of any of the faid mefluages, lands, tenements and here-
ditaments, or any part, or purpart thereof, before they were divided, (liall be tenant or tenants for fuch
piart, fetout feverally to the refpeftive landJords or owners thereof, by and under the fame conditions, rents
covenants and re'grvatioris, where they are or lliall be fo divided: and the landlords and owners of the ^ ...
feveral parts and purparts fo divided and aljotted as aforefaid, fl all wavr;.nt and make good unto their ref- lar.dlon'is and
peftive tenants, tlie faid feveral parts feverally after fuch partition, as they are or were bound to do by any tenants auer
leafcs or grants of their refpeftiye parts before any partition made : and in cafe a^y demandant be tenant P=^»'»"°n«
in actual poffeflion, to the tenant to the aftipn for his part or proportion, or any part thereof, in the mef-
fysges, lands, tenemetits, and hereditaments, to be divided by virtue of a writ of partition as aforefaid. for
any term of life, lives, or years, or uncertain intereft, the faid tenant fhall ftand and be poflefled of the faid
purparts and proportions, for the like term, and under the fame conditioMS and covenants, as when it is fet "
out feyerally, in purfuance of this, or any other a£t, ftatute or law to that p.arpofe.
X. Arid be it further enaSed by the au:hority afonfaid. That the refpective Iheriffs, their under-fberlfFs ^^"•°"S''f'''rs
. aod deputies ; and in cafe of ficknefs, or difability in the high-flieriif, all jaftices of the peace within their '"^S'e<aiiigtoat.
refpe£livc counties, Ihajil give due attendance to the executing fuch writ of partition, unlefs reafonable ^'^"''' ^'^'
. caufe be {hewn to the court .upon oath, and there allowed of, or otherwife be liable, every of them to pay
.' unto the demandant or plaintiff, fucji coft§ and damages as {hall he awarded by the court, not exceeding
ten pounds, proclamation money ; fw which the demandant may bring his adlion in any court having cog-
nizance thereof ; wherein no ^flgln, prote£lion, privilege, or wager of law> fhall be allowed : and in cafe ^^'^^' ^'^''
the demandant doth not agr^e to pay unto the Iheriffs, juttices and jurors, fuch fees as they {hall refpec-
tively demand for iheir attendance in the execution of the fame, and returning thereof ; then the court
ftiall award what each perfon {hall receiV;e, having refpedt to the diftance of the place from their refpec-
tive habitations, the laws o.f this province, and the time they muil aeceffarily fpend about the fame, for
which they may feverally bring their a£t,ions as afore{aid.
XI. And bcit further <-«fl<7?<'fif. That the demandant in any fuit for partition of lands, tenements, and here- Den^andantnot
torecovercosts.
dttamsnts, (hall not recover cofts, unlefs it appears to the court , that the tenant or tenante to the adion, unj^L tenant
pjevious to its commencement, refufe to make partitipri. ' ' refuse parthion.
-XII. Proveded alivays, That this aft, nor any thing herein contained, {hall extend, or be conitriied to Court of Chan.
.extend, to alter or abridge the power of the court of chancery in this province, in the partition of lands '^"^'^ power
.tenements, or hereditaments j any thing herein qontamed to .the contrary thereof, in any wife, notwith- ^°^ *^'^i'^S«=l'
itanding.
XIII. And be itftfrther enaBed by the authority aforefaid^ That this a£l {ball be and continue in force for Continuance,
and during the fpace of {ive years, from and after the paffmg hereof, and to the end qf the ' next feffion of V'xj^^ u
a^Tembly, and no longer. ' > i' 1778 ^.
An a£i to prevent card piayingy ^nd other deceitful gaming. chap. 35i
Revived 2, iT77, U. .1, 1778.5. but rep. 2 1788, 5.
4n oB to indemnify the feveral Iheriffs who have not coUeBed the onefhilling tax per poll, for finking the twelve CHAP. 35.
thoufand pounds granted in the year enethoufandfeven hftndredandftxty, and the tax oftivofhillingsperpoU^for
finking the twenty thoufand pounds granted in thg year one thoufand feven hundred and ftxtj-one ; and to direB
fuch Iheriffs tuha havt received the faid taxes ^ tg refund the fame to the people from vihom they received the faid
taxes.
WHEREAS it was refolved the affembly in December, on? thoufand feven hundred and {ixty-eight
that the tax of one {hilling per poll, for finking the twelve thoufand pounds granted in the year
«ne thoufand fev&n hundredand fixty, and the tax of two {hil'jngs per poll, for the linking the twenty thou-
fand pounds granted in the year one thoufand feven hundred and fixty-one, have had their effeft, and
/ought not thenceforth to be coUeBed ; and it being doubtful whetlier the {heriffs are not liable to account
far, and pay tlie faid tajtes into the .treafwry notwithftanding the faid refolve : for remedy whereof.
Vol. I. • 2 z .
1 T8 1 770. II, Be it enaBed hy the Governor, CouncV, and AJTemhly, and hy the authority of the fiime. That no disrin", of
u*-v"«0 other coHe€lor of the public taxes, (hall be liable to account for, and pay into the treafury any part of the
Trixf snot lobe one fiiilling per poll, for finking the twelve thmxfp.nd pounds granted in the venr one thoufand feven hun-
dred and fixty, or any part of the tax of two {hillings per poll, for finking the twenry thoiifand pounds
granted in the year one thoufand feven hundred and fixty-one, which hath become due atid payable fince
the laft day of December, one thoufand feven hundred and fixty-eight, ior or on accoU.it of any coJiec-
tion of taxes ; any law, ufage, or cuftom notwithftanding..
»yhere e^''f^<S- III. And whereas fome flierifFs have proceeded and collefted' either the whole, or forhe part of the faid'
'" "" ■ taxes, fince the pauing the faid refolve, alledging that they would be liable to account for the fame with
the treafurer ; Be it enaBedhy the authority aforejaid., That where any iheriff, or other colleilc^r of public'
taxes, hath received from any perfon or perfons whatfoever, any part or the whole of the aforefaid taxes,'
on the colledlion of any taxes becoming due fince the laft day of December, one thoufand feven hundred
j; and fixty-eight, fuch ftierifF or colleflor fhall (on requeft of fuch perfons, at any time after the tenth day
of March next) refund and pay to the perfon or perfons from whom He received the faid tax, or any part
thereof, the whole fum which he fhall have received, on account of the one fliiliing and two (hilling
fmking funds aforefaid ; to be recovered by warrant, from any juftice of the peace, on the plaintifF^s pro-
ducing a receipt from fuch (herifFor colle£lor, and it appearing to the juftice that the faid taxes, or any'
part, were a£lually received by fuch fherifF or coUeftor. ,
To be discount- IV. PreviJ:d neverthele/st Thzt where any (herifF or colleftbr wlio hath received the whole, or any'
177q! ** " P^^' °^ '•^^ ^^^'^ taxes, and is continued in office to colledt the taxes for the year one thoufand feven hun-
dred and feventy, may retain frxh fums as he hath received on account of the aforefaid taxes, until he
doth receive the taxes for the year one thoufand feven hundred and feventy ; and he is then direfted and
required, to difcount fo much of the faid one (hilling and two (hilling taxes, as he hath received hereto--
^ fore according to the true intent of this a^fl. And if any (herifF or coUedor of the public taxes, fliall have
disco!m7wt!°re P^*^ into the treafury any part of the faid one (hilling or two (hilling taxes afofelaid, which hath been
the tax has been collefted on account of taxes becoming due fince the laft day of December, one thoufasd feven hundred
paid them. and fixty-eight, it (hall and may be lawful for fuch (herifFor colleftor to demand and receive of the trea«-
furer or treafurers, to whom he (hall have paid any fuch taxes, all fum or fums of money which the faid
(herifFor colieftor paid him, them, or either of them ; to be recovered by adtion of debt in the fuperior
court of the diftridl wherein thetounty is fituated, ot whichftich (herifF is or was colleftor.
_ Taxes to cease. V. nd he it further enaBed by the authority aforefaid ^ That neither of the aforefaid taxbs of one or two '
(hillings, (hall be demanded, taken ©r received, of or from- any perfon or perfons whatfoever hereafter, on'
any pretence whatfoever.
CHAP, 37. An additional a(t to an acty entitled, *< An a£l for defraying tKe contingent charges of government."
Tempotaty, and I presume it had its eftefl.
CHAP. 39. An act for afcertaining the boundary line between the county of Rotvan, and the counties of Mecklenherg and
Tryon ; and for appointing commijjf oners to run the fame.
WHEREAS the boundary line between the county of Rowan, and the counties of Meckleriberg:
and Tryon,hath not as yet been afcertained, by reafon whereof the inhabitants within the difputed
bounds of the faid counties refufe to give in a lift of taxables,.oi- pay their taxes in any of the faid counties ;
Commission. II. Be it enacted by th? Governor ^ Council and Affembly^ and hy the authority of the fanie^ That Thomas
**■*• Neil, Thomas Polk, Matthew Locke, Griffith Rutherford, and Peter Johnfton, Efquires, be appointed
commiffioners ; and they, or a majority of them, are hereby empowered and required, to run the di--
viding line between the faid county of Rowan, and the counties of Mecklenberg and Tryon : beginning
at Cold Water, where John Patterfon's upper line crofFes the creek ; thence due "Weft lintil it interfeds
the Cherokee Indian line ; which faid line, when run by the commiffioners aforefaid, or a majority of
them, (hall by them be entered on record in the court of each of the faid counties, and fliall hereafter be
deemed and taken to be the dividing lines between the faid counties. ■
III. Temporary,
CHAP. 40. An aB for fecuring and ptli^erving the titles of the freeholders in this province.*
WHEREAS through the negledl and mi fmanagemetit of perfons, who have heretofore been regif-
ters ia this proviRCe^ many of the books wherein the couvt;yances of lands within feveral of the
• Davis : tUs Oiiginrti be^uj; nus.ing,
^-durtles ai'e reulf^.ered, are fo abufec! and defaced, as to be almoll Hmntelllgibte, and In danger of being. 1770. 179
tntirely loll, anH arri fotne of them removed to, and difperfed in oUier counties, whereby the freehol- ^^^v^O
^"TSe ^tf^^lS;;;i^^£^X^«a/.«<f #«^/y ^^ th. .^aA.WO- ^^*^>->That the juftlces R-;J^|^-
bf the inferior court of any county, or any feven of tiiem, at any court held between the paiTing of this ^^^^; P
itt and the firft day of May, one thouland feven hundred and feventy-two, may, ai:d are hereby empow-
*d to appoint fomeperfonor perfons to collecl together all the books or papers, wherein are regiftered
the conveyances cf lands in their refoedive counties, and to make a fair copy of the fame into a book or
books,' well bound -in calf or vellum ; and the fame being fairly copied into the faid book or books, to
Tirefent to the court for their approbation. \. , , -n . i.
^ III. And the faid book or books being approved of by the court, irv;order to prevent frauds, and cor- -^^^^^If^
tea errors- Be it further cna5ied by the authority aforefaid. That fix perfons be appointed to examine and ^^^Si^^
torrea the'fame, in manner following, to wit, two of them by the court, two of them by the veltry, copies.
' and the other two of them by the freeholders" of the faid county, or a majority of them : And in-order
that the freeholders ba properly convened for that purpofe,. the Juftices of the inferior court are hereby
empowered, to direcl the Iheriff of the faid county to fet up advertifements appointing a day for the
faid freeholders to meet at the court-houfe of the faid county, to eleft and choofe the faid two perfons
for the purpofe afor^faiJ ;■ and the IherifFis hereby direfted-to attend at the court-houfe on fuch day as
fliall be fo appointed for the eledion aforefaid, andlhall take a lift of the names of the voters, and the
votes given in by each freeholder in his proper perfon, and the poU kept open until ^"^nfet; and the
(herifFfhall declare the perfons who have the greateft number of votes duly eleded, and fhall fign the
ooU. and return the fame to the next inferior court to be filed by the clerk among the records of the faid
Luntv the chrk having firft made an entry of the names of fuch perfons fo eleded on the niinutes of
the faid court ; and the perfon fo appointed and eleQed aS aforefaid, having examined the^ faid book or
books and compared them with the originals, and correfted any errors that they may find in the fame,
fhall certify the fame, on oath, in open court; which certificate fhall be entered on the .lunutes of the
feid court, and alfoin the faid bdok or books •, which certificate fo entered in the fiid book or books,
(hall be figned by fuch perfons fo appointed as aforefaid to examine the fame, and be attefted by the
«5lerk" in open court : And all deeds and conveyances of lands, inferted in the faid book or books as afore-
faid. from the old regifters, books, and papers, fliall be deemed and taken to be duly regiftered and ^,^p.^^ ^^^.^^ ^^
certified copies from the faid book or books, and ftiall be of equal validity with copies of deeds from this adl direas
aTiy other regifter's office within this province, any law, ufage, or cuftom, to the coiitrary, notwithftand- vahd.
K"?V. And belt further enaBed by the authority aforefaid^ That it fhall and may be lawful for any perfon J";-;;^"/ 1^'
i or perfons, fo appointed and eleded as aforefaid, to coUeft the books and papers wherein any convey- p^:^,^^^
anceofland within the faid counties are regiftered, to demand and receive the faid books and papers
from every perfon or perfons who may have the fame, or any of them, in his or their pofleffion : Arid
\ in cafe of the refufal of any fuch perfon or perfons, fo poffefled as aforefaid, it fliall and niay be lawful
for the fuperior court of the diftria, on motion, after ien days previous notice given to fuch perfon or ^^^^^ ^^^_
perfons fo refufing, and on the faid faas appearing fufEciently to the court, to order and adjudge he or ^^^^ ,^ ^^^-^^
they be committed to clofe gaol, without bul or mainprize, until he or they fliall caufe the faid books books to be
and papers by him poffefle'dr to be delivered to the perfon or perfons to receive the fame, and fliall alfo commuted, &c.
pay and fatisfyaU fuch cofts as may accrue by reafon of fuch motion. . ^i . .t ^ . . _,
V. And be it further emaed by the authority afc^- faid, That the inferior court of the county ^here the Copiestobede-
^ faid records fliil be fo exammed and compleated, fliall deliver to the regifter of fuch county the faid books '-^-d^o -^^
''"'vh^A^b^Tfurthl^t^^^ by the authority aforefaii. That it fliall and may be lawful for the j'uftices Af w-ceto
Of the faid court: to make fuch reafonable allowance as may be thought neceflary, to fuch perfons as-'^^^P™**^
(hall be appoi nted and eleaed for the purpofe aforefaid, to be paid out of the county tax.
VII. And whereas many conveyances for lands in the faid counties certifiea by the regifter to have Al -^v
been regiftered, are not tJbe found in any of the regifters books for the refpeaive counties ; Be tt there- --^^^^ -^f
fore enaEled by the authority aforefaid. That any perfon producing to the regifter of the county whereof he ^^^^ ,^,^^ ^^^^^
ifi rcrifter, any deed of conveyance for lands in the faid county with a certificate thereon endorfed, of tered.
the fame having been duly proyed before the inferior «ourt of the faid county, ot the chief jultice^ or one
ISO 1770, of the aflbciate juft'ices, (hall be eniithd to have the fame regiftered ; and the regifter of the faid coun'-|
U»''V*^ ty is hereby required to regifter the fame, if fuch conveyance be not found in the books, notwuhftantU
ing fuch certificate of regiftration. ' '.
CHAP. ^l. -^n ftct to alter the method of working upon the roads in the counfy therein mentioHtd.f exp. ;
CHAP. 42. -^fi aBfor- dividing the northern part ofRawan county% and ereBing a rieiv founty andparijh, hy the mime ofSur4.
ry county and St. Judi s parijh.*
WHEREAS the large extent of^ the county of Rowan, renders it grievous and burthenfome to many"
of the inhabitants thereof to attend the courts and general mtifters, and pth^r public maefeing^ ij
appointed therein. ' ' ' \
Surry ejeSed. !!• Be it enabled by the Governer, Council, and AJfemblyy and by the authority of the samey That fropi and after. '^^
the firft day of April next, the faid county of Rowan be divided by a line, beginning at a point forty-twp *i
miles north of Earl Granville's line, on Quilfoydi county line ; thence running horth to the Virginia line ,• ;
thence weftwardly along the mountains to the ridge that divides the waters of Yadkin and the Catawba ■"
rivers ; thence along the faid ridge to the north weft corner of Rowah county ; then «aft along Rowan '^
county line to the beginning, be thenceforth erecteci into a diftinct county and parifti, by the name of Sur-» -ii
ry county and St. Jude'sparifti. ■ ' <• '' ' ' \
[The remaining seSlions altogether i^ a private or a temporary nature."] \
CHAP. 43. An aSl for the more speedy recovery of qll debts atid demands under Jive pounds proclamation money ^ luitkin this''
province, exp. ■'■',• i^
CHAP. 44.
4n ti^ t9 encourage anfd support the ejlqbli/hment of a po/l-ojice in this province, (a)
THE TITLES OF THE ]PRIVATE ACTS.
H Aa afl for appointing &oramisBion.ers for cefling and bui'd-
ing a court-house, prison and stocks, for the county of
Trvon.
12 An a<rt to prevent the untimdy destruflicn of fish in Core
Sound, Bogue Sou}id and the streights in Carteret qoun^ty.
13 An a<fl to appoint commissioners for finishing the churcli in
Wilmington, in tj-.e room *nd stead John Du JJois ^.ijd
George' Wakely, Esqu'res, deceased.
14 An ad to establish a public inspeflion of tobacco in thecMin-.
ty of Johtisto.).
17 An afl for the regulation of the town of Salisbury, securing
the inhabitants in their possessions, and to eiricourage thfe
settleinent of the said town. ■ . •
18 An afl to amend an a6i, entitled, " An a^ to eippower (.he
inferior courts of the several counties in this province, to
ordtr the laying out of public roads ; and to establish and
settle ferries; and to appoint v, here bridges ihall be built,
for the use and ease of the inhabitants of this province ;
and to clear navigable rivers and creek'. ."
21 An aa tp prevent the unreasonable destruftion of fish in the
\
%
■ " J
riyers Roanpke an4 Dann, and other water Rinses ttaereht ^
mentioned ' .i
23 An afl for vesting the school-house in Edenton in trustees. |
Sy An ad for appcan'ing arid empowering Mr, William Mobre, J
of Tryon county, to collefl and receive the t;^es whiciv i
were due from the inhabitants cf the said ceiinty for th^ i
year one thousand seven hundred and sixty-eight. \
31 An afl'for appointing trustees,' in tlje toorn and' place of those
■ "■ Heretofore, appointed by an a<3 of Astemblv, ■ passed in the -^
year one thousand seven hundred and sixty-eight, entitled, _,
" an ail^ forbui'rlinga publ c gaol, ar.d gader's house, for j
the distrWl of Ne^vbtni, in tbe t ,\vn of Newbern." ' ''
32 Ai^a^f'"' obtaining a true aiuldisiinin list cf taxable persons *
in the town (^f Newderri^ anti to empower the sheritf tQ 'l
colWft the 'town ta^ies duo from the inhabitants of the sa'dl .]
town. . ' t
38 A« aft to enlafgfe the time for several sherifTs m settle their ;
accounts with the justices of the inferior ccurts of plea; :
and (piarter-sessious of the counties therein mentioned. ' <
Signed by WILLIAM TRYON, Efq. Gi^ve/norl
James Hasell, PreHdent.
RiCHAjiD .Caswell, Speaker.
Bead tbree lipies, and ratified Vi open Asseinbly, the 3€th Day of Janaaij, 1771.
• Davis : the original being missing.
(a) Davis sa) s this afl was repealed by proclamation. I have no certificate ^jP that : Howev;er it was onl/ ^ bp in f^rpe {«
two years, and froBi thence to the end of the>ne^t sessicn of Assembi/,
1771. 181
^t an AS^lvMBLY, begun and heli at Newbern, the Nineteenth Day of J°sf*« ^^m.
' November, in the Twelfth Year of the Reign of our bovereign Lord Govcu^-.'
GEORG*' the Third, by the Grace of God, of Great- Britain, France and
Ireland, King, Defender of the Faith, &c. and in the Year of our Lord
One Thousand Seven Hundred and Seventy-one: Being the Second Session
,of this present Assembly.
^n aBfir impofuig 9 tax of two /hilHwgi, prpjclamaticn moneys perp^ll, ot^ all taxable perfsns •wiihin this province, CHAP. 1.
'' and for granting the money ari/mg from Jucb tax t0 his majejiyf his heirs andfucct(jori,to he applied as herein Temporary.
' after direSed.
An c^ for appointing an agent to /blicit the affair^ of this province at the fever al hoards in England, exp. chap. 5-
api act ta amend an act, entitled, « An a£l what fences are fufficient ;" and tg Qmend and continue an act re- chip. 6.
^' lating to taking upflray horses, (a J
An aEl to indetfinify fuch perfons as have a^ed in defence of government, and for the preservation of the public CHAP. 10.
peace of this province, during the late insurreBionf from vexatious suits and prosecutions,
HEREA3 during the late infurre<SlioD, which began in or about the mpnth of Dec^nher, in the
year of pur lord one thoufand feven hundred and feventy, divers officers of the militia, juftices
.of'the peace, conftables, and other officers and perfons, well affeded to his majefty and his government,
l^n order to preferve our prefent happy eftabliihroent and the peace of this colony, and to fupprefs and
fout an end to the faid infurreiiipn, apprehended and put into cuftpdy, and imprifpned, pr caufed tp be
apprehended, put intp cuftody, and imprifOned, feveral crimiijals, and perfoijis who they fufpe£led had
or might difturb the public peace, or foment or promote riots, tumults, infurreftipns or evil defigns
againll the gpvernment ; and aUp feized and ufed feveral hprfes, arras, and other things j and alfp pret
(ed divers hprfes, carts, and carriages, fpr the fervice of the public ; And for the purpofes afprefaid ep-
iered into the hpufes and poiTeffions pf fundry perfpns, and did divers afts which cpuld npt be juftified
jby the ftri£t fprrns of law, and yet were neceffajry, aiid fp much for the fervice of the pubhc, that they
ought to be juftified by afl of Affembly, and the perfons by whpm fhey were tranfadled ought to be in-
demnificd ;
IL Be it therefore enaSled by the Governor, Council and Affembly, and by the authority of the fame. That all Indemnity a>
perfonal aftipns and fuits, indiQments, informatipns, and all moleftatipns, profecutions, and proceed- p'"^' aaions
ings whatfoever, and judgments thereupon if any be, fpr pr by reafpn pf any matter ok thing advifed, £i°pgjyrin'g"fh«
icommanded* appointed pr dene, during the infurrecEiion, and until the 1 0th day of July, in 0^e year of iasurreAion.
our lord one thoufand feveh huncired and feventy- one, in order to fupprefs the faid infurrecVion, or
fpir the prefervation of the public peace, pr fpr the* fervice pr fafety pf the government, (hall be difcharg-
ed and made vpidj and that every perfpn by whpm any fuch aft, matter or thing, ftiaiU have been fo
advifed. commanded, appointed, or done, for the purpofes aforefaid, or any of them, before the faid
tenth day of July, fiiall be freed, acquitted, ^nd indemnified, as well againft the king's majefty, his
heirs and fucceflbrs, as againft ail and every other perfon or perfons ; and that if any aftion pr fuit
hath been, pr ffiall be cpmmenced pr profecuted againft any perfpn pr perfpns, fpr any fuch a£l:, matter
jor thing, fp advifed, cpmmanded, apppinted, or dpne, for the purpofes aforefaid, or any of them, be-
(aj The suhjea concerning fences provickd for by aft, Nov, 1777, c 22, That conceming]8tjfaj'S provided for by a^St Nov, 1777.
H. 9. June 1781, 7.
Vol. I, 3 A
182 1771. fore tljefald tenth day of July, he, fne, or they, may plead the general iiTue, and give this aa and the
fpecial matter in evidence : And if the plaintiff or plaintiffs fhall beeonie nonfuit, or forbear further pro-
fccutlon, orfufFerdifcontinuance, or if a verdift pafs againft fucb piaintifF oir plaintifFsr the defendant
or defendants ihall recover his, her or their full cofts ; for which he, fhs, or they, fhall have the like re- ,
medy as where cofts by law are given to defendants in othef cafes. -, f.
III. Provided neverthelefsy That nothing herein contained fliail be cohftrued to extend to, or debai any '
perfon or perfons, from his, her, or their right of fuing for and recovering any bonds, notes or book ac-i
counts, detauied from them by any perfon or perfons whatfoever.
An aa to amend an aB, entitled^ « An aft for regulating the pilotage of Ca|)e-Fea» wer, and other pur:
pofes."
the sul>je<ft provided for by subscqnent afls.
An aB to amend an a£i, entitled, «' Ana£t for regulating thefevetal officers fees within this province, and
afcertaining the method of paying the fame." ■
An aa to empower the officers therein nfentonedy in certain cafety to tale the poll at the election of iltettiters- ft
serve in the General Affembly, '
lirS TITLES OF THE PRIVATE ACTS.
Not to extend
to bone's, 8ic.
deiaii.cd.
CHAP. 11.
Rep. by a(ft, ?,
1777, 18. and
CHAP. 12.
Provided for by
subsequent a&s.
CHAP. H.
Provided for by
3, 1777, 4,
2 An ail to alter the method of working upon the roads in the
counties therein mentioned,
3 An aiS lo en-.pewer the church wardens and vestrymen of the
parish of St. Gabriel's in the county cf Duplin, to sell'
the glebe in the said parish and county.
4 An a<5l to enable the freeholders of the parish of St. John, in
the county of Pasquotank, to etedl a vestry, and provide
for their poor.
7 An aft to empower the freeholders of the several parishes there-
in mentioned to ele* vestries for their respeftive parishes.
8 An a«a for the further enabling Francis Lccfce, Andrew Alli-
son, Griffith Rutherford and William Temple Cotes, for-
mer sheriffs of Rowan county, tocoUeft the arrearages of
9 Ah aa to amend an aft, entitled, " An aft for founding, es-
tablishing and endowing of Queen's College, in the town
of Charlotte, in Mecklenberg county."
13 An aift to contitue an a<ft, entitled, " an aft to encourage the
destroying of vermin in the several counties therein men-
'tioned."
ij Aiiuft to enlarge the time for several sheriffs to settle their
actounts with the Justices of the inferior courts ofpleaa
and quar;«r-se5sion5 of the coHuties tUsrcin mentioned.
Ifl An adi for amending an 3(51, entitled, " An afl for erefling ii
ihetowrr of SaKsbiiry a public gaol, pillory and stockl
for ihediStrifl cf Satisbnry, in this province,"
17 An afl for amending am a<ft, entitled, " /\n aflforthe befti
regulation of the town of Nevrbern, and for securing thi
the titles of persons who ho!d lets in the said lowi-," j_
19 An aft for laying out a town on the lands of Richard Evanj
in Pitt comity, by the name of Martinborough.
19 AnaA for buildmga court-house in the town of S'atiibutyj
for the distrid of Salisbury.
20 An aft to amend an aft, entitled, '< anaft for the regulatu
of thetown of Wilmingten." _
21 An aft forerefting in the tow n of Hillsborough apublicgao||
and gaoler's house, for the distrift of Hillsborough, in thii
province.
22 An aft for laying out apublic road frorh the frontiers of thi|
province through the counties of Mecklenberg, Rowaq
Anson and Cumberland, to Campbclton,
23 An aft for appointing and empowering Francis Mosely,
Anson county and James M'Coy, of Rowan county, ti
colleft and receive the taxes which are due from the in
habitants ot the said counties for the year one thousara
seven hundred and seventy.
Signed by JOSIA-H MARTIN^ Efq. (^w;»-wr,
James Hasell, Freftdent,
Richard CaswelL} Speaket^^
1113. 133
At an ASSEMBLY, begun and held at Newbef.rt^ the Twenty-fifth Day of JosiahMar-
January, in th« Thirteenth Year of the Rer^ of our Sovereign Lord veraon'^'
GEORpii- the Third, by the Grace of God, of Great-Britain, France and
Irelandi, King, Defender of the Faith, etc. and in the Year of our Lord One
Thousand Seven Hundred and Seventy-three: Being the First Session of
ihis Assembly;
jiiiaSl for dividing the province into fn< feveral dlflriBs, andforeflahlifJjingafuperiofcourtofju/iiceineachHf gji^p |> ;
the faiddi/iriBs \ and fo'^ fjlahlil^ng inferior courts of pleat and quarter-fejfwns in the se
province^ and regulating the proceedings therein, (a) \
Art aSl to regulate and afcertain the fees of the clerks of the pkis in thejuperior and inferior courts in this colony-y ^jij^p. 3
direEling the method ^fpnyitig thefamcy and for taxing law-fuits. EXp.
An act for the relief of infolvent debtor Sy luith re/pec t to the imprifonmeni of their persons. OHAP 4^
I; T> E ii enabled hy thi Governor y Councily and y4ffembly,and by the authority ofthefamty That if any perforl Re|). hy proda,
\j or perfons nd\«r are,' or hereafter Ihall be taken or charged on mefne procefs or execution for any mation, but re-
debt, and fhall'have remained in cfofe prifon by the fpace of tweBty days, it (hall and may be lawful for VI^t '^i4'^'i^*
two jullices of the peace, or anjr two'of the judges of the inferior, or any ofte of the judges of the fuperiot u^S, s. '
courts of this province, either in ot out of court, upon petition or petitions of fuch prifoner, under his or prisoners for
their hand's and feala, whereof notice (hall be given tatheperfon or perfons, his or their executors, admii debt not worth
niftrators, attornies, or agents, at' whole fuit fuch prifoner or prifoners (hall be imprifoned, to require th6 40s liberated,
fheriff, gaoler, or keeper of any prifon, within their refpe£l:ive jurifdi£lions, to bring before fuch juftiices
of the peace, judges of the inferior court of pleas arid quarter-feffions, or judge of the fuperior court, ifTu-
ing fuch warrant, either in or out of court, the body of any perfoh being in prifon as aforefaid, together
with a lift of the feveral wtits, mefne procelTes, and executions, with which he, (he or they, is or are char-
ged in the feveral gaols as afofefard ; which warrant every fuch (herifF, gaoler^or keeper, is hereby com-
manded taobiey : and fuch prifoner or prifoners coming before the faid juftices or judges, (the creditor or
creditors,' if refident in thiis province, at vvhofe fuit he is confinedy being (irft perfonally fummoned, ac-
cording to' the dire£Bons of this a£t) if he, (he, or they have no vifible eftate, real or perfotial, and (hall
make oath before the faid juftices of the peace, or judges of the inferior court, or judge of the fuperior
court refpectively, ilTuing fuch warrant, that he hath not the worth of forty (hillings, fterling money, in
any worldly fuhftance, either iri debts owing to him, or otherwife howfoever, over and be(ides his wearing
apparel, working tools and arms for mufter ; and that he has not at any time finae his imptifonment, or
before, direftly or indirectly fold, alTigned, or otherwife difpofed of, or made over, in truft for himfelf or
otherwi(e, any part of his real or perfonal eftate, whereby to have or expeft any bene(it or profit to him-
felf, or to defraud any of his creditors to w;hom he is indebted \ and if there be no perfon prefent that can
prove the contrary, then fuch perfon, by fuch court or juftices, without form of trial, (hall be immedi-
ately fet at liberty, and (hall ftand forever difcharged of all fuch debts fo fued for, and all cofts of fuit :
but in cafe fuch perfoh (hall afterwards be difcovered to have fworn falfely, he (hall be indidled for perju^
ry i and if convifted, fhall lofe both his ears in the pillory, and be liable to fatisfy the debt and damages,
aud be rendered incapable of taking the behe(it of this adt.
fa) The last clause of this afl was as follows: " Provided, That the Execution of this adl be suspended and deferred, till his
Majesty's Royal Will and Pleasure b=i known thereupon." And the King signified his disapprobation of iu— Part of tU^orig^nal of
this adl is mis»rig.
184f 1773. II, ^nd is it further ena8ed^ Tliat the faid juftices of the peace, judges of the inferior, and judge qf
t-K'v-Vi.' the fuperior court, refpe£l:ively, before whom fuch prifoner or priibners fhalj, ypon oath, have difchargecj
J"**'"^' ^'^ '° themfelves, when the proceedings are before them out of court, fhall put the faijfi.e in writing, under their
ceed^rgs and" J^^nds, and return the fame into the court from whence the mefne procefs or execution illued, there to be
make return to kept on record, under the penalty of five pounds, proclamation money, for each judge or juftice for fuch
court; pe naltj . omiffion and negleil } to be paid to the perlon iujured, by order of the faid court. ^
P.ison'rmay III. .ifid be itjurther enacted^ That if any perfcn or perfons now ar,e, or hereafter (hall be taken or char-i
delverhisef- ggj in mefne procefs or execution for any fum, apd fnajl have rem^n6d in prifpn by the fpace of twenty
days, and fhall have any eftate, real or perfonal, and be minded to deliver up his, her, or their efie(3s, to
his or their creditors, it fhall be law^ful for fuch prifoner to prefer a petition to the court frgjn ifvhence the
procefs iflued, fetting forth the caufe of imprifonment, and an exaft account of his or th^ir eflate, and all
circumftances relating thereto ; which petition, fubfcribed by him, her or them, and fchedu'e, fliall b^
lodged with the clerk of the faid court from which fuch procefs iflued, twenty days at leaft before the next
Succeeding court : and upon fuch petition fo filed, the clerk of the faid court fjiall iffue, under hisi hand
and feal, a copy of the faid fchedyle, and a notice to the creditor or creditors, at whofe fiiit fuch prifon- .
er or prifoners are ,or fnall be confined, fetting forth the fubftance of the faid petltjxjn, and fummomug of
them to atten,d the next fucceeding coiirt, to fhew caufe, if any they have, whjjthe prayer of the faid pe-
tition fhould not be granted ; which notice being duly ferved upon the perfon of perfons, his, her, or their
executors, adminiflrators, attorney, or agent, at whofe fuit luch prifoner or prifoners (hall be imprifoned,
ten days at Jeaft before the fitting of the faid court, the court (hall order the faid prifoner or prifoners to be
brought before them ; and if the faid creditor or creditors, at whofe fuit he is inaprifoned, fliall appear,
or being duly fummoned (hall fail to appear, the court (halj piroceed to examine the nature of the faid pe^
tition in a fummary way, and fhall tender to fuch perfon an oath, to the efFefi fc^lowing.' '• - » '
Debtor's oath, « t ^^ jg, Jn the prefence of almighty jGod, lolemnly, fwear, prpfefs aiid declare, that the fchedule now
\_ " delivered, and by ms. fubfcribed, doth contain, to the beft of my knowledge and remembrance, a
*' full, juft, true, and perfe^ account anci difcovery, of all the eftate, goods, and effefts, unto me any
** ways belonging, and fuch debts as are 'to pne owing, or to any pejrfon jii tryft for me: and of all fecui.
*♦ rities and contrafts, whereby any money may hereafter become payable, or siriy benefit or advantage
*« accrue to me or tp my ufe, or to any oiher perfon or perfons in truft for me j and thst I, or any other
•* perfon or perfons in truft for me, have not land, money, or flock, or any other eftate, real or perfonal,
?< in pofieffipn, reverfion, or remainder, of the value of the d6bt or debts with wliich I am charged in ex*
*' ecution ; and that I haye not direiftly or indirectly, fold, leiTened, or otheywife difpofed of in truft, oir
*• concealed, all or any part of my lands, money, goods, ftbcks, debts, fecurities, conty^iSLs, or eftate, where-?
** by to fecure the fame, to receive or expe£t any profit or advantage thereof, py to defravld or dec'eivie ai?
*• py creditor or creditors to whona J am indebted, in any wife howfoevcr,"** * " - ■ •'
' ■ ' go HELP JME GOD.
^isonerr.beia- IV. Be it further enacted^ That if fuch prifoner take fuch oath, and the court be convinced of the truth
ingthcMth ' *''^^'^^°f» the fchedule fo fubfcribed being filed with the derk of the Court for the beltefj- information of th^
prpditors of fuch prifoner or prifoners, then, arid in that cafe, i,t fhan ind may be lawful for the court be-
fore whom fuch oath was taken, by warrant, to command the 0ieiit, gaolelr, or keeper of any prifon,
forthwith tofet at liberty fuch prifoner; which warrant {hall be a fufiicient difcharge to fuch fheriff, gao-
ler, or keeper, and (hall indemnify him or t^em agaipft any efcape or efcapes, or action or a6lions, what-
foever, which fhall or may be brought, Commenced' or profecuted, againft him or them," by reafon there-
of; and if any fuch aftioh fhall be Commenced aguirift any Iheriff or otiier officer, for pertprming his dui.
ty in purfuance of this a£l, fuch (heriffor other officer may plead the general iffue, ^d^iye thip a£l in
evidence. ' ■■■•;■;■ •..:";.■,■;!':■..' ' :' •■ •■■■■.■■■ ■ ■ ■ •. .. '■ '■■■■-
Lands, &c sold V. And he it further enacted by the authority aforefaii^ That all the lands, tenements and hereditaments,
D"iThe d* k''' ^^^^ ^'^ ^^ contained in fucli fchedule, for fuch ufe, iritereft, right, or title, as fuch prifoner or prifon-
ers then fhali have in the fame which he or (he may lawfully depart widial, and ^Ifo allgoods and chat-
tels whatfoever in fuch fchedu'e alfo contained, fliall be veiled in tie flieiiff of the county wherein fucli
lands, tenements, hereditaments, goods and chatties, (hall lie, oir be found ; and fuch Iheriff is hereby au-
thorifed, empowered, and reqiiired, to fell at public vendue, and convey the fame to any perfon or per-
fons "whatfoever for the beft price that can be got for the fame, and the monies arifing by fuch fale fliall
be by fuch (heriff or pflacer, upon oath, paid into the hands of the clerk pf the fuperior court of the dU"^
tri<?t where fuch prifoner (hal be confined, for the ufes and p\irpofes hereafter mentiqned ; faving to eve- 1Y73. 185 j
fv fuch prifoner his or her neceflary apparel and utenfils of trade. v^^-v^O *
VI. .-/wi h it further enacled by the authority ajorefaid, That the judges of the fuperior court (haU j^- Commissionerg
point two commillioners, who Ihall have full power to examine into the claims of all and fingular the cfe-. '''^''^"I'le
(ditors of theperfon or petfons imprifoned, as \yell thofe at whofe fi;it he was committed, as of all others ; '^*'™**
and the faid commiflioners fiiall by advertifenient, at the court-houfe of the diftri£V, or in feme public news- ;
paper or gazette, make known the tinae at which they propofe to examine fuch claims (which fhall be ':
within fixty days after their being appointed) and upon fuch creditors, their executors or adminilhrators, i
agents or attornies, appearing before them, and fatisfying then> of the juftice of their claims, they (hall \
proceed to make diftribution amongft each and every of the creditors fo appearing in proportion to their -,
refpeftive demands ; and the clerk of the faid court is hereby dire£led to pay fuch monies fo received up-
on the fale of fuch infolvent's eftate into the hands of the faid commiflioners, for the purpofes aforefaid.
VII. And be it further enacted by the authority aforefaid^ That the perfon of fuch debtor fo difcharged "|
fhall never be arrefted for the fame debt. The rest of this section repealed, vol. 1y p. 2>^,
VIII. And be it further enaSlad by the authority aforesaid^ That whereas it has fometimes happened that Proceedings
poor infolvent debtors have been a long time confined in goal, for want of knowing to whom to give no- '■•''^.*'"* creditors
ticeof their intention to take the benefit of thj a£l for relief of fuch infolvents, where the party atwhofe country" ° ' '
fult fuch debtor was in execution did not refide in this colony, nor had any known agent or attorney here . '\
to whom he could give fuch notice, which by the laws in force in fuch cafes is required to be given ; which \
long confinements have alfo happened in cafes where debtors have remained in prifon t\yenty days, and the j
fherifFs or gaolers have not known to whom to give notice thereof, or of whom to demand fecurity for !
their priton fees after the expiration of the twenty days : for the further relief therefore of fuch infolvent '
debtors, Be it eaaSied by the authority aforefaidy That when the party at whofe fuit or inftance any fuch debt- !
or fhall be confined in execution does npt refide in this colony, nor hath any known agent or attorney here, '
it fhall and may be lawful and fufficient for fuch infolsrent debtor to give nqfice of fuch his intention to i
take the benefit of the faid z€t for relief of infolvents, to the attorney at law who profecuted the fuit againft \
him : and alfo where the debtor fhall have remained in execution for the fpace of twenty days, it fhall be i
lawful and fuHicient for the fheriff or gaoler, in the like cafes, to give notice thereof to the attorney who
profecuted the fuit, and to demand fecurity of him for the prifon fees that fhall arife after the expiration of '
the twenty days ; and if he fhall fail or refufe to give fuch fecurity, then to difcharge fuch debtor out of
cuftody. . I
IX. And be it further enacted by the authiority afirefaidt That If at any time hereafter any perfpn being taken Debtors unafcle '
or charged on mefne procefs or execution, fhall not be able to fatlsfy or pay his or her prifon fees, fhall *° P^^ *®** ^"* >
after the expiration of twenty days be difcharged by the creditor, aod the fheriff or gaoler may demand or '^"^ed- j
recover of the party or parties at whofe fuit fuch infolvetit perfon fhall be imprifoned, all fuch fees as fhall \
become due on account of fuch Imprifonment. ■
X. And be it further enaSled by the authority afortsaiiy That if any perfon who fhall take fuch oath, (hall. Penalty for per*
upon indidnient of perjury, be convided diereon, he fhall fufFe. all pains of wilful perjury, and fhall be 3"'"^*
liable to be taken on a new procefs, and fhall never after have the benefit of this aOr. 'i
XI. And be it further enacied by the authority aforesaidy That where by this acl an oath is required, the fo- Quaketsaf- 1
leatjn affirmation of a Quaker fiiall be taken in lieu thereof ; and every perfon convifted of wilful and falfe firmationalr
affirming, fhall fufFer the like penalties as for wilful and corrupt perjury. lowed. ,
Xlf . Ani be it further enact edy That every law heretofore made, refpediftg the relief of poor debtors, as Rfpea'ing '
6? the imprifonment of their perfons, be repealed and paadie void, clause." ■
■ ' ' i
An act for appointing public treafurerty and directing their duty in office, exp. CHAP. S,
An act for annexing the tforth part Rowan to the county of Surryy and the further establilhing and treciing the cHAP. S, .
parish of Dobbs into a fepar ate, and distinct perish.
WHEREAS the inhabitants of the north part of Rowan County labour under great inconveniences in
attendmg the courts, and other public meetings, at the court-houfe of the faid county ; and, as It 1
would be much more convenient for them to attend public bufinefs in tlie county of Surry, are defirous of \
being annexed thereto : and as by an a£t entitled an a£l: for ere^ng fhat part of Rowan county cailed Wsu i
Vol. J. 3B 9 ^ / ^
Part of Rowan
added to Surry.
J 86 1775. chovia, into a di{tm<£t parilh, the tra£^ of land formerly in the coftnty of Rowart, called and named Wacho-
Vi^»-y-«0 via, belonging to the Unitas Fratrum (or united brethren) according to the known boandaries arid limiu
thereof, was eredled into a parifh, diftin£l and feparate from the parifh of St. Luke, in thefaid county,
and called by the name of the parifh of Dobbs, and were intended to hold, ufe, and exescife the like au-
thorities and powers, and poflefs and enjoy the fame immunities and other privileges' as other parifhes in
this province : and as by an a£t for dividing the'northern part of Rowan county, and erefting a new coun-
ty and parifh, by the name of Surry county, and St. Jude's parifh, the dividing lines between the counties
of Rowan and Surry ran through the faid parilh of I>obbs, by which means part of the hiA parifh was left
in each of the faid counties, from which great inconveniences afife to the inhabitants of the faid parifh :
II. Be it therefore enacted by the Goveriiofy Council and Affembiyy and by the authority of the jame^ That from
and after the pafTing of this a£t, the dividing line between the counties of Rowan and Surry (hall begin at
a point in the line dividing Rowan and GaiTford counties, thirty-fix miles north from the fouth eaft corner
of Rowan, thence running a due weft courfe to the ridge dividing the waters of the Yadkin and Catawba
rivers, which line is to be parallel toearl Ghranville's fouth boundary line (excepting where the bounds of
tlie parifh of Dobbs interfere, which parifh is hereby intended and declared to be included in Surry county)
and by the faid dividing ridge and the mountains to the Virginia line j and all that part bounded- te the
northward by the line before defcrUjed to be marked, ftiall be, and is hereby annexed to, and made part of
Surry county.
III. And be it further ena^ed by the authority aforefaidg- 'thaX that part of Rowan county, and parifh of
Dobbs, which by the divifions of Rowan and Surry counties fell into Rowan county, be added to Surry
county as aforefaid, fo that all that original' tra£t of landcalled Wachovia, or Dobbs parifli,- according to
the known bounds and limits thereof, be made part of Surry ceunty, and be and remain one entire pa-
rifh as before, diftin£l and feparate from the parifh of St. Jude, and any other parifh whatever, and be en-
titled to ufe, hold, and exe^^cife the like authorities and powers, and poflefs and enjoy the fame immuni-
ties, and other privileges^ afe other ^parifhes in this province.
[The remaining feElions, except the seventh, altogether of a private or a temporary nature,"^
VII, And he it further enaHed by the authority aforefaid, That fo much of a former a6k of AfTembly, enti-
tled '* }\ n aft for dividing the northern part of Rowan county, and erefting a new county and parifh, by
the name of Surry county, and St. Jude'sparifh,!' as comes within the purview of this aft, is from henceforth
repealed and made void.
Wachovia ad-
ded to Surry.
CHAP. 14.
CHAP. 18.
Provided for bj
CHAP. 24.
CHAP. 25.
CHAP. 28.
CHAP. 29.
Deeds register-
ed withiB two
yearss
subsequent a£ls-
jiN a8Jor direSing the method of appointing furors in all eaufifSf civil eind criminal. Etf.
An act to pnvint hunting with a gun in the night by fire I ght>*
An act for granting a bounty on the exportation of pot and pearl ajh. EXP.
An aB to amend an aff, tntitttdt « An a^ for fettling the bounds of lands." Repealed, Vol. 2, 20.
An aB to continue an aB for the rmrefpeedy recovery of all debts and demands under five pounds t proclamation
money f within this province. £XP.
' r- :
An oBfor the relief of perfons tuho have, or mayfujferi by their deeds and mefne conveyances not being proved
and regijteredf ivitbin the time heretofore appointed by law.
WHEREAS many perfons, through ignorance of the law, have neglefted to have their deeds and
mefne conveyances proved and regiftered according to the direftions of the feveral afts of afTem-
bly in fuch cafe made and provided ; for remedy whereof,
II. Be it enoBed by the Governor^ Councily and Afembly, and by the authority of the fame. That all deeds and
mefne conveyances of lands, tenements, and hereditaments, not already regiftered, acknowledged, or pro-
ved, (hall and may within two years after the pafFmg of this aft, be acknowledged, by the grantor or
grantors, his or their agents or attornies, or proved by one or more of the fubfcribing witnefles to the
* Pavis : th« origm»l biing misting,
fame, arid tendered or delivered to the regifters of the c6Unties where fuch lands, tenements, orheredita- 1773. 187
ments, are refpeftivehy Gtuated : and all deeds and mefne conveyances whatfoever, which ihall be acknow' 1,^-vxJ
ledged or proved according to the dire£tions of this a£l, though not wi^un two years after the date of tenain deeds
the refpedive conveyanceSj (hall be good and valid in law, and (hall enure and take eiFect as fully and et- '^****"<* «»«*•
ffectiially, to the ufe and behoof of the grantees, their heirs and aOigns, and thofe claiming under them,
as if fuch deeds and conveyances were acknowledged or proved and regiftered, agreeable to the directions
of any act of affembly heretofore made.
THE tITLES OF THE PRIVATE ACTS.
S An ad for regulating the town of Hertford, and other pur-
poses.
1 7 An ad for building a gaol in Beaufort c»unty«
8 An aA to exonerate John Tagert and Francis Adams, late
sheriffs of Tryon county, from being chargeable with the
colle^ion of tax^s taken into South-Carolina.
^ An aA for lading out ind establishing a public road' iVom
Gharlotit town^ iiii Mecklenberg county, to Bladen court-
Kouse.
10 At» aft to continue an a.£l, passed the fifteenth da/ of January,
in the year of our lord one thousand seven hundred and
seventy-one, entitled 'An atft to a er the method of work-
ing upon the roads in the counties therein mentioned."
^t An a^t to prevent -faking hedges across Great Cotentnea
creek. Little ftiver of P. D. Rdtky river and Uahra ri-
ver.
12 An act to alt^r the method of worlcirtg upon the public roads
in the county of New-Hafiover.
13 An act to regulate the attendance of the minister of Christ
Church parish, at the parish church in the town of New-
bera, and at the several chapels in the said parish.
JS An act for rendering the navigation of Trent river more use-
ful and advantageous.
16 An act to encourage the destroying vermin in the several coun-
ties therein mentioned.
17 An additional act to an act, entitled, " An act for establish-
ing a school-house in the town of Newbern."
19 An additional act to an act, entitled, «' An act for amending
an act, entitled, an act for tie better regulation of the
town of Newbem, and for securing the titles of persons
who hold lots in the said town."
20 An act for laying out a public road from Dan rhrer, through
the counties of GuUford, Chatham and Cumberland, to
Campbehon, and for a public road from the ShaUow Ford,
in Surry county, to join the same.
21 An act to amend an a£i, passed at Newbem, in the year one
thousand seven hundred and seventy-one, entitled, " Aa
a<^ for laying out a pubUc road from the frontiers of this
province, through the counties of Mecklenberg, Ansoa
and Cumberland."
22 An adl for establishing a town oa the land of Isaac Jones, ly-
ingon thenortb-wettbranchof Cape-Fear river, in Bladea
county-
23 An ail to empower the executors of John McKildo, late she-
riff of Tyrrell county, to colle& the arrears of taxes dae
for the said county, in the years therein mentioned.
26 An a£l to amend an a<£l, entitled, " an a^^ for the regulation
of the town of Hillsborough."
27 An a& to amend an aA for appointing commissioners to build
a prison, pillory and stocks, on the lot iy hereon the court-
house now stands in Duplin county.
30 An aa for repairing the gaol for the distrift of Halifax, in the
town of Halifax.
31 An ad to continue the tax imposed by an aA, entitled, " An
z& for building a court- house in the town of Salisbury, for
the distriA of Salisbury,"
32 An aa to dissolve the vestry of Unity parish, in Guilford
county.
33 An aa for ereaing a public gaol, and gaoler's house, in the
town of Wilmington, for the distria of Wilmington.
34 An additional aa to an aa for ereaing a court-house and pri-
son for the use of the distria of i!.dentoa.
Resd thKe timet, and ratified i» open Assembly, theCtbdayof Ziflarcb, 1773.
JOSIAH MARTIN, Efq. Govftwr.
James Has^ll, PreSdenh
/ohm HartsTi Sfeaien
188 1774-.
JosiAR Mas*
Tiv, Esq, GO'
vernor.
At an ASSEMBLY, begun and held at Newbern, the Second day of March,_
in the Fourteenth Year of the Keign of our Sovereign Lord GEORG^
the Third, by the Grace of God, of Great-Britain, France and Ireland,
King, Defender of the faith, &c. and in the Year of our Lord One Thou*
sand Seven Hundred and Seventy-four; B^ip^ the Second Session q|
this Assembly.
Jln aSifor ejiahlijh'tng inferior courts of pleas and quarter-feffions in thefeveral couatjes in this province, tfndfcf
regulating the proceedings therein. EXP. *
yla ctSi to ejlablifh a militia for thefecurity and defence of this province. EXP.
jin a8 to eflahhfh courts of Oyer and Termine r and general gaol delivery, and for veiling m ■the fevered infer utf
courts of pleas and quarter-fefftons the power of appointing jurymen for the /aid courts of Oyer and Terminet
and regulating the proceedings therein ; and aljojorcon/lituting the judges thereof a court for hearing and di\
termining appeals and ivrits of error, pxp, - ■
An aBto amend the flaple of tobacco, and prti^ent frauds in his Maje/ly't cufloms.
CHAP. 6,
Testimony to
convia fire-
hunters.
Jin aB to prevent the pernicious praBice of hunting nuith a gun in the night iy fire light.
{^Provided for by fubfequent aSls all but the ffthfeaioni
V, A\ ND whereas from the circumftances of fecrecy \yhich ajitend the perpetratiop of fuch offences, it i^
/~\ in moft inftances impracticable to convict offenders by indifferent teflimony ; Be it therefore enact^
ed by the authoitty aforesaid, That when more perfons than one are engaged in the com.miflion of fuch ofj
fence, it (hall and may be lawful for one of them to give evidence againft any one, or all others concern,
ed ; and his teftimony fhall be held and deemed to be as effectual, and (hall have equal weight, as if gi<
ven by any perfon perfectly difinterefted and innocent of the offence giving like information of the famq
facts, fubject in ptherrefpects to the general rules of law refpecting wineffes : and fuch witnefs, upon gi,
ving fych information: ahd:^er due conviction of one or more fuch offenders, (ball be acquitted and hel4
difcharged from all penalties and pains to be inflicted by this act p and fhall have equal right to the mpjei
ty of the fine heretofore mentioned as other informers have.
CHAP. 7.
See note, p. 57.
CHAP. 8.
An act to amend and further continue an aSf, entitled, f «An act concerning yeflries,^
An aSl to oblige veffels having infeBiom difiempers on board to perforin their quarantine.
EXP,
CHAP. 12 A^ «^/«»* appointing: commifftoners for building a court houfe, prifon and fochs for the county of Tryen, and fati.
ehablillnng a boundary line betr- en the counties ofTryon and Mecklenberg.
lAllbut the lajlfection of too private a nature to be in/erted.']
Boundary be- HI" A ND whereas fundry difputes have arifen relative to the boundary line between the faid coun,
tweenthecoun- jf\ ty of Tryon and the county of Mecklenbergh, to prevent which for the future, Be it enacted iff
*'"• the authority aforefaid, That the fiver Catawba be, and is hereby declared the boundary line between thflS
faid counties* I
fiHAP. 17. AaaBta pyeveni ceuntcrfeiting the .paper money of this and fhe ether British eolonieh ^^^o I??*. 139
' * prevent covhterfeitingthe gold and Jther coin circulati^ exp. C«-v^O
• . AnaB direB'ing the dtit^ offoerifty with reJpeSi to infolvent taxahles. CHAP. 18.
WHEREAS It is cuftomary for the inferior courts of this province to allow the fheriffs ih' the fettle-
njent "oF their accounts akrge number oi infolvent taxablesfwinually,- which they are not by
any law prevented from afterwards coUecting to their own ufe, to the great injury of the public, and dif-
trefs of many poor families who for waut of proper information, are not benefited or teheved by the in-
dulgence of tlie courts to the iheriffs on their accoants : for remedy whereof,
n. Be it enaBedby the Goxtermr Council and Ajfembly and by the authority of the ftttne, That from and after Sheriffsallow
.the palF.ng of this act, It (hall not be lawful for any inferior court in this province to allow any ftierifF in "en't's'^thiu"' '
the ^ttlemeut of his accounto for more infolvent taxabJes than he (ha'l have exprefsly named and fworn sworn to.
to in a lift by him then deliyeied to the court, to be depofited with the clerk of the faid court, and kept in
his oflice for the public infpe£tion j which clerk (hall within ten days from fuch fettlement, caufe a copy
of the faid lift to be put »p at the court-houfe in his county annually, under the penalty often pounds,
proclamation money, for each and every n^gleft *, to be recovered with cofts, by aQ:ian of debt or informa*-
iion in any inferior court, of this province, and applied, one half to the ufe of the pariih where the offence
may be committed, and the other half to the perfon who (hall fue for the fame ; which clerk (hall be
entitled to the fum of twenty fhillings for the above fervice, to be paid annually, out of the county tax.
III. Attdbe it further enacted by the authority aforefaid, That if after the paffing this a£l, any ftierifF (hail .^^In \^n!oliv'en*
return to court a? infolvent, the name of any perfon \irhp is not inlifted, or has aftually paid his tax for ^axes.'
that year, or fiiaU prefum.e to collect or receive, by himfelf or deputy, from any perfon, his tax for the
year for which hi? has been xeturned an infolvent, fuch (heriff Ihall forfeit and pay for every offence the
fum of tweoty povmds ; to be recovered as is before direfted, and applied one half to the ufe of the parifti
wkercthe^pffeaceihaiLhe comtnitted, the othejr ftalf to the party injured, who may fue for the fame.
Anttctferfy'rfitrcoiTtinuirig an act, entitled, '* An a.£l for appointing a printer to this province.*' exp. CHIP. 21.
An act to facilit<!it0 the navigation ^f Neufi river, ex P. chap. 28.
An aB to prevent the nvilful and malicious killing offaves. REPEALED, except perhaps the 3d seB. Vol. 2, 8. CHAP. 31,
ill. A ND bettfunhfr enacted by the authfrityafhrefaidThzt if the flave fo wilfully and malicioufly kil. Tiissecvonis
jf\^ led, {hall be the property of another, and not of the offender, he fhall, on the firft conviiftion retained in deft
thereof, pay the owner thereof fuch fum as (hall be the value of the faid flave to be afleffed by the inferior '^^"^oflbl au^bL
court of the county where fuch flave was killed , and ftiall ftand committed to the gaol of the diflri£l where of tie Manual.
fuch conviftion fhall happen, until he fhall fatisfy and pay the faid fum fo affeffed. /. imagine it it
repealed, 7iif offence being mvt felony, in the first instance, thetrepasa merges tn it.
An atl for ereBing part oi the covnti^.s of Halifax and Tyrrell into one di/livB couniv and farifh. cHAP. S2
WHEREAS the great extent of the counties of Halifax and Tyrrell, renders it exceedingly trouble-
fome and expenfi.ve to many of the irjiabltants thereof to attend the courts of juftice, eie£lions
and general mufters, and for the flreriffs to make public colledllons .- For remedy whereof,
II. Be it enacted by the Governor, Council and Jffembly, and by the authority of the same. That from and af- Rowan erect
terthe palfrngof this ad, the faid counties be divided as follows, to wit, beginning at the mouth of ^d-
Kahukee creek, on Roanoke river, and running a dire£l line to Edgcomb county line, where it 'crofTes
the Tar river road that leads by Nicholas Loyd's ; thence down Edgcomb line, to Pitt county line ; thence
along Pitt line, to Beaufort county line j thence along Beaufort line, to the head of Welch's creek, near
Stewart Hamilton's plantation ; thence down Welch's creek, to Roanoke river j thence up the river to
the beginning J and all that part of the faid counties, ipcluded within the faid bounds, be thenceforth
erefted into a dillindi county and parifh, and call.ed and known by the name of Martin county, and parish
of St. Martin.
[The remaining fectiens altogether of a private or temporary nature."]
Vol. I. 3 C
190 1774.
THE TITLE SOF THE PRIVATE Adfg.
9 An 8& for enlarging the time of saving lots in the town of
Windsor, for ereiling a ceurt-house, prison and stocks,
for the county of Bertie, in the said to\vn, and other pur-
poses.
10 An a,A for vesting in certain persons therein named two acres
of land, at Belville, in Currituck county, as trustees for'
ere^ieg a chapel thereon, and for enclosing a burying'
ground.
11 An a6l for the moreeffeflual obtainint; an exafl list of taxables
for the town of Nevfbern, for compelling the inhabitants
of the said town to pay their taxes, and for other purposes
therein mentioned.
13 An aS for dividing the parish of Edgcomb, in the county of
Halifax, into two disrin£l parishes.
14 An aft for establishing the court-house in the town of Char-
lotte, in Mecklenberg comity, and for regulating the said
town.
15 An aa for dividing the pirish of St. Mary's, in the county of
Edgcomb, into two dist'ma parishes.
1€ An adl to amend an aA for laying out a town on the lands of
Richard Evans, in Pitt county, by the name of Martin-
borough, and for removing the court-house, prison and
stocks into the said town.
19 An aA to enforce an aA, entitled, " an adl to encourage the
destroying of vermin in the several counties therein men-
tioned, passed in the yew one thousand seven hundred »nd
seventy-three."
20 An aS to, amend an afl, entitled, " An ai5 for repairing thC ^
gaol for the distrifl of Haiifa*. in the town of Halifax." '
32 An a.3 to amend an ^&, entided, *■ an aft for building a court- \
house in the town of Salisbury, £bt the distriA of Salis- |
bury. „
2^ An aS to enforce art act, entitled, •' aa act for piseventing
the frequent abuses in takti>g up and secreting stray horses
in the counties of Orange, Granville, Bute, Rowan, An-
son, Mecklenbergi Johnston, Dbbbs, Halifax, Edgcomb;
Northampton, Hertford, Tyrrel, Craven and Pitt, in the
Cbiinty of Chathafp .
24 Ah- act for appointing commissioners to erect a court-houcCt
prison and'stocks in the county of Guilford,
3S' An act to'empov.-er the justices of Anson county to establish
free ferries, and lay a tax for defraying the charges there-
of.
26 An ail to amend ah ai£l, " for dividing the northern part of
Rowan county, and erecting a new county, t^the name
of Surry county, and St. Jude's parish." .
27 An a<Sl to empower the justices of Bladen county to held the
inferior court of pleas and quarter-se ssions in the town of
Elizabeth, in the said county..
29 An aift to continue'an aS, entitled, '• an aflt© amend an act,
entitled, an act for the regulation of the town of Wilming-
ton."
30 An act to explai^ an act for erecting a parisH in Chatham
county, by the name of St. Bartholomew.
Signed by JOSIAH MARTIN, Efq. Goifernof.
James Hasell, Prefident,
John Harvey, Spealer.
Read thre« ima, 9sA ratifieil is open AssemblXi the 6th day of Marcbi 2ff3,
J7T6. 191
At a CONGRESS of the Representatives of the Freemen of the State of
North-Carolina, assembled at Halifax, the Seventeenth Day of Decem-
ber, in the Year of our Lord One; Thousand Seven Hundred and Seventy-
. Six, for the purpose of establishing a Constitution or Form oiGovEfiN-
jrENt for the said State,
'^ Declaration of Rights made by the teprefentatives of the freemen ofthejlate of North-CaroUna,
Be^on I. J_ HAT all political power is vefted in and derived from the people only.
Sec. II. ' That the people of this ftate ought to have the fole and exclufive right of regulating the internal
gdfernment and police thereof.
Sec. III.' That no ndan oir fet of m^n are entitled to exclufive or feparate emoluments or privileges from
Ae community," but in confid'eration of public fervices.
Sec. IV. That the legiflative, ex'ecutive and fupreme judioial powers of government ought to be for-
ever feparate and diftincl from each other.
Sec. V. That all power of fufpending laws, or the execution of laws, by any authority, without confent
of the reprefentatiVes of the people, is injurious to their rights and ought not to be exercifcd.
Sec. VI. That eleftions of members to ferveas reprefentatives in General Affembly, ought to be free.
Sec. VII. That in all criminal profecutions every man has a right to be informed of the accufatioa a-
gainft him, and to confront the accufers and witnefles vflth other teftimony, and fhall ntit be co.npellei
to give evidence againft himfelf ,
Sec. VIIT. That no freeman fhall be put to anfwer any criminal charge, but by indi£l:ment, prefent-
ment, or impeachment.
Sec. IX. That no frfeemin fhall be convidled of any crime^ but by the unanimous verdict of a jury of
good and lawful men, in open court as heretofore ufed.
Sec. X. That excefiive bail fiiould not be required, nor exeeffive fines impofed, nor cruel or unufual
punifhments inftifted.
Sec. XI. That general wairrarits \»^hereby any officer 6r mftfTenger may be commanded to fearch fuf-
pedted places, without evidence of the faft committed, or to feize any perfon or perfons not named, whofe
offence is not particularly defcribed and fupported by evidence, are dangerous to liberty and ought not to
be granted.
Sec. XII. That no freeman ottght to bfe taken, impr ifoned or diffeifed of his freehold, liberties or pri-
vileges, or outlawed or exiled, or in any masner deftroyed or deprived of his life, liberty or property, but
by the law tff the land;
^ Sec. XIII. That every freeman reftrained of his liberty is entitled to a remedy to enquire into the law-
iolnefs thereof, and to remove the fame if unlawful^ and that fuch remedy ought not to be denied or de-
layed.
Sec. XIV. That in all controverfies at law refpeftiiig property, the ancient mode Of trial by jury is
bne^of the beft fecuiities of the rights of the peoplej and ought to remain facred and inviolable.
Sec. XV. That the freedom of the prefs is one of the great bulwarks of liberty, and therefore ought
never to be reftraiiled .
Sec. XyJl. That the people of this flate ought not to be taxed or made fubje<a to the payment of any
impoft or duty, without the confent of themfelves or their reprefentatives in General Affembly freely
given.- " " " ' -
192 1776. Sec. XVII. That the people have a right to bear arms for the defencs oftheftate; and as ftandinjf
irf»'V"»iJ armies in time of peace are dangerous to liberty, they ought not to be kept up ; and that the military fhouMi
be kept under ftritl fubordination to, and governed by, the civil povrer.
Sec. XVIII. That the people have a right to aflemble together to confult for thair common good^ to
inftrudl their reprefentatives, and to apply to the legiflature for redrefs of grievances.
Sec. XIX. That all men have a natural and unalienable right to worfhip almighty God according to
the dictates of their own confcience. ' • .
Sec. XX. That for redrefs of grievances and for amending and ftrengthening ^e lawsi eledVions ought
to be often held.
Sec. XXI. That a frequent recurrence to fundamental principles, Is abfolutely n^ceffary t9 preferve th^
bleffings of liberty. ■ . "'
5,?^. XXII. That no hereditary emoluments, privileges or honours ought to be granted or conferred Iqi
this flats. . • • , .
Sec. XXIII. That perpetuities ^nd monopolies are contrary tq the genius of a free ftate,,and ought not
to be allowed.
Sec. XXIV. That retrofpeCtive laws, punKhing fa£ts committed before the eyiftence of fuch Uws, and
by them only declared criminal, are opprefTive, unjuft, and incompatil^le with liberty, wherefore nxte^
i~oo « /g/? /if fo law ought to be made.
' "*• Sec. XXV. The property of the foil In a free government, being one of the eflential rights of the t^
leftive body of the people, it Is necefTary In order to avoid future difputes, that the limits of the ftate
fhould be afcertained with precifion ; and as the former temporary line between North and South-Garo»
lina was confirmed and extended by commiflioners appointed by the legiflaturgs of the two ftates, agreea-
ble to the order of the late King George the fecpnd, in council, that line, and that only, fhould be efteem-j
ed the fouthern boundary of this ftate, as follows ; tkat is lo/ay, beginning on the fea fide, at a cedar ftak<j
at or near the mouth of Little River, belpg the fouthern pxtrcmity of Brunfwick county, and runsfrcti^
thence a north-weft courfe through the boundary houfe, which ftands in thirty rthree degrees fifty- fix mi-
nutes, to thirty-five degrees north latitude ; jand from thence a well courfe fo far as is mentioned in th^
charter of King Charles the fecond, to the late Proprietors of Carolina : therefore all the territories, feas>
waters, and harbours, with their appurtenances, lying between the line above defcribed and the fouthern
line of the ftate of Virginia, which begins on the fea fhore In thirty-fix degrees thirty minutes north latitH.de,
and from thence runs weft, agreeable to the faid charter of King Charles, are the right and property of the
people of this ftate, to be held by them in fovereignty, any partial line without the confept of the legiflature
of this ftate, at any time thereafter dire£led or laid out, in anv wife notwithftanding. Provided aliuayst
That this declaration of righj;fhall not prejudge any nation or nations of Indians, from enjoying fuph hunt^
ing grounds as may have been, or hereafter fliall be fecured to them by any former or future legiflature of
this ftate. And provided alfo, That it fliall rot be conftrued fo as to prevent tlte eftablifl;ment of one or
niore governments y eftward of this ftate, by cpnfent of the legiflature. /Ipd frcvided further, that npihinj
herein contained, fhall affecl the titles or pollefEons of individuals, holding oi claiming under tlie laws here^
tofore in force, or grants heretofore made by the late King George the tliiid, or his predeceflors, or the
late Lords propriietorsi pr any of them,
R. CA&WlSLLl^PrefIStiit,y
I)ecenib« the 17th day, A. D. 177,6, read tl.e thinl thr.e, and ratified 5n opeji Congress.
Ce^yt Tejl, J. Glasgow, Steretoryi
fhe Conjlitution or Form of Govsrfimeat agucd to an3 refolvedupon hy the reprefenWives of the free- /^^[^ ^^^
fnan .oftheftate of North Carolina, eleBed and chofen for jh.it particaUr purpofe, in Congrefs af ^--^'^^
fembied, at Halifax, the .eighteenth dav ef Bccemher, in ike year of ear Lord one thoufand feven >
hundred and feventy-Jix. a. u c • \,*
WHEREAS allegiance and proteaion are in their nature reciprocil, and the one Ihould ot ngt\t
be refufed when the other is withdrawn. And whereas George the third, king of Great-Britain,
md lat- fovereign of theBritifh American colonies, hath not only withdrawn from them his protedion, but
.v an act of the Britifh legin-ature declared the inhabitants of thefe ftates out of the proteftion of the Bri-
ifh crown, and all their property found upon the high feas liable to be feized and confifcated to the ufes
mentioned in the faid ad. And the faid George the third has alfo fent fleets and armies to profecute a cruel
kiragaintt tl^em, for the purpofe of reducing the inhabitants of the faid colonies to a Hate of abjeft flavery,
n confequence v/hereof, all government under the faid king within the faid colonics, hath caafed, and a
:otal diflblutioil of government in many of them hath taken place. And whereas the continental congrefs
iavin<T confidered the premifes, and other previous violations of the rights of the good people of -\m erica
uve Therefore declared, that the thirteen united colonies are of right, wholly abfolved from all allegiance
•0 the BritiGi crown, or any other foreign jurifdiaion whatfoever, and that the faid colonies now are and
Forever {hall be, free and independent ftates : wherefore in our prefent ftate, in order to prevent anarchy
md confufion, it becomes neceff^.ry that a government (hould be eftablilhed in this ftate : therefore, we,
the reprefentatives of the freemen of North -Carolina, chofen and affembled in congrefs for the exprefs pur-
pofe of framing a conftitution under the authority of the people, moft conducive to their happinefs and
mofperity, do declare that a government for this ftate, (hall be eftablifhed in manner.and form following,
sesiim I. That the legiflative authority fhall be vefted in two diftinct branches, both dependant on the
people, towit.afenate andhoufe ofcommoiib. , ^ , , „ r t,
I sea. II. That the fenate Ihall be compofedofreprefentatives annually chofen by ballot, one irom each
county in this ftate. ^ . ni./-ui-fi»*«
■sett III. That the houfe of commons (hall be compofed of reprefentatives annually chofen by baRot^two
jfor each county, and one f.>r each of the towns of Edenton, Newbern, Wilmington, Sahfbury, Hills-
gborough and Halifax. . .. , r r i -ji .• n. n u j
sea. IV. That the fenate and houfe of commons, aflembled for the purpofe of legiflation, (hail be de-
nominated the General Aflembly. ,, -Tii.-Lr
sea. V. That each member of the fenate fhall have ufoally refided in the county in which he is chofen
for one year immediately preceding his election ; and for the fame time fhall have poffefled, and contmue
to poffefs, in the county which he reprefents, not lefs than three hundred acres of land in tee. _
Sea. VI. That each member of the houfe of commons ftiall have ufually refided in the county in which
lie is chofen, f6r one year immediately preceding hi^ eledion, and for fix months Ihall have poffeffed, and
continue to poffefs, in the county which he reprefents, not lefs than one hundred acres of land m tee, or
for the term of his own life. • i i • * r
sea. VII. That all freemen of the age of twenty-one years, who have been inhabitants ot any one
county within the ftate twelve months immediately preceding the day of any eleftion, and poHelled ot a
freehold within the fame county of fifty acres of land for fix months next before and at the day ot elec-
tion, (hall be entitled to vote for a member of the fenate. • •■ uv .. f .«„^«.,r.f«-
sea. Vill. That all freemen of the age of twenty-one years, who h^ve been inhabitants of any county
within this ftate twelve months immediately preceding the day of any eledion, and (hall have paid publ c
taxes, (hall be entitled to vote for members of the houfe of commons for the county in vvhich he relides.
Sea. IX, That all perfons poffeffed of a freehold in any town in this ftate havmg a right of reprelenta-
tion, and alfo all freemen who have been inhabitants of any fuch town twelve months next before and at
the day of eleftion, and (hall have paid public taxes, (hall be entitled to vote for a member to reprelent
fuch town in the houfe of commons. Provided altvays. That this feftion (hall not entitle any inhabitant
of fuch town to vote for members of the houfe of commons for the county in which he may rende ; nor
any freeholder in fuch county, who refides without or beyond the limits of fuch town, to vote tor a mem-
ber for faid town. . , i r r „oir/,r
Sea. X. That the fenate and houfe of commons when met, fliall each have power to choofe a Ipeaker
and other their-officers, be judges of the qualifications and eledions of their members, fit upon their own
Vol. I. 3D
194 1776. adjournments from day to day, and prepare bills to be paiied into hWi '. the two houfes fiiall direfl: writji ''.
J of eleflion for fupplying intermediate vacancies, and {hall alfo jointly by ballot adjourn themfelves to any ":■
future day and place.
Seel. XI. Tkat all bills fliall be read three times in eack Hottte befoi'e they pafs into laws, and be fign- ';■
ed by the fpeaker of both houfes. '\
seSl. XII. Thu every perfon who (hall be chofen a membai' of the feriate or houfe of commons, or ap-
pointed to any oiHce or place of truft, before taking his feat, or entering upon the execution of his office,'
ihall take an oath to the rtate 5 and all officers fhall alfo take an oath of ctfice.
Se5i. XIII. That the General Aflembly fhall, by joint ballot of both houfes', appoint judges ofthe fu-
preme couits of law and equity, judges of admiralty, and an attorney-general, who fhail be commriTioDed
by the governor, and hold their otBces during good behaviour.
SeSt, XIV. That the fenate and houfe of commons fhall have pow^r to appoint the generals and field-
officers of the militia, and all officers of the regular army of this ftate.
SeSl. XV. That the fenate and houfe of commons, jointly at their firll meeting after each annual elec-
tion, fliall by ballot eledt a governor for one year ; who ffiall not be eligible to that office longer than three
years in fix fucceffive years : that no perfon under thirty years of age, and who has not been a refident
in this ftate above five years, and having in the ftate a freehold in lands and tenements ajove tiiQ value
of one thoufand pounds, ffiall be eligible as governor.
5^^. X VL That the fenate and houfe of commons, jointly at their firft meeting after each anfiual elec-'
tion, fhall by ballot ele£t feven perfons to be a council of ftate for one year j who ffiall advife the governor
in the execution of his office ; and that four members ffiall be a quorum : Their advice and proceedings-. ^
fhall be entered in a journal to be kept for that purpofe only, and figned by the members prelent ; to any '%
part of which any member prefent may enter his diffent ; and fuch journal ffiall be laid before the General* [«
Aflembly when called for by them. |^
SeSf. XVII. That there ffiall be a feal of this ftate, which ffiall be kept by the governor, and ufed by' 'a
him as occafion may require : and fliall be called the great feal of the ftate of North-Carolina, and be affix-- i\
ed to all grants and commiffions. ,'
St£l. XVIII. That the governor for the time being, ffiall be captain-general and commander in chief of the
jnilitia ; and in the recefsof the General Aflembly, ffiall have power, by and wkh the advice of the coun- i\
cil of ftate, to embody the militia for the public fafety» J
SfSf. XIX, That the governor for the time being, fhall have power to draw for and apply fiich fums of |
money as ffiall be voted by the general aflembly for the contingencies of government, and be accountable" J
to them for the fame : he alfo may, by and with the advice of the council of ftate, lay embargoes, or pro-- l|
hibit the exportation of any commodity for any term not exceeding thirty days at any one time, in the re-f |
cefs of the general aflembly ; and ffiall have the power of granting pardons and reprieves* except where (
the profecution ffiall be carried on by the general aflembly, or the law ffiall otherwife dire<St j in which f
cafe he may, in the recefs, grant a reprieve until the next fitting of the general aflTembly .• and may exer-^ i
cife all the other executive powers of government limited and reftramed as by this conftitution is mention- \
ed, and according to the laws of the ftate : and on his death, inability, or abfence from the ftate, the fpeak^
er of the fenate for the time being, and in cafe of his death, inability, or abfence from the ftate, the fpeak-
er of the houfe of commons ffiall exereife the powers of the governor, after fuch death, or during fuch ab-
fence or inability ofthe governor or fpeaker of the fenate, or until a new nomination is made by the genw
cral afTembly.
SeEi. XX. That in every cafe where any officer, the right of whofe appointment is by this conftitution' i
vefted in the general afl'embly, ffiall during their recefs die, or his office by other means become vacant, ^^
the governor fliall have power, with the advice of the council of ftate, to fill up fuch vacancy by grant- \
ing a temporary commilTion, which ffiall expire at the end of the next feffion of the general afTembly.
Sed. XXL That the governor, judges of the fupreme courts of law and equity, judges of admiralty^ I
and attorney-general, ffiall have adequate falaries during their continuance in office. \
Seff, XXII. That the general aflembly fhall, by joint ballot of both houfes, annually appoint a treafu- ]|
rer or treafurers for this ftate. '^
Se^. XXIII. That the governor and other, officers offending againft the ftate, by violating any part of 1
this conftituiiC"' mal-adminiftration or corruption, may be profecuted on the impeachment ofthe general *•
jiflembly, or prefentment ox. taC "f^nd-iury pf any court of fuf reme jurifdi^on in this ftate^ -^ i
hif. XXIV. That the general affembly fliall, hj joint ballot of both houfes, triennially appoint a fe- 1776. 195
itetary. . , ..j:?
Seci. XXv. That no petfons who heretofore have been, or hereafter may be, receivers of public mo-
hies, fliall have a feat in either hqufe of general aflembiy, or be eligible to any office in this ftate, until
fach perfba ■fhall have fully accounted for and paid into the treafury, all fums for which they may be ac-
, countable dnd liable. - ,
Se^, XXVI. That no treafurer (hall have a feat in either the fenate, hoiife of commons or council of
ftate, during his continuance in that office, or before he fhall have finally fettled his accounts with the
puhltc, for all monies which may be in his hands at the expiration of his officje belonging to the Hate, and
llirui paid the fame mto the hands of the fucceeding treafurer.
/' Sect. XXVII. That no officer in the regular army or navy, in the fervice and pay of the United States,
bf this or any other ftate, nor any contraftor or agent for fupplying fuch army or navy with clothing or
provifions, ftiall have a ieat in either the fenate, houfe of commons, or council of ftate, or be eligible there-
to i and any member of the fenate, houfe of commons,- or council of ftate, being appointed to and accept-
ing of fuch office, fhall thereby vacate his feat.
Sect. XXVllI. That no member of the council of ftate fliall have a feat either in the fenate or houfe of
tommons.
Sect. XXIX. That no judge of the fupreme court of law or equity, or judge of admiralty, fhall have a
feat in the fenate, houfe of commons, or council of ftate.
Secti XXX. That no fecretaryof this ftate, attorney-general, or clerk of any court of record, (hall have
a feat in the fenate, houfe of commons, or council of ftate.
Sect. XXXI. That no clergyman, oi preacher of the gofpel, of any denomination, (hall be capable of
being a member of either the ienate, houfe of commons, or council of ftate, while he continues in the ex-
trcife of the paftoral function.
Sect: XXXIL That no perfon who ffiall deny the being of God, or the truth of the proteftant religion,
6r the divine authority either of the old or new-teftament, or who fliall hold religious principles incompa-
tible with the freedom and fafety of the ftate, Ihall be capable of holding any office or place of truft or pro-
fit in the civil department, within this ftate.
Sect. XXXIIIi That thejuftices of the peace, within the refpedtive counties within this ftate, fliall in
future be recommended to the governor for the time being, by the reprefentatives in general aflembiy, and
the governor fhall commiffion them accordingly : and thejuftices, when fo commiffioned, fhall hold their
offices during good behaviour, and fhall not be removed from office by the general afftmbly unlefs for
njifbehaviour, abfenCe, or inability.
Sect. XXXIV. That there fhall be no eftablifhnient of any one religions church in this ftate in prefer-
ence to any other } neither fhall any perfon, on any pretence whatfoever, be compelled to attend any
place of worfhip, contrary to his own faith or judgment ; nor be obliged to pay for the purchafe of any
glebe, or the building of any houfe of worfhip, or for the maintenance of any minifter or miniftry, con-
trary to what he believes right, or has voluntarily and perfonally engaged to perform ; but all perfons
fliall be at Uberty to exercife their own mode of worfhip. Provided, That nothing herein contained, fhall
be conftrued to exempt preachers of treafonable or feditious difcourfes from legal trial and punifhment.
Seff. XXXVi That no perfon in the ftate fhall hold more than one lucrative office at any one time.
Provided, That no appointment in the militia, or to the office of a juftice of the peace, (hall be confider-
ed as a lucrative office*
Se^. XXXVI. That all cfommiffions and grants fhalj run in the name of the ftate of North-Carolina,
and bear teft and be figned by the governor ; and all writs run in the fame manner, and bear teft and be
figned by the clerks of the refpe^ive courts j indidments fhall conclude, againft the peace and dignity of
the ftate.
Sea. XXXVII. Repealed by tie Conjlitution of the United States.
SeSli XXXVIII. That there fhall be a fheriff, coroner or coronersj and conftables in each county with-
in this ftate.
Sea. XXXIX. That the perfbh of a debtor, where there is not a ftrong prefumption of fraud, fliall
not be confined in prifon after delivering up, honafidt, all his eftate, real and perfonal, for the ufe of his
creditors, in fuch manner as fliall be hereafter regulated by law. All prifoners fliall be bailable by fuffici;;
§uit tureties, unlefe for capital offeacei, when the proof is evident, or the prefumption great.
196 1776. SeB. XL. That every foreigner who comes to fettle in 'this ftate, having firfl: taken an oath of allegi-
U*nr>«J ance to the fame, may purchafe, or by other juft means acquire, hold, and transfer land ©r other real ef-
tate ; and after one year's refidence, fhall be deemed a free citizen.
SeB. XLI. That a fchool or fchools fhall be eftablifhed by the legifiature for the convenient inftrufti-
on of youth, with fuch falarles to the mafters paid by the public, as may enable them to inftradl at low
prices ; and all ufeful learning (hall be duly encouraged and promoted in one or more univerfities.
SeB. XLII. That no purchafe of lands fhall be made of the Indian natives, but on behalf of the pub-
lic, and by authority of the general afTembly.
Sect. XLIII. That the future legifiature of this ftate fliall regulate entails in fuch a manner as to pre-
vent perpetuities.
Sect. XLIV. That the declaration of rights is hereby declared to be part of the conftitution of this ftate,
and ought never to be violated on any pretence whatever.
Sect. XLV. That any member of either houfe of the general afTembly, ftiall have liberty to difTent from,
and proteft againft any a£l or refolve which he may think injurioiK to the public or any individual, and
have the reafons of his difTent entered on the journals.
SeB. XLVI. That neither houfe of the General AfTembly (hall proceed upon public bufinsfs, unlefs
a majority of all the members of fuch houfe are aftually prefent ; and that upon a motion made and fe-
conded, the yeas and nays upon any queftion fhall be taken and entered on the journals ; and that the
journals of the proceedings of both houfes of the general afTembly, fhall be printed and made public im»
mediately after their adjournment.
This conftitution is not intended to preclude the prefent congrefs from making a temporary provifion
for the well ordering of this ftate, until the general afTembly (hall eftablifh government agreeable to th©
mode herein before prefcribed,
R. CASWELL, PreftdmU
Dec. the JSth Day, A. D. 1776, Read the third ">
time, and raiiSed in opah Congress 5
Jas. Green, jun. Secretary.
Cepyt Teji, J, Glasgow, Secretary,
1783, 6, An ordinance to empoiver the Governor to ijfue a proclamation requiring all perfons itho have at any timey by tet
17 ae, 23, L
1788, 4.
ing arms againjl the liberty of Americoy adhering to, comforting^ or abetting the enemies thereof ; or by words
difrefpeBfuly e •• fending to prejudice the independ nee of the United States of America, or of this -date in parti-
cular, to come in before a certain day therein mentioned, and tpke an oath sf aliig anctr and makefubmiffton, on
pain of being corftdered as enemies, and treated accordingly.
WHEREAS divers perfons within this ftate have been in a£lual arms againft the liberties of the U-
nited States of America, or have adhered to the King and parUament of Great-Britain againft the
fame, or have comforted and abetted the enemies thereof, or by words and fpeeches have endeavoured to.
difafTe£l and difunite the good people, with defign to weaken and obftru£t the neceflary efforts of the faid
ftates againft the wrongs and hoftilities of the faid King and parliament of Great-Britain \ and it being
tioped that fuch perfons are now become fenfible of the wickednefs and folly of endeavouring to fubjeft
their country to m.ifery and flavery, and are penitent for the fame :
IL Beit ordained b'^ the authority of this Congrefs, That his Excellency the Governor fliall ifTite a procla-
mation, in the name of this ftate, offering free pardon and protedion to all perfons who fhall at any time
within ninety days after the date of the faid proclamation, appear before fome court, or judge or juftice
of the peace, and in the moft folemn manner, take the following oath, to wit,
« L A. B. do fincerely promife and fwear, that I will be faithful and bear true allegiance to the ftate of
«« North-Carolina, and to the powers and authorities which are or may be eftablifhed for the government
« thereof, and that I will to the utmoft of my power, maintain and defend the fame againft all attempts
«' whatfoever • and I do fwear, that I will do no ad wittingly, whereby the independence of the faid ftate
«' may be deftroyed or injured. SO HELP ME GOD »
And all fuch perfons rtfufing or regleGing to take the faid oath witl:in the time aforefaid, and in manner
aforefaid, ft all be and are hereby declared ir-tapable of bringing any fuit or adtion, real, perfonal or mixed
before any court, judge or mngiftrate within thisflate ; or being fued,. plead or make defence ; or of pro-
fecuting any indiftment; or of purchafing or transferring any lands, tenements or hereditaments, the fame
.ftiaUbe and are hereby deehred to.be forfeited to this (late, beingfirflfoundlty inquefi: of a jury. Previ- 1776. 197
ded, That where any perfori (hall be put of the limits of this ftate, in prifon, non compos mentis^ under the Cii*-vO
age of twenty-one years, heihall notiijcur atjy of the penakiesor difabilities aforefaid, unlefs he fhall ne-
, gle£l or refufe to take the faid oath within the, time aforefaid after fuch imipediments fliall be removed. Pro-
vided alfo, That the above laft provifo (hall not extend tpaay.perfons who have been, now are, or hereafter
ihall be, in open enmity with this ftate, or in the dominions and under the authority of the enemies of A-
' nierica willingly remaining, but the fame (hall be left to the future legiflature of this ftate, to be provided
.for in the fame manner as if this ordinance had never be^ made.
^ " ' "' - ' • ^Ratified the 22d of November, 1776.
An ordinance/or appointivg a Governor , Council. of Ji^e, andjecretary, until the tifxt ■General AJfein^
bly. EXf .
JRa'ified the xoth qfHeccmb^r, 1776.
fAn ordinance i)f the Jlate of North-Carolina to fecure the titles of church lands and hsufes ^of public VJorjhip^tathi
proprietors thereof, and quiet them in the peaceable pojfejfionpj the fame.
WHEREAS controverfies may arife concerning the titles, property and occupancy of glebes, church
lands, and the feveral churches, chapefs and other houfes built for the purpofe of public worfhip in
.tlvs ftate, and fuch controyenfies might prove injurious. to,.tlie pea,ce and tranquility thereof : For preyention
whereof. • ■ ■ . . -
11. Be it ordained and declared by the Reprfentatives of the freemen of the fate of North -Carolina, in Congreff
offembkd, and by the authoraty oftt^efame, T-hat allgleoM, -lands and tenements,- heretofore purchafed,..given
or devifed for the fupport of any particular mmil^y or mode of worfliip ; and all churches, chapels and
' other hoUfes built for the purpofe of public worfhip, fliall be and remain forever to the ufe and occupancy
of that religious fociety, church, feft, denomination, to or for which the faid glebes, lands and tenements
were fo purchafed,>giv€n or devifed, qr the faid churches, chapejs or other houCes pf public worfhip were
:bjiiit. • ' ■■ '■'■ *^ '' •■' ■'''''■' '■ ' ■' '■■ '■"''" ^ '■ "" '' ' ■ :
An or dinar c to appoint c-.rtain commijffionersto riinvt the flat utes and a&s of .^Jfembly heretofore in
' Jorce andufein Ncrtk- Carolina, and to prepare bills for the conf deration of the next AJfembly. Exp.
4a or dinar ce to enable certain inhabitants of certain counties therein mentioned, and the di/irict Wajh-
ingtcn, to vote iji electio.nsfpr^sfn(it.ors. JE^p.
^n ordinance for appointing collectors at the ports of Currituck, Roanoke, Bath, Beaufort, and BruU'
*'■■ ' ■■ ' ' > ■ / ' fwick. EXP.
Ratijiedthe 0,1)1 oj Dectmbtr, 1776.
AnOrdinancefor appointing certain c6mmiJftoners therein named, to procure a great seal for this fate, and other 177Z i,
'^'- purposes therein mentioned.
WHEREAS it is necefTary that a great feal ihould immediately fee procured for this ftate for the ufe
of the Governor for the time being, to be" affixed to all grants, proclamations and other public
adts ; aud that certain conjmijEoners be appointed for that pfjtrppfe :
II. Be it therefore ordained, and it is hereby ordained, by the reprefentatives of the freemen of the flate of North-
QarqUna^n:Congrcss affembled, and by the authority of the same. That William Hopper, -Jofeph Hewes, and
Thomas Burke, Efquires, be appointed commiffioners to procure for this ftate, for the ufe of the Governor
for the time being thereof, a great feal, to be affixed to all grants, proclamations and other public a<£ls.
III, ^ndhe it further enaSled iy the authority aforesaid. That the Governor for the time (hall, until the
great feal can be procured, make ufe of his own private feal at arms, and affix the fame to all grants, pro-
r;l3mations, and other pjablic a£ls of this ftate. ,^ t
•' '^ - -> Ratified the 22d of December, 1776,
Vol. h 3 JE . .» .
CORNELLS HARNET'I', Vm-PrefidenU
Congress, the 23d of Deciinber, 1776.
X^t 1 776. An ordinance forfuppjfing the puhftc tireafury wHV mine f fair the eixigtheier of this Jiatey tini for the ft^port ^ '
t.K'vO that part of the continental arttt^JiatiTntd therein^
I. T) E '' ordatnedy That the treafurer' ox" tfraftif efs of this ftate'lSe' empowered to draw on the c<J«f!-
JQ nental treafurer, on the account antl credft'of this ftate,' for any fum or funis not exceeding five'
hundred thoufand dollars, for the purpofe of paying the' ctyntinerrtaltroops ! and the incidental charges '
and difburfenients neceflary thereto ; which fuhij or fo much thereof as fliall 1>€^ .drawn, the faid treafur- '
ef or treafurers fhall account for with next General Aflembly to be held for this" ftate. And in cafe a
fufficient fum for the purpofe aforefaid, cannot be procured on- the draughts of the treafurer or tieafar- "
ers, Be it ordained y That the faid treafurer or treaftirers be empowered to borrow money from the fink-
ing fund for the fame ; and if there (hall not be money fufficient in the treafury on account of the faid '
furid. Be it ordainedy That the treafurer or tffeafurers be empowered to borrow money on the faith and
credit of this ftate, to the amount of the deficiency,' at an intereft' not exceeding fix per cent, per an- '
num, and that this ftate fhall be pledged to repay the fame; And in cafe the neceflary fums of money
for the purpofe aforefaid cannot be raifed by the ways and means aforefaid,' Be it ordatnedy That his
excellency the governor be empowered to apply to th*" ewitinental congreis for fueh fum or fums as may
be neceflary.
Temporaiys Jin ordinance declaring nvho (hall be governot itf this li of e until the end ef the feffion of the next General J^m<'
hlyy in cafe of the deathy re/tgnatien vr ahfence ef biiBfteeUency. Richard C^welly Efq^ apptanted Governor by'
this congrefs.
An ordinance to ejiablifh courts for the trial of criminals in each di/triSi within this Rate, and for vefling in the
feveral fejjtons oj the peace the poioer of appointing jurymen for the faid difiriSi courts y and conflituting judges -
te prefide therein. EXP.
An ordinance ts enforce ihefiatuftlawsy and fach parts of the dUhmsntato and aRs of MB^tty heretofore in'
- ufe here 'y alfo to enfo) ce the refqlvei of the conventions and congreffes of this flate •whicWfiave ntt had their' •
effeEl.
[Sxpiredf except a daufe repealing altfcrrHer'reJblvi's cdnftitiitihg cotn/nitteesJ} I
Ah ordinance for appointing jitfiices of the peace, Ojeriffs and conflables for the fever al counties in this Rate ;
for eredingceunty courts fyr the purpofes i)f holding fejjions of the peacey and putting into ixecuticn the laws re-
lative to orphans y guardians and highvfayfy tmtU prwifion fhall be made by the General Affembly of thisflate
for thejame. exp.
An ordinance for the appointing a treafurer for thefouihern difiriSi in the room of Richard Cafwelly Efq. exp; ' \
i
An ordinance concerning marriages, exp, %
,i
An ordinance declaring what floall be treafon in thai fhtcy and fur punifhing the famey and -other crimes and \
.;; pradices committed therein. ■ exp. j
Temporary. Ait ordinance declaring certain pratdcts mifdtmeancrt etgainft theflatey oftdj'^ puni/hing the fame. \
Frov'idedforhy AtiPPl^fiancedir'i^i-ng the Qualification of T/icmiers of tki &jneral A/fembly, and all officers uvilnncl--
subse^uemafli, miiitary.
Head the third i?n«e. aliiJ faVifidd in fifik') ■
Copyy Tejli / h GtAsGaw, v Secretary ^"^
, 1777. 199
» t
XIWIwWI— »———«— in l»l M l««g«0»««fc«f<l*»*»
At a General ASSEMBLY, begun and held at Newbern, on the Eighth RicHAitDCAs-
Day of April, in the year of our Lord One Thousand seven Hundred and Governor?"
Seventy-seven, and in the First Year of the Independence of the said
State: Being the First Session of this Assembly,
An aSl to eftahliOj a militid'in thitjiate. CHAt>. 1;
Ref)» and provided for Uy subsequent suSs,
An act for Lvyivg a tax by general rtjfef mint, and other pur pofes. chap. 2.
Kep 2,1777,13.?
jn aB declaring nuhat crimes and pra'Bites againji the Jlatejhall he trtafm., and tvhatjhall be tnilprijion of <^^^^' 3.
treaiony and providing puniOjntent adequate to crimes of both clajfsy aiid fer prf&enting the dangers 'which '^'^.^''^'J^-
ma'j arise from pe sons disaffeEied to the Jiite* * , »>.
I. "J^ E // enaBed by the General Ajfembly of theflede of Nartb'-Carolinay and it is herehy-enaeted by thf author Persons owinj.
fj rity of thesame^ That all and every perfon and perfons (prifoneTS of war excepted) now inhabit- allegiance tothe.
itig or refiding within the limits of the ftate of North-Carolina, or who (hall voluntarily come into the *"^''-
fame hereafter to inhabit or refide, do owe, and fliail pay allegiance to the ftate of North Carolina*
II. And be it further enaSled by the authority afcrefaid fTh^tt if any perfon or perfons belonging to, or res* Crimes declared
fiding within this ftate, and under the prote£lidn' t>f its laws, ^ fhall tike a commillion or comraiiljons high treason.
from the King of Great-Britain, or any under his authority, or other the enemies of this ftate, or the
United States of America ; or fhall levy war againft this ftat*,- or the government thereof ; or kno\,v-
ingly and willingly (hall aid or affift any enemies at open waragainft this ftatej or the United States of
America, by joining their armies, or by inlifting, or procuring or pierfuading others to inlift for that
purpofe, of by furnifhing fuch enemies with arms, ammunition, provifion, or any other article for their
aid or comfort j or ftiall form, • or be in any wife concerned in forming, any combination, plot, or con-
fpiracy, for betraying this ftate, or the United States of America, into the hands or power of any fo-
reign enemy ; or fliall give or fend any intelligence to the enemies of this ftate for that purpofe; every
perfon fo offending, and being thereof legally convicted by the evidence of twa fufficient ■w^itneffes, or
ftanding mute, or peremptorily challenging- more than thirty-five jurors, in any court of oyer and ter-
miner, ofother court that fhall and may be eftablifhed for the trial of fuch offences, fhall be adjudged
guilty of high-tr6afon, and fhall fufFer death without the benefit of clergy, and his oi" her eftate fhall
be forfeited to the ftate. Providedy thzt the judge or judges of the court wherein fuch conviftion may
be, fhall and may order and appropriate fo much ctf the traitor's eftate> as to him or tbera may. appear
fiifiicient, for the fupport of his or her family.
III. And be it further enaQed by the authority aforesaid, That if any perfon ot perfons wiSiin this'ftate fliall Misprision of'
attempt to convey intelligence to the enemies of this ftate or of the United States ; otjihall publicly and nesuon.
deliberately fpeak or write againft our public defence ; or fhall malicioufly and advifedly endeavour to
eixcite the people to refift the goverftment of this ftate, or perfuade them to return to a dependance on the
crown of Great-Britain ; or fhall knowmgly fpread falfe and difpiriting news, or malicioufly and advifedly '
terrify and difcourage the people from inlifting iritothie ferviceof the ftate \ or fiiall ftir up or excite tu**
niults, difordefs or infurreftiohs in the state ; or difpofe the people to favour the enemy, or oppofe and
endeavour to prevent the meafures carrying on in fupport of the freedom and independence of the faid-
United States j every fuch perfon or perfons being thereof legally convicted by the evidence of two or
niore creditable witnefTes, or other fufficient teftimony, fhall be adjudged guilty of miffarifion of treafon,
and fhall fufFer imprifortment during the war, and" forfeit to the ftate one' half of his, her o^ their lands, j
tenements, goods and c!iattels. ,
IV. And be it further itiacfed by the authority aforesaid, That all offences by this a£t declared mifprifion of "',vhere ccgniz.
treafon fnall be cognizablcbcfore any juftice of peace of the county, where the offeace was committed, -able.
200 1777. ot where the ofFender can be found ; and eveiy juftice of the peace within this ;^ate, on complaint to hin^
u««-<i«o made on the oath or affirmation of one or more credib'e perfon or perfons, (hall caufe fuch offender to comp
Method of pro- before him, and enter into a recognizance, with one or more fufficient furety or fureties, to be and appear
plaint'^"""'"' 2tthe next county court of the county wherein the.oflence was committed, and abide the judgment of the
faid court, and in the mean time to be of the peace aiHi good behaviour 4;oward all people in the ftate ;
and for want of fuch furety or fureties, the faid juftice fhail and may commit fuch oifender either to the
gaol of the county or diftridi where the offence was committed, and appoint a guard for the fafe conveying
of him to fuch gaol. And all perfons charged on oath or affirmation with any crime or criines by this afit
declared tobetreafon againft the ftate, fliallhe deadt with and proceeded againft^in like manner .as .the . layr
direfts in refpedl of other capital crimes.
-Persors obliged y^ ^nd whereas the fafety of the ftate, and the prefent critical fitaation of affairs, make it neceffary
ofaUegianoe^or ^^^* ^^' perfons who owe or acknowledge allegiance or obedience to the King of Great-Britain, fhould be
depart me .removed out of the ,ftate-, Be it enaBed by the authority a/orefaidfThd^zll the late officers of the king of
state. Great-Britain, and all perfons (Quakers excepted) being fubje£ls of this ftate, and now living therein, or
,who fhall hereafter come to live therein, -who haxe traded jmmc-diately to XSreat-Britaia or Ireland withia
ten years laft part, in their own right, or adJred as fadtors, ftorekeepers, or agents, here or in any of this
United States' of America, for merchants refiding inGicat-Britain or Ireland* ftiaU take t^e following oatlj
of abjuration and allegiance, or depart out of the ftate, viz. « I will bear faithful and true allegiance to
*< the State of North-Carolina, and will to the utmoft of my power, fupport, mai?itain, and defend the in-
*' dependent goverflment'thereof, againft George.thft, third. King of Great-Britain, and his fucceffors^ and
" the attempts of any other perfon, prince, power, ftate, or potentate, who by fecret arts, treafons, confpi-
^ racies, or by open force, fhall attempt to fubvert the fame, and will in every refpeft conduft mylelf as a
« peaceful, orderly fubjeft ; and tiiat I will difclofe and make known lo the Governor, fomc member of the
«• Council of ftate, or fome juftice of the peace, all treafons, confpiracies, and attempts, committed or in-
*• tended againft the ftate,v/hichft\all,come to my. knowledge." And that all perfons being Quakers, anji
under the circumftances abovementioned, .fli^U make .the following affirmation, or depart out of the ftate :
"I. A. B. dofolemnly and Cncerely declare andaffirm,thatlwill bear true allegiance to the independent ftate
«« of NorthrCarolina, and to the powers and authorities which are or may be eftabliftied for the good go-
«« vernment thereof, and I do renounce any allegianqe to. the prefeht .King of Great- Britain, his heirs and
*' fucceflbrs ; and that I will difclofe and make known to the Governor, fome member of the council of
*« ftate, or juftice of the peace, all treafons, Confpiracies, or attempts, committed or intended againft the
" fame, which fhall ccrme to my knowledge." And the faid oath or affirmation ffiall be taken and fubfcribed
in open court in the county where the perfon or perfons taking the fame, ftiall or do ufually refide.'
•ciieih*m"toat3- ^^' '^"'^ be further it enacted by the aujthority afore/aid. That the county court in each and every county,
pear, and every juftice of peace in each refpeiftive county, fliall have full power to iffue citations againft perfons
coming within the above defcription, as officers, merchants, traders, fafiors, ftorekeepers, or agents, and
to demand furety on recogqizancej if neceffary, and to require their attendance at the ne'it en fuing court
if tht^p^rson" i^ *.° ^^ ^^^^ fo'" ^^^ couuty J and , if any perfon fo cited (due proof being made thereof) ftiall fail or negleft
ted fail to ap. to attend, or attending ftiall tefufe to tak-e the .f^id oatli or affirmati<jn (as the cafe may be) then the faid
P^*'" court ffiall and may have full power and authority to order fuch perfon to depart out of this ftate to Eu'^
Penally for not '^^'P^ °' ^^ "WeftT:Indies, vifithin fixty days, and may take bond afid fecurlty, in the name of the Governor,
complying with for the benefit of^e ftate, for faithful compliance with fuch order. And if any perfon fo ordered j fliajl,
^he order of fail or negle£l: to depart within the limited time, fuch bond ftialJ bp torfeited to tlic ftate, without good
""'^" and fufficient reafon {hewn to and approved of by the Governor and .Council ; a^-.d the juftices, or any of
them, in the county wherein the perfon fo failing or neglecting to dep.irt ftiall be found, fhall and may
•caufe himto be apprehended and brought before the court of the county .where the order was made ; and,
the faid court fliall in fuch cafe fend the perfon ib oiTending, as fpeedily as may be oyt of the ftate, either
.to Europe or the .Weft-Indies, at the coft and charges of fuch offender. Provided neveitheless,' Thzt alt
, and every fuch perfon aad perfons fhall have liberty to fell and difpofe of hij of their eftates, and after
ordered out of fatisfying all juft demands, to export the amount in produce (provifions and naval ftores excepted) arid
the state have may alfo nominate and appoint ah attorney or attornies to fell and difpofe of his or their eftates, for hij(
liberty to sell, or their ufe and benefit ; but in cafe any real eftate belonging to anyfuch perfon, fliall remain unfold for
Aheir«sutM,° "^°^^ ^^^" ^'^'^^ months next after the owner thereof h^th departed this ftate, the fame ftia|I be .forfeited I
8ic. ' to syidfp^ the ufe of the public. • ■ ' ' . ' '4' ' "' ' '''•.
■ "^rS1..4ndbeitJurt'herena&edhyfheauthsntyApnsddy'Ti\2it\}?'^^^ offfirom 1777. 201
this ftate» (hall return to the famcj then,fuch perfoii fhall te scijudged guiky of trealbn agaiuft the ftate, '-.(nf-^o
and {hall and may be proceeded agaiuft in like manner as is herein 'dire£ted in cafes of treafon. Vm-Ay for le-
VIII. And.beit further enaBedky the authority afcre/aidi ."Vhzt each 2Xid e\e^y]vi{^^^ each refpe£live '"''"'"^*
county may cite any perfon or perfons to appear hefoje the county court where fuch perfon orperfons ufu- cn"'nersonT to
ally refide, and take the aforelaid oath or affirmation ; and in cafe of non-attendance or refufal, the faid appear and take
court fhall and may have full power to compel fuch perfon or perfons to leave the Hate, uacl,er the fame tiie oath,
regulations herein mentioned in other calces.
• Ai net concermng octk':. ' CHAP. 4',
WHEREAS lawful oaths, for the difcovery of truth, and eftabKlhing right, are nec^lTary. and high- 2, IPf^.S.
ly conducive to the important ends of gopd government ; and being moil fclcmn ;ippea!s to Al- j-^g^ ^i
mighty God, as the omnifcient witnefs of the truth, juft and om.nipotent avenger of falfehcod, fuch oaths
ought therefore to be taken and adrniniftered with the utmoft folemnity :
W.Beit therejore emEkd by the .General -Affembly ofthejiaie of North-CaroJIra, and by the authority of the '^^"^^^''°^^^^-
fame, That Judges, Juftices of the peace, and other perfons, w^ho are or (hall be empowered to adminifter '"^ * '
oath^, fhall (efxcept In the cafes in this a£t excepted) require the party to be fworn tolay his hand upon
the holy evangelifts of Almighty God, in token of his engagement to I'peak the truth, ashe hopes to be faved
in the way and method of falvatioii pointed out in that blefied volume, and in further, token, that if he
(hould fwerv« from the truth, he may juftly be<leprpved of all the bleflings of the gofpel, and made !i;:b e
to that vetigeance which he has in precated on his own head ; and after repeating the words So help me
God, fhall kifs the holy gofpels, as a feal of confirmation to the faid engagements.
III. ^Jnd be it enacted by the authority aforesaid. That in all cafes when aiiy ji dges, -jufiic s of the peace. Method where
or other perfons, are or ihall be empov.-ered to adminifter any manner of oath in this ftate, and the perfon pe' sons are con.
to be fworn (hall be conicien-tioiifly fc-ruf ulcus of takirvg a Jbook oath in manner aforefaid, and prv^y the <cjuku1oiwv^
benefit of this aft, it (hall and may he lawful for all fuch judges, juftices, and. other perfons, flrwl they,
and each of them, are hereby, required to excufe fuch perfon from laying hands upon or touching the holy
gofpels ; and the faid judges, jtifticesj and others, are hereby direfted in fuch cafe to adminifter the oath
required, in the following manner, toivit. The party fo confcientiouflyfcrupulous, and praying the bene-
fit of this acl, (hall (land with his right hand lifted up towards Heaven, -in token of his folemn appeal to
the fupreme God, whofe dwelling is in the higheft Heavens, and alfo in token, that if he (hould fwerve
from the truths he would draw down the vengeance of Heaven upon his head, and" (hall introduce the in-
tended oath with thefe. words, viz. " I./ A. B. do appeal to God, as a witnefs o£the truth and avenger
of falfehood, as I (hall anfwer the fame at the great day of judgment, when thefecrets of all hearts (hall
be known, that, &c." as the words of the oath m.ay be. And it is hereby declared. That an oath thus ad-
miniftered and taken, with the right hand lifted rp, is and (hall be a lawful oath in this ftate ; and fuch
eath (hall be admitted and ufed in all courts in this ftate where the fame (hall be requefted as aforefaid,
and ihall be equally good and valid in law, to all intents andpurpofss, as if the fame oath haid been taken
by the party, haying laid his hand upon, and ki(red the holy gofpels.
IV. And be it etiaSed by the authority ajorefiid, That the folemn affirmation of Quakers, Moravian?, and I" ^hat cases
Menonifts,made in the manner heretofore ufed and accuftomed, (hall be admitted as evidence in civil con- q"^1^^^^\
troverfies in this ftate ; and where other perfons are required to take an oath or oaths to the ftate, the faid be admitted,
Quakers,Moravians and Menonifts, (hall make their folemn affirmations in the words of the faid oath or
paths, beginning after the wQxAf'wear, or (hall m^lj:e fych affirmations as (hall be hereafter provided for ^^^^' ^' ^^'
them by law,
^n a&for the punijiiment effuck perfons as Jliall procure or commit any wilful perjury. Repealed^ chap. 5.
:VoL 2. 9,
An act to prevmt dom'flic iti/urrection, and far ether pvrpofes. CHAP. 6.^
WHEREAS the evil and pernicious praftice of freeing (laves in this ftate, ought at this alarming ^''''9. 12.
and critical time to be guarded againft by every friend andwellwiflier to his country ; ^^^* ^ ^
Vol. I. ■ 3F
II. Beit therefore enaSled by the General A ffemhly of the flate of North-Carolind'y and hy the authority of ike
fame, That no 'negro or mulatto flave {hall hereafter be let free,' except iot meritorious fervices, to be ad-
judged of and allowed by the county courty and licence firft had and' obtained thereupon. And when a-"
ny Save is or fhall be fet free by his or her mafter or owner otherwife than is herein before directed, it.fliall '
and may be lawful for any freeholder in this ftate, to apprehend and take up fuch flave, and deliver him
or her to the IherifFof the county, who, on receiving fuch Have,- (hall give fuch freeholder a receipt for
the fame ; and the IherifF fhall commit all fuch flaves to the gaol of the county, there to remain until the
"next court to be held for fuch county j and the court of the couhty (hall of der all fuch confined flaves to'
be fold during the term to the higheft bidder,
III. Provided always. That the flieriff, upon cbmmittbg any fuch flave or flaves, fhall at leaft five days '.
before fuch fale, give notice in writing to the laft owner or owners, or the reputed owner or owners, of
fuch flave or flaves, of the time and place of fale, and of the name and names of fuch flaves, to the end .
that fuch owner or owners may, if he or they think proper,- make his or their claim to the fame ; but if
fuch owner or owners fhall negleft or refufe to appear on the day of fale (due proof of the fervice of fuch
notice being made to the fatisfaftion of the court) fuch owner or owners, lo negledling or refufin^, fhall be
forever barred from making any claim to fuch flavesi
IV. And be it further enacted by the authority aforefaid. That' the neat' proceeds of the money arifing by
fuch fale (hall be difpofed of in the following manner, that is to fay, That one fifth part thereof fhaS be
paid to the t;ikers up of fuch negroes or mulattbes, and that the remaining part of fuch money be paid
into the hands of the public treafurersi to defray, the- cOotingent charges of government/ and to so ''
other intent, ufe or purpofe, whatfoever.-
V. And be it enacted by the authority cfvrefaid,^ That if any flave or flaves fhair hereafter be allow-"
ed by his or her mafter, miftrefs, or overfeer, or other perfon having the care of. fuch flave or :flaves
to hire out him or herfelf, fuch flavo may be taken up by any magiftrate or freeholder, and kept to hard
kbour, for the afe of the poor of the county^ for any time not exceeding twenty! days ; any law, uiage,
or cuftom to the contrary aotwithftanding.'
CHAP, 7. An act for the encouragement of the militia etitd M^luinteets employed in prcftcuiing the prefint Indian war, E»Fi'
202 1777.
Slaves not to be
set free, but for
rneritorious ser-
vices, &c.
Proceedings
where slaves
»re otherwise «
set free.
Notice to be
g'.ven to the
Owners, who
are to be bar-
red if they do
not claim.
Money arising
by the sale of
the slaves ap-
propriated.
Ko slave to be
allowed to hire
bimself out.
w
CHAP. 8. An act for the a^pdintmer^'ef regifltrsin the feveral counties in ihisflate.
Provided for by 2, 1777, 8, .
CHAP. 10. An cci for ihe relief of such persons noho hdvi or fhdy sttffer by their deeds and mesne conveyances not being
proved and rtgi/iered lOithin the time heret^ore appointed by law.
HEREAS many perfons through ignorance of the law, have negle£l;ed to have tlieir (ieeds and
mefne conveyances proved and regiftered according to the diredlions of the feveral a(Sls of Af-
fembly in fuch cafe made and provided .-For remaly whereof, ■
II. Be it enaSted by the General AJfembly of the jtate if North-Carolina, and by the authority of the fame. That ■
all deeds and mefne conveyances of lands, tenemeht8,»nd hereditaments, not already regittered,acknowl€dg-
ed or proved, fhall and may, within two y-ears after the pafling-of this SlOl, be' acknowledged by the grantor
OT grantors, his or their agents or atterneyv or proved by one or more of "the fubfcribing witnefles of the '
fame, and tendered or delivered to the regifbers of the countie* where fuch lands; twiements, or heredi- '
laments, are refpeftively fituated"; and all deeds and mefne' conveyances whatfoever, which 'fhall be ac-'
knowledged or proved according to the dire<Eiions of this adl:, =though not within two years after the dat«
of therefpeftive conveyances^' ftall be-good and valid in laWi and fhall enure'and take eS^6l as fully and
efl^e£lually to the ufe and behoof of -the grantees, • their heirs and afligns, and thofe claiming under them
as if fuch deeds and conveyances were acknowledged or proved, and- regiftered, agreeable to the direc-"
tions of any .a£l of Afiembly.heT'Ctofore made, -
Further time
allowed for
proving deeds.
jf\nte p 186.
1780, IJ.
CHAP. 17.
Caswell exefl-
cd.
An act for establiihing a new county between Hillsborbugh and the Virginia line, by erecting ihe northern par
Orange county into a distinct county, by tie ttame of Cajuvejl.
7 HEjREAS tfae large «xtent of the county of Orange rendtei* the attendance «f the iuhabkajits o£
^ the noTthorn part to do publk dutias «atremely difiicuit and^eapenijve ; For remedy whereof
II. Be it enacied l-y the General AJfembly of thejiate ef fforth- Carolina, and by the authoi ity of the fame. That
from and after the firft day of June next, theinhabitants of the county of Orange lying to the north of a point
twelve miles due noith of Hillfborough,, a'fid'bouiided as- follows,, to wit, beginning, at the aforefaid
j^olnt^ running thence due eaft to Oranvltle county line, tfience north along Granville County line to the l*???, 20a
Virginia line, thence weft along the Virginia line to Guilford county line, thence (outh along v^^-v***
Guilford county line to a point due weft of the beginning, thence due eaft to tha beginning, be eueil^d
into a diftinft county, by the name of Cafwell -county.
[ rhe remuindeir uHneceJfary to be inserted^]
jin a3 for dividing the county of Pafquotanhy and eftahliihing that pnrt thericf on the north-eaji fide of Paf- CHi1>. 18
quotank river a county, by the name of Camden.
HEREA5 by reafon of the width of Fafquotank river, and the difEculty of paiSng the fame, ef-
pecially in boifterous weather, it is extremely inconvenient for the inhabitants who live on the.
liorth eaft fide of faid river to attend courts and other public bufinefs in the CQunty of Paiquotank, For
remedy whereof, -
II. Be it therefore enacted by the General Affembly of the fate ef North Cardinal and it is hereby enacted by Camden ere£l.
the authority of the fame y That all that part of Fafquotank county, lying on the north eaft fide of the faid ^
river, and of a line to be run from the head of the faid riv€T, a nofth weft cottrfe to ihs Virginia line
ihallbe, and is hereby eftabliftied a county, by the name of Gamden*
[The remainder unnecejfary to be injerted.'\
An aSi for dividing Rowan county^ and other purpofes therein tftentioned. CHAP. 19i
WHEREAS the large extent of the county of Rowan, renders it grievous and troublefome to ma-
ny of the inhabitants thereof, to attend the courts and general ele(9:ions, and other public meet-
ings appointed therein ; . .
II. Be it therefore enaEled by the General AJfembly ofthejiaie of North-Carolina, and by the authority efthe Burks ereiSeii.
famey That from and after the firft day of June next, the faid county ot Rowan be divided by a line be-
ginning at the Catawba river,' on the line between Rowan and Tryon counties ; thence running up the
meanders of faid river to the north end of an iflandj known by the name of the Three Cornered ifland •
thence north to the ridge that divides the Yadkin and Catawba waters, then wefterly along the ridge to
the mountain which divides the eaftern and weftern waters, commonly known by the name of the Blue
Mountain. And that all that part of the late county of Rowan which lies to the eaft of the faid dividing
(ine, (hall continue and remain a diftinft county, by the name of Rowan ; and all that other part of the
faid county of Rowan which lies weft and fouth of the faid dividing line, fhall thenceforth be erefled into*
rnew and diftinft county, by the name of Burke.'
[The remainder unneceffary to be infertfd.'\-
An aS to promote the recruiting fervice, apprehending deferteri, and other purpofes therein mentioned, exp. chap. 21;
An aSt to prevent hunting leith a gun by fire-light in the night. chap. 22 '
Provi led for ly subsequent adis;
An aB to prevent the forging or counterfeiting, and punifh fuch perfons as fhall forge or counterfeit, or pafs or CHAP. 23.
vend kno-wing the fame to be forged or counterfeited, any of the lottery tickets of the United States, and for other
purpofes. EXP.
in aB for continuing an aB, entitled, « An a(El: to amend an adl, entitled. An aft what fences are fufficient, chap 24'
and to amend and continue an a6l relating to taJuog up ftray-horfes." exp. '
An act for afcerfaining the f alary ofth. e governor, anfi other purpofes therein mentioned. EXP.
CHAP. 25o
f« aQ for enforcing thef\atute laws, and fuch parts of the common law and acts of affembly keretof.re chaP 2« '•
in ufe here ; and alfo for enforcing the refolves of the conventions and congreffes of this Jtate which ' *
have not haa their effed, and for other purpofes therein mentioned, exp.
Art aBfor ereHing county courts atidfeffions of the peace, and alfo for appointing and commifftoningjuflices of the chap 27 ■
peace andjhertffs in and J or thefeveral eountieSf and the diftria of UTa/hmgionf -within thisjate. and for oi '
ther purpofes therein mentioned* £Xf.' -
204 1777. jttt ad ioejiablijb courts for the trial of criminals in each diflrid within thisjiatey and for vejiing in the jeverah
U^-y-nJ county courts and sejftons of the peace the power oj appointing jurymen jar. the said diftrict courts ^ and confiituting \
CHAP. 28. judges topreftde therein. , exp. -;
THE TITLESOF THE PR IfVA T E AC T S.
:
9 An act to empower the justices of Bladen county tp'take in- J4 An aft for appointing cmraissiorers to finish the J!)uilding of
to their possession the records of the said county, now in acoarthouse, prison and stc^cks in the county of Gu'iN
possession of Maturin Colville. ford.
11 An aft for establishing fairs in the town of Halifax, in Hali- - 15 An aft for establishing a town on the land of John Smith
fax county, and other purposes.
12 An a<a for enlarging the time of saving lots in the town of 16 An aS for the regulation of the town.of Hillsbwough.
Windsor, in Bertie county, 20 An aiS for' incorporating the president and trustees of Liber* '
13 An aft for appointing commissioners for building a court- ty-hall, in the county of Mecklenburg,
house, prison and stocks for the coun^ of Tryon. '
. Ee^ three ^Zi^iM ratified jnj^ei;ieral Assembl^.the ninth day of May, 1777.
Signed by Samuel Ashe, s, s.
Abner Nash, s, c.
2,1777. 205
At a Genera! ASSEMBLY, begun and held at Newbern, on the Fifteenth ^//Jl^J*"
Day of November, in the Year of our Lord One Thousand Seven Hun- Governor.
dred and Seventy-seven, and in the Second Year of the Independence of
the said State: Being the Second Session of ti'iis Assembly,
/m aSi for ejlablijinttg ojjices for receiving entries of claims for lands in the feveral counties nvHhin this flate^ for cHAP. 1.
afeertaining the method of obtaining titles to the famCf and for other purpofes therein mentioned. ^V^'"^'
WHERE AvS it is expedient that the lands within this ftate fhould be parcelled out to induftrious pao- J^^^> ^i
pie, for the fettlement thereof, and increafiug the ftrength and number of the people of the coun- 1780I it.
try, by affording an eafy and comfortable fubfiftenee for famiHes .• irso, 7.
i-^ II. Be it therefore enaifedh the General AJemhlyoJtheJiate of North -Carolina, and it is hereby enaBed by the au- ^^^^^^ ^^^^^
thority of the fame. That the juftices of the peace in every county within this ftate, on the fecond day of the ' ' ' ,
next court which (hall be helti after the end of this prefent feffion of affembly, and afterwards at the next ^^"J'JuJ^ey^s
court which fhall be held after each refpe£live vacancy, (hall eleS one good and fufficient perfon to receive ^o be elefted.
entries of claims fcr lands within fuch county refpeftively, and alfo one perfon properly qualified to be fur-
veyor of lands within the fame •, at which eleftion, whofoever fhall appear to have the majority of the votes
of the juftices then prefect, ftiall be deemed duly elefted, and no other •, and every perfon fo duly elefted
for either of the offices aforefaid fljali hold the faid offices refps£l:ively during good behaviour.
III. And be it further enacted by the authority aforesaid, That it ftiall and may be lawful for any person who EntWes how
is or ftiall hereafter become a citizen of this ftate, according to the conftitution thereof, and who ftiall woe made,
.perform the feveral requifites by this a£l required, to enter with tire entry taker of any county within this
ftate, a claim for any lands lying in fuch county, which have not been granted by the crown of Great-
.Britain, or the lords proprietors of Carolina, or any of them, in fee, before the fourth day of July in the
vear one thoufand feven hundred and feventy fix, or which have accrued or ftiall accrue to this ftate, by
treaty or conqueft, every fuch citizen, performing every thing by this a<a required to be previoufly done. Proviso for re-
Providedy That when any perfon ftiall have, bona fide, purchafed lands, ?nd has failed toregifter the deeds ^^^^^
for the fame within the times required by law, nothing herein contained ftiall bar him from availing him-
felf of the further times given for regiftering fuch deeds by any fubfequent law. Provided, That no per- ^^*"\'*y,^
■ ion ftiall be entitled to claim any greater quantity of land than fix hundred and forty acres, where the fur- g^-nted to one
vey ftiall be bounde<f in any part by vacant lands, or more than one thoufand acres, between the lines of person,
lards already furyeyed asd laid out for any other perfoa. persons to take
IV. And be it alfo enacted by the authority af'01 efaid, That every perfon except a guardian who UiiaU claim ^^^ ^^,^^ ^^^
for an orphan child, and except perfons abfent in the fervice of this ftate, or the United States, before he ,,^y the pur.
ftiall enter a claim for any ofthe lands aforefaid, ftinll take and fubfcribe the oath or affirmation of alle- g"^^™/
giance and abjuration, prefcribed by the bw of this ftate, which oath the entry officer is hereby empow- elj^g^i^^J^
ered and required to adminifter ; and every perfon claiming, ftiall alfo, before he ftiall be entitled to enter
a claim for anv of faid land, pay into the hands of the entry taker, at the rate of two pounds ten ftjilhngs
: for every hundred acres, togeth^ with the fees which ftiall be by this aft made lawful. Provided. That ^^^^^^^^^,
• ■where any perfon ftiall claim 3 greater quantity of lands aforefaid than fix hundred and forty acres for p^y^ ^vheie
himfelf, and one hundred acres for his wife and each of his children, including all that fuch perfons may ^''"■^ '^'^.^J^'^^
have claimed in one or more trafts or furveys under this zQt, within twelve months from the end of this J-^i^, ^^^^^^ "
prefent fetlion of Affembly, fliall pay for every hundred acres exceeding the quantity aforefaid, five pounds p^.^^,,
and fo in proportion. . . t m f
V. And be it alfo enacted hs, the authority aforefaid. that the claimant of anv bnd fliall produc^e to the entry j^^,';^;*' J ^^^
taker a writing, fetting forth the name of the county wherein the land ft all be fituated, the neareft w?ter ^e-in^ lands,
courfes and remarkable place? , srd fuch water ccurfes, laker, or ponds, as rray he therein, the ratural boun-
daries and line? of apy other perfon or perfons, if any, which divide it from other lands ', and e\ ery luch
Vol. I. / r r , ^^
206 2,1777. writing ftiall be endorfed by the entry taker, with the name of the claimant, and the tiumber of acres
\^0^\^^ claimed, and a copy thereof mall b? entered in a book, well bound and niled, with a large margin, and in-
to fpaces of equal diftances, svery fpace to contain only one entry, and every entry (hall be made in the
order of time in which it fhall be received, and numbered in the margin ; and if no perfen fhall Appear
within three months after to make claim for the fame lands, the entry taker fhall deiiver'to the party a
copy of the entry, with its proper number,, and an order to the county furveyor to furvey the fame ; which
order (hall be written or printed; on at lead half a (beet of paper : birt if any perfon ihall appear within
the time aforefaid, and fet up a claim to any lands which (halLbe entered, the entry taker Ihall note the
fame in the margin of the book of entries, oppofite to the claim in diCpute, and (hall tranfmit a copy of the
whole to the county court, to be proceeded on as by this aft is direfted,and in the mean time fhall for-
bear to ifTue any order to the furveyor relative thereto*
Manner 0* try. VI, And whereas many of the good people of this fliatej during the difcontinuance of land offices therein
ir.g disputed hayg fettled and improved lands, with intention to become lawful proprietors thereof, and by reafon there,
•Ties of lands, ^^ "° method for afcertaining the bounds of their relpeftive claims, it may happen that difputes may a-
rife refpefling bounds and priority of occupancy, and it is expedient that all fuch difputes be terminated
with as little delay and expence as poflible, confiftent with juflice and the conflitution of this ftate : Be it
therefore enacted by the authority aforefaid. That when the entry taker fhall certify to the county court a dif-
puted claim, in manner as by this aft direfted, tht faid court fhall. order the. IherifFto fummon a jury of
good and lawful men, unconnefted by affinity or <:onfanguinity with the contending parties, who fhall be
above all exceptions, and having given the parties ten days previous notice, fhall go with the faid jury on
the premifes, and the jury being fworn to do equal right between theparties, to caufethe witnefles on both
fides to be examined, and the allegations of the parties to-be made before fuch jury, and to receive the
verdift of the faid jury, and return the fame, together with the pannely; to the next county court ; and at
the faid court, if it fhall appear that the jury have found generally for any of theparties, then the court
fhall order an authentic copy of the verdift to be delivered to the party for whom the fame fhall be found
who upon entering the fame with the entry taker, and performing the requifites hy tliis aft required, fhall
obtain a certificate and order of furvey, inlikeraanneras if hehad made«ntry of a claim for, the fame pre-
mifes ; and the officer fliall refund to the other party all the money which he has received from him ex-
cept the fees to himfelf for the fervices aftually performed ; , and in all cafes where the jury fhall find a
fpecial verdift, the county court fliall decide thereon according to the right of the cafe, and fhall order
fuch determination to be delivered to the party, who may thereupon proceed as in cafe of a general ver-
Proviso. difti Pravidedy That where it fhall be made appear to the county court that the jury were partial or not
all good and lawful men as required by the conflitution or have been influenced by any unfair praftices of
the party for whom they (hall find, the faid court fhall order a new trial, and the proceeding Jhall be as
before direfted.
Persons mafc- VII. And in order to prevent difputes and delay<^ to perfons in obtaining titles to the lands before men-
dfimVtrgfve '*><"?ed, Ms it further emaedby the authority aforefaid. That where a claim fhall be made to any lands for
bond to prose- which a prior claim has been duly entered before fuch fubfequent claim fhall be received, the party makin?
cute them. the fame fhall enter into bond with the entry taker, with fufiicient fecurity, payable to the adverfe party
in the fum of fifty pounds, that he will profecute the faid claim with efFeft ; and if he fhall fail therein
he fhall pay all cofls and damages which fhall accrue* which cofts fhall not exceed the fees in cafes of
■''Jv"tr^^ view- in caufes refpefting the title or bounds of lands, and the clerb and attornies fees as by law
eftabhfhed m other caufes, but may be diminifhed by the courts^ refpeftivcly, as they fhall judge right
Proviso. VIII. Provided, That nothing in this aft contained fhall extend to n fFeft the right, title or inierefl, which
any citizen may have in lands heretofore obtained by patent from the crown of Great-Britain, or any per-
fon claunmg by, fi:om,or^ under the fame, or to bar any right of aftion, entry or pofTeffion, to fuch lands
appertaining ; but all fuch rights, titles, interefls, , rights of aftioa, entry and poflelfion, fhall be and re-
main as if this aft had never been made. . / i- ^
talnedTs'bV . ^"^^ ^"'^/^ ^ further enaSled by the authority aforesaid. That every right, title, claim„intereft, or property,
thb aa dkea. by any perfon or perfons fet up or pretended to any.of the before mentioned lands wliich fhall not be ob*
™lLTr"'- .''^ '^^' aft direfted. or by purchafeorinheritance from fome perfon or perfons becoming
Jeftrift ons tU:lT^^^u^ °' ^}''\ ^"'?' °>'"^'^ '" ^'^^'^^' ^'"^'^^ ^' ^^^fio'^ ^^ the provifions and
reltnttioni thereof, fhall be deenied and are hereby declared utterly void.
X. And be if^/Urihir tnaBed ly the outhoriiy afircsaiif,. Thzt. every county furveyor, upon receiving the 2,1 777. 207
Gopy of the entry and order of furvey for any claim of lands, (hall as foon as may be lay offand furvey the v-.or>«j
fame, ag.re'eable to this aft, and make thereof two fair plats, thefcale whereof Ihall be mentioned on fuch Surveyors how
plats ; arid ftiall fet down in words the beginning, angles, diftances, marks, and water-courfes, and other J° '"d^^^^H d
remarkable places, crofled or touched by or near to the lines of fuch lands, and alfo the quantity of acres ; cribe land*.
and fliall tranfmit the pl'atsto the fccretary's office, together with the warrant or order of furvey, one of ^■^y9 6.
which, with the warrant, fhall be filed by the fecretary, and the other annexed to the grant. And ho
furveys {hall be made without chain-carriers, who (hall aftually meafure the land furveyed, and (hall- be
paid by the party foi whom the furvey (hall be made j and fuch chain-carriers (hall be fworn to meafure
juftly and truly, and to deliver "a true account thereof to the furveyor ; which oath every furveyor is hereby
empowered and required to adminifter ; and every furvey (hall be bounded by natural boundaries, or right
lines, running ealt, we(t," north, and fouth, and fhall be an exaft fquare or oblong, the length not exceed-
ing dauble the breadth, unlefs where fiich lines interfere with lands already granted or furveyed, or unlefs
where the furvey (hall be made on arty navigable water ; in which laft cafe the water (hall form one (ide
of the furvey, and the bi^eadth on fuch water (hall not be more than one fourth part of the diftance back
from the water. Provided -nevsttheless, That nothing herein contained (hall be conflrued to extend to pre- i'roviso,
vent any perfon frOm entering/a claim for any ifland or iflands in navigable waters, the quantity of which
{hall not exceed what is allowed by this aft to be contained in one entry.
XI. And be it ena?ied by the authority -afore/aid. That thie fecretary (hall'make out grants for all furveys Grants to be
returned to his office, which grants (hall be autherJticated by the governor, and counterfigned by the ™*^« •'X ' he Se-
fecretary, and recorded iii his office, ready to be delivered to the patties to whorti the fame (hall be made gistered wjtWn
on the firft day of April and O£lober in every year ; and every perfon obtaining a grant for lands fliaU twelve months,
■w^ithiu tweflve months after fuch grant (hall be perfe£led as aforefaid, caufe the fame to be regiftered in
the regifter's office of the fcourity where the lands fhall lie, otherwife fuch grant (hall be void.
XII. And be itjurtber enabled by the authority ajorefaidy That the feveral entry takers, fiirveyors, regif- Entry-takers,
ters, and the fecretary, (hall be entitled to have and receive the fees hereafter particularly fpecified, and ^""'^''y""' ^*'
no more, ihatittosayi To the entry taker, for all fervices, fikteen (hillings. To the fur>^eyori for mak- fretary's"FeesJ
iiig the furvey, and all other fervices for every three hundred acres or under; thirty (hillings ; and for
every one hundred acres mOte, three (hillings. To the fecretary, for making out the grants, and record-
ing, the fame, five (hillings. To the governor's fecretary, fc-r the grdat feal, three (hillings.
XIII. And be it also enSEled by the authority aforesaidy'Vh.zX.Q\exy entry t2i\iex{hz\\ on Oi before the firff Entry Taker to
day of April and Oftober in every year, pay into the publictreafury all fuch monies- as he (hall receive pay all monies
for entries; and in confideration of the (aid fervice, and the ri(k of fuch monies, and for cari-ying the sur'*''^ d^h"
grants from the fecretary's office to his county, and delivering the fame when called for to the perfons allowance.
to whom they fliall be made (which he is hereby t«c^uifed to do) it (hall and may be lawful for him to re-
tain two per cent;
XIV. And be it alio enacted by the authority aforefaid y That eVery entry taker and furveyor, before en- Entry Takers^
teiing upon the execution of his office, (hall take andfubfcribe in open court the oath prefcribed for the f° »^»''«iie oaths
qualification of officers, and alfo an oath that he will well and inipartially difcharge the feveral duties of *
his refpeftive office ; and (hall enter into bond; with fufficient fecurity, to be approved by the county
court in the funrof two thoufand pounds, to the governor for the time being, and his fuCcelTors, for the
faithful difcharge of his refpenStive duty ; which bond, upon a breach of the condition thereof, fhall be
affigned by the governorto the party or parties injured, who (halhand may maintain an a£llon or a£lions
thereon in his or their own name or names, and (hall not become void upon the firft recovery, or if judg-
ment be for the defendant^ but may be put in fuit from time to time, until the whole penalty (hall be re-
covered', and every entry taker (hall alfo give bond, in the fum of eight thoufand pounds, payable to the
governor for the time being, and lus fucceflbrs, well and truly to pay to the public treafury all fuch. mo- PuWic money
nies as he is orfhall be required by law to pay in virtue of his office ; and in cafe where the entry taker how recovered
ihall fail to pay the monies by him received into the pubHc treafury as required by law, the treafurer ^'*''"" '*'*'"'
(hall cite the delinquent and hii fecurities to the next fiiperior court to be held for the diftridi 'wherein
the county of which he is enri*y taker (hall be fituated^ and fuch court (hall direft an ilTueto be immeai*
ately made up and tried by a jury, and if it ffiall be found that the entry taker has failed to- make payment
as by law required, or (hall fail to appear wi fuch citation, the court (hall give judgment and award exe-
cution againft hi}n and his fecurities, for tlie fum which thsU be found or appear to be du« from himi,
203 2,1777. And upon fuch citation, the treafurer (hall be entitled to demand and receive of fuch entry taker his en-
U^vnJ try book, and every other evidence, by books or papers, which by this law fuch entry taker is dire£ted!
to keep ; and if fuch entry taker (hall, upon fuch demand, negle£k or refufe to deliver fuch books or pa-
pers to be made ufe of in the trial pf fuch citation, fuch refufal Ihall be deemed a prefumption amount-
ing to full proof, and judgment pai^ againft the entry taker for the amount pf the whole fum demanded
by the citation, and execution fhall go accordingly.
Pen.onEitry " XV. And be it alfo enaaed by the authority nfmjdidy That every entry taker and furveyor who fliall ne-
Tak^ •, refus ng gigft or refufe to perform the fevera) duties by this zQ. required, or ihall knowingly fpffer the provifions
i'n^'lmfawful''' ^^^ reftriftions thereof to be eluded or evaded, or {hall aflc, demand, or receive, directly or indirediy,
f"es"" ^^ " any greater fees than are by this aft made lawful, fliall forfeit the fum of five hundred pounds, to be re-
covered by aftion of debt, bill or plaint ; and moreover (hall forfeit all right to ofSce, and fliall be for-
What lands gver difabled from holding the fame, or any other office within this ftate : Provided^ That no perffln
TaV^l^^i^lo ^^^^ take up any lands under this aft in Waftiington county, in any gi eater quantity than fix hundred
county.* '"^^°" and forty acres tor himfslf, and one hundred acre§ for his wife, and one hiundred acres foi' each of his
children, until the legiflature fhall make further provifion relative thereto.
Persons who XVI. And pi ovided clfo, and be it Juriher er.sSed by the authority afoiesaid, That eyery perfon or per-
have preference f^jj,^ and his or tht-ir heirs or affigns, who in the office of the late Earl Granville, or in the late public
tue^of oUen-'^' land office, have heretofore made any entry or entries, or who fince the death of the faid Earl Granville,
rries or occu- hath poffefled and aftually improved any vacant or unappropriated lands for which no juft claim by entry
pancy, in any office fliall have been made, fhall be entitled, in preference to all others, to enter and obtain a
1779, 6. grant or grants for the fame, fo that fuch entry or entries be made on or before the firft day of January,
one thoufand feyen hundred and feventy nine, and fo that no fuch grant fliall contain more than fix hun-
dred and forty acres, fubjeft neverthelefs to the payment of fiye pounds for every hundred acres, and Co
in proportion, which any perfon fhall claim over and above the quantity which by the provifions of tliis
^Q. each perfon is allowed to claim forthe price of fifty fliilHngs for every hundred acres, and fo in pro-
portion ; any thing herein before cofitained to the contrary notwithftanding,
Not fo extend XVIL Provided nevirihelefs, That this aft fhall not extend tp confirm any entry nnade pr grant ob-
to lapsed land;, tained in the late public land office, for lands in the late Lord Granville's diftrift, or to any entry which
hath heretofore kpfed for want of fuing out a patent or grant agreeable to the regulations heretofore ef-^
tabllfliedind in ufe within this territory. Provided al/o. That nothing in this aft contained ffiall be con-
Proviso, firued to prevent or bar any perfons, being fubjefts of this ftate, and claiming property in sny lands
therein by conveyance or grant frotn any nation of Indi^ps, frojn the rj^ht of trial by jury, or a hearir.g
before the general ajirembly of the ftate at a future day.
Entry Takers XVIII. And he it further ena^ed by the author ii'^ aforefai^l. That if any entry taker fliall be defirous
how 10 enter tg make any entry of lands in his own name, fu-h entry fiiill be made in its proper pljce before a juf-
selfe^^""^ '^*^™ ^^^^ of the peace of the county not being a furveyox or afl'iftant, which entry the juftice fhall return
to the couniy court at their next fitting, and the county pourt (hall iHfert fuch entry; and every entry
made by or tor fuch entry taker iq any other manner than is herein directed, fhall be illegal and void,
and any other perfon may enter, furvey, and obtain a grant, for the faniQ land.
What money to XIX. And be it jurthentiBBed by the authority aforefaidy That no entry taker fliall receive, for the ufe
berece.ved. ^^ ^j^j^ ^^^^^ ^^^ ^^^^^ f^^.^ ^f money for the entry of landp thin v'ontinental bills of .credit, or the dol-
lar bills emitted at tlie congreji held ait Hillfboro)igh and I-^iiiifax,
CHAP. 2. An aB far ejiabli/hing courts of law, an4 for rtgiflating f he proceedings therein.
1782, 11,22 31. \"1[THERJEA:S it is ncceJlTary to a due and regu}ar adn^iniftratios of jufuce that courts be eftabliffied
1784., 36, 13 15. W in this ftate :
1786' U^^' ^^' ^^ '^ ena£ledhythe Gener^al Affetnbly of t^ejiutecf Nortk'Llarqlina, i\;id it is hereby enaSiedby the authori-
1787^ 2l' 22. *y of thefamcy That frorn and after the pafilng of this aft this, ftate ftiall be, and it is hereby divided into
17 8* 31. 32. fix feveral diftrifts. That is to fay, the diilrifts of ■Wiln\lngfon, Newbtvn, Edenton, Halifax Hillfljo-
i-°8 \m' ^^^' ^°"S^» ^^^ Sahfbury, in each of which a court fpr jlihe trial cif cau'es, ciwl and criminal, fliall be eftab- j
J* ' A A A ii/bed, by the name of the fuperior court of law in the diftrit^ where the farae fhail beheld ; and the faid 5
intodistricts Courts fliall confift of three judges, being men of abilities, integrity, and learned in the law, who fhall
have cognizance aad legal jut^f^6Uon of all pleas, real, pedpaai, and mixt j and alfo all fuits and d&<
jnands relative to legacies, filial portions, and edr.tes ef inteflates ; all pleis of the ftate, and cr'.aainal ajl^TY. 209 '
matters, of what nature, degree, or denomhiation ioever, whether brought before them by original or niefne u-rrsO j
procefs, or by certiorari, writ of error, appeal from any inferior eouit, or by any other ways or means -^
whatfoever : And they are hereby declared to have full power arid authority to give judgment, and to a-
■wnrd.exacution, and all other neceffary procefs thereupon ; and.fiiall have, ufe, exercife, and enjoy, the
fame powers and authorities, rights, piivilegeF, and preheminences, as were had, ufed, exercifed, and :■
enjoyed, by any fcHTiner judges in this territory, except where it is, or may be otherwife directed by, ^
this, or any other a£l, or where fuch authorities, rights, privileges, or preheminency, or any of them !
may be inconfiflent with, or repugnam to, the form of government and conftitution by law eltabiifhed : . i
and in cafe of the death or abfeuce of any of the faid judges, it ihall and may be lawful for one or more 9"^ J' ^S:^ "^^y ■
of the fame judges, by himfelf or themfelves, to hold any of the faid courts, and to take cognizance, ""'"^ ^ <=^""« ;
and give judgment, and award execution, in the fame manner as all the faid judges might have done, had •;
they been prefent. Provided ahvays, That demurrers,. cafes agreed, fpecial veidids, bills of exception to evi- Exception. i
dence, ard motions in arrtft cf judgment, ftail not fce argued but befo:e two or more of the faid judges. ^
III. And for the benefit of fuitors, and to prevent Irregularities in making up records, £e it enaSied by Appointmentof 1
the authority- aforefaid. That the faid judges fhall appoint clerks of ft;ill and. probity to the feveral and ref- '^'"'■•' \
pe£tive courts hereby ellabliflied, who Ihall each of them give bond, with fufficient fecurity, pavabie to j
.the faid judges, and their fucceffors-in office, in the fum of twothoufand pounds, for the fafe keeping of
the records, and the faithful difcharge of his duty in office ; which faid bond fliall be lodged in the fecre- ^°'^''^' -i.
tary's office, and may be put in fuit on the affignment of the faid judges, or their fuccefiors, by the par- \
ty or parties injured, in his or their own name , and fhall not become void upon the firft recovery, or if
Judgment be given againft the plaintiff, but may from time to time be put in fuit, by adion of debt, until j
the whole penalty fhall be recovered.
IV. And he it ennSfed hy the authority ajorefaid. That the clerks of the^faid courts, when fo appointed, .j..^ c a: ''■
'fhall hold their offices during their good behaviour therein ; but before entering upon the execution there- ' \
of, fhal' before his excellency the governor take the oath for the qualification of public officers, and alfo \
the following oath, to -uitf - , ,
A. B. do fwear, that by myfelf, or any other perfon, I nejther have given, nor will give, to any perfon O^'^- ^
"or perfons whatfoever, any gratuity, gift, fee, or reward, in confideration of my appointment to ''
, « the office of clerk of the nor have I fold, or offered to fell, nor will I fell, ',
« or offer to fell, my jntereft in the faid office. I alfo folemnly fwear, that I do not, diredly or in- ■
-«' diredlly, hold any other lucrative office in this ftate. And I do further fwear, that I will execute the \
-« office of clerk of the for the without prejudice, favour, affeclioni or par- ';
« tiality, to the be'l of my fkill and ability, SO HELP ME GOD." i
'And the governor is hereby required to iffue his proclamation to every county of this flate, notifying to the Govemorto is- ]
good people thereof the names of thofe perfons who have qualified as clerks of the courts of the refpective ^^^ » proclama-
diftritfts, agreeable to this law, and requiring all perfons to pay obedience to all precepts iffued by them by '""' .
virtue thereof: and if it (hall be difcovered that any of the faid clerks, after his appointment, fliall have 1
violated his fiid oath, or witcingly, willingly, and corruptly, have done any thing contrary to the true in- Penult) for mis* ;
tent and meaning of the faid oath, fuch clerk (hall be. deemed upon conviftion guilty of mifbehaviour in ' * '' •
office, and ffiall forever afterwards be incapabie of holding .any office, civil or military, within this ftate, ^»
V. And be it further enacied by the authority aforefaid. That the faid judges, before they a£t as fuch, fliall Judge's oath; \
in open court, or before the governor for the time being, take the oath appointed for the qualification of \
public officers, and alfo the following oath, to tvit, 1
*[ I" A. B. do folemnly fwear, that I will well and truly ferve the ftate of North-Carolina, in the office [
J^ *'6f of the fuperior courts of law of the faid ftate. I will do equal law and right to all ■
*' petfons, rich and poor, without having regard to any perfon. I will not wittingly or willingly take by . .^
" myfelf, or by any other perfon, any fee, gift, gratuity, or reward whatfoever, for any matter or thing by ]
*' me to be done-by virtue of my office, except the fees ajid falary by law appointed. I will not maintain by
« myfelf, or by any other, privately or openly, any plea or quarrel depending in any of the faid courts. I '
** will not delay any perfon of common right, byreafon of any letter or command from any perfon or per-
" fons in authority to me dire£led, or for any other caufe whatfoever ; and in cafe any letters or or-
** ders come to me contrary to' law, I will proceed to enforce the law, fuchletters or orders notwithftand-
voL. I, ' - ^ zn . I
•i
F n. for afl'ng
before qualify-
ing.
^Attornies.
kuw admiued.
Oath.
Aflicnsin
whatdistrifls
brought.
210 2,1777. " Ing, I will not give my voice for the appointment of any perfon to be clerk of any of the faid courts,
« but fuchof the candidates as appear to me fufficiently qualified for that office ; and in all fuch appoint-
" ments I will nominate without reward, the hope of reward, prejudice, favour, oi" partiality, or any o-
« ther finifter motive whatfoever. And finally, in all things belonging to my office, during my continu-
<» ance therein, I will faithfully, truly, and juftly, according to the beft of my fkill and judgment, do e-
" qual and impartial juftice to the public and to individuals. SO HELP ME GOD."
And if any of the faid judges fliall preTume to a£l in his office before he Ihall have taken the oafhs hereby"^
dire£ted, he fhall forfeit and pay one thoufand pounds, to be recovered by aftion of debt in any of the fu
perior courts ; one half to the ufe of the ftate, towards defraying the charges of governm.ent, and the o--
ther half to the perfon or perfons who fliall fue for the fame.
VI. iProvidedfor by aB, April 1778, Ch. 4?, and OSi. 1784, Ch. 7, Sea. 11.]
VII. And be it further enaBed by the authority aforefaid^ That all perfons who have heretofore obtained'
licences to praftife as attornies in the courts "under the late government, and have been admitted as fuch,
{hall hereafter be permitted to praftife in fuch courts in which they were heretofore admitted to praclife,
without any further examination ; and every perfon who (hall hereafter apply for admiffion to pradlife as
an attorney, Ihall undergo an examination before two or more judges of the fuperior courts of this ftate,
and if fuch perfon fhall be found to poiTefs a competent (hare of law knowledge, and be a perfon of up-
right chara<9:er, fuch iudges fhall give him a certificate, under their hands and feals, to praclife in any
court of this ftate for which they may judge him qualified. .
Persons coming VIII. And be it further enaBed by the authority ajorejaidy That no perfon coming into this ftate from any
into this state other ftate, or from any foreign country, with an intention to praftife the law, fhall by the faid judgesbe*
admitted to pradtife as an attorney, unlefs he fhall have previoufly refided one year in this ftate, or unlefs
fuch perfon ftiall produce to the faiid judges a teftimonial from the chief magiftrate of fuch ftate or country,,
or from fome other competent authority, that he is of an unexceptionable moral character ; and all fuch
attornies, before they fliall be admitted to praftice in any court, ftiall in open court, before the judges'
thereof, take the following oath, viz.
« T A. B, do fwear, that I- will truly and honeftly demean myfelf in the praftife of an attorney, accord-
J. «< mg to the beft of my knowledge and ability. SO HELP ME GOD."
And upon fuch qualification had, and oath taken, fuch attornies, as well as thofe who have heretofore
obtained licences, may aft as attornies during their good behaviour.
IX. And be it further enaBed by the authority aforefaidy That all real adlions, adions of ejeftment, trefpafs-
^are Claufum Fregit, fuits on penal ftatutes,^ and pleas of the ftate, ftiall be commenced in the court of
the diftrift wherein the caufe of action fliall arife, or the offence be committed, and not in any other dif-;
tridl ; and all aftions of debt, other than on penal ftatutes, all aftions of detinue and replevin, a£lions oi
account render, affault and battery, and for the unlawful taking of goods, all aftions upon the cafe, and'
fuits for legacies, and for diftributive fliares of inteftates eftates, fliall be brought to the court of thi
diftrift where both parties refide ; and where the parties live in different diftrifts, fliall be brought to the
court of either diftridl, at the option of the plaintiff; and where the plaintiff fliall refide beyond feas, or
in a different ftate or government, fliall be brought to the court of the diftrift where the defendant re
fides ; and where any aftion or fuit fliall be brought otherwife than is herein diredied, fuch aftion or fuit
may be abated, on the plea of the defendant.
X. R epea led and other pto'oision made. Vol. 2. 46.
XI. And he it further enaBed by the authority aforesaid. That if any plaintiff, or other perfon, fliall here
after fwear falfely, in order to obtain a recovery in any of the faid courts, he fliall, upon conviftioa
therof, be adjudged guilty of perjury, and fuffer as in. cafes of wilful and corrupt perjury.
Courts kept up, ^^^' A id be it enaBed by the authority aforesaid. That none of the faid courts, nor any of the proceed-
notwithstand- ings therein depending, fliall be difcontinued by reafon of the death of any of the faid judges, or by
ing non-attend- their not attending at any terni ; but in fuch cafes all pleas, caufes, matters and things, therein depend-
*""' ' ing, ftiall ftand continued and remain in the fame condition in which they ftiall then be, to the next fuC".
ceeding term.
Till the 1st XIII. And be it enaBed by the authority aforesaid. That until the commencement of the firft term of
term, writsmay each of the faid courts, original procefs may bear teft at the time of iffuing the fame, and fuch writs and
bear test imjne- procefs fo tefted before fuch term, ftiall be valid in law, any ufage or praflice of courts to the contrary
'**■' ^' notwithilanding ; And after the fuit term of e»ch court, the clerk or attorney iffuing procefs, fliaU^
Pen. on plain'
tiff for false
swearing.
hiark thereon the day on which the fame (hall be iffued, and the fneriff or other officer receiving the 2,1777,211
fame, in order to • xecutc, (hall in like manner mark on each procefs the day on which he fhall have re- u<»-r**J
ceived it ; and every clerk, attorney, (heriff, or other officer, negleding fo to do, flull forfeit and pay Daj ofissuing
the furn of fifty pounds; to be recovered by adion of debt, in any court of record having cognizance n^aj^ed^^" ^
thereof, by anv perfon who fhall fue for the fnme, with cofts.
XIV. And be it further enaBed by the auihcrity afcrefaidt IhzX 2\\ writs and, other procefs (except sub- ^''°"^=, j^*"*"
pcenas for witnefles returnable immediately) (hall be returned the firft day of the term to which the fame
(hall be returnable, and (hall be executed at leaft ten days before the beginning of fuch term ; and if
any original ormefne procefs fhall be taken out within ten days before the beginning of any term,'liich
procefs lliall be made returhal^i? to the term next fucceeding that which fiiall commence within ten days
after taking out fuch procefs, aiid not otherwife ; and all procefs made returnable at any Other term, or
executed at any other time, or in any other manner, than by this a£l is diredled, fhall be adjudged void
upon the plea of the defendant.
XV. Provided ndverthelefs, That nothing herein contained fhall be conftrued to invalidate or vacate Proviso:
any procefs, warrant or precept, to be ifFucd by any of the judges of the faid courts, or any juftice of
the peace, or clerk of any court, on any criminal profecution on behalf of the ftate, but that the fame
may be iflued at any time,' and made returnable to any day of the term •, and the proceedings on cri-
minal fuits and profecutions fhall be agreeableto the praftice heretofore in ufe in this territory, except
where the fame is or may be otherwife dire£ted, any thing herein contained to the contrary notwith-
flanding.
XVT. And is it ena&ed hy the authority afore/aidy That when arty writ fhall iflne from any of the faid Sheriff's duty
courts, whereby any fheriff, or other officer, fhall be commanded to take the body of any perfon or per- i^^uTs w°htra.
fons, to anfwerto any a£lion in any of the faid courts, fuch fherifF fhall take bond, with two fufficient
fecurities, in double the fum for which fuch perfon or perfons fhall be held in arrefl (executors, admi- Patfy repealed
niftrators, and perfons fued on fuch penal ftatutes asdo riot exprefsly require bail, excepted) and fhall re- ^"^f 2. 124.
turn fuch bond with the writ ; and in cafe the fheriff (hall fail or negleft to take fuch bail, or the bait
returned be held infufficient, on exception taken and entered the fame term to which fuch procefs fhall
be returnable, the fheriff having due notice thereof, he fhall be deemed and ftand as fpecial bail, and
the plaintiff may proceed to judgment, according to the rules herein after prefcribed.
XVII. And be it enaSed by the authority afo^ ffaidy That all bail bonds returned to any of the faid courts Indorsement of
Ihall be affigned by the fheriff returning the fame, by indorfement thereon, in the following form, to '*^'' '*°"'^*'
■wit, "I A. B. fheriff of county, do hereby affign the within obligation and condition to
C. D. the plaintiff therein named, his executors and adminiftrators to be fued for according to the fta-
tute in fuch cafe made and provided. In witnefs whereof, I have hereunto fet my hand and feal, the
day of in the year of our lord one thoufand feven himdred and ."
And every fheriff failing to make fuch affignment, fhall be deemed, held, and taken as fpecial bail, in
the fame manner as if no bail bond had been returned.
XVIII. And be it enaSed by the authority afore/aid j T^af when any fheriff fhall feturn that he hath ta- Proceedings
kea the body of any defendant, and committed him to the ptifbn of his county (which is here:y declar- i^/Jstody
ed to be the proper prifon for fuch commitment) the plaintiff may enter the defendant's appearance, and
he fhall be at liberty to plead as if fuch appearance had been entered by himfelf, and the plaintiff may
proceed to judgment as in ether cafes in this aft dire£led ; ne^erthelefs the defendant fhall not be difchar*
ged out of cuftody, but by putting in bail, or rule of court. -
XIX. And be it enaBed by the authority pjorefaid^ That all bail taken accoiJding to the direflions of this All bail taken
aft, Ihall be deemed, held, and taken to be fpecial bail, and as fuch liable to the recovery of the plain- special, and
4pS\ but the plaintiff, after final judgment, fhall not take out execution againft fuch bail, until an execu- ^govery ^ '**
Mi?n be firft returned that the defendant is not to be found in his proper coanty, and until a fcire facias
hath been made known to the bail, which fcire facias fhall not iffUe till fuch execution fhall have been fo
-jeturned ; and after return of fuch execution againft the principal, and fcire facias agabft the bail, exe-
cution may iffue againft the principal and fecurities, or any of them, or any of their eftates tinlefs the
bail {hall furrender the principal before the return of the firft fcire facias, or fhall appear and plead upon ^
the return thereof j any law, eiiftom, or pf aftice, to the contrary thereof, in any wife, notwithftand-
ing.
2122,1777. XX. Jt2:J it is berghy ena^ed by the authority afore/aid, That tKe bnil (hall have liberty, befova filial iudg-
{.^/"^r-^ meat obtained aguirnl him, to furrender to the court from which the procefs iiTued, or to the fheriff re-
Bail muysur- turning fuch ptocefs during the fitting"^ of fuch court, or to the iheriff in the recefs of fuch court, the
tender prino principal in difcharge of himfelf j and fuch bailfhall, at any time before fuch judgment had, have full
^'^ ' power and authority to arreft the body of his principal, arid fecure him until he ihail have an opportu-
nity to furrender him to the flierifl who made the arreft, or to the court to which the procefs was return-
able : and fuch (heriffis hereby required to receive fuch furreiider, arid hold the body of the defendant
in cuftody, as if bail had never been given..
Sere farias XXI. And be it enaSled by the authority aforejaid. That when any fcire facias fhall by the proper officer
made known, ^^ returned to have been made known to the bail, and they in confequence thereof (hall appear, they
atid'be tHed the ftiall be obliged to plead, and the iflue Ihail be tried the fame term to which the procefs (hall be return-
ist term. ed, uulefs fufHcient caufe be (hewn to the court to the contrary ; but the bail fhall not be admitted to
plead non eft ta£lum, unlefs they firft file an affidavit of the truth of their plea.
Proviso where XXII. Provided neverthlefs^ That if any ftieriff fhall return on a fcire facias to him direfted, that the
the pr.ncipal is principal is imprifoned by virtue of any procefs civil or criminal, the court to which fuch fcire facias is
returnable Ihall, on motion of the plaintift'orbail, order and diredl that fuch principal be retained where
he or flie (hall be a prifoner, until the plaintifl's judgment and coft ftiall be paid, or he or {he otherwife
difcharged by due courfe of law ; a copy of which order being ferved on the keeper of fuch prifon before
fuch prifoner's releafement, ftiall be a fufficient authority for him to retain fuch prifoner until fuch.
order be complied with, and fhall be deemed a furrender of the principal, and a difcharge Qf the bail.
Where the she- XXHI. And for the better afcertaining what procefs fhall ifTue when the fheriff fhall return that the
at ''^'"'^''^ '""' defendant is not to be found within his county. Be it enacted by the authority aforefaid^ That when the flie»
rifFftiall make fuch return in any civil aftioii, the plaintiff may at his eleftion fue out an attachment againfl
the eftate of fuch defendant, or an Alias oxPlitries Capias, until he be arrefted, returnable in the fame mar.«
ncr as original procefs ; and if the fheriff Ihall return any goods by him attached, and the defendant fhall
fail to appear and plead within the time herein direfted, the plaintiff fhall be entitled, if in an aftioa of
debt, to final judgment, and if in an action on the cafe, to an interlocutory judgment, and in confequence
thereof may execute a writ of enquiry the next fucceeding term ; and the goods fo attached, if not reple-
vied or fold, according to the rules herein after prelcribed for goods taken on original attachments, fliall
remain in the cuftody of the fheriff until final judgment and then be difpofedof in the fame manner as
goods taken in execution on a writ of peri facias -, and if the judgment fhall not be fatisfied by the, goods i
attached, the plaintiff may have execution for the refidue.
JudgTtie-^t final ■ XXIV. And be it jurther enaSied by the authoi ity aforefaidy That in cafe any plaintiff fhall obtain judgment
the firft court, ^^^A at the firft term to which the procefs fliall be returnable on an a£lion of debt, it ihall be lawful for
cu^ed'L tTthe J"'" ^° execute his enquiry as to the value of any foreign currency or money for which the fuit may bQ
valueofthecu . broUght, at the fame term in which fuch judgment fiiall be entered or obtained,
rsncy, £4c. XXV. And be it tnaSied by the authority afore/aid. That upon any complaint being made, on oath,
Wh're attach, jq jjny of the judg?s of the faid courts,- or to any judge of any of the county courts, by any perfon or perfons,
rnemmaybeis- j^.^^ j^^^^ ^^ ^^^.^^ attorney, agent or fadlor, th-at any perfon hath removed, or is/emo\'iiig him or herfel'f
out of the county privately, or fo abfconds or conceals him or herfelf that the ordinary procefs of law can-
not be ferved on fuch debtor, and if fuch plaintiff, his, her, or their attorney, agent, or faftor further fweara
to the amount of his, her, or their debt or demand, to the belt of his, her, or their knowledge and belief,
it fliall be lawful for fuch juftice, and he is hereby empowered and required to grant an attachment, a-
gainft the eftate of fuch debtor, wherever the fame may be found, or in the hands of any perfon or per-
fons indebted to, or having any of the effedts of the defendant, or fo much thereof as fhall be of valut?
fufficient to fatisfy the debt or demand, and cofts of fuch complaint ; which attachment fhall be retun;^ d
to the court where the fuit is cognizable, and fhall be deemed the leading procefs in fuch aftion, and the
fame proceedings fliall be had thereon as on judicial attachments.
Bond. XXVI. Provided always, That every fuch juftice, before granting fuch attachment, fliall take bond and
fecurity of the party for whom the fame ihall be iiliied, his, her, or their attornay, agent or fadlor, payable
to the defendant in double the fum for which the complaint fhall be made, conditioned for fatisfying all
cofts which ffiall be awarded to fuch defendant in cafe the plaintiff fliall be caft in the fuit, and alfo all
damages which ftuU be recovered againft the pl^intiif in any fuit or fuits which may be brought againfl
him, for wrongfully fuing out fuch attachment \ which bond, together with the affidavit of the party com-
pUlmns, fubfcribed with hb proper name, (hall hi returned by the jufttoe t?.kirtg the fime to the court to 2,i777. 213
which tha stt.ichment is returnable ; and every attachment .isrued witlwut band and affidavit taken, and u^'v^sJ
returned as aforefild, fliall be abated on the plea of the defendant,
XXVII. And for the eafe and convenience of creditors and others who may be injured as aforefaid, and Justices may «•
to remove doubts with refpeft to the authority of the j'uftices of the county courts in iffuing attachments ; ^jnu^
£e it enabled by the author ty afirefaid/rh-xtit 'fti^^U and may be lawlul for any juftice of the county courts,
up">ii complaint made to him by any pcrfon or perfons as aforefaid, t6 illiie attachmsiits under the rules
•and regulations before meijitioned, and make the fame returnable to any of thefaid courts where the fame
is cognizable ; any law^ ufage, or cuftom to the contrary notwithftanding.
XX VII fa). And be it further enaBfd hy the authority aforefaid That when any perfon who fhaU be an in- ^n what case»|
habitant of any other government, fo that he cannot perfonally be ferved with procefs, fliall be indebted to f'nolhtr Govern'
any perfon a refident of this ftate, and hath any eftat& within the fame, any of the faid juftices may grant ments.
an attachment againft tlie eftate of fuch foreign perfon, under the rales, reftritStions, and regulations, be-
fore mentioned, and the fame proceedings may be had thereon.
XXVIII. ^nd he it enaBedh) the authority apesaidi That when any goods, or other eftate, fhall be P^foceedings.
attached by i'irtue of any attachnaent, whether judicial or original, it fliasU and may be lawful for the de-
fendant or defendants, big. her, or their attorneys agent or factor, to replevy, the fame, by giving bond,
with fufficisnt fecurity, to the IherilT", or other officer ferving'fuch attadiment ; which faid bond the fhe-
riif, or other officer, is hereby empowered and required to take, to appear at the court to which fuch at-
tachment is returnable, and to abide by, perform and fatisfy, the order and judgment of fuch court ; and
when the eftate attached (hall by three jullices or the county court, to be fummoned by the fherifffor that
purpofe, be certified on. oath to be perilhable, and the perfon or perfons to whom it belongs, 'his, her, or
their attorney, agent or fa£l:or, fhajll not witJiin fixty days after the ferving of fuch attachment replevy the
fame, then fuch «ftate fhall befold at public vendue by the fheriiT, or other ofRcer, he having firft ad.-
▼ertifed fuch fale at the court houfe, and Qther public places in "his county, at leaft ten days before the fale ;
and.the moneyarifing by fuch fale fliall be liable to the judgn;ien't obtained cpon'fuch attachment, and der -
pofited in the hands of the clerk of the court to which the procefs ftiall be returnstble, there to w it the
event of fuch judgment ; and where the fheriff, or other officer, fhall ferve an attachmjent in the hands
of 'any perfon or ipeifons fuppcfed to be indebted to, or fuppofe'd to have any of the efFefts of the party
abfcbnding or refiding out of this ftate, he {hallat'the.fame time fumraon fuch perfon or perfons as a gar-
nifliee or garnilhees, in writing, to appear '^t the court to which the attachment fliall be returnable, within
the firft four days of the firft term thereof, there to anfwer upon oath v^hat he or 'ftie is indebted to the
defendant, and ^yh^t, efFe£ts of tjie defendant he or fhe hath in his or her hands, and had at the time of
ferving fuch attachment, and what effe<Sls (m: debts of the defendant there are in the hands of any other, and
what perfon, toihis or her knowledge and belief ; and where any attachment fliallbe ferved in the hands
©f any garoiftiee in manner aforefaid, it fliall be lawful, upon his or her appearance and examination, to
«ntpr up judgment, and award execution againft any fuch garniftiee, for all fums of money due to the de-
fendant frOm him or her, and for all effeGs and eftate of any kind belonging to the defendant in his or her
pOffeflion orcuftody, for. theufe of the plaintiff. Or fo ;much thereof as (Kail be fufficlent to fatisfy jthe debt
»}3d.cofts, anid ajl charges incident on levying the fame ; and all goods and effefls whatfoever in the hands
of any garnifliee orgarniftiees belonging to any defendant, fhall be liable to fatisfy the plaintiff's judg-
pne^it, and fliall be delivered to the flieriff, or other officer ferving the attachment : and where anygar-
HJifljee fliair be returned by the flieriff, or other officer, fummpned in manner aforefaid, and fliall fail to
appear-an^l dilcover, onoatb, as by this aft is dire£\ed, it fliall be lawful for the court, after folemnly
ca'glng the garhifliee, and fuch court is hereby authorifed and required, to enter a conditional judgment
agftuiftrfuch garnifhee, and upon fuch judgment fo entered, a fcire facias fliall ilTue againft fuch gar- -
nifliee, returnable the next terra, to ftiew caufe, if any he hath, why final judgment ftiould rot be en-
tered againft him ; and upon fuch fcire facias being duly executed and returned, if fuch garnifliee fliall
Ml ^o appear at the next term, and difcover, on oath, in manner aforefaid, the court fliall confirm fuch
judgment, and award execution for the plaintiff's whole judgment and cofts; and if upon the examina-
«bnof any garnifliee,. it ftiall-appear to the court that there is any of the defendant's eftate in the hands
(a) The repetition of this number is a mistake in the firsr publication, but as this afl has been referred to by the number ef its
.ea?rns; I thought irfesttoYepuWish'iMmhe^ame'HMmftfclr.
Vol. J. 3 I
214 2,1777. of any perfon, or perfcn! who have not been fummoned, fuch court (half, upon motion of. the plaintiff,
u-'v^.J grant a judicial attachment, to be levied in the hands of fuch perfon or perfons havi.ii; any of the eftate
of the defendant in his, her or their cuftody or pofleiFionj who ihail apptar and anfwer, and be liable
as other garnifhees-
y?ttachni'erit XXIX. And whereas divers perfons refiding in Other flates or govern incuts, poflfeiled of lands, tene-
^h^T^V^ '°^ ments, and hereditaments, in this ftate, may have contrafled, or may contraift debts with the inhabi-
1 ersons out '<i t^nts of this ftate, without having perfonal eftate in the fame to fatisfy fuch debts and djunages : and
the s:ate, whereas by the policy and genius of our prefent conTlrtutiorj, lands and tenements ought to be madefub-
je£t; to the payment of juft debts, when the debtor hath not within the Jimirsof this ftate goods and chat-
tels fufficient to fatisfy the fame ; Be ii therefore enaSitd by the authority afo: efaidy That all procefs which
heretofore iffued againft goods, chattels, lands and tenements, (hall for the future ifTire in- the fam?
manner, and fuch as iflued only againft goods and chattels, (hall hereafter ifloe againft lands and tene-
ments, as well as goods and chattels, and the Iherirf", upon fuch attachment, execution, or other procefs,
{hall proce?d to levy the lame upon the goods and chattels of the d^efendant, in the firft: inftanc^, if
any there be i but if to the beft of his knowledge there be nafuch. goods and chattels, or notfuffitient
to anfwer the plaintiiFs demand, he fhall ex^ute the fame upon the land? and tenenxsnts to the amount
of the whole debt, or of fo much as may remain more than the value of the goods and chattels fo found ;
and fuch lands and tenements fhall be liable, under tlie reftri£tion aforefaid, to- be fold to fatisfy- the
judgment of the plaintifFj and where any fherifFfh^ll have levied procefs upon lands anid tenements, in
manner aforefaid, and judgment fliall have been thereupon had, he fhalt not proceed to felF the (ame
until in the moft public place in his bailiwick he fhall, forty day$ at leaft. before rfie day of fale, have
advertifed the fame. ' .
Estates neplevi- XX K. Provided always, That It fhall' be lawful for any perfon, againft whofe effate- any attachment
*''^- hath iiTufid as aforefaid, his or her attorney, agent offaftor, at aily tfene before final judgment entered
or writ of enquiry executed, upon giving fpeci-al bail, to replevy the eftate fo attached, and plead to- iiTue,,
Tudicia,! r ^° '^^* the plaintiff is not thereby delayed of his trial. And provided alfo, that no judicial procefs fhall;
again^pcKonl be iflued againft the eftate of any perfon refiding without the limits of this ftate, unlefs fuch procefs is
cut of me Slate, grounded on an original attachment, or unlefs the leading procefs m the fuil ha&been executed on the
perfon. of the defendant when within the ftate.
XXXI. And to prevent errors in ifluing attachments, and taking Bond* thereupon, Beit enaSitd hy the
authority aforefaid. That the attachment fhall be in the following formj; that is to sayy
The State of North-CaraHna,
To. the sheriff of Count-j, Greeting :
Fomu \X THERE AS A. B. (or A. B. attorney, agent or faftor, as the cafe may be, of C. D.) hath com-
YV plained, on oath, to Efquire, Juftice of the fuperior courts of law, or of the coun-
ty court of thatE. F. i& juftly indebted to him ^or to the faid A, B.) to- the
amount of and oath having been alfo made that the' faid E. F. hath removed-, or is about
to remove himfelf out of your county, or fo abfconds or conceals himfelf that the ordinary procefs of law
cannot be ferved on him, (or is aa inhabitant of another government^ if the cafe is fo) and the faid
having given, bond and fecurity, according to the direftions of the ad of the General Affembly in
fuch cafe made and provided : We therefore command you that you attach the eftate of the faid E. F. if
to be found in your county, or fo much thereof, repleviable on fecurity, as ftiall be of valiie fufficient to
fatisfy the faid debt andcofts, according to the complaint-, and fuch eftate fo' attached, in your hands
to fecure, or fo to provide that the fam2 ra.^y be liable to further proce'Mings thereupon, to be had at
the court to be held for of at on the day of
next, fo as to compel the faid E. F, to appear andanfwar t^e abtfve complaint of the laid
when and where you fliall make known to the faid court how you ftiall have executed this writ.
Witnefs Efquire, juftice of the faid court, at the
day of in the year of American independence.
Which attachment fhall be figned and fealed by the juftice grantijng the fame^ And the bond to be
given on obtaining fueh attachment ftiall be in. the following form, to wit,
JBoBd " 17' NOW all men, by thefe prefents, that we all of the county of are
j\^ " held and firmly bound unto In the fum of to be paid to the faid
<« his certain attorney, executors, adminiftrators, or afligns, For wiu«h pajnnent weU
P and trnly to be ma^ie, we bind ourfelves, and each of us, our and each of our heirs, executors and 2,1777. 215
«« adminiftrators, jointly and feveraily, firmly by thcfe prefents. Sealed with our feals, and date^ the u^S-^O
day of in the year of our lord one thoufand feven hundred anl "
THE condition of the above obligation is fuch, that whereas the above bounden hath
the day of the date hereof prayed an attaehment, at the fuit of againd the eftate of
the above named for the fum of and hath obtained the fame, returnable to
the court, to be held at on the day of next : now if
the faid ftiall profecute his faid fuit with effeft, or in cafe he fail therein, fhall well and
ti"uiy pay and fatisfy to the faid all fuch colls and damages as (hall be awarded and recover*
ed againft the faid his heir;, executors, pr adminiftrators, in any fuit or fuits which may
be herea' ter brought for wrongfully fuing out the faid attachment ; then the above obligation to be void,
otherwife to remain in full force and efFe£t.
' XXXII. Provided nevertheU/s, That no attachment fhall be abated fdt want of form, if the eflential No attachment
matters expreflcd in the foregoing precedent be fet forth in fuch attachment. , a&atedfcrwant
XXXIII. And be h enaSiedky the authority ajorefaidy That in all fuits commenced or profecutcd by attach- Attachments of
ment againft the eftate of perfons refiding out of the government, the court to which the fame ihall be estates of per-
brought ihall (tay all proceedings in fuch fuits for fo long time as they may think neceflary, not exceed- ^°^^ °'»^ °^ "**
ingone year from the time of the return of fuch procefs, and where it can be conveniently done, notice *'^'*'
Thall riTae from the court to the defendant j and if the defendant appear, put in bail, and plead within
the time limited for his appearance, in fuch cafe his eftate Ihall be liberated, and the garniihee difcharged ;
and it (hall be lawful for the jury to give in damages legal intereft upon the plaintiiFs recovery, during
the time of fuch extraordinary continuances, even in cafes where intereft is not ufually allowed in tlie
courts. V
XXXIV. And he it ennSied hy th$ authority afere/aid. That the fpllowing rules and methods fhall be R„ies of court.
5 -observed in the laid courts, to wit.
The plaintiff Ihall file his declaration in the clerk's office en or before the fecond day of the term to
j iWlikh his fuit (hall be brought, and ferve the defendant with a copy at leaft five days befoi« the com-
! 'ftrtncement of fuch term, otherwife the a£l:ion may be abated on the plea of the defendant.
] The defendant (hall appear and plead, or demur, within the firft three days of the term to which the
j .writ (hall be returnable, otherwife the plaintiff may have judgment by default, which in a£tions of debt
I fhall be final, unlefs^where damages are (uggefted on the roll } and in that cafe, and in all others not here-
in fpecially provided for, where the recovery Ihall be in damages, a writ of enquiry (hall be executed at
the next fucceeding term. Provided^ That where the nature of the action requires fpecial pleadmg, the
time for pleading may be enlarged.
Where the defendant pleads fpecially, the plaintiff (hall reply or demur within three days, or a nonprot
may be entered by the defendant ; and if the plaintiff replies, and in his replication tenders an iffue, the
defendant (hall join iffue, or demur in three days, otherwife the plaintiff may have judgment ; and where
the defendant rejoins to the plaintiff's replication, he (hall file his rejoinder within three days, or judg-
ment (liall go againft him, unlefs the time for pleading (hall be enlarged as aforefaid ; and the fame time
ihall be given, and rules obferved through the whole courle of the pleadings.
Where a fpecial verdi£l (hall be found, a cafe agreed, a demurrer filed, or a bill of exceptions to the
evidence tendered, time Ihall be allowed, upon motion of either party, to the next term to argue the
iame.
For the better prefervation of tha»records of the courts when any caufe is finally determined, the clerk
of each court (hall enter all the proceedings therein in a book well bound, and an entire and perfe^ record
make thereof.
All jury caufes (hall be firft tried.
All motions in arreft of judgment (hall be argued within the three laft days of the term in which the if-
fue (hall be tried, the defendant's attorney firft ferving the plaintiff's attorney with a copy of tlxe reafons
in arreft of judgment the day immediately following that on which fuch motion (hall be made.
;' Arguments on writs of error, fpecial verdifts, cafes agreed, demurrers, petitions for legacies, and dif-
tributions of inteftates eftates, (hall be heard upon the four laft days of the term.
No plea in abatement (hall be received in any of the faid courts, unlefsthe party offering the fame (hall
by affidavit, or otherwife, prove the truth of fuch plea.
fails.
Rules for wit-
nesses^
Vei. 2. 138.
216 2,1777. "Where a plea in abatement fhall be pleaded, and upon argument th« fame (hall be adjudged Inruffici
f eat, the plaintiff fhall recover againft the defendant full calls to. the time of overruling fuch plea, incla*
ding the cpfts of court ; and the plaintiff'in replevin, or defendant in any other attion, may plead as
many feveral matters as may be neceffary for his defence, fa that he be -not admitted to plead and, demur
to the whole. . _ ••- • > i . .... ^... .
Statutes of Jeof. XXXV. jiffid be it enaBed by the authority aforefaidy T^iatsn the ftatutes of Eriglan^ agji^ Great-Britain
for the amendment of the law, commonly called ftatutes oTjeofFalls, and which were heretofore enforced
in this territory by any ad or a<S:s of the general aflembly under the late government, "ar-e hereby declared
to have continued, and to be now in full force-in this ftate, and ft-all be duly obferved by ail judges and
juflices of the feveral courts of record within the fame, according to the true intent ind raeaning of the
faid ftatutes, unlefs where the fame are or may be altered by .this or any other ad. .
XXXVI. And be it enaBed by the authority ajorefaid, That for taking the teftimony of witn^fles in »ll.caufes
which may be depending in the fuperior and county courtsi the foUtwing rules fl\ail,be obfefved ,and put
inpradice, to wit, • -. • '. '
In all fuits where witnefles are to appear at any of the faid courts> the clerk, at the requefl: of the par-
ty, fhall iffue a fubpoena, direfted to the fherifF, or other officer of the counry where fuch wimefs or wit-i
'neflesare faid to refide, mentioning the tim^ and place for Tiis, her or their appearance, the names of the
parties to the fuit wherein the teflimony is to t)e^ven, and tlie party at M^hoie inftance fuch witnefs or
witneflefe is Or are fummoned.
Every fubpcena made returnable immediately fhall be iflued only in term time, and fbdll be perfonally
ferVed on the witnefs or witnefles therein named. .
A copy of every fubpocna iflued by the clerks in the vacation, in cafe the witnefs or witnefles therein]
named is or are not to be found, may be left at their \ifual jjlaces of irefidence ■; and fuch copy, Certified^
by the fheriff or other cflicer, left as aforefaid, fliall be deem.ed a legal fummons, and the perfon or per*
foris therein named fhall be bound to appear in the fame manner as if perfonally fUmmoned. j
XXXVil. And be it enaBed by the authority aforefaid. That every witnefs being fummoned to rippeai" in
any of the faid cotirts, in mariner as herein before direded, fhall appear accordingly, and continue to ac.»
tend from term to term, until difcharged by the court, or the party at whofe inftance fuch witnefs (hall be
fummoned ; ind in defauh thereof, fliall forfeit and pay to the party at whofe inftance thefubpcena iflued,'
the fum6f fifty pounds, and fhall be further liable to the aftion of fuch party, for the full damages which?
th^y be fuftaiiied for want of fUch witi^efs's teftimony, who fhall recover the f^me hy fcirefaciast witH
'cofts- • * ■ . :..... , , I
XXXVIII. Provided always,Thzt if it fliall fo happen that the fuit depending flidll ip the vacation be adv
commodated arid fettled betvji-een the'patties, and the party at Whofe inftance fuch witnefe was fummone^'
■fhculd neglea or ohiit to difcharge him or herftob further attendance, and he or flie, for want of futh
difcharge, fl^.ould attend at the n^xt term, then, arid in that cafe, the witnefs, upon oath rngde of the
•fads, flnall be ehtitled to a ticket flrorii' the clerk in the fame manner as other witnefles, and fliair recover
'fr6m the party at whofe ihft^nce he, was fumni(:^ri6d, the fame alloXvance which by ttiis aft is giVtn to witr
nefles for their attendance at the faid criurt, With cofts. Provided cljo. That if ariy vt-itnefs fliall heteaf-i
'tor fWear falfety, in orcl^r to obtain a ticket, he Iftiall Upon convi£cion be adjudged guilty of perjury, •an4
fuffer as in cafes' of corrupt and Wilful perjury, And provided further. That if luflicient caufe be ftiewi
by the perfon fo fummoned, and failing to appear, of his or her incapacity to attend at the time and-plao
menticined' in the fubpceifa, ^ then rid-foffeiture or penalty fhall be incurred by fuch failiiic -, but if on n
'tice-giveh'by the court, fuflFicient caiife beriotfliewn'at the next fuccepding terrh after fuch failure, it fti;
and may be lawful for fuch court, on motion, to grant judgment, and award execution, for the forft
ture before mentioned, againft the perfon fo fummoned and failing to appear as aforefaid.
XXXIX. .4ndheit further endued by the au'thbrity afor-efiid, That when any perfon who may beawitnefi
In any caufe in'ariy of the laid courts, ' fliall refide Out of this ftate, cr fliall by reafon of age, bodily infit
mity, or any other .caufe, be incapable of attending to gii-e his teftimony in court, oath thereof beitt{
niade, or the truth of the matter othervdfe if pearing, the judge or judges of the court wherein fuch kit ii
depending fliall and may, ' by t6irimiflri6n, en^ power fuch arid fo many.perfons'as may be thought necefi
fary to take and receive the depofitiori of fuch witnefs, which being duly talten and returned as herein z{%
tei is direfted, {hall be received as legal teftimony.
To attend till
ilisclutged.
Proviso.
Penally.
Proviso.
Commissions
to take testi-
mony to be
granted in cer-
tain easel.
XL. Provided a/rvays, That the party praying fuch commiflion fliall give fuch notice to the adverfe par- 2,1777. 217
ty of the time and place when and where fuch comnniffion is to be executed, as the court (hall think pro- L-'-v^O
per ; and the adverfe party (hali have power to crofs examine any witnefs whofe depofition fhall be fo ta- Proviso,
ken, and all depofitions otherwife taken than as herein is diredied, unlefs by confent of parties, fhail be
void to all intents and purpofes.
XLT. Atid be it further ena5ied by the authority, aforefaidy That if any perfon who may be a witnefs in any Persons lear.
caufe depending in any of the faid courts, fhall be under a neceflity of leaving this ftate before fuch caufe ing the state,
is to be tried, or even before fuch caufe (hall be at ifl'ue, upon oath thereof made before any of the jufti- 'heirdepoiiti-
ces of the faid courts, fuch juftice is hereby empowered to order the clerk of the court where fuch caufe en!"^^^ "^'""
is depending to iflue a commiffion to one or more perfons to take the depofitions of fuch witnefs, notice be- See seaion 39.
ing firft given to the adverfe party of the time and place when and where fuch depofition is to be taken. Partly repealed
at leaft ten days previous to the time of executing fuch commiflion } which depofition when returned, ta- ^°^' ^ ^^^' '
ken in manner aforefaid, fhall be received as legal evidence.
XLII. And be it further enaBed by the authority aforefaid^ That if any perfon who fhall be fummoned as a Pen, forrefusal
witnefs in any of the faid courts, or before any perfons appointed to take depofitio: s as aforefaid, fhall re- tog-veevi-
fufe to give teftimony on oath, fuch perfon fo refufing fhall by the court, or by the commiffioner before *^®'
whom he fhall be fummoned, be committed to the common prifon, there to remain, without bail or main-
prize, until he (hall be willing to give teftimony, in fuch manner as the law doth or may dire£b. Provi-
ded, The people called Quakers (hall have the liberty of giving their teftimony by way of folemn affirm ati- ^'■°^'5<'f°''
on, in all caufes whatfoever, criminal as well as civil. And provid/d a//c, That all negroes, Indians, mu- Negroes &c n»
, lattoes, and all perfons of mixed blood, defcended from negro and Indian anceftors, to the fourth genera- wimesse's, ex-
tion inclufive (though one anceftor of each generation may have been a white perfon.) whether bond or ceept against
free, fhall be deemed and taken to be incapable in law to be witnefTes in any cafe whatfoever, except againft ^^'^^ °^^"'
ta:h other.
XLIII. Be it enaBed by the authority aforefaid^ That every witnefs being fummoned to appear in any of Witnesses ta
the faid courts on a criminal profecution, or plea of the ftate, fhall appear accordingly, and continue to attend till dis-
attend from day to day until difcharged by the court, the attorney for the ftate, or the party at whofe in- *^ "^^
ftance he fhall be fummoned •, and in default thereof, fhall forfeit and pay the fum of one hundred pounds,
for the ufe of the ftate, unlefs upon notice iflued and made known, fufficient caufe be fhewn for fuch fai-
lure at the next fucceeding term.
XLIV. And be it further enaBed by the authority ajorejaid^ That during the attendance of any perfon fum- Witnesses pri«'
moncd as a witnefs to any court whatfoever, and during the time that fuch perfon is going to, and return- ^''^S««
ing from the place of fuch attendance, allowing one day for every twenty-five miles fuch witnefs has to
travel 'o and from his place of refidence, no fherifF or other officer fhall ferve or execute on any perfon fo
attending, going to, or returning from fuch court, any writ or procefs, warrant, order, judgment, or decree
IB any caufe (fummons for witneffes excepted) and if any fuch fhall be executed, the fame fhall be, and is
hereby declared null and void.
XLV. And he it further enaBed by the authority aforefaid^ That for every mile any witnefs fhall travel, ei- Their allow^.
ther going to or coming from the court to which fuch witnefs fhall be fummoned to appear, there fhall be *""*
plaid to him, by the party at whofe inftance the fubpoena fhall have iffiied, two pence halfpenny per mile,
together with the neceflary ferriages, and fix fhillings per day for every day he fhall attend, until he fhall O'herprovis'u
have given teftimony, or fhall be difcharged. Provided, That in any bill of cofts there fhall not be allow- ^"} g 93 94
ed the charge of more than two witnefles to any particular matter of faft. 199.
XLVI. And be it further enaBed by the authority aforefaid. That the clerks of the faid courts are hereby Clerks to tike
empowered and direfted to take probate of all evidence tickets upon oath, and certify the fame. probate of evi.
XL VII. And be it enaBed by the authority aforefaid. That the faid courts fhall have power and au-
thority to grant writs of error for corre£ting the errors of any inferior court, and the party praying fueh jwanted. *"*"
writ, before the fame fhall iflue, fhall affign error, and give bond and fecurity, to the fatisfaftion of the
court, to abide by, perform and fulfil, the judgment which fhall be given thereon by fuch court ; and if
upon argument of any writ of error, or trial of any appeal from an inferior court, the judgment or decree
of the inferior court fhall be reverfed, the fuperior court fliall grant judgment, or make fuch decree there-
upon, as fhould have been made up or entered in fuch inferior court, and fhall and may ifliie execution
thereupon, without granting a writ of Procedendo ; and to prevent the obtaining of writs of error by fur-
prize, the party praying fuch writ in a. civil caufe, (hall give notice in writing to the adverfe party, at leaft
Vol. I. 3 K
218 2, 1777. ten days before motion, of his intention to move for fuch writ, and no fuch writ fhall be granted without
<-.*-v«*«> affidavit of fuch notice.
Causes tra IS- XLVIII. And be it further enaSled by the authar'tty aforefaid. That all caufes, aflions, writ?, fuits, atta "h-
posedtothesu ments, plaints, procefs, appeals, recognizances, and prefentments whvitfoever which remained undetermin-
perior court gj [^ 3,jy qj: j^g j^jg f.jperior courts within this territory, or in any of the late courts of oyer and terminer
and general gaol dehvery, held under any a<£l: of Aflembly or ordinance of congrefs, or fuch as fhall be
returnable to, or had, or (hall have day or days in any of the faid courts, and other matters jand things in
them depending, and not fully determined, except for crimi:nal offences committed before the decl-.ration
of independence, (hall be transferred and put on the dockets of thfe refpeftive courts hereby efLdhll.'hed, in
the fame order in which they now ftand, or ought to fland, on the doclcets of the faid late courts refpe£l-
ively, and fhall be proceeded on by the courts hereby eflabliihed according to the method by this aft di-
refted, as if they had been originally commenced in any of the fame.
Su;fs for quit- XLIX. Provided always, That nothing herein contained fhall extend, or be conflrued to extend, to fuch
rents excepted, fuits as are now upon the dockets of the faid late fuperlor courts, and flill depending, and which were in-
ftituted in the name of the King of Great-Britain, when this territory was under his government, and
owed allegiance to him, for quit-rents, and arrears of quit-rents, faid to be due for lands held of the faid
King, but that all fuch fuits fhall be difmiffed and done away as if the fame had never been commenced.
Aftion given in L. And be it further eniBed by the authority aforsaidy That in all cafes, wherein by any aft of afTembly
the superior heretofore made, aftion is given, or recovery direfted to be had, in any af the late fuperior courts within
be brought ifor'^ '•^'^ territory, fuit may be brought for the fame caufe of aftion, and recovery had in the courts hereby ef-
thesame in the tablifhed and judgment and execution fhall be awarded, as in other cafes by this aft direfted.
present courts LI. And be it further enacted by the authority aforefaidf That all writs and other procefs, and all fuits, ap-
Process began peals, and proceedings whatfoever, ifTued, granted, or profecuted, in the faid late fuperior courts, or in the
count, mav be ^^^^ courts of oyer and terminer and general gaol delivery, wherein judgment hath been entered, or
taken cogn'iz- decree made, fhall and may be taken cognizance of by the courts hereby eflablifhed ; and fuch courts may
ance of in the refpeftively award execution, and other neceffary proceedings on fuch judgments and decrees, in the fame
presen: courts, manner as if fuch fuits had been originally commenced in fuch courts ; any law, cuftom, or ufage, to the
contrary notwithflanding.
Forfeited re- ' LII. And be it jurther ena&ed by the authority afore/aid. That where in any of the late fuperior courts or"
in^he^l "'^^^' '^^ ^"^^ °^ '^^ '^''^ courts of Oyer and terminer and general gaol delivery before mentioned, any recogni-
courtshowlevi- ^^"'^^ has been forfeited, or fine impofed, and not hitherto levied or paid, it fhall and may be lawful for
^d. the courts hereby eflablifhed, in their refpeftive diftrifts, to ifTue execution for levying the fame, after
/o», o2. the party has been ferved with zfcire facias, and judgment awarded againft him ; and on all recognizances
which fhall hereafter be forfeited, and on fines which fhall hereafter be impofed in any of the fuperior
courts, the fame procefs fhall iflue, and the fine or forfeiture be levied in the fame manner, unlefs fuffici-
ent caufe can be fhewn, on the return of ihejcirefacias, why fuch fines or forfeitures fhould be difcharged,-
or mitigated by the court.
Coinmission of LIU. And whereas many of the prifons, within this ftate are infufKcient for the retention of perfons
oyer and termi- who may commit ofFences againfl the fame, and the peace and good government thereof ; therefore, for
sued?*^ '*' '•h^ fpeedy trial of fuch offenders, Be it enadledby the authority aforesaid, Th^it tjie Governor or commander
in chief for the time being, is hereby empowered and required, by and with the advice of the council of
ftate, as often as it fhall be found necefTary, to ifTue a commiffion to the juftices of the fuperior courts of
this flate, empowering them, or any of them, to hold a court of feffions of the peace, oyer and terminer
and general gaol delivery, for the trial of fuch offenders ; and to hear, try and determine, all crimes and
mifdemeanors, of what nature or kind foever, wherewith fuch offenders, or any of them, fhall fland char-
ged, and to give judgment, and award execution thereon.
Timenotallow- LIV. And be it further enaBed by the authority aforefatd. That the time elapfed fince the flxth day of
mitation ^ °^ ''' ^^'^^'^j one thoufand feven hundred and feventy-three, until the end of the prefent feffion of this gene-
1783, 4.' ral afTembly, fhall not be allowed of in the fuperior courts hereby eflablifhed in any plea of limitation, or
in the computation of time allowed for proving accounts, under the aft for afcertaining the method of
Just^c-scon- proving btJok debts.
tinuedtiil the ^^ ' ^ind be it further enaBed by the authority aforefaid. That the juflices of the peace appointed by this
next countjr general afTembly at their lafl fefTion and who qualified as fuch, fhall have and hold, and may exercife the
courts, powers of juftices of the peace, utttil the fitting of the next couaty court of their riefgeftive counties.
•LVt. And be it further enasied b)' the authority aforefaidy That every perfon nQminated and appointed a 2,1777.219 ;
tices totake
; oaths of the
State, and
bath, to wit,
*< I A. B. do folemnly fwear, that as a juflice of the peace, and a jufllce of the county court of pleas Their oath.
• JL '* ^""^ quyter-feiRons in the county of in all -articles in the commillion to me diretled,
*' I will do equal right to the poor and to the rich, to the beft of my judgment, and according to the
*< ■ laws of the ftate. I will not privately or openly, byrayfelf or any other perfbn, be of counfel in any
««• quarrel or fuit depending before me ; and I will hold the county court and quarter-feflions of my coun-
*' ty as the ftatutes in that cafe fhall and may diredV. The fines and amerciaments that Ihall happen to
«. be made, and the forfeitures that lliall be incurred, I will caufe to be duly entered, without conceal-
**ment. I will not wittingly or wiUingiy take by rayfelf, or by any other perfon for me, any fee, gift
*< gratuity, or reward whatfoever, for any matter or thing by me to be done by virtue of my office, ex-
** cept fuch fees as are or may be directed and limited by ftatute ; but well and truly I will do my of-
*« fice of a juftice of the peace, as well within the county court of pleas and quarter- feffions as without. •
«' I will not delay any perfon of common right, by reafon of any letter or order from any perfon or per-
**.fons in authority to me direfted, or for any other caufe whatever ; and if any letter or order come to
** me contrary to law, I will proceed to enforce the law, fuch letter or order not withftanding, I will not
*' dire£l, or caufe to be direfted, any warrant by me to be made to the parties ; but will dire£t all fuch
•* warrants to the flierifF or conftables of the county, or other the officers or minifters of the ftate, or
** 'Other indifferent perfons, to da execution thereof. And finally in all things belonging to my office, dar-
ling my continuance therein, I will faithfully, truly and juftly, according to the beft of my Ikili and
« judgment, do equal and impartial juftice to the public and to individuals.
SO HELP ME GOD.'^
.And if any perfdn whatfoever (hall prefume to execute the office of a juftice of the peace, or office of Penalty
z juftice of any county court, without firft qualifying himfelf in tha manner by this a£t required, he
fiiiall for every fuch offence forfeit and pay the fum of one hundred pounds, one moiety thereof to the ftate,
towards the fupport of government and the other moiety to him or them who will fue for the fame } to
be recovered, with cofts, by aftion of, debt, in any court where the fame may be cognizable.
LVII. \_The times of holding the courts altered by fubfequent a£ls.']
LVIil. Provided never thelefs. That if the bufmefs of any of the faid courts cannot be determined on Counshow
the day of the term, the juftices may adjourn from d^ to day, not exceeding fix days ; at the end of '°"S w *"•
which time, the caufes and matters which may be depending before them, and not then finally determin-
edi fhall be continued to the next fucceeding term.
LIX. Provided alfoj That if by reafon of indifpofition, or other inability, bad weather, or other acci- One justice
dents, it fliall fo happen that a fufficient number of juftices fliall not meet for holding the faid courts, or ">»? adjourn,
any of them, on the days by this adt appointed, in fuch cafe it fliall and may be lawful for any one juf-
tice to adjourn the court wheireof he fliall be a member from day to day, not exceeding tiiree days, until
a fufficient number of juftices can attend to hold the courti
LX. And be it further enaSledby the authority aforefaidy That none of the faid County courts, nor any Courts, or pro-
frocefs in any of them depending, fliall be difcontinued for or by reafon of the juftices failing to' hold cess not discon-
court upon the day by law appointed, or of any alteration of any of the days appointed for holding the ""^ *
! faid courts, but in every fuch cafe, all fuch procefs, matters, and things depending, fhall ftand continued,
and all appearances upon returns of procefs fhall be made to the next fucceeding term in courfe, in the
fame manner as if fuch fucceeding term had been the fame term to which fuch procefs had ftood conti*
nued, or fuch returns or appearances had been made ; and all recognizances, bonds, and obligations for
appearances, and all returns, (hall be of the fame force and validity for the appearance of any perfon or
perfons at fuch fucceeding term, and all lummonfes for wilneffes as efFe£lual, as if the next fucceeding
term had been exprefsly mentiened therein.
LXI. ^nd be it enolied by the authority aforefaidy That the juftices of the faid county courts of pleas and Courts power,
quarter feffions, or any three of them, fhall and may take cognizance of, and are hereby declared to have
full power and authority, and jurifdiftion, to hear, try, and determine, all caufes whatfoever at the com-
mou law, within their refpe<£tiYe counties, where the debt, damages, or cauie of ailion is above five
220 2,1777. pounds, (anions of trefpafs in ejedlment, formedon In defcender, remainder and reverter, dower, par-
Uom^^ tition, perjury, and fuch felony and criminal caufes where the judgment, upon convi£lion, (hall be for
The* risdiaio ^^^ ^°^^ ^^^» limb, or member, excepted) and all petit larcenieSj affaults, batteries, and trefpafles,
Ei nee enlarged, (other than fuch trefpafles where the title of freehold may come in queftion) breaches of the peace, and
1784, 15. other mifdemeanors of what kind foever, of an inferior nature ; and all ad^ions of detinue, trover, and
J"8.'>, 2. on penal ftatutes, fuits for filial portions, legacies, and diftributive fhares of inteftates eftates, and all
1787* at other matters relating thereto : And the faid jufticesof the peace, and every of them, during their con-
1788* 32, tinuance in office, as well within their county courts of pleas and quarter feffions as without, Ihall have
full power and authority as amply and fully, to all intents and purpofes, as any juftlce of the peace in
this territory had, or pught to have had, by virtue of any a£b or a<n:s of aflembly heretofore made under
the late government, to preferve, maintain and keep the peace within their refpeftive counties.
May take pro- LXII. And be H further enaSledby the authority aforefaid, That the faid courts of pleas and quarter fef-
bate of wills, fions {hall and may, within their refpe£live counties, take the probate of wills, and order the fame to be
recorded in proper books to be kept for that purpofe ; and the faid courts {hall and may make orders for
ifTuing letters teftamentary, and letters of adminiftration, which letters {hall be figned and ilTued by the
clerk of the faid court, and n\ay by fummons, upon application to them made, compel any perfon or
perfons whatfoever within their refpedlive counties, having in their pofleffion any will or teftament of
any deceafed perfon, to exhibit the fame to the court for legal probate thereof ; and whoever being legal-
ly fummoned fhall, in contempt of the court, refufeto produce any fuch will m his or her poiTeffion, or
having been in his or her pofTelTion fhall refufe to inform the court, on oath, where fuch will then is, or
in what manner he or flie hath difpofed of the fame, fuch perfon fhall, by order of court, be committed
to the common prifon of the county, there to remam, without bail or mainprize, until fuch will fhall be
produced, and due fubmiffion made to the court for the contempt •, and the court fhall, and is hereby em-
powered, in cafe of fuch perfon's removal, to ilTue fuch fummons and procefs for commitment, into any
county in this ftate.
Right of ap- LXIII. Provided alnvayt. That if any perfon who fhall claim a right to execute any will, ot to admini-
Fal. fter the eftate of any inteftate, and fhall think himfelf injured by order of the court for letters teftamenta-
ry or of adminiftration, fhall be entitled to an appeal to the fuperior court of the diftri£l: where fuch or-
der fhall be made, fubjeft to the fame regulations as in other cafes of appeal ; and fuch fuperior court is
hereby declared to have cognizance thereof, and fhall, at their fitting next fucceeding fuch appeal, de-
termine the fame, and upon fuch determination had, fuch court fhall proceed to grant the letters to the
perfons entitled to the fame, he or fhe giving bond, with fufficient fecurity, for the faithful difcharge of
the truft.
Wills, &c. to LXIV. And for the better prefervation of wills and other papers relating to the eftates of deceafed per-
lemain among f^^g^ ^^ -^ enaSied by the authority aforefaid, That all original wills, inventories and accounts of executors
coids "'^"^* ^"^ adminiftrators, fhall remain in the clerk's office among the records of the refpeftive counties where ,
the fame fhall be proved or exhibited ; and to the faid wills, inventories and accounts, any perfon may have
accefs as to the other records, except for the time they fhall or may be removed before any other court
upon the determination of any controverfy.
LXV. Repealed, 1 789, 57,
Clerks to be a.f. LXVI. And be it further enaSied by the authority aforesaid. That where any vacancy now is, or fhall here-
pointed for va- after happen in the office of county clerk, the court of pleas and quarter feffions of the county where fuch j
cancies. vacancy fhall be fhall appoint a perfon of Ikill and probity to fill fuch vacancy ; and all clerks of the faid
courts fhall hold their offices during their good behaviour therein.
To give bond. LXVII. And be it enaSed by the authority aforefaid. That the clerks of the feveral county courts
of pleas and quarter feffions, at the firft court to be holden in their refpedtive counties after the expiration
of this prefent feffion of the General AfTembly, fhall each give bond, with fufficient fecurity, in the fum
of two thoufand pounds, payable to the juftices of the faid courts refpeftively, and their fucceffors in office,
for the fafe keeping the records and the faithful difcharge of his duty in office ; which faid bond fhall be
lodged in the fecretary's office, and may be affigned and put in fuit, and recovery had in the fame manner,
and according to the like rules and reftriftions as are herein before prefcribed for fuits on bonds given by
clerks of the fuperior courts ; and each of the faid county court clerks fliall at the fame time, take and
fubfcribe the oath appointed to be taken for the qualification of public officers, and the oath of office here-
in before diredled to be taken by clerks of the fuperior courts: and the offences herein before mentioned
of any candidate orperfon in nomination for the office of clerk of any of the faid county courts, fhall incur 2,1777. 221
the fame incapacities, and the violation of the oath of ofBce in the particulars herein before fpecified, (hall, v.*r.-y*>»J
on conviction, be attended with the fame penalties, incapacities and difabitities, as are in like cafes to be
inflided on clerks of the fuperior courts, px candidates or perfons in nomination for fuch cl^rkfhips for fuch
offences and violation.
LXVIII. And be it further en^Bed by the authority afore/aid, That rhe county courts are hereby authori- Caunty courts
fed and required to appoint an attorney, properly qualified, to a£l for and in behalf of the (late in each ref- '^°^^^^'|'° '" *"
pefklve county within this ftate, who (hall hold his olhqe during good behaviour, and fliall and may pro-
fecute all matters cognizable in the county court of pleas and quarter-felTions wherein he (hall be appoint-
ed, for and in behalf of the ftate. *
LXIX. And he it enaBedhy the authority aforefaidy That all debts and demands of five pounds, and All debts of 51.
under, where the balance due on any fpecialty, co'ntraft, note or agreement, or for goods, wares and mer- '^^^^^^l^^^^^^
chandizes fold and delivered, or work and labour done, are hereby declared to be cognizable and determin- one justice.
able by any one juftice of the peace, who may give judgment, and thereupon award execution againft the ihe jurisdiction
goods and chattels or body of the debtor, which (hall be executed and returned by the fheriff, conftable ''femedand
or other o(ficer, to whom the fame may be directed, m the fame manner as other writs ol pert jacias or ^^^/ ^^^^^ 2,
capias ad fatisfaciendum are to be executed and returned. 1786, 14
LXX. Provided neverthelefs, That if either of the parties (hall be dKTatisfied with the judgment given by ^^^ 2. 57, 19.
fuch juftice, he may appeal to the next county court of pleas and quarter-felTions, fir ft giving fecurity
for profecuting fuch appeal with efFedl: ; and the caufe (hall be re-heard and finally determined by the Appsal.
juftices the fame court, without any further procefs, in a fummary way without a jury ; and judgment
fhall be given thereupon, and the party caft (hall pay the coft of all the proceedings, to be taxed by the
court.
LXXI. Provided alfo. That the caufe (hall be tried by, and the appeal made from fuch juftice, five days When to be
at leaft before the term to which the appeal (hall be made, otherwife the caufe (hall be continued to the ^^Ae.
next fucceeding term. And provided furthery That the juftice lUfore whom the fuit was firft heard (hall (."gg^hl'^cause
at the requeft of the refpedive parties, fummons fuch witne(res to court as they (hall name, but (hall not tosummonwit-
fit in court or give judgment on the appeal. nesses.
LXXII. And be itjurther enaBedby the authority afore/aid y That every juftice of the county courts fhall Attachmentre*
have power, and they are hereby authorifed and required, upon any complaint being made by any perfon tumable to '
or perfons, for any Sebt or damage, matter or thing, cognizable in the county courts of pleas and quarter court,
felfions of this ftate, to grant an original attachment againft the eftate of any perfon abfconding or con-
cealing himfelf, or removing out of the county privately, returijable to the court of fuch county, obferving
therein the rules and reftriftions dire£led for granting original attachments in the fuperior courts ; and all
flierifis and coroners (hall execute and return th* fame, aud obferve the rules and direftions appointed to
be obferved in executing attachments returnable to the fuperior courts j and the like judgment, recovery,
remedy, relief, and proceedings, (hall be had thereupon, as in the like cafes are grantable in the faid fuperior
courts.
LXXIII. And be it further enaBed by the authority aforefaidy That any one juftice of the peace, in cafes Attichment
where by this ad he has jurifdidion, may KTue an original attachment againft the eftate of any abfconding granted bjr »
6r abfent debtor, upon the oath of the plaintiff, his agent or attorney, direded to the fheriff or any confta- J"s'>"=^
ble of the county, firft taking fu(Ecient fecurity, as in other cafes of attachments ; and the proceedings
thereon (hall be in a (ummary way, in the fame manner as on a warrant, and the defendant may replevy
the goods attached, and either party may appeal from the judgment of the juftice, in manner as is herein
before direded.
1.XXIV. And be it further enaBed by the authority aforefaid. That all original procefs, and all fubfequent Process how is.!
{jrocefs thereupon, to bring any perfon or perfons to anfwer to any aftion, fuit, bill or plaint, in any county «ued and k-
court of pleas and quarter feffions (except fubpoenas for witneffes, which in term time may be made re- *"*"' '
turnable immediately) (hall be iffued by the clerk of fuch court, and (hall be returnable to the firft day of
term, and (hall be executed at leaft five days before the return thereof ; and if any perfon takes out any
writ or procefs while fuch court is sitting, or within five days before the beginning of the term, fuch.
writ or procefs (hall be made returnable to the term next after that then held, or to be he'd within five
,days as aforefaid, and not otherwise: and all writs and procefs ilTued, made returnable, or executed in
Vol. I. 3L
222 2,1777. any other manner, or at any other time than is herein before diredled, may be abated upon the plea of the
■ ■ defendant.
Proceedings
wherp process
issues to the
Execution to
issue to any
county after
judgment.
LXX\''. Provided always y That nothing herein contained (hall extend, or be conftrued to extend to in-
validate or vacate any writ, procefs, warrant, or precept iiTaed by a juftice, or other ofRcer having jurif-
did^ion thereof on any criminal profecution, or in behalf of the ftate, but the faiie may be made returna-
ble to any day in the term ; and the proceedings in all criminal cafes (hall be had according to the laws and
ftatutes of this ftate, and in the mode heretofore pradlifed within the limits thereof, under the laws for-
merly in ufe therein.
LXXVl. And be it further enaSied b^ the authority aforefaidy That when any writ or procefs ftiall iffue to
take the body or bodies of any perfon or perfons, to anfwer to any plaintiff in any civil adtion in any coun-
sheriff in civil ty court of pleasand quarter feffions, the IherifFlhall return therewith a bail bond, with two fufficient fecuri-
Par«/ retxakd ^*^** ^^^ double the fum for which the perfon or perfons (hall be held in arreft (executors and adminiftrators.
Vol. 2. 124. ' ^"'^ perfons fued on fuch penal ftatutes as do not exprefsly require bail, excepted) to the clerk on or before
the firft day of every term ; and if the flierifF (hall not return bail, or the bail returned be held infufficient,
upon exception taken thereto, and entered on the docket, the fame term to which the writ fhall be return-
able, and notice given that term to the ftieriff to juftify, then, and in fuch cafe, the ftieriff Ihall be held and
ftand as fpecial bail for the defendant,, and the plaintiff may proceed to judgment, according to the rules
herein after mentioned ; and the plaintiff, on recovery, may take out execution againft the defendant or
ftieriff, or both, any law, ufage, or cuftom to the contrary notwithftanding. Provided alivays. That if the
defendant puts in bail before the time to plead by the rules hereafter mentioned is expired, then the fhe
riff fhall be difcharged. Provided alfoy That the fherifF may furrender the defendant in difcharge of him
felf, at any time before final judgment obtained againft the faid bail.
LXXVII. And he it jurther enaEiedhy the authority ajo^efaid^ That where any judgment or decree fliall,
be obtained in any county court of pleas and quarter feffions for any debt, damages, portion, legacy or dif-
tributive fhare of an inteftate's ellate, and the perfon againft whom fuch judgment or decree ihall be ob-
tained fhall remove him or herfelf and «5ffe£ts, or fhall refide out of the limits of the jurifdi£lion of fuch
court, it fhall be lawful for the clerk of the court where fuch judgment fhall be given or decree made, at
the requeft of the plaintiff, to iffue execution to any county of this ftate where the defendant or his goods
may be found, and the fheriff or other officer to whom the fame may be direfted, is hereby empowered
and required to execute the fame, and make return thereof, in the fame manner as is directed for the re-^
turns of procefs iffuing from the fuperior courts. • . ',
LXXVIII. And for the better afcertaining what procefs may be ifTued where the fherifF fhall return
that the defendant is not to be found in his county. It is hereby enaSiedy That when any fheriff fhall make
fuch return, the plaintiff in any civil aftion may take out an attachment againft the eftate of fuch defen-
dant, returnable as is herein before dire£led for the return of other procefs, thereupon to enforce an ap-
pearance, at -iXi alias pluries capias y until fuch defendant be arrefted, at the election of the plaintiff} and
if the fheriff fhall return fuch attachment executed, the plaintiff fhall file his declaration according to the
rules of the court, and proceed as in other cafes.
Proceedings on LXXIX. And be it further ena8ed by the authority aforefaidy That the fame rules, method and proceed-
attachmenisthe xng^^ fhall be had, kept and obferved, by the faid county courts of pleas and quarter feflions, and the of-
superiot cowts. ^'•^"'^ ^^^"^^^^ ^" granting, iffuing, executing, and returning procefs, and awarding judgment on judicial
attachments, and the like remedy, recovery, and relief, againft the fheriffs and bail, as in like cafes are
provided by law in fuits depending, or to be commenced in the fuperior courts of law.
LXXX. And for the regular profecution and determination of fuits, entering up judgments, and pre-
fervation of the records in the faid county courts of pleas and quarter feffions j Be it enaSied by the autho-
rity aforefaidy That the following rules and method fhall be obferved, to wity
The plaintiff in every fuit fhall file his declaration on the firft day of the term, or firft calling of the
caufe in court, and fhall alfo ferve the defendant, or his attorney, with a copy thereof, at leaft five days
before the term. .i
If the plaintiff fails to file his declaration, or to appear and profecute his fuit, the defendant may entet
a non profs.
The defendant fhall enter his appearance, and file his plea in writing, whether general or fpecial, the
firft term ; and if he fails f& to do, the plaintiff fhall have judgment, which in adions of debt (hall be
Proceedings
where Honest
jnrentus is re-
turned.
Rules of court.
final, except where damages are fuggefted on the rollj in which cafe, and in all others where the plain- 2,1777.223
tifF is to recover in damages, a writ of enquiry (hall be executed the next fucceeding ferm. u^>v«0
The defendant may plead as many feveral matters as he may think neceffary, fo that he be not admit-
ted to plead and demur to the whole.
All iflues, whether general or fpecial, (hall be heard and tried the next fucceeding term after the iflue
fliall be made up, unlefs fufficient caufe be fliewn to the court why fuch caufes Ihould be continued.
All jury caufes at iflue fhall be firft heard and tried.
Every motion in arreft of judgment fliall be argued the laft day of the term in which the iflue fhall be
tried, the defendant's attorney firft ferving the plaintiff's attorney with a copy of the reafons in arreft of
judgment; unlefs upon fu^cient reafons fliewii, and approved of by the court, further time fhall be al-
lowed.
When a fpecial verdidi fhall be found, a cafe agreed, a demurrer filed, or a bill of exceptions to the evi-
dence tendered, time fhall be allowed, at the motion of either party, to the next fucceeding term.
LXXXI. And for prevention of vexation by dilatory pleas. It is hereby enaSfed by the authority afore- Provision for
jaj</. That no plea in abatement fhall be received in any adtion or fuit in the faid county courts, unlefs "^'^ preventioa
the truth thereof be fufficiently fhewn to the court by affidavit or otherwife, and in all anions where the pfeasr"'^
declaration (hall plainly fet forth futEcient matter of fubftance for the court to proceed upon the merits
of the caufe, the fuit fhall not abate for what of form in the proceedings ; and when any plea fliall be
pleaded in any aftion, and upon argument thereof the fame fhall be adjudged infufficient to abate fuch ac->
tion, the plaintiff fhairrecover.agairiil the defendant full cofts to tlie time of overruling fuch plea, inclu-
ding the cofts of court,
LXXXII. And for granting appeals from the county courts of pleas and quarter fefhons to the fuperior Appeals grant-
courts. Be it enaSied hy the authority afore/aid. That when any perfon or perfons, either plaintiff or defen- ed-
dant, (hall be diffatisfied with the fentence, judgment or decree, of any county court, he may pray an ^^^' ^'
appeal from fuch fentence, judgment or decree, to the fuperior court of law of the diftri£l wherein fuch
county court fhall be ; but before obtaining the fanae, fhall enter into bond, with two fufficient fecuri-
ties, . for profecuting the fame with effeft, and for performing the judgment, fentence and decree, which
the fuperior court Ihall pals or make thereon, in cafe fuch appellant Ihall have the caufe decided againft
him.
LXXXIII. And becaufe it may happen that in iifuing procefs, carrying on the proceedings, and ren- vVrits of ewor
dering judgments in tlie faid county courts, there may be error to reverfe judgment ; Be it enaaed by the granted^
authority aforefaidy That when any perfon fhall be defirous to profecute a writ of error, he fhall move the
county court of pleas and quarter feffions where fuch fuit is or hath been depending, to allow a writ of
error, he firft entering into bond as before diredted in cafes of appeals ; and the court is hereby empow-
ered and required to allow thereof as if fuch writ of error ihould be then and there produced from the fu-
perior court.
LXXXIV. And for profecuting appeals. Be it enaaed by the authority aforefaidy That when any perfon Appeals how
{hall have appealed to a fuperior court m manner above direfted, a tranfcript of the record of the fuit on probecuted.
which the appeal ftiall be made, fhall be delivered to the clerk of the fuperior court at leaft fifteen days
before the fitting of the term, and fhall by him be filed the fame day on which he receives the fame j and
if the trial of the county court was of an ifTue to the country, a trial </f novo fhall be had, and if on a hear-
ing on a petition for a filial portion or legacy, or diftributive fhare of an inteftate's eftate, or other matter
relating thereto, a re-hearing at the fuperior court, without notice given by either party ; and if fuch
tranfcript of the record is not filed within the time aforefaid, or if the appellant fliall fail to appear, or to
profecute his appeal, then the judgment, fentence or decree of the county court ftiall be affirmed, and the
appellant fhall pay double cofts in the fuperior court.
LXXXV. And for profecuting writs of error. Be it enaaed hy the authority aforefaidy That the follow- mt ■ r
ing method of pradice fhall be obferved, that is to /hy, A tranfcript of the records and proceedings in the ZTvxtZT
county court, m the fuit in which any writ of error ftiall be granted or allowed, fliall be tranfmitted and e^-
delivered to the clerk of the fuperior court at leaft fifteen days before the fitting of the term ; and in
cafe the plaintiff in error ftiall negleft to file fuch writ, and affign error as aforefaid, or ihall fail to ap
pear, or to profecute the fame, then the judgment of the county court fliall be affirmed, and he fliaU L
adjudged to pay double cofts in the fuperior court.
Frovisa
224 2,1777. LXXXVI. Provided always, That if It (hall fo happen that there (hall not be thirty days between the
laft day of the term or hearing in the county court, and the next term of the fuperior court to which fuch*
appeal (hall be made, or writ of error allowed, then fuch appeal or writ of error (hall be continued, and
a tranfcript of the records and proceedings (hall be tranfmitted and filed in like manner in the office of
the fuperior court, the term fucceeding that which (hall immediately follow fuch county court term, in
which fuch trial and hearing (hall be had as aforefaid. ; ' ^ '' ' ' ■»:
On appeals, LXXXVII. And be it further enaSlfd hy the authority afarefaid, Txiat in every county court oP pleas and
cltrks to make quajtgr feflfions within this (late, when any appeal (hall be granted, or writ of error allowed, the clerk o£
proceedings for fuch court (hall immediately make up a full and perfeft record of all the proceedings in fuch caufe, and'
the aj.pe;lant. (hall within ten days after the final adjournment of the term in which the caufef (hall be heard, give an at- .
tefted copy of fuch record, with a taxation of all cofts accrued to the appellant, or plaintiff in error, if'-
required, and (hall endorfe on fuch copy the day or days on which the fame may have been demanded, .
and the day on which it (hall be delivered, and (ign his name as clerk thereto ; and if by reafon of the'
delay of any clerk, any tranfcript (hall not be filed in time, or that the record is fo erroneoufly or inarti-
ficially made up, that the fuperior court cannot proceed thereon, fuch clerk, in any of the faid cafes,-
{hall, upon trial, be adjudged guilty of milbehaviour in office and fhall forfeit and pay to the perfon ehti-i
tied to fuch attefted copy the fum of fifty pounds, to be recovered by aftion of debt, in any court having
cognizance thereof; and (hall be further liable to ^n actioa on the Cafe for all damaiges which fuch perfoa'
may fuftain for the want of fuch copy. ' i
Appeal not dir. LXXXVIII. Provided always y That if the judge or judges of the fuperior court fhould be of opinion"^
missedfor want ^^^ there appears to be fufficient matter of fubftance in the tranfcript of the record and proceeding, on
any appeal or writ of error, to enable them to proceed theron, the fame (hall not be difmilTed for want of
form, any thing herein contained to the contrary notwithftanding.
LXXXIX. And be further enaSlsd by the authority aforefaid, That the clerks of the fuperior courts ref«
pe£l:ively, upon receiving a tranfcript of the record and proceedings in any fait, on which an appeal
•urcrior cruris ^^jj ^^ ^ade, or writof error allowed, (hall give a receipt to the perfon delivering the fame, and (hall
transcripts of immediately endorfe thereon the day on which it (hall be delivered ; and if he receives it fifteen days be-
recordson ap- fore the (itting of the term of the then next fuperior court, he (hall enter it upon the docket of caufes for
trial, and deliver to the parties fuch fummonfes for their witnefTes as they may require ; but if fuch
tranfcript (hall be delivered to the clerk of the fuperior court within (if teen days before the (itting of fuch
term as afore(aid, then fuch clerk (hall enter the caufe on the reference docket of fuch court, and if the
clerk of any fuperior court (hall refufe, negleft or omit, to do any of the duties which he is hereby re-
quired to perform, fuch clerk (hall, upon trial and conviftion, be deemed guilty of mifbehaviour in of-
fice, and (hall forfeit and pay to the appellant, or plaintiff in error, one hundred pounds, to be recover-
ed by aftion of debt, in any court having cognizance thereof ; and be further liable to an ad ion on the
cafe for all damages which fuch appellant, pr plaintiff in errorj majr fuftain, by reafoi} of fuch refufal,
negle£l or omiffion, •
XC. /4nd be it further enaBed by the authority aforefaid. That all caufes, adions, fuits, writs, plaints,
procefs, recognizances, indidlments, and prefentments v/hatfoever, heretofore commenced, and not yet
determined in any of the late inferior courts of pleas and quarter feffions in this territory under the late
government, or in any 'of the county courts and feffions of the peace eftablifhed by ordinance of congrefs,
or adt of the general affembly, or fuch as (hall be returnable to, or had, or (hall have day or days in any
of the faid late courts, or other matters and things in them or any of them depending, except for crimi-
nal offences committed before the declaration of independence, not fully determined, after the paffing of
this aft (hall be tranfpofed, and carried off the dockets of each the (liid late courts refpeftively, into the
dockets of the feveral county courts of pleas and quarter feffions by this aft eftablifhed, in the fame order
and condition in which they ftiall then ftand on the dockets of the faid late courts refpeftively, and (hall
be proceeded on by the county courts hereby eftabUfhed according to the method by tliis and other afts,
pafled this feffion, is direfted, as if the f^ime had been orif;inally fommenced therein.
Process in the XCI. And be it further enaSled by the authority aforefaid, That all writs and other procefs, and all fuitS
la e courts to be ^^^ proceedings whatfoever, iflued, granted or profecuted, in any of the faid late courts laft mentioned,
thf present'" wherein judgment hath been entered or decree made, ftiall and may be taken cognizance of by the courts
ceurts, of the refpeftive counties by this aft eftablilhed ; and fuch courts may refpeftively avtfatd execution, or
other nece(rary procefs, on (uch judgment or decree, and proceed in the fame manner as if fuch fuits had
Dutf of the
clerks of the
peals.
Aliens trans
posed to the
present court
dockets.
been originally commenced in the county courts by this aft eftablifhed ; any la;v, ufage or cuftom to the 2,1777. 2^5
contrary juptwithftanding. v-^v^O
XCII. And be it further enaSfed by fhe authority ajere/atd, That all fuits, procefs, information!?, india. All suits, pro-
nrients, prefentments, recognizances, bonds, and other matters (fuits heretofore inftituted for quit-rents cess, &c. cont-
excepted) commencedj profecuted, made or taken, and all penalties, fines, forfeitures, and amerciaments, "^^"^"^ ""''"
. incurred in the name or the ufe of the king of Great-Britain, when this territory was under his govern- ment'^o'brin'
:.' meat, and owed allegiance to him, and not yet paid or fatisfied, and all breaches on penal ftatules diiefl:- the name of
i ed to be profecuted in the name of the fajd king, (hall be profecuted aud proceeded on in the name of tlie "'^ ^'^'^ ' *"^
i: ftate, in the famemanner as if fuch fuits, procefs, informations, indidlments, recognizances, bonds, pe- nUidtsT&c-^hen
nal ftatutes, and other matters, had been commenced, profecuted, made, taken, or direfted to be fued in to the King,
the name of the ftate ; and the governor or commander in chief for the time being, is hereby auihorifed "ow to the use
ij and required, upon application made to him for that purpofe, to ailign all fherifFs bonds, or other bonds u.ep^enaTttes w
ii taken in the name of the faid king, by virtue of any a£t of affembly heretofore made, to the party or par- church war-
■| ties injured, to be fued for in his or their own proper name or names : and, all breaches of ftatutes here- ''^"^> *° ^^ '"*
ii tofore made in the time of the late government, and direfted to be profecuted in the name of the gover- "^* counties.
'I nor, and all bonds made by virtue of any ad of aflembly payable to the governor, fnall be profecuted in
I the name of the prefent governor, or the commander in chief for the time being ; and all breaches on penal
fltatutes direfted to be fued in the name of the veftry and churchwardens of the late refpeftive pariflies,
{hall be profecuted In the name of the juftices of the county w'here fuch parifti was fituated ; and all penalties
on ftatutes direded to b.e for the ufe of the King, or the late Lords Proprietors, or to be recovered in their
or either of their names, to any other ufe, (hall be to the ufe of" this ftate ; and all penalties direded to be
applied to the ufe of the public, and to the ufes of the refpeftlve counties, fhall be to thofe ufes refpeaive-
ly ; and all penalties direded to be applied to the ufe of the late paiifhes refpedively, (hall be applied to
the ufe of the refpeftive counties m which fuch parifties were fituated ; and the feveral fuperior and coun-
ty courts hereby eftabliOied, are hereby authorifed and empowered to give judgment, and award execution
thereon accordingly ; any law, ufage or cuftom, to the contrary, in any wife, notwithftanding,
XCIII. And he a further enaBed by the authority a/o ./«/V, That all fines, amerciaments, forfeitures, and ^'""'««:. to be
recoveries on penal ftatutes, heretofore recovered and paid to any officer, {hall be accounted for and paid ^TTI'L^'"*
VI manner as by this aft is rtirefted •, and on negled or refufal, may be fued for and recovered by the per-
(bns refpeaively to whom fines, amerciaments, forfeitures, and recoveries on penal ftatutes, not heretofore
recovered, are by this acl payable ,• and all fines, amerciaments, forfeitures, and recoveries on penal fta-
tutes, hereafter to be levied and received, and thofe in the hands of the late officers, or anv of them, ffiall
be paid to the clerks of the refpedive courts where the fame ffiall be impofed or recovered, and ' (hall by
fuch clerks be accounted for and paid to the perfon or perfons to whom the fame (hall be .payable • and
qll l^uch fines, amerciaments, forfeitures, and recoveries on penal ftatutes, as are or ffial! be directed to be
applied to the ufe of the ftate, ftiall by the refpedive clerks of the courts of law hereby eftabliffied, be ac-
counted for on oath, and paid to the treafu?er once in every year, and the fald clerks ffiall fend certified
tianfcripts of aU fuch" accounts at the fame time to the General AlTeniblv, at their fitting next enfubig fuch
payment made ; and all fuch fines, amerciaments, forfeitures, and recoveries on penal ftatutes, direfted to
be applied to any other public or county ufe, and tp be received by any other perfon or perfons, (h^ll be
accounted for in like manner, and paid to the perfon or perfons to whom the fame is or may be payable ;
and if any clerk ftiall fail or negleft to account or pay In manner as by this aa is direaed. or (hall conceal
any money or monies w- ich are payable as aforefaid, (uch failure or negleft ftiall be deemed, upon con-
viaion, a mifbe aviour m office, and the clerk fo negledlng or failing, ftiall forever afterwards be incapable
ot holding any office of truft or profit m this ftate.
XCIV. And be it further enaSled by the authority aforefdd. That every perfon accufed of any crime or Criminals al-
mifdemeanor whatfoever, ffiall be entitled to council In all matters which mav be necefTary for his defence. '"^'^ <:°""<=j'.
"y -five jurorf ' '' '° ' ' """"'^ ^''^"^ °" '"'"' ' °'^'' "^^' """J^ "^^^^ a^eremptory challenge of thirl tenge^^l*^"
XCV. And he it further enaaed by the authority aforesaid. That the clerks of the fuperior courts (hall keep Clerks^hereto
Aeir offices m the refpeaive towns where the fald courts are direaed to be held ■ and the clerks of all keept'hether
the feveral courts of law hereby eftab iffied ftiall by themfelve?, or their lawful deputies, give due attend- t''''-
anaejit their refpedive offices, and all deputies fliall take the oath appointed for the qualification of pub- °'P""**'
226 2, 1 777. lie officers, and an oath of .office ; and in cafe of the death of the clerk of any court in the vacation^ his de-^
V-*nr*-' puty fhall hold the office of clerk until he or another (hall be appointad agreeable to law, 'and ihall be en-V
titled to the fees and perquifites of the office until fucli appointment ; any law, ufage or cuftom to thali
contrary notwithftanding. ^ f|
. Fees (lue on XCVI. And whereas doubts may arife to wham fees which accrued and became due oti fuits and pro-^
counj" ''^^'^'* ceedings in the late courts, and which at the time of difcontinuance ot the faid courts refpcaively, or tha
removal of any officer to whom fees were due, were not finally determined, or whicli being determined,
the fees due thereon have not been levied or received, {hall be paid ; for afcertainmg whereof, and for;
providing a remedy for all perfons to whom any fees or other monies are due, and have heretofore beeol
paid to ahy officer of any of the late courts in this ftate : Be it enaBed ty the authority, aforesaidy That all fee*-
dae to any perfon or perfons, on fuits or proceedings in any of the before mentioned late courts in thisgo-i
veniment, which have not been finally determined, or which being determined, the fees due thereon have ■
not been levied or received, {hall be paid to the perfon or perfons to whom the fame were payable, his or^^
their executors, adminiftrators or affigns ; and the clerks of the feveral courts of law by this a£t eliablifhed^'
are hereby authorifed and required to ilTue executions for all fuch fees, and when returned to their ref-i
pe£tive offices, pay the fame to the perfons to whom fuch fees are due and payable. \
All fees paid to XC VII.y<«</i^ itenaBed by the authorkyu/hre/ai J, Thzt all fees aad other monies, heretofore paid into the-*
clerks, &c. may hands of any clerk or {heriff, and not fully accounted for and paid to the perfon or perfons to whom the
be sued for, and fame were due and payable, his, her or their executors, adminiftrators, or affigns, and all! fees which were-
refusing to^give ^^^f^o^o'e due and unpaid, but (hall be paid hereafter as aforefaid, {hall and may be fued for in any court)
up dockets, &c. having cognizance thereof; and if any of the late or prefent clerks, or other perfon who may happen to be
fued in virtue of this a£l> be at the time of fuch fuit in the po{reffion of any records, dockets, minutes^
or other documents, which are fuggefted to contain proofs of the fees or other monies fued for, and fhalL
upon notice previouily given lefufe to produce the fame, or fhall refufe to make oath that fuch records,
dockets, minutes or other documents, contain a full and true account of all fees and other monies by him
received in virtue of his office, fuch defendant (hall be deemed guilty of a fraudulent concealment, and the
plaintiff fhall recover the whole fum for which his suit {hall be brought j any law, ufage, or cuftoni, to ]
the contrary, in any wife, notwithftanding. \
Thnetiotal- . XCVIII. And belt furtl^r enaSied by the authority aforefaid. That the time elapfed between the fixth day
lowed in pleas of March, one thoufand feven hundred and feventy-thres, and the nineteenth day of March, one thoufand
i-sTi*''"" ^^v^" hundred and feventy-four, and the time between the tenth day of September, one thoufand feven '
* ■ hundred and feventy-frve^ and the end of this prefent feffion of the general aflembly, {hall not be allowed
of in the county courts hereby eftabliffied in any plea of limitation, or in the computation of time allow*
ed for proving accounts, under the a£l afcertaining the method of proving book debts.
Coststogowith XCIX. And beitjurther enaBedby the authority aforefaid y That in all adtions whatfoever, the party in
w^o*^* * whofe favour judgment (hall be given, or vx cafe of a nonfuij, difmiffion, or difcontinuance, the defendant
' * fhall be entitled to full cofts, unlefs where it is or may be otherwife direfted by ftatute;
Attachments by ^* "^"^ ^^ '' enaSied by the authority aforefcud. That attachments iflued againil the eftates of abfconding
committees, debtors, or perfons fufpedled of intentions to depart this territory, by any of the late committees, or any
may be taken of the late Or prefent juftices of the peace, by virtue of any refolve or ordinance o£ congrefs, or any "'
fciy^'e «)u«°*^ refolve or aft of the general afTembly, {hall and may be taken cognizance of by the courts hereby j
eftablifhed, regard being had to their refpeftive junfditlion, and (hall be proceeded on in the fame manner i
as attachments which may be iiTtied in virtue of this adl: j any law, ufage or cullom to the contrary not-
withftanding.
P^onspredu- CI. Provided, That no perfon who hath taken, or (hall take part with the enemies of America, or
nefitsof law.^' ^^° hath or {hall refufe, when lawfully required thereto to take the oath of allegiance and abjuration
required by the laws of this ftate, or who hath or {hall remove from this ftate or any of the united ftates»
Seeaflsofcon- *° avoid giving their affi^ftance injepelling the invafions of the common enemy, or who hath or (hall re-
fiscation ; the fide, or be under the dominion of the enemies of Ameirica other than fuch as are detained prifoners of
weatywith i^nrar, nor any perfon claiming by afllgnment, reprefentation or otherwife, by or under any fuch perfon,
and 1787" l! ' ^^'^ have or receive any benefiit of this aft ; but all right of commencing or profecuting any fuit or suits,
aftion or aftions, real, perfonal or mixt, fhall be, and is hereby lafpeftded, and (hall remain fufpended>
until the legillature {hall make further provifion relative thereto.
CHAP. S. An aEi to regulate and a/certain the fees ofclerh in thefupericr and county courts, jitjiicts of the peace, 2,1777. 227
and attormesy in this Hate, and direSiing the method of paying the fame. K^i^-y^
That part of ihis aA relating to fees tojusticesof tbe peace rep. by art 2, 1784, 8; aftd theotuer objefls of the afl provicjed for by subseque. tails.
An aSl JireBing the method of eleBing memhers of the General Affembly, and other pur pofes, CHAP. 4.
WHEREAS there is not any law in force for dire£ting the mode to be obferved in elefting members 1. 1784. 2,
of the General Aflembly: . 2.1789.23.
II. And that the sheriffs, or other returning officers, ihall advertife the day and place of ele£tioa at the 17^9' 22.
^jtMiTt-houfe, and other public places within their refpedive counties, at leail twenty days before fuch Eie-Sion adver-
^ei9:ion. Tnefirji part of this section obsolete, *'* 'i-
. JH. Ohfolete.
IV. And he it further tnaSlei hy thi authority aforefaid. That the county courts refpeftively, at the fefllons J"e^°" "^
next preceding the day of ele£lion in every year, fhall appoint two infpeftors to fuperintend the eledlion ; ^ P^ *
.and if it fhall at any tinie happen that any county court fhall fail to make fuch appointment, or any perfon
fp appointed fhall refufe to ferve, the fherifF, with the advice of three juftices of the peace, or if none
Ihall be prefent, three reputable freeholders, fhall before the beginning of fuch election appoint infpeftors
for the purpofe aforefaid ; and every infpeftor who ftiall be appointed by either of the ways aforefaid, and
ferving purfuant to fuch appointment, fhall be Jaeld and deemed eligible at fuch eleftion.
V. And be it further enaBedhy the authority aforefaid. That the fheriifs, or the returning ofHcers, fhall on Manner of tsk-
the day, and at the place for holding each refpeftive elecSlion, be provided with fmall boxes, one for re- '"^ ^^® P°"'
ceiving the ballots for the fenator, and the other for receiving the ballots for members of the houfe of com-
mons, and where there is a town having a right of reprefentation, a third box receiving the ballots for
iiich town member : and the returning officer, or his deputy, fhall receive the tickets in prefence of the
infpeftors, (who are to be appointed as hereafter direfted) and put each ticket into its proper box ; and
all the boxes fhall be locked, or otherwife well lecured, until the eleftion fhall be finifhed j and the re-
turning officer fhall keep the eledJion open two days, and no longer ; and the returning officer fhall at funfet
of the fivft day, and in prefence of the infpedlors, put his feal on the place to be made for the reception of the
tickets, which fhall continue until the ele£lion fhall be renewed the fucceeding day, and fhall then be taken
off in prefence of the infpe£kors.
VI. And he it declared and enaBedhy the authority aforefaid^ That every perfon qualified to vote in man- Ele^ors giving
Jier dire£ted by the form of government, who fhall attend for that purpofe at any eledlion, fhall give to their votes, and
the returning officer, in prefence of the infpediors, a ticket or fcroll of paper, rolled up, in which fhall ^^ *the^me*^'"'
be written the name or names of the perfon or perfons for whom he intends to vote, which ticket fhall bers eleaed.
be put into its proper box, in manner before direfted ; and at the fame time the returning officer, and
each of the infpe<Stors, fhall take down, in feparate lifts, the name of every perfon voting, diftinguifhing
thofe who fhall vote for fenators in one lift, thofe for county members of the houfe of commons in a fe-
cond, and where there fhall be a town election, thofe who vote for a town member in a third; and when
Ae eleftion fhall be finifhed, the returning officer and the infpeftors fhall, in prefence of fuch of the
eleftors as may choofe to attend, open the boxes one after another, and number the ballots of one box
before they fhall open another, at the fame time reading aloud the names of the perfons who fhall ap-
pear in each ticket ; and if there fhall be two tickets rolled up together, or if saiy ticket fhall contain the
names of more peifons than fuch ele£tor has a right to vote for, in either of thefe cafes, fuch ticket
ihall not be numbered in taking the ballots, but fhall be adj udged void : and when each cl^fs of tickets
ihall be numbered, the perfons having the greateft number of ballots fhall be declared duly elefted ; \-j;^
where two perfons fhall have an equal number of votes, the returning officer fhall have the caftin^ Vote
but fhall not vote in any other cafe whatfoever.
VII. Private.
VIII. And he it further enaBedhy the authority aforefaid. That every perfon, before he fhall be admitted ei fl
to give his vote at any eleiElion, Qiall, if required, fwear (or affirm if a Quaker) that he is qualified to the * *"' ^'^'^'^
conftitution, and that he hath not voted before at fuch eleftion.
IX. Andhe it enaBed hy the authority aforefaid. That eVery eleftion hereafter to be made by virtue of any Writs of cleat
writ from either houfe of the general affembly, fhall be conduced and regulated in the fame manner as <">•
annual eleftions, fo far as the particular cafe can be applied to the general rules.
ft ?' i"i i "■ '""^^ "!^^"^X ^\ ''f ^""''^ "forefaid. That every eleaion hereafter to be made in this Eleflions whea
Itate, Ihali begm at tweive of the clock at noon, on the day apf omted for fuch election. to begiu.
228 2,1777.
Pen. on persons
voting who are
not qualified.
Vol. 2, 153.
Pen, on candi-
dates giving re-
wards, &c.
Delegates, &c.
not to sit inAs-
sembl/:
No sheriff,coro-
ner to take the
poll.
Vci. 2. U2.
XI. And he it further enaBed ly the authority aforefaidy That if any perfon (hall hereafter vote at any
eledion, who by law (hall not be entitled to vote at fuch eleftion, he fhall forfeit and pay the fum of
five pounds lawful money of this ftate •, to be recover-ed with colls, by action of debt in any court of re-
cord having cognizance thereof, one half to the juftlces of the county wherein fuch eleftion fliall be
had, to be applied towards leflening the county tax, and the other half to him or them who (liall fue for
the fame ; and where any fuit fhall be brought againft any perfon for voting as aforefaid, without hav-
ing a right to fuch vote, the Onus Prohandi (hall lie upon the defendant.
XII. And be it enaSied by the authority aforefaid. That if any perfon (hall at any time before or after any
eleftion, either direflly or indireftly, give any money, gift, gratuity, or reward, to any eleftor or elec-
tors, or to any county or town, in order to be ele£led, or to procure any other perfon to be elected as a
member of the general aflembly, every perfon fo offending fhall forfeit and pay five hundred pounds, law-
ful money of this ftate ; to be recovered by a£tion of debt, in any court of record having cognizance there-
of, with cofts, and fhall be incapacitated to ferve as a member during the continuance of that general
aflembly, for which fuch eleftion fhall be made as aforefaid.
XIII. And be it further declared and enaSled by the authority aforefaid^ That the delegates from this ftate
in the congrefs of the United States, and officers of the courts of admiralty and courts of equity, fhall be,
and are hereby declared to be incapable of being elected as members to ferve in the general aflembly, or
to enjoy feats therein ; and any menaber of the general afl"embly who Ihall accept any fuch office, (hall
thereby vacate his feat therein. ^
XIV. Repealed, Vol. 2, 177.
XV. And be it further ena&ed by the authority aforefaid, That if at any time it fhall happen that there
ftiall be no fheriiFin any county qualified according to law, the coroner or coroners in fuch county is, and
are hereby empowered to hold the eleflion for fuch county ; and fuch fheriff or coroner, within ten days;
after every ele £l:ion, fhall, at the requeft of any perfon el&£ted to ferve in the general aflembly, or othey
perfon in his behalf, caufe fair copies of the lifts of votes, and the number of ticket ballots for each can««
didate, to be made out and delivered to the perfon requefting the fame, or to his order, which lifts and
numbers ftiall be figned by the returning officer ; and if any officer fliall refufe fo to do, or to make elec.»'
tions in any other manner than by this a£t is dire(2:ed, or (hall neglect or refufe to make returns of the
elections by him to be made or taken, the officer fo offending fhall forfeit and pay five hundred pounds,
lawful money of this ftate ; to be recovered by aftion of debt, in any court of record having cognizance
thereof, with cofts, one half to the governor for the time being, for the ufe of the ftate, and the otliCT
half to fuch perfon as fhall fue for the fame.
XVI. Repealed, Vol. 2, 78,
CHAP. 5.
Prividedforby
CHAP. 6.
I, 1777, 6.
1780, 13.
Persons owing
allegiance.
When deemed
high- treason.
Trial,
An aB for dtre8ing the method i>J appointiftg jurors in all caujes, civil and c: iimnaU
subsequent afls.
An aB to amend an aB far declaring what crimes and practices againji the Jlate fhall be treafon, and 'what ffjall
be mijprifion of treafon, and providing puni/hments adequate to crimes of both clajfes, and for preventing the danm
gers •which may urife from perj$nt difaffe^ed to the fate.
BE it enabled by the General Affembly of the fate of Northr-Carolina and it is hereby ena^ed by the authority
of the fame. That all and every perfon and perfons (piifoners of war excepted) now inhabiting or re-
fiding within the limits of the ftate of Nofth-Carplina, or who fhail voluntarily come into the fame here-^
after to inhabit or refide, do owe and (hall pay allegiance to the ftate of North-CaroMna.
II, And be it further enaEtedhy the authgrity aforefaid, That if any perfon or perfons belonging to or refiding
within this ftate, and under tl>e protection of its laws fhall take a com.Tiifricn or commilTions from the
king of Great-Britain, or any under his authority, or other the enemies of tliis ftate, or the United States of
America, or (hall levy war againft this (late, or the government thereof, or knowingly and wilfully fhall
aid or affift any enemies at open war againft this ftate, or the United States of America, by joining their .^
armies, or by mlifting, or procuring or perfuading others to inlift for. that purpofe, or by furnifhing fuch
enemies with arms, ammunition, prpvifion, or any other article for their aid or comfort, or fhall form, or
be in any wife concerned in forming, any combination, plot or confpiracy, for betraying this ftate, or th^
United States of America, into the hands or power of any foreign enemy, or (hall give any intelligence?
to the enemies of this ftate for that purpofe, every perfon foofl^ending, and being thereof legally conviifl-
ed by the evidence of two fufficient witaefles, or ftanding mute, or peremptorily challenging mwe than;
thirty five jurors, in any court of oyer and terminer, or other court that (hall and may be eftaWifhed for 2,1 7?7. 22* j
the trial of fuch offences, (hall be adjudged guilty of high treafon, and (hall fufFer death without the benefit «-*-v-0 ^
iof clergy and his or her eftate Ihall be forfeited to the ftate. Provided, That the judge or judges of the Pumshraent. •
i court wherein fuch convi£lion may be, fliall and may order and appropriate fo much of the traitor's eftate ^
ijas to him or them may appear fufficient for the fupport of his or her family. i
! III. And be it further enacted by the authority afore faid^ That if any perfon or perfons within this ftate (hall What misprisi-
'attempt to convey intelligence to the enemies of this ftate, or of the United ftates, or fhall publicly and on of treason. \
deliberately fpeak or write againft the public defence, or fhall malicioufly and advifedly endeavour to excite \
the people t6 refift the government of this ftate, or perfuade them to return to a dependence on the crown 'j
of Great-Britain, or (hall knowingly fpread falfe and difpiriting news, or malicioufly and advifedly terrify '
and difcourage the people from enlifting into the fervice of this ftate, or the United States, or ftiall ftir up \
or excite tumults, diforders, or infurredions in the ftate, or difpofe the people to favour the enemy, or op- :
pofe, or endeavour to prevent the meafures carrying on in fupport of the freedom and independence of the .j
faid United States, every fuch perfon or perfons, being thereof legally convi£led by the evidence of two Trial. \
or more creditable witneffes, or other fufficient teftimony, (hall be adjudged guilty of mifprifion of treafon, i
and {hall fuffer imprifonment during the war, and forfeit to the ftate one half of his, her or their lands, Punishment. ^
tenements, goods and chattels,
IV. And be it further enaBed by the authority aforefaid. That all offences by this aft declared mifprifion ^j^*" cogniz. j
of treafon, fhall be cognizable before any juftice of the peace of the county where the offence was com- * *' i
mitted, or where the offender can be found ; and every juftice of the peace within this ftate, on complaint \
to him made on tfee oath or affirmation of one or more creditable perfon or perfons, fiiall caufe fuch offender p ^ ,. '
to come before him, and ente,r into a recognizance, with one or more fufficient furety or fureties, to be complaint.^ °"
and appear at the next fuperior court of the diftrift wherein the offence was committed, and abide the
judgment of the faid court, and in the mean time to be of the peace and good behaviour to all people
within the ftate ; and for want of fuch furety or fureties, the faid juftice fnall and may commit fuch of-
fender either to the gaol of the county or diftrift where the offence was committed, and appoint a guard
for the fafe conveying him to fuch gaol ; and all perfons charged on oath or affirmation with any crime or
crimes by this sft declared to be treafon againft the ftate, fhall be dealt with, and proceeded againft, in
like manner as the law direfts in refpeft of other capital crimes.
V. And whereas the fafety of the ftate, and the prefent critical fituation of affairs, make it neceffary Persons to take
that all perfons who owe or acknowledge allegiance or obedience to the King of Great-Britain (hould be
removed out of the ftate ; Be it enaBed by the authority aforefaid. That all the late officers of the King of theoath-ofallc-
Great-Britain, and all perfons (Quakers excepted) being fubjefts of this ftate, and now living therein, or S'^"*^'
who fhall hereafter come to live therein, who have traded immediately to Great-Britain or Ireland within
ten years laft paft, in their own right, or a<Jled as faftors, ftorekeepers, or agents, here or in any of the
United States of America or Ireland, fhall take the following oath of abjuration or allegiance, or depart out
of the ftate, vi?.
«« T WILL bear faithful and true allegiance to the ftate of North-Carolina; and will truly endeavour to
I <« fupport, maintain, and defend the independent government thereof, againft George the third, king
«« of Great-Britain, and his fucceffors, and the attempts of any other perfon, prince, power, ftate or po-
«' tentate, who by fecret arts, treafons, confpiracies or by open force, (hall attempt to fubvert the fame, and
♦< will in every refpeft condu£t myfelf as a peaceful orderly fubjeft; and that I will difclofe and make known
*« to the governor, fome member of the council of ftate, or fome juftice of the fuperior courts or of the peace
« all treafons, confpiracies, and attempts, committed ot intended againft the ftate, which fhall come
«« to my knowledge.
And that all perfons being Quakers, Moravians, Menonifts, and Dunkards*. and under the circumftances
above mentioned, (hall make the following affirmation, or depart the ftate !^
I
A. B. do folemnly and fincerely declare and affirm, that I will bear true fidelity to the independent Qpakcrs j^fir*
« ftate of North-Carolina, and to the powers, and authorities which are or may be eftablifhed for the '"*"°''*
« good government thereof ; and I do renounce any fidelity to the prefent king of Great-Britain, his heirs
«« and fucceffors •, and that I will difclofe and make known to the governor, fome member of the council
«< of ftate, judge of the fuperior court, or juftice of the peace, all treafons, confpiracies, or attempts, com-
»« mitted or intended againft the fame, which ihall come to my knowledge," .
Vol. J, ? 3N
2302,1777. And the CM Oath or affirmation (hall b« taken and fubfcribed in open court, in the county where the
peifon or perfons taking the fame fhdl or do ufual'y refide.
VI. And he it further enaEfed hy the authority afore/aid. That the county courts in each and every county^ ,
and every juftice of the peace in each refpediive county, ifhall have full power to iflue citations againft per-
fons coming within the above defcription, as ofHcers, merchantSy traders, factors, ftorekeepers, or agents,,^.,
and to demand furety on recognizance if neceffiry, and to require their attendance at the next enfuiHg";
court to be held for the county .• and if any perfon fo cited (due proof being made thereof) fhall fail of iv
negle£t to attend, or attending fhall refufeto take the faid oath or affirmation, (as the cafe maybe) the^
the faid court fiiall and may have full power and authority to order fuch perfon to depart out of this ftat^
to Europe or the Weft-Indies, within fixty days, and may take bond and fecurity, in the name of the go-1
vernor, for the benefit of the ftate, for faithful compliance with fuch order ; and if any perfon fo ordereil
fliall fail or negled to depart within the limited time, fuch bond fhall be forfeited to the ftate, without goodj
and fufficient reafons fhewn to, and approved of by the governor and council ; and the juftices, or any oF;
them, in the county wherein the perfon fo failing or negleiHiiag to depart ihall be found, fliall and may^"
caufe him to be apprehended and brought before the court of the county where the order was made ; an<^
the faid court fhall in fuch cafe fend the perfon fo offending as fpeedily as may be oaXoi the ftate, either tol
Europe or the Weft- Indies, at the coft and charges of fuch offender, and to this end fhall and may diredi ,
the clerk of the court to ifTue an order or orders to any fherifF in the ftate to feize and fell fo much of the "
goods and chattels, lands and tenements, of fuch perfon within his bailiwick, as may be judged neceflaryJ
by faid court to defray fuch cofts and charges, together with the cofts and cliarges of apprehending andJ
confining fuch perfon until he fliall be fent out of the ftate; and the fherifF to whom fuch order of court flialU
be directed, is hereby required to obey the fame, and to execute proper conveyances; and to return the mo-^
ney arifing by any fale made by virtue of fuch order, after deducting his fees and commilTions asm other cafesJ
to the next county court of the county from whence fuch order iffiied, under the penalty of five hundreds
pounds, current money ; to be recovered by a£lion of debt, in any court having cognizance thereof, one ;.!•
half for the ufe of the ftate, the other half to the perfon that fliall fue for the fame ; and if any furplus fnal^^
remain after paying all cofts and charges for apprehending, confining, and fending fuch perfon out of the-
ftate, then the county court fliill caufe fuch furplus to be paid the owner. Provided nevertheUfsy That all
and every fuch perfon and perfons fliall have liberty to fell and difpole of his or their eftates, and after
fatisfying all juft demands, to export the amount in produce (provifions and naval-ftores excepted) and,
may alfo nominate and appoint an attorney or attornies to fell and difpofe of his or their eftates, for his-j
or their ufe and benefit ; but in cafe any real eftate belonging to any fuch perfon fhall remain unfold forj
more than three months next after the owner thereof bath departed this ftate, the fame fhall be forfeitedJ
to and for the ufe of the public. ]
Pen. on persons VII. And he it further ena^ed. That if any perfon fo departing, or fent ofF from this ftate, fhall return to
Kturning. tjjg i^me, then fuch perfons fliall be adjudged guilty of treafon againft the ftate, and fhdll and may be pro-
ceeded againft in like manner as is herein dire<Sed in cafes of treafon.
, VIII. And whereas among other things it was ena£ted in an a£l, entitled ** An a£l for declaring whal
crimes and practices againft the ftate fhall be treafon, and what fhall be mifprifion of treafon, and providing^
punifliments adequate to crimes of both clafTes, and for preventing the dangers which may arife from per-J
fons difafFedted to the ftate," that each and every juftice in each refpe£tlve county may cite any perfon or
perfons to appear before the county court where fuch perfon or perfons ufual.y refide, and take the afore-
faid oath or affirmation ; and in cafe of non-attendance or refufal, the faid court fhall and may have full
power to compel fuch perfon or perfons to leave the ftatej under the fame regulations herein mentioned
in other cafes. And as fome fcruples have arifen with refpe£l to the manner by law required for the fer-
vice of fucli citations, and as bv many it has been held that a fervice upon the perfon of him intended to
be cited was necefTary, before hl^ attendance in court could be legally compelled, as many fufpe(fled perfonjglii
by continual abfence from their place of abode, or frequently removing from thence, have rendered th<
fervice of fuch perfoiral citations difficuk, and in fonfie c^fes impra£licable, whereby they evade the inten-
tions of the faid att, ^nd cannot be obliged to take the faid oath prefqribed, nor be made fubjeft to the pe-
nalties ordained for neglecting or reiufing the fame : and where-*s there is great reafon to believe that there
are divers perfons whofe intentions are inimica' to the ft»te, who would in cafe of invafion by our enemies,
or the cxpeiftstion of immediate fupport of them, carry fuch intentions into pra£tice, but who artfully in
their open demeanor and deporttnent betray no fuch defign, whereby from not incurring particular fufpici-
bn» Aey haveefcaped being .cited ; and as it becomes the duty of every menber of foelety to give proper 2,1777.231
alfurance of fidelity to the government from which he enjoys prote(fiion, and by their refufal fo to do, the K.^^y^
voice of reafon and juftice, cqflfirmed by the praftice of all nations, proclaim that they {hould no longer
enjoy the privileges of freemen of the faid ftate i and as the penalties oidained by the faid a<^ have been
ia a great raeafure evaded by the difficulty or impoffibiiity of procuring veflels to tranfport all fuch recufants
beyond fea, or from their being unable to pay the expence of the voyage, by which means fuch perfons (till
remain within this ftate, without fullering the penalties they have juftly deferved ; Be it further ena8ed by County divi('ed
the authority ajorefjid^ That the county court of each refpedive county which (hall fit after the laft day of into dis.rifls,
February, (hall divide the county into feveral diftriits, in each of which Ihall refide one or more juftices of ^"^^ ^^'^ '°^'
the peace, which faid juftices within their refpe£iive dittri(flsare hereby enjoined and required to adminif- * ""'"'^
ter fuch oath of allegiance or affirmation, as the cafe may be, to all free male perfons above fixteen years
of age (perfons non compos menfis, prifoners of war, only excepted) and fuch juftice or juftices in their reC
peclive diftridls fo allotted to him or them, (hall immediately after the fitting of the faid court, in dif-
ferent parts of the faid county, one of which fiiall be thecourt-houfe of the fame, and alfo upon the church,
if any there be, poft and publifti a notice in writing of the places and times when and where he or they
will attend within their refpe£tive diftrids to admiiiiiler fuch oath or affirmation ; and all fuch perfons
who are inhabitants of the faid diftrifts refpeftively (and it is declared that a refidence of one week (hall
in this inftance conftitute any perfon an inhabitant, feafaring perfons and foreign traders excepted) being
above the age of fixteen years, and of found mind, (hall at fuch time attend upon fuch juftice of the peace,
and take the oatli or affirmation required, as the cafe may be, and fubfcribe the fame in a book which
fuch juftice or juftices Ihall keep for that purpofe, or in cafe of fuch juror or affirmant not beiing able to
write, the juftice fhall write fuch juror or affirmant's name, which book or lift fhall at the next fucceed'^
Uig court be returned to the faid court, together with the names of thofe within his or their refpecSlive
diftri£t refufing or negleding the fame ; and if any perfon (fuch only as are by this a£l except-
ed) fhall fail to attend, or attending at fuch time and place as he ftiall have been warned by fuch pubUc
notice, fliall refufe to take the oath, or make fuch affirmation, as the cafe may be, except excufed by gain"^pe"^ons
ficknefs or unavoidable neceffity, or other fufficient reafon, to be adjudged of by the next county court, hableto take
the party offering fuch excufe proffering at the fame time tp take fuch oath or affirmation, as the cafe may the cath, who
be, which in this cafe fuch county court are direded to adminifter, fuch perfon or perfons fo offering, "^^f^^ °' '^^"
{hall be ordered by the faid county court next after fuch failure or neglect, to take the faid oath, or quit
the ftate, and depart to the Weft-Indies or Europe in fixty days ; and if he or they ftiall fail fo to do, and
Ihall at the expiration of fuch term be found within this ftate, then the county court fhall and may, at their
difcretion, either exercife the fame power and authority with refpe£l to fuch perfon or perfons, in order
to compel his or their departure out of this ftate, as is herein before provided, with regard to the late of-
ficers of the King of Great-Britain, and perfons who have traded to Great-Britain or Ireland within ten
years lalt paft, or been concerned for, or employed by perfons trading thereto, within the time aforefaid,
or permit him ttr remain within the ftate.
IX. And be itjurther enaBedhy the authority ejorefaid^ That all perfons failing or refufing to take the oath Disabilities of
of allegiance, and permitted by the county courts, as immediately aforefaid, to remain in the ftate, (hall ["o'yeroai^n. ^^^
be adjudged incapable and difabled in law to have, occupy or enjoy, any office, appointment, licence, or
election of truft or profit, civil or military, within this (late, and ftiall not be capable of being ele£ted to,
or aiding by their votes to ele£t another to be a member of affembly, and (hall not by themlelves, or by
deputy, attorney or truftee, execute any fuch office, truft or appointment, and ffiall be difabled to profe-
<^ cute any fuit at law or equity, or to be guardians, executors or adminiftrators, or capable of any legacy,
or deed of gift of lands, and fhall be diiabled from taking any lands by defcent or purchafe, or conveying
lands to others for any term longer than for one year, and ffiall not keep guns or other arms within his
or their houfe, but the fame may be feized by a written order of a juftice of the county in which he or they
refide ; and after the expiration of the faid fixty days, he or they ffiall not be permitted to depart this ftate
without permiffion firft had and obtained from the governor and council \ and in cafe of being fuffered to
depart, fhall give bond and fufficient fecurity, if fuch ffiall be required, not to be aiding to the enemieSi
of this.ftate during his or their ab fence ; and in cafe of their departure without fuch permiffion had, he or
they ffiall forfeit all their goods and chattels, lands and tenements, to the ufe of the ftate. Provided ne- Proviso,
verthelcfs, That all and every perfon who has alrea«iy taken the oath, or made the affirmation prefcribed,
before any authority competent by law to receive the fame, upon his pioducin^ a certificate of the lam« to
232 2,1777. the juftice or juftices appointed to adminifter the faid oath or affirmation in their refpe£live diftrifl: where
he refides, fhall be held and deemed a good fubject of the ftate, and ftall enjoy the privileges thereof, as
if he had made fuch oath or affirmation in manner as by this law direflecfe."
X. ^tid be it further inaBed by the authority aforefaidy That if any perfon who has been baniffied this
ftate for not having taken the oath of alle|;iance, or made the affirmation agreeable to the aforefaid aft,
paired the lad feffion of aflembly, fhall return hither, or who may be banifhed in confequence of this aft,
then fuch perfons (hall be held and deemed guilty of treafon againft the ftate, and fliall and may be dealt
with in like manner as is herein direfted in cafes of treafon.
XI. And be it further cnaBed by the authority ajorefaid^ That a'l and every other aft and afts, and every
claufe and article thereof, heretofore made, within the purview of this aft, is and are hereby repealed and
made void, to all intents and puTpofes.
XII. Haiitseffea,
Pen. for return-
ing.
Repealing
clause.
CHAP, 7.
1779, 5.
1781, 15.
1783, 16.
1785, 17, 18.
An aBfor making proviftonfor the poor ^ and for ether purpofes.
!• T3 E '' enaBed by the General Affem ly oj the fiat e of North-Carolina, audit is hereby ettaBed by the authc-
X) '"'0' of the fame, That the freemen in each and every county in the ftate fhall meet on Eafter Mon»
day next after the paffing of this aft, at the court-houfe, or place where the county court is commonly-
held, and on the fame day, and at the fame place, in every three years thereafter, then and there to eleft
feven freeholders to feive as overfeers of the poor ; and the fherifF, or his deputy, is hereby direfted to
poor to be elec- ^^* "P ^" advertiiement at the place of eleftion in each county, appointing a day for the meeting of the
ted in each overfeers fo elefted, which day (hall not be lefs than ten, and not more than thirty days after the elefti-
county. on ; and the faid (heriff, or his deputy, (hall alfo fummon each and every overfeer to meet on the day fo
120. ^' ^^' *^' ^PP°^"*^<* ^t t^e court-houfe, or ufual place of holding court in each refpeftive county, to be qualiiied
according to the direftions of this aft ; and if the fherifF (hall fail to appoint and advertife a day of meet-
ing as aforefaid, or (hall fail to fummon each and every overfeer in his county to attend on fuch day, fuch
flieri(F(hall forfeit and pay the fum often pounds for the default (irft mentioned, and the fum of five pounds
for every overfeer not fummoned as aforefaid, to be levied and applied as herein after direfted ; and the
fherifF (hall be paid by the county the fum of two (hillings and eight pence for every overfeer he ftiaU
fummon.
II. yind be it enaBed by the authority aforefaid. That the (herifFin each refpeftive county (hall advertife
at the court-houfe, and other public places, the day of holding the eleftion of overfeers of the poor, at leaft
ten days before fuch eleftion, under the penalty of ten pounds for negleft ; and the eleftions of fuch over-
feers (hall be held and condufted in the fame rnanngr, and under the fameregulatjon^, as eleftions of mem-
bers of the houfe of commons.
Ill- And be it further enaBed by the authority aforesaid. That the overfeers of the poor fo elc fted, (liall at
take the oaths, the firft meeting next after fuch eleftion, take before fome magiftrate the oath by law appointed to be ta-
ken by public officers, and (hall repeat and fubfcribe thp following oath jn a book to be by them kept fof
that purpofe, to -uit, '
« T A. B. do fwear,that I will honeftly and faithfully difcharge my office as overfeer of the poor, to the
X " beft of my (kill and ability, according to law."
And every overfeer fo elefted and qualified, (hall be deerned and taken to be an ove: feer of the poor isi
the county for which he was elefted for three years.
IV. And be it further enaBed by the authority aforefaid. That every perfon eleftet^ an overfeer of the poor
according to this aft, who (hall refufe or negleft to qualify as aforefaid, fliall forfeit and pay five pounds,
to be recovered by the wardens before any magiftrate, and applied to the ufe of the poor ; and the other
perfons chofen and qualified as aforefaid, (hall elejftone or more freeholder or freeholders, infteadofhim
or them fo refufing or neglefting ; and fuch perfon or perfons fo chofen fhall, after being qualified in man-;
ner aforefaid, be held to be a legal overfeer of the poor to all intents jind purpofes.
Wardens pen. V. And be it further enaBed by the authority aforefaid, That the overfeers in each refpeftive county, era
for refufing ts majority of them, (hall at their firft meeting eleft two of their members to execute the office of county
seive. wardens for one year ; and if the perfons fo elefted fliall refufe to execute the the office of county war-
dens, he or they fhall forfeit and pay the fum of twenty pounds, to be recovered and applied as herein
^ter direfted ; and in fuch cafe, and alfo in cafe of the death of any county warden, or expiration of the
{erm of appointment, or removal out of the countv, th^ faid overfeers may proceed to eleft another wajj
S»ieriff to ad
veitise.
Overseers to
Pen. for ne^
gleiiing, &c
den, in the fame manner as in the firft inftance. Pfovided, That noperfon fliall he obliged to ferve as 2,1777, 235
county warden more than one year in three fuceeeding years. Provided aUo, That no member of the (-<»-r««J 'I
council of ftate, or member of the General Aflemb;y, (hall be compelled to ferve in the office of county
warden, any thing herein contained to the contrary notwithftanding.
VI. And be it further enaBed by the authority aforefaid^ That the county wajrdens of every county ftiall Books kept,
purchafe, at the expence of the fame, well bound books, for keeping a journal and minute of the pro- \
ceedings of the overfeers of the poor, in which (hall be fairly dated accounts of all fuch money as they i
from time to time fhall receive in virtue of their office, and all difburfements made by them on account of !
the county ; and the county wardens in every county fhall, upon the expiration of their wardenfliip, or- \
der and direci: theclerk of the overfeers of the poor in their county to make a fair copy of fuch accounts, -
and fet up the fame in the court-houfe of the county on fome day of the court next after the expiration
of their wardenfhip, there to continue for infpeftion during the fitting of the court ; and the county '■■
vardens and clerks who fhall fail or negledl fo to do, fhall forfeit the fum of ten pounds, to be recover-
ed by a£lion of debt or information, in any inferior court of pleas and quarter feffions, by any perfon fu- j
ing for the fame. ;
Vil. And be it further enaBed by the authority afore/aid, Utat the county wardens, or either of them, or Meeting of the
if they fhall- refufe or neglect, any three of the overfeers of the poor in each county, fhall have power to pveiseets, ^
call a meeting or court of overfeers when neceffary, by fummons under his or their hand or hands, direft-
ed to the fheriff or conftables of the county, who are hereby direfted to execute the fame, under the pe-
nalty of forty fhiliings 'for every overfeer in fuch fummons named whom he or they fhall fail to fummon j "
and every overfeer fo fummoned, and refufing or neglefting to attend, fhall forfeit and pay the fum of 1
forty fliillings, unlefs fuch fheriff, conftables or .overfeer, fhall fhew f^fficient caufe for the oi'iiiffion to the ■
next fuceeeding meeting or court of overfeers, which penalties fhall be recovered and applied as herein ~ i
after dire£led -]
VIII. And be it further enaBed hy the authority aforefaid^ That every agreement and order by the vefiry Former orders \
of any-parilh heretofore entered into or made, for making provifion for a minifter to ferve the cure of the "'"'""'ed, j
parifh, for fupporting the poor, or defraying the contingent charges thereof, fhall be, and is hereby de- ]
clared good and available againft the overfeers of the poor in the county wherein fuch parifh fhall be. \
Provided, That no minifter fhall be authorifed by any thing herein contained, to claim falary for fervi- ■:
ces performed fince the eighteenth day of December, one thoufand feven hundred and feventy fix. ',
IX. And be it enaBed by the authority aforefaid. That when any overfeer of the poor fhall die or remove Number of o, '
cut of the county for which he was elefted, the remaining overfeers of the poor, or a majority of them, verseers kept \
fliall elea another in his ftead j and the perfon fo eleded, being duly qualified, fhall have the fame au- "P*
thority as other overfeers of the poor, n J
X. Andbeit further enaBed, Thztihemee^'mg or court oiavetieersin every county in this flate fhall Overssers *
hereafter be held -at the court-houfe, or ufual place of holding the court of the county ; and that the faid "^^^^^ *° "^ee« J
overfeers, or a majority of them, in each county, at their firfl meeting refpeaively, fhall appoint fome ^"Y^PO'-^ta ^
perfon of ikill and probity to officiate as clerk, but fuch perfon fhall not be one of their own body. '^ " * J
>:l. And for payment of any arrears now due in any parifh in this flate to miniflers or others, for fer- Arrears to be
vices heretofore performed \ Beit enaBed by the autho ity aforefaidy That the faid overfeers, or a majority P*'*^* _ i
of them, in each county refpeftively, f}iall and may at their firft meeting, or within thirty days after, lay
a tax, not exceeding one fhilling for every hundred pounds value of all taxable property, agreeable to the
a€t for levying a tax by general afTeffment, within fuch a parifh. and a poll tax, not exceeding one (hil-
ling, on all perfons within fuch parifli not having eflates of the value of one hundred pounds, for the pur- !
pofe of paying the arrears aforefaid ; and if the faid overfeers of the poor in any county, (hall refufe or
neglea to lay a fufficient tax as . aforefaid, for the purpofes above mentioned, fuch overfeers fo negleft- ''\
ing or refufing fhall be liable to the aftion of the party or parties aggrieved, his, her or their executors
or adminiftrators, for all damages which he, fhe or they, fhall or may fuftain thereby. ;
XII. And be it enaBed by the authority aforefaid. That the clerk of each county court (hall furnifh the Clerks t« .j
wardens of his county with a true copy of all the inventories of taxable property returned to the court f"f"'fhthc ,
whereof he is clerk within five months after the paffing of this aft, and the clerk of each and every county jTsts''^"* ^''^
.court to which fuch inventories have not been heretofore returned, fhall furnifh the wardens of hi» county * ";
with a true copy of fuch ipventoriQS within ninety days after the court to which, fuch inventories at i
Vol. I. 3 0 . !
ColIeSors ap^
pointed.
Methsd of re-
covery.
234 2, 1 777. ally time hereafter fhall be returned, under the petialty of twenty pounds for regleft ; and each and
Crf^v^O every clerk (hall be allowed the fum of forty (hiliings for that fervice, to be paid by the county wardcjns
out of the money arifing by that tax.
Wardens to caIi XIII. And whereas in fome late pariflies. taxes have been laid for the Contingent chai'ges of the fame,
sheriffs, &c. to anj the (heriffs or colleftors who hive received the faid taxes have not accounted, and in ofher pariflies
the faid tixes have not been collected ; Be it enacied by the authority afor.faid^ That the county wardens
in their refpeftive counties (hall have the lame power and authorities, and may proceed in the fame man-
ner againft fuch (heriffs or coliettors, as the churcliwardens might heretofore have had or done ; and the
overfeers of the poor, or a majority of tliem, in their refpedtive counties, (hall and may appoint a collec-
tor or colleitors to cqllC'St and receive fuch taxes as remain due and uncoUe£led, taking bond for faith-
ful compliance ; andfuch coUe£tors {hall have the fame powers, authoritie sand emoluments, asother tax.
gatherers in this ftate ; and the money arifing from fuch coUeftions ftiali be paid by the faid (heriffs or
colledtors to the county wardens, and applied to the difcharge of arrears due from the pariflies wherein the
fame was coUedled.
XIV". [^Provided for by fubfequent aSis.."]
XV. And for the coIie£ling of all taxes intended to be laid by way of afleflmertt ort pfoperty under
this a6l, Be it further enaSfed by the authority afarefaidy That the overfeers of the poor in each county (hall
and may appoint colie£lors to receive the fame, and may take bonds, with fufficient fecurities, of fuch
colle£lor3, to the wardens of the county, for duly colle6ling fuch taxes, and paying the fame to the over-
feers of the poor for the purpofes intended J and upon the death, refufal to aft, or removal out of the
county, of fuch collectors, or any of them, may appoint another or other colle£tors, in like manner as
at firft ; and colleditors fo appointed {hall have the fame powers, authorities, and emoluments, as the coi-
leftors of the public tax. ,
X vT And be it enaSiedby the authority aforefaidy That If any collector of taxes impofed by virtue of this
aft, {hall negleft or refufe to account for and pay the fame, or fo much thereot as he fhall be chargea-
ble with, after dedufting his commiirions, it {hall and may be lawful for the inferior court of the county
wherein fuch colleftor fliall live, either before or at any time after the expiration of his faid oflice, on
motion of the county wardens, to give judgment againll fuch coUeftor for all the money wherewith he
(hall or may be chargeable to his county, with colls, and thereupon to award execution againft the goods
and chattels, lands and tenements, of fuch colleftor. Provide i. That he have ten days previous notice
of fuch motion.
XVII. And be it further enaSled by the authority aforesaid^ That the parilh taxes herein before mentioned,
and the tax direfted to be laid for the payment of arrears due in any patifh to minilters or others, for
fervices heretofore performed, {hall be collefted and accounted for by the {berilFs or colleftors on or be-
fore the firft day of next September ; and that the tax direfted to be laid at the firft meeting of the over-
feers of the poor in each county, or within ten days after, for making provifion for the poor in future,
and for payment of expences incident thereto, fhall be collefted and accounted for on or before the firft
day of March, one thoufand feven hundred and feventy-eight, and fo annually on or before the fame day.
XVIII. And be it further enaSIed, That the overfeers of the poor, or a majority of them, in their,
refpeftive counties, fhall have the fame powers and authorities as veftries heretofore had in their pari{hes
in every refpeft, the power of indufting miniflers, and of laying or applying any future tax for religious
parpofes, only excepted.
XIX. y]nd be it further enabled by the authority aforefaid. That the feveral forfeitures and penalties by this
aft inflifted, for which no method of recovery or application is herein before direfted, fhall and m^y be
recovered with cofts, before any jurifdiftion having cognizance thereof; one half to the ufeof the infor-
mer, the other half to the county warden, for the ufe of the poor of the county wherein fuch penakiea fhall'
be incurred.
XX. vlnd be it enaBed by the authcrity afwefaid. That the'fheriff in €aeh cduntjr fliall advertife the e-
.*e day leftion of overfeers of the poor at leaft ten days before fuch eleftion,.at the court-houfe, and other public
"" places j and every flier iff failing fo to do, fhall forfeit and pay twenty pounds ,- to be recovered with cofts,
in any court having cognizance thereof, by aftion of debt, one half to the county wardens, for the ufe of
the poor of the county, the other half to the perfoa or perfons who fhall fue for the fame.
XXI. Andbt it tnaSied hy the authority af onjaid^ That if it fhall happen from badnefs of weather, or any
other unavoidable hindrance, that an elcftion of overfeers of the poor in any county (hall not be held on
Taxes when ac-
counied for.
Overseers pow
era.
Penalties how
recovered.
Sheriff's to ad-
vert ise
ofeleiikm.
tVe day by' this a£l Appointed for that purpofe, that in fuchcafe the fherlfF ftiall appoint a time, not lefs 2,1777.235
than ten, nor exceeding twenty days thereafter, for electing overfeers of the poor in fuch county, and fhall '.^^-v-o
fummon the inhabitants having a right to vote for members of the houfe of commons to attend, and ek£l ifi>ad weather,
in manner herein before direfied ; and every fuch eledion ihall be as good and valid, as if the fame had ^ppo^^/j""'
been made_ on the day by this adl directed.
XXII. And for determining alldifputes concerning what fhall be accounted a legal fettlement, where- l-egal settle-
by any pferfon may be entitled to be provided for at the parifh charge ^ It is hereby enabled and declared^ "**"'•
That no perfon fhall be accounted an inhabitant, fo as to have gained a legal fettlement in any parifh, un-
til fuch perfon fhall have been a£lually relident in fuch county one whole year.
_ XXIlI. And be it further enacfed by the authority afore/aid^ That upon complaint made by the county Proceedings
V^ardens of any county, before a iuftlce of the peace, that any poor perfon or perfons are come into their where poor per-
1 1-1 1 1 1 ■' 111 ^ • n .1 1 1 ■' r 1 r r 1 . .1 • i . i • SO"* Come latO
county, and likely to become chargeable thereto, it fhall be lawiul tor fuch jultiee, by warrant under his any county,
band, to caufe fuch poor perfons to be removed to the county where he or the was legally lalt fettled ; but
if fuch poor perfon be fick or difabled, and cannot be removed without danger of life, the county war-
• dens fhall provide for his or her maintenance and cure at the charge of the parifh, and after recovery, fhall
caufe him or her to be fo removed ) and the county wherein he or fhe was laft legally fettled fhall repay
all charges occafioned by the ficknefs, maintenance, and cure, of fuch poor perfon, and alfo all charges and
expences, if fuch perfon fhall die before removal ; and if the county wardens of the county to which fuch
poor perfon belongs, fliall refufe to receive and provide for the perfon or perfons removed by warrant as
aforefaid, every county warden fo refufing fhall forfeit and pay twenty pounds, one half to the ufe of the
county from whence the removal was, and the other half to the infofmer ; to be recovered by adlion of
debt or information, in the county court where the information was made, with cofls of fuit ; and if the
wardens of the county where fuch poor perfon was legally fettled fhall refufe to pay and fatisfy all the char-
ges and expences aforefaid, in fuch cafe the wardens of the county refufing fhall be liable for the fame, to
be recovered with cofts, in the county court as aforefaid ; and if any houfekeeper fhall entertain fuch poor
perfon, and fhall not give notice thereof to the county Wardens of the county, or one of them, within one
month, he or fhe fo offending fliall forfeit and pay the fum of five pounds : to be recovered with cofts, by
the county wardens, for the ufe of the county, by a£tion of debt or information^ in any county court.
Jin aSffor appointing Iheriffsy and direBing their duty in office y and for obliging the latejheriffs and colleSfors ef CHAP. 8.
public monies who are in arrears to account Jor and pay the Jame and other purpofes. 3, \779. 5.
r. Repealed, 3, 1779, 5. 178V?2l/*
11. And he it further enaEled by the authority aforef/td, That no iherifF fhall be compellable to ferve more i7«8,' 21.
than one year, and until the next fucceeding term of his county court, after expiration thereof \ and every VoL i;, 123.
perfon accepting the office of fheriff fhall, before his executing the fame, in his county court take the oath „, . ».
appointed for the qualification of public officers, and alfo the following oath, to wit, peHed to seive'
** T -^ ■^*, do folemnly fwear, that I will execute the office of fherifFof county to the befl of my more tha» one
JL*» knowledge and ability, agreeablfe to law ; and that I will not take, accept or receive, direftly or in- year, and till
*' dire£lly, any fee, gift, bribe, gratuity, or reward whatfoever, for returning any man to ferve as a juror, court"'""" ^
'•* or for making any falfe return on any procefs to me diredied* And I alfo fwear, that I have not given His oath.
" any fee, gift, gratuity, or reward, or other thing whatfoever, to any perfon or perfons for his or their
•* vote or intereft to procure me to be nominated to the faid office ; nor will I hereafter give to any perfon
«* or perfons fuch fee, gift, gratuity, or reward, for having procured, or contributed to procure rne to be
« nominated thereto. SO HELP ME GOD."
And fuch fherifF fhall alfo eftter into bond, before the juftices of liis county court, with two or more good Togive bond
and fufficient fecurities, in the penalty of five thoufand pounds, payable to the governor and his fucceflbrs
with condition in form following, /^a/ is to Jay,
THE condition of the above obligation is fuch, that whereas the above bounden is con- ^j^^ rotidi-
ftituted and appointed fheriff of county, by a commilfion from the governor, under tion.
the feal of the ftate, dated the - day of laft paft ; if therefore the faid (hall well
and truly execute and due return make of procefs and precepts to him direded, and pay and fatisfy all
fees and fums of money by him received or levied by virtue of any procefs into the proper office, by which
the fame by the tenet thereof ought to be paid, or to the perfon or perfons to whom the fame fliall be due,
his, her, or their executors, adtniniftrators, attorniej or agents, and in all other things yi^ell, truly and
236 2,1777.
Sheriff in office
on the 1st of
January next,
to give bond.
Proviso.
Persons ex-
empi from ser-
ving.
Pen. on sheriff
neglefling to
execute pro-
cess, "^r making
false returns.
Di'ffl'on as to
the returu cf
lion esc.
Exemptions
from the ser-
vice of process
in particular
cases.
Sheriflf 's duty
on serving ex-
ecutions,
faithfullf execute die fa',d office of fheriff, during his continuatK^e therein, then the above obligation to
be void, otherwife to remain in full force and effeft.
Which faid bond every county court is hereby required and empowered to demand and take, and caufe to
be acknowledged before them in open court, and recorded ; and upon a breach of the condition of fuch
bond, the fame fhallbe afligned by the governor-to the party or parties injiared, who may maintain an ac-
tion thereon, in his or their name •, and no fuch bond ihall become void upon the firil recovery, or if judg-
ment (hall be given for the defendant, but may be put in fait and profecuted from time to time, until the
whole penalty (hall be recovered.
III. And be it further enaSied by the authority afore/aid^ That every (h^rifF who (hall be in office on the.
firft day of January next, {hall at the firft court to be held for his county thereafter, enter into bond with
fecurity, as is direfted for perfons accepting the office of ftierlfF; and if any perfon who (hail hereafter
be appointed fherlfF by virtue of this aft, fhall refufe to accept and execute the office of fheriff, he fhall
forfeit and pay the f«m of fifty pounds lawful money of this llate, to the ufe of the public j to be reco-
vered in the name of the governor, by a£lion of debt, in any court having cognizance thereof. Provided
always. That if any perfon who (hall hereafter be nominated or appointed to execute the office of fheriif
of any county in this ftate, Ihall be willing to execute the fame, but cannot give fecurity as by this ad is
required, and (hall make oath in the county court that he hath ufed his beft endeavours, without fraud
or collufion, to get fuch fecurltles, that then fuch perfon fhall ngt incur the penalty aforefald, any thing
herein contained to the contrary notwlthftandlng.
IV. Provided further, and be it enaBed by the authority aforefaid. That no member of the general a/Iem-
bly, or council or ftate, fhall be nominated or commiffioaed, npr fliall any praftlfmg attorney be obHged ■
to aft as fheriff of any county within this ftate.
V. And be it further enaBed by the authority aforefaid. That the fheriff, by hlmfelf or his lawful officers
or deputies, fhall from time to time execute all writs and other procefs to him legally iffued and dlrefted-
wlthin his county, or upon any bay, river, or creek, adjoining thereto, and make due return thereof, un- |
der the penalty of forfeiting fifty pounds lawful money of this ftate for each negleft where fuch procefs i
fhall be delivered to him twenty days before the fitting of the court to which the iame is returnable, to be j
paid to the party grieved by order of fuch court, upon motion and proof of fuch delivery, unlefs fuch flie-
rlff can fhew fufficlent caufe to the court at the next fucceedlng court after fuch order ; and for every falfe
return the fheriff lliall forfeit and pay fifty pounds, one moiety thereof to the party grieved, and the other,
moiety to him or them that will fue for the fame ; to be recovered with cofts, by aftion of debt, bill or'
plaint, In any court of record, and moreover be further liable to the aftion of the party grieved for dama-
ges ; -and no ftierlff fhall return upon any writ that the defendant Is not to be found within his bailiwick,';
unlefs fuch flieriff fhall have aftually b^en at the houfe or place of abode of fuch defendant ; and where;"
any defendant (hall be a known Inhabitant of any other county than that of the fheriff to whom fuch pro
cefs fliall be dlrefted, the fheriff fliall return the truth of the gafe, and thereupon an alia! fh.ill Iffue, d\-\
refted to the fheriff where fuch defendant refides. If the original procefs fhali iffue from a fuperlor court,
and variance of the addition of the place of abode of the defendaht fhall not be deemed error, or matter of
abatement. The refl of this feBion relating to coroners repealed and other provificn made, 3, 1779, 5.
VI. Provided always. That It fliall not be lawful for wiy fheriff, or other officer, to execute any writ or
other procefs upon a Sunday, or upon any perfon attending his duty at a mufter of the militia, or any e-
leftlon of burgefs or burgeffes, or overfeers of the poor, or county wardens, or any perfon fummoned ta
attend as an evidence or a juror ; and all fuch fervlces of procefs is hereby declared illegal and void, un-
lefs the fame be iffued againft any perfon or perfons for treafon, felony, riot, refcou"^ breach of the peace,
or upon an efqape out pf prifon or cuftody, and fuch procefs fhall and may be executed at any time orj
place. i
VII. And be it further enaBed by the authority afore/aid, That from and after the firft court which (hall
happen after the firft day of January next, each and every flierlff within this ftate fhall, on levying any
execution for any debt, damages or cofts, make out. If requlrpd, a bill of his fees due on fuch- aftion or;,,
fuit, and fet down under the fald bill a true copy of the clerk's, attorney's and other e;idorfed fees, fe- }<
parately and diftinftly, and give a receipt for the fame to the party againft whom fuch execution fhall if-*^^
fue, and alfo fhall endorfe the amount of his own fees he fhall fo take on fuch execution, to be entered by:^
the clerk on the execution docket, for which copy the faid fheriff may demand and receive one fhilling of "^
the perfon requefting the fame ; and if any ftieriiF, or other ofTicer, empowered to levy any execution, fliall f^,.
fail Co to do, fnch fherifFor other officer fliall forfeit Sind pay fiftj^pounds, to any perfon who will fag for 2,1777. 237
the faine. (.<*»vs«;
VIII. And be U enaSJed by the authority afore/aid. Tint it (hall not be lawful for any flierifF, or his officer To take no o-
cr deputy, to take any obligation of or from any perfon or perfons in his cuftody, for or concerning any '^l^i'" id '*'-*'*
matter or thing relating to his office, otherwife payable than to himfelf as IherifF, and difchatgeable upon able to themsel-
the prifoner's appearance, and rendering himfelf at the day and place required in the writ, whereupon he ve;, disciaarge.
was or (hall be taken or arrefted, and his fecurities difcharging themfelves therefrom as fpecial bail of fuch *'^'t <'"?'''*<»•
prifoner, or fuch perfon or perfons keeping within the limits and rules of any prifon ; and every other ob- aj,^e, ic,
ligation taken by any ftierift" in other manner or form, bv colour of his office, ftiall be null and void, ex-
cept in any fpecial caf; any other obligatrion is or fhall be by law particularly and exprefsly directed : and
that no fheriff fhall demand, exaft, take or receive, any greater fee or rev/ard whatfoever, nor (hall have To take legal
any allowance, reward or fatisfaftion, from the public, for any fervice by him done, other than fuch fum ^^* °"'^"
as the county court fhall allow for ex officio ferviees, and the allowances given and provided, or which (hall
be from time to time given and provided by law.
IX. And be it further enaBed by the authority afore/aid. That if any perfon committed, reiidered, or char- Proceedings ia
ged in execution, or upon mefne procefs, to any prifon, (hall thence efcape, it fhall and may be lawful ^apes."
to aiid for any jufcice of the peace of the county where fuch prifoner was in cuftody, upon oath of fueh
efcape made before him by the (heriff, under-(herifF, or gaoler, or other credible perfon, to grant to any
perfon demanding the fame, one or more warrant or warrants, under his hand and feal, dire£l:ed to all
merifFs, bailiffs and conftables within this (late, reciting the caufe of fuch perfon's commitment, and the
time of his or their efcape, and commanding them, and every of them in their refpeftive counties and
^recin£ls, to feize and re-take fuch prifoner fo efcaped or going at large, and being fo taken, forthwith
to convey to the prifon where debtors are ufually kept in the county where fuch re-caking fhall be, there
to be kept in fafe cuftody until he or ftie be thence difcharged by due courfe of law ; which warrant the
fherifF is required to obey, and receive the prifoner into his fafe cuftody, and to give a note to the perfon
or perfons delivering him, her, or them, certifying his receipt of fuch prifoner, and (liall alfo make return
of the execution of fuch warrant to the court of the county where fuch prifoner efcaped ; and if he or (he
was there in cuftody charged in execution, then the faid fherifF fhall fafely keep him or her without bail or
mainprize, until he or (he fhall have made full payment and fatisfa£lion to the plaintiff or plaintiffs, credi-
tor or creditors, in whofe name fuch execution was ifluedout, or until the judgment or judgments obtain-
ed againft him or her ftiall be reverfed or difcharged by due courfe of law^ : and if any fuch prifoner (hall
have been in cuftody upon mefne procefs in any a£lion of debt, or upon the cafe, the fherifF to whom he
or file (haU be fo committed (hall, in like manner, keep fuch prifoner in his fafe cuftody, and make return
of the execution of the warrant by which he. or (he was re-taken to the court of the county wherein he or
ihe was firft arreft'ed ; and thereupon it (hall be lawful for the faid court, upon the plaintiff's filing his
declaration and entering the defendant's appearance, to pioceed to give judgment thereon, in the fame
mannei as if the defendant had appeared in court and refufed to plead, unlefs fuch defendant fhall caufe
fpecial bail to be entered in faid court, and (hall immediately plead to ifTue ; and thereupon a certificate
under the hand of the clerk of the faid court, that fuch bail is given and delivered to the (herifFin whofe
cuftody fuch defendant (hali then be, it (hall be lawful for him to fet at large fuch prifoner, and not other-
wife ; but where any prifoner efcaped, and re-taken upon fuch warrant as aforefaid, fhall thereafter be
charged with treafon, felony, or other capital crime, in behalf of this ftate, for which he or (ho ought to
be tried in one of the fuperior courts, and (hall be for fuch caufe removed to any gaol of fuch court, every
fuch priloner fhall be charged in fuch gaol with all the caufes wherewith he or (he ftood charge*' in the
gaol from whence he or (he efcaped, or was removed, until he or flie be thence delivered by due courfe of
law ; any law, ufage or cuftom to the contrary notwithftanding.
X. And be it further endBedhy the authority aforefaid^ That if any fherifF or other officer hath made, or JJ.g'Jl^^^'^^*™*
(hall make any return upon any wirit of Fieri Facias or Venditioni Exponas, that he hath levied the f^.u^g („ pj™
debt, datnagies and cofts, or fees, as in fuch writ- required, or any part thereof, and hath not or (hall not monies.
pay the fame into the proper office, or to the party to whom the fame is payable, or his attorney, at the
return of fuch writ, or hath or (hall return upon any writ of Capias ad Satisfaciendum, or attachment, for
not performing a decree in chancery for the payment of any fum of money or other matter, that he hath
taken the body ojr bodies of any defendant or defendants, and bath the fame ready to fadsfy the money or
Vol. I. ' ' 3P
238 2,1777. other matter in fuch writ mentioned, arfd fliall have a£tually'received the money or other matter from the
) defendant or defendants, or any part thereof, or fuffered him her or them, to efcape with confent of fuch
flieriff or officer, and hath not or fhall not pay the fame into the proper olhce, or ta the party to whom^
the fame is payable, or his attorney, that then and in either of the faid cafes, it fliall and may be lawful for
the creditor, at whofe fuit ol Fieri Facias, Venditioni Exponas, Capias ad Satisfaciendum, or attachment, hath
or fhall iflue, upon motion made in the court from whence fuch writ iffued, or iii the fuperior court of the
dillridl wherein fuch (herifF (hall refide, to demand judgement againft fuch flicrifF or other officer, for the
money or other matter mentioned in fuch writ, and fuch court is hereby authorifed and required to give
ju'lgment accordingly for the fame, with cofls, and to award execution againil the goods and chattels,
lands and tenements, of fuch (heriff, provided fuch IherifFhave ten days, previous notice of fuch motion;,
and where it fhall fo happen that the tiitie of any perfon's IherifFalty fhall be expired, or he (hall be re-
moved from his office before fuch motion made by the creditor or creditors, the fame remedy, proceed-
ings, and relief, fhall and may be had againft him, as if fuch perfon was aftually in office j any thing
herein contained to the contrary notwithftanding. ■
XI. /Ind be it jurther emSied by the authority aforefa'td. That where any (herifTfhall take the body of any
deltor in execation, and (hall vvilfuUy or negligently fuffer fuch debtor to- efcape, and fuch (heriff, or
perfon fuing out fuch execution, (hall die before a recovery can be had againft fuch (heriff for fuch efcape»
the perfon fuing out fuch execution, his executors or adminiftrators, (hall and may have and maintain aa
a£lion of debt againft fuch (heriff, his executors or admini(trators, for the recover/ of all fuch fums o£
money as are mentioned in the faid execution and damages for detaining, the iaaie ; any law» ufage oX- ,
cuftom to the contrary notwithftanding.
XII. And for removing all controverfies touching the manner of turning over prifonerj upon the (he-
riff's quitting his office : Be it further enaEled by the authority aforefaid, That the delivery of prifoners by in-
denture between the old fheriffandthe new, or the entering upon record in court, the names of the fe-
veral prifoners, and the caufes of their commitment, delivered aver to the new (heriff, (hall be fulficient
to difcharge the late (heriff from all fuits and aftions for any efcape tliat (hall happen..
SIII. And be it enaSied by the authority aforefaid. That the juftices of the refpeftive counties in this flate
fhall nominate and appoint regifters in the fame manner as is herein before diredled for the choice of (he-
ifFs ; and the regifters fo appointed (hall hold their refpeftive offices during their good behaviour : but
each regifter, befcnre entering upon the execution of his ofEce» (hall take the oath appointed for the qua-
lification of public officers, and an oath of office ; and (hall give bond,, in the penalty of five thoufand
pounds, payable to the governor for the time being, and his fuccelfors, for the true and faithful difcharge
of his office ; which bond, upon a breach thereof, fhall be alfigned to the party or parties injured, and
may be put in fuit from tim,e to time until the whole penalty (hall be recovered,,
XIV. And be it further enaSied by the authority aforefaid. That every county court in this ftate(hall, and
they are hereby empowered, to appoint two or more coroners withia their cjsunty, if they fhall be of
opinion that more than one wiU be necelTary.
XV. And be it further enaSied and declared by the authority aforefaid. That the governor for the time be»^
ing (hall, from time to time, as any vacancy may happen, appoint one or more perfons, properly quali-
fied, to ad as notary or notaries at the dilFerent ports in this ftate ; and the faid notaries, and every of
them, fhall take the oath appointed to be taken for the qualification of public officers, and alfo an oath
of office ; which oath may be taken in, and adminiftered by the court of the coupty in which fuch no-
tary fhall refide. The refl repealed. Vol. 2. 139.
XVc. And whereas divers perfons, vrfio have formerly been fherifFs and coirefXors of public monies
within this territory, are ftilL in arrear to the public, and it being necefTary that a final fettlement of all
fuch matters fhould be made, and that all public monies (hould he paid into the treafury ; Be it therefore
enaBed by the authority aforefaid. That the treafurers of this ftate be, and are hereby authorifed and requir-
ed, to call all fuch fherifFs and colleftors to account, and to inftitute fuits againft them for the monies by
them refpetftively due and unaccounted for, and that the proceedings therein (hall be agreeable to the
laws laft in force in this territory, for the recovery of taxes and other public monies ; and the treafurers
(hall be obliged to account therefor in the fame manner, as if fuch laws had ftili continued and been ia
full forces
LTshthe'S-'' • ^^^}' ^"^ ** **°U° fnaaedby the authority aforefaid. That every late CherifF and eolkaor of public mo-
kflion. ' ^^^* ^^ lawful reprefematives or fecurities, (hall and may fimfli the collection of any taxes or dutiea
'Method of re-
covery where
the pliintiFor
sherift dies.
Methodof turn-
ing over priso-
Registers ap
pomud.
Coroners ap-
pointed,
Governor to ap
fointnotanes.
Sheriffs, &c. to
account for
public monies.
-V
yet in arrear and unpaid, in the fame manner as might have beeh done under the laws laft in force for 2,1777. 239 \
iuch purpofes. v«<on<<«i ;
The reji of this aSi relating to the kin^s receiver general^ and his depuiieSf and fines and forfeitures due be- {
fore the ittdependencey obfokte. " _ \
An aB t6 pf^event ahufet in fqking vpfiray horfesy cattleyhegs and Jheepy and other things therein mentioned^ CHAP. 9. l
WHEREAS it becomes dilficult to recover ftray horfes, cattle, Iheep and hogs, for want of fome le- !
gal provifion to effe£t the fame ; ' ' ";
II. Be it therefore inaBed by the General AJfembly oftheflate of North-Carolina, and it is hereby enaSled by Rangers ap- )
ihe authority of the fame, That the refpe^tive courts in each county whithin this ftate (hall appoint a ranger P™"*^"^'. *"''
for their refpeftive counties, vsrho ihall hold his oihce during good behaviour ; and that every freeholder with strays. ;
who (hail take up any ftray horfe, raare, gelding or colt, neat cattle, hog or (heep fhall within ten days ' :
after the taking up of fuch ftray (the owner of fuch ftray or ftrays being to him unknown) make informa- Vol 2,119,145' \
tion on oath before the ranger of the county wherein fuch ftray or ftrays ftiall be fo taken up, of the marks ^^^ •
brands and colour, of each and every fuch ffray or ftrays, and that the fame was taken up at his or her !
plantation or place of abode, and that the marks or brands have not been altered or defaced, by means of^ i
or to the kaoivledge of fuch taker up ; whereupon fuch ranger is hereby required to iflue his fummons \
to any two freeholders of the neighbourhood; who after taking the following oath, to wit, i
*' '^tT'OU fliall fwear that you will well and truly view and appraife the ftray or ftrays (as the cafe may \
j[ be) in the fummons to you directed, without favour or partiality, according to your fkill and a- , ''
« bility. SO HELP YOU GOD." ;
before the ranger (who is hereby authorrfed to; adminifter the fame) or fome juftice of the peace for the '
county where fuch ftray or ftrays ftiall be fo taken up, ftiall view and appraife fuch ftray or ftrays, and ^
make return thereof to the faid ranger, under their hands and feals ; which appraifment, with a particular ■
and exa£t defcription of the marks, brands, age and colour, as near as can be afcertained, of each and eve-
ry fuch ftray or ftrays, together with the time of taking up, and place of abode of the perfon taking up the i
fame, fliall by fuch ranger be entered in a book to be by him kept for that purpofe, and ftiall during the '
fitting of the next fucceeding court in the county where fuch entry ftiall be made, put up an advertifement
jn the moft public place, defcribing therein the kind, marks, brands, and colour of all ftrays entered as a- ^^^' ''• \
forefaid ; and the ranger ftiall have and receive from the perfon taking up fuch ftray or ftrays, the fum of ^ j
five ftiillings for every fuch entry to be by him made ; and the perfon taking up fuch ftray or ftrays, for '
his trouble and expence in taking up the fame, and paying as aforefaid, may demand and receive of the
perfon claiming the property of the faid ftray or ftrays, the fum of five fliillings for each horfe, two fliil- "i
lings and fix-pence for each head of cattle, and one Ihilling per head for every hog or ftieep. 1
III. And be it further ena&ed by the authority aforefaidy That the property of every ftray horfe, mare, gel- Pi-cpertyof ;
ding or colt, neat cattle, hog, or ftieep, twelve months after fuch appraifment, and no property prcwed by *"'^>'*'" ^^^ \
the owner thereof, ftiall be deemed to be vefted in the perfon taking up the fame. ^ ' "^* i
IV. Provided neverthelefsy That it ftiall and may be lawful for, the former owner of any fuch ftray or P'oviso. ],
ftrays, at any time within twelve months after fuch appraifment as aforefaid, on proving his property to ;
the fame, by his own oath or otherwife^ to demand and recover fuch ftray or ftrays, or the valuation there- !
: of, tlie claimant firft paying the ranger's fee, and the reward for taking up the fame. •
V. Provided alfoy That where the taker up of any ftray fhall have been at any expence for keeping and ^^"'y «*a>ned
: maintaining fuch ftray, it ftiall be lawful for hira to retain the fame until the owner or claimer thereof "^'^^pe"*** j
, fliall pay all fuch expence : which expence fliall be afcertahied in the following manner, to wit, the taker
1 up fhall obtain from fome juftice of the peace a warrant, empowering three freeholders, by the faid juftice 1
[ to be named, to declare on oath, upon view of the faid ftray, and examination of witnefles if necefTary,
( how much the faid taker up ought to demand fpr the keeping and maintenance of the ftray ; and fuch fum I
j as fhall by the faid freeholders, or any two of them, be fo declared, fhall be the fum which the taker up is
j and fhall be entitled to demand and receive, before the owner or claimer can take the ftray out of his pof- j
feffion. ]
j « VI. And Be if further enaBedby the authority aforefaidy That after the feXpiration of twelve months, each If no property
and every perfon fo taking up any ftray or ftrays, and no property proved by the owner thereof, fhall ac- ^"^"•'^^ part of
count for and pay into the hands of the county treafurer two-thirds of the appraifed value of all fuch ftray IJe Sm/ ^
lor ftrays, after deducing the ranger's fee, and the reward for taking up the fame ^ and ia cafe aay perfon treasurer. \
240 2,1777. fo tatting up any dray or flnys, according to the intent and menhlng of this afl-, fliall neg'.ev^ or
Uors.^ refufe to account with the faid treafurer, as in this aft before diredl^d, he or fhe' fo failing (hall for-
feit and pay double the appraifed value of fuch ftray or ftrays by him or her fo tak.en up, to be recovered
by a£lion of debt, before any jurifdiftion having cognizance thereof, one half to the perfon fuing for the
fame, and the other half to the ufe of the county wherein fuch ftray or ftrays may be taken up ; which
faid treafurer is hereby authorifed and required to receive and account for the fame, in the fame man-
ner, and under the fame regulations and reftri£Hons, as other county monies ; which faid moAey (hall be
applied to the ufe of the county, where fuch ftray.or ftrays ftiall be fo taken up. j
Owner m»y re- VII. Provided nevertheless, That it ftiall and may be lawful for the former owner ther&of, it any time, :
value^"' '^ ' '^ on proving his property by the oath of one or more indifferent Witnefles to demand and receive from the
county treafurer two-thirds of the appraifed value of all fuch ftray or ftrays fo accounted for as aforefaid,
deducing therefrom the ranger's fee, the reward for taking up, and the treafurer '$ commiflions of two ^
and a half /iff ««^. for receiving and accounting for the fame. ^1
Taker up net VIII Provided always. That if after the appraifment of any ftray hotfe, mare, gelding or colt, sktid en-»*
the death of "^ try thereof made within the ranger as aforefaid, fuch ftray ftiall happen to die within the fpace of fix |
strays. 'months after fuch appraifment, the perfon taking up fuch ftray or ftrays ftiall not be anfwerable for the
fame, unlefs fuch death appears to have been ocdafioned by ill ufageor abufe.
Who may take IX And be it further enaQed by the authority aforefaid. That if any perfon, not being a freeholder, ftiall
up s:rays. prefume to take up any ftray horfe, mare, gelding or colt, nfeat cattle, hog or ftieep, or if any freeholder
fliall take any fuch ftray or ftrays at any other place than on his own land, or ftiall make iife Of any fuch
ftray or ftrays before the fame (hall be appraifed as aforefaid, he or ftie fo offending, fliall for every fuch
offence forfeit and pay the fum of five pounds, to the ufe of the informer ; to be recovered with cofts be-
fore any jurifdiftion having cognizance thereof, and be further liable to the aflion of the party grieved, .
Provided neverthelefs. That nothing herein contained fhall extend to prevent any perfon from taking up any
ftray or ftrays of any kind, and carrying the fame immediately to the owner thereof. ^^
Rangers book X. And be it further i naEied by the authority aforefaid. That for the more fpeedy recovery of flraysj it fhall
may be search- ^^^ ^^^ ^^ lawful for any perfon, at all times hereafter, to look over &nd fearch the entry books by'this aft
direfted to be kept by the ranger in each county in this ftate, for any information he may want as to any
horfe, mare, gelding or colt, neat cattle, hog or ftieep, which heretofore has, or hereafter may ftray aWayS
from the owner thereof, the perfon requefting fuch fearch firft paying one {hillinjg therefor to the rangefi
keeping fuch book.
CHAP- 10,. An acifer afcertaining the cath oj allegiance and abjuration.
Provided for by 2, 1 "84. 21.
CHAP. 11 . AtaSi for appointing naval'offcers in the different po ts tif this Hate, and direBing their duty in oj^ce,
Rt-p 1,177^,7.
chAP. 12. An a5i to amend the Jiaple of tobacco, find prevent frauds, ]|
3 1779 9. 'V'T "THERE AS the law heretofore in force for amending the ftaple of tobacco, and preventing frauds
1787, 3. W h"'^ b^^" found highly beneficial to this ftate, as well as to the planters of that commodity ,•
Vol. 2, 120/ 11^ j5^ If efiaSfed by the General Affanhly, of thflate of North-C rolina, and it is hireby fnaSled by tie author'^
Inspeaors con- ity oj the fame. That the infpeftors of tobacco appointed by the county courts fince the laft feffion cf AlTe!™
tinmd. jjjy gj. ^j^y public warehoufes in this ftate, be, and they are hereby continued, and declared to be infpedon
at the refpeftive warehoufes for which they were appointed, until appointments can be had agreeable ^,
this a£l, and fhall have tlie fame powers, authorities ^iid emoluments, and be fubjed to the rules, regula
tions and reftriftions, herein after mentioned. _
County court to III. Be it enaBed by the authority aforesaid. That the inferior court of any county in this ftate, where fk
appoint them, tobacco infpeftions and warehoufes are already eftablifhcd", ftia'.l annually, at the firft court to be held fo|
t eurdut/. ^j^^-^ county after the firft day of June, appoint two difcreet and careful men, well acquainted with thflj
nature and qualities of tobacco, to be infpedors thereof, who fliall well and carefully examine every hogfp
liead, calk, or parcel of tobacco, brought to their warehoufe, and fuch tobacco as they fhall fiiid good '
found, and merchantable, and fit for exportation, they fliall caufe to be immediately headed, hooped, anc
nailed, and the number nett, and weight and tare, with the name of tl^e warehoufe, ftamped or marke^
thereon \ and for all tobacco fo pafTed by them in crop hogfheads, they fliall give to the owner tliereof r
receipt} containing the warehoufe, number, grofs, tare, and net weight, the kind of tobacco, and therein 2,1777, 2*1
ol)lige themfelves to deliver the fijnie tobacco to fuch owner> or his order, for exportation, when demand- i»*»'-*"«0
ed ; and for all fuch tobacco as they fliall pafs in parcels, they fhall give the owner a transfer note, and
ail fuch parcels of tobacco they (hall immediately pack and prize into hogflieads of at leatt one thoufand
net weight, to be by them paid m difcharge of fuch transfer notes to the perfons who (hall be pofleffed of
them, dedafting from their transfer notes wheu returned to cem, at the rate of two per cent, for the firft
I month, and one per cent, for every month after one, for flirinkage, arid may alfo charge out of fuch trans-
fer notes thirty pounds of tobacco for the caflc ; and all tobacco brought into their warehoufes, which in
their judgment is not good, found and merchantable, they (hall caufe to be immediately burned ; and where
tobacco is offered for infpedlion, and it appears to them part thereof is only fit to pafs, the owner thereof
may feparate fuch good tobacco from tlie bad) and that only which is bad ihall be burned,- but if the own-
er refufes to have the fame feparated, then the infpeftors fhall and may burn the whole ; and where the
infpeftors at any warehoufe fhall difagree in their opinion of the quality of any hogfhead of tobacco, or
where the tobacco to be infpecled is the property of one of the infpe^lors, then another fworn infpedlor Provision
from the nearefl warehoufe, or juftice of the peace, fhall be called, and fhall decide, and receive or rejedl where an iu-
tbe fame ; and where any infpe<3:or {hall die, or be rendered by ficknefs or accident unable to attend his ^^ or be^una-
(hity, then it fhall be lawful for any three juftices of the county to appoint and fwear in any proper perfon ble'to attend.
tP a£l as mfpe£lor, until the difabihty of the other be removed, or until the court ftall appoint ; and fuch
perfon fo appointed to z&: fliall be under the fame penalties, and entitled to a proportionable part of the
tfalary for the time he fhall aft, and be under the fame regulations, as if originally appointed by the court.
IV. And be it further e»:tSledhy the authority aforefaidy That the infpe£tors to be appointed in virtue of Bond to be
this a£b fhalLgive bond ind fecurity, to be approved by the juftices appointing them, in the penalty of one ^'^"^*
thoufand pounds, payable to the governor, or cosnmander in chief for the time being, with condition they
^all refpeclively execute the office of infpe£lor of tobacco faithfully and truly, according to the laws iii
that cafe made ; which bond, on any fuggeflion made to the commander in chief for the time being of a
breach thereof, (hall by him be affigned to the party injured, to be put in fuit, and fliall not be void on any
recovery, until the whole penalty be recovered ; and fuch infpe£lors fliaU, before they enter on the duties
of their office, take in open court the following oath, to wit,
f< '^tT'OU fhall fwear, that you will carefully and diligently view and examine all tobacco brought to a-
JL ny public warehoufe whereof you are appointed to be infpeftor, and all other tobacco whicli you
.*< fhail be called upon to view and infpeft, and that not feparate ^nd apart from your fellow, but in his pre-
«< fence. And that you will not receive any tobacco that is not in your judgment found, well condition-
«' ed, merchantable, and clear of trafh ; nor receive, pafs or ftamp, any tobacco hogfhead, or cafk of to-
•* bacco, prohibited by an acS of AfTembly, entitled. An a£l for regulating tlie infpeftion of tobacco, and
**- preventing f rautls. And thkt you will not change, alter, or give out any tobacco, other than fuch hogf-
«*-head or cafk for which the receipt to be taken in was civen ; but that you will in all things well and
** faithfully difcharge your duty in. the office of an infpeftor, according to the directions of the faid a£V,
5« without fear, favour, affe£tion, malice, or partiality. SO HELP YOU GOD."
, V. And be it further ena^ed by the authority aforefaidy That no tobacco fhall be exported out of this ftate No tobacco t*
tintil the fame has been carried to fome infpedlion, and there viewed, pafTed, and ftampgd, according to ^ expcr ed
tlie directions of this a6l, or which has already been fo done» according to the laws heretofore in force ; ti'i"°" "
and the infpetSlors at every infpefliion which is, or fhall by virtue of this a£l: be appointed, on delivering
out any tobacco from their warehoufe for exportation, fhall deliver therewitli to the mafler or flcipper of
the veflel receiving the fame, a manifeft thereof, figned by them, containing tlie marks, numbers, grOfs,
iiett and tare, of every hogfhead or cafk then delivered, with the name of tlTe warehoufej and the name
of the veflel and mafter thereof in which the fame is intended to be exported, and the name of the ikip-
per j which manifeft, in cafe the lobacco be delivered to any river craft to be lightened down to any fea-
port, fhall be delivered therewith, by the fkipper of fuch craft, on board the fhip or vefTel in which the
fame is to be exported ; or in cafe fuch vefTel ca«not take it in, then in the moft convenient warehoufe
at or near fuch fcaport, there to remain until the fame fhall be {hipped in fome other veffel for exportati-
on, accordiog to the true intent and meaning hereof ; and all tobacco waterborne with intention to elude
this aft, is hereby declared to be forfeited, and fhall be the property of any perfon who fhall feize and
take pofl'effion of the fame ; and in cafe of fuit againfl the perfon feizing fuch tobacco, he may on the gen-
eral iffue give this act in evidence.
Vol. I. 3 Q
Oath.
242 2,1 777. VI. And be it further tnafied by the authority afore/aid, That the infpeftors at Halifax warcKoufes frtall
U^-^iT*^ conftantly attend their duty at the faid warehoufes trom the tenth day of Odftober to the tenth day of Ju-
Dwy of Hull- Ijr in every year, on penalty of forfeiting forty fbillings for each day either of them fhall negletl the fame,
ar.d'thcii saU ' ^''^''"^'s or other unavoidable accidents excepted ; which forfeiture (hall and' may be recovered by warrant
ries. before any magiflrate of the county where the infpeclor refic es, by any perfon faing for the fame, to the
ufe of the perfon fuing, and (hall furthermorte be liable to the aftion of the party aggrieved for fuch. da-
mages as he may fudain; and the infpedtors at the faid infpeftion of Halifax fliall have and receive for
their attendance the fum of feventy-five pounds each, and the infpeftors at Jones's the fum of thirty-feven i
pounds ten fliillings each, annually, to commence from the tenth day of 0£tober laft palt, to be paid hf
the juftices of the inferior court for their refpedlive counties, out of the county money : and the juflice* |
of any county within this ftate may, and are hereby empowered, if neceflliry, to appoint fuch places for i
fjo'in "] *° ^'^f *^^ infpeClion of tobacco in their county, and infpeSors to attend thereat, as to them fhall feem moft pro- ^
« p-iion.**" P^'"' ^° ^^ ^^^^ place of infpe£Hon be at a landing on fom^ fufiicient navigable ftream ; and alfo may, afc ; ;
the expence of their counties, purchafe or rent ground, build or rent warehoufes, provide fcales and
weights, and other matters incident to an infpeftion, and allow fuch falarie& to the infpedors as they (hall
judge proper, to be paid out of the money aflefled for the maintenance and fupport of the county charges ;
and alfo (hall at any fuch infpedion, order and limit the time for the attendance of fuch infpe£tors at their
refpe£iive'warehoufes ; and any infpeftor fo to be appointed, (hall be under the like bond, fecurity and
oath, and fubjeft to the fame forfeiture, method of recovery, and application, as is above direded for
the non-attendance of the infpeilors at Halifax warehoufes.
VII. and VUL other provifion made, 1787, 3. If:
Manner of IX. And be it further enaSed by the authority aforesaid. That no naval-officer in this ftate, fliall clear out- M i
witTtdjrr^'^ wards any fhip or veffel having tobacco on board, until the captain or mafter thereof fliall produce and 1 &
0 accc. jjgijypy tQ j^jjjj fyj.|^ manifeft as above dire£led, figned by the infpetlors where the fame was infpedled, for -^
all tobacco he has on board ; and the naval-officer clearing fu h fhip or veffel, is hereby directed to ad-
minifter to fuch captain or mafter, before delivering fuch clearance, an oath to this purport : that the
manifeft by him produced contains a true account of the mark, number, tare and net weight, ftamped
or marked on each hogffiead of tobacco on board- his veffel, as they were taken down before the fame was
flowed away. And the faid naval-officer is hereby authorifed to take and receive two fliillings for admi-
niftering the faid oath. And every naval-officer who fhall clear out any vetTel having tobacco on board,,
without receiving fuch manifeft, and caufing fuch oath to be made before them, (hall forfeit the fum of '
fifty pounds proclamation money ; to be recovered id any court of record in this ftate, by and for the ufe ;
of any perfon who fhall fue for the fame. \
hireflo*^'^'"^ X. Atid be it further enoEled by the authority aforefaid. That if any perfon fhall forge or counterfeit the'j
notes, and me- ^^""P» ^^^^^ o'^ receipt, of any infpe6lor, or offer for fale or payment, or demand of any infpefkbr, to- '
thod where badco on any fuch forged notes or receipt, knowing it to be fuch, or fliall caufe to be exported any hogf-
thcy are lost. heSd or caflt of tobacco ftamped with a forged or counterfeit ftamp, or fliall take any ftave, plank or head-
ing, out of any hogOiead of tobacco ftamped as herein diredted, after fuch hogftiead fhall have been deli-
veisd fjom any of the public warehoufes, every perfon fo offending,, and being thereof legally convided,
Ihall be adjudged a felon, and fuffer as in cafes of felony ; and if any infpeflor's note fliall be loft or def-
troyed, the owner thereof may, on making oath before fome magiftrate of the quantity of tobacco menti
oned in the fame, and that the note is loft or deftroyed, and that he or fhe fo making oath is the lawful
owner thereof, and entitled to receive the tocacco therein mentioned,, obtain a certificate from the juftice
adminiftering fuch oath, and fliall thereby be entitled to receive the tobacco for which the loft note was
given ; and if any perfon flialf be convicted of making a falfe oath, or producing a forged certificate, in the
_ above cafe, knowing the fame to be forged, he fhall fuffer as in cafes of wilful and corrupt perjury.
rlli^m"'' ^'' '^".'^ ^^ ^* f""^^"" '"<'^^''^' h *^^ ^"f^°^''*y''Mef'^<ii That if any warehoufe at any of the tobacco in-
fpeftions in this ftate, that is or fhall be appointed, fhall happen to be burned, and tobacco therein def-
ttoyed; the value of the tobacco fo burned fhall be paid to the proprietor thereof by the counties where the i
fame was made, in proportion to the quantity brought to infpedion by the different counties ; and where',
fuch accident fl^.all happen, no infpeaor fliall be fued, by reafon of any notes or receipts by them given
' ''Wm for tobacco fo burhed. r j e
KmembuifK ^^^' '^^^ *" ''A'''*''' ««'»-'?'''*;' ''^^^ a«/*or»V;) o/^^>V, That no infpedor of tobacco fliall be capable of
being ele^ed member of affembly, during his continuance in his office of infpector, or within one year
after ; nor (ball any infpe£lor, dire£l]y or indire£^ly, buy or receive, by way of barter, loan or exchange, 2,1777. 2'13
any tobacco whatfoever, payments in tobacccJ for their own rents excepted) under the penalty of forfeit- '-.^v*^
ing their office : and when any perfon demands tobacco of any infpedor on their notes, and (hall have Assembly, an.!
caufe to dbubt the fame hath received damage after infpedlion, three jiiftices of the county, not being "i«;thod where
merchants, where the tobacco is, fhall on the application of the perfon demanding the tobacco, repair im- Mrre^to be"^'
mediately to the warehoufe, and there (being firft fworn before fome other juftice, who is hereby em- damaged.
powered to adminifter fuch oath) well and carefully view and examine the faid tobacco in difpute, and
give their opinion thereon whether the fame ought to pafs or be rejefted, according to the beft of their
! judgment and confcience, without favour or affection ; and if in their judgment it is good, found, and
; fit for exportation, the tobacco fo pafled fhall be a fufficient tender to the party demanding on the notes
for the fame, and in that cafe the party fo calling a review, ftialJ pay and fatisfy to the juftices fo attend-
ing eight {hillings each •, but if they re'^e^i the tobacco fo reviewed, in that cafe the infpedlors (hall pay
>\ the faid juflices eight (hillings each, and (hall be liable to the owner of the notes for the value of the to-
il bacco fo rejeded, and fuch damages as he may fullain by lying out of the fame from the time of de-
I mending.
i XIII And he it further ena^ed hy the authority aforefaid^ That no flaves within the counties of Halifax, Slaves in cer-
!' Northampton, Bute, Granville, Edgeomb and V/ake, for his own benefit, (hall cultivate any tobacco, un- n*7 '^°°"^'.^s
\ der the penalty of five pounds current money of this ftate for every five hundred hills, fo cultivated, to be tobacco. "'^ °
i recovered from the mafler, owner or overfeer, of fuch flaves, by aftion of debt, before any jurifdiftion
having cognizance thereof ; one half to' the informer, and the other half to the ufe of the county where
fuch flave Ihall refide.
I XIV. {Repealed by adi Aprily 1784, Ch, 26.}
An aElfor amending an a6ly (tttitled, " An aft for levying a tax by affeflment, and other purpofes," pajpd the chap. 13,
lajlfejfionofthisajfemhly. Rep, 1, 17'79, 3
An aB to enforce fuch parts of theflatute and common laws as have been heretofore in force and ufe here^ and the chap. 14
acts of Affcmhly made and pajfed when this territory was under the government of the late proprietors, and the Provided for
crown of Great'Britain ; and for reviving thejeveral a£is thenin mentioned. 1778, 5,
An aSi to amend an aSI, entitled, An a£l to eftablifh a militia in this ftate. chap. 15^
Rep. 1779, I.
An aSi to empower the court of admiralty ofthisjlate to have juri/di& ion in all cafes of capture of the flAps and chap. iC,
other vejfels.ofthe inhabitants andfubjeSls of Great Britain, to effabli/h the trial by Jury in the faid court in ca- Superseded by
Jes of capture. thecc.is:itution
J J ^ of the United
States.
J ft aB for confifcating the property of all fuch perfons as are inimical to the United States, and of fuch perfons as chap. 17
fhall not, within a certain time therein mentioned, appear andfubmit to the flate whether they fhall be receiv- 1, i;79* 5.
ed as citizens thereof, and of fuch perfons as ihall fo appear and (hall not be admitted as citizens, and for other 2, 1779, 2.
turpofes therein mentioned, ^3%^, 4 6,
• . 1781 a
WHEREAS divers perfons who have heretofore owhed and poiTeiTed lands, tenen^ents and heredi- 1782' 6.'
tamentP, and alfo moveable property m this ftate, have withdrawn themfelves from the fame, and 1783, 15.
attached themfelves to the enemies of the United States of /^.merica ; and alfo divers perfons who have 2. l?'84, 6.
withdrawn to places beyond the bounds of any of the United States, in order to avoid bearing their pro- ^^'^^' ^'
per and equal part in defence of the freedom and independence of the fame ; and alfo divers perfons wha
having been beyond the bounds of the United States at the beginning of the prefent war, have failed to
return and unite their effeds* for the common defence of American liberty ; and it is expedient and juft
that every perfon for whom property is protected in any ftate ftiould be and appear within the fame, or * ^^°"^-
join in defence thereof whenever the fame ia threatened or invaded ; and it is alfo juft tliat a reafonable
time be given for fuch as have it in their powerto alledge favourable or mitigating circumftances to induce
this ftate» ever attentive to the rights of natural juftice, and ever ready and willing to receive to grace and
favour all who are fincerely attached to liberty, to receive them as citizens, and rettore theifl to the; pof-
feflions which one belonged to them.
Property coU'
fiscated.
2442,1777. II. Be it therefore enaBed by the General Ajjembly of the Jiate sf North-Carolinay and it is hereby ena^ed hy
the authority of the fame. That all the lands, tenemants, hereditaments, and moveable property Ayithin
this ftate, and ail and every right, tittle and intereft therein, of which any perfon was feized or poflefled,
or to which any perfon had title on the fourth day of July in the year one thoufand feven hundred and
feventy-fix, who on the faid day was abfent from this (late, and every part of the United States, and
who ftill is abfent from the fame, or who hath at any time during the prefent war attached himfolf U),
or aided or abetted the enemies of the United ftates, or who has withdrawn himfelf from this or any of
the United States after the day aforefaid, and ftill refides beyond the limits of the United States, ftiall
and are hereby declared to be confifcated to the ufe of this ftate ; unlefs fuch perfon fhall, at the next
General Aflembly which (hall be held after the firft day of 0£lober, in the year one thoufand feven
hundred and feventy-eight, appear, and be by the, faid Aflembly admitted to the privilege of a citizen
df this (hate, and reftored to the poflefTions and property which to him once belonged within the fame.
III. Provided, That this a£l {hall not extend to fuch perfons as are, or have been actually employed
in the fervice of the United States, or any of them, and have not deferted to the enemy, or traiteroufly
violated their truft, as are impnfoned, of unfound mind, or ujider th<j age of twenty-one years. '
IV. Atidp'ovided alfo. That nothing hereiii contained fhall be conftrued to give permiflion to fuch per-c
fons as have removed themfelves, or have been removed under the compulfive authority of any law of
this ftate, or who have removed themfelves to avoid taking the oath of allegiance to this ftate, to return
thereto, or to avoid any fales of lands, tenements, hereditaments, or moveable property, by fuch perfons
bona fide made before their departure, or purfuant to an aft of Aflembly, pafled at the laft feffion of this
Afl^embly, entitled, «< An adi for declaring what crimes, and pradlices againit the ftate (hall be treafon,
and what fliall be mifprifion of treafon, and providing punifhments adequate to crimes of both claflTes, an4
for preventing the danger which may arife irom perfons difaffecled to the ftate."
Persons excep
Those removed
not to return.
CHAP. 18. An aci to regulate the pilotage of Cape-Fear and Occacock bars, and the rivers leading from the fame to Brunl-
Itep. 1783, 20. ' ^ojick, Wilmington, Ntivbern, Bath, and Edenton.
CHAP. 19,
Tempo; ary.
ChAp. 20.
Temporar).
CHAP. 21,
An aEi to enable the Govsf;:or to fend an aid from the militia to oppofe the enemies ^ oj the United States, if ih^ .;
fame /iJullhe requefled by congrefs. •
An a3 for eJlaUiUnngthe falaries of the Juflices oj the fuperior courts, and of the attorney^general . J
I.oaii-cffire.
Tieasiirerap-
jjoiuted.
AnnBjor tfiahliUnng a Loan -office in thisfiate.
WHEREAS the congrefs of delegates for the United States of America have recommended it tp
the diliertnt itates of the Union that loan-ofiices ftiould be eftabliftied in each of them, for the
pu/pofes of borrowing n.ioney to fupport the prefent war agaiuft pieat-Britain i
II. Bt' it ennEiedhy the General /.fjimhly of the State of North Cnrcliria, and it hereby enaBed by the authori-
ty ofthefnmey That a loan-orCjce be eftabliflied iu the town of Newbern, to receive ali fuch monies as may
be lent in tliis ftate, purfuant to the refoiutions of the faid congrefs ; and that fuch office be under the
dire£lipns of the congrefs of the United States, or their board of trqafuxy, ugreer-We to the rules and re-
gulations wliich are or may be eftabliftied for fuch purpofes. . _
III. 4nd be it further enacted by tk^ authority aforefaid. That th^ general aikrnbiy {hall, by joint ballot of
both houfes, appoint a perfon to execute the feveral dutie;! to the loaa-ofRce appertaining, who fhall be
called the treafurer of the loan-office for the 'late of North-Caroiina ,• "and t:ic faid trcafuier, before enter-
ing on the execution of his oflice, fliall give bond, v.ith fufficjent fureties, to Ix- approved by the governor
To give bond, g^^j council, in the fum of three hundred thoufand dollars, ' payable to the Governor and his fucceflbrs,
conditioned for the due and faithful accounting for all fuch ct-itificat«?s that he may receive from the con-
tinental treafury, and the payment of all fuch monies as ftiall be received on fuch certificates, in fuch niati-
ner as fhall be diredted by Congrefs ; and alfo duly and faiiHfully, to the utmoft of his power, to iflue ail
loan-oOice certificates which {hall come to his hands ; and lik: wife well aiid faithfully to difcharge all the
other duties of the faid office, in fuch manner as the faid Congrefs have direded, or may direft : and fuch
treafurer {liall, and is hereby declared to be entitled to all the commilTions, fees, perquifites and pro{its,
allowed by the Congrefs for fuch fervices ; and {hall be exempt from fefving in the militia, or doing any ■
duty as militia man, during his continuance in the faid office.
Allowance.
IV. And for the eafe and convenience of perfons wjio may jncUne to lend monies to the United States on 2,1777. '24:5
the faid certificates, and to the end that the loan-office may more fpeedily, and with lefs expence to in- (.^.^v^*^
dividuais, be fupplied with money for the faid purpofes ; Be it ena£fed by the authority aforefaidy That the May appoint
faid treafurer (hall be, and he is hereby empowered to appoint a deputy in each of the towns of Salifbury, tl^P""".
Hillfborough, Halifax, Edenton, and Wilmington, for whofe conduct the faid treafurer (hall be anfwer-
iable ^ and the faid treafurer fhall account for all certificates that (hall be to them delivered, and for all
monies to he by them received, in the fame manner as for certificates delivered, or monies paid to himfeif,
\}Vk virtue of this a£):.
An aB declaring "what fences are ftifficienty and to provide a remedy for ahufes. CHAP. 22.'
"V'T THERE AS the peace and harmony of every neighbourhood much depends on good and fufficient Ante, p. 21.
y Y fences :
! II. Be it therefore enaBed hy the General AJfemhly ofihejlate of North-Carolina, and it is hereby enaBed by What a lawfal
the authority oj the fame. That every planter (hall make a fufficient fence about his cleared ground under ""'^««
cultivation, at leaft five feet high, unlefs where fome navigable ftream or deep water courfe fliall be, that
i^ay be deemed fufficient inftead of a fence aforefaid.
III. And be it further enacted by the authority aforefaid, That upon complaint made by any perfon to any Manner of pro*
jeftice of the peace of the county of any trefpafs or damages done by horfes, cattle or hogs, it (hall and l^respas^eT 3xq
may be lawful for fuch juftice, and he is hereby authorifcd and required, to caufe to be lummoned two co.-nmitted.
freeholders, indifferently chofen, who (together with himfelf ) (hall view and examine, on oath, whether
the compl linant's fence be fufficient or not, and what damage he hath fuftained by means of the trefpafs,
and certify the fame ynder their hands and feals ; and if it (hall appear that the faid fence be fufficient,
^hen the owner of fuch horfes, cattle or hogs, fliall make full fatisfa<9:ion for the trefpafs or damages to
the pirty injured, to be recovered before any jurifdidticn having cognizance thereof; but if it fhall ap-
pear that the faid fence be infulHcieiit, then the.ov/ner of fuch horfes, cattle or hogs, fliall not be liable to .^
make fatisfaction for fuch injury or damages as aforefaid.
IV. And be it further enaSied by the authority aforefaid. That if any perfon whofe fence fhall be adjudged Owners of uti.
infufficient, fliall with guns, dogs, or otherwife, unreafonably chafe, worry, maim or kill, any horfes, '*^^"^f^"'=est«
cattle or hogs, or caufe the fame to be done, fuch perfon fo offending (hall make full fatisfaftion for all \l^ *™ages,
fuch damages to the party injured), to be recovered as aforefaid.
An act to enccurage the building of public mills, and directing the duty of millers. CHAP. 2^.
I. ~Ty E it enacted hy the General Affembly of the fate of North-Carolina, and it is hereby enacted by the autho- Fulicmills.
a% rity of the fame. That every water grift mill already built, or which fliall hereafter be built, that
hath or (hall at any tjme grind for toll, fliall be held and deemed, and is hereby declared to be a public
mm.
II. And be it furtJjfr enacted hy the authority aforefaid. That any perfon willing to build fuch mill, who W^^.ne'ofp"-
hath land only on one fide of a run, fliall exhibit his petition to the county court, and therein fliew who ^g'^sj'le^f a*
is the proprietor on the pppofite fide of the run, whereupon a fummons fhall iiTue to fuch proprietor to ap- run only is
pear at the next court, and anfwer the allegations of fuch petition ; and the court alfo at the fame time owned bv the
(hall order four honeft freeholders to lay off, view and value, on oath, an acre of the land of fuch propri- ^Pl" "^*"^'
etor, and alfo an acre of the land of the petitioner oppofite thereto, and to report their opinion and pro-
ceedings thereon to the next court, and thereupon the court (hall order the faid report to be recorded ;
and if it take not away houfes, orchards, gardens, or other immediate conveniencies, (hall and may, and
are hereby empowered and authorifed, to grant leave to the petitioner, or fuch proprietor, to ere£l fuch
mill at the place propofed, as in their difcretion (hall feem reafonable, and to order the ccfts of fuch peti».
tion to bepaidt»y the perfpn to whom fuch leave (hall he granted.
III. Provided always. That the perfon to whom fuch leave is granted (hall pay down in court, for the Valuation paid,
acre of land he (hall obtain thereby, the valuation money, and procure a record to be made thereof, which
(hall be a good and efFeftual feizin in law to create to fuch perfon, his heirs and affigns, 3 fee Cmple in
fuch acre of land.
IV. And'provided alfo, That where any grift mill has been heretofore erefted by order of court, it fliall No mill within
TOt be lawful for any court, en the petition of any perfon whatever, to grant any part of the trad where- ^j^^''** ""'*'
Vol. I. . 3R
1
24-6 2, { 777. on fuch mil! ftan(Js, for tiie purpofe of building another miil within two miies above or below tha mill al- I
Vi^-Y"-^ ready erefted. ;
a^otheror'^'''* ^■- ^'^'"''^^^ neverthelefs , That it fliall not be lawful for any court to grant leave to any perfon to ere^l |
cr"e°ate^a nu- ^ f"^" ^° ^^ ^'^ overflow any Other mill, or create a nufance to the nsighbourhood ; any thing herein coa--
sance. tained to the contrary notwithftanding. ; i
Whentobe VI. Provified alfo^ That the perfon fo being feized, fhall within one year begin to build a water miU, '
bujlt. and finifh the fame within three years, and (hall thereafter keep up the fame for th*; ufe and eafe of all »
fuch as (hall be cuftomeis to it, other\Tlfe the faid land fliall return to the perfon from whom it was taken,
or to fuch other perfon as Ihall have his right, unlefs the time for furnilhing the fame, for reafons flicwn
to and approved of by the court, be enlarged.
Proviso fo^me VII. Provided likeivisf^ That if any water mill belonging to any perfon within the age of twenty-one-
c&wr<i,&c. years, feme covert, non compos mentis, or imprifoned, be let fall, burnt or otherwife deftroyed, that then
fuch perfon or perfons, and their heir or heirs, (hall have three years to rebuild and repair fuch mill, after
his or their full age, difcoverture, coming of found mind, or enlargement out of prifon.
Right ofap- VIII. And be it further enaSed by the authority aforefaid. That if any perfon fliall think him felf aggrieved '
^^ ' by the order or determination of the county court, he may appeal therefrom to the next fuperior court for
the diftrift in which the faid land doth lie, giving bond and fecurity as ufual ; which court fliall, and is :
hereby authorifed and empowered to take cognizance of the fame, and to confirm fuch order, orreverfe
the fame, and to give fuch judgment therein as the county court ought to have rendered,
to'mills'bij^lt by ^^' ''"^ ^^ it further enaEfed by the authority aforefaid. That every perfon who hath built any mill in con-,
order of court. Sequence of any order of court, and hath a£iually paid the money according to the valuation of any acre
of land as by this a£l direded, to be laid off and valued, fliall be, and is hereby declared to ftand feized
thereof, to him, his heirs and affigns, in abfolute property, in the fame manner, and under the fame re-
ftriitions, limitations and conditions, as if the fame had been originally granted by virtue of tlie powers
and authorities of this a<3:.
gHndln turn ^' "^"^ ^^ it further enaBedby the authority aforefaid. That all millers fliall grind according to turn, and
* fhall well and fufficiently grind the grain brought to their mill, if water will permit, and fhall take no
Vol, 2, 50. mpre toll for grinding than one fixth part of the Indian corn, and one eighth part of the wheat, in the dif- j
trids of Edenton, Newbern, Wilmington and Halifax, and the eighth of the corn and wheat in the dis- [
trids of Hillfljorough and Salifbury, and one fourteenth part for chopping grain of any grind ; and every ;
miller, or keeper of a mill, making default herein, viz. not grinding according to turn, nor weH and fut- \
ficiently grinding the grain, if water wiii permit as aforefaid, or exading or taking more toll than here- ;
in is fet down and allowed, fhall for every fuch offence forfeit and pay twenty-four Ihiltings proclamation. I
money to the party injured, to be recovered before any juft:ice of the county wherein fuch offence is com- !
. mitted, with cofts. Provided neverthelefs, Tljat it fliall be in the power of any fuch owner to grind, or ■
rovuo. caufe to be ground, his own grain, at any time he thinks fit, any thing in this a£l to the contrary not- I
withftanding. \
Mill measures, XI. yittd be it further enaSied by the authority aforefcud. That all millers fliall keep In their mills the follow- , j
nejrlia"^'^ ^°^ '"S nieafures, viz. a half bufliel and peck at full meafure, and alfo proper toll difhes for each meafure ; and j
pvery owner, by himfelt, fervant or Have, keeping any mill, and fliall be lawfully convi£led of keeping fah'e
toll difties, contrary to the intent and meaning of this aft, fliall forfeit and pay to the party injured five
pounds, to be recovered before any juftice of the county as aforefaid ; and in cafe fuch miller is a free
perfon, and keeps fuch mill for a (hare or for hire, and is guilty of any of the above offences, it fliall be
lawful for the owner to flop £b much of his fliave or hire, as will be fufficient to reimburfe himfelf for
fuch fine or fines as he fliall become anfwerable for, with all the charges that fliall become due thereon.
CSAV. S*. An aB to encourage the deflroying vermin in the feveral oountlet of ihisflatt. EXP.
CHAP. 25. -An aB to prevent burning thewsods.
WHEREAS the frequent burning of the woods is found fo bs deftrudive to cattle and hogs, ex-
tremely prejudicial to the foil, and oftentimes of fatal confcquences to planters and farmers, by
deflroying fhcir fences and other improvements : for prevention of which evils.
In what man- jj. jjg ,> enaBed by the General Affemhly, ofthejiate of Nffth-Cf.roiina, and it is hereby enoBei by the authori-
be'setrre\o?^ *y' *^^^ ^'""^> ^^^^ ** ^^^^ "0' ^^ lawful for any perfon whatloever to fet fire to any woods ex?pp.t jt be
his own property, and in that caf« it ftiaU not be lawful for him to fet fire to his own woods without firil 2,1777, 247
giving notice to all perfons owning lands adjacent to fuch wood-lands intended to be fired, at leaft two
days before the time of fatting fuch woods on fire, and alfo taking effecfiual care to extingui(h fuch fire
before it fhall reach any vacant or patented lands, contiguous to or adjacent fuch lands fo fired.
III. \_Provide.d for other-wise by 0^, dpril \lB2,ch. 29.]
IV. And be it further enaSied by ihe authority aforefaidy That if any flave, free negro, or mulatto, or vagrant p
perfon, unable to pay the fine aforefaid, (hall be gonvifted of fettjng fire to any woods, contrary to the true groes, &c. Vio-
^leaning of this ai£t, fuch perfon, on convidion thereof ihall l^»ye and receive on his bare back thirty-nine latingth.s ad.
laQies, well laid on, at the public wnipping-poft.
An act for Itvying a tax J or ihe year one thoufand (even hundred and feventy-eigbt. chap '>R
Temporary.
An aB to facilitate the navigation. of port Currituck. chap 28
'HEREAS the ere£iing of ftakes and beacons from Albemarle through the found to Currituck Inlet 17^33 20.
will tend much to the intereft and advantage of fundry merchants, mafter* and owners of veflels,
belonging to this ftate, in negociating and carrying on their bufinefs, trade »nd commerce to and from the
ftate of Virginia ;
n. Be it therefore enaBed by the Gener / AjfemUyy of thefiaie of NorthTCarclinay and it is hereby enaBed by Comm ssionera
the authority of the famey That John Humphries and Thomas Taylor be, and are hereby conftituted and ap- for clearing the
pointed commiffioners, and authorifed and empowered to agree and contraft with fuch perfon or perfons "*^'S^"°"'
asar« willing and fit to be employed, for clearing away and removing any obflruiSlions found in the chan-
nel from Albemarle through the found to Currituck Inlet, and for ftaking out the fiiid channel, and ereft.
ing beacons, for the better difcovery thereof by fuch maflers of veflels and mariners as (hall fail along the
fame, in fuch manner as the faid commiffioners fhall conceive will beft promote the navigation pf the faid
port, provided that the fum they fhall engage to pay the perfon or perfons fo doing the Cervices aforefaid,
do not exceed the fum of one hundred pounds.
Jil. And for reimburfing the faid commiffioners the fum they may expend for the purpofes aforefaid, Tax laid,
and for keeping up the faid ftakes, beacons, and other marks, necefTary for indicating and pointing out the
faid channel for the future ; Be it further enacted by the authority aforefaid^ That the mafter of ev^ry vefiel
failing to the faid port (hall pay to the naval-oificer of thie faid port the fum of two dollars, before his veflel
{hall be cleared out, to be paid to, and applied by the faid commiffioners for the purpofes aforefaid.
IV. And be it further enacted by the authority alorefaidi That if any perfon or perfons fliall wilfully pull p^n fordes«
down, remove or deftroy, any beacon, ftake, or other mark, ere£ted or placed in virtue of this aft, he or troying bea-
they fhall for every fuch offence forfeit and pay the fum of five pounds, to be recovered before any jurif- '^o"*-
diftion having cognizance thereof; one half to the naval-officer of the faid port, to be paid and applied for
the purpofes and in manner aforefaid, and the other half to him or them that will fue for the fame.
An act for dividing Edgcomb county, and ether purpofes therein mentioned. CHAP. 30.
WHEREAS the large extent of the county of Edgcomb renders it grievous and troublefome to many
of the inhabitants thereof to attend the courts and general ele^ions, and other public meetings
appointed therein ;
II. Be it therefore enacted by the General Affenibly ofthefiatt ef North-Canl^nay and it is hereby enacted by the Uash ereded.
authority of the fame, That from and after the prefent feffion of affembly, the faid county of Edgcomb be di-
I vided by a line, beginning at the cool fprings, at John Powell's, on fifhing creek, thence running to the
falls of Tar river, from thence to the widow Rofe's on Contentney ; and that all that part of the late
county of Edgcomb which lies to the eaft of the faid dividing line, (hall continue and remain a diftinft:
county, by th^ name of Edgcomb : and that all that other part of the faid county of Edgcomb which lies
weft of the faid dividing line, (hall thenceforth be created into a new and diftinft county, by the name of
Nafti county.
{_The remainder unnecejary te be infer ted.}
B
An tiB for ereBing the HflriB ofWafhington into a county, ly the name of Wa/hington county. chap. SI.
E itcnaifedby the General Ajpmbly of tbe fate sf North-Carolina, and it is hereby mailed by the authori- Wash ngtop
ty of the fame. That the late diftrift of Wafliiugton, and all that part of this ftate comprehended «reaed.
248 2,1777. within the following lines, fhall be ere£ted into a new anddiftinft county, by the name of Wafhington
U*nr«««ii; county, viz. Beginning at the moft north-wefterly part of the county of Wilkes, on the Virginia line i
thence running with the line of Wilkes county, to a point thirty-fix miles fouth of the Virginia line;
thence due weft, to the ridge of the great iron mountain which heretofore divided the hunting grounds
of the Overhill Cherokees, from thofe of the Middle Settlements, and Valley ; thence running a fouth-
wefterly courfe, along the faid ridge, to the Unacoy mountain, where the trading path crofles the fame
from the Valley to the Overhills ; thence fouth with the line of this ftate, adjoining the ftate of South-
Carolina ; thence due weft, to the great river Miflifippi ; thence up the faid river the courfcs thereof,
to a point due weft from the beginning j thence due eaft with the line of this ftate, to the beginning ;
Part of Sa IS- And it is hereby declared, that all that part of this ftate comprehended within the lines aforefaid, fhall
from henceforth be and remain the county of Wafliiagton, and ftiall be^ and is hereby declared to be
part of ihe diftrift of Salifbury.
Part of Burke. H. ^«^ ^, it further enaSled by the authority aforefaidy and it is hereby declared^ That all that part of this
ftate lying weft of Rowan county, and fouth of the county of Waftiington, fl^all be, and is hereby de«
clared to be part of the county of Burke.
\The remaindfr unnepejfary to b$ inJertedJ\
CKAP. 32, An act for erecting part of the county of Surry y andpartofthediflrictofWa/hingtotty into afeparate and diftinct
county, by the name of Wilkes,
'HEREAS the large extent of the county of Surry, and the diftrifl of Waftiington, renders it
grievous and burthenfome to many of the inhabitants thereof to attend the courts, general muf-
ters, and other public meetings therein ;
Wilkes crease*, II. Beit therefore enacted by the General AJfemhly of thefiate of Nerth-Carolina, and it herfby enacted by the
authority 0/ the fame, That from and after the fifteenth day of February next after the paffing of this a£l,
jhe faid county of Surry and diftri£t of Waftiington be divided by the following lines ; beginning at a
point twenty-fix miles due weft of Surry court-houfe, thence north to the Virginia line, thence weft along
the faid line to the ridge that divides the waters of Holftein and New rivers, thence along the faid ridge ',
to Burke county line, thence eaftwardly along the line that divides the counties of Surry and Burke to j
Rowan county line, thence along Rowan county line to a point due fouth of the beginnijig, thence north '
' to the beginning, be erefted into a dlftincb county, by the name of Wijke^.
^The remainder unneceffary to be inferted.']
CHAP. 33. An act for adding part of the cou nty cf Dup/in to Johri/Ionf
WHEREAS the upper part of Duplin county is very extenfive in length, which renders it burthen-
fome to the inhabitants of Johnfton and Cumberland counties, by reafon of the faid county of
Duplin running up twenty miles between Johnfton and Cumberland counties, not more than three miles
wide, which obftruds the making of roads and keeping them in repair, much to the injury of the inhabi-
tants of the aforefjvid counties, and damage of travellers :
Parto£ Duplin JI. Be it enacted by the General Affembly ofthsjlate of North Carolina and it is hereby inaEied by the authori-
to Johnston. ^^ ofthejame. That all that part of Duplin county above difmal creek be added to the county of Johnfton,
and that it be divided by faid creek, beginning at the mouth of the creek, Cumberland hne, thence run-
ning up the meanders of the faid creek an eaft courfe to Johnfton county line -, and that from and after
the paffing of this aifi, that all that part of Duplin county above faid creek be annnexed to, and made
part of the county of Johnfton, and the Inhabitants thereof fiiall be fubjeft and liable to t^e fapie rples,
orders, taxes and privileges, as anv other the inhabitants of the cpuuty of Johnfton.
CHAP. 36. An aEl for levying a tax for defraying the coiitingennes cf the fever alrountits in this fiate, and other
1. l?84, 30. ' purpofes. ^ '
Vci. 2. 78, TTCTHEREAS it is neceffary lo make provifion for difchargmg the contradts and agreements hereto- >
VV fore made by the inferior courts in the fever al counties in this ftate, and for other good and ne- 1
ceflary purpofes :
11. {.Repealed by act MryylTiQ.Ch.^.-i
Justices to or- III. And be it further enaHed by the authority ciforefaid. That the Juftices of the feveral county courts ii» ,
to brcoii'nS this ftate (hall, during the fitting of their refpedive courts to be held next after the firft day of July, in *
tfte year of our lord one thoufand feven hundred and feventy-eight, and fo at fuch courts yearly, and every 2, 1777. g+S
yeari proceed to confider what fums of money will be neceftary and fufficient for the purpofes mentioned V^'v^*^
in tills aft, and for the other contingencies of their refpcclive counties ; and in cafe they fhould determine
that the tax by this aft impofed will be greater than the inhabitants of fuch county can conveniently pay,
or will raife more money than will be wanted for the aforefaid purpofes, the court may order that the coi-
leftors do colleft only fo much thereof as they may think neceflary and expedient, and the public collec-
tors are hereby empowered and required to colleft the fame accordingly, and no more, of the tax by this
•aft laid on taxable property, any thing herein before contained to the contrary notwithftanding : and the „
faid court (hail, and they are hereby required, in each refpeftive county, during the term aforefaid, to trustee. '"'^
appoint one good and proper perfon to aft as a truftee for one year for the purpofes herein mentioned,
- which appointments (hall be entered on the records of the faid court ; and the perfon fo appointed, after
giving bond and fufficient fecurity for the faithful difcharge of his duty, agreeable to the direftions of this
aft, and the orders of the court, is hereby direfted, and fliall have full power and authority to fue for,
recover and receive from the late flieriff of the county, and from all other perfons, all monies which
may be m their hands due and payable to, and for the ufe of fuch county, and (hall alfo receive from the
cblleftors all fuch fums of money as they fhall be liable for in virtue of this aft ; which monies the truftees
refpeftively fhall apply as the county court may direft, and to no other ufe or purpofe whatfoever.
IV. And he it further enacted by the authority aforefaid. That in cafe of the death, difqualification, ne- Succession of
gleft, or refufal to aft, of any of the truftees by this aft to be appointee, the court of the county where *''"*'"^ ^*P*
fuch death, difqualification, negleft or refufal fhall happen, may proceed to appoint one other good and
proper perfon to up fill fuch vacancy until the next annual appointment, under the rules and regulations
before defcribed ; and fuch truftee during his continuance in that appointment, fhall have the fame powers
and authorities which by this aft are given to other county truftees : and the county courts in this ftate
are hereby refpeftively invefted with full power to direft the applicntion of all monies arifing by virtue of
this aft to and for the purpofes herein mentioned, and to any other good and necefTary purpofe for the ufe
of the county, and may allow the county truftee a reafonable falary out of the fame for his fervices.
V. And be it alfo en i Bed by the aut'ority nforesaid, Th; t every freeman in this ftate (other than foldiers in "^^^ '" ''^^ °'-
the continental fetvice) who does not pofTefs the value of one hundred pounds in taxable property fhall pay X779 3.
annually a tax of one fliiUing in lieu of afTefl'ment on property, v^hich fum fhall be coUefted and accounted
for as other taxes mentioned in this aft ; and in cafe any juftice of the peace, or truftee of any county in
tliis ftate, fhall negleft or refufe to do and perform the feveral and refpeftive duties by this aft required per. on persons
or any of them, or if the clerk of any county fhall negleft or refufe to furnifh the feveral colleftors in due negleaing vheir
time with attcfted copies of fuch orders as the court of his county may make refpefting the colleftion of dutyi
the aforefaid tax, the perfon fo ofP.^iding, refufing or neglefting, fhall forfeit and pay for every negleft or
refufal the fum of Eve pounds good and lawful money of this ftate ; to be recovered by aftion of debt,
in the name of the governor or commander in chief for the time being, to and for the ufe of the county
where the offence was committed.
An aB for adding part ol Brunfv ich county to Bladen, and part of Bladen to Brunfnvick county. CHAP. 3$.
"HEREAS that part of Brunfwick county on the weftern fide of Waggamaw lake, lying between the
dividing line of Brunfwick and Bladen counties, and the fwamp called the Devil's elbow, renders
it extreme'y inconvenient for the few perfons who refide thereon to attend courts and public duties in
Brunfwick county, being obliged to go a confiderable diftance into Bladen county, and to make a large
circuit before they can get into their own county on any direft road ; and whereas the lands on the nor-
tliern fide of the faid fwamp is of eafy accefs on the Bladen fide, and proves an afylum for vagabonds and
perfons of evil fame, who do not pay taxes in any county, and are out of the reach of any procefs that can
ifiue from Bladen, to the gteat prejudice of the neighbouring inhabitants ; and whereas thofe parts of Bla-
den county on the eaftern fide of the Northweft river, as high up the faid river as Brunfwick county reach-
es on the weftern fide, make part of the plantations of the inhabitants of Brunfwick county who live on
the faid river, and will make it very inconvenient and expenfive for them to give In their lands and other
eftates in Bladen county, and fubjeft them to many other inconveniences : for remedy whereof,
II. Be it enaSted by the General A/pfnbly oftheflate of North-Carolinay and it is hereby enaBed by theautho- Part ofBIa^
rity of the fame, That all that part of Brunfwick county on the weftern fide of Waggamaw lake, lying be- *° "*"***
tween Brunfwick and Bladen line, and the fouthern fide of the fwamp known by the name of the Devil's
Vol. I. 3S
ySO 2,1 777. Elbow, beginning at the outlet from the faid lake, and running round the outermoft fide of the faid fwamp
called the Devil's Elbow, until it interleds the faid line a fouthwell courfe to the province line, Ihall be,
and is hereby added to, and ma'fe part of Bladen county . and that all thofe pares of Bladen county lying
on the eaftern fide of the Northweft river, beginning at the upper corner of the plantation of John Grain-
ger, fen. Efq. on the fame fide of the river, and running thence a northeaft courfe to Black river, inclu-
ding all the lands from the faid line downwards to New-Hanover line, be, and are hereby added to, and.
made part of Brunfwick county.
\_rhe rtmaindcr unneccjjary to be infeitLd.'\
CHAP. 42. An aB for adding part of Anson county to Bladen.
"HERE AS the Inhabitants of the lower end of Anfon county labour under great inconveniencies in
attending the courts and other public meetings of the faid county at the court-houfe tiiereof, and
being more convenient for thofe purpofes to the county of Bladen, are defirous to be annexed thereto ;
Part of Anson Yi. Be it therefore enaSied by the General AJfemhly of the Jiate of North-Carolinoy and it it hereby enacied hy
,0 Bladen. ^^^ authority ofihefantey That James Pickett, Charles Medlock, Abraham Barns, and Richard Smith, Ef-
quires, be, and they are hereby appointed commiflioners, and they, or a majority of them, are required
and dire£led, within three months after the pafling of this aft, to run and mark, or caufe the fame to be
done, a line from Drowning creek bank, beginning where Overflieet's bridge formerly was, thence run-
ning the fhorteft courfe to the dividing line between this ftate and the ftate of South-Carolina •, and all
that part bounded to the lower end by the line above diredled to be marked, and along the faid fouth line
to where it crofles Drowning creek, (hall be, and is hereby annexed to, and made part of the county of
Bladen, and the inhabitants thereof (hall be fubje£l and liable to the fame rules, orders, taxes, and privile-
ges, as any other of the inhabitants of the faid county of Bladen.
THE TITLES OF THE PRIVATE ACTS.
27 An aS for appointing commissioners to lay off and mark % therorthern part of Orange county into a dislinfl county,
roid from theccurthouse in the ceunty of Washington, by the name ot Caswell,
through the mountains into the county cf Burke. 43 An afl for erapow eri-.ig commissioners to bui d a prison aud
29 An afi lo empower the couits for the counties < f Tryon and stccKS in the county of Duplin, and other pnrposes there-
Guilford to lay a tax by assessment, for finishing the in mentioned.
court-houses, prison and stocks, in the said coimties ; and 44 An aft to ratify an aft, entitled, " An Z.Q. for the better regu-
also to empower the several counties in the distrift of lation of the .own of Newbsrn, and far securing the ti-
Wilmirgton to levy taxes for building a distriA gaol, and ties of persons who-hold lots in the said town ;" al -o to
gaoler's house, in the town of Wilmington, and other ratify an a<S, entitled, " An aft for the better regulation
purposes. of the town f -" Newbern, and for securing the tales of
34 An aft for erefting a prison in the town of Edentony for the persons who hold lots in the said town ;" a so to ratify
district of Edenton. , an act, entitled, An aft for aivending an aft. cntit ed, an
35 An aft to ratify and confirm an aft, entitled, " an aft foiethe, aft for the better regulation of t]|p town of Newbern, and
regulation of the town of Wilmington ;" also to revive an for securing the tides of persons who hold lots u\ the said
aft, entitled, " an aft for the legulation of the town of town."
Wilmington," 45 An act for the regulation of the town of Edenton
37 An aft for securing lots in E'izabetU town, in Bladen county. 46 An aft for the ease and convenience of the militia on the
39 An aft for building a courthouse in the town of Salisbury, west side of Newport, in Cirtcret county.
for the distrift of Salisbury. 47 Au aft for establishing fairs in the town of Wilmington in
40 An aft for laying a tax to defray the expence of the public New Hanover county.
buildmgs in the county of Burke, and otherpurposes there- 48 An aft for the better rigalation and ease of the militia in the
in mentioned. lower end of Hyde county.
41 An aft to amend an aft, passed the last session of this as- 49 An aft for altering the name of John GilUud to that oC
semblv, entitled, " an aft for establishing a new county John Isler.
between Hillsborough and the Virginia line, by erefting
B£ad three tShes/akid ratified in General Assembly, thetwenty-fourth day of December, 1777.
Signed by Samuel Ashe, s, s.
AbnerNash, 6. c.
1778. 251
At a Gi^^NERAL ASSEMBLY^ begun and held at Newbern, on the Four- RichabdCas-
teenthDay of April, in the Year of our Lord One Thousand Seven Hun- Gov^Bor."^'
dred and Seventy-eight, and in the Second Year of our Independence -:
licing the First bession of this Assembly.
An a3for raifmg men, to complete toe continental battalions belonging to thisjiaie. chap. 1.
Temjjorary.
An a£i for the rejiraint of vagrant Si and preventing defert ion, CHAP. 2 .
Part of the aft temporary! the restprovided for I, 1784, 34.
dn a& to amend an aSf, entitled, " An aft for eft,3b!i{hing officers for receiving entries of claims for lands chap. 3.
in the feveral counties within this ftate, for afcertainin^ the method of obtaining , titles to the fame, Ante, p. 205.
and for other purpoles therein mentioned." j^ jl^^ marein.
*■ "* TtHERE AS it has been fonnd by experience that divers parts and claufes in the fald a£l are defedl-
VV ive, fo as to require in fome places an explanation, and in others an amendment ;
II. Bf it therefore enabled by the General Afembly oj the Jiate of North'Carolina, and it is hereby enabled by Fees returned
'he authority of the fame. That in all cafes where the quantity of land furveyed {hall fall fliort of the entry, ^^^^^ 'a^'^'*
:hat the entry takers for each and every county in this ftate (hill and they are hereby commanded and re-
quired, to refund to every perfon who already hath> or hereafter may make any entry, the exafl deficien-
;y which fliall or may appear betwixt the aftual furvey and the entry, on the return of the faid furvey.
III. And be it alfo enaSled by the authority aforefaid. That no entry taker for the future ftlall prefume to Surveyor's fees
:ake or receive the fees due by law to the furveyor, but that the fame (hall be paid to the furveyor him- P*"^ " ^""'
"elf, at the time he really makes the furvey, by the perfon requiring fuch fervice ; and that all the fees
heretofore received by entry takers for the ufe of any furveyor, be on application fairly returned to the
aerfon who made the entry, and paid fuch fees.
IV. And whereas by an a£t of this prefent feflion of Aflembly it is provided, that two thoufand fix Disputed
lundredand forty eight efteftive men be immediately called forth from this ftate into the fervice of the clairas suspend.
[Jnited States, for a fpace of time therein mentioned •, and whereas by reafon of fuch fervice, great in-
jonvenience and difappointments may arife to thofe of them who hath made, or may make any entry of *
t claim for lands in this ftate, refpe<3:ing a completion of their titles : Be it enaSied, and it is hereby enaSied ,
\y the authority aj or ef aid. That in all cafes of difputed claims, where any of the perfons aforefaid, or any
bther perfon in the continental fervice from this ftate, may be a party, that all proceedings thereupon be
jufpended and ftopped until the firft day of May, one thoufand feven hundred and feventy-nine, or until
:he legiflature ftiall take further meafures thereupon •, and every procedure contrary to the true intent and
peaning of this feftion, is and are hereby declared to be utterly void, and of no force or efFeft in
tpw, of which all entry takers and furveyors are exprefsly required and commanded to make due obferv-
pce.
I V. And he it further enaBed by the authority aforefaid. That for the future; rio petlon (hall prefume to No lands enter.
jmter or furvey any lands within the Indian hunting grounds, or without the limits of the land heretofore ^^ '"**'* Indian
jfeded by the Indians, or conquered from them, which limits weftward are hereby declared to be as fol- °"" *<
pws, that is to fay. Beginning at a point in the dividing line which hath been agreed upon between the
Cherokees and colony of Virginia, where the line between that commonwealth and this ftate (hereafter
b be extended) fhall crofs or interfe£t the fame ; running thence a right line to the north bank of Hol-
Tein river, at the mouth of Cloud's creek, being the fecond creek below the Warrior's ford, at the mouth
f Carter's Valley, thence a right line to the higheft point of a mountain called the High Rock, or Chim-
ley Top ; from thence a right line to the mouth of Camp creek, otherwife caled M'Names's creek, on
252 1778.
Entry Takers
when lo ac-
count,
Dividing lines.
Houses of wor-
sliip secured.
Repealing
clause.
the fouth bank of Nollechuckie river, about ten miles (be the fame more or lefs) below die mouth of
Great Limeftone; and from the mouth of Camp creek aforefaid, a fouth eaft courfe, to the top of ,the
ridge of the mountain called the Great Iron Mountain, being the fame which dmdcs the huntmg grounds
of the OverhiU Cherokees from the hunting grounds of the IMiddle Settlements, and from the top of the
faid ridge of the Iron Mountain a fouth courfe, to the dividing ridge between the waters of French broad
River and the waters of Nollechuckie riyer ; thence a fouth wefterly courfe along the faid ndge, to he
great ridge of the Appalachian mountains which divide the eaftern and weftern waters 3 thence with the
faTd dividing ridge, to the Une that divides the (late of South-Carolina from this ft at, : And that all en-
trts and fu?veys of land heretofore made, orwhichhereaftermaybem.de withm the fa,d Indian boun-
darts, are herlby declared to be utterly void, and of no force or efFed . and the entry takers for the '
counties of Burke and Wafliington ate hereby ftriaiy commanded immediate y to refund to ^hejj?'''
perfons all fums of money by them received for the purpofe of any entry witbm the Indian limits as afore-
faid. their own fees for making the entry included. \ -; ;-v ,, , ,,.
VI 27*. it alfo further eJffed by the 'authority aforesaid, That no entt^ taker m this Rate Ihall be obhg-
edtopay intothe treafuryanyfumorfumsofmoneybyhim received on account of any entry of lands
with Wm made, until the expiration of three months after the date of fucK entry j any law, ufage or
^tlT^rl^r/S^W-^^^^^^^^^ That the furveyors ^all run a,I dividingline.
between party and party, according to the dire^lons they may receive from theni, or agreeable to direc^
tionTfromaJury. in clfos of contefted and difputed claims, without regarding the cardmaIp6^lt, ; an|
^m ^W ^;!1^J: tS^^;:S^;S^:^U mt .1 houfes .nd edlHces ereaed for' ; an|
dedTc"idt4e wiip of AlmigLy God, wL/e the [-^ -y W^^^^^
lands together with two acres adjoining the fame, (hall hereafter be held and kept acred lor divine wo^.
IX And be it further ena£ied bv the authority atorejatdy inat lo mucn ui an -.-i. ^ , z-^' u 41
u f; i for opSng the land Office. &c.» p'afledit Newbern in December one thoufand [even^hund^
red and feventy.feven, which comes within the purview and meaning of this aft, be, and the fame «
hlbydecTareLo be repealed and made voi^ as if the fame had never been made.
CHAP. 4. An aH to
CHAP. 5.
s,&c.en>
Statue
forced.
Ails revive!.
- ■ 'S. and fuch parts of the common 14 .-^^^^^^^^.^^^
der the
™°cad: playing'and other ^eceitfvU gainmg.^p^a ^
year one thoufand feven hundred and fevcnty ; «}f ^^ ^ ^^ '^^^j^ and p.fTed at Newbern the Hxih daf
aft for the better regulation of the town of Nev/bem, and for fecuring the titles of perfons who hold ;ots 1'778. 253
; in the faid town ; alfo to ratify an ac^ entitled '< An z(\ for the Ijetter regulation of the town of Newbem, ■v«*'v^*J
and for fecuring the titles of perfons wJio hold lots in the faid town ;" alfo to ratify an aft entitled " Art
aift for amending an a£l: entitled " An a£l for the better regulation of the town oi Newbern, and for fe-
curing the titles of perfons who hold lots in the faid town ;" be, and are hereby revived, and declared to he
in force, fo far as the faid acEls are not deftruftive of, repugnant to, or inconfiftent with the freed<Mn and
j|, independence of this ftate, and the form of government therein eftablilhed. *
. - '
\ An an allowing Jalarits to the governor :fecr«tary, delegates, treafurers, and members of the council df en kv. 6,
fiate, and ether purpofes. exp.
An ail to eJlailJJ^ rules to he obferved in JoUmhizing the rit s o^ matrimony,, CHAP, 7.
WHEREAS it is abfoluiely neceHary tliat rules flioujdbe obferved-conceming celebrating the fitesof Ante, p. 45,
matrimony ; 1^7.
II. Be it therefore ehaBedhy the General Affemhly of the State of North Carofitta, and it is hereby enabled by the Matrimony
mthority of the fame y That all regular minifters of the gofpel of every denomination, having the cure of fouls, ^?"' w'e'nn'a
i and all juftices of the peace in this ftatCj are hereby authorifed and empowered to folemnize \\xe jrtesoi"
matrimony, according to the rites and ceremcn es of their refpedive churches, and agreeable to the rules
I in this a£l prefcribed ; and the faid minifters may demand and take for every couple by them married, if
by licence, the fum of twenty Ihii lings lawful money of this ftate^ and if by publication, tile fum of ten fliil-
^ings like money, to their ufe, and no more.
III. .nd be it further enaSled by the at/tbority nforefatdy That the clerk of each county court is hereby au- *''ce'>«-
tliorifed and empowered .to grant marriage licences to any perfon applying for the fame, firft taking bond,
in the name of the goveriior for tlie time being, and his fucceflbrs, with fullicient fecurity, in the fum of
five -hundred pounds lawful money of tliis ftate, with condition that there is no lawful caufe to obftruft
.^he marriage for v hich fuch liceni^e is defired, to be recovered by a£lion of debt, in any court of record
having cognizance tliereof, by the party grieved : v/hich bond aforefaid ftiall betaken, and licence granted
by ^e clerk of the county in which the feme refides, which licence (hall be directed to any autliorifed mi- i
nifter or juftice of the peace, and may demand and take the fum of fixteen (hillings lawful money of
this fixate, and no more, for his fervice in taking bond and granting licence as aforefaid.
iV. And he it Jurther ena8ed by the authority aforefaid, That every minifter of the gofpel, qualified as in Banns,
ithis a£l before dire£l:ed, or any other perfon appointed by their refpe£live church as a reader, is hereby
authorifed and empowered to publifh the banns of matrimony between any two perfons requefting the
fame, provided that every publication (hall be made three feveral Sundays in the congregation immediate-
ly after or during divine worlbip, and (hall give a certificate of fuch publication when demanded, direfted
ilo any authorifed minifter or juftice of the peace, and may demand and take for his fervice, the fum of
four (hillings lawful money of this (late, and no more. Provided, That the people called Quakers fiiall
(till retain their former rules and privileges in folemnizing the rites of matrimony in their own church,
any thing in this aft contained to the contrary notwithftanding,
V. And be it further ena^ed by the authority aforefaid. That if any tniiwfter or juftice of the peace (hall Pen. formawy-
knowlngly join together in matrimony any two perfons, in any way or manner other than by this aft di- '"8 unJaw/ully.
reft ed, fliall forfeit and pay for every fuch offence the fwm of fifty pounds lawful money of this ftate ; to
be recovered by aftion of debt, in any court of record having cognizance thereof, one half to him that (ball
fue for the fame, and the other Iralf to be appHed by the court to the ufe of the county wherg^^ich forfei-
ture arifeth, and be alfo liable to an aftion of damage to the party grieved : And if any clerKlHKl know- Onclerkgrant-
ingly grant marriage licence, in any way or manner oth€r than by this aft direfted, he (hall forfeit and pay ing licence.
for every fuch offence the fum of one hundred pounds lawful money of this ftate ; to be recovered and ap-
pliedas other fines in this aft ^^fore direfted, sad be alio Kable to an aftion of damage to the party grieYed.
AnaSto em^onver the county courts of pleas and quarter fejftons tH this ftate to order the Jayhg ^^blic reads, chap. -8.
• end ejlablifb and fettle ferries,«nd otbtr tu^ofes ther^itunmtimed. Rep 1782,19,
1784,14.2,
Vol. I. 3 X
254- 1778. An a^ for procuring a great feal for this Jiate. I
^-'■v-**'' \TK THERE AS it is neceflary that a great feal be procured, to be ufed by the governor for the time ba
CHAP. 9, yy ing as the feal of this ftr.te : '''
Gre.;cseul. H. Be it therefore enaBed by the General AJhmhly rj the Rate of ■xorth-CaroHm, and it is herely enaHted i
the authority of the fame. That William Tifdale, Efq. be and he is hereby appointed to cut and engrave!
feal, under the.dire£t:ion of his excellency the governor, for tlie ufe of the ftate •, and the faid feal, whet
engraved, fliall be called the great feal of the ftate of North-CaroUnn, and (hail he ufed and affixed by thi
governor for the time being to alf grants, proclamations and other public a£l3 of the executive authorlt]
of this ftate.
■ ^
CHAP. 10. An qct to compel the late officers of the militia in this fl ate ^ to account for and pay to the fucceeding commanding of-
ficers all monies in their hands arifing from the fines of delinquent ' . '
WHERE A.S niany officers of the militia have col e£ted large fums of money by virtue of the law ai
fines on delinquents, and refufe or negleft to account for the fame ;
offic'rs"havi'nj* ^^' ^^ it enacted by the General AJfembly oj the Rate of North-^Carolina, and it is hereby enacted the authority
moieyin their of the same, That from and after the paffiiig of this a<Sl, it (hall and may be lawful for the commanding
hands. officer in each county within this ftate, and he is hereby required, to iflue citations to all or any of thi
late officers whom he may fufpefl to have money in his or their hands arifing from the fines on delin<
quents, to appear at the fucceeding court martial, and fully account upon oath for all monies by him 01
u them colle£led as aforefaid. 1
jpPen. forrefu- III. .^nd be it further enaSted by the authority aforefaid. That if any perfon cited as aforsfaid at leaft tei
singtaappsar. days before the fitting of the court martial, and (hall refufe or neglefl: to appear, or appearing, refufe t(
account for and pay into the hands of the prefident of the court-martial, all fums of money in their handi
collefted from fines as aforefaid, fuch perfons negle£ting or refufing on fuch citation, due proof betnj
made thereof,, ftiall forfeit and pay the fum of one thoufand pounds ; to be recovered by the prefident oJ
the court-martial, who is hereby requited and directed to fue for the fame, by atlion of debt, in an/
court of record having cognizance thereof, the one half for the ufe of the county, towards leflening Hh
I county tax, and the other half to be applied as other fines directed by the militia law.
Officer to lay ^ IV. And be it further ena5ied by the authority aforefaid. That the commanding officer of each county
foie^'^before the *" *^'* ^^^^ ^^^^ ^^^ before the court-martial in his county once in every year, a true account of all th«
couf t mwtial, ^"^ money in his hands, and the dilburfements, ftiewirvg the quantity of arms by him purchafed, andhoni
they are difpofed of j and in cafe of negle^ or refufal of any of the faid commanding officers, he Ihali
forfeit and pay the fum of five hundred pounds ; to be recovered by aft ion of debt, in any court of record
having cognizance thereof, by any of the militia officers within the county where he refides, to be applied
as other fines in this a£l direfted.
CHAP. 11. An aSi to amend an aEl, entitled, " An aft to regulate the pHotage of Cape-Fear and Occacock bars, and tbt
Rep. 1783, 20, r^vers leading from the fame to Brunfwick, Wilmington, Newbern, Bath and Edenton."
CHAP. 12. An a£f to prohibit the exportation of beef fporkfhaemt and Indian corn. exp»
CHAP. 1 3. jfn aB more effeSually to punifb the perfons concerned in any oftbeftveral fpeciet of counterfeiting in this flaft,
Provided fo. by subsequent aas. J r j r j j j jr j J t> J
CHAP. 14. An aH for afctrtaining fheriffs and conflabksfees in this Rate,
JProvided for by subsequentftAs.
CHAP. 15. AnoSi for repairing fort Johnjlon, near the entrance of Cape-Fear river.
lemporary.
CHAP. 16. An aBfor quieting andfecuring the Tufcarora Indians, and others claiming under the Tufcaroras, in the pojfef^
on of their lands.
Xlii, 23. 25. T^^ '' '"?'^'^ h *^' General AJfembly, and it is hereby enaSed by the authority of the fame^ That Whitmel
VSs) 21. X3 TufFdick, chief or headman of the Tufcarora nation, and the Tufcarora Indians, now living in th^
county of Bertie, fhall have, hold, occupy, poffefs and enjoy, all the lands lying in the county of Ber,
tie aforefaid, whereof they are now leized smd poflefled (being part of the lands heretofore allotted to th*
Indians aforefavd by folemn treaty, and confirmed to. them and their fucceflbrs by aft of Aflembly, in the 1778. 255
year one thoufand feve;\ hundred and forty-eight) without let, moleftation or hindrance, clear of all (..^-y^O
quit-rents, qr any publii demand hy wiy of tax whatever, to them the faid Tufcarora Indians, and their indianUndsse.
heirs and fuccefloxs and that they the faid Tuscaroras, and their heirs and fucceflbrs, fliall forever be "'■^'*'
clear and exempt from every kind of poll tax.
' II. And v/hereas the faid Tufcarora Indians, by nature ignorant, and ftrongly addided to drinking, No porc^ages
tnay be eafily impofed on by defigning perfons, and unwarily deprived of their laid lands; Be it enaBed by t" be made of
the authority afqrefuid. That no perfo^i, for any confideration whatever, ftiall hereafter purchafe, buy or leafe, Iheirlarukcur
any traft or parcel of land now claimed by, or in pofleflion of the faid Tufcarora Indians, or any of them ; tivated.
nor fhall any p rfon fettle on or cultivate the faid latids, or any part thereof, in his own right, or under
pretence as afting as overfeer for the Indians ; and if any perfon fhall hereafter purchafe, buy or leafe any
lands of the faid Indians, or fettle on or cultivate any part thereof, in his own right, or as overfeer for the
Indians, all fuch purchafes, fales, leafes and agreements, fhall be, and they are hereby declared null and
void; and the perfon fo purchaCng. buying or leafing, fettling on or cultivating the faid lands, or any
part thereof, fhall forfeit and pay the fum of three hunt -red pounds current money for every hundred acres
by him fo purchafed, bought or leafed, fettled on or cultivated as aforefaid, one half to the ufe of the faid
Tufcarora Indians, the other to the ufe of him or her who fhall fue for fame ; to be recovered by aftion But with con.
of debt, bill, plaint, or information, in any court having cognizance thereof. Provided, That the faid sent of the Ge-
Tufcaroia Indians may fell or difpofe of their lands, or any part thereof, with confent of the General Af- bwf A^*^"^-
fembly firft had and obtained.
III. And whereas the chieftains and headmen of the Tufcarora nation living in the county, did on the Former pur-
twelfth day of July, in the year one thoufand feven hundred and fixty-fix, for the confideration of fifteen chases from tke
hundred pounds to them paid by Robert Jones, Jun. William Williams, and Thomas Pugh, by inden- edf'*"*' ^^'^'"*
ture under their hands and feals, demife, grant, and to farm let, unto the faid Robert Jones, William
Williams, and Thom3S|Pugh, a certain traft of land lying in the county aforefaid, containing about eight
thoufand acres, more o' lefs, bounded as follows, to wit, beginning at the mouth of Deep creek, other-
wife called falling run -.thence running up the faid creek to the Indian head line ; thence by the faid line
fouth feventeen degrees eaft, twelve hundred and eighty pole ; thence a courfe parallel with the general
current of the faid creel to Roanoke river ; and then up the river to the beginning ; together with the
appurtenances thereto belonging, to be held and enjoyed by the faid Robert Jones, William Williams,
and Thomas Pughj thei^ executors, adminiftrators and affigns, in feveralty, for and during the term of
one hundred and fifty years, as may more fully appear by the faid indenture, regiftered in the county
court of Bertie aforefaid, and ratified by aft of aflembly, pafTed at Newbern in the year otie thoufand fe-
Ten hundred and fixty-fi:i| ; Be it enaBed by the authority aforefaid. That each and every of the perfons eii-
" titled to claim under the Jemife afore mentioned, or by grants from the perfons claiming under the fame,
or either of them, and their heirs and afligns, fhall and may have, hold, occupy, pofTefs and enjoy, the
feveral fhares, dividends « parcels of the faid land to them belonging, in as fidl, free, and abfolute man-
ner, and with the fame l^al privileges and advantages, in every refpeft, and fubjeft to the fame taxes,
as if the faid land had beea originally granted to the faid Robert Jones, Wiliiam Williams and Thomas
Pugh, by lord Granville, or by this ftate.
IV. And whereas the faid Tufcarora Indians, for good and fufllcient reafons, and for valuable confi- Regulation in
derations, have fince the twelfth day of July, one thoufand feven hundred and fixty-0x, and previous to '^S"^ *? **""
the firfl day of December laft, demifed, granted, and to farm let, fundry trafts of parcels of land lying '
in faid county of Bertie, to lundry perfons, as by indentures duly executed may more fully appear ; Be
it enacted by tioe authority aforefaid. That all the lands contained in the laft mentioned demifes, if the faid
demifes, were fairly, bona fide, and without fraud, made by, and obtained from the faid Tufcarora Indi-
a IS, fince the year one thoufand feven hundred and fixty-fix, and previous to the firft day 'of December
laft pa^, fhall not be deemed vacant lands, or be liable to be entered as fuch in the land-office, unlefs the
general afTembly fhall hereafter fo direft, but never thelefs fhall be fubjeft to the fame taxes as other lands
in this Itate are liable to.
V. And whereas it is fuggefled by the faid Tufcarora Indians, that unfair dealing has been ufed in ob- Method of
taining one or mote of the demifes afOre mentioned, and they the faid Indians have at prefent no mode *"**•
for obtaining redrefs in fuch cafes ; Be it therefore enacted by the authority aforefaid. That the commiffion-
er8 herein after mentioned, or a majority of them, fluall and may, upon complaint of t^e faid T})fcaroia
Commi^s'on'
ers.
256 177)!. ladiahs, Irt court 6r meeting aflembkdi, that any Jjcrfpn or perfonJ his cur have unfairly or fraudulently oti '
taihed aAy grant or demife for lands to them belonging fince the year one thoufaad feven hundred and G>.- :
ty-fix, aild previous to the firft day of December Lift, fummon the pcrfon or perfons fo complained againft, 1
or caufe him or them to be fummoned, to appear before them on a certain day on the land in difpute i
(giving atleaft ten days notice previous to the day in fuch fummons appointed) then and there to anfwer •
the complaints of the Indians for having fraudulently or unfairly obtained a grant or demife of the land in i
queftion; and ihall alfo fummon, or eaufe to be fummoned, a jury of twelve men, being freeholders iai,
the faid county of Bertie, and not refident on, or owners of any lands purchased of the faid Tufcarora In- j
dians: and the faid commiffioners, or a majority of them, ftiall attend at the time and place appointed, |
vnth thi jury aforefaid, and having firft fworn the jury to try and determine fairly between tlie faid Indi- '
ans and the petfon or perfons complained againft, ihall and may caufc witnefles to be examined on both '
fides, arid receive the verdid of the jury, and return the fame, with the pfiOnelj to the next county coult ^
of the faid county of Bertie, to be entered upon record^ and fuch ver-diiSt (hall be as good and effe£tu^ j
as if obtained in any court of record ; and if the fame be general, the faid commiffioners, or a majority of |
them, fhall and may appoint One'oi more perfon or perfons to carry the fatne into execution ; but if fpecial^ ;
then'the court fball tlecide thereon, and caufc the (heriff of the countyUo carry fueh'decifion intoexecution. -i
VI. And whereas the faid Indians are often injured by horfes, cattle and hogs, driven on their lands by 1
the white people, the faid horfes, cattle and hogs, bjeaking into their inclofures, and deftrojing their ]
■ corn and other effea*, and are alfo frequently deprived of their property, and abufed by ill-difpofed per- ■,
fons : for remedy whereof, and alfo fbr recovery of Tents or demands now due, or which may hereafter i
tecome due and owing to the faid Tufcarora Indians ; Be it emSied by tha authmty aforgfuidy Ihat Willi- ']
am Williams, Thomas Pugh, Willie JOnes, Simon Turner, and-Zedekiah Stone, be, and they are here- ;
fcy appointed commiffioners for the f^id Indians; and they, or any three of then, fhall and may enquire ;
fnto complaints made by the faid Indians, fummon the perfons complained 'agaijfl before them, and a- \
ward fuch reftitution and redrefs as to them fhall feem juft and neceffary ; and nay appoint an officer or J
officers to ferve fubpoenas, and to execute fuch awards and determinations as thej Ihall or may make in re- ;
'gard of the premifes .- and the court of the faid county of Bertie, is hereby authwifed and required to fill jj
'up, from time to time, bv new appointments, any vacancies which may happen imong the commiffioners j
*fey death or refignation ;' and upon complaint of the ch'Of or headman of the mtion, and the reft of the •
Indians, in court or meeting properly affembled, againft any one of the lommiffioners for mifbe. \
haviour, may enquire into the conduft of the perfon or perions'coiaplained a^apft, re?npve him or thew ''
}f neceffary, and appoint another or others in his or their ftead, -^i
VIJ. :Andhe it fitirther maBedby the authanty afotefdid., That the lands leafed by the Tufcarora Indiana %
to Robert Jones, jun. William Williams, and Ihomas Pugh, and to other perfons, fhall revert Xo^ and be- <
come the property of the llate, at the expiration of the terms the feveral leafef mentioned, if the faid na- J
tion be then extirid : and the lands how belonging to, and poflTeffed by the faid Tufcaroras, (hall revert to, .■
and become the property of the ftate, whenever the faid nation Ihall become extinft, or Ihall entirely a- /.
bandon Or remove themfetves off the faid lands, arid every part thereof. 'Provtdid, that no p<jrfon ffiall have \
any preferenre of entry to any of the faid lands by virtue of any leafe or occupancy wbattoever fmce De- ;
cember, one thoufand feven hundred ipd fevfeftty-fis, when^v^t ti« <3'chfer£l Affembly fti*ll declare the v
(iiid lands to be vacant,
•J HE tiT'Le;s o? ^'UM prWAT^ ACts. \
17 An *<a. for fortifying Oape-LoOl<oot bay. , ^ ofWiJkef," ,„a,' ,. ^„;- ,,.,,
18 Anjaforappointinfcommissinnvrs to build aVr'tJge a a'cWs S?' An^afl toatiienaan aa.'entMw. «« 'A-n ka Ibrestablishinp'a
Reversion of
Indian lands.
Colentriey, and foV orlier j^iirposes thcrtin tnentioicd.
19 'An ttCt to prevent the sfopping the hsh in the Yadkm river-
20 An a<n for vcuring lot* in the town of Tarliofough, in pdg.
comb county
21 An a<Sl forbuilding a court-house in the town of Hillsborough
for the dislria of Hillsboroiigh.
22 'An aft to amend an act, entitled, '• An afl for erefting; part
_c .._ _ -i»£? J ..... ^r .Un ,i:»*v'>/-. nC \,t/-ioV
town ill Mecklenbcyg county," passed in the year oiie },
thousand sijven hundred and sxty eight. i
24 An -dii to empower the justices of Duplin county t»rake into »
■fh*ir j^tfssosBion the recoVds of said coutoty, now in the a
posftssion of James Sampson.
25 An aft for'building a court-house in f^lizabeth town, in the
county of Bladen.
of the county of Surry, and part of the district of Wash. 25 An afl for regulating Campbellton, and e*«aing public |
Ington, into a separate ahd distinct coOnty, by the name 'bjildiVigs. J
Re»d three times, and ratified I'nGjeheril Assembly, the second day of 'Wayi 'Anrio'Dom. 17?^.
Signed by Whitmill Hill, s. s.
Thomas Benbury. s. c.
2,177».257
At a General ASSEMBLY, begun and held at Hillsborough, on the Eighth J^';"*^"^'
Day of August, in the Year of our Lord One Thousand beven Hundred Govemar.
and Seventy-eight, and in the Third Year of the the Independence of the
said State : Being the Second Session of this Assembly.
/f» aB for emitting eight hundred and Jijty thoufand pounds in hills of credit^ for difcharging the debts incurred f>y cHAP. 1.
thisjlate in raiftng men to reinforce the battalions belonging to thisjiate in the continental army, for cJling in j 1779 3^.
all former emijjionsy and other purpsfes,
WHEREAS this ftate has incurred 3ebcs by raifing men to reinforce the battalions thereto belonging
in the army of the United States, upon the particular requifition of congrels, for the payment of
which debts the public faith ftands pledged, and the time for receiving the taxes into the treafury is too
remote, and the quantity thereof not yet afcertained ; and whereas many evil difpofed perfons have coun-
terfeited great part of the bills of credit now current in this ftate, in fuch a manner as to be with great
difficulty diftinguiftiable, and there is therefore great danger of injury to individuals, and of depreciation
to the current medium. And whereas alfo, the difaffefled in this ftate have endeavoured to depreciate the
bills of credit emitted by the authority of the continental cbngrefs, and the congreffes held in this ftate
previous to our conftitution, by forming comparifons much to the prejudice of the fald bills of credit,
with the bills of credit emitted by authority of the Britifti government ; wherefore it is expedient to emit
a fum of money in bills of credit, fufficient to difcbarge the faid debts, and call in all the bills of credit of
former emiffions :
II. Be it therefore enaBed by General Affembly of the fate of Nerth-Carelina, and by the authority of the fame. Sum emitted.
That eight hundred and fifty thoufand pounds be emitted on the faith and credit of this ftate, in bills of
the following denominations, that is to fay, two thoufand five hundred of one hundred dollars, five thou-
fand bills of fifty dollars, three thoufand one hundred and twenty-five of forty dollars, ten thoufand of
twent) ..ve dollars, twelve thoufand five hundred of twenty dollars, fifty thoufand of ten dollars, fifty thou-
fand of five dollars, twelve thoufand five hundred of four dollars, twenty-five thoufand of two dollars,
fifty thoufand of one dollar, one hundred thoufand of half a dollar, one hundred thoufand of one fourth
of a dollar, one hundred thoufand of one eighth of a dollar, and two hundred thoufand of one fixteenth
of a dollar ; that the fame be printed in a printmg prefs, and that Henry Rhodes, Henry Horn,jun. Na-
than Bryan, Jeremiah Frazier, James Saunders and George Alexander, be commiffioners to fuperintend
and number the fame ; that James Kenan, John Lillington, James Williams, Thomas Satterwhite, Jefle
Cobb, Benjamin Exum, William Sharp, James Kerr, Oroondates Davis, Benjamin Hawkins, Thomas Har-
[vey and Jofeph Jones, be commiffioners to receive the fame when printed and numbered, to fign the fame,
and pay it into the hands of the public trealurers.
III. And be it further enaBed by the authority afore faid, That the general form of the bills hereby emitted Form of the
all be as follows, to wit, "State of North-rCarolina. This bill entitles the bearer to receive '•'Us.
* Spanifti milled dollars, or the value thereof in gold or filver, agreeable to an a6l of affembly paffed
< at Hillft)orough the eighth day of Auguft, 1778." And fuch bill fliall be impreffed and printed both
lan the face and reverfe thereof, on the edges as well as the body thereof, with divers letters, marks, de-
vices and words which may be difficult of imitation, and which in the opinion of the faid fuperintendants
c f the prefs, may moft effedually fecure the fame from attempts to counterfeit,
IV. And be it alfo enaBed by the authority aforefaid. That every dollar of the emiffion aforefaid, (hall be Value of the
[held and deemed equal to eight ftiillings proclamation money, and (hall pafs current at the fame, and be "loney.
|a lawful tender in all payments and contrafls within this ftate, any law, cuftom or ufage to the contrary
ijiotwithftanding.
\Ihe remainder unnecejfary to be injerted.'}
Vol. I. SU
258 2,n'78. CHAP. 2. An aB to make provifton for the recovery of debts due to the United States, or any of them.
HERE AS it is expedient that provifton be made foi compelling all fuch individuals as have re-
ceived money on account of the United States> or any of them, to account and pay all balances
due : . ^
II. Be it enaBed by the Genera' Jjfemhly of the Jlate of North-Carolinai and it is hereby ena Bed by the au^
thority of the fame. That it ftiall aind may be lavrful to commence and profecute any aftion or aftions^j,
fuit or fuits, for any debt, duty or demand, in the name of the United States or any of them, in any
court of law or equity, 6r before any judge or juflice within this ftate, where the value of fuch debt, du-'
ty or demand, may be cognizable ; and every fuch aftion or fuit fliallbe fubjeft to fuch rules and regu-
lations, as actions and fuits of like nature, comnienc6d or profecuted by any citizen of this ftafe. Pro^
vided, That cofts (hall be recoverable againft the agent, faftor or attorney, who (hall commence the ac-
tion or fuit, when judgment fliall be given againft the United States, or any of them.
III. And be it aljo enaSied by the authority aforefaidy That in any a£lion or fuit, in the name of the Uni-
ted States, where it {hall be made appear to the court that a declaration has been ferved oh the defendant
or defendants, with notice to prepare for trial at the next enfuing term,' at leaft five days before the faid
term, iffue fhall be joined, and the action or fuit fhall be tried the firft term, except in cafes where the
court fhall grant longer time.
Aflions in the
Tiame of the
Uiiued Stales,
&C.
How issue
joined.
CHAP. 3.
Ante, p. 252.
Causes tratis-
ferred.
An aB to amend an aB, pajfed in the lajl fejfton of this prefent Ajfemblyy entitled, « An aft to alter the term?
for holding the feveral fuperior courts of law, and for better arranging the county courts within this
State."
WHEREAS by the faid a£l no provifion is made for transferring the feveral caufes on the dockets
of the feveral fuperior courts, and the county courts in the faid aft mentioned, or for making
procefs returnable to the terms as they formerly ftood, returnable to the terms as eftabliftied by the faid
aft, whereby a difcontinuation of all fuits and procefs in the faid courts muft happen, unlefs prevented
by this aflembly, to the great damage of fuitors in the faid courts, and to the delay of juftice :
II, Be it therefore enacted by the General AJfembly of North-Carolina, and it is hereby enaBed by the autho^
rity of the fame. That every fuit, indiftment, recognizance and procefs, which was depending in the laid
feveral fuperidr courts, and in the county courts ift the faid aft mentioned, before the time of pafling the
fame, and which hath not been abated, determined or difcontinued, in due courle of law, be and is
hereby declared to be transferred to the feveral fuperior courts, and the county court aforefaid, as efta-
blilhed by the faid aft ; and the judges and juftices on the faid courts refpeftively, (hall have jurifdiftion,'
and take cognizance thereof, in the fame manner as if the terms had not been altered. And all '|./6cefs,'
recognizances, and other proceedings, returnable to any certain day or days, in the terms of the faid feve-i
ral fuperior courts, or county court, as they ftood before the pafling of the aft aforefaid, fhall be returned
to the fame days of the terms as eftablifhed by the faid aft.
CHAP. 4.
Temporary,
Chap. 5.
Ante, p. 254.
and other afls
there referred
to.
Penalty for
trading with
the Indians.
AthaB to repeal part of an aB entitled, An aft allowing falarles to the governor, fecretary, delegates, treafb'S
rers, members of the council of ftate, and other purpofes. *
Ah aB to prevertt trading with the Cherokee Indians, without licence firfi had and obtained ; and alfo t6 prevent i
trefpaffes upon the Indian hunting grounds. j
WHEREAS divers avaricious and ill-difpofed perfons, have by frauds in tfaiiick, or by trefpaflingl
upon the hunting grounds of the Cherokee Indians, and divers other abufes, excited their jealou-' j
fies and fufpicions, which if not feafonably quieted, and fuch abafes in future prevented, may involve thisj
and other of the United States, in a bloody and expenfive Indian wa:r.
II. Be it therefore enacted by the Affemhly ofthisflate, and by the authority of the fame. That no perfori or in-'
habitant of this ftate, fhall trade, traffick or barter, with the Cherokee Indians within the Indian coUntry^
unlefs he (hall firft obtain a licence for fo doing from the judges of the fuperior courts ; and if any perfont,
fliall trade, traffic or barter, contrary to the true fpirit and intention of this aft, fuch perfori or perfons '
fo offending, fhall, upon conviftion thereof, duly had and obtained in the fuperior court of the diftrift j
neareft the place where fuch offence fiiall have been committed, forfeit and pay the fum of five hundred j
pounds current money of this ftate, one half thereof to the ufe of the informer, the other to the governorj
of this ftate, to be applied to defray the contingent charges of government ; to be recovered by aftion of
Aeht, bill, plaint of indidiment, wherein no eflbign, excufe or plea in abatement fliall be admitted to the 2,1778. 259
jurifdidion of the faid court, nor fhall procefs be difcontinued for or by reafon of any omiffions or errors «-,^-v*^
not fubftantially material ; and in cafe fuch offender of offenders fhall not within twenty-four hours after
tonvi£iioh, pay into hands of the fheriff of the county in which fuch diftridt court fhall be held, the faid
fum of five hundred pounds, and all cofts arifing upon fuch profecution, he fhall ftand in the pillory two
hours, and receive thirty-nine lafties upon his bare back, and fhall ftand committed to the gaol of the dif-
trift until fuch fums fhall be completely difcharged and paid.
III. And be it further enacted by the authority aforefaidi That if any perfon fhall hereafter be guilty of tref- Fortrespassing
paffing upon the Indian hunting grounds," knowing them to be fuch, he fhall fufFer the fame penalties, °°*^^'*'
fines and forfeitures; to be profecuted, fued for and recovered, and inflifted, as are by this zdi hereto- ^'°"" ^*
fore dire£ledi with refpeft to perfons trafficking with the Cherokee Indians, and under the' fame rules,
tegulations, latitude and reftriftions, prefcribed to be had againfl the offenders fpecified in this adl here-^
toforej and all fines and forfeitures (hall be applied in manner as before dhrefted.
Allen Jones, s. s.
Thomas Benbury, s. c.
'^ NdTB. There lis added in the printed cditiott by Davis, after the signatures of the speakers " An adl id prevent hunting with
k gun by fire-light in the night," It does not appear, whether it passed that session or was reprinted, according to his promise (at
the end of the session of April 1777) it having been re-enafled. But if it was passed this session^ it expireel, having-been enamel
6nly for five months, and from thence to the end of the next session.
260 1779.
'Richard Cas. At a General ASSEMBLY, begun and held at Newberri, on t|ie Fourteenth
Governor. day 01 April; m the Year ot our Lord one Thousand Seven Hundred and,
Seventy^eight, and from thence continued by Adjournments and Proroga-
tions to the Nineteenth Day of January, at Halifax, in the Year of our Lord
One Thousand Seven Hundred and beyenty-nine : Being the third Seg^
sion of this Assembly,
CHAP. I- Jn aEl to regulate and eftablijh a militia in this Jiate.
Provided for by subsequent aflg.
CHAp. 2. An adjor rai^ng forces for the defence of this and the neighbouring fates, and ether purpofes tktrefn
mentioned. Exp.
CHAP. 3. An aHfor ofccrtaining u hat property in this fi ate fhall be deemed taxable prop^rfy, the method of ajef,
liibTequenulas^ -^^^ the fame, and toUeding the public taxes, and othtr purpofes^
CHAP. 4. An act to regulate and afcertain the fees of clerks in the fuperiar and county courts, jufiices of the peace
Provided foi by and attornies, in this (late, and directing the method of fxayine the fam^, and other purpefes,
subsequent aas. i ' o j r j t> ■ j r rj
except the 4th,
5th, nh and IV". A ^"D be it further enaBed by the authority aforefaid^ That It fliall and may be lawful for the clerks
i,^''^ 9 . -ZjL °^ ^^^^ fuperior and county courtSj on the fees not being paid by the party from whom they
issue fctffces^^ ^^^ *'"^' ^° "^ake out execution, dire£led to the (heriff of the county where the party refides, and the faid
Iheriff fhall levy the fame by virtue of the faid execution as in other cafes y and to the faid execution
fliall be annexed a copy of the bill of cofts of the fees on which fuch execution fhall ifliie, wrote in words
at length, without any abbreviation whatfoever ; and all executions ifTuing without the copy of fuch bill
of cofts annexed, fliall be deemed illegal, and no (heriff Tnall ferve or execute the fame.
Continuance. V. And be itjurther enaEied by the authority ajorefaid.^ That whenever it fliall be the opinion pf the court,
that the party praying a continuance fhall not obtain it without payment of all cofts attending the fame, the
whole of thofe cofts fhall be paid before the continuance is granted ; and the party paying fuch cofts fhall
not be entitled to recover them, although the judgment of the court fhould finally be in his favour.
Clerks fee?. VII. And be it enaBed by the authority ajorcfaidy That if any clerk fhall during the fitting of the court
whereof he is clerk, demaud other or greater fees than by this a£l allowed, the court fhall immediately on
complaint being made thereof, determine what fee or fees fhall be paid to the faid clerk by the party com-
plaining.
XIX. Repealed, Vol. 2, 155.
CHAP. 5. '^w '^^ to carry into effeB an aEi pnjfed at Nenvhern in Novembery in the year one thou/and feven hundred and
Ante, p. 243. feventy .feven, entitled *' An a£t for confifcating the property of all fuch perfons as are inimical to the
and afls there United States j and of fuch perfons as fhall not, within a certain time therein mentioned, appear, and
re erred to. fubmit to the ftate whether they fhall be received as citizens thereof ; and of fuch perfons who (hall
, , , fo appear, and fhall not be admitted as citizens, and for other purpofes therein mentioned ;" and for other
Repealed by ^ 1 r r r ., , j
3, 1779. 2. the Purpofes.
operation of "^"TTHEREAS it is ena£led by the a£t aforefaid, pafTed at Newbern in November, one thoufand feven
•wbicb is indefi. \fy/ hundred and feventy-feven, that all the lands, tenements, hereditaments and moveable property
nit^/y iuspenUei ^jfjjjj, jj^jg ftgte, and all and every right, title and intereft therein, of which any perfon was feized or pof-
2, 1780J 6. feffed, or to which any perfon had title, on the fourth day of July, in the year one thoufand feven hundred
andleventy.Gx, who on the.fald clay was abfent from this ftate, and every part of the XJaited States, and 1779. ^26l ^ |
who ftill is abfent from the fame ; or who hath at any time during the prefent war attached himfelf to, k^^'-T'*^ "^
or aided or abetted the enemies of the United States, or who has withdrawn himfelf from this or any of 'i
rile United States after the day aforefaid, and ftill refides beyond the limits of the. United States, fliall and
•are hereby declared to be confifcated to the,ufe of this ftafe, unlefs fuch perfon (hall, at the next general ;
affembiy which fhall be held after the firft day of Oaober, in the year one thoufand [even hundred andfe- >■
vtnty-eight, appear, and be by the faid afTembly admitted to the privilege of a citizen ot this ftate, and ■
reftored to the poflefijons and property which to him once belonged within the fame. And whereas ma-
ny perfons who come withiii the defcriptions of the aforefaid aft recited, or fome one of them, have failed j
or negle£ted to appear before the general aflembly during the prefent felTion, and fubmit to the ftate whe» i
ther they (hall be admitted as citizens thereof, and reftored to the pofleflions which to them once belong- i
fid J whereby »11 fuch perfons have clearly incurred, and are become liable tp tlie penalties of the aforefaid '
i^i ^ ^ }
^ • If, Be it therefore enacted by the General Ajfembly ofthejiate of North-Carolina^ and it is hereby enacted by the Estates conus-
authority oj the fame y That all the lands, tenements, hereditaments, and moveable property within this ftate, *^"®* \
and all and every right, title, and intereft therein, of every perfon and perfons, who come within or are
-included by the defcriptions in the aforefaid aft, or either of them, fhall be, and are hereby declared to be
forfeited to the ftate, and ftiall be vefted in the fame, for the ufe5 and purpofes herein after mentioned,
and for no other purpofe whatfoever, i
III. And be it enacted by the authority aforejaid. That three commiffioners fhall be appointed by the county CommlssLpn. i
court in each county, who ftialf give bond, with three or more fureties, in the fum of two hundred and ^^^' \
fifty thoufand pounds, to the governor for the time being, for the ufe of the ftate, for the faithful difcharge ;
pf their duty, according to law ; and (hall alfo take the oath of allegiance, and the following oath, previous \
to entering on their office ; ;
a T A. B. dofwear, that I will faithfully difcharge the truft repofed in me as a commiffioner to the Their oath. \
y_ " beft of my knowledge, according to law ; and that I will fully account for all money or ieffefts » \
** that (hall come to my hands in confequence of my appeintment, as the Jaw direfts. j
SO HELP ME GOD." \
And the faid commilTioners, or a majority of them, in their refpeftive counties, (hall have full power and I
authority to take polTelTion of all lands, tenements, hereditaments, and moveable property, in the name
and for the ufe of the ftate, which by this aft are declared to be forfeited to the ftate, and (hall give re- >
ceipts or difcharges, which (hall forever indemnify and acquit the perfons delivering or paying the fame ^
their heirs, executors and admjniftrators, againll any future claim for the articles or money mentioned in \
fuch receiptgjor difcharges, '
IV. And in order to djfcover all property, real and perfonal, by this aft declared to be forfeited ; Be P'ope^ty how -
it enaded by the authority a; ore/aid, That the faid commilTioners or any two of them, (hall and may or- '^*^°^^'^** 1
der the feveral conftables to fummon all the inhabitants in their refpeftive counties, to appear before \
them at convenient times and places, to give in, on oath, an account of fuch forfeited property ; when
they, or a majority of them, being prefent, (hall adminifter the following oath or affirmation to the inha- \
bitants fo appearing ;
#« T A. B. do f wear, or affirm, that this account by me rendered, contains a full and true account, to -i
JL « the beft of my knowledge, of all the lands, tenements, hereditaments and moveable property, in ;
ft the' county of which belonged on the fourth day of July, one thoufand feven hundred and fe- I
»« venty-fix, or at any time (ince, to any perfon or perfons who come within, or are included by the def- :
<» criptions, or either of them, recited in the confifcation aft, palTed at Newbern in November, one thou-
«' fand feven hundred and feventy-feven, and farther that the faid account contains, to the beft of my I
«< recolleftion, the full amount of all and every fum and fums of money which now are by^ me due ]
f* and owing to any fuch perfon or perfons, including intereft (if any) by bond, note or account, or i
«« by virtueof any truft whatever, 4
SO HELP ME GOD.-" )
;A.nd if any perfon fummoned as aforefaid (hall fail to appear, or appearing, fhall fail to render, an ac-
count as above mentioned, on oath or affirmation, as the cafe may be, in fuch cafe the faid commif- ■
fioners, or any two of them, fhall have power to commit fuch perfon, if prefent, to clofe gaol, until >
. Vol. I, 3 X \
2 6i2 1 779. he or (he fhall comply with the law j and if abfent, (hall iiTue a warraiiti dlreAed to afty {heriff or dtttt .
U*nr>J ftable, to apprehend and bring fuch abfent perfon before them, at any place on a future day, when if h
or {he (hail refufe to render an account on oath as aforefaid, he or {he fhall alfo be committed to clof^
gaol, until he or {he (hall render an account qn oath or affirmatiorf as aforefaid •, and the faid commiiH.^
oners are hereby invefted with power to adminifter the oath, iflue warrants, and, make commitments, in
manner aforefaid.
Commissioners V. And be it enacted by thg authority aforefaid, That the County courts {hall have the famef powers to re*
to account. quire and compel tlie oath afore mentioned from the commiffioners themfelves, which the commilTion-
ers have reipe6ling others ; and the commiffioners {hall account for any moneys or other ef}e£ts, declar-
ed forfeited by this aft, due by them, or in their polTeflion, in the fame manner as in other cafes.
To have books VI. And be it further enaSed by the authority aforefaid. That the faid commiflTioners {hall enter in a book
foriheirpro- to be kept for the purpofe, all lands, tenements, hereditaments, and moveable property^ forfeited by
«e ings. j.j^j^ ^^^ which {hall come to their knowledge or poiTefTion, in their refpeftive counties, together with
the names of the former owners, and alfo whether the fame, or any part thereof, be claimed by any fub-
ject of this ftate, or any of the United States, and fhall fpecify all fums of money due and owing by the
inhabitants thereof in manner above mentioned, together with the nanfes of the former creditors, and the
names of the perfons from whom the fame are or fhall be due, and whether the fame be due by bond,,
note or otherwife ; and fhall make report of their proceedings to every county court which fhall be held .j
Removable by in their counties refpedlvely : And the feveral county courts fhall have power to remove fuch commifH-
the court, &c oners, and appoint others if necelTary, and alfo to fill Vacancies, occafioned bv death, or removal out
of the county, of any commiffioner ; and the faid county courts fhall and may order the commifEoners ta <
I.ands rented, ,ent fuch lands, tenements and hereditaments in fuch quantities, and for fuch terms, as they {hall think beft,j
fo that no trail exceeds fix hundred and forty acres, and no term one year, taking bond with fecurity in \
the name of the Governor for the time being, for the ufe and benefit of the ftate ; and the faid courts fhall }
order all negroes, or other perfonal property, forfeited by this aft, to be fold at public aftion, and at.'
fuch times and places as the faid court fhall think proper, and the commiffioners {hall thereupon proceed
accordingly ; and all contrafts and fales made by fuch commiffionera, agreeable to the direftlons of the
faid county courts, and of this aft, fhall be, and they are hereby declared good and valid, to all intents
Proviso, for the and purpofes. Provided neverthelefs. That the wife, child or children, of fuch abfentee or abfentees,
wife,&c, now in or under the proteftion of this flate, or the United States, {hall be allowed fo much of the ef-
tate of fuch abfentee, as fuch wife, child or children, might have enjoyed, and have been allowed, if|
fuch abfentee had died intefl:ate in this iflate, or any of the United States. -i
Appeal. VII. Provided^ That if it {hall appear to any county court that any perfon, being a fubjeft of thi»j
flate, or any of the United States, has or pretends to have, any right or title in law, to any lands,
tenements, hereditaments, or moveable property, declared forfeited by this aft, fuch court {hall flay all
further proceedings of the commiffioners thereupon, and fhall fend up a true and exaft flate of fucht
claim to the fuperior court of the diftrift, which fuperior court fliall proceed to enquire into and deteri
mine the legal right and title of the perfon fo claiming, by jury, in the fame manner as in fuits at cohm
mon law, and fuch determination when had fhall be final ; and the clerk of the fuperior court fhalF
tranfmit a copy thereof to the county court wherein the difpute originated, whicli fliall proceed accord-.
ing to fuch determination. ' -
Proviso, for or- VIII. Provided ahoy That if any real or perfonal eftate belonging to any orphan or other perfon, not
phanj, comprehended or included by the defcriptions in the aft afore mentioned, or either of them, fhall be'
fold by virtue of this aft, fuch orphan Or other perfon, notwithflanding he, fhe or they fhall have failed
<» neglefted to exhibit fuch claim to the county court previous to the fale, fhall, on due and fufficient
proof made before the General AfTembly, be entitled to receive the whole amount of the fales, with fix.
. per cent, intereft thereon. ^|
For creditors, I^' -^«rf/'<'wiVf^//'y^«w^, That all perfons being fubjefts of this ftate, or of any of the United States^
and having juft claims or demands againft any eftate or eftates declared forfeited by this aft, and aftually
fold or converted to the ufe of the ftate in confequence thereof, fhall, upon due proof made before the
Geperal AfTembly, be entitled to receive their feveral demands, if the fales or ufes be fufficient j but If
pot, fhall receive in proportion to their feveral demands.
Commissioners X. And be it further enaSiedby the authority aforefaid. That the commlfTioners in their refpeftive counties
po^er.and fljaU hsve the iame powers and autliorities t9 demand, make diftrefijfor, aad receive, all fums of laa-tx
• ftfey ^Ue an^ ttwing by jiie inhabitants thereof, and ded^^^ and (hall 1779. 263
be fnbje£l to the fame pains, penalties and reftriftibns, and fliall account with the "public treafurers for u^^v*"*.^
•the fame, andalfo for all money arinng from Yents of lands, hire of negroes, or fale of periftiable pro-
pei-ty, at the fame times, and in the fame manner, as {herifFs or county treafurei-s have or are liable to
by law for the coltefting and accounting for public taxes ; and (hall have and receive for their fervices at
the rate of two per cent, eachi
XI And provided al/ot Hiatif any fuhjefl: bfthisftate, of of any of the United States, has any de- provisd.
biand agahift any perfbn fubjedi to the penalties of this a£l, and fuch perfon has not perfonal eftate fuf-
ficient to fatisfy fuch debt or demand, that then fo much of the real eftate of fuch perfon {hall be fold
as will be fufficient to fatisfy and difcharge fuch debt or debtd ; and the county courts refpedively are
hereby authorifed io exartiine into any fuch claims, and to otder juries to try the fame, and to award
iudgment and execution ai the cafe may require. '
Xir. -^ftd h it enaBed by the authority afsresaidy That all Entries already made, or which (hall hereafter be Entrlesof lands
blade, of any lands, tenements or h^feditamentSi which come within the meaning of the confifcation aft, ^°"**
balTed atNewbern in NoveAiber, in the year one Ihoufand (even hundred and feventy-feven, or of this aft,
fliall be utterly void and of none efFeft. Provided^ That nothing contained in this aft (hall be conftrued
to invaUdate or repeal aiiy part of an aft pafled during this prefent felFion of the general alTembly, entitled
An aft to enable the inhabitants of a tra£i: of land lying in Mecklenberg county, known by the name of
governor Dobbs's traft, No. five, to make entries thereof, and obtain titles for the fame.
XIII. .And be it further eria^ed by the authdnty aforejaidy That the clerk of each and every county court Clerkstotrans-
fhaU tranfmit to the General AflTembly, a complete tranfcript of the report or reports of the commiffioners "ii' comtKissi-
in their refpeftive counties, and of the proceedings of flich courts thereupon, under the penalty of five hun- "^^^^ "^epo'ts*
dred potinds ; to be recoveired by «ftion of debt, in the name of the governor for the time being, and ap-
plied to the ufe of the ftate.
XIV. And whereas many perfonS who heretofore refufed to take the bath of allegiance to this ftate, and Proceedings for
yrefe compelled to leave the fame in Confequencelherebf, by virtue of an aft of aflembly, palTed at New- duesioabsen-
bern in April, in the year one thoufan<J feven hundred and feventy-feven, entitled " An aft for declaring ^^^^'
what crimes and pfaftices againft the ftate (hall be treafon, and what (hall be mifprilion of treafon, and
providing punifhmerits adequate to crimes of both claiTes, and for preventing the dangers which may arife
from perfons difalFefted to the ftate;" arid of another aft, palTed at Newbern in November, in the year
one thoufand feven hundred and feventy-feven, to amend the aforefaid aft ; have failed or neglefted to
appoint lawful agents or attornies to receive and give difcharges for debts due and owing by the inhabitants
of this ftate to perfons who fo departed therefrom, thereby many honeft and well meaning people are de-
feated of an opportunity to difcharge fuch debts; Beit therefore further enaSied by the authority aforefaid^
That the faid commiffioners, or either of them, in their refpeftive counties, (hall have full power and au-
thority to receive and give difcharges for all fuch debts as the inhabitants thereof (hall yoluntarly offer to
pay } and fuch difcharges (hall forever indemnify the perfons paying the fame againft him, her or them,
to whom the famfe were due, to the amount fpecified ill, fuch difcharges : and the faid commiffioners (hall
Teturn a feparate account of their proceedings herein to every county court, fpecifying the creditor's name,
that of the perfon paying the debt (^rhether due by borid, note or account) the amount thereof, and (hall
be liable to the fame pains, penalties and reftriftions, for f^thfuUy accounting for and paying the fame, as
bereih before provided in other cafes.
XV. And whereas it may happen that many abfeiitees from the ftate may have left fathers or mothers Provision for
|n an advanced age, and whofe fole dependence for their fubfiftence has been upon the property and filial indigent fa-
tttention of their children ; and unlefs feme provifion is made to allot fome part of the property of fuch *''®'^*' ^^'
ibfentees to the fupport of fuch aged, indigent perfons, they muft be -reduced to the moft abjeft wretched-
ntfs ; Beit therefore enaSied by the authority aforefaid^ That when any fuch indigent perfon, father or mother,
(hall make application to the fupenior court of the diftrift where fuch perfon (hall refide, fuch fuperior
coult is hereby empowered to fet off and allot to fuch aged parent fuch part or portion of the eftate of the
abfettee as fuch aged perfon hath heretofore been accuftomed to receive and enjoy, and as much more as
.{hall >e neceffary for the fubfiftence of fuch aged or infirm parent ; fugh allowance to inveft only an eftate
for t}^ lif? of fuch aged or infirm parent.
264 1779.
Ante p. 205,
jind mRx there
Itiferred to.
Preference to
peaceable pos«
sessora.
Inrprovements^
Appeal.
Deputy svorvej"
OTS.
When bounds
int^rse<S|.
Surveys when
returned.
Repealing
clause. '
CH.4P. 6, /« aSf to amend an aS entitled" An a^ to amend «n ad for eftabliftiJng offices for receiving ]
entries of claims for lands in the feveral counties within this ftate, for afcertaining the method of obtain* J
ing titles to the fame, and for other purpofes therein mentioned.'* f
WHEREAS it is enafted and provided by the aft before mentioned, pafled at Newhern In November '
one thoufand feven hundred and feventy-feven, rhat every perfon and perfons, and his or their i
heirs or affigns, who in the office of the late Earl Granville, or in the late public land^pffice, have hereto- i
fore mnde any entry or entries, or who fince the death of the faid Earl Granville have pofieired, and aftu-^^
ally improved, any vacant or unappropriated land, for which no juft claim by entry in any office ffiall have ]
been made, ffiall be entitled in preference to all others, to enter or obtain, a grant gr grants for the fame, fo ]
that fuch entry or entries be made on or before the firft day of January, one thoufand feveq hundred and I
feventy-nine ; and whereas doubts, difficulties and injuftice have frec^uently arifeu in confe^uence of the ]
aforefaid provifion : for remedy whereof, -.
II. Be it enacted by the General Affembly of thejlaie of Ni^th-Carotinay and it is hereby enacted the authority I
of' the same, That from and after the palTmg of this aft, in the trial of any difptite which has already arifen |
and remains undetermined, or which may hereafter arif9> for preference of entering and obtaining a grant 1
for unappropriated land, if it fhall appear that any perfon hath feated himfelf pn lands within the bounds l
of any former entry or furvey, and for which no gr^nt was ever obtained, apd hath isiproved and contU. %
nued in peaceable poffeffion of the fame, by himfelf, or fome perfon for him, for feven years, without in- a
teruption by or from the perfon claiming, or declaration of right to the perfon fo pofleflVd under fuch en» %
try or furvey, in fuch cafe, the perfon claiming under fuch former entry or furvey fhall be forever barr'di
of his right of entry of the land in queftion» and the preference fhall be given to him who fettled on,
sind continued in peaceable poffeffion of the fame> |iis heirs or affigns } any law tp the contrary ijotwith-i
{landing. j ' " f|!
III. /\nd in order to explain what fhall be confi4ered as an improvement of land, Be it enaSi^hy the au*. 'i
thority aforefaid, That no perfon ffiall hereafter be entitled to any preference of entering or obtaming a grant '•;
for unappropriated land, under pretence of improvement thereof, unlefs it fhall appear upon trial that fucl\ !.
claimant had, previous to his application for entry, creft^d a hpuf? thereon, or cleared, enclofed, and cuU i
tivated a part thereof. |
IV. And be it further enaSied by the authority afirefnidy That if any perfon ffiall think himfelf aggrieved
or injured by the determination of any county court, jn any future trial refpefting vacant or unappropri-
ated lands, fuch perfon ffiall have^a right to appeal to the fuperior court of the diflrift wherein fuch lands
lie ; and fuch county court is hereby authorised and cjirefted to grant fuch appeal, and tranfmit the pro-
ceedings to fuch fuperior court, the appellant firft givijig bond and fecurity to profecute fuch appeal witl^
?fFeft, - ^ • ■• ' ■ . ■ >• ■ • . ^
y . And for the better afcertaining the power, and direfting the duty of furveyors Be it enaSied by the
authority aforefaid. That it ffiall and may be lawful for each and every furveyor in this flate, in' his refpec-'
tive county, to appoint a deputy or deputies, who ffiall previous to entering on the execution of his or theit'
office, be qualified in a fimilar manner with the furveyor ; and the furveyor making fuch appointment ffiall
be liable and accountable fpr the conduft of fpch. deputy or deputies, in the fame manner as for his own
coiiduft in office.
^ VI. And be it further enaQed by the authority (fore faid. That whefe it ffiall happen that the bouuds off
two or more entries join or interfeft each other, the furveyor fhal{, and he is hereby required to furvey fuch.
entries in turn, the eldeft being firft fyrveyed, provided fuch entry be not caveated : but when that ffial
be the cafe, it ffiall not be lawful for the furveyor to furvey eitl^er pf the entries fo joining pr interfeftin
each other, until a final determn^^tion be had pn fuch cavfat.
VII. 4nd be it tnaEled by the authority afotefaid. That every furveyor in this ftate ffiall, and he is hereb/'j
required to return all warrants of furyeys to him direfted according to law, within twelve months after re-
ceiving the fame, under the penalty of one hundred pounds for every default ; to be recovered by aftj'oa
of debt, by any perfon fuing for the fame, before any jurifdiftion haying cognizance thereof, and apiflie^;
to his own ufe.
VIII. And he it enaBedby the authority aforefaid, That fo much pf the aft pafTed atNewbeni in NfveW'
ber, one thoufand feven hundred and feventy-feven, for eftabiiffiing offices for receiving entries of daims
for lands in the feveral counties within this fiate, for afcertaining the method of obtaining title^ to ^e
fame, and for other purpofes therein niention*id ; and of the aft pajTed at Newbern in April, pse tkoi
^.
fand feven hundred and feventy-e%Utj to augend the aforefaid ad; as conaes wkhiii tlie purview of this ITT9. 2G5
a£l, ftiall be, and are hereby repealed. u»'v*sj
3in aBJor appointing naval-qffifirs at the d'fferent ports pf thisjate, and direBing their duty in of- chap, 7.
fice, a,nd i or other pur poj^s, Supeisfdcd by lueconstitu.ionofthe Uiiuft* Sucea;
An acf to amend part of an aSf, for emitting eight hundred and fifty thoufand pounds in hiUr of credit, for difchar' CHAP. 8.
ging the debts incurred by thisfiate in raJftng men to reinforce the baitalions belonging to thisjiate in the continen-
tal army, for calling in all former emi^ons, and {or other pttrpofes.
WHEREAS by tlie before recited a£k it is dire£bed that two hundred thoufand bills of one fixteenth
of a dollar be printed for the purpofes therein mentioned, and it is found by experience that the
printing the fame will be attended with conCderable^.expence, for no confiderable utUity to the public :
■ 11. Beit therefore enaBed by the General Afihnblylif the fiate of North-Carolina, and it is ^d'r.f^j ^^/j^^J ^'"* ^•"^"^<*'-
bythe authority of the fame, Thit the ccmmirfioners be, and they are hereby empowered to print twelve
thoufand five hundred dollar bills, ill the room and ftead of the two hundred thoufand bills of one fix-
teenth of a dollar.
• III. And whereas the prefentjexigencles of the ftate require the monies now in the hands of the trea- Emissien pro-
furers to defray the expences thereof, and renders it neceifary to give a further day for the redemption of ''^"S«'l»
the faid la.te emiilions . Be it therefore enaBed by the authority aforefaid. That the monies emitted by the a(3;
of afiembly paifed at Hillfborough, one thoufand feven hundred and feyenty-eight, fliall be retained in
the hands of the faid treafurers to defray the expences aforefaid ; and that the redemption of the emiffi-
ons of the eongreis at Hillfborough, one thoufand feven hundred and feventy-five, and congrefs at Hali-
fax, one thoufand feven hundred and feventy^fix, be deferred and poftponfid to the firft day of May, one
thoufand feven hundred arid eighty.
IV. And be it jurther enacted by the authority aforefaid. That fo much of faid a£l; as comes within the pur- Repealing
view of this a6t, fliall be repealed and made void ; any thing contained in faid aft, to the CQUtrary, not- '^'^"sa.
.withftaudiug.
An aSt to atHfnd an a^i, entitled, « An a6t to regulate the pilotage of Gape-Fear and Occacock bars, and CHAP. 9;
the rivers leading from the fame to Brunfwick, Wilmington, Newbern, Bath, and Edenton. Provided for bj'
f ■ _ ^ subsequent afls.
An aB to prefcri^e the ajirmatinn of allegiance and fidelity to this frate to be taken by the Unitas Fratrum, or chap. 10,
Moravians, quakers, mmonifls, and dunkards, and granting them certain indulgencies 'h r in mentioned, and ^'^^ ^0-
other purpofes. ' _ ,^: 'i^Wfu
N order to quiet the confciences, and indulge the religious fcruples of the fe£tscalled the Unii?iss Fra-
trum, or moravians, quakers, menonifts, and dunkards :
II. Be it enaEifd by the General Ajfembly of theflate of North-Carolina, and by and with the authority of the Affirmatien of
fame. That the affirmation of allegiance and fidelity to this ftate fhall hereafter be taken by all the above Moravians, &c
people in the form following., viz.
A. B. do folemnly and fincerely declare and afntm, in the prefence of Almighty God, that I will Altered 2,1 784>
« truly and faithfully demean myfelf as a peaceable fubje£l: of the independent ftate of North-Caroli- 21-
« na, and will be fubjeft to the powers and authorities that are or may be eftablifhed for the good govern-
.*' ment thereof, not inconfiftetit with the conttitution, by yielding either an aftive or paffive obedience
^* thereto ; and that I will not abet or join the fubjefts or forces of the king of Great-Britain, or others
" the enemies of this ftate, by any means, in any confpiracy whatfoever, againft the faid ftate, or the
'* United States of America : and that I will make known to the govern(5T, or fome member of the coun-
" cil of ftate, judge of the fu{xerioT court, or juftice of the peace, all treafons, confpiracies, or attempts,
" committed or intended againft the fame, which fhall come to my knowledge.''
Which faid affirmation being taken before any juftice of the peace in the county where they refide, at or
before the firft day of May next, ftiall entitle them to all thofe rights, privileges and immunities, they here-
tofore refpeftively enjoyed, any lay/ to the contrary notwithftanding, the aflelTment arid payment of tax-
es only excepted.
Vol. L 3 Y
266 1779. III. And be it furiher enaSied by the authority aforefa'zd, 1 hat all and every of the faid people, upon ta-l
king and fubfcribing the afiinnaticn of allegiance arid fidelity to this ftate as aforefaid, before the entry t3- .■
ker of the county, may re-enter a I their land;; formerly made in Eail Granville's oiEcc, or public land-of- (
fice, or any lands they, or either of them, have liad the prior occupancy of, or may <=nter a caveat or claim 1
againil any perfon or perfons who may have entered or furveyed the fame, ptovided fuch entry, caveat or
claim, be made at or before the firil day of May next after the paffing of this a'£t, and {hall be entitled
in preference of all others to obtain a grant for the fame, according to the rules of the a£l of aflembly for
eftablifhing offices for receiving entries of claifx-js for hi7ids, &c.
IV. And whereas many ignorant, though good fabjeiEts of this ftate, have not taken the oath of allegi-
ance, owing to the negleft of the juftices of the peace in many counties ; Be it therefore enafledby the au-
thority aforefaid. That all refidents of this ftate, who have not been inimical, or iieretofore refufed to take
the oath when pnrticularly called on, and who fhall take the oath of allegiance to this ftate prefcribed by
law before the firft day of May next, or who have takeh tl^e faid oath fince the time prefcribed by the faid
law, fhall be admitted to ail the rights, immunities, and privileges of citizens, hereby granted to the mo*
ravians and other people ; any law to the contrary notwiihitanding.
May eiuer
lands.
#aths.
CHAP. 11.
Vol. 2, 9, 'J5.
156,
Pen. for steal-
ing slaves.
Aft to be read
by ths clerk.
When to take
place.
Repealing
clause.
CHAP. 12.
1788, 20.
Ante, p. 20/,
An a£l to prevent thejiealing ofjlaves^ or b^ violence, feduB'ion or any other meatlSy taking or conveying away a-
ny Jlavf or Jlaves the property of another, and for other purpofes therein mentioned.
"HERE AS it is r.eceflary that the pernicious practice of dealing, or otherwife carrying away jlaves,
the property of others, as alfo of ftealing and carrying oft" free negroes and mulattoes, with an
intention to fell and appropriate the fame, fhouid be difcouraged by a law with additional penalties :
II. Be it therefore enacled by the General Affembly of the State of North Carolina^ and it is hereby enacted by th)
authority of the fame y That any perfon or perfons who fhall hereafter fleal, or fhall by violence, feduftio.i
or any other means, take or convey away any flave or flaves the property of another with an intention ',o
fell or difpofe of to another, or appropriate to their own ufe, fuch flave or flaves, or who fhall hereafter
by violence, jpjr any other means, take or convey any free negro or free negroes, or perfons of mixed blood,
out of this ftate to another, with an intention to fell or difpofe of fuch free negro or free negroes, or per-
fons of mixed blood, and being thereof legally convifted, or fhall upon his arraignment peremptorily chal-
lenge more than thirty-five jurors, or fhall ftand mute, fhall be judged guilty of felony, and fhall fufFer
death without benefit o£f clergy.
III. Provided for by'%&t iSovember, 1788, Ch. 7.
IV. Repealed, Vol. ^, 9,
V. And be it further exacted by the authority aforefaid, That the clerk of every county coiirt in this ftate
fhall, ouJthe third day of every court, read this aft in the prefence and hearing of the county court, un-
der penalty of five pounds for every default.
VJ. And be it further enabled by the authority aforefaid. That this law fhall take efFeft and be binding up-
on the fubjefts of this ftate, on the firft day of April next, and afterwards, and not fooner.
VII. And be it further enaSied by the authority aforefaid. That fo much of an a6i of affembly of this ftate,
entitled, *< An aft concerning fervants and flaves," as comes within the purview of this aft, is hereby re-
pealed, and declared to be void and of no efFeft^ to all intents and purpofes whatfoever.
An aSi for apprehending and felling certain slaves set free contrary to law, and for confirming the f ales of othert
and for other purpofes.
WHEREAS by an aft, entitled, <• An aft to prevent domeftic infurreftions, and for other purpofes,'*
it is provided that no perfon fliall liberate his or her flave except for meritorious fervices, to be
judged of and allowed by the coanty court ; and by the faid aft it is direfted in what manner, and for
what purpofes, fuch liberated flaves fhall be apprehended and fold : and whereas before the pafTmg of the
faid aft, and fmce the fixteenth day of April, one thoufand feven hundred and feventy-five, divers evil
minded perfons, intending to difturb the public peace, did liberate and fet free their flaves, notwithftand-
mg the fame was exprefsly contrary to the laws of this ftate ; and the county courts of Perquimans and
Pafquotank, conceiving they had power to proceed againft all fuch liberated flaves, did order them to be
fold to the higbeft bidder ; and whereas doubts have now arifen, whether the purchafers of fuch flaves
•have a good and legal title thereto ; for remedy whereof,
II. Be UenaBed by the General j^ffeinhly oj the flate of North-CaroHnOy and it is hereby ena5!ed by the authori- 1779, 267
'ty ofthejame, f hat all fuch flaves made bona jide, and for valuable confideration, fliall be deemed good and '-^-v^nJ \
valid, to' all intents and purpofes. Sales ccnfirm-
III. And as many negroes are now going at large, to the terror of the good people of this ftate, who "^' ]
-^irere liberated. in manner aforefaid previous to the paffing of the faid recited a£l -, Be it further enaSIed by ^■'fceedings a« ,
the authority aforefaid, That the fame proceetling fhall and may be had againft all fuch illegally liberated liberated!^**
flavef , as is direded in the faid recited a£l:, entitled, " An a£l: to prevent domeftic infurrediions, and for
other purpofes," in the farne manner as if fuch negro flaves had been fet free after the paffing of the fame.
Provided, That nothing herein contained fliall deprive of liberty any flave, who having been liberated, *
and not fold by order of any court, has inlilted into the fervice of tliis or the United States previous to the
paffing of this adl.
An act for levying a tixfor the year one thouj'and fevtn hundred and feventy'-nirie, and other purpojes. chap. 13. ,
Temporary, -.
An act for altering the times of holding certain county courts of pleas and quarter JeJJions therein men- chap. 15. ^
ttoned. Provided for \
irsi, 2. i
An aEifor extending the boundary line between tits fate and the comnion'aealth of Virginia. CHAP. 16.
HERE AS the inhabitants of this ftate, and thofe of the commonwealth of Virginia, have fettled 3, 1779,29.'
themfelves farther wieftwardly than the boundary between the faid two ftates hath hitherto been 2, l"80, 7.
Extended ; and it becomes expedient, in order to prevent difputes among fuch fettlers, that the fame (hould ^^?^' ^|' ;*
be now further extended and marked : . ' > • ;
II. Be it therefore enaSied by the General Ajfembly of the flate of North-Carolina, and by the authority of the Line to bsmn, >
fame, That Oroondates Davis, John Williams (CafweH) James Kerr, William Bai'ey Smith, and Richard
Henderfon, or any three of them, be, and they are hereby appointed commiffioners, with full power and *
authority to meet with other commissioners from the commonwealth of Virginia, and to pr«iceed to ex-
tend and mark the line between that commonwealth and this ftate, beginning where Jofhua Fry and Peter
Jefferfon, commissioners on the part of Virginia, together with I>aniel Weldon and William Churton, >
from North-Carolina, formerly appointed to run the faid line, ended their work ; and if that be found to ■
be truly in the latitude of thirty-fix degrees thirty minutes North, then to run from thence due Weft to •
Tenneflee cr the Ohio river ; or if if be found not truly in the faid latitude, then to run from the faid ■
place, due North or due South, into the faid latitude, and thence due Weft to the faid Tenneflee or Ohio 1
river, cotrefting the faid courfe at due intervals by aftronomical obfervations. If either of the commifli- J
oners by this a<fl: appointed (hall decline, or be unable to go through the duties of his appointment, the ^
governor and council (hall appoint fome other to a£l in hisftead. The faid commiffioners fhall nominate ■
fuch flcilful furveyor to execute their diredions, and fuch other attendants as fhall be necefl^ary ; and (hall i
endeavour to procure the moft accurate inftruments, which if injured in the faid fervice, fhall be made j
good at the public expence, or wholly paid for, at the election of the proprietor, if borrowed from an in-
dividual 5 or of fuch other perfon or perfons as fhall have authority to make fuch eledion', if borrowed
from any feminary of learning. Each commiffioneF fhall be allowed for his trouble herein ten dollars per
day, for every day he fliall attend ; each furveyor, with the chain-carriers and other attendants, ftiall be
allowed fuch fums as the commiffioners (hall certify they refpe£l:ively ought to receive, and be paid by ei- i
ther treafurers of this ftate out of any public monies in their hands, together with allowance to the com-" l
miffioners as aforefaid ; and the faid commiffioners are hereby directed to make report of their proceed-
ings to the general afl'cmbly. ^
III. [Temporary.' appointing a guard for the commifjioners.'] A
An aB for dividing Craven county into two di/linSi counties, arid for other purpofes therein mentioned. CHAP. 18, %
WHEREAS the large extent of the county of Craven renders the attendance of the inhabitants of the 5
extreme parts thereof at the court-houfe, to perform public duties, difficult and expenfive .• for •
remedy whereof, '
II. BeitenaSiedbytheGeneralAJfemblyoftheJlateofNorth-'CarJina, and it is hereby enabled by the author- Jones covntj
ity of the fame. That from and after the paffing of this aft, the faid coynty of Craven ftiall be divided into established, .
two diftjnft counties, by a line beginning at that part of Carteret line whigh lies directly fouth from the \
CHAP. 19.
Bute divided.
Coun ies eredl.
ed.
268 177S). head ^' ? .Ay inch, running thence to the head of the faid branch, and fo down the meanders of the
fame t^t v^ . . ar ; thence up Trent river to the nicuth of Deep-Gully branch, to Doyer or Bachelor ]
defart;;^ .^t- ap Dover or Bachelor defart, to the plantation of Thomas Kent ; thence a direft courf©-'
to the Soutfe-v eft bridge, at Dobbs county line ; and that all that part of the faid county of Craven which '
lies above or weftwardly of the faid dividing line, fhall be eftalpliftied a new and JiftiinS county by the nam«^- :
of Jones, ;
\Jhe remainder untucejfary to be infirted."^ \
Art ad for dividing Bute covnty into two dijlinct cnuntifs, and for othr purpofet therein mentioned. \
WHEREAS the large extent of the county of Bute renders the attendance of the inhabitants on th$ '
extreme parts of the faid county to do public duties extremely difficult and expenfive : for remedy i
whereof, _ ^ ... j
II, Be it enaBed by the General yfjfembly pfthejiate ^Norti-Caro/ing, end it is hereby enaBed by the autkom \
rity ofthefame^ That from aad after the palling of this a£^, the county of Bute fhall be divided into twp A
diftindi counties, by a diredl Ime from the Granville line to Halifa* or Nafli county line, as the cafe may;]
be, leaving ia each part or divifion an equal quantity of acres as near as can be afcertained. J
III. And in order that the fame may be afcertained with as much precifion as poflible, Be it further e(t» i'
aBedby the autbo'ity aforefaid. That Julius Nichols, William Duke, John Falcon, John Norwood, and Ma.»l|
thew Thomas, or a majority of them., be, and they are hereby appointed commiffioners, to meafure the line$. ^
of faid county on every fide, and to run the dividing line fo as to make each refpeftiye divifipn as conveni- ;*
ent to the refpeiSiive perfons refidirig therein as poffible, which faid line when run by the commiffioners, |
or a majority of them, fhall be entered on the record of each county : and all that part or divifion whicH*
lies north of faid line, and adjacent to Virginia, Ihall be a dilUnct county, by the name of Warren ; and aU ^
that part or divifion that lies fouth of faid line Ihall be .a diftinfl: county, by the ftame of Franklin. 1
\Jhe remainder ur.necejfqry to be inierted.~^ ' ~' ' " $,
An aBfor dividing Hertford county y and other purpofes thereitf mentioned. \
■ XIEREAS by reafon of the width of Chowari river, and the difficulty of paffing the fame, efpeciallyft;
ia boitterous v/cathcr, it is extremely inconvenient for the inhabitants of the north-eaft iide of "'
the faid river to attend courts, and other public bufinefs, as alfo for the eafe and convenience of the inha-
bitants on the North ends of Chowan and Perquimans counties, it is neceifarv that the fame be divide^ \
into a fcparate and diftindt county ,: ;\
II. Be it therefore enacted by the peneral Affembly of Ncrth'Carolina, and it is hereby enaBed by the autbo^^a.
rity ofthefamey That all that part of Hertford ecu ity that lies on the north fide of Chowan river, and all^
that part of Chowan andrerq^uimans counties that lies on the north fide of Catherine and Warwick creeksyl
and bounded as follows, that is to fay y begining at the Virginia line, oa Chowan river ; thence down the-
f lid river, to the mouth of Catherine creek ; thence up the fiid creek, to the mouth of Warwick creek ;
thence up faid' creek, to the head ; thence a diredl. Utie to the head of the Ip.diau branch, in Perquimans"'
county; thence down faid branch, to the great Difmai ^wamp ; thence a norlh-ei-.ii: co.urfe to the Virgi- '
nia line ; thence weftwardly along faid line, t*; the beg n^ ing ; and all that p'<>rt of Hertford, Chowan and '
Perquimans counties, included in faid lines, ihall be, and :s hereby eftablifliedacounty, by the nar.ieof Gates,
[j'he remqin^eif unneceffary to be infertii-']
An aB for dividing the county of Anfcn into ttuo dijlin'^ counties^ and o'ber ^-urpofes therein mentioned.
WHEREAS the large extent of the county of Anfon renders it grievous and troublefome to many
of the inhabitants thereof to attend the courts, general ele£lions, and other public meetings ap,^'
pointed therein : '-^ ' "" i
II. Be it enaBed by ihe General Affembly of the fate of Nortb'Caroli*'ay and it is hereby enaBed hy the /^fitho^'
rity of the fame, That from and after the paffing of this ail, the faid county of Anfon be divided by the road'
leading from Munro's bridge, oh Drovviiiog crck, to Coifon's feny, to a point cppofite the mouth of Roc-
kyriverj thence running a direci lino, croffing Pee Dee river, to the mouth of Rocky river ; thence up
the various couifes of Rocky river, to th? dividing line between the counties of Anfon and Mecklenberg j
and that all that part of the faid county of Anfon which lies to the north of the faid dividing line Ihall l?.Qi
ere£led into a new and diftin£l county, by the I'ame of Montgomery.
IThe remainder unmcejjary to be iuferted. )
CHAP. 20.
.Gates ercfted.
CHAP. 21.
Montgomery
ersaed.
An aFifor dividing fi>e mi^iy of GtiUfp^ ipUi tiuodijii}^ CH'^f^^t «tfdothef pfir.ppjcs ihmin mentioned. 1779. 269- j
WHERE Ay the large extent (^ the fqanfy of Quiif<?rjl r^nd^jrjj it gri^vpu? ai}4 .t|-QublfefQiyie to maay V-tntsJ \
of thA mhihi^am tlmff^M ^^fSP^^^e 9m^t^> g^m4^^^^i 9J?AiPf>?» ?p4 othec public meet- chap. 22. ■
ings r ' ' ':
II. BE it there/ore ettaBed iy the General Assembiy sfthejiate oj North'Carolina, and it if hereby enaSled bs County divii* ,■
the authority of the fame y That from after the paffing of this adt, the faid county of Guilford be divided into *^* - \
twx) fcparate and diftina cpunjies, Jbe^innypg onjl^ 4jif9^^ne, ^ t^e eor^jiprpf Rowan ; thence run- " ■
ing North twenty-eight mttes; then Laft, to the Orange line ;' and all that part of the faid county of t
Gij^ilfprd that lies South ^(jfrfjue jfor^f^id lipe^ Ihall conjinjie to rqm^in a diftinCt ai;:^d ^gg^M^ ^^'^'ii fef '
the name of Randolph. , .> ^^ « "• ... -. ., ^,, ..^ ,.., „.> .,,,,„,,..„„ , ,, . , ^ ^
\The temsiftder umeceffarj^ to b^ inferted.'^ ''
An oElfor dividing Tryon county inte ti^i^ Mmf fsuntiei, ky thg mmt ^ Li.J?cfiirf (fo4 ^^fkitfycd:, aadfcr other CHAP. 23,;
'' pu>pofts therein mentioned. '"" ' «
WHE^^EAS the large extent .of the county of Tryon rentiers, th^ atten<la,nf^e of tl^e it][ha^itant.J,qp tj« 1
e^t jieme p?*t8 of tli^e fai^ c^ui^ty tS ,4j? P^^blic lilies e^xju ei^ly'^djl^);^!'^ ^ ^)^^'^ysi V Im remedy 1
whereof, >\
II. Be it enacted by the Generaf Jifimbly ^thejate 9f North Caroliua^ and^t is hereby enacted by fpe (fjffhority County divii. ^
of the fame, That from a>nd aft;?r tl^e pappg .9^ tl?i.^ fift, :t^g cgm^Y 9^ 7^79^ ft>?^l"t?.e d^v-ided ' ifttp t^Q .sJif-. ^''' 1
flin<a coimties, by a line be^ruiig Atiihe fojith liqe Jiear §1.9?^ tivftf, jWJ .tJi^ dividing jid^e between Buf- !
faloe creek and Little Broad river, thence along the faid ridge to the line of Burke county, thence along '
the faid line, to the old Gherokee linr, thence a due weft CDUJffe to the top of a dividing ridge between the ']
eaftern and y/eftern vaters, thence a'ong the faid ridge to the old line clainrved by South-Carolina ; and ali •
that part of the fzii county w,bich J^s. on the eaft fide of the faid line ftiall be called and known by the 1:
name of Lincoln c^Qunty, and all that part of the county which lies on the other pr weft fide thereof, (hall ^
be (Jailed and known hythe name of Rutherford county. \
{The remainder unnecejfary to be inferted'\ '_
r)f ...
An aB for annexing part of Halifax county to Edgcomby and other purpofes. CHAP. 28. ^
WHEREAS the lower corner of Halifax county that lies next to Fifliing creek, is much more con- * . ]
venient to the public buildings of jEdgcomb county than to thofe of Halifax ; For remedy j
whereof. -
II. Beit enaSed by the General Affemhly ofthefiate of North -Caroltnjtiy and it is hereby enaBed b\ the au- CouotyUfle*; ■;
thority of the fame. That from and after the paffing of this a£l, all that part of Halifax county lying be-
low a iine beginning at John Wall's and Drewry Croker's dividing corner tree on Fifhing creek, then I
along faid Wall's line to the back corner, thence a dire£l: line as near as may be to the fork of the Marffi '
{wamp at or near Matthew Packer's, then down fajd fwamp to Deep creek, and acrofs faid creek to the ;
mouth of the Indian branch, then the various courfes of faid branch to the Martin county line, fhall be
held and deemed part of the county of Edgcomb, '^d the inhabitants .thereof Ihall be under the fame
icules and reltri£lions, as the other inhabitants of Edgcomb are. j
III. lPrivate.-\
IV. And whereas feveralofthe inhabitants of that part of Halifax county^ that by this a£l: is annexed
to Edgcomb, have entered land in the entry-office of Halifax:
V. Be it therefore enaBed by the authority afcrefaid. That where any perfon fhall have entered land as
aforefaid, the entfy-taker of the county of Halifax is hereby empowered and dire£led to make out war- j
rants and orders"of furvey and direft them to the furveyor of Edgcomb county, which faid furveyor is . .
hereby ordered and empowered to furvey laid land, to take the fame fees, and make the fame tranfmit- \
tance" thereof, as if the fame had been entered in .the entry-office of Edgcomb. \
VI. \_Private.-\ J
VII. And whereas that part of the dividing line between the counties of Edgcomb and Pitt on the
north fide of Tar river, as by law direfted, has never been run :
VIII. Be it therefore tnaBed by the authority aforefaidy That Jacob Little, Amos Adkinfon and Charles i
Walderfon are appointed commiffioners, and they are hereby empowered and direCted to run faid line.
Vol. I. 3Z
270 1779.
beginning on Martin county line as near as they Conveniently can in a direft courfe befrv<rcen tW (dwelling
houfe of William Jackfon and the mouth of Cheeks run on Tat river, thence a ftraif courfe to the moutS
of faid Cheeks run on faid river ; which line when run hy the! COAimiOioners or a majority of them,
agreeable to the direftions of this aft, fhall be by them entered on. record in eack of the eounitfes of
JEdgcomb and Pitt.
THE TITLES OF THE PRIVATE ACTS.
14 An afl for laying a furthertax on the taxable property of the'
inhabitants of Camden county, for the purposes of finish-
ing and coMpleating the court-house, prison and stocks of
the said county.
ir An afi to enable the inhabitants of a trail of land lying in
Mecklenberg county, known by the name of Governor
Dobb's trafl, no. Five, to make enuies thereof, and ob-
tain titles for the same.
34 An ai!t to amend anaS, entitled, " an aft foreredliftga pri-
son in the town of Edeaton, for the use of the iXi&m&. o£
Edenton, and other purposes,"
£5 An afi for the regulation of the town of Newbern, and for
other purposes therein mentioned.
86 An a«io lay olTand establish a town near Chatham court-
house on the plantation and land formerly the property of
Ancbrose Edwards, now entered in the land-oiEceby Ant
brose George, in said county.
27 An aA for ere^ing a' court-house, prison, and stocks in
Brunswick county, and other purposes
29 An aA forestablishing.an academy in tbe neighbourhood of
Hillsborough'
30" An a<a to invest the property of a bridge or causeway in
Gideon Lamb, his heirs and assigns, (by him already built
through the Great Dismal swamp, from Lebanon to Cam*
den County)' foi* the term of twenty-five years.
Si An ad to empower the county courts of Martin and Tyrrel*
to lay a further tax for defraying the expence of the pub*
lie buildings in said counties.
32 Aaa£l to empower the court of Bertie county to levy a further
tax for compleating the public^uildingsof said county.
Reid three times, and raUfied In G«Qq»l Asimbl/, tbe twelfth i»y of Fet)ruary.|Anno Dom. 1779.
Signed by Allen Jone$, s. s.
Thomas Benburt, s. c
L#* - 2,1779. 2Yi
^t a GENERAL ASSiSMBLY, begun and held at Smithfield, on the Third .velITs^''*^
I>ay of May, in the Year of our Lord One Thousand Seven Hundred ^»^"«o'«^'
and Seventy-nine, and in the Third Year of our Independence : Being the
First Session of this Assembly.
idn ail /or raifivg regular forces for the d'fenu of this and the neighbouring J atis, and for other pur. Chap. I.
pofes. Temporary.
Ah aH fhr emitting money far defraying the emp'tice ofthtmr, and for' other purpofet. chap. 2,
WHEREAS this ftate has incurred debts by raifing men to reinforce the battalions thereunto be.
longing in the army of the United States, upon the particular requifi don of 45ongrefs, for the
payment of which deljts the public faith fkands pledged, and that a further fum ihould be emitted to car- •
ijr on the operations of the war :
/IL- Be it therefore etiaBei by the General AjfemUy of the fate of North-Carolina, and by the authority of the fame. Money to be
That one half of a million of pounds be emitted on the faith and credit of this Itate, in bills of the fol- e'T^'"«d-
lowing denominationfs, that it to fay, one thoufand bills of two hundred and fifty dollars each, one ihou-
fand bills of one hundred dollars, two thoufand bills of fifty dollars each, twelve thoufand bills of twen-
ty-five dollars each, ten thoufand bills of twenty dollars, twenty thoufand bills of ten dollars eac'i and
twenty thoufand bills of five dollars each, that the fame be printed in a printing-prefs, and th it Hsnrv
Rhodes, Daniel Grant and Memucan Hunt, be appointed commiffioners to fuperintend the printing the
fame, and tliat Thomas Perfon and John Hunt be commiffioners to receive the fame when printed and
numbered, to^gn the fame and pay it into the hands of the public treafurers.
I III. And be it further enaSiedby the authority aforefaidi That the general form of the bills hereby emit- ^"^'""of the
ted, (hall be as follows, to wit, « State of North-Carolina. «« This bill entitles the bearer to receive '*'''*"
«« Spanifti milled dollars, or the value thereof in gold or filver, agreeable to an adl of Affembly paf-
« fed at Smithfield, the fifteenth day of May, one thoufand feven hundred and feventy-nine." And fuch
bills (hall be irapreffed and printed both in the face and reverfe thereof, on the edges as well as the bo-
dy thereof, with divers letters, marks, devices and words, which may be difficult of imitation, and
which in the opinion of the faid fuperintendants of the prefs may moft effedlualiy fecure the fame* from
attempts to counterfeit. 4'
IV. And beitalfoena£ledby the authority afore/aid. That every doUaf of the emiffion aforefaid {hall be Valuation of
held and deemed equal to eight fliillings proclamation money, and (hall pafs current at the fame and be "** ""«"=/.
a lawful tender in all payments and contrails within this ftate ; any law, ufage or cuftom to the contra-
ry notwithftanding.
[The remainder unnecejfary to be inferted.']
An aSl to amend an a8, entitled, ** An a£l for levying a tax for defraying the contingencies of the feven^^ chap. 3.
counties in this ftate, and other purpofes." 1784, 30.
WHEREAS it is found by experience that the tax of one fhilling only on every hundred pounds ^''"P-24^«
value of taxable property in this ftate levied by the faid aft, is far inadequate to the purpofes
aforefaid ; '^ *^
- II. Be it therefore enacted by the General -4fembly of the ffate of North Carolina, and it is hereby enaSled A, Tax laid.
the authority ofthejame. That for the future an annual tax, not exceeding five (hillings on every hundred
pounds value of taxable property in this ftate, be levied for the purpofes aforefaid ; which value ftiall be
aflefled, and tax collefted in the fame manner, and under the like rules, regulations, reftri£lions and
^wances, ^ made and dire^ed in |ev]fing an^ goUeiting public taxes } and the iberiffs for each ref-
Poll tax.
373 2,1779- peftlve county, in this ftate are hereby ordered and required to coll«ft the aforefald tax, or fo mach
thereof as the county court in each refpeftive county (hall or^ertaiid (|^^) and pay the fame into the !
liands of the truftee on or before the firll day of April znnua^lyk^^ t . .^
III. And be it further enacted by the authority ajorefaid. That OTWy freeman in this ftate pf the age o? I
tvi'enty-one years and jupwards (other than foVlicrs in the i^rvice of the continent, pr pjf this Itate) wh».
fhall not poffefs the valu? of four hundred pounds iij taxable property, ihajll pay annually, in lieu of a{i
feffinent on property, a poll tax e4ual to the tax that year on four hundred pounds,, ^hieh (hall be col-
le^J^d and accoun<ed for ?g other taxe? ©entio^ip^ in i^g:4<3- Prop^t^e^ nwerlhfUjs^ That pi^i^l-i^ji naea
who are not poflefled of one ^hundred pounds taxable property, ijjal) p*.,'^ annjaally, i^i j.iej^ pf aQe,ir<?»ent, ,
a poll tax equal to the tax for that year of one hundred pounds only.'
IV. And be it further enacted^ That fo much of the before recited aft, as comes wlthirf'the purview
and meaning of this a£t, is hereby repealed and made void.
V. And be it enacted by the authority ajorefaid^ That it fhall and may be lawful for the entry-taker of
Batie county, w^ien the fame Hood uadiyided, to iffae warraij^ts for all lands |n W^refli county, . VEhiohw
have been entered with the faid entry-taker before the (livifion of Bute county.
VI. And be it further enflcted by the authority afore/aid. That it fhall and may be lawful for the late
furveyor of Btfte or Warren coynty, as it ftoo<l undivided, to fur.v.ey. all land^ whi<^ were entered with
the entry-taker of faid county beforfi thediyifion thereof, in that pajct wiieii i« now «?li?d WaiSTfiij, jn^
{hall be entitled to .the fame fees as other furveyocs in th^ ilate. ' '
VII. & Vm. {Frm.4fifQr i^y fuhfifueni a£it.'}
CHAP. 4-. An oBfar allowing falariesUihe -Governor, menjihertjft^e council cf ft ate ^ attd for oth«r fMK^fet. EXp.
Repeal: nj
clauie.
Warrants is-
sued in Byte
for lands in
Warren.
Such lands
liow aarvejiid
CHAP. 5.
Ante p. 233.
and aifts there,
referred to.
'1 he 1st 5 sec-
tions eiih«r
jirovided by
iubsequent
afls, pv private,
Slaves not to
raise stock.
Frovision for
isidigent per-
.sons in service
of the state.
Repealing
clause.
An aBfor amending an aB for making provifion for the poor, QnA for ether. purpojes. - |
VI. A ND whei'eas by an aft, entitled, «* An aB concerning fervants andflaves^* it is enafted^, Thafr- j
/\ no flave fiiall be permitted on any pretcAicg whatjoever, to rai-fe any horfes, cattle, hogs or. • '
fheep ; Be it therefore enaSed by the authority aforefaid., That all horfes, cat-tie, hogs or fheep, tf\at,'orie' '-
month after the paffing this aft, fhall belong to any flav£, or be of any flave's mark, in this ftate, ftiall \
be feized and fold by t?he county wardens, and by theoi jipplied, the oneha^ to t^hefup|mrt of the poor • ('
of the county, and the o,ther;haIf to the informer. . ' '^ •'WgF.^ |i
VII. And be it further enaBed by the at^hirity afrejaid. That .when any citizen of this ftate is abfent on j;
ferviceas a militia man, and is thereby renjlered incapable of labour, or whofe family is unable to fup- j,
port themfelves during his abfence or inability, the CQurt of over/eers to wliidj he belongs, on applica- j
tion, fhall make hire or -Pliem fuch aliowar;ce as they think reafonable out of their tax, towards the
maintenance and ,fupp<M^ pf fuch mao Q.rJFamHjr, and an account of >uch expenditures iliall be allowed j
in their fettlement with the county.
V-IH. Aitd 'bek^rther .'enaBed by tfie authority aforefaid^ ''i'h^'fo macti of t^ie above recited aft as comes |
^■Virithln tbe piirvie^iy of thiS; is l^er^eby repealed aiid W^de void, i
*€ad three times anjl ratified in^icnewil '^ssembly.-tke tpj^ p^M^, XW,
j^igned by Allen 5oms, «. .«. |
Thowas BENBUi^y, s. c. 4j
S,17?9. 273
■ imunj.'wiim niMn
At a Genqral ASSJiMBLY, begun and held at Halifax, on the Eighteenth Richard cas-
Day of October in the Year of our Lord One Thousand Seven Hundred and Governor!'^*
Seventy-nine, and in the Fourth Year of the Independence of the said
State; Being the Second Session of this Assembly.
jin aH for fending an aid to thejiates of Soutk-Carolina and Georgia, and for other pttrpojet. CHAP. 1. .
Tem')orary. ,]
ibt 7lB to carry into tffeB an a£f pa/fed at Neivbern in November^ in the year one thoufand /even hundred and fe- CHAP. 2.
venty-feven, entitled, " An a<^ for confifcating the property of all fuch perfons as are inimical to this or ^^*^ |" ^^' !
the United States, and of fuch perfons as Ihall not within a certain time therein mentioned appear and ^efewed to.
fubmit to the ftate whether they fhall, be received as citizens thereof, and of fuch perfons who (hall fo ',
appear and fiialinot be admitted as citizens, and for Other putpofes therein mentioned," and for other j
purpo/ef. ' ' i
WHEREAS it is enadled by the a£t aforefaid, pafled at Newbern in November, one thoufand feven \
hundred and fe venty-feven, that all the lands, teqements, hereditaments, and moveable proper-
ty, within this ftate, and all and every right, title, and intereft therein, of which any perfon was feized
or poJTeffed, or to which any perfon had title, on the ifourth day of July, in the year one thoufand feven :■
hundred and feventy-fix, who on the faid day was abfent from this ftate, and every part of the tJnited -
States, or who has vi'ithdrawn himfelf from this or any of the United States, after the day aforefaid, and '
ftill refi.'es beyond the limits of the United States, fhall and are ifiereby declared to be confifcated to the ■,
ul'e of this ftate, unlefs fuch perfon ftiall at the then next general aflembly which (hall be held after the j
firft day of Oftober, in the year one thoufand feven hundrc'd and feventy-eight, appear, and be admitted j
to the privilege of a citizen of this ftate, and reftored to the pofleffions and property which to him once ^
belonged within the fame •• and whereas divers perfons, who come within the descriptions of the aforefaid
aft recited, have failed or neglefted to appear before the faid general aflembly as laft mentioned, or at a- ]
ny general aiTembly fince, and fubrnit to the ftate whether they fhall be admitted as Citizens thereof, and \
reftored to the poff^pions which tp them once belonged, whereby fuch certain perfons herein after men-
tioned have clearly incurred and become liable to the penalties of the aforefaid firft recited aft :
II. Be it therefore enaEied by the '^enera<' Affembly of the fiate of North-Carolina, and it is hereby enaBed by Estates eonSs? i
the authority of the fame. That all the lands, tenements, hereditaments, and perfonal property within this *^*'****
ftate, of William Tryon and Jotjah Martin, Efquires, Sir Nathanial Duckinfie'd, Henry Euftace M'Cul- i
loch, Henry M'Culloch, Samuel Cornell, and Edttiund Fanning, Thomas Macknight, late of Currituck
county, James Parker, William M'Qormack, John Dunlap, Neal Snodgrafs, and John Lancafter, late !
6S Pafquotank county, James Green, mariner, anid John Alexander, late of Craven, Thomas Oldham, "^
iate of Chowan, Thomas Chriftie, of the kingdom of Ireland, Frederick Gregg, late of New-Hanover, ^
Andrew Miller, Alexander Telfair, Hugh Telfair, John Thompfon, John Hamilton, Archibald Hamilton, late '
o(Haliffix, George Alfton,late of Granville, Michael Wallace, John Wallace, late merchants of Virginia, Wil- i
li»n\ Field, John Field, junior, and Robert Tuqier, late of Guilford, John Moore, late of Tryon, James Ro-
berts, late of Surry, George Miller, late of Dobbs county, James Gotten, Walter Cunningham, Samuel Willi-
ams, late of Anfon, Samuel Bryan, William Spergen, Matthias Sappinfield, late of Rowan, William M'Clel- \
Ian, late of Edgcomb, Meflieurs Dinwiddle, Crawford, and company, late of Bute county, Robert Pal- }
Dier, late of Beaufort, Edward Brice Dobbs, Ralph M'Nair, John M'Nair, Jcfeph Field, Jamts M'Meil, *
Archibald M'Coy, Alexander M'Cay, Neil M' Arthur, John Leggett, John M'Cloud, Colin Shaw, Wil- ,
Ijjam Campbell, ■ James Gamble and company, Thomas Rutherford, William Rofe, Alexander M'Coy, ,'
Meflieurs Waller and Bridgen, merchants in London, Alexander M'Auflen, late of Newbern, Alexander . •
Campbell, Robert Bell, and Duncan Campbell, late of Granville county, FranCis Williamfon, late of .
Vol. I. - 4 A ]
Commission-
ers appointed
Their oath.
And power.
^4' 3, 1779. Currituck county, Chancey To^vnfentl, Do£lor Tucker, late of Wilmington, andt Buchanan, Haftie, ani ij
" company, and all others who come within the nrjeanin,; of the confifcation and tliis act, and all and every j
the right, title and intereft, which.all, oreachof the pfirfolj? aforgfaicj', may have had therein on the faid >.
fourth day of July, one thoufand feven hundred arid feventy-fix, or at anytime fince, -^hatf be, and "are i
herehy declared to be confifcated, fully and abfolutely forfeited to this ftate, and (hall be vefted in the |
hands of commifRoners as in this a£t direfted to be appointed , for the purpofesfirgrein after mentioned, ^
III. And be it further enaSied by the authority aferefaid. That commiflioners fli'all be appointed by the coun- ;i
ty court in each county, vyho (hall feverally give bond', with three or more fureties, in the fum of one i
hundred thoufand pounds at leaft» anu not exceeding five hundred thoufand pounds, at the difcretioh of "
the county court, to the Governor fOr 'the time beingi^ for thie- ufe- of the ftate^ for the faithful difcharge ,
of their duty according to lavjr ; and. fliall alfo take the following oath, previous to entering on their of-
fice : '-....,. ■ . .;
« y A. B. do fwear, that I will faithfully difcharge the trufl: repofed in me as a commifTioner, to the j
X. " heft of my knowledge, according to law; and that I will fully, account for all money or effe(2s 1
*• that fliall come to my handsj^ in confequence of my appoirttment, as the law diredJs.' ' " *
, SO HELP ME GOD."
And the faid commiflioners In their refpective counties (hall have fullpower and authority to take poflef^\j
fion of all lands, tenements, hereditaments, monies, diebts, whether due by judgment, bond, bill, note, ;;
account, or otherv. ife, and all other perfonal property of the perfons aforefaid, in the name, and for the >;
ufe of the ftate, which by thisa£l are declared to be forfeited to the Aate, and fhall give receipts or dif- j
charges, which fliall forever indemnify and acquit the perfons delivering or paying the fame, their heirs, ;
executors, and^dminillrators, againfl: any future claim for the articles or money mentioned in fuch receipt ,
or difcharges. . ,. / "- >
IV. Andbe it further enaSied by the authority aforefaidy ThaV sill perfons Wlio oweanyfterling deht to any'
perfon or perfons defcribed in the confifcation z(k or in this a£t, whofe property is tiiereby confifcated, -
ihall pay in lieu of every hundred pounds fterling, th^ fum of one hundred and feventy-five pounds cur- 1
rent money of North-Carolina. ,/ •
V, And in order to difcover all the property, real and perfonal, of the perfons "aforefaid, by diisa£);'
declared to be forfeited ; Be it enacted Ey the authcriity aforesaid. That the faid commiflioners fliall and may <
order the feveral conftables to fummon any of the inhabitants in their refpeft'ive counties to appear before f
them at convenient times and places, to give in on oath an account oi fuch forfeited property, when they,
or a majority of them being prefent, fliall adminifler the following oath or afiirmation to the inhabitants
fb appearing :
** T A. B. do fwear or affirm, that the account by me reiidered contains a full and true account, to the
X " heft of my knowledge, of all the lands, tenements, hereditaments, debts, monies, and all per- i
** fonal property in the county of or elfewhere, which belonged on the fourth day of July, one
*' thoufand feven hundred and feventy-fix, to any of the before mentioned perfons, or at any time fince,
«« who come within, or are included by the defcription, or either of them, recited in this a£l, or the
*• confifcation aft pafled atNewbern, in the year one thoufand feven hundred and feventy-feven, and
*• have not difpofed of or parted with the fame, or any g^rt thereof,' to elude or evade the intent and mean-
« ing of the confifcation or this a£t ; and further, that the faid account contains, to the heft of my recol-
*• leftion, the full amount of all smd every fum or fpms of money which now are by me due and owing
•* to any fuch perfon or perfons, including intereft^ (if any) by bond, note or account, or by virtue of ^
« nytruft whatever." ' SO HELP ME GOD."
And if any perfon fummoned as aforefaid fliall fail to appear, or appearing fhall fail to render an account
as above mentioned, on oath or affirmation, as the cafe may be, in fuch cafe the faid commiflioners, or
any two of them, fliall have power to commit fuch perfon, if prefent, to clofe gaol, until he or ftie fliall
comply with the law ; and if abfent, fliall iffiie a warrant, diredtd to any fheriff or conftable, to appre-
hend and bring fuch abfent perfon before tham at any place, on a future day, when if he or ftie fliall re-
fufe to render an account on oath as aforefaid, he or flie fhall alfo be committed to clofe gaol, until he or
Ihe fliall render an account on oath or afiirmation as aforefaid ; aiid the faid commiflioners are hereby in-
vefted with power to adminifter the oath, iffiie warrants, and make commitments, in manner aforefaid.
howacc6on»? ^^' ^"'^ be it further enaded by the authority aforefaidy That the county court fliall have the fame pow^,
y^ to require and comgiel the oath afore mentioned from the commiihoners themfelves, which the commit
Exchange of
money.
Property how
ducovered,
ffioners have refpefling others ; and the commifRoners {hall account for any money, or other effects, 3,1779.275 '.
declared forfeited by this acffc, due by them, or in their pofleffion, in the fame manner as in other cafes. ^.-<-vNJ .
■ ' VII. And be it therefore enaJfed by the authority afore/aid, That the faid commiflioners (hall enter in a book Their duty on \
to be kept for that purpofe, all fuch lands, tenements, hereditaments, and perfonal property, of the per- ^^''"S 'and?, j
fons aforefaid, forfeited by this or any othej adk, which fhall come to their knowledge or pofleffion In how^fiUed!**^ '
their refpeftive counties* together with the names of faid former owners, and alfo whether the fame, or
any part thereof, be claimed by any fubjeft of this ftate, or any of the United States, and (hall fpecify
all fums of money which are or (hall be due or owing by any inhabitant or inhabitants within faid county
to any of the before mentioned perfons, or his or their former creditors, together with the names of fuch
debtor and former creditor as aforefaid, and {hall make report of their proceedings to every county court >
which (hall be held in their counties refpeftively ; and the feveral county courts (hall antl may have pow- '
er to fill vacancies occafioned by death, refufal, or removal out of the county, provided that there (hall
not be lels than feven juftices prefent at the appointment of any comrnilEoner : and the faid commiflion-
ers fhall, and are hereby authorifed and required, to fell all and every the lands, tenements, heredita- j
ments, and perfonal property, of the perfons aforefaid,^ by way of public audlion, at the court-houfe o£
the county wherein the faid eftate fhall be, m the time of felhons, advertifing the fame in the Virginia ;
and South-Carolina gazettes one month at leaft previous thereto,and in the moft public places of the county, 1
in fuch quantities as the faid commiffioners fhall think bed, fo that no tra£t exceed more than fix hun-
dred and forty acres, to be laid out by a furveyor for that purpofe appointed by the commiffioners, one
half the purchafe money to be paid .down to the faid commiflioners, and for the other half they fhall take •
bond, with fufficient fecurity, payable in fix months^ to the governor or commander in chief for the time j
being, for the ufe and benefit of the fame ; and any two of the faid commiffioners are hereby veiled with ' i
full power and authority to execute to the purchafer or purchafers as aforefaid a deed of bargain and fale, i
or other conveyance in law, for fuch tra£k or tra£ls of lands purchafed as aforefaid, which fhall be good i
and valid m law to convey the fee of the fame to the purchafer or purchafers, his^ heirs and afligns, fore- '
ver .• any law to the contrary notwithftanding. j
Will. Providedy That if it fhall appear to the county court that any perfon, being a fubje£l of this or Rig>>tofap'
any of the United States, hathj or pretends to have, any right or title in law to any lands, tenements, he- P**'" .\
reditaments, monies, debts, or perfonal property, of any of the faid perfons declared forfeited by this a(ft,
fuch court fhall flay all further proceedings of the commiffioners thereupon, and fhall fend up a true and ;
exa£l ftate of fuch claim to the fuperior court of the diftri£l ; which fuperior court fhall proceed to en- H
quire into and determine the legal right and title of the perfon fo claiming,, by jury. In the fame manner s,
as infuits of common law, and fuch determination when had fhall be final ; and the clerk of the fuperior ■
court fhall tranfmit a copy thereof to the county court wherein the difpute originated, which ftiall pro- j
eeed according to fuch determination. \
IX. Provided alsot That if any real or perfonal eftate belonging to afty Orphan, or other perfon, not Proviso, foror.
comprehended or included by the defcriptions In the a£l afore mentioned, or either of them, fliall be fold P'l^i's. i
by virtue of this a^, fuch orphan or other perfon^ notwithftanding he, fhe or they, fhall have failed or '
neglefted to exhibit fuch claim to the county court previous to the fale, fhall on due and fufficient proof
made before the general aflembly, be entitled to receive the whole amount of the fale, with fix/»fr centum j
intereft thereon. <
X. And provided liietuitej That all perforis being fubjefts of this flate, dir of any the United States, and For creditors.- i
having juft claims or demands againft any eftate or eftates declared forfeited by this adl, and aftually fold t
Or converted to the ufe of the ftate in confequence thereof, fhall upon due proof made before the gent'- i
ral afTembly, be entitled to receive their feveral demands, if the fales of fuch eftate be fufficient, but if
not, fhall receive in proportion to their feveral demands. \
XI. And be it further enacted by the authority aforesaid. That the commiffioners in their refpe£live cOun- CommissioreM r
j ties fhall liave the fame powers and authorities to demand, make diftrefs for, and receive, all fums of mo- 'he same pow \
ney due and owing by the inhabitants thereof, and declared forfeited to the ftate by this ad ; and fhall be ^" Sheriffs, ^
I fubjeft to the fame pains, penalties and reftrlftions, and fhall account with the public treafurers for the * :
i fame, and alfo for all money arlfiiig from the fales <tf lands, or fale of perfonal property, as In this ad \
I direded, at the fame times, and in the fame manner, as fherifFs or county treafurers have or are liable to ]
■I by law for the colleding and accounting for public taxes, and (ball have and receive for their fervice*_at ^
'.the rate" of twd/^fra«/. each. _ . ^ - -
.,y-
276 2,1779
Entries ot"
lauds void.
TroviiO.
Clerks to male
traubcripts.
Property not
her a fide dis-
poned of, con-
iisciiud.
Rorveyor's
fees.
AS repeal fJ,
Ante p. 260.
Right of dow'
XII. And h fit further enaSled by th* authority aforefaid. That all entries already tnade,OT which (hall j
hereafter be made of any lands, tenements or hereditaments, of the perfons aforefaid, whichcome with- ,
in the meaning of the coififcation ad. paffed at Newbern, in November, one 'IV^^J^^^'^.^,^^;;^" ^^^^^ '
and feventy-feven, or of this aft, (hall be utterly void and of none effeft. Provided That nothing con- ^
tained in this ad (hall be conftrued to invalidate or repeal any part of an aft palled during the feffion of ,
reneral aflembly at Halifax, in January and February, one thoufand feven hundrea and feventy-nme, en- ^
titled. « An aa to enable the inhabitants of a trad of land lying in Mecklenburg county, known^ by the ,
name of governor Dobbs's trad. No. Five, to make entries thereof, and obtain titles for the fame. tro- ^
^ided. That nothing contained herein, or in the faid confikation ad, (hall be conftrued to repeal "An ,
aa for eftablilhing offices for receiving entries of claims for lands in the feveral counties withm this (late, ,
for afcertaining the method of obtaining titles to the fame, and for other purpofes. or any part thereof,, .
bur that the fame is and (hall be in full force ; and that all proceedmgs that have been, or (hall hereafter ■
be conduced according to the diredions of the faid aft, as to the lands therein mentioned, are hereby de- ,
clared crood and valid; any law, cuftom or ufage to the contrary notwithftandtng. . ^;
XIIL And be it further enaBed by the authority . aforefaid. That the clerk of each and every county cou^ ,
(hall tranfmit to the general affembly a complete tranfcript of the report or reports of the commiffioners m :
their refpeaive counfies, and of the proceedings of fuch court thereupon, under the^penalty of five hundred >
pounds; to be recovered by adion of debt, in the name of the governor for the time being, to be apph- ,
ed to the ufe of the (late. ..',,. i, . .i.- n. .. j :
XIV And whereas many perfons who heretofore refufed to take the ojth of allegiance to this (late, and ^
were compelled to leave the fame in confequence thereof, by virtue of an aa of aflembly, palTed at Newbern .
in April, in the year one thoufand feven hundred and feventy-feven. entitled « An aft for decl*rmg what •.
crimes and praaices againft the ftate fliall be treafon, and what fliall be mifprifion of treafon, and provi- ,
ding punifliments adequate to crimes of both clafTes, and for preventing the dangers which may arile from ;
perfoSs difafFeaed to the ftate," and of another aa pafTed at Newbern in November, in the year one thou- ,
Ld feven hundred and feventy-feven, to amend the aforefaid aa, have failed or negleaed to fell and cpn- I
vev their real eftates agreeable to the faid aa, and to appoint lawful agents or attornies to receive and give
dilchariies for debts due and owing by the inhabitants of this ftat? ip perfons who (o departed therefrom, ..
wherebVmany lands of the perfons laft defcribed ate yet undifpofed of, and ftill conunue to be and remain i
to the ufe of the fame, and many well meaning people are defeated of an opportunity to difcharge fuch ■^•
debts due as aforefaid : Be it therefore emBed by the authcmy aforefaid. That all fuch lands of the perfons \
defcribed in the faid laft recited ads, which have not been fold and difpofed of bonajide for a valuable con- .
fu!cration aaually paid, and all debts, money, and perfonal property, belonging to the fame, not yet col- \
leaed and appropriated according to the direaions of faid ads. (hall be, and * heieby dechred to be confif-
cated to this ftate, and the commiflionerj aforefaid are hereby direaed to proceed on fuch real and perfon- ;
al eilates in like manner as on the eftates of the perfons firft mentioned in this aa ; any thing contained j
in the faid laft recited aa to the contrary notwithftanding. . ,, , -n- *
XV And be it further enaBed by the authority aforesaid, That the furveyor appomted by the commiibon- |
ers to run out any of faid lands, (hall be entitled to receive eight pounds for each traa of fix hundred and .
forty acres, and fo in proportion for a lefs quantity of land they fliall be ordered to run out.
XVI. And be it further emBed by the authority aforef>id. That an aa pafTed at Halifax in January, one
thoufand feven hundred and feventy-nine, entitled « An aa to carry into eff^a an aa,- pafTed at Newbern
in the year one thoufand feven hundred and feventy-feven, for confifcatmg the property o, [ucli perfons as,
are inimical to this ftate or the United States, and of fuch perfons as fhall not with a certain time therein,
mentioned appear and fubmit to the ftate whether they ftiall be received as citizens thereof, and of fuch
perfons who {hall fo appear and fhall not be admitted as citizens, and for other purpofes therein mentioned i
and for other purpofes," and every claufe of the faid firft recited aa, ftall be, and is hereby repealed and,
made void ; any law to the the contrary notwitliftancUng. r r-j ^ i .lu j'^
XVII Provided nevcrthehfs, That the wife or widow of any of the perfons aforefaid, who hath been and,
now is rcfiding within this ftate, (hall not be debarred from her right of dower m and to her huftiands^
lands, but ftiall be entitled to one third thereof for and during her natural life, to be laid off by the com«
miffioners in the fame manner as lands in dower are by the common law ; and that a proper^ (ubliltenc<jf
out of the fales of faid hufljand's eftate ftiall be allowed to the wife or widow aforefaid, for , the maintenrj'
ance of herfelf, ?nd fuch children, being minors, who are now refidents of this ftate, as the general affem- 3,1779. 277
bly fhall direa. «,*^oO
XVIII. Provided nsvertheU/Sf That nothing herein contained (hall be confttued to empower the commif- I'rovision for
fioners appointed by virtue of this aft, to take into their pofleflion any houfehold furniture or provifions ^^'^ parents,
belonging to the aged parents, wiver., children, or widows, of any perfon whofe eftate is confifcated by
virtue of this or any other zOi pafled in this ftate.
XIX. Provided nevertheless. That the commifTioners appointed according to the direftions of the afore- Former com-
faid a£t, pafled in January^ one thoufand feven hundred and feventy-nine, who have done, performed and rnissioners to
executed, any of the trufts repofed iu them by the faid aft, fhall be accountable to the treafurer of the dif- *"°'-'"'-
Xxxdi for ail fuch fum or fums of money by them fo received, as the commiffioners by this aft are liable to,
and required to be,
XX. And Ih it further enacted by the authority aforesaid^. That if any recovery (hall be had hereafter againfl Recoveries
any perfon for any fum or fums of money by him or her paid in confequence of this aft, the ftate (hail ful- made good,
ly and amply, on fufficient proof made to the general aflembly, pay and fatisfy to fuch perfon all monies.
fo recovered, together with ^l damages which may thence acctue,, whether arifing from delay, imprifon-
ment, or oth^rwife,
An a£l to prevent hunting in the night tifne with guv andjire Lights and other pur paffi^ thtreifi mtn- chap. 3.
tioned. Rep.2.I784i33j
IX. A ND be it further enacted by the authority aforefaidy That if any perfon fuiiimoned' as an evidence except, per-
Xlt. agalnft any fire hunter, and fhall refufe or negleft to give evidence againft fuch fire huntef, [p^afojf^ ^^^
fuch perfon fo refufing or neglefting (hall be committed to the gaol of the county where the offence Ihall Pen. on refu-
be committed, until he or fliP ftiall give evidence againft the offender. ""g to give evt«
dence.
Ail' to aSh amend an aet entit'ed^* hazQi. for eftablifhing offices for receiving entries of claims for lands in the chap. *.
feveral counties within this ftate, and for afcertaining the method of obtaining titles to the fame, and Ante p. 205.
for other purpofes therein mentioned •" and alfo to am^ndene other acfy entitled, ** An aft to amend an *"^ afis there
aft for eftabUOiing offices for rtceiving entries of claims for lands in the feveral counties within this ftate, ^^ "'^ '°'
for afcertaining the method of obtaining titles to the fame, and for other purpofes therein mentioned."
I. f]V it enatfed by the General jjpmbty of the fate of ^orth-Carolina, and it is hereby tnaSied by the authority Where new
f3 of the fame, That from and after the paffmg of this aft, the feveral county courts within this ftate '"^'* "^ay ^
fhall have full power and authority, and they are hereby declared to have'iuU power and authority, in all * "
cafes now undetermined, where they fhall judge a new trial neceffa^ry, to order the fame either on the pre-
mifes where the bounds of the land come in queftion, or before them, in which laft cafe they fhall direft
a jury to be unpannelled and fworn as in the trial of other caufes, to try the difpufed claim ; and where
the faid jury ftiall find generally or fpecially, the fame proceedings fhall be had on their verdift as in cafes
of verdifts returned by the ftieriff refpefting vacant cr unappropriated lands ; and the judgment of the
court in all «afes of vacant or unappropriated land fhall be final and conclufive, without any appeal to the
fuperior court,'
II. And be it enoBed by the authority aferefaid,ThztaU appeals undetermined and now depending in Appeals h«w
the faid fuperior courts, fhall be proceeded on and determined in the fame manner as before the paffmg, ^"^'^'
of this aft, any thing to the contrary: notwithftanding.
III. And' be it further enaSed by the authority aforefaid. That the flieriff, or his deputy, (hall have full pow- Sberiff to a4«
er and authority, and they art hereby declared to have full power and authority, to adminifter an oath to """'ster an
the jury and witneffes, and to qualify them in the f^me manner as a juftice of the peace, purfuant to the
before recited aft pafled at Newbem.
IV. And be it further ena3ed by the authority aforefaid. That in cafe of the death of any perfon who here- Titles to en-
tofbre has made an entry of land, or who hereafter fhall make an entry pending the fame, or before the ^'"" lands,
making out the grant, his or their heirs or affign& ftiall have a fee Cmple eftate in the premifes, although the
grant fhall be made in the name of the decedent.
V. And whereas in many cafes after entering a caveat the contending parties meet and agree, which \greements
agreement often cannot ba afcertained, and thereby juftice is delayed, and the intention of thelegiflature ascertained,
in granting land defeated ; Bs it therefore enacted by the authority ajoresaid^ That ofi application to the coun-*
Vol. I. 4 B
Pen. on jurors.
Lands how
xun.
278 3,1779. ty court where the land lies, both parties having fuch previous notice as the court fhall judge fufEcient,
" they fhall afcertain the agreement, and give judgment in the fame manner as on a verdi£l of a jury, and
the ]i!ce proceedings fliall be had thereon. Provided nevertkel>!ssy That in cafe the agreement cannot be af-
certained to the fatisfn^lion of the court, they ihal! order a trial as in other cafes of caveats.
VI. And whereas there is no law to enforce the attendance of jurors on trials on the premifes, and
delays frequently happen in confequence of their failure ; Be it tbirefere ena3cd ty the authority aforefaid.
That in cale any perfon fummoned as a juror to attend on the premifes, who fhall fail to appear and pro-
ceed on the trial, the fherifF fhall return a lift of his or their names fo failing to the county court next
fucceeding, who fhall order a notice to ifTue for him or them, to fhew caufe at the next fuccedmg
fefTion in juftificarion of fuch failure '; which if the court fhould think not fufficient, they fhall fix a fine
on the laid delinquent not exceeding fifty pounds, and be further liable to an aftion of the party griev-
ed.
VII. And be it further enaEied by the authority aforefaid. That when it fhall fo happen that any perfon
or perfons fhall have made, or hereafter may make any entry of land on any navigable water, and are
prevented from running out the-fame agreeable to the directions of the before recited act, by the boun-
dary of any land heretofore run out, that then, and in that cafe, the furveyor may and fhill run out and
furvey the fame in the fame manner that other lands are directed to be laid out •■, any thing in the before
recited act to the contrary notwithflandiag.
VIII. \_ProvidedJor byfuhfeqiient acts']
IX. And whereas grants may be fecretiy obtained by artful and defigning men for Und to which they
grants stopped, have no juft title, to the great injury of many of ths inhabitants of this Itate ; For prevention whereof,
Be it further enaciedy That upon complaint being made on oath, and fulH-ient reafon fhewn to the go-
vernor or commander in chief, he may fufpend the execution of fuch grants, and dire£l: the fecretary
to certify the fame to the court of the county wherein the land may lie ; and the court fhall upon re-
ceiving fuch certificate from the fecretary order^^rial by jury, in the fame manner as they might do if
a caveat had been made in the office of the entfy-taker, and the proceedings to be conducted in the
fame manner as is directed in the before recited adt.
X. \_Providedfor by subsequent acts.~\
Execation of
CHAP. 5.
Ante p. £i5.
SheiifTs ap-
pointed.
Vol. 2, 123.
Coroners may
serve precepts.
AVhere no she-
rill' or coroner,
An aEl to amend an a& for appointing jhiriffs, and din&inir their datv in office, and for obliging the
latijhenjfs and coUectors of public monies uko are in arreur to account fjr and piiy the Jaim, and
Jtr other purpofs,
I. TY^it enacted by the General Assembly of the Jiate of Nirth -Carolina, aniit is hereby enacted by the aU'
iJ thority of the same. That every county court fhall annually ele£t and nominate a freeholder of fuf-
ficient circumltance to execute the office of fherifF, who fhall thereupon be conimiflioned by the governor
or commander in chief to execute that office for one year ; and if any iherifF fo nominated fliall remove
out of his bailiwick, or fail to give fecurity, or refufe to qualify, or fhall happen to die in the time of
his flieriffalty, the court fhall at the next feffions ele£t and nominate another as aforefaid.
II. And be it further enacted by the authority aforefaid. That in cafe at any time there fhall be no perfon pro-
perly qualified to a£t as fherifF in any county of this ftate, that then it fhall and may be lawful for the
coroner of fuch county, and he is hereby required, to execute all procefs, civil or criminal, lawfully iflu-
ing, or judgments, orders or fentences, of any courts within the fame, until fame perfon fhall be appoint-
ed properly quaUfied as aforefaid to aft as fherifF in faid county ; and fuch coroner fhall be under the
fame rules and regulations, and fubjeft to the fame fines and forfeitures, as fheriffs are by law for ne-
gle£t or difobedience of the duties aforefaid.
III. And be it further enacted by the authority aforefaid. That when4t (hall fo happen that there is not a
fherifF or coroner in any of the counties of this ftate wherein the fuperior courts of law are held, that
then in fuch cafe all orders or fentences of faid courts fliall be performed and executed by the fherifF of
any county of the diftrift to whom the judges or clerks of the faid courts after term time may think pro-
per to dire£t the fame, with the fame powers and authorities as if he had been the fherifF of tlie county
wherein faid fuperior court is held, under the penalty and fine of five thoufand pounds, to be infli£ted
upon him by the fuperior court of the diftn6t, on indictment, for fuch contempt and difobedience, and
to be further liable to isnprifonment, at the difcrction of faid court ; any law, ufage or cuflom, to the con-
iirarynotw"::l:fl:"..".?ling-
rV. Relating to taxes due before the iii'iependertcey obsolete. g 1 779, 079
V. And be it further enacted by the authority aforesatJ, That fo much of the before recited a£l as Comes u«ov*«j
within the purview and meaning of this a£t, be repealed, and made null and void ; any law to the con-
trary notwithftanding.
An act for difecfifig the ttuthod of appoinii.g juror t in all caufes civil and criminal. chap. 6
■^"^^T HEREAS a trial by jury is one of the belt fecurities of the rights of the people, and a jufl; deci- 1783, il. '
W fion cffuitsand controverlies in the fever al courts of lav/ within this ilate, depend on the l■ar^'^^^• '3-
tegrity a nd capacity of jurors ; *hl7^7, 21.
II. Be it thcrpfore enaBed by the General Afembly of the State of North Carolina, and by the authority of the Jurors appoint •
fame, fhat the juftices of the county courts v/ithin the dillrlcl of each fuperior court of law within this ed,
ftate Ihall, and they are hereby direfted before the fitting of any fuperior court, to nominate forty-eight
freeholders to ferve as jurors at fuch fuperior courts. Proviied ahoays, That no county court (hall know-
ingly nominate any perfon to ferve as a juror at two courts fuccelTively, or any perfon who fhall have • Nmiem dit.
an a£lion or fuit at iflue in the fuperior court at the term to which he fhall be fo nominated. ■'■'ci.Vol ^,223.
III. And /-.■? it furthsr enaBed by the authority aforefaidy That the number of freeholders to be nominated |^'''»"'"i'o« »''•
for each county to ferve as jurors, (hall- be proportioned as follows, to wit*. Orange, fourteen ; Granville, FayettevUk
ten ; Wake, (ix ; Chatham, feven ; Randolph, fourf for the diftrift of HilJlborough : Warren, five ; ^7S9. 13.
Franklin, five; Edgcombe,_yfArj: •, Northampton, tenj Na(h, five ; Martin, /wr|; Halifax, twelve, for the cliftri<ft ;«{:«^^'>'. ^oL
of Halifax; Chowan, feven; Perquimons,five; Pafquotank,fix ; Currituck, five; IjBertie, eight; Hertford, five ,• ^i.rr'm!^ \7&9
Camden, four; Gates, four; for the diftridt of Edenton : A lift of which jurors fo nominated (Irall be delivered 45! Vol.' 2, 2i,'
by the clerk of each county court to the fheriffi who (hall, and is hereby required to fummon the per- •^'^' '4^
fons fo nominated to ferve as jurors at the fuperior court : and if any juror fofummoned fhall fail to ap- ^("7*^172
pear, he fliall be fined the fum of two hundred pounds, unlefs he can (hew lufiicient caufe to the 21!^ 67.' " '
next court to excufe his non-appearance ; which fine fhall be applied" to the payment of fuch jurors as \^"^- 2. 50.
fhall attend from the faid county, and thereby lefTen the county tax. " inrdand
IV. Provided ahvaysy That if any of the faid county courts fhall fail or negleft to nominate freeholders ro7 o'ue*
to ferve as jurors as aforefaid, or the perfons fo nominated (hall fail to attend, it ifiall and may be lawful
for fuch fuperior court to order and diredl the (herifFto fummon other freeholders of the byftanders to
ferve as jurors, and the perfons fo fummoned (hall be held and deemed lawful jurors. Provided^ That Bystanders
fuch byftanders who fhall be fo fummoned, fhall and may be every day difcharged : and the fucceding uimraoned.
day, and fo from day to day during the continuance of the court, the flierifF (hall fummon of the byftanders f.'/'^^-'
fo many as (hall be necefTary; and every perfon fo fummoned of the byftanders who (hall not appear and '''^^' ^^'
ferve as jurors, (hall be fined in the fum of fifty pounds, unlefs he can fhew fufhcient caufe, to be approved
by the court ; to be applied as before dire£ted.
V. And that the fines may be applied according to the directions of this aft: Be it further ena&ed by Fines levied.
the authority aforefaid. That the fines herein impofed fhall be levied by the fherifF of each refpedtive county
wherein each perfon fhall refide, who fhall be fummoned as jurors as herein directed, and fhall fail to
appear and ferve as fuch ; and fuch fherifF fliall be accountable for the fame to the county court of his
county.
VI. And be it further enabled by the authority aforefaid. That the (heriff of each refpeaive county fhall, juro„ how
and is hereby required to fummon the freeholders in the lift to be delivered him by the clerk of the coun- summoned,
ty court of his county, at leaft ten days before the fitting of the fuperior court of which fuch freeholders
are to attend as jurors, which he may do perfonaily, or by leaving a note or fummons in writing at the
dwelling houfe of fuch freeholder fo to be nominated as aforefaid.
VII. Other provifion made, 178.3, II, altered. Vol. 2, 199.
/VIII. And be itfurher enaSled by the authority aforefaid. That in all fuits in the fuperior and county courts Manner whei*
within this ftate, wherein the title or bounds of lands fhall come in queftion, if it fhall appear to the court lands are in
neceflary, fuch court may order two furveyors, one to be named by each party, to attend and run out and q"«=stion.
furvey the lands in difputes, agreeable to the bounds and lines exprefTed in each party's titles, and make
three accurate plans of fuch furveys, and return the fame to fuch court ; which order fuch furveyors are
hereby required to obey, and (hall be allowed fifteen dollars each for every day they fliall be travelling to
and from attending the furveys, and performing the duty by this a£l required ; which allowance (hall be
taxed in the bill of cofts, and paid by the party c^ft. Provided nevertbdeiSi If the parties fhall agree to
Jurors foi- coun-
ty Courts.
280 3,1779. have but one furveyor appointed to perform fuch fervices, that then, and in fuch cafes, the court flial! or-
der one furveyor only to attend, furvey, and run out the lands in difpute ; who (hall return three plans, in
the fame manner, and be entitled to the fame allowance, as he would have been entitled to if two furveyora
had been appointed.
IX. And be it enaBed by the authority afore/aid. That the juftices of the County courts ftiall, at the fefhons of
their refpe£iive courts,, nominate thirty freeholders to ferve as grand and petit jurors at the next enfuing
court of the county, and a lift thereof Qiall by the clerk be delivered to the fheriff at fuch county, who is
nereby required to fummon the perfons therein named to attend as jurors of fuch courts lefpec^ively, at
leaft five days before the fitting of fuch court, which faid jury (hall appear and give their attendance ac-
cordingly till difcharged by the court ; and that there may not be a default of jurors, it fhall and may be
lawful, during the fitting of the county court, for the fheriff, by order of fuch court, to fummon of the by-
ftanders other jurors, being freeholders, to ferve on the petit jury from day to d?iy, and on any day of the
faid court the juftices may difcharge thofe who have ferved the preceding day.
X. And to enforce the attendance of jurors at the faid county courts, Be it enaBed by the authority a-
fore/aidf'That every perfon who fhall hereafter be fummpned in virtue of this &GL to appear as jurors at a-
ny county court, fuch perfon failing to appear, op to give his attendance till difcharged by order of the
court, fhall be fined in a fum not exceeding fifty pounds by the juftices of the county court ; to be applied
towards defraying the charges of the county, and jeflening- th^ county tax, \inlefs he (hall fhew fufficienfr
caufe to the next fucceeding court for fuch failure,
XI. And be it further enaBed by the authority afore/aid, That no flierifF, or other officer, fhall ferve or exe-
cute any writ, or other procefs, on the body of any juror, during his attendance on, going to, and returning
from any of the faid fuperior or county courts ; finy fuch feryic^ fhaUhf Yoid^ and the defendant may oa
motion be difcharged.
XII. And be it further enaBed by the authority afimfaidy That the judges of the fuperior courts fhall direct
the names of all the jurors returned from the counties of the diftrjft where fuch court fhall be held to be
wrote on fcrolls of paper, which fcroUs of papeV fhall be put into a box, and drawn out by a child under
ten years of age, and the fir ft eighteen drawn fhall be a grand jury for the faid court, and the refidue of
the names in the box fhall be the names of thofe who fhall ferve as petit jurors for the faid court.
XIII. And be it further enaBfd by the authority afoi efaid, That when either of the parties fhall require that
a jury fhould be ballotted for, that then, and in that pafe, the clerk fhall write the names of all the petit
jurors appearing on fcrolls or pieces of paper, and on the iffue in fuch fuit, a child under ten years of age,
in open court, fhall draw out of the faid box twelve of the faid fcrolls or pieces of paper, and the perfons,
whofe names fhall be in the faid fcrolls or pieces of paper drawn as aforefaid, fbali be jurors to try fuch if-
fue, provided that they all do appear ; and in cafe of defanlters, other fcrqUs ijtiail be drawn, until a fuffici--
ent number fhall appear to make a complete jury.
XIV. And be it further enaBed by the authority afrcfdidy That when the governor or commander in chief,
with advice of the council, fhall think itneceflary to iffue a commiiTion to the judges of the fuperior courts.
of law of this ftace, empowering them, or any of tliem, to hold a court of felTions of the peaccj oyer and,
terminer, and general gaol delivery, that the judge or judges empowered to hold fuch courts, fliali ifTue a,
venire facias to the (herifF of the county wherein fuch court is to be held, who is hereby required to fum-
mon forty-eight jurors, being freeholders, five days previous to the fitting of faid court,, to give their atten-
dance at the fame, under the fame rules, regulations and penalties, as other jurors are liable to jn this a£l.
direifted ; and in cafe of a venire facias not arriving in time to the fheriff to fummon as iforefaid, or in.
default of the attendance of fuch jurors fo fummoned, that then the fheriff fhall fummon of the byftanders ,
fuch other perfons, being freeholders, to conftitute the grand and petit jurors of the courts as aforefaid, who
if they fhall fail or refufe to attend, fliall be fubjea to the fame penalties as before mentioned.
XV. Provided for by fubsequ ent aBs,
CHAP. 7. ^n aBtO amend an act, entitled, « An additional aft concerning fervants and flaves," pa/ed at Newbertf
in the year cne thoufand feven hundrfd and fifty-three, oud for other purposes therein mentioned.
Ante p. 103. "^t-JT TTHEREAS by the before recited a£l, the encouragement given to fearchers or patrollers, the penf
VV ahy inflifted on them in cafe of anon-compliance of their duty, and the times appointed for
fearching, are infulHcient :
Penalty for
non appear-
ance.
• Altered^ 1783,
11.
Privilege.
Superior court
juries how
drawn.
How drawn
when a ballot
is required.
Jurors for Oyer
Terminer
courts.
II. Be it therefore enabled hy the General Affemhiy of the JIaii of North'Caroibta, aad ii is hereby ev.iBi'iJ by the 3,1779.281
authority ofthejame^ Thaf eych and every fearcher or patroller appointed in purfuauce of th# aforefaid a£t s-'-v"<0
ihali, as to his own perfon, during the time of liis continuance in office, be exempted fiona ferving as a Exemption of
conftable, or worki.i*^ upon the roads, attending private muft«rs, or as a jurof, and ihall b$ estitled to '**'^'^*i^''*-
fuch further allowance out of the county tax as the court Ckall think nec^flary.
III. ^d he it further enaBed by the authority aforefaid^ That the feacohers in their refpeftive dillri£ts (hail Searchers' du-
fearch once in every month for guns and other weapons, as the before recited aft directs, and (hall make '^*
return on oath of aU fuch guns, or other weapons, whicj^ they fliall fo find, to the fucceeding county
court, to be applied to the ufe of the county, or returned to the owner, as the court may dire£t ; ami iti
cafe they find any flave or flaves on the fabbath, or other unfeafonable time, off his rrafter or miftrefs's
l^aotation, without a pafs, or in company with fome white perfon who will vouch for his or their honeft
intention, it ihall be lawful for them to apprehend fuch flave or flaves, and convey, or caufe to be convey-
ed, to the mafter, miftrefs, or overfeer. The rejl repealed^ Vol. 2, 55.
IV. And be it enaSied by the authority aftrefoidy That every fearcher or patroJler who flu'l refufe to ferve, Pen. for refus-
er neglefl to do his duty, {hall forfeit and pay the fum of one hundred pounds, to be reeoJRered in any '"S ««> serve.
jurifdidlion having cognizance thereof.
V. And be it further enaSed by the authority aforefaid. That fo much of tlie before riecited a£l, entitled, Repealing
** An additional aft to an aft converning fervants and flaves,. pafled at Newbern the twenty-feventh day clause,
©f March, one thoufand feven hundred atwi fiXty-thiee," as cames within tbe purview of this aft,, be, aiid
is hereby repeale and made void.
VI. &. VII. [^Provided for byfuhftque»t a.SiS.'\
An aSl for puntfljing ptrfons concerned i» any of the fe-ueral fpecies oif aurpteifeiting in this Jic^e. CHAP. 8.
WHEREAS the laws heretofore made for preventing counterfeits are found inefFeftual : I, irso, 2.
II. Be it enaSied by the G\neral ^fff'embly oftheflaie ofMor'tb^Caroli7w.tand it is hereby ^na^ed, by the ^''^^^ ,!•
■ify of' the fame, That if any perfon after the paiEng of thrsaft (hall by printipg,, writing, engraving, ' ^'°^'^^'
©r any other ways or means, counterfeit, or attempt to counterfeit, any of the public bills of credit emit- °" ^°^^'
ted bv the congrefsof the United States, or by any congrels^ convention or afl'ennbly, of tjiisftate, or of
any one of the United States, or any of the lottery tickets of the United States, or any certifirates from
the loan-offices of this ftate or of the United States, or either of tt^em, or any part, word, letter, name,
eiVrblei'iT, or device of the faid bills of credit, lottery tickets, or loan-office certificates ; or (hall m^ke or
conftruft, or caufe to be made or conftrufted, or have in pofleflion, any die, type,, or other inftrument,
for imimutg or counteifeitihg any of the faid bills, of credit, lottery, tickets, or loan^office certificates, or
arrypart, word j letter ^ emblem j or device thereof, except by author Itiy of law, or in cafe where fuch may
be feized in order to bring, fufpefted perfons-to jufl^ice ; or fball alter or deface any of the faid bills of cre-
dit, lottery tickets, or loan-office certificates ; fuch perfon or perfons fo offending, being thereof lawful-
ly convifled, by confeiTien or verdift, or (landing mute on aricaignment oe trial, (hajl for the firlt offence
ftand in tlie piliory three hours, and have his right ear nailed to the pillory and cut off, and receive on his
or their bare back tlrtrty-nine la'flies, and' be branded witha.ted hot iron.on the^ right cheek with the letter
C, and on the left cheek with the letter M (which brands (hall, be at leaft one iinch in length, <ind three-
quarters of an inch in breadth) and be imprifbned at the difcretion of the court before whom it (iiiail be tri-
ed, not exceeding one year, and fbrfeit one Half of all his or their goods and chattels, aijds and tenements,
whereof he or (he was feized or pofTefTed at the time the offence was committed, to the ftate.
III. .-Indbe it further enaBed by the authority afonfaidi That if any perfon or perfons (hall pafs,. or attempt On persons
to pafs, any counterfeit likenefs-of any of the faidibills of Credit, lottery tickets, or loan-office certificates, P«w'ngitf&Ci
and being thereof convifted, by fufficient evidence, that the fame was pafled, or intended to he pafTec^,
wirfi an intention to defraud, he or fhe fo offending (hall for il>e firft offence (land in the pillory one hour,
and have one ear cut off^ and receive thirty-ninelaflies, well laid on, on his or her bare back, and impri-
foned at the difcretion of the court, and forfeit one half of his or her property to the ufe of this ftate.
I '/. And be it further enaSiid by t]>e authnrity aforefaidy That if any perfon or perfons (hall be found guil- Pea, for the se*
ty of uttering or palling any of the aforefaid counterfeit bills of credit, lottery tickets, or loan-office certi- cond offence,
i-.caree, for the fecond offence he orthey (hall fufi^er death, v/ithout benefit of clergy.
Vol. I, 4 C
882 3,1779. V. /ind be it further ena^ed hy the authority a/orej aid, T hit any perfon apprehended for any of the crimes
'.^"^i-*^ afore mentioned, fufTicient proof thereof being made before any juftice of the peace, fhall becomniitted
When appre- or bound over as in other cafes of felony.
VI. And be it further enacted by the authority aforefaid. That in all future trials or arraignments under
this a£l, the defendant fhall not be entitled to make any peremptory challenge, nor ixiall the attorney for
the (tate, nor the defendant or his council, take exception againll any of the jury called, unlefs good and
fufficient reafons fhewn to, and approved by the court.
VII. And be it Jurther ena&ed by the authority afore/aid, That in all trials hereafter, for any of the crimei
above mentioned, neither the attorney for the ftate, nor the council for the defendant, (hall be allowed to
ufe any argument againfl: or in favour of the defendant, but fhall and may examine and crofs-cxamini;
the witneffes on both fides, leaving to the judges to ftate the evidences, and give a charge to the jury
thereupon.
hended how to
be proceJed a-
gainst. H.
No challenge.
Kor argument.
CHAP. 9.
An e, p. 240.
1787, 3.
Warehouse
rent.
Inspe(3(M:s sala'
lies.
Warehouses
repaiiedi
Private ware-
bouses.
Repealing
clause.
CHAP. 10.
Ferries, &c.
rated.
Pen. for for
(reater rates.
An aEl to amend an aBy entitled, ** An aft to amend the ftaple of tobacco."
WHEREAS for feveral years palt, from the difficulty ot procuring materials, and the advanced price
of mechanical labour, moft of the public warehoufes in this ftate have become decayed, ruinous>
and unrepaired, and it being at this time inexpedient to levy on the different counties wherein faid ware-
houfes ftand, a fum equivalent to the re-building or repairing the fame ;
II. BE it therefore enacted by the General Assembly ef thejiate of North-Carolina, and it is hereby enaSled by
the authority of the fame. That from and after the pafling of this a£l, the juftices in each refpedive coun-
ty in this Itate, wherein public warehoufes for tobacco now ftand eredled, (hall, from court to court, as
they ihall deem fit and proper, regulate and afcertain what (hall be paid as warehoufe rent for each hogf-
head of tobacco by the owner or owners of the fame, which (hall hereafter be brought to the faid ware-
houfes j and the faid Juftices (hall and may appoint fome fit perfon to receive faid monies, who (hall be
accountable to them at all times for the appropriation of the fame, by a£lion of debt, before any court
having cognizance thereof, wherein the infpe£lors books (hall be proof as to the number of hog(heads
received, for the whole of which fuch perfon (haH be liable to anfwer, and (hall be allowed no protedlion.
III. And whereas the falaries and allowances to infpeftors under the before recited aft, are inadequate
to their trouble, Be it therefore enaSied by the authority aforefaid, Tliat the juftices of the refpeftive counties
wherein warehoufes as aforefaid now ftand erefted, at the firft court to be held for fuch counties after
the pa(nng of this a6t, ftiall allow fuch farther falary to infpeftors as to them (hall feem reafonable and
proper, and that fuch falary (hall be paid out of the monies arifing on tobacco for warehoufe rent.
IV. And be it further enaaed by the authority o/i»'^»V, That the juftices in fuch refpedtive counties as
aforefaid, ftiall from time to time, as occafion may require, lay out and appropriate an^ remaining part
of the aforefaid monies in repairing or rebuilding their refpeftive warehoufes, in fuch manner as they
may think neceflfary.
V. And be it further enaEltd by the authority dfonfaid. That the fame rules and regulations herein before
contained (hall be had and taken with refpeft to warehoufes built by private perfons on their own lands,
and at which a public infpeftion hath been heretofore held, fo far as refpefts the warehoufe rent that
fhall be paid for each hog{head of tobacco.
VI. And be it urther enaaed by the authority aforefaid. That fomuch of the before recited aft as comes
within the purview and meaning of this aft, (hall be repealed and made void.
An aSt for regulating ordinaries, houfes of entertainment, and ferries, and other pur ptfes.
WHEREAS the laws at prefent in force have been found inefleftual for the due regulation of ordi-
naries and ferries :
VIII. And be it further enaSied by the authority aforesaid. That thfe juftices of each county (hall once a
year, or oftener if neceffary, after the firft court to be held after the firft day of January next,
rate the prices of fuch ferries as (hall be kept within their refpeftive counties
IX. Andbeit further enaSied by the authority aforefaid, Th-M any ferry-keeper wrho (hall a(k,
demand or receive, a greater price for ferriage than (hall be rated by the juftices according to the di-
reftions of this aft, ftiall forfeit fifty pounds for every offence ; to be recovered by the informer to his
own ufe, before any juriWiftion having cognizance thereof.
J XIII. And be i( further enacted by t/je aut/}ority (i/orefaicl,'%Thzt if any i^erCon or ^erfons, from and after 3,1779, 283
-thepaflTing of this a£t, (hall fell aad deliver any kind of grain, fait, or other articles, in a lefs meafure v^^vsj
than the ftandard eftabliflied by law, (hall forfeit and pay for 6ach offence the fum of five hundred pounds j^ Pen. for false
to be recovered "m any court of record having cognizance thereof, ^o be applied to the ufe of the perfon "^^asures.
fuing for the fame.
. XIV. And whereas fome perfons who live at, or own public ferries in this ftate, have denied to keep On ferry
up the fame for the rates allowed them by their refpeftive county courts ; For remedy whereof, Be it ^'^' ^^y^^
Jurthir enaBed by the authority aforefaid. That if any perfon or perfons who live at, or own public ferries
in this ftate, ftiall refufe to keep up fuch ferry or ferries at the rates allowed them by their faid county
courts, ever fuch perfon fo offending fliall for every offence forfeit and pay the fum of fifty pounds ; to be
recovered by any perfon fuing for the fame, to his or her own ufe.
XVIL And be tt further enaSiedby the authority aforefaid. That every a£k and a£ls, and every claufe and Repealing
article thereof, heretofore made, within the purview and meaning of this adi, is and are hereby repealed *^'*"^^'
and made void, to all intents and purpofes.
The nvhale of this aSi except part of the VIIL and IX, sections and /A« XIII. XIV. anrfXVII. sections re'
pealed, vol. 2. 67, 128, 122.
jdft aB to amend an aSt, entitled^ <« An aft for afcertaining what property in this ftate fhall be deemed tax- chap. 1 1,
able property, the method of afleffing the fame, and coilefting the public taxies, and other purpofes. Temporary.
/^o ofl ^0 tfw^flrfaw a(Sf,mftV/(?i/, '* An a£t concerning fervants and flaves. chap. 12.
Rep. 1786, 17.
An a£l to enlarge the jurifdiBion of juliices fff the peace. chap. 13,
Provided foar by subsequent afts
An aSi for dividing Anfon County f and other purpofes. CHAP. IS.
WHEREAS the large extent of the county of Anfon, together with the difficulty of croffing the
River Pee-Dee, efpecially when waters are high, renders it grievous and troublefome to many
of the inhabitants to attend the courts, general mufters, elections, and other public meetings appointed
therein ;
■ II. Be it it therefore enacted by the General yiJfembly of the Jiate of North Carolinoy and it is hereby enacted' Richmond
hy the authority of the same. That from and after the pafTing of this a£l, the faid county of Anfon be di- we^^*-
vided into two feparate and diftinft counties and that the river Pee-Dee be the dividing line ; and that
all that part of Anfon that lies on the fcmth- weft fide of the faid river Pee-Dee, fhall be, continue and re-
main, a diftin£t county, by the name of Anfon; and that all that other part of the county of Anfon that
lies on the north-eaft fide of faid river, (ball thenceforth be eredled into a new and diftinft county, by the
name of Richmond county.
{The remainder, except the tenth feStion, unneceffary to be inferted .J
X. And be it further enaBed by the authority aforefaid. That all entries of land lying in the faid county of Lands survey.
Richmond, which hath or hereafter fhall be made with the entry-taker of Anfon county on or before the ^ '
firft day of December next, and ftiall remain unfurveyed on the day aforefaid, that it fhall and maybe
hwful for the enty-taker of Anfon county, and he is hereby direfted to ifTue warrants for all fuch en-
tries aforefaid, to the furveyor of faid county of Richmond } any thing in this a6t to the contrary not
withftanding.
w
An ali for the divifton of Dobbs county, and other purpofes therein mentioned. CHAP. 17.
HEREAS the large extent of the county of Dobbs renders the attendance of the inhabitants of county divid-
the extreme parts thereof at the court^hoxife, to perform public duties^ difficult and expenfive : ed-
For remedy whereof,
II. Be it enaiitd by the General Affembly of the Bate of North-Carolina, and it is hereby enacted by the au-
thority of the fame. That from and after the paffing of this aft, the faid eonnty of Dobbs be divided, and
that William Cafw ell, Charles Markland, William M«Kini:ie, fenior, Etheldred Ruffin, and Benjamin
Cobb, or a majority of them, be, and they are hereby appointed commiffioners for running the dividing
line, who are hereby direfted to run ttiie lines of the faul county of Dobbs fo that they afceitain the
he
bep
gainsi.
No chali- •
Koiund sui ve} ed
■u Wayne.
CHAP. 19.
Ten porary.
CHAP. 29.
2, 1780, 7.
1781,12.
1 78.. 16.
Ante p. 26T.
281 3,1779. middle part of fald county, which when dlfcovered, they niall run.a Une a north and fouth courfe through
tha middle part of faid county ; and then all that part of laid county which lies eallwardly of the divid- :
jug line, (hall continue and remain a diftinrt county, by the name of Dobbs ; and that all the otlier
part (hall be a diftinft county, by the name of Wayne, with the fame privileges and immunites as any
other county within this ftate. i
lT/}e remainder, except the ninth seclion, unnecejfary to be inserted."] , , , . , r I
IX. And be it further emeted. That where any inhabitant of Wayne county already hath, or hereafter ;
may make an entry for lands lying in faid county with the entry-tak^r of Dobbs county, and the warrant ;
of furvey is not already executed, faid entry-taker is hereby required to make out and dirett fuch war- ,
rant to the proper furveyor of Wayne county. j
An act for dividing the MeckMerg regiment. afmHitia inia iyjo separate and dljiinct regiments.
An aBfor fecuring the rights of fuck per for sin the county ofJV.afhington as he between the river HoU
fionandtlu line lately run by the commiffiontrs of this ftate and the ftate of Virginia as the dtvidtng
line bdzteen the faid Jiate } and for dwiding the faid county of iVafhmgton ii.to two dipnU counties, X
and lor other put pofes. - , »t. . • t i. m i i s
WHEREAS the boundary line between this ftate and the ftate of Virginia hath never, until lately, ,
been extended by aftual furvey further than to that part of Holftein river that lies direftly due jj
weft from a place well known by the name of Steep-Rock, and all the lands weft ward of the faid place, J;
lying on the north or northweft fide of the faid river Holftein, hath, by miftake ot the fettlers in that part-
of the country, been held and deemed to be in the ftate of Virginia, owing to which miftake, the faidl
fettlers have failed to repair to the proper offices to enter and fecure their refpeaive lands and improve-
ments by the time required by law, in order to their having the preference of entry : and whereas
by the fine lately run by the faid commiffioners of Virginia and this ftate, it appears that \
great numbers of good fubjeas have fallen into this ftate, who were before reputed to be in Virgi- |
nia, and it is fuggelted that fundry perfons have thereupon fttddfenly entei«d the lands and imj»ovements i|
of the faid fettlers ; for remedy whereof, a • , > i
II. Be it cnaaed by the General Affembly of the flate of North-Carolina, and it is hereby enaSed by the fla..||
thority of the fame. That the faid fettlers and inhabitants, lying between the river Holftein and the boun-jj
dary line iatelv run between Virginia and this ftate, Ihall haw a further time of preference to all others li
allowed for eirering thpir refpeaive lands, plantations and improvements, until, tho fiitft day of May nex«:tj|
enfuing ; and that all entries made, or which ftiall be made, by any perfoii or perfons whatfoever, for |
the improvements, plantations, or claims of others, where tliey have at ar.y tmaq before tlie fa»d hrlt- day|
of May been aauaiiy fettled, and all proceedings thereon ftiall be null a»d void, any law to the QQntrsirjfj.i;
notwithftanding. r • 4. "
m. Ai^d whereag by the great extent of the faid county of Washington, and the great number oi, mha-
bitants tliprein, it becoiviCS highly neceffary that the fuid county ihould be dividi^r inia tMfO diftina and
feparate counties, by a line beginning at the Steep-aock ; thence runiMng aloug tlie diwdiiig p»dge that
divides the Wi.ters of the Great Canawee and Tenneilee, tt) the head oi Ir.dian cret-k ; ih&noe along th«
ridge that divides the wateis of Holftein and Watsga, to the mouth of Wataga ; tiietice a direa Ijnetd,
the higheft part of the Chimney-Top mountain at the Indian bouiid'ary : and- tkvt ail that part of faid couiw
ty of Wafliington which lies Northwardly of faid dividing line, fliall be erc-aod into a new, and diftind
county by the n^me of Hullivaii county ; and that all that other part of faid countv which lies fouthwardly |
of faid dividing hue, fhall continue and remain a diftind county by. the name of Wafliington. |
\Tl:e rcmauid r, except the > Uvcmk jfchon, i,nnu'jjur<vtt> V< utliiittd '\ "I
XI. And it further cvcted. That where any inljabitant of SwHivan county, hereby ereaed, alfeadyl
hath or ftiall make an entry for lands with the entry takers of WaHilngton county, for which no warrart|
or furvey ftiall be executed by the firft day of Jiuiuary next, the entry-taker for the faid county is here-B
by required to make out and dired the warrant of such furveys to the proper furveyor of Sullivan countq^f^
Settlers further
tin\e for enter-
ing their lands.
County di-
vided.
L?.nd survey.
ed.
CHAP. 39.
An act for annexing part of Carteret to Jones, and etker punposer.
WHEREAS the upper part of Carteret which lies adjoining Jones county, is much more coft
venient to the public buildings of faid county thun to thofe of Carteret :
IL Be it therefore etiiiHed by the General AJJembly of thejl^te of North-CayoUna, and it is hereby enacted ly 3,177&. 2^5
t of Carte-
a'' led U3
on Si).
on the north fide of the faid White-Oak river, and weft of the aforefaid fwamp, {hall, from and after the
paffing of this aft be held and deemed part of the county of Jones, and the inhabitants there-of (hall be
.under the fame rules and reftri£lions as the other inhabitants of Jones county are. Provided neverthelefs ^
That nothing herein contained ihall be conflrued to debar any fherifF, coilefior or tax-gatherer, from
colleftinghls or their taxes in the fame manner as if this aft had never been made.
III. And whereas fome (Jf the inhabitants of Carteret county, which by this aft is annexed to Jones, Laud surveyed
may have entered land in the entry-office of Carteret ; Be it therefore enacted by the authority afore/aid^
That where any perfons fhall have entered land as aforefaid, the entry-taker of the county of Carteret is
hereby empowered and direfted to make out warrants and orders of furvey and direft them to the furvey-
or of Jones county ; vs'iuch faid furvey or is hereby ordered and empowered to furyey faid land, take the
fame fees, and make the fame tranfmittance thereof, as if the fame had been entered in the entry-office
pf Jones.
[The remainder unnecejfary to he infer fed.'\
THE TITLES OF THE PRIVATE ACTS.
14 An afl for eMablishisig fairs in Ha,Iifax town and EdeBto;i.
15 An aft to vest the title cf certain hinds therein mentioned in 30
Abntr Nash. Esquire, and other purposes.
18 An afi to erablo Johu Kirkwood and Thoinas Robeson to sell
a id dispose ot ijiecstaa; o/John lit^Ueson, deceased-
£0 An aft to lay off ard establish a town in Warren county, on 31
the lard already purchased by conimissroners, at the place
fixed f; r setting the covirt-.licuse of said county, and for 32
other i)uiposes iheiein mentioned.
21 An aift to amend an aft. en iled, " an aft for the regulation S3
of the town of Hiilsboioiigh^'''
22 An aft :o p event peisi'nt from stopping the passages of fish
t u;) Tst riv£r and Dan jiver,
23 An aft to en'powir the ccni'v.is; loners therein mentiored to 34
puich?.se a lot ui tV.e town cf Wilmington, to build a
giol thereon for .the distrift of Wdraington, and other 35
|.t'.rpose!i.
24 An fi.r piolnnging the lime for saving the lots in the towns 35
( f VVindsor and Wyr.ton.
2.1 An aft for cstablishi'.ig an academy in the county of GranviUe, 37
for apjjointing trustees, and (rr other purposes-
26 An aft vv preveut liie Slopping of hiU from running up the
Kixkey at d Haw rivers. ■. 38
27 An aft to est.^bhsh a ro^^d from Jwtos M'Daniel's, in Pas-
•qucta.nk county, to the vvido* White's in Perquimans 40
• county, and grantinjj a toll owsarne. 41
23 An aft to jippoint commissiori*i»ibr fixing on a place within
the county o/ Montgometyfo build a court-house, prison,
and s'ocks, and c.ther purposes therein mentioned.
An aft. to lay off and establish a town in Franklin county, oil
tht land already purchased by commissioners, atthe place
fi\cd for setting ihe court-bouse of said county, and for
other [jurpcses therein mentioned
An aft for laying a tax to defray the expence of the public
bui'dings m tTie county of Nash,
An aft to confirm the titles of iands to sundry of the inhabi-
tants of Duplin county.
An aft to establish a town in the county of Surrjj, heretofore
laid out on the lands of John Armstrong and William
Sheppard, at the court-house' of said county, and for o-
ther purposes.
An aft for building a court-house in Elizabeth town, in the
coun'y of Blat'en. %
An aft for erefting a town on the lands of Thomas Huntei-, at
Skewarkey, in Martiti .county.
An aft to establish and lay out a town in Washington coun-
ty.
An aft to vest the property of a bridge latelv built by Samuel
Ruff n, deceased, over Great Cotentney creek,in Etheldred
Ruffin, his heirs or assigns, for twenty years.
An aft for granting a free pardon to Charles Shearing, nov/
under sentence of death.
An aft to prevent the stopping the fish in the Uharie river.
An aft to enable John Norwood, surviving executor of the
last will aiid testament of Henry Bradley, deceased, to
seil and convey the lands of the said deceased.
Read three times ^nd ratified in General Assembly, the 10th cf May^ 1779.
Abner Nash, s. s.
Thomas Benburt, s. c.
Vol. L
41)
286 1780.
«ai»^vwiHB
AnNER NAfH,
Esq. Governor.
At a G -NERAL ASSEMBLY, begun- and held at Newbern, on the Seven-
teenth Day of April, in the Year of our Lord One Thousand Seven Hun-ri
dred and Eighty, and in the Fourth Year of our Independence : Being the'
First Session of this Assembly.
CHAP. 1. An aElto regulate and afarlain the officers fees therein mentiswJ.
Piov.detl f » 1 y f ub:e.pier,t ails.
CHAP. 2. An a£i to amend an aB., entitled^ « An aft for afcertaining what property in this ftate fhall be deemed tax-
Provided for by able property, the method of affeffing the fame, and coUedting public taxes," and other pur pojes. \
subseqaentafls. X
CHAP. S. An act for levying a public tax for the year me tkoufand /even hundred and eighty i and j or other purpofes. \
Pauterajorary, theres.t praviiied for- \
CHAP. 4. An a6l for the more tffeEluaVy pT eventing engrojjing and JorejialUne, for the encouragement cf ccm-
Kep 2,1780, 9. mere-, and the fair tradtr, and for oihir purpojts therein mentioned.
CHAP. 5.
Money emit-
ted.
Form of the
bills.
V*lue.
Further sum
niay be cirii-
ted.
An aEi for emitting one million t-wo hundred and forty thoufand pounds in hills ef credit, for difcharging the debts
V . due hy this fate, and other purpofes.
WHEREaS this ftate has incurred debts by raifing men for the defence of this and the United
States, for which the public faith ftands pledged 5 and whereas it is abfolutely neceffary that a
farther fum fhor.ld be emitted for eiieding the completion of the continental battalions of this ftate, and
other purpofes :
II. Be it therefore enacted by the General Affemhly of the flaie of North-Carolina, and by the authority of the
fame. That one million two hundred and forty thoufand pounds be emitted on the faith and credit
of this ftate, in bills of the following denominations, that is to say one thoufand bills of five hundred dol-i
Jars each, two thoufand of two hundred and fifty dollars each, five thoufand of one hundred dollars each,
eight thoufand of fifty dollars each, and forty-eight thoufend of twenty-five dollars each ; that the fame
be printed in a printing- prefs, and that Memucan Hunt, Henry Rhodes and William Tifdale, Efquires,
be commiffioners to fuperintend and number the fame ; that Jofeph Leech, James Coor, James Green and
John Macon, Efquires, be commiffioners to receive the fame when printed and numbered, to fign the-
fame, and pay it into the hands of the public treafurers. v, ■
III. And be it further enacted by the authority aforefaid. That the general form of the bills hareby direfted
to be emitted, fliall be as follows, viz. « State of North-Carolina. This bill entitles the bearer to receive
« Spanifh milled dollars, or the value thereof in gold or filver, agreeable to an ad of aflembly
« pafled at Newbern, the day of 1780." And fuch bill fhall be imprefled and printed
both in the face and reverfe thereof, on the edges as well as the body thereof, with divers letters, marks,
devices and words, which rtiay be difficult of imitation, and which in the opinion of the faid f uperinten-
dants of the. prefs may moft effeaually fecure the fame from attempts to counterfeit, and^ftiall be figned
by two of the faid commiffioners only hereby appointed to fign the faid bills.
IV. And be it also enaaed by the authority aforefaid. That every dollar* of the em iffion aforefaid, (hall
be held and deemed equal to eight fliillings current money of this ftate, and fliall pafs current at the fame
and be a lawful tender in all payments and contrafts \vithin this ftate.
{The remainder, except the tenth and eleventh ftSlions, ur-necefjary to be in/erted.']
X. And whereas the exigencies of the times, contrary to the prefent expeftations of the general afTembly,
may require a further emiffion of bills of credit before the fitting of the next General Aflembly : Be it lur-
ther in'.cted by the authority aforesaid. That it fliall and may be lawful for the governor, with the advice and
confentof the council of ftate, to caufe to be emitted fuch farther fum or fums in the rejfelii o* ihe aiiem-
bly as the exigencies of tlie ftate may require, under the fame rules and regutations as the money to be e- 1780. 287 ^
initted underihe iniiviediate authority of this a£t. .-....-y-^O ^
XI. And be it enacled by the authority aforefaidy That whofoever (hall, by printing, writing, engraving or p^^ forc-ui- "':
by any other ways or means counterfeit, cr attempt to counterfeit, any of the bills of credit by this afi di- tcrftitins. j
tedVed to be emitted, or any part, word, letter, name, emblem or device thereof, except by authority of law, ,
or (hall alter or deface any of the bills with intention to change the value or denon.i nation thereof, or fhall "i
knowingly pafs or urter any counterfeit likenefs of any of the bills to be emitted under this aft, bein^ there- \
of lawfully convicted by confclBon or verdi£t, every fuch perfon (hall be liable to be proceeded againft '^
and fufter the pains and penalties which perfons guilty of fimilar offences are liable to by an act, entitled )
«.< A'n a6"b for puni(hing perfons concerned in any of the feveral fpecies of counterfeiting in this ftate," pafTed ^nte n 281 '
at HaJifaXj the eighteenth day of OiStober, in the year of our Lord one thof.fand ft veu hundred and feven^ ^ " ' j
ty-nine. :
An alifor ^ablijhing a hoard of commij/ioners fiy carrying on trade for the benefit oj this fiat e. ch 4P 6 ^
Temporary-. ^
An aB to fuppreiS excefftve gaming. ch.4p. 7. ;
., Uep2,l?'84,.5.
An aB to ejiahlijfj a hoard of auditors for fettling and adjufnng the public accounts of this fiate and other purposes . cHAP. 8. ^
WHEREAS many perfons have been etrtrufted with large fums of public money for the ufe of the 2 1780 8. ^^
ftate, and alfo public property, for which they have never accounted, but have abufed the truft I78l, 3. \
repofed in them by tjiifapplying the fame, to the great injury of the public cretlit .• and whereas the keep- ^J-gJ,^^ ^' ■;
ing of the public accounts methodically ftated, and the calling upon receivers of public money to pay up i7'85, iV i&. ;
the fame, or account for the application thereof, would prevent many abufes and fave a great expence : ^^^T< '"• \
II. Beit therefore enaBed by the General AJfembiy of the liati; of North-Carolinay and by the authority of i he. ^''^'^'^'
fame^ That a board of auditors be conftituted and appointed, to con fi ft of three perfons, to be elefled by Board of Audi- ^
ballot of both houfes ; and fuch auditors (hall make a complete ftate, frdm time to time, of the accounts ''"^^' \
of this ftate with the continental cbngrefs ; and fhall alfo ftate regular accounts againft all perfons who, ^
having been entrufted with public money,or the colle^ion thereof, either on account of or for the immediate •
ufe of this ftate, or for. continental purpofes, have failed fully to account and fettle ; and that they furnifh
i^he attorney-general of this ftate with lifts of the names, and a ftate of the accounts and balances due from i
fuch perfons, that fuits may be immediately commenced for the recovery of all fuch balances ; and (hall j
likewife ftate fuch miftakes or frauds as may appear in accounts or claims heretofore fettled or allowed by i
the general afiembly, and lay the fame before the general aflembly when thereto required ; and to this end '
fliall have full power and authority to a(k, demand and receive, all papers, matters and things, which may "j
be necefTary or conducive thereto ; and to parchafe fuch ftationary as may be wanted, and to appoint a ^
clerk or clerks to aid and aflTift in executing the bufinefs of their office ; and the faid auditors, or any two ;'
of them, fhall and .m,ay draw on any or either of the treafurers of this ftate from time to time for fuch 1
fums as (hall be aQually necefTary for purchafing ftationary andhtringa elerk or.clerks as aforefald ; which j
ihall be allowed fuch treafurer in fettlement* ,: ■
III. And be it further enacted Jytl^. authority aforesaidr, Tiatdii! Said: auditors fhall attend the general ^^^^"^ "^"^^y an ]
afTembly at each and everyjfe(rion, and they, or any t^o of them*^ as well in the recefs as at the meeting °*''^" 1
of the alTembly, (hall have full power and authority, and are hereby required to (ettle and adjuft all ac- 1
counts and claims which heretofore, were wont to be fettled and adjufted by the general aflemibly ; and ■]
fliall lay the fame before the general a((embly to be by them approved or reje6ted : And. the faid auditors ';
previous to their entering on the bufmefs of their office, fhall take the following oath ; / v
1A. B. do fwear that I will faithfully execute the truft repofed in me as an auditor, to the befl of my
(kill and judgment, withou%j^ejudice or favour. i
SO HELP ME GOD. •;
And the faid auditors (hall have a generous> and fufficient compenfation for ftating the public accounts in
manner before direfted, to be allov/ed by the general afTembly whenever fuch ftate (hall be compleated ; ]
and (hall alfo feveraliy.have and receive for their attendanc^e on the general a;Tembly, and fettling and ad-
jufting accounts and,claim5 during the- feflTion, twice the- fum per day which the general afTembly (hall aif ;
low Jts^ own members.
28S 1780. IV. .'fit be Itfiiythir ennBedhythe autharity aforefaid. That in calefuits fliould be commenced agreea-
V.O.-V-0 ble to the dire<aions of this a£t, the jury fhall allow in damages at the rate of one hundred per cent, ptir
Damages en annum y intereft on the balance due to the ftate.
s"''s- V. And be it further enacted by the authority aforefaid, T^hztth^ii^A auditors (hall fettle and adjuft the
ness"''^''"''' accounts as aforefaid, during the recefs of the affembly, atfome convenient place at or near the centre
"^^** of the ftiUe, and that they advertife the place of their litting as foon as they {hall agree upon the fame.
CHAP. 9. An aB allowing salaries to the Governor ., Council of Rate and other s^ and other purpofet.
M\ out'tl.e'3 1 in. A ND be if further enaSled by the authority aforejaid. That it (hall and may be lawful for the governor
altered by sLb- J^ or commander in chief, with the advice of the council of ftate, to call a meeting of the gene-
X'T"(^^^ ral aiTembly, if the fame {halt be abfolutely Heceffary, at a ioon^r day than the fame may Itand adjourned
be caled. ' to or appointed to n'.eet. ■
CM AP. 10. ' Ak aSi to enlarge the jurifdiSlton ofjufiices of the peac-, and other purposet.
Provided fcr *;y subsequ -nt aiHs.
CHAP. 11. An aB to amend an aB, entitled, " An aft to amend an a£l for eftabli (hing oJBces for receiving entries of
Ant?,p.2'J5and claims for lands in the feveral counties within this ftate, for afcertaining the method of obtaining tit-
ac.siiiercreter- les to the (zme," and for other purpcfes therein mentioned,
red to. '\'% 7 HERE S it is enafted by the before recited aft, that aH warrants of furveys ftiall be returned
\y within twelve months after the fame is received by the feveral furveyors in this ftate, which is
found by experience not fufhcient for the purpofe therein intended ; For remedy whefeof,
Titreforre- " II. Be it enacted by the General Ajfembly of the Bate of North-Carolimi and it is hereby enacted by the autho-
lurningsur- rity of the fame. That a longer time of twelve months be allowed, after the paflTmg of this aft, for each
^'^^^ furveyor to make their returns, which {haJl be done under the like rules and regulations as iu the before
recited aft ; any thing contained m the before recited aft to the contrary iiotwithftanding.
F*r registering III. And be it further enaBed by the authority aforefaid. That a further time of two years be given to all
grants. perfons who have heretofore, or may hereafter, obtain grants of lands under the prefeiit government, to
have the fame regiftered j any law, ufag.e or cuftom to the coatrary notwitbftanding.
^ ■
CHAP. 12. An aB to empower the county courts ivithin the refpeBive counties to infpeB the circulating currency in this Hate
and for other purpofe s,
TIEREAS the good people of this ftate are greatly injured by the quantity of circulating counter-
feit money therein, great part of which is done with luch exaftnefs as to deceive the moft fkilfuU
obfev'ver, and unlefs timely detefted will be the fubverfion of our currency and credit : for remedy whereof,'
Coanfy Courts ^^- ^^ •' enaBed by the General Ajfembly of the flat e of North-.Carclina, and it is hereby enaBed by the au~
iL,at,|;ci^u ill- thority of the fame. That the refpeftive county courts within this ftate are hereby empowered, required and
speiiors, 5ic. tJiiredted, to appoint three or more proper perfons within their counties, to infpeft all bills that {hall come
Thfcirdutv. within their -knowledge ; and that the irifpectorjj appoimed as aforefaid be, and they are empowered and
direfted to write COb'NTERFErF, in large letters, on the face of ail fuch bilis as they adjudge bad,"
to prevent the further circulation of the fame. Provided neverthelejs. That if any perfon {hall think him-
felf aggrieved, he may apply to the treafurer of the diltritt, who is hereby direfted to take in all fuch
money as maybe wrongfully condemned and give otjier money for it.
111. Beit enaBed by the authority aforesaid. That the infpeftors appointed in virtue of this aft, before
they enter en the execution of their office, fhall take the following oath : ;
Q^j^ «< T A. B. do fwear, that I will faithfully infpeft all bills that may come to my hand, and that I will/Ji,';
J^ "' without favour, affeftion or partiality, condemn all fuch as I may adjudge are bad, and that I '
" will not make any indircft ufe of my appointment.'- *
Salaries ^^ ' And be it further enacted by the authority aforesaid, That each of the county courts be, and they are;
Kereby empowered to give an adequate fum out of the county tax to their refpeftive infpeftors.
trow toprocefd ^- ^' ^* "^^o enacted by the authority aforefaid. That on the tender of any lum of money the perfon to"
en a tertdcr. whom fuch tender is made may, if he thinks proper, r&quire the money to be infpefted, and in cafe
the perfon who made the tender {hall delay or refufe to have the faid money examined by the moft con-.
venient infpeftor, then and in that cafe the tender fo made Ihall not be good or valid in law ; and the
perfon fo refufing Ihall forfeit and pay for every fuch refufal double the amount of the fum fo tendered
to be recovered many court of law having co^mztnce thereof, and applied one half to the ufe of the 1780. 289
county, and the other half to the perfon or perfons who fliall fue for the fame.
Jn a&for the rdifj of the people called Moravians, Quaiers, Minonijls and Dunkardi, within this ^i^^p^ 13^
Jtate. . Aive n IM.
HERE AS by an aft of the general aflembly of this ftate, entitled, <' An aft to amend an aft for
declaring what crimes and praftices againft the ftate (hall be treafon, and what fliall be mifprifion
of treafon, and providing punifliments adequate to the crimes of both claffes, and preventing the dangers
which may arife from perfons difaffefted to the ftate," all perfons within this ftate are required to take an
oath or affirmation to the ftaie, and in cafe of refufal are either to be fent out of the ftate or to be depri-
ved of the benefit and proteftion of the laws of faid ftate, and difabled from profecuting or defending any
fmt either in law or equity -, and whereas numbers of perfons under pretence that the people called Qua-
kers, Moravians, Menonjfts, and Dunkards, have not taken an affirmation to the ftate, have entered'and
taken up the lands which the faid denominations of people have remained in quiet poffijffion of for many
years : for remedy whereof, and to prevent fuch abufes for the future,
II. Be it enaBed by the General Affembly ofthisjiate, audit is hereby enacted by the authority of the fame, That Quakers, Sic.
from and after the paffing of this aft, when it fhall appear that any of the people of any of the faid deno- «iieved,
minations within this ftate, who are in unity with the people of their refpedive perfuafions, ftiall have
been lawfully pofleffed of any lands within the faid ftate, either by patent, deed, or otherwife, whereon
any other perfon hath heretofore made entry and under the abovefaid pretence, all fuch entries and the pro-
ceedings thereon fliall be deemed null and void ; and in cafe any entries fliall hereafter be made on any of
the lands of the faid people, fuch entries fliall alfo be void and of no efFed.
An act to amend an act paffed this prefent fjfwn of the General Affembly, entitled, « An ad to prevent all arm- chap. U.
ed or other veffels leaving any port, harbour or quay, within this ftate." Temporary.
Jin aB. to continue an act, entitled « An zQ. to amend part of an aft for emitting eight hundred and fifty chap. 16.
thoufand pounds in bill of credit, for difcharging the debts incurred by this ftate in raifing men to rein-
force the battalions belonging to this flate in the continental army, for calling in all former emiffions, and
fpr other purpofes." '
WHEREAS by the before recited aft the redemption of the bills of credit emitted under the autho- Ante, p. 257*.
rity of congrefs, held at Hillfljorough in the year one thoufand feven hundred and feventy-five, 265
and thofe emitted under the authority of the congrefs, held at Halifax in the year one thoufand feven hun- ^''^^' ^•
dred and feventy-fix, was poftponed to the firft day of May, in the year one thoufand feven hundred
and eighty, and the exigencies of the ftate require a further time for the redemption of the faid emiffions : « ,
J. Be tt therefore enaBed by the General Affembly of the flate of North-Carelina, and it is hereby enacted by ppsSK"
the authority of the f ami. That the redemption of the faid late emiffions be further poftponed until the firft '.
day of Mav, one thoufand feven hundred and eighty-one, and from thence to the end of the next feffion
of aflembly.
An act for author if ng.ku excellency the governor, with the advice of rhecouncil of /late, to fend a re- CHAP. 17.
Itfio South-Carolina of any number of men not exceeding eight thoufand, if abfolutely n^e ffary. Temijorary.
An aa to appoint commiffioners to compleat the emiffions of eight hundred and fifty thoufand pounds, direBed to be CHAP. ?0.
- . emitled by an a3 paffed at Hill/borough, in the year one thoufand feven hundred andfeventy-eight. Ante,f. 257.
TTTHEREAS by reafon of the fmall-pox breaking out in Newbern at the time the faid commiffi(i>ners
fi -fv ^'^'^^ fuperintending the prefs, and ftriking the faid bills of credit, they were prevented from
hnilhing the fame, there being yet the fum of twenty-nine thoufand eight hundred and feventy-fix pounds
TT ft "^^ °f 'he aforefaid fum of eight hundred and fifty thoufand pounds yet to complete and finiffi ;
11. Be it therefore enaEled by the General Affembly of the flate of North-Carolina, and it is hereby enaBed by Money finish*
the authority of the fame, That Memucan Hunt and Henry Rhodes, Efquires, areherebv direfted and re- ed.
quired to proceed imasediately to the printing and emitting the aforefaid fum in bills of the following de-
nommations, that mbfay, fourteen hundred and ninety-four bills of fifty dollars each, in lieu of the bills
Vol. I. 4 E
290 1780. dire£^cil ; that tliey. proceed with the fame under the fame rules, regulations and refiriftions, as are
ConrH^ prefcribed by the aforeliiid atl of alTembiy for emitting the faid fura of eight hundred and fifty thoufaud
pounds.
Corr.mis ioRe.s ^^^* ■^''^ kl^. ^n^^fd by the authoiity aforefa'id. That if either of tke faid commiffioners fhould dfe^ re-
kejit up. move, or negilfl: to proceed to fiiiifh the faid emilTion, that his excellency the governor be empowered
&i:d required to appoint other commiffioners, in th6 room of thofe fo dying, removing^ or negletling to
ferve.
[2'hi: Ittjl feB'im unnuijfdry to he in(erted.'\
CHAP. 23. -^i^ tic! to amend an a<f?, entitled, " An a£l for t]U)eting and fecuring the Tufcarora Indians, and others
Ante, p 25'j, claiming Uiif'er the Tufc-trcras, in the pofleffion of thxir lands."
aniafu thee "VTrirHEREAS by the faid a£l there is no penalty impofed on jurors or witneiTes, duly fuxnmone-dy and
re.eircato. ^y failing to attend j
Attendance of II. Be it enaBid by the GenH'al Affitnlly of thejlate of Kcrih-Carclina, and it is enaBei by the atuho^
jurjis. rity of the faiHs, That the commiffioners by the faid act appointed, or any three of them, affiembled for
the purpofe of holding a court, fhall and may infli<£l: fines on jurors or witnefles fo failing to attend, not
exceeding one hundred pounds, at their difcretion \ and anlefs fufficietit excufe be to them afterwards
flsewn, caufe the fatne to be levied and applied towards defraying the county charges of Bertie : and the
witneiTes and jurois who fhall attend on the trial of any difpute between the faid Tufcaroras and others,
Ihall have artd receive ten dollars per day for their attendance, to be paid by the party call, which ail o-
ther Cofts ; and fuch trials may hereafter be had on any part of the lands belonging to laid Tufcaroras in
Benie county, whiih the cornmiffioners fhall dire6i.
CHAP. 24. An a£i to amend an ady entiiledy « An a£l to regulate and eftablifh a militia in this ftate."
Pro^fUtof.jily sukequentafls.
CHAP. 25. ' An aEifor raiftng men tbcompkat the continental battalions belonging to thisjlate, and other purpo/es.
All but the !att IX. A ND whereas it hath been reprcfented to this general affijmbly, that fundry of the fubjeits of
lr!rifa*[*qij*cted JLIl. ^^^ ^'^^^> have pontraiy to the laws, and in dired violation of the treaties fubfifling between
Anic, p. 2J. tJ^Js ftate and the Cheroke^ Indians, fettled beyond the boundary line, on the lands refeived for the faid
Indians hunting ground, to their great uneafinefs : Be it therefore enacted by the authority aforefaid. That none
of the faid perfons fo unlawfully fettled, fhall be entitled to enter, furvey, or take up, any of the faid lands,
but that they remove themfelves therefrom before the firft day of January next ; and if they fhall refufe
OT delay td remove themfelves, and are found on the faid lands after the day aforefaid, they, and every one
of thetn, fhall fotfeit and pay the fum of five hundred pounds ; to be recovered in any court having cog-
nizance of the fatne, to the ufe of the ftate, and be liable to be forcibly removed therefrom ; and the go
ternor, or commander in chief for the time being, is hereby authorifed and required to order out fuch fore.
from atiy of the neighbouring counties as may be fufficient to effeft the fame.
CHAP. 26. An act for granting an aid to thejlate of South-Carolina, and other purposes.
Tempoiar)'.
CHAP. 27. An aSl to prevent armed and other vejfelsy leaving the feveral ports, harbours and quays, within thisjiate, y
Temporal/.
CH4P. 28. An act for protecting and encouraging the commerce of nations ackneuledging the independence of the United States
-of America. H
'• TT'OR preferving friendfhip and harmony with thofe nations who have acknowledged, or fhall here- 4
Jj after acknowledge, the independence of the United States of America, fpeedy determining dif-^
putes wherein their fubjeds or citizens are parties, and prote^ing and encouraging their commerce with-
in this ftate :
Sed *^* ^^' ^' ** *' tnacted by the General AJembly and it h hereby enacted by thi authority of the same. That it iliall
be lawful for the governor, with the advice of the council, to receive and admit, from time to time, a con-
ful or confuls appointed by any fuch ftate to b« refident within this ftate ; fuch conful, if he were not a
citizen of lliis ftate at tJne time of receiving his appointment, fhall be deemed a fubje€t or citizen of the
ftate by wltttU h« wss apjoiijticd, and (hall be e;ccmpted from aU ferfonai fervices req^riffed by the l^ws of ^
this ftate from its own citizens ; and if he (hall do any aft which by the laws of this ftate would fubjeft 1780. 291 \
him to ciiminal piofeculion, it Ihall be lawful for the governor, with the advice of the council, in their Qii>*'v*0 ^
difcrerion, either before the profecution inftituted, or in any ftage thereof, to remand fuch conful to his own
fovereign or ftate for punifliment ; and for that purpiafe to cdmrilaiid him to be delivered ^j any civil of- j
'ficer in whofe cullody he may be. Ir ihail be lawful for the faid conful to take cognizance of all differences >-
arid cofitrtiveifi^S ariCti^ bet\vfe'^n fubjetls arid tiUzeilS'of hife owh ftate only, and finally fo determine and I
compofe them according to fuch rules arid laws as hef fti.ill think fit, and fuch detenniriafion, to carry into '\
execution : and where he ihall require aid for executing the fame, it (hail be lawful for tlie governor, with 5
th'e advice of th& couhcil, iifing their difcrctibh, to order any fheriff within his oivn county, or any military ■
officer whatfoever, to execute, or to aid arid slffift in executing any fuch detetmination, provided the fame ■
does not extend to life or limb of the offender. Where any failor, feaman or marine, belonging to any ;
Veffel of fuch ftate within this ftate, ftiall defert Of inlift in the fervice of this ftate, or of the United States ;
or be found wandering from his veffel, it ftiall be lawful for the raafter of fuch veffel to reclaim fuch failor, ,
feaman or marine, notwithftanding fuch failoi", feaman or tharine may in the mean time be naturalized itl
this ftate ; arid any juftice of the peace to whom the mafteir may apply, fliall grant his warrant for taking
and conveying fuch failor, feaman or marine, from conftable to conftable, to the faid veffel ; or on appli- ,., I
cation from the conful, the governor, with the advice of the council^ may iffue fuch orders to any iheriff, i
conftable or military officer, who ftiall yield due obedience thereto. ;
in. And be it further enuBed by the authority nforefaidy That any fuit commenced in the fuperior court by Process tried, ■
or againft any fubjefl or citizen of fuch ftate, fhall be heard or tried in the term to which tlie procefs ftiall \
be returned regularly executfed, or fo foOri as may be ; and to this end fubfcquent ptocefs may iffue td i
compel appearance returnable to any day in the fame term, and rUles to bring the matter in difpute to fpee- i
dy iffue may be given, to expire at any ftiorter time than what is prefer ibed in ordinary cafes : if fuch J
fuit be commenced in the county court, it miy, without any other reafon, on the rnotio'n Of petition of ei-
ther party, be removed by writ of Cfertiotai-i into the fuperior court of the diftri£l,- and the hearing or trial '\
thereof (hall be accelerated by like iheans as if it had originated in fuch fup^ior court ; and the fuperior j|
court (hall determine every fuch fuit brought before them by wrrit of error o* appeal, with all the expedi-
tion which the neceffary forms of their proceedings will allow. ^^
IHETiTLESOFTHEPRiVATEACfSi
15^ An afl for ahering the times of holdtrig tRe county courts of and administratrix of late thfe rfeverend James Reed, dec.
pleasandquarter sessions in the county of Gates, and o» the personal estate oi the said James Reed in her own
ther purposes. right, and for other purposes.
18 An a<2 to invest the title of a certain trafl of land therein 21 An aft for prolonging the time for securing lots in the town
itientioned in WiUiam Houston, his heirs and assigns, in -of Smithfield, in Johnston county.
fee simple. 22 An aA to vest the title of a certain lot therein mentioned m
19 AaaA foir vesting and confirming in Hannah Reed, widovr William Courtney, esijuire,
Read three times, and ratiiied in General Aesenbly, the tenth da; o£ May, Anno Dom. 1780.
Signed by Alex. Martin, s. s,
Thomas Bembury, s. c«
292 2,1780.
■nannu i««ai i iim ijiia . min
I j»ii i«.m—
Es"q!Gov«no": At a General ASSEMBLY, begun and held at Hillsborough, on the. Fifth i
Day of September, in the Year of our Lord One Thousand Seven Hun-
dred and Lighty, and in the Fifth Year of the Independence of the said i;
State : Being th^ Second Session of this Assembly^ n
CHAP. 1.
TempoMry.
CHAP. 2.
Teinpotary,
CHAP. 3.
CHAP. 4.
1781. 4.
Confiscated
pi-operiy secur.
ed.
Commissioners
or Sherift' to
seize confiscat-
ed property.
Governor or
Board of War
to int'urce this
A.
jift act for levying a fpec fie provlfton tax on all the inhahitants ofth'isflate^ for thefupport of the army and navy
of this and the United States in the fouthern department.
An aB. for ra'^Hng monev on loan for the immediate fvpport of the aryny, and levying an additional tax
tor the year one thoufandfevtn hundred and eighty, and for other purpofes.
An aBfor the/peedy trial of all perfons accnfed of treafon againfi this and the United States, and fir
other purpojes. ex p.
An a£} for fecuring the quiet and inoffenftve inhabitants of this fate from being injured, for preventing fuch pro-
perty as hath or may be conjifcated from being nuaflfd or defiroyed, and for other purposes.
WHEREAS great and frequent complaints have been made, that many afts of violence and barba-
rity have been lately committed in divers counties of this ftate, under pretence of feizing the pro-
perty of difaffedled perfons, and of thofe who have joined, or are luppofed to have joined, the enemy,
and under various other prU^tlces, and it is fuggefted that thefe unwarrantable depredations have been
carried fo far as to deprive many poor people of their common houfe and kitchen utenfils, and even of fome
part of their wearing apparel ; and whereas many perfons have unlawfully feized upon, and carried away,
negro flaves, and other valuable efFefts, which fall within the defcription of confifcated property, with
intention, as it is fuggefted, of applying the fame to their own particular ufe, and many flaves are faid to be
conveyed to diftant parts, and others have been pubHckly fold, in violation of law and juftice : that the pub-
lic therefore may not be defrauded, and that the quiet ^r>d j^offenfive inhabitants may be proteded and
retireflTed : ^
II. Be it enaEiedby the General Affembly of the (late of North-Car dina, and it is hereby etiaSfed by the authori-
ty of the fnme^ That the conimiffioners of confifcated eftates in every county in this ftate, and where there
are no lawful commiffioners, the flieriffor coroner of the county, flvAli feize and take into his or their pof-
feflicnall the confifcated property in his or their refpeftive counties, not claimed by any other perfor, and
fhall fecure the fame, to be hereafter applied as the general aflembly fhall direft ; and it is hereby declared,
that the property of all perfons who may at anv time have joined, or fhall hereafter join or attach them-
felves to the enemy, fhall be comprehended within the meaning of this aft.
III. And be it further enaBed h^ the authority aforfatd, That no perfon or perfons whatfoever but the
commifTioners of confifcated eftates in each county, or for want of lawful commifTioners, the fherifFor co-
roner, fliall have any authority to take pofTefTion of any confifcated property, and every perfon offending, or
who hath already oflfcnded in the premifes,on their refafal to de^vrr the fame, ftiall forfeit and pay treble
the value of the property fo illegally feized as aforefaid ; to be recovered by aGion of debt, in the name of
the governor, and fhall moreover be compelled to make reftitution of all property fo illegally taken as a-
forefaid, and in default thereof, fhall fufFer imprifonment at the difcretion of the court.
IV. And be it enaHed by the authority aforefaid. That the governor or commander in chief for the time
being, or the hoard of war, fhall take fuch meafures as to them fhall appear neceflary for inforcing the
execution of this aft, and fliall caufe all offenders therein direded to be profecuted and puniflied agree-
able to the diredlions thereof.
v. And whereas no provifion has been made in the feveral counties of this ftate for the hirinof out, for 2,1780. 293
' the benefit of the ftate, negroes feized under the gonfifcation law ; Be it the ef ore enaBed by the General Af- t-<*'v-*J"
Jemhlyofthejiateandtht authority of the same^ That where no provifion has been made adequate to this pur- Confiscated ne.
pcfe, or fuch provifion not carried into execution, that the flieriff", or coroner if there is no (herifF, ftiall gfoes hired.
be empowered to hire out until the firft day of February, fuch negroes to the higheft bidder, at public auc-
tion, at the court-houfe, after giving ten days notice.
VI. And whereas divers evil difpofed perfons, taking advantage of the prefent unfettled ftate of public P'^^P*")' P'"**^
affairs, and under pretence of diftreffing the enemies of the United States, make a pra6lice of going into so'inh C "olina
the ftate of South-Carolina, plundering and committing depredations upon all perfons indifcriminately and seemed.
bringing the plundered property into this ftate, whereby many faithful citizens of that ftate are reduced
to the moft diftreffing circumftances : in order to prevent fuch unlawful and cruel proceedings. Be it en-
a9ed by the authority aforesaidf That all property heretofore brought, or that may hereafter be brought from
South-Carolina, by any perfon or perfons refiding in this ftate, ftiall be feized by the ftieriff of the county
to which the fame ftiall be brought, and the commanding officer of the county ftiall, if required, affift the
flieriff with fuch aid as may be deemed neceflary for that purpofe ; and all fuch property ftiall be fafely
kept and fecured, and returned to the owner, if it Ihall appear that fuch owner is a faithful citizen of any of
the United States, but if otherwife, ftiall remain in the hands of fuch ftieriff, to be applied to the ufe of the
ftate, in fuch manner as the general affembly may hereafter direft : and every perfon or perfons who ftiall
offend againft this a«Ei, by plundering as aforefeid, ftiall upon convi£lion thereof, for the firft offence re-
ceive thirty-nine lafties on his bare back, and for the fecond offence ftiall be deemed guilty of felony, and
jhall fuffer death as a felon, without benefit of clergy,
VII. Temporary,
An a3 to prtvent the impr'^mtnt of boats, waggons, carls, and oihcr carriag s, employed in carrying chap. 5.
fall, c^nd Jot other pur pofes therein mentioned. EXP.
A^ aEi for fuspending the operations of an aBi f^or carrying into effect an act .^ commonly called the confiscation act. CHAP. 6.
"IK TT T HERE AS. from the unfettled ftate ef public affairs, and from the fiu£luating ftate of the currency, ^''81, 4.
%^ as well as from other caufes, the aft direfting the fale of confifcated property has not anfwered the
purpofes intended thereby, and the army of the enemy now in the ftate of South-Carolina, would occafi-
on the faid property to fell greatly under its intrinfic value ; and whereas the lands confifcated to the ftate
would, if reffrved, eftabiifh a valuable and permanent fund, either for fupplying the army and navy with
provifions, or for eftabiifliing a paper currency, which would in all probability maintain its original value ;
^ 11. Be it enacied hy the General Afftmhly or the flate of North-Carolina, and it is herebv enacted by the au- Afl suspended.
■thority of the fame. That the operation of an a£l:, entitled, «« An ad to carry into effeft an a£l: paffed at ^3"^^* ^^'
Newbern in the year one thouiand feven hundred and feventy-feven, entitled. An a£l: for confifcat-
iiig the property of all fuch perfons as are inimical to this or the United States, and of fuch perfons
as ftiall not within a certain time therein mentioned appear and fubmit to the ftate whether they ftiall
be received as citizens thereof, and of fuch perfons as fliall fo appear and ftiall not be admitted as citi-
zens, and for other pui-pofes therein mentioned, and for other purpofes," and the powers of the commif-
fioners appointed under the faid aft, be, and are hereby fufpended, and ftiall continue fufpended, and
of no effea, from and immediately after the paffmg of this aft, until the end of the next feffion of the
general affembly.
III. And he it further enaBed hy the authority aforesaid. That in the mean time the commiffioner? ap- Commlssionere ^
pointed in the feveral counties by virtue of the faid aft, do account with and pay to the treafurers of their j,°e^'lj;Ueir'"°"
refpeaive diftrids, agreeable to the direftions of the fame aft, all the monies whi-h may be now hands,
remaining in their hands, jeceived for confifcated property by them fold and difpofed of ; and fuch com-
miffioners asrefufe or negleft fo to do, ftiall beprofecuted agreeable to the direftions of the faid aft.
IV. And wherpas it is neceffary that the general affembly ftiould be informed of the different kinds and ^^^'sts of confi-
quantities of confifcated property in the ftate, in order that the fame may be applied to the moft bene- ,6^°''''''
ficial purpofes for the public ufe ; Be it therefore enaBed by the authority aforesaid. That the commiffion-
ers of the refpeftive counties (and where no commiffioners have been appointed, or where appointed
have declined quahfymg, then the ftieriff of fuch county) fhaU return to the next feffion of the general
Vol. I. 4 f ^
294) 2,.l780. afiembl)' a fepavata lift of the property of every perfon who comes within the confifcation afts, or any of
them, which fliall be found within their refpeSlive counties ; which lifts fhall be figned by fuch com-
miffioners or flieriffs, and fhall contain all the lands, houfes, and other real eftate, (laves, hprfes, hogs,
neat cattle, and ftieep, and other moveable property, confifcated by any a£l or a£ls of the general aflem-
bly, and how much of the fame hath been fold under the faid afts, or claimed by other, perfons.
V. And be it enaBedhy the authority aforefaidy That the feveral commiffioners (hall in the mean timo
compleat the titles of fuch fales as they may have bona fide made agreeable to law, any thing in this 46t
to the contrary notwithftanding.
Titles to be
Cfl^ipleatedi
CHAP. 7. ■^n ail for quieting fuch perfons as may fuffer in ikeir titles and claims oj lands, by reafon of the exten-
'Anterf).26/' and finn of the boundary Ime betn een this ji,ate and tJie commonwealth of Vire^inia.
WHEREAS from the extenfion of the dividing line between this ftate and the commonwealth of
Virginia, lands claimed under the authority and fandiipn of the laws of Virginia are found to
fall within this ftate, though deemed when patented and furveyed, to lie within the then colony of Vir-
ginia ; and whereas fundry perfons have proceeded to make entries on the faid patented and furveyed
lands as aforefaid, whereby divers perfons, patentees and claimants afprefaid, are likely to be greatly in-
jured in tlieir juft rights ; and whereas it is right policy to do equal juftice, and grant reciprocal advan-
tages to citizens whofe flates are in union.
II. Be it therefore enacted by the General AJfemhly of the fiat? of 'North-Carolina^ and it is hereby enacted by
the authority ofihejame. That all entries made within the limits of the faid patented and furveyed lands
as aforefaid, fhall, and are hereby declared to be fufpended uqtil the end of the next felTion of the gen-
eral alTembly of this ftate ; and the entry-takers and furveyors of the counties of Wafhington and Sullivan
are enjomed and required, at their peril, to defift from any further proceedings on the faid lands.
afls there refer'
red to.
1781, 12,
Certain entries
suspended
CHAP. 8.
Ante, p. 287.
and aits »here
referred to
Auditors conti-
nued.
CHAP. 9.
Ante, p 286.
AR repejikd.
CHAP. 10.
Temi»orar^.
An act to amend an act, entitled. An a£l to eftablifh a board of auditors for fettling and adjufting the pub-
lic accounts of this ftate, and other purpofes.
WHEREAS by the before recited ail no provifion is made for the filling up of vacancies, occafion-
ed by the death, removal, or refufal to a£l:, of the perfons appointed auditors under the fame,
whereby the good intention and meaning of the faid adl: may be entirely fruftrated :
II. Be it therefore enaBed by the General AJfembly of the Rate of North-Carolina, and it is hereby ena.^edby the
authority of the fame. That in the before mentioned cafes of any of the perfons 'appointed auditors under the
faid aft, the general afTembly, by a joint refolve of both houfes, may occafionally appoint an other per-
fon or perfons to fill up the vacancies as aforefaid ; and if any vacancy fhould happen during the recefs
of the general afTembly, the governor, with advice of the council of ftate, may make a temporary appoint-
ment, to be in force until the general afTembly fhall meet and take fuch appointment under confideration ;
and all auditors appointed to fill up any vacancy, fhall take the oath appointed by the before recited a£l.
An a£f to repeal an aB, entitled, " An z&. for the more efFeftually preventing engroffing and foreftalling,
for the encouragement of commerce and the fair trader, and fojr other purpofes therein mentioned."
WHEREAS by experience it is found that the above recited a£l hath not produced the good efTefts
intended, being fraught with many inconveniencies, prejudipial to commerce, and the good peo-
ple of this ftate : , .
II. Be it therefore enaBed by the General Affembly of the fiate of NorthfCarolina, and it hereby enaSed by
the authority ofthefame. That the before mentioned aft, and every part thereof, be henceforth repealed
and made void,
in. [Temporary.^
A» aBfor eflahlifbing a ieard tftuar^ and other purppfes.
Read three times an^ ntified inXrcneral Ass^bl;^, the Jl6th cf September, Anno Domini 17S0-
Signed Jby Alex. Martin, s. s.
TlK>M'AS ]2^N9U»T| S. C.
1781. 29S
■w««t—— — — xwiwWCTW— wiawwi—
^t ^Xi.ENERAL AS$EMBLY, begun and hddat Halifax, on the Eighteenth E^^^^^^JJf^^"'
Day of January,. In the Year of our Lord One Thousand Seven Hun- "^'
dred and Eighty-one, and in the Fifth Year of our Independence : Being the
Third Session of this Assembly.
^n oB to regulate and eflablijb a Militia in thisjiate. CMAP. 1 .
Provided for by sui,.,fq*e„,a^g
Al^ act to reduce ike fin continental hatttiUons belonging to thisjiate to four, to compkat the /aid four battalionsy chap. 2.
andjsr other purpofes therein mentioned. All but the two
XVII. A ND he it further enacted by the authority ajorefaidy That James Coor and William Pafteur be last thought m.
/■jL appointed commiffioners to print, or caufe to be printed or written, three thoufand five hun- .™*^^'''^' *° ***
dred cerhncftltes of i^vsn thousand five hundred dollars each, of the following form, viz. " State of North- Commissior.ers
«• Carolina. This may certify that the bearer is entitled to feven thoufand five hundred dollars, to be paid appointed.
« out of the public treafury of this ftate, with fix percent, intereft, at any time after the firft day of March,
«* in the year one thoufand feven hundred and eighty-two, agreeable to a£l of aflembly. Given under my
«« hand this day of one thoufand feven hundred and eighty-one." And {hall in the molt
frugal and expeditious manner deliver, or caufe to be delivered, the faid certificates tpthefeveral diftri£t
treafurers on or before the firft dsy of April next, in the proportions following, that is to Jay, To the trea-
furer of the diftfiifl of Newbenv five hundred, Wilmington five hundred, Sal^yfeury nine hundred, Hillf-
borough fix hundred, Halifax five hundred, and the remaining five hundred of the faid certificates to the
treafurei of the diftridl of Edenton, taking receipts for the fasne : and the faid commiffioners iliall, pre-
vious to their entering on the printing or writing the fame, take an oath not to print or write, or caufe to
; be printed or written, any greater number of certificates than are hereby direfted to be printed or writ-
j ten ; and the treafurers of each diftri(3: are required to attend in perfqn, or otherwife, at the place of gen-
ii cral rendezvous in their refpeclive diftri£ts^ and after figning the faid certificates, to deliver one of them
1 to each volunteer and draft who hy virtue of this a£t fhall appear at fuch place of rende2vous, talcing a
f receipt from each -individual, for \yhich trouble and expence the faid treafurers flballbe allowed in the fet-
i tiement of their public accounts : and the treafurer of the diftridi of of Newbern fhall advance to the faid
[[ commifTioners the fum of three thoufand pounds out of the public treafury, to enable them, if neceflary,
I to hire expreffes, and purchafe paper, for the purpofes of procuring and delivering the faid certificates as
' tHrefted by this a£l ; for which fum the faid commiffioners (hall account with the board of auditors, who
I are hereby direfted to allow them a reafonable compenfation for their fervices and expences in performing
'A the feveral duties required of them by this a£k.
fj XVIII. And be it further enaSied by the authority aforefaid. That whofoever (hall by printing, writing. Pen for coun-
i engraving, or by any other ways or means, pals or counterfeit, or attempt to pafs or counterfeit, any of terfeiting.
■ the certificates by this aft direded to be granted, or any part, word or letter, name, emblem or device
of the fame, or (hall make or couftrudi any die, prefs, type, or other inftrument, for imitating any of
the faid certificates, or any part, word, letter, name, emblem or device thereof, or (hall alter or deface
any of the faid certificates with intent to change the value or denomination thereof, or Ihall knowingly
pafs or utter any counterfeit likenefs of any of the faid certificates, being thereof lawfully convicted by '
cqnfeffion or verdift, or on arraignment or trial {hall ftand mute, or challenge peremptorily more than
!• thirty-five jurymen, every fuch perfon fhall receive judgni^ent of death, witlwut benefit of clergy, and
{hall fufter as in cafe of felony.
w
An aSffor appointing dflrici auditors for the fettlement of public claims. CHAF. 5.
HEREAS the claims againft this fcate are too numerous to be fettled by the prefent board of au- Ante,p.287and
ditors in any reafonable time, and whereas it is negeflary that the fame Ihouid be immediately a-^s there refer-
Distria Audi-
tors itppointed
Tlie'r p nver
296 1 781. II. Be it therefore enaBed hy th General AJp-mhly of thejlate of North-Carolina, and it is hereby enacted hf-
the authority of the lamey That a board of auditors be conftitutedand appointed for each of the diitrifts of
Newborn, Wihnington, Hillfborough, Halifax, Edenton, and two for th»Ttiftri£l of Salifbury, each
boqrd to confift of three members, to be refpedively compofed of the following perfons, and a fecreta-
ry : James Coor, Benjamin £xum; and John Hawks, Efquires, for the diftri£l of Newbern ; Francis
Lucas, Wm. Dixon, and Thomas Sewell, Efquires, for the diftrift of Wilmington; Memucah Hint,
Ambrofe Ramfay, and: John Taylor, Efquires, for the diftrift of Hillfborough ; John Macon, Henry
Montford, and Goodwin Davis, Etquires, for the diftrift of Halifax i Lawrence Baker, Edward Everi-
gin, and Wm, Righton, Efquires, for the d}ftri£l of Edenton j Anthony Bledfoe, Ralph Humphreys,
and JeiTe Walton, Efquires, of one board, Matthew Lock, Benjamin Clev-eland, and David Wilfon,
Efquires, for the other board for the didtrift of Salifbury ; and the fecretary of each board to be appoint- ;
ed by it ; and fuch auditors fhall have, and are hereby vefted, each board in their refpe£live diftridts,
witli full power and authority finally to fettle and adjuft all claims againft the.ftate for articles heretofore
furnifhed or imprefled for tlie ufe thereof, at the following prices, viz. for every pound of frefh beef one
pound twelve fhi! lings, three years old fleers or barren or dry cpws each four hundred and forty pounds,
four years old fleers five hundred and fixty pounds, five years old (leers fix hundred and forty pounds,
fix years old fteers and upwards feven hundred and twenty pouni s, fait heei per barrel eight hundred
pounds, fait pork per barrel one thoufand pounds, each good fhegp one hundred pounds, wheat per bufhr
el forty five pounds, ?io\3X per hundred weight oneiiundred and thirty-five pounds, Qzt.& per bufhel twen- '
ty-four pounds, oats in the fheaf each fheaf two pounds, rye per bufhel forty pounds, hay and corn-blades
per cent, each thirty pounds, bran per bufhel fix pounds eight (hillings, brandy per gallon eighty pounds,
whilkey./itfr gallon fixty pounds, cyAer p£r barrel one hundred pounds, brown fugar per pound fixteen
pounds, molalTes per gallon fifty poynds, butter and cheefe per pound fix pounds, bacon per pound fix
pounds, dried beef p^r pound fourpounds, hire of a fingle horie per day ten pounds, waggon without a
team per day ten pounds, waggon with geer per day twelve pounds ten (hillings, cart without a ttzm per ^
day five pounds, clean rice per hundred weight one hundred and fifty pounds, rough rice per bu(hel thir-
ty pounds, (hoeing a horfe each (hoe fourteen pounds, pafturing'each horfe twenty-four hours two pounds,
feeding a horfe each feed two pounds, pot-iron /«'»' pound eight pounds, hzx-\xon per pound eight pounds,
dieting a foldier each diet four pounds. In the counties of Rowan, Mecklenberg, Lincoln, Rutherford, Burke,
Anfon, Montgomery, and Richmond, for corn per bufhel forty pounds, mm per gallon one hundred and twen- ^
ty pounds; in the diflrift of Salifbury, for fslt /ify bufhel fix hundred and forty pounds; inthe diflridls of ,,
Halifax and Hillfborough, for fait per bufhs! five hundred pound? ; in any other part of the flate, for idXtper
bufhel four hundred pounds, corn per bufhel thirty pounds, rum per gallon one hundred pounds ; aud when
in any claim prefented there fhall be articles charged not heretofore mentioned, the auditors are hereby
vefted with full power and authority to allow fuch prices as to them fhall appear juft, having regard to the
prices as before mentioned, and iflue certificates indented and numbered for whatever fum or fums fhall ,
appear juflly 4'>^e to the feveral claimants j which certificates 0»all be fignedbytwo members of the board
from whence it ifTues, and be counterCgned by the fecretary ; and certificates thus attefled fliall be deemed,
and are hereby declared lawful vouchers for the (herifFs, tax-gatherers, and tr^afurers, in the fettlement :
of their public accounts, and the (lierifFs and tax-gatherers are hereby direded to receive them jn the pay- , .;
ment of public taxes ; ai)d the faid boards (hall fit at the mod convenient places within their refpeftive J
diftn£ts, at their difcretion : And that the fevferal boards meet as foon as polTible after the ratification /'
hereof, and continue to fit, if they (hall find it neceffary, until the firfl; (i,iy of May next, for the pur- /
pofes aforefaid, and po longer j and that immediately after the firft day of May, each board is hereby ,
duredted and required to tranfmit by their fecretary to the prefent board of auditors the counterpart of.
the certificates by them ifTued, together with the accounts they have pafl'ed, with the vouchers. Provided^
nevertheiefsy That |f any one of the f^id boards of auditors (hall by inviificn, or other caufe, be. prevented
from fitting to adjuft the claims of their diftri<fl within the time before mentioned, it (hall be lawful for
the faid board to fit for the fame purpofe at any other time or times when they cap do the fame with
fafety. ^ '
III. And the better to carry this aO into execution, Be it enacted^ That the fum of fix thoufand pounds
be paid to each board by the treafurer of each diftrifli for the purpofe of purchafing ftationary, paying
for houfe-rent, &c. And if a balance (houldremam in their hands, it fhallTje applied to the pay of their-
fervice (fuch receipt to be a fufficient voucher to the treafurer) and that the fame fum be allowed to each
member of thefe diftrift boards, and to their refpedtive fecretaries, per day, as is allowed to the prefent
Money advan-
ced.
auditors and their fecretary. AncJ on the firfl c7ay of May as aforcfaid, the refpeaivc diftrift boards are 178T. 297 '
dire<fled ^nd requiccd to tranfmit by their fecretary as aforefaid, an exa£t account of the expenditures ^«'''"^'**'
ojF their board, as well as the account againft the public for their feryices, giving credit for fuch fams as ' ''
they niay have received from the treafurers : And the prel'ent board of auditors are hereby empowered
i|(p fettle fuch accounts fo offered, and to iflue certificates for the balance ; which certificates (hall be fuf-
^cieat vouchers for the fl^erifl-s *ind treafurers in the fettlement of their accounts. \
v" IV. Be it enpaed, in cafe of refufal, death or removal, of any auditor appointed by this aft, that it 'ulitorskept '
ihall and may be lawful for fuch vacancy to be fi4ied by two a6ling members of fuch board, or in'fai- ^'^' ^
lore thereof, by thereprefentatives of thgfame.county in whichthe perfon fo refuling, dying or reixio- i
ying, refules, or may have refided : And that each auditor and fecrerary fhaU, before they enter upon S
the .executicai of their office, take the following oath : . ' I
,« T A. B. do fwear, that! will faithfully execute the truft repofed in me, tothebeft of my ikill ^nd Oath. ^
• 'Sl " judgment, without prejudice or favour."
SO HELP ME GOD. \
■ J, y, ^nd'where33.certi$cates iQued in confequence of this aft may be as liable to be counterfeited as Pen- for coun. \
tlie prejCent currency of this ftate, and equally as petnicious to the ftate ; BeitenaSfed, Thjt ;\nypor{on terickii^.
pr perfons. iffuing fjilfe certificates, or counterfeiting fuch as have been legally iiTued, fh^^ll be fubjeci to
the :fame,peAakies as if they had been guilty of counterfeiting the currency of this ftate. "r i
. VJ. ^»(:^^<' ?//ar/^r.(?w<??^rf, Tha,t itlh^Ilnotbe lawful forany of the'coHedors of the peciiniary tax ^°'''^'^'"" "*'* ^
Btritbin this ftate, to diftraip for the fame on any of the inhabitants of their counties who have jnlt claims 1° ''' p"'*''^ ''" l
againft the public, until the firft day of May next, any law to the contrary notyirithft^njling.' ' *' o May, ^
Vri. And be it further mailed by the autherity aforejaidt ThfA all purcbafes hereafcer' m^de for the ufe Purchases to be '
,jDf the public, or on account of this ftate, (h^ll be iij fpecie, aijd certificates granted accordingly i which "V^pecie. i
^certificates are to be paid in fpecie, or the. value thereof in the circulating ctirrency, agreeable to the
far of exchange at the time faid certificates are paid ; and all articles imprefTed, or otherwife entered in- -^
to the public fervice, fhalj be valued jn fpecie, and if lolt by unavoidable accident, ftiali be paid for in the :
iiujje manner as other articles furnifhed the public, ' l
. VllL .And whereas the prefent board of auditors hav.e fettled and allowed a number of claims fince Claims reconsi. \
Ae fitting of the, hit. sJTembly, which ought to be reported agreeable to law; ai)d' as it may be neceifary '^^'^''* i
ilwttl^e.faid claiiios be reconfidered, and the allowances n^de agreeable to this aft ; Be it therefore enaS- •
fdby ihe.xwthorityq/ires.aid, That,tlie prefent "board of auditors rpay reconfider the claims already received ]
aad iflae-certiicates, in the, fame manner as is direftpd by this aft to the diflrift auditors. ' " .
,IX. Jtidis it furfherenacled by,fhe authority afore/aid, That all ce:7:ficates iifued agreeab'e to this aft I"j;ei:?st.ojFj^p ^
ihali bear an intereft often per cent. ,Hpd be free and exempt from taxation, in cafe the perfon to whom "^"'"•
-feich '-ertificate (Ivallifiue do retain the fame in his own poffeffion ynpaid until, the firft da,y of Marcfe
whichibail be in the.year o,ne tboyfand feven hundred and eighty-tw-o. " " - ' •' ^
y^n 'tiidkm^al.iet^ to an ^Bf enfitJe/f, " Aji aft for Xecijiring the , quiet .^d i/ioflrenfive inhabitants of this CHAP. 4-. \
,ftatetfrojn:beiiig4njuredj for pxevenMi>g, fvch ipr9p9rty as ihath pr n^ay b^e .f oirfifc^te^ from being ;ivaft- Ante, p. 292.
>ed: or dflftroyed, .andictf Other .pur.po/es.;'^y«rr/?»/^■«r«>?^/wla^,..^»^^^^^^ « An aft Jfor fufnending the ^^^' l
otperationof^naft, fpr carrying into eire.ft-an,^ft commonly caljied the con(Ucat;ipn aft ;" and for ^t- I
reiiitig and regulating ekaions in particular inliances ; ami alfifor^iviji^.fux^b^r.t^nej^o Jffr^eyQrs to cfi^n- i
'*f!|-'i: ^^li&REAS it is found by.e?;perience that the firft rpQited,»ft is infufficiept to .anfwer the purpofe? ^
■ ■'^^V tiiitended thexeby, and fipce the paiTing therepf oew.ahufes Jhave arifen : for re;pedy wherepf, "
. .H. Be.-tt«na8£d-tfy the Getieral AJfexiblycJ jthejlate ofJSfcrth'Carolway and it is fifreby enaSled by the aut^o- ^
rity oj thefame^ That the commiffioners of forfeited eftates in ^ach county, or for want of fuch the (he- duty.™'"
luiffor cwpnerj^nd where .theie is no fherifforcoroner the county .court, are her^y ftriftiy enjoined to
•.feiae.and take into their pofTc-fnon, all fuph property as has beeij defcfibed in the faid aft ; ,and in cafe^ny
1 ^perfon ei;p.erfQps fliould perfiit.to jetain the fame in defiance of this and the foregoing a^, fuchcommif-
fioners, >(heriff> coroner or covmty court, as.tbe c^e.may,be, (hall call upon , the commanding officer, p'f
jthejuiJiitAa^f, the county lor fuehaid as naay be.necefl^ry to fpcure the quiet pofleffipn thereof ; and evety
militia, officer ^fufing.or .negle^ing to ^ft, ,\jrhen called upon 4n wanper herein dire^ed, ^U^prfeitauci
Vol. T» 4; G
;Ioners
298 1781.
Lantis, &c. to
be rented.
No 3./. tcctioi
'n tbe ori^nal.
B^'giins, &c.
Vtid.
Bettirns to be
ini.de.
Prosecutions
diie^d.
Property seiZ'
cd.
AA continued.
persons d'sqUE
lificd to voie>
pay the/um of twenty thouTand pounds ; to be recovered in any court of recorO, in the name, and to the
u/e of fhe (late. P.ovidcd neverthtUfs, That the eftates of all fu:h p.-rfons as hive been heretofore in '.
arms againft and are now on fervice in defence of this ftate, and who (hall continu? therein fo long as
to compleat the term of eighteen months actual fervice from the time of their entering refpeftively, and
alfo the efiates of all fuch perfons who having joined the enemy, may return and ferve in the army of this .,
ftate, agreeable to a refolve of this general airembly, (hall be fufFered to be and remain in the peaceable
pofll-ffion of the refpective families of all fuch perfons ,- any thing in this or any other law to the con-
trary Tiotwithftanding.
IV. hid be it tnaSled by the authority aforcfaid. That the lands, tenements, hereditaments, and negro -^
flaves, fliall be rented and hired out by public au£i;ion, to the highefl; bidder, for any term not exceed- -i^
ing one year, and fo from year to year, until the general aflembly Ihall dire£l otherwife ; and the horfes ;*
fhall be valued and put into the public fervice, and the beef, cattle and fat hogs fhall be delivered to the -;
county commiffioners for public ufe ,- and all other perfonal property fhall be fecured and preferved as A
well as may be. IE
V. And whereas in many counties in this ftate, as it is aflerted, divers bargains, contrails, fales, convey- |
ances, and delivejies, have been made and entered into for property falling within the defcription in the;
faid firft recited aft, in order to evade the operation of the fame aft ; It is therefot'e hereby declared and <•«-
a3ed^ That all fuch bargains, cbntrafts, fales, conveyances, and deliverances, made and entered into fince'
the expiration of the lalt feflion of the general aflembly (notwithftanding that the fame may bear a prior '
date) fliall be confidered from the beginning as null and void, and made in dir eft violation of law ; and all
fuch property ihall be liable to the fame procefs and proceedings as if fuch bargains, contrafls, falfcs> con-'
veyances, and deliveries, had never been made. '
VL And whereas many avaricious and evil difpofed perfons, in direfl violation of many a£ts of the
general aflembly, have made entries of lands which come within the confifcation aft, and have aftually
feated themfelves thereon, and cut and deftroyed large quantities of timber, and committed roanyfold trei-
pafles : for remedy whereof, Be it enaSied by the authority afore/aid., That the commiiBoners of confifcated
eftates in each county, or for want of commiflTioners the flieiiff or coroner, or where there is no ftierifFor
coroner the county court, Ihall as foon as may be after the pafling of this aft caufe an exaft account to
be taken of all lands in their refpeftive counties, fuppofed to come within the confifcation afl, where en-
tries or fettlements have been made, or fliall hereafter be made, and tranfmit the fame to the attorney- A
general at the firft fuperior court to be held for the diftrift in which fuch lands lie, with a defcription as
exafl as poflible of fuch entries, fettlements, and other trefpalTes; and the attorney-general is hereby di-
refted and enjoined to profecute all fuch trefpaflfers in the name of the ftate, by indiftment, aflion of tref-
pafs and ejeftment, or any of them, as he ftiall think proper ; and the judges of the fuperior courts are
direfted and empowered to give judgment upon fuch profecutions, in the fame manner as if fuch lands .
had been conveyed to the ftate by the common mode of conveyance, and all the formalities of the law had
been ftriftly obferved. ~
VII. And be it enaHed by the authority cforefaidy That where any property confifcated to the ftate by any {.
aft of aflembly hath been, or may hereafter be conveyed out of the county to which the fame originally "
belonged, it ftiall be lawful for the commiflioners of forfeited eftates, the fherifF, coroner, or juftices of the
county as aforefaid, to purfue and feize fuch property in manner as if the fame had never been removed,
any law or ftatute to the contrary notwithftanding.
VIII. And whereas an aft of aflembly pafl"ed at Hillfborough in Auguft laft, entitled " An aft for fuf-
pending the operation of an afl for carrying into efFeft an aft commonly called the confifcation aft," will
expire at the end of the prefent feflTion of aflembly, unlefs further continued ; Be it therefore enaSied by the
authority ajorejaids That the faid aft, pafled at Hilifborough as aforefaid, fliall continue and be in force un-
til the general afl"enibly fliall otherwife direft.
, " IX. And whereas in forne parts of this ftate divers perfons have fince the firft day of June laft attached^ *
themfelves to the enemies of this ftate and the United States, and openly appeared in arms againit the fame
and if fuch perfons are fufl^ered at the next annual eleftion to choofe reprefentatives to fit in the general
aflembly, it may be attended with the worft confequences to the fafety of the ftate -, Be it therefore enaBei
by the authority aforefaid% That all fuch perfons are hereby declared to be difquaiified in voting for members
of the general aflembly, either at the annual or any other eleflioni of which the judges and infpeftora of
the poll in every county are hereby dire^ed to take due notice.
X. And whereas from divers caufes it may happen that there may not be either (herifF or coroner in 1781. 209
' jibme counties in this ftate to take and make return of eledions for members of the general aflembly ; Be i..*i-v-o
if there fore, ena^ed by the atHhority aforesaid. That where there Ihall not be either (herifF or coronef to take the " "o Coroner,
poll at the annual or any other eleftion, it fhall he lawful for three juftices of the peace to appoint feme ^^ Justices to
reputable freeholder to hold the ele£tion with the fame powers, diredions and reftriftions, as iheriffs by holder to uice
l;aw are inverted with and fubje£l to, and fuch eledions fo made ftiall be as valid as if taken and held by the the poll.
flierifF or coroner.
XI. And be it further enaSied by the authority afore/aid. That the furveyors of the feveral counties within Fu'th^ time
this ftate fhall be allowed a further time of twelve months from the paffing of this aO: to compieat their ^|fowed survey.
furveys, and make their returns to the facretary's office.
An aB to eJJabli/h a council extraordinary. CHAP. 5.
Temporary.
AnaB to vejlthe executive powers of the government in theprefent governor ^ and to continue the delegates from chap. 6.
this fate to the continental congress^ after the fifteenth day of April nexty on the contingency therein mentioned^ and i'ecnporary.
for other purpojes.
An aB for encouraging the importation of arms ^ ammunitiont and other warlike /lores t and other purpofes. chap. 7.
: Rep. 1783,22.
An aS to enlarge the powers of the ^arter-MaJler-General, chap. 8.
Temporary, -
jln a£i to centinue an aB entitled " An a£t to continue, an a£l entitled, an aft to amend part of an a£l for chap. 9.
emitting eight hundred and fifty thoufand pounds in bills of credit, for difcharging the debts incurred by Ante, p. 289.,
this ftate in railing men to reinforce the battalions belonging to this ftate in the continental army, for
calling in all former emiffions, and other purpofes."
1|["T| THERE AS by the before recited adt the redemption of the bills of credit emitted under the author-
ij\ ity of congrefs at Hillfborough, in the year one thoufand feven hundred and feventy-nve, and thofe
emitted under the authority of the congrefs held at Halifax, in the year one thoufand feven hundred and
feventy-fix, was poftponed to the fir ft day of May, in the year one thoufand feven hundred and eighty,
and the exigencies of the ftate require a further time for the redemption of the faid emiffions .'
II. Be it therefore enaBed by the General AJfembly of the Hate of North-Carolina, and it is hereby enaBed by the Redemptioa
authority of the fame , That the redemption of the faid late emiffions be further poftponed until the fourth postponed,
day of February, one thoufand feven hundred and eighty-four, and from thence until the end of the next
feilion of afiembly.
An additional afl to an aB entitled •• An a£l concerning fervants a;nd Haves." chap. 10.
Rep; 1786, ir.
An aB to amend an acty entitled «* An aft to prevent the impreffinent of boats, waggons, carts, and other chap. 1 1.
carriages, employed in carrying fait, and for other purpofes therein mentioned. Original a<ft ex-
An act to continue an act entitled •• An aft for quieting fuch perfons as may fufFer in their titles and claims chap. 12.
of land, by reafon of the extenfion of the boundary line between this ftate and the commonwealth of the Ame.p 294and
Virginia. a^s there refer.
^TC 7 HERE AS an aft entitled " An aft for quieting fuch perfons as may fufFer in their titles and claims of '^'^ "*
yV lands, by reafon of the extenfion of the boundary line between this ftate and the commonwealth of
Virginia," whieh pafTed the laft feffion of afTembly, will expire, unlefs it be further continued ;
n. Be it therefore enaBed, That the fame ftiall be, and is hereby continued, until the claims mentione4 Aft continued,
in the faid recited aft fliall be fairly heard, and finally determined, by the general aflembly of this ftate.
Read three times and ratified in General AssemWy, the 14th of February, Anno Dom, irSl.
Alex. Martin, s. s.
TuoMAs Behbury, s. c.
SWi/lTSl.
mmM
i<niimiar<IMMM*M08<w<a»ill]r,liilm>i iiainii
TUftMA*.,
-Giiveruor.
At a General ASSEMBLY, begun and held in Walce County on the
Day of June, in the Year of our l*ord; One Thousand Seven Hundred
and Eighty-one, and in the Sixth Year 6f the Independence of ttie said
State : Being the First 'Session of this Assembly,
CHitflP. 4. An oB for raifingtrmps 9ut of the miliiia oftHiJlaUjortbe defence thereat and for ether purpofes,
Pri.videdforl>7 sab.equentaas.
CtMP. 2.
Ar,te, I'. 287,
and a&s there
referred to.
Auditors ap>-
pointed.
An aBfcr continuing the diflriB auditors of this fate, direBing their duty in office , andftr other purples.
WHEREAS it is abfolutely neceflary that the pay due, os which may hereafter be due, for militia
duty, and all othfer ckime agairtf: the ftat€ for articles furiijftied or imprefled, or which hereafter
may be furnifhed or imprefled, fhould be fpeedily fettled, and certificates granted for the fame ;
II. Be it therefore enacted by the General jlffemhly of the Bate of North-Carolina, and it is hereby enacted by the
■authority of the fame. That a board of auditors be conftkuted and-appointed In each of the diftri£ls of New-
bern, Wilmington, Hillfborough, Halifax, Edenton, and two for the difl:ri(3; of Saliibury .• each board -
to confift of three members, to be compofed of the following perfons, and a derk to be chofen by eadj
iboard refpedively, that is icfay, Iztnes Coor, John Hawks, and Wilfem Brpn, Efquires, for the dif-
trict of Newbern ; John Spicer, fen. William Dixon, and John Xing, of Bladen, Efqaires, for thedif-
tridJt of Wilmington ; John Macon, William Green, and John Branch, Efquires, for the diftrift of Hal-
ifax ; Abfalom Tatom, Charles A-bercrombie, and John Rand, Ef^ffes, for the diftrift of Hillfborough ;
Edwartl Everigin, Lawrence Baker, and'WilHam Righfob, Efquires, for the'diftrifl: of Edenton ; '^kt-
thew Lock, William Cat hey, and David Wijfon, lEtquires, for Slower board, and John Bro^vn, Da-
niel iM'Kezick, and Alesa nder Irwin, tifquires, for the upper board, comprehending, the coumies of Walh-
ington, Sullivan, Rutherford, Burke, Lincoln, and "Wilkes, for the' dtftrift off Salffbnry : andftoch au-
ditors {hall have, and are hereby vefted^ each board in its rel^6<9:iv:e di'ftrift, Mrith full pow^ ami autho-
rity finally to fettle and adjuft all claims againft the ftate for miliria pay, and for articles-whidi are or may
be purchafed or imprefled for the ufe of this flate fpurc'ha-fe6:niadei)ycoimtyxommiflioners or their ^flilt-
ants excepted) as to them may appear juft, and to fubtraO: from any claim all fuch funvs as appear' to them
unreafonable, notwitliflanding the fame may be duly fworn to, or to lay over and refer all fuch claims to
the (late auditors, or the general afl^tftt'ly, as they may j'udge Tieceffary.
Prices allowed, III. ^nd be it further ma8ed by the authority aforcfaid. That where it fliall fo happen that in any claim
^ ri *l^^* the articles furmlhfed <jr' ifhprfefied fhall not have btwi Valudd Agreeable to law, theuy^and anaJl foch cafes,
tion. ** *' the following {jfi'des in l^ede flisSi %e'aflld^s^ed,'Or *he.lavf.olval«eJ6f ^Hclvfpecie inibe currency of the
ftate, that is to fay, for fait beef /^r barrel 11. frefh beef /fr hundred weight 11. 4j. good pork/)^rbnirel 8/.
^ts.^iwnper pbirnd 1/. '♦rf.'ft'efh -pork ;^«r hundred tw:eight2A 16/- eacbigood flieep- 1/.1S.C. wheat /»fr
'buj^el IS-J. flyar^^ JifrtfniiiWJd founds 1/. !€/. oats /)pr>bwrfh^l 4// (iheaf/9ats,eafch large ftieaf 4f/, Tyc per
bufhel 8j-. hay and corn blades /)tf>- hundred pounds 6/. bran perhuS^el Sd. corn per buftiel €s. fah/^r bolh-
fel 2/. fait in HilI{b6tough diftYia;)fr biifltel 3/. 4.r. faItmi3alIfburyiaiftri£V/i<rr bufhel 4/. good bnr:mdy^
•^^dn I'O/. gbod whiflcey /x-r gallon 8j. Weil-India Pum/)«-igaUon I'*'/. Frfrch taffia;>«- gallon'Sj-. molaf-.
{es per gallon I'O/.'gbbd cydfeir^Vr bairel' 1/. I'Os. bvow-n'ftigar jfrfnpound 1/. .6^/.bar-.iron /><?»- poand- J/, itd.
p6t-itati'p'er pound Is.'Afd. (hoeiwg-a' hbWe, eftch (hoe LV. hire ofia.'h©rfei/>f»-.day is. Gd.hire of a cartand
tedhi feach'dJty J^/. 4Hfe bf a Hs'aggdn' whheattieam «Doh day As. hire of a SBaggonand four Jiorfes, with
geer complete and driver, each day 24x. butter and cheefe prr pound 1/. ^■d. and when in any cbim there
Ihall be articles charged net^rafed in ^is aS, nor valued agtteabfe lo law, the auditors ihall allow fuch
prices as fhall appear juft, having refpe£i to the rated articles : and the feveral auditors in their refpe£l:-
Cettificates to ive diftri£ls fhall hive full power and authority to iffue certificates, indented and numbered, for whate-
be issued. ^^j. fuHagthfey nUy 4ll<:«v in fpecie ; which certificates ftiall be figned by at leaft two of the auditors, and
coiinterfigned by the clerk •, and all certificates ifiuing fo attefleJ, fliall be deemed^, and are hereby decia- 2,17/?1. SOi
red, ia'A-fai voiichets in the, fettleqaent of'zill public accounts ;^ andtbe tax-gatbe'rers, county treafurers, tJi-vO
and public trcafilrers, are hereby dire^ed to receive Cnch. certiticates inpayment of pu\)1ic taxes: and the
audiiors are hereby refpeciively required to fit at fome convenient place near the centre of the diftriil, at
their difcrettbrij frbni time to time, til the getieral aflem'bly ihaifothe'rwife direct ; and fliall by their
clerk traYiiniit a copy of their proceedings, togetlier with the counterpart of the certificates by them iflii-
ed, oh mth, to th"e (tikte bb'ald of auditors: Jktidit is htreby provide'J y That in cafe of the death, negle£?, Auditors kept
or refqfal %o ^Gt^ of any auditor, it (hall be lawful for the other members of the Board to fill up fuch va- up-
caricy, .oi" on failure thereof, the reprefentatives of the county where the vaeaheV happens (hall 61! up the
fame ; arid the perfon fo appointed fliall have the fame privileges and powers, as the auditors appointed
an'd iiomVhated in this a6t : and fuch auditors arid clerk fhall, before they enter on the execution of theijr
refpeflive du'ties, take before fome juftice of tke peace the following oath, io nvit.
tf If A. B. do folemnly fwear, that I Will faithfully execute the truft reppled in rhe as auditor For the Their oath.
_£_ « diftrifi of .(or fcierlc, as tha calfe tazy b^J t;o the bed 6i iriy Mil and judghieht, accbr^-
j *i j'tig' to law"
IV. Arid tlie bettfet tb Caffy this sG into effeft, IBett enaBeJ, .That the fiiri^ af five thoufand pounds be Money paif'r he-
paid to the cierk of each board by the treafurer of each diftrift, for purchafuig flationary, payment of <-^i''>'^i a^"'^-^
ho'dfe-reati and other in'cidentafl changes ; arid the diftri61: auditors arid clerk fliall e^ch Jiave and receive boartr&c?
the fum of twenty fliillings fpecie for each day's attendance on the duties of their appointment, or curren-
cy equal to the value of fuch amount in fpecie ; and the refpecSive cleiks fhall return chi oath an account
of the public expenditures of tlie board, and the number of days each member may have attended, to each
• feflidri ©f the general affemhly, or ftate aiudiilrors, as the law may dire£t.
V. And whereas .certificates ifliied' hi c'caifeqwe-nce of this aft' nriay be as liable to be couriterfeite<I as the Pen. for co«a«
vpfeferit currency of this ftate, Be it thirefore enaci'ed by tie authority afsr-efaid^ That any peifon iffulng falfe t«rfci,ting cert
"c^^tificatesi or counterfeiting or altering fuch as may b'e lawfully ifl"aed, fhall be fubje<ft to the fame pains '^*'^^*
-'.itfid penalties ^as i'f they had been guilty of ^Counterfeiting, the currency of this flate.
■ ■■ VI . And bk it further enaUed by the -autkority aforefaid. That all certificates iflued in confequenceof this Certificates t«
ift, or by the lat^ di(lri£l aildito. s, for fums not iefs than one pound fpecie, or the lawful value thereof in ^**' interest,
i'he currency of the ftate, fhall hear ah intereft. -oftix percent, from the date, and be free from taxj^tion
• tiiitil paid, in cafe fuch certificate -fliall Temain ifnpai^ until the firfl day of Mfy, in the year one thoufan'd
•feveiVhUndred arid eighty- three, after which time all fuch certificates fliall be payable out of the, public
treafury'of this 11 ate, together with the intereft due thereon, in fpecie, or the true ai;ji real value <of the
amount of fuch fpecie in the currency of this fliate; and all fuch C€rtificat;es fhall -at any time before the
fiid firft day of May, one thoufand feveil hundred and eighty-three, at the option of the holder, be a ten-
'der in payment' of public taxes, at the rate of two hundred for one ; and the tax-gatherers and treafurers are
hereby required to receive them accordinglv, the perfon fo -rendering the fame firft endorfing on the back
•■of fiicW certincaVe'the' time. when, and the oflicer to whom paid as aforefaid. Provided, That the aforefaiJ
pTOpoTtioh or difference of Value between fpecie and the currency of this ftate, fhall not apply orbe confi«
dered as the value of any falaries, fees or other allowances, which by law are rated in fpecie ; all which
ftiall Bepaid'ih fpecie,' or the" tirUe' valiie of flich fpecie in the currenty of the ftate, any thing in this act to
th^' cdhtrjlfy'ndtw'lthft'ahdmgi , . • - ,
VHF. Aiid'be iifiiriheV ■'enaB'eSl>y th'^ authority aforefaVd. Thai the pay dtiethe militid fhall be corifidered Militia pay,
in fpecie^; and regnfeted and fettled agfeeable tb the a£t of afTembly regulating the militia in the year otte
thoufahd''fevVii hundred arid' fixty- eight. .• ., . . .
VIIT; Andieitfiirt'hirenaBedbytke authority fl^r^rtW,' That all.appraifers of articles imprefled, Crothet"- Value ofav-
vife entered iritb public fervic!e,the value of which not being afcertained in this aft, fhall be valued on t'des.
oath by two freeh^deirb in fpecie, as nearaS may be to the fpecie value of the fame. . Provided neverthe'
less That alldaims for articles fdrfiifhed this ftate befote the fourteenth day of February laft, not heretofore
liltow^', fliall' be fettled agreeable to the prices afcertained in an aft of afleiribly pafled ^t Halifax, entitled
An aft^ for appointing diftriftauditbfs for the fettjement of public claims. Provided, That no board of Ante, pi 295.
auditors (ha^l be at liberty to fettle or allow any clothes loft, rails burnt, or any other damages, exoept for
• fields of gtairii' meadow or pafturage, taken for the ufe of the atiiiy^ until ordered by th^ General Aflem-
■bly. • , - ■ .
Vol. I. 4- H
SC2,2»1781. IX. And wliereas there is only one commilF.oncr now remaining for the port of Roaroke, occafioned
by the refufal of "William Savage to a<ft, the death of Jofeph Hewes, John Campbell, and Robert Hardy,
and the law under which they are appointed provides that the furvivors, or a majority of them, fhall in
cafe of death, refufal or removal, appoint others in their room ; to remove this difficulty, Be it inacied by
the auihority ajorejaidy That Robert Smith, Jofiah Collins, William* Benhet, and N^ithaniel Alien, be, and
they are hereby appointed commiffioners of the faid port, and invefted with the fame powers as thofe here-
tofore by law appointed.
X. And be it further ina3ed by the authority aferefaidy That a brigadier-general of mlHtIa be allowed th-
fum of twenty-four (hillings fpecie per day, together with raticns as heretofore allowed by law ; a brigaae
major, and an aid-de-camp to the brigadier, and v»raggon-mafler-general, when necefTary, fhall have the pay
and rations of a major ; that the brigade quarter-mailer, waggon-mafter, purchafing commiffary and ifl'u.-
ing commiflary, fhall be entitled to receive the pay and rations of 'a lieutenant : and the auditors fhall not
fettle the pay of any militia foldier, unlefs a pay-roll on oath fliall be produced from the captain or com-
manding oihcer under whom they ferved, certifying the term of fervice, and amount of pay received by
each officer and foldier ; and that a ferjeant-major be allowed the pay and rations of an enfign.
Ccm!n:siio,i(;is
appoiiittd.
Officers pn J- &c.
CHAP. 3.
Temporary^
CHAP. 4.
An aBfor levying a money andfpecific provifion tax for the yeoA one thoufand feven hundred and eighty-o
Paroles to be
delivered up.
An aEi for the relief oj fuch perfcns as have taken parolesy and for other purpofes.
HERE AS many of the inhabitants of this flate, who have voluntarily and inconfiderately taken pa-
roles or proteclion from the officers and others of the Britifh army, who on reflection are become
fenfible of their mifcondudl, and willing io be fubjedl: to the laws of this flate :
II. Be it enaded by the General Affsmbly of the Hate oJ North-CaroHna, and it is hereby ena£fed by the authority
of the fame. That every of the inhabitants aforefaid, who on or before the firft day of Odlober in the pre-
fentyear, fhall voluntarily go before the chairman of the court, or the colonel of his county, take the oath
of allegiance to this flate, and deliver up, (if hot already given up or a£lually deflroyed) on oath, to fuch
officer, all the original paroles and other papers whipb they may have received from any Britifh officer, or
any other perfon adting under the authority of the King of Great Britain, and fhall aUo fwear that they
have not kept back any copy of fuch parole or other |)iaper, all fuch perfons fo taking the oath, and deliver-
mg up fuch original paroles or other papers, after procuring a certificate thereof from the faid chairman
or colonel of his county, fhall be liable to all the duties, and entitled to all the privileges, which the other
good citizens of this (late are liable and entitled to ; and the faid colonels and juftices are refpe£lively re-
quired to make return of all fuch paroles and other papers, together with the names and defcriptions of
the perfons to whom they have granted certificates as aforefaid, to the county court which may firft hap-
pen after the aforefaid firft day of Odlober next.
]^en.fornegIea. III. And be it further enaSied, That all fuch perfons who have voluntarily applied for, and taken paroles
as aforefaid, who (hail not on or before the faid firft day of October next renew their allegiance, and (ur-
render up- all fuch original paroles and other papers as aforefaid, and procure a certificate thereof, fhall
thenceforward be deemed continental foldiers, and fhall be liable for fuch negledl to ferve twelve months
by themfelvts or fubftitutes, in the continental army, from the time they may be delivered into the hands
of any continental officer, entitled neverthelefs to the fame pay andallo»vance in every refpeft as other
continental foldiers are entitled to ; and every fubje£t of this ftate who fliall after the faid firft day of Odlo-
ber aforefaid, take up and deliver any fuch delinquent parole man to any continental officer, fuch perfon
fhall, on producing the officer's receipt, be freed and exempted from one tour of militia duty. Provided^
That notiiing in the foregoing adt fliall in any wife be conftrued fo as to exempt or excufe any perfon who
hath voluntarily fupplied the enemy with provifions, or hath taken arms againft the ftate, from the pains
and penalties inflifted on perfons guilty of treafon or mifprifion of treafbn, agreeable to law.
IV. yjndbe it further enaffedy'ThAt all perfons who (hall hereafter voluntarily go over to, or throw them-
felves in the way of the enemy, and take paroles or prote£tion from them, fliall be deemed guilty of mif-
prifion of treafon, and be profecuted accordingly. Provided neverthelefs. That this zGt (hall not be conftru-
ed fo as to excufe any officer either civil or military, or other perfon holding any office of profit or truft in
this iiate, who hath voluntarily gone' over to, or fallen into the hands of the Britifh, and hath taken pa-
joles or prote£lions.
V. [^'Ihnporary.^
Ten fortakirg
paroles.
CfiiP. 5.' An acttd compel the counties nvhich have not fumljljed their quota of continental troops ^ as required by 2,1781. 303
a late act of the General AJembly ofthisjiatey to fur fit fb the same. lemporary. *-■
An a£}for the more/peedy trial ofallperfons charged with treafon, o*- .mifprifton of treafin againfi this flate^ or CHAP. 6.
the United JiateSy and other pur pofes. EXP.
An aSt to regulate and a/certain theftveml officers fees therein mentioned. chap. 7.
iVir. A ND he it enaSiedby the authority aforefaid. That from and after paffing this aft. It {hall not be ^'Jj'^P^J^'^^^'^*
_/\_ Jawful to enter any lands with any Entry- taker in this ftate ; and in cafe any quantity of j^^^^ °', \"g°^^;^
lands fliall be entered with any of the entry-takers in this ftate after the paffing hereof, all fuch entries fo provided forb/
made fhall, and the fame are hereby declared null and void ; and fo much of an aa of the general aflem- subsequent acls
blyi entitled, «« An aft for eftablifhing offices for receiving entries of claims for lands in the feveral coun- "'"pt the 9tli.
ties within this ftate, for afcertaining the method of obtaining titles to t]ie fame, and for other purpofes No lands to be
tlierein mentioned," as comes within the purview 3(nd meaning of this aft, is hereby declared void ; and ""f^'^' o-
every Entry-taker in this flate is hereby llridly required t6 forbear making any further entries, on any "'^i*'
pretence whatfoever. , . n .i „ . Horses.&c.how
IX. And be it further enaBed by the autho ity aforefaid, That all horfes, cattle, hogs and Iheep, Ihall b^ ^ be valued.
iin future valued in fpecie ; and that fo muth of an adl of aflembly, paffed at Newbern, in the year one
thoufand feven hundred and feventy-feven, entitled, " An adt to prevent abufes in taking up ftray hor- Ante p. 239.
fes, cattle, hogs and ftieep, and other things therein mentioned," that comes within the purview of this
aft, is hereby repealed.
An a& direHing the duty ofnavai-officerSi and for prohibiting the exportation of provlftotts for a limited time, and chap, 8.
for other purpofes. icmporar/.
An aBfor proteElin^ and fecuring the navigation oiOccacock bar, and th: founds and nvers co?nmu- chap. 9.
moating thtrewit/fMkffd vthtr purpojes. Temporary.
An all for drafting the mililia to reinforce ihsfoutkem army. chap. 10. .
Temporary.
An aBfor veflinga power in the honourable the continental congrejs tolevv a duty of five per cint.upon chap. 11.
all foreign mirc&andize, exapt fuch articles as are therttn exctpted, and lor otiur purpofes, *^^P* ^''^3, 22.
An aEi allowing falaries to the governor^ delegates^ judges of the fuperior court Sy attorney-general t public fecre- ^^^^' ^2.
taryi treafurerst mtmbers of the council offlate^ and public printer. Provided torb/
An aH to enable the govermrt with the advice of the council of Jlate, to procure tobacco for the purpofe of obtain- chap. 13.
ing arms, and for other purpofes. Temporary.
An a8i to compel all fuch perfons who have received^ or have been entrufledf with public monies t to account for chap. 1 *,
the fame, and for other purpofes.
BE // enaBed by the General Affembly of the flate of North'Carolinay and it is hereby enaBed by the authority of All receivers o£
the fame. That all commiffaries, quarter-maftera and paymafters, the commercial agent, com- P"''!,^i^°jJ'*^
commiffioners of trade, commiflioners of confifcated property, officers who have received money for th^ accounts,
purpofe of recruiting or paying foldiers, all treafurers, (heriffs and colleftors, and perfons who have re-
ceived or been entrufted with public monies not yet accounted for, in this ftate, fliall, and they are here-
by feverally required to fettle their refpeclive accounts with the General Aflembly, or ftate auditors, on
or before the firft day of Oftober next ; and the ftate auditors are hereby refpeQiveiy required, on all fuch ^ . .
(ettlements, to add the intereft and depreciation of the money on all balances due (he public, at the rate ingit.
I of two hundred for one, firft reducing the faid balances at the time they became due or payable to the
^1' public in fpecie ; and in cafe any perfon fo fettling ffiall refufe or delay to, pay fuch balances, deprecia-
if tion and intereft, the auditors (hall bring fuits for the fame as this a£t direds.
' II. And be it jurther enaciedy That if any of the above defcrlbed or particularifed perfons fhall fail to Pen.fornegleA,
fettle their public agcounts with the general affembly, or the ftate auditors, at the times before prefcrib-
S04 2/1761. od and Ura'rted* the penalty of the boi>d bf fucU p^rfon» .Wg«ther with the deprec'.at'i on thereupon froi^
v.,i<"V*ij the day of the date thereof^ given for the faithful application of money r^^ei-ved by him, or for the faith-
How recovera- ful difcharge of his duty oroiiice, ihall within forty clays after fuch faiiuce be fued for by the faid board
^''' cf auditors in fonte one of the county courts within tliisftate 4 by which county court if it ftiall .appear
to them that the faid failure (hall have really happened, an execution ihall be awarded againifl: the gbodi
and chattels, lands and tenements, of the defendant, direQed to the fherifF of the county where the de-
fendant refides, or wherein the eiFe<fls of the defe^;idant may be.
Sheriffs duty on III. And ie it further erta^ed by the authority ajorejaid, Thzt the (hef'iff to whom fUch execution fhaU
e.xecutiofls. bg (i^e^fled, (hall levy the fame as may be therein dire<3:ed, and as is dif cded by laW in hlcfe cafes, and ;
{hall pay the fums levied in confequence thereof into the hands of the public tr&jafuref of the di(lii£|t
wherein he refides, taking a receipt for the fame ; which he the faid fheriif fhall delivet Wi|hlb hinetV
days afterwards to the ftate board of auditors, undpr the penalty of ^rf thbufahd' pOurtds, to b^ fecovei'- j
ed by the faid board, and applied to public ufes. . , .
»«Mlpt&to be IV. .'i^d he it further enaded by the autharity aforeMdy That the' fal<f boatd fh'all Cdiife all fiich feceiptS
lecoicieii. j^ be recorded, in order that they may have it in their power hereafter to ofcligethe treafufei^ to accourjic
for the fums therein acknow^edged to have been received. ',
Suits to bcbto't V. And be it further enaBed by the authority »fortJaidy That where any -of the ab6y« ti^^fftioWa' oif dA
ii necesiary. fcribed perfons fhall fettle their accounts with the public as is herein before requii'ed^ with the hoSrd of
auditors, and it fhall appear upon the fettlement that any balances are due the public which ought to bft
paid> up, or which are not neceflary ta be retained for pubUc purpdfeis in -the hainds of the perfohS frotftr
whom they may be due, and the perfon or perfons from whom fuch balances may be due fhall not pajri
up tlie fame at the time of fettlement, with the depreciation and intereft thereiipon, the' faid board" o'f
auditors- fhall within ten days thereafter commence and profecute an aftion or aftions (as is herein before .
dire£led in cafes where the afore defcfibed perfons fl:iall fail' to account) againft the peWoh of tjerfoT^s- fb
failing to pay up the balances aforefaid not only for the balance due, but alfo for fuch depreciation ia
damages thereupon, frpm the day that t,he faid balances firft became due, as the jury fhall think juft, an4.
fhall afcertain. _^
Settlements to VI. And be it further enaBedy That the faid b6|j|^0f auditors- ftiall calife all the fettlements made with
be i-cjcorded. them in confequence of this art, to be entered in wiell bound books kept for that particular purpofe, which
fliall be laid before thfe general aiTembly at the AiijK' feflfcrt a^ft^f th^ faid .fettlemfents fhall b^ made, and
at all times after when called for.
CHA^. IS,. An aSi'to relieve all' fuch perfons as are rendered iftcapahie of procuring ihenifthey Afid faihUiesfiSfftetfee^ by
3 '82, 3. ' reafonof-ivoufids received in' defirici of their csUttii^yy and f)i^ ofhei-fiurpcfit. ,,
\'\iu\s 16 "'i'Sbl'-^^^^^'^^ ™^"y °^^^^ ^°°^ P^°P-^ °^ ^^^^ ^^^^' ^'^^'^ '" ''^■^^"'^^ of their country, have beeBii
2,1784, 18. VY woundedj and thereby rendered' unable to' prbciire^ acomfbWiiblefubfiftence :
17S.?,I3, 14^. n. Be it therefore enaBedby the Gennvl Affhttbly of theflnte of Not'th^CafoJina, and it is hereby enacted ly
County courts the authority of the lame. That the refpertive county courts, on application of fuch wounded or difabled
vT^% perfons in their counties; (hall certify to the gfenei^lafrehlblythe^ inability of fueh perfonsj- fettirig^. foith:
" "" * what fum fhall be neccfTary for their fupport and^ maintenance^ as' tiie nature of the cale may recj uire.
Widows and HI. And whereas many perfons liave died, and others may die, from wounds received in the defence |
orphans provid. of their countrj', ■ a«d the Wid^^vs and orphans' of- fuch niay; be- reduced ta vfant thereby i Be U therefore
tdfor. enaBedy That the fame be under confiderationof the county ,t^oii*lis as /or wounded men, "and provide!
f(Mr accordingly. . ,. . . . . ^
iTher-entaiMftgfiBibnrdeemedin^tuOiriaitobeinfertidi betng. .eHhe.f 9^ 4 tem^arary or a fnvate mture, or
prtvidtd^forbyfubfeqtithtaSis.^ • ^^
* . ir Anad for fecurin^, all ariklis UJt^'Ify'tn • B'titijli^trcbpriti tKipJf'ait, laii^ii'fYaWiHrMmtira'j^^tii^i
T^r^forary ^ ^ .,- . o •^ olhns\ av'dforcmr puifo'f^s\
CHAP 18 Ait^i toaimndanact paffed at Ne-whern, in May, one thoufandf even liundr'etand ilg^Hj; emil^'f^ An
Provided for by 9£k toenlargc-the jiirifdiaion of juftiees of thepeaCe, and for other purpofe^.'
subsequent aflK, rj- H E T I T L E S OF THE PRIVATE A C T S.
jr Aiiaa t*«iaWetWejt»sticeaoflJtw-Hartwe^t6untytohdid'a cauMin&ny FMt«f»ai*cou^^^
Head three times and ratified it. <5?flT!i^t'Asterti"y , ^^wom A^^ll^vin'HV *s n
bl/, the Mth'^f July. An«o,Donr,irSL ^ ^ iiOMAS BtNBURY, a. 0,
17&2. ^do
iBXA.NOES
Martin, £sf<
Governor.
At a Genetai A^SEMtJLY, begun andlield at Hillsbprougli, on the Thir- Ar.
teentk Day of April, in the Year of our Lord Oiie Thousand Seven Him- go
idred and i ighty-twbi and in the Sixth Year of the Independence of the
said blate : Beiii^ the first Session of this A-sseinbly.
An d£ltfi>rraijtngtrc<ifj'tO)Ciympltiittkecm4iinenM aiii aikir f^ur^^s. chap. 1,
Temijorary,
itf« ttct'to etimf^'l ttU firfohi who fh&ve aisled as cvmrni^ontn or quarter. majiers, Mt >the militia tine of chap. 2.
'. Jkiijttite, ud aicoUnijvT public ^vres, and jx)t i^ir^iikm^impr iff m^ ai^dfof-^sikerfttrpofes. Temporary.
A*t aBfyr the relief of ike officers dnd/oldiers in ihe cotitihehtai Une, and for ofhef furptfes th&rem nteiifiihed. cHAP- 3.
WHEREAS the officers and foldiers of the eontineiWal line of thisftate, have fuffered Tery much J783,3.
by the depreciation of paper currency, as well as by the deficiency of cloathing and other fupplies, Y^hl^o
that have beeti dufe theitti afccoj'ding to fandry afts and refolves of the general ailenrbly of thisftate ; and jfgj 12,14 22,
vhereas the honooTablte ifhe continental congrefs have refolved, that fueh depreciation (hall be rnade good Vo"!, 2, 91.
to the eighteenth day df Aa^uft," Ont thoufand fevefl hundred and eighty, agreeable to a fcale df depreci-
«i6n leftabMied ; '■ . •
-il. Be it ehaiiVd fyiMe'Elihii^iit ^1iffe0l'y of Ihe fldte of ■Ndrr^-Ctii'oltnaf and U is fierefy .enacflei by the au- Depreciation
ihWttybf Vkefa'nte., That all depreciatinn df pay and fabfiftence, due to any officer or foldier before fhe *"°^"^^-
f*id eighteenth day of Aygitft, one rhdufand feveh fiftmdred and eighty, be made good to them agreeable Deficiency of
to ihe Tefolutions of cqngrefe, and that. they Ihall be paid for all deficiency of cloathing, and that John *^°*' '"^"
HrH'ks, Jartles Cckrr, and William Blount, Efquires, or any two of thera, be, and they are here'by ap- c;cnrimiss:or.ers
pbit^tfed a bbaW to liquidate,- arid finally fettle the fame in fpeeie. app^. e.
/ jll. -A tM for the more immediate relief of the parties, BeittnaBedy That eachdflieer and foldiet fliall To receive cer-
TecevA'e indented certificates, one or more being for twelve months pay and fiibfifteace, which fhall be ne- tifica-es.
|r«ciable in prompt payment for anV public property that may be immediately fold, and fhatil receive ano-
ther eertfficate or certificates, for the balance, •Which (hall be paid off by aiiy trealftirer bf the ftate, as foon
^s ihe fltuation of the finances v<'}}l permit.
IV. And be it tnaBed, That the oahnce, or arrearages, due to any officer or foldier who has beeh kil- He^rs and wi-
>0d vx aclion, ttr di&d ill fervice, fmce the eighteenth day of Auguft, one thoufand feven hundred and dow entitled,
eighty, fliail 't^ paid to the heirs of fuch o'fficer or ioldier deceafed, and that fuch widows of officers and
foldi^rs deceafed, ;is are by refolve of die a-fiembly of North-Carolina, entitled to haflf^pay, fhall have the
depreciation made good tb thei^, and have their certificates iflued accolrdingly.
V. And he it furtn.er e'ndStid^ That the commiffioners aforelaid ftiaiireaeh receive tMtrdfaty-four (hillings Cotnmissioners
/)/>' -day for their trouble in liquidating, and finally fettling th« aforefaid accounts ; and that any perfon 'opay.andpen.
I^'ho fhall counterfdt any certificate iflued in confequencexxf fhis law, -(hSfll be deemed guilty of forgery, |"°^ w^n'erfeit.
ahd fti^r accordingly. ^ ^'
VI. And whereas it is prpper that fpme effe<f^Vial atid pern^anent, reward fhould be rendered for the (ig- Lands allowed
ttA braVery, and petfeveriiig zeal, of the continental officers and fdldiers in the fervice of the ftate ; Be it ^'^^ 'foops»
tHAtttdt That each continehtal foldier of the line of this ftate, who is now in fervice, and continues to the
etid of thie War, or fuch as from wounds dr bpdHy infirmittes, have been, or (harll be rendered unfit for
fervice, which fhAlI be afcertain^d by a certificate from the cohimanding officer, (hall "have fix hundred
and -forty acres df land ; and every officeir who is now in fervice, and fhall continue in fervice during the
war, as well as thofe o'fticers v^bo from wounds^or bodily infinnities, have left, or may be obliged to leave
Vol. I. , 4. 1
306 1782, the fervice, fliall have a greater quantity, in proportion to his par, as foUoweth : a private fix hundred '
'-••'■v^x' and forty acres of land, and each non-cominlilioned olficer one thoufand acres, a fubaJtern tjvo thoufand
five hundred and fixty acres, a captain three thoufand eight hundred and forty acres, a major four thou-
* fand eight hundred acresT" a lieutenant-colonel five thoufand fevcn hiindred and fixty acres, a lieutenant-
colonel commandant feven thoufand tvpo hundred acres, a colonel feven thoufand two hundred acres, a
brigadier twelve thoufand acres, a chaplain feven thoufand two hundred acres, each furgeon four thou-
fand eight hundred acres, each furgeon's mate two thoufand five hundred and fixty acres; and where a-
ny officer or foldier has fallen, or fliall fall in the defence of hts country, his heirs or aifigns fliall have
the fame quantity of land that fuch officer or foldier would have been entitled to, had they ferved during
the war ; and the aforefaid grants of land to each officer and foldier, fliall be free from taxation during ■
the term they refpeftively fliall continue in a£tual fervice, unlefs by themfooner difpofed of.
Preemptions VII. And whereas in May, one thoufand feven hundred and eighty, an afl paffed at Newbern, refer-
allowed, vi,ig a certain trait of country to be appropriated to the aforefaid purpofes, and it being reprefented to this
prefent affembly that fundry familiej^had, before the paffing the faid a<^ f«ttled on the faid tract of coun-
try } Be it enatiedy That ^^ hundred and forty acres of land fhall be granted to each family, oi head of a
family, and to every fingle man of the age of twenty-one years and upwards, (to include their improve-
ments) fettled on faid land before the firll day of June, one thoufand feven huiidred and eighty, for which
they ftxall have the right of pre-«»mption ; Provided^ No fuch grant fliall include any falt-lick, or falt-fprings
which are hereby declared to be referved as public property, together with fix hundred and forty acres
of the adjoining lands^ for the common ufe and benefit of the inhabitants of that country, and not fab-
jed to future appropriations ;. and all the remainder ol the aforefaid tra£l,of country, fliall be confidered "^
as fubje£t to partition, as by this. a£l direded. \
S'l^'tfflandl! ^^^^' ^'"^ ^* i^ further enasfedy That Abfalom Tatom, Ifaac Shelby, and Anthony Bledfoe,. Efquires, i
' or any two of them, are appointed commilTioners ia behalf of the ftate, to examine and fuperintend the •
, laying off the land in oae or more trafts allotted tc the officers and foldiers, and they fliall be accompa-
nied by one or more agents, whom the officers may appoint,. tO) affift in the bufinefs ;. and in cafe any
commiflioner fo appointed ftiall die, or refufe to adt, his excellency the governor fluU fill up the vacaney.
iireaions. jjj ^j^^ whereas it is proper that za early opportunity ftiould be taken to explore, and lay off thofe
lands ; Be it therefore enaBedy That his excellency the governor, or his fucceflbr, fliall be empowered in
the courle of the prefent year, or as fooa as the fituation of public affairs fliall render it practicable and ex-
pedient, todire£l the commiffioners to proceed in the execution of their duty, and he fliall appoint them
a proper guard, not exceeding one hundred men, properly officered, which faid officers fliall be appoint-
ed and. commiffioned by the governor. Aad that each commiffioner" fliall tecdye» ia one furvey, five
L d iih d ^o'^^*'^<l acres of land for his fervice.
Gen. Gr€«ne. ^' And be it further enacted by tht authority aforesaidy That twenty-five thouiand acres of 1 and fliall be
allotted for, and given to Major-General Nathaniel Grepne,. his heirs or affigns, within the bound? of
the lands referved for the ufe of the army, to be laid off by the aforefaid commillioners, as a mark of the
S ' &^ ^^^ ^^nie this ftate entertains of theextraordinary fervices of that brave and gallant officer,
rv jors, c. ^j^ jind be it further enacted by the authority aforesaidy Thit th& (aid comm.ilYioner& are hereby authorif-
ed and empowered, to appoint one or more Purveyors, not exceeding three, as thjey may find neceflary,
for the more fpeedy and effeftual laying off, and furveying the faid lands, and alfo to employ the ufual
number of chain-carriers and markers, and fuch nu:«iber of hunters (not exceeding fix), as may be abfo-
lutely neceffary to fupply the perfons concerned in this bufinefs. with provifions ;. which faid furveyors
fliall be allowed two thoufand five hundred acres of land each for their fervices, the chain-carriers, mark-
Allowance, (jrs and hunters, fix hundred and forty acres each for their fervices and the private men of the guard three
hundred and twenty acres each, and the offi;ers of the guard in proportion to, their militia pay refpeil-
ively-..
. . XII. And be it further e/tacted by the authority aforefaidy That tlie commiffioners (hall be empowered,
now tQascerta' f^m time to time, during, the execution of this bufinefs, to adminifl;er an oath or oaths in cafes where
in rigijts;ofpre- doubts may arife refpe£king any fettler claiming a tight to preremption under this a£t, and to grant cer
eraption, tificates to fuch perfoiw as^ fliall appear to them to have a right to. the fame ; and the faid commiflioners
are dire£ted and required to note down, in a book to be kept by them for that purpofe^ the names of
i^uch perfOits to wliom certificates of pse'^mptioa maj^ be graotedt, a cop)^ oi ^hiqh q^tificates they flial]
jctovn to the general affembly, ^alfo an ascurate draught of the county they, may explore, and the trads 1782. 807
ofland diey may lay off. U*-v^*.»
XIII. WW ee itftttthet inacfed by the authnity aforefaiiy That the commifBoners hereby appointed fhall J^*^^**" *" •
take an oath, to do equal right and juftice in determining preference to the fetlied> as by tliis a£l admit- °* ' i
led.
JnaSi to amend an aBy pa£ed at the k/i fjfion cf the General JJfemhly, entitled, ** An a£l. for continuing- CHAP.. 4. ;
' the diftri£k auditors. of this (late, direding their duty in oIEce, and for other purpofes :" and alfo an- ^'"^'P-?'^'''
other aB paffsd at Halifax, on the eighteenth day of Januaryy one thoufand feven hundred and tighty-one, en- aSs'the re refer- '^
titled, " An ad fof appointing diftricl auditors, for the fettiement of public claims. red to. -^
WHEREAS the before recited ads are found inadequate to the good purpofes intended thereby, \,
and the auditors have been much embarrafled in the liquidation of the public accounts : For ■
jremedy whereof, ,. ,
..: II. Be it therefori ehacteihy the General Ajfethhly of the Hate of North-Carolina, and tf is hereby enacted by the Claims in
authority of the fame. That all claims tiow due, and unfettled, fhall be liquidated in fpecie, by the dif- *Pecie, <
trid auditors, under the fame rules and regulations as prefcribed by the before recited ad, paffed at j
Wake county. \
III. And h it enaBed hy thi authority aforefaid, That»he auditors ftiall be, and they are hereby autho- Auditors to ^et*' . ;
rifed and direded, to fettle W\i\i, and adjuft the accounts of the feveral county commiffioners within thear tie eccounts. \
refpadive diflrids, alio jving each of them a commiffiort of feven and a half per cent, for receiving, pur- |
chafing and delivering, and return the fame with the vouchers^ and their report thereon, into the comp- »
troUer's office.
IV. And be it enaBed by the authority aforefaid, 'VhiA\heA\^x\&tnAhorsixiiiy,znAi[xz\\, fettle all fuch And claims. ^
claims and accounts in their refpedive diitrids, a$ are not otherwife provided for by law. ^
V. .■indbeit further enaBed by the authority offrefaid, Thzt the iollow'm^]^er[ons be, and they are here- Di'sttia Audi.
by appointed dxftrid auditors, fO wit, William Righton, Edward Everagin, and James Webb, for the '°''^*
diftrid of Edenton i David Wilfon, Matthew Lock, and William Catha, for the middle board of Sa- j
lifbury diftrid ; Traugott Bagge, James Hunter, and Charles Bruce, for the upper board ; and John ^
Auld, Stephen Miller, and Thomas Child s, for the lower board of Salifbury diftrid i John Bradford, |
John Branch, and William Green, for Halifax diftrid } for Waftiington and Sullivan counties, Anthony i
Bledfoe, Edmund Williams, and Landon Carter } for the other board in Morgan diftrid, Alexander
Ir win ^ James Miller, and Benjamin E^ledge ; for Wilmington diftrid, William Dickfon, Thomas \
Rutledge, and John King ; for Hillft)orough, Archibald Murphrey, John Nichols^ and Richard D. \
Cook; for Newbern diftrid, James Coot, John Hawks, and Etheldred Ruffin. i
VI. And be it enaBed by the authority aforefaid. That the feveral boards of auditors appointed by this T^eif power. \
ad, (hall hare the fame powers, authorities and privilegeSi^ as the auditors held and enjoyed under an \
ad paffed at Wake county, entitled, «» An ad for continuing the diftrid auditors of this ftate, dired- *
ing their duty in office, and for other purpofes.'' And in cafe one or more of the auditors herein nam- 1
ed ftiould die, remove, or refufe to ad, his excellency the governor, with the advice of the council of ^
ftate, ftiall appoint others to ferve in the room of the perfon or perfons fo dying, removing, or refufing
toad. \
Jn aBfff the relief of perfons tvho havefuffered, tr May fufer, by thehr deeds and mesne conveyances not being CHAP. 5. <
" proved and regiSeredi within the time heretofore appointed by law. 1763, 18,
WHEREAS many perfons, through ignorance of the law, have neg'^fded to have their deeds and ^ '
mefne conveyances proved and regiftered, according to the \iliredions of the feveral ads of af-
fembly in fuch cafe made and provided, or through theconfufionof the times have been prevented from
a compliance vrith the aforefaid ^c^f. : For remedy whereof j
II. Be it enaBed by the General Affembly of the fate ofNorth-'Carolina, and it is hereby enaBed by the autho- Time for the t • ';
rity of the fame, Tfiat all deeds and mefne conveyances of lands, tenements and hereditaments, not alrea- 8'^ '/ »"«* P"^®-
dy regiftered, acknowledged or.'proved, fhall and may within two years after the paffing of this ad, ^»« "^ «*«««**' 1
be acknowledged by the grantor of grantors, his or their agents or attornies, or proved by one or more * ''•
of the fubfcribing witneffes to the fame, and tendered or delivered to the regifters of the counties where \
fuch lands, tenements or hereditaments are refpedively fituated ; and all deeds and mefne conveyances ^
308 1782. whatfoever, which fliairbe acknowledged or provea, according to the i^e^to'ns of j&jis'a^,' IQibugh ,ii(it
ivkhin two years after the date of the r«ifpe<afve coaveyaaces, fhall be good and valul in laVi and fhall
enure and taice effect, as fully and effedually, to the ufe and behoof of the grantees, their heirs and
afllgns, and thofe claiming under them, as if fuch deeds and conveyances had "been acknowledged or pro-
ved, and regiftered, agreeable to the direSions of any adi of affembly heretofore made. Provided ni-
^'^/-//W^, That nothing Jierein contained fliall be conftrued to affe£l, pr in any mannpr whatfoever to
relate to, lands or other .property of .perfons coming within the Hefcriptioh br.peiialtiesMih^ cotlftfcatioa
aft, or any other aft creating forfeitures for afts of high and petit freafon. Provided .alfit That no-
thing in this aft contained fhall be cpnfirued fo as to admit to recprd, or ratify and teriforcfe aiiy grant
or grants, heretofore made in lord Granville's office. .. .: ' '■ ' ■ . , .r
ill. And whereas fundry perfons may halve purchafe41a'nd a1t a'ftine Vhfeh jf^^ SrfOt'ihih^ir power
to have their deeds admitted to record, owing to a ilop "being put to the bufi'tiefs bYidl'^ JTev^fail 'cbuntyconrts
within this ftate, fince which time the.granfor or grantors, together with the fubfcribiftg witneflVs, have
removed themfelves out of the county.wherethe lantliies, to the great prejadice of the jJurdhafet of'pur-
chafefrs ; and whereas there is no law to compel them, or ^ny of them, to appear at any of thfe faid courts'
to acknowledge or prove any fuch deed or deeds ; Be it enacted by (ht authority afor'esaid, That ^ny perfon
orperfotis under the before mentioned circumftaiices, after making it appear to the fatisfaftioh of faid
courts where fuch cafes may be, the faid county courts are hereby empowered to grant a dedimus, di-
refted to fome juftice of the. peace in the county or ftate where fuch grantor, grahtoirs, or allot aftyol the
tubfcribing witnefies may be, empowering iUe laid juftice to take the acknowle'dgrhent, Or jsrbbatle trf fuch
deed, and requiring him to certify the fame under his hand and feal, direfted tb tht tbilflty coirtt, fettin]j;
forth that fuch deed or deeds have either been acknowledged by the. gran tor: or grantors. Or dtherwifiM;
proved by the oath of one or more of the fubfcribing witnefies, then and in that cafe, ftich county court^
may, and are hereby empowered to admit fuch (fecid or deeds to record, Ivhich fhall be as giiod and valiHli
in law, as if the fame had been acknowledged or proved in open court of faid county, any la^ to the con-
trary notwithftanding,
Exceptions.
Mo('e of proof
where witnes-
i>esb»yei:emoV'
cd.
CHAP. 6.
Ante,p.243 • d
ails there refer-
red to.
4
Forfeited cs-
U^tes.
Anaci directing -the Sals irf confiscated property. , • ^_ ., ,:
-HEREAS many hrge and valuable trafts of land, as well as negroes and <*herKperfon2il proper
of perfons who h'ive l^t this ftate, gone oVer to;the'enetiiy> Snidijoioedthe Ijlme, and others, havi
been 'forfeited to theftiate, and it'is appTeheiidedthe:fti|itig.thfe (^me will bfia-tn^aiw of raifing a coniider«
lable revenue to; the ffcite: ' . i ; K , . • ^.jI . ,: ,. ,. ;:.
II. Be it enaHied by the General ApMty^f the JhUei^ MwtljfCiaii^inay .(^^^ ^
efthefaJHe, That all the landfs, tenemente, and heteditamens, negroes knd other ^ftates, real and perfonai
which were, on the fourth day of July, in the year of Our Lord one thoufaivi. fcven hundred and feventyi
-fix, ahd at ahy time fiuce, the property of the following perfons, to wit, William Trypn. and Xofmh Martin
E(quires, Sir Nathaniel IDudcinfiald, Henfy M'Culloch, Henry £uftaee M'CujloehV^amuel Cornell. a
'^Edmund Fanning, Thomas 'M'Knight, late of Ciirritaek county, James Parker, Wini^QvM'Cotmack, .Jol
fDunlap, Neal'SnaAEjrafs, "and John Lancafter, late of Pafquotank county, James Green, imariper,4}ndJoi
Alexander, late of Craven, Thomas Oldham, late of Chowan, Thomas Chriftie, of the kinn;dom of Irelan
Frederick Gregg, late of New-Hanover, Andrew Miller, - lexander Telfair, Hugh Telfair, John Thorn-
fon, John Hamilton, and Archibald Hamilton, fate of Halifax, George Alfton, late pfGrativilLe, Michael
"Wallace, John Wallace, late merc^nts of, Virginia, William Fieldy John Fiel^, jun- aind fecbert Tumeti
'Ute of Guilford, John Mob?^, late of Tryon, Jarnies Roberts, late of .Surry, Gi?or,seJVliller,^te of Dohbsj^
Jarties Cotton, Walter Cunnjnghai^v, SaiTiuel Williams, late of Anfbn, Samuel .iiryajj, Wilham Spnrginij
Mathias Sappingf^eld, late of Rowan, WilUamM-Lelltan,late of.Edgcomb, MefT. Oinwlddie, Crawford, aniB
Company, late of Bute founty, Robert PalmeT,late of fitauforr* EJJward Brice Dobbs,."Raiph,M'Nair, Jo1h|
M'Nair, Jofeph Field, James. M'Neil, Arch. M'fey, Alex. M'Kay,,Neil M'Aithur, 'John L^gg«tt, Jo^Wi
M'Cloud, Collin Shaw, W,m. Campbell, James Gamble, and coitnpii«y, Thomas Rutherford, William ,Ro(^>;
Alexander M'Kay, Meff. Waller and Bridgen, mtrciiants in London, /. lexander iM'Cauilin, late ofNeiyi}'
bern, Alexander Carrfpbeli, Robert Bell, and JDurican Campbell, late of Granville, trancis WilliamfOn, h#(
of Currituck Country, Chancey Townfend, Doftor Tucker, late of Wilmington, Buchanan, Haftie, and
company, James M'Nejl, late* of Halifax, county, and Alexander Munn, late of Wake county, fliall be
<5onGdered as abfolutely fovfeited, and {hall be fold by the commilTioners by this aft appointed, In manner 1782, 309 ;
herein after direfled. i^^-vo ^
III. And whereas the property of fundry other perfons hath been feized by the comminioners of con- Norice ondis- ^
fifcated property, ftieriff or coroner, in the different counties of this (late, as forfeited under fome one or P"^'^ pi'q'ert/ j
other of the afts of alTembly commonly called the confifcation laws, and fome differences have arifen, or
may arife, refpe£f ing the legal forfeiture of the fame ; Be it thirefore tnaEled by the authority aforesaid,, That
ia all cafes whatfoever, (except in cafes relating to the property of the perfons herein before exprefTiy na- \
med) the county commifBoners of confifcated property, and where there are no commiffioners, the (herifl', ]
and whore no fheriff, the coroner, of each county (hail, by'notice under their, or his hand, require each and \
every perfon in the county where they are commitTioners, he is flierifF or coroner, in whofe hands or pol- *
fefhon any property is, which has been, or may be feized as forfeited, and all other property within this I
(late which may be deemed forfeited, and confifcated by any law, though the fame may not hitherto luve \
been feized, or pofTefTed by any commifTioner, (heriffor other oiTicer, to appear at the next county court to \
be held forfuch county, and before the juftices thereof fhew caufe, if any they have, why fuch property \
fball not be adjudged as confifcated to the ufe of the flate ; and on failure of the perfon or perfons fo no- j
tified, to appear, the property in the hands of fuch perfon or perfons, fhall be adjudged by the juftices of
the county court to be forfeited. But wherever any perfon or perfons fhall appear, in purfuance of fuch \
notice, and difpute the right of confifcation, then and in fuch cafe, the court fhall diredl a trial to be had
at the fame court, by the jury attending fuch court, in the fame manner as trials are had in other cafes ; and ■
in cafe of a verdi£l being found, that the property in difpute is forfeited under the confifcation laws, then \
the fame fhall be fold in the fame manner as other property direfted to be fold under this aft. Provided^ 1
Tliat the claims fet up by perfons under entries or grants obtained fit>ce the declaration of independence, J
(hall not be deemed a claim under this aft, fo as to obftruft or delay the fale thereof, except fuch entries or j
grants as have been, or may be made, on the large traft of l^nd called No. V". and of which Arthur Dobbs,
Efquire, died feized. ■
IV". Andbe itfurtherenaBedhphiauthorityaforefaid, That all the lands, tenements, and hereditaments, with Condemned j
their, and every of their appurtenances lately belonging to the feveral perfons herein before named, as well P'^openy soid. j
28 all thofe which fhall, under this aft, be adjudged as forfeited, fliall be fold by the commifhoner at pub- j
lie vendue for fpecie, fuch commiihoner giving public notice thereof, by advertif ng the fame at all the j
court houfesin the diflrift in which fuch property fliall be, at leaft one month lefore fuch fales, which ;
f:\les fhall be made en credit for five years, the purehafers giving judgment ' onds, with fufhcient fecurity, j
payable to ihe goveinor for the time being, or his fucceffor, for the ufe of the ftate, in double the amount ^
of tlie purchafe mcncy, conditioned for the payment of the principal at the end of the faid five years in '\
fpecie, and for the faithful payment and difcharge of fix per cent, intereft thereon annually ; and m cafe ;
of the intereft not being regularly paid, judgment fhall be entered in any court of record for the fame, and
the bond fhall not be void on the firft recovery, but judgment may be entered thereon from time to time, '
fo as not to exceed the whole penalty of fuch bond, until the intereft and principal fhall be recovered. \
V. Provided nevertheless, That every purchafer who is willing, and defirous of paying any part of the Certificates
jiurchafe money down, not exceeding two-thirds thereof, fiiall be at liberty to pay the fame in certificates received. ;
iffuedfor currency by the general affembly, or by any board of auditors in this ftate, at or before the feffion }
of alTenibly, at Wake court houfe, one thoufand feven hundred and eighty-one, at the rate of one hundred
and fifty dollars currency for one in fpecie, (certifirates for foldiers bounty excepted) or in currency or cer- ,-
tificates illued as aforefaid, for currency fince the faid fefhon of affembly, at Wake court-houfe, at eight \
hiundred dolhirs currency for one in fpecie. ' 3
- VI. -nd be it nirthr enabled by the authority aforefaid. That feven commifTioners be appointed to fuper- Commissioners \
intend the fale of fuch forfeited eftates, whofe duty it fhall be to receive returns of all confifcated proper- to attend the |
ty from the commiffioners, fheriff or coroner, in each county, and direft the furveyors of the counties, ^*''^^*
to furvey and lay off all the forfeited lands in their refpeftive counties, and return one plan thereof to him, [
and one other plan to the fecretary's ofhce ; which furveys fhall not contain more than fix hundred and ^
forty acres of land in each ; and the faid commiffioners fhall attend the fales of fuch lands, and make re- \
turn thereof to the governor and commander in chief for the time being, or his fucceffors in office,-^ with- \
in three months after fuch fale, in which fhall be expreffed the quantity and defcription of the land, coun- ]
ty where fituated, to whom fold, and the price, with the bond for payment of principal and intereft ; and '
tliereupon the governor and commander in chi^<.^ ftiall caufe grants, under the great feal of the ftate, to
Vol. I. ■* K' . o ^
Scirveyors £eest
310 1782. be made to the refpedlive purchafers ',]*vhich grants fliall be eurolled in the fecret-ary's office, and regifter-
5^»v>i^ ed iji the county where the lands lie, in the fame manner as other grants ; but no grant lliall iii'ue from
the fecretary*s oifice until the purchafer fhall, in order further to fecure the payment of the purchafe mo-
ney and intereft as aforefaid, execute a mortgage of the lands contained in his grant to the gxsvernor and
commander in chief for the time being, for the ufe of the (late ; in which mortgage it fhali be exprefsly
declared, that the fame fhall be void on the regular payment of the intereft yearly, and of the principal
at or before the end of the faid five years, and on failure of fuch payment, it (hill be lawful for the (late
to re- fell the fame lands to any other perfon, or fo much thereof as may be fuliicient to raife the balance
"tecuritiet. that fliall be then due to the public for principal and intereft, from any of the grantees, and their ^i'ecreta-
ries, their heirs or afngns.
Co.Timissioners ^^^ ■^"'^ ^^ '^ enaShd by tht authority aforefaidy That in cafe of the death, removal out of this flate, cr
Jceptup. refi^rnation of all, or any of the com mi (Boners named in this a£t, that his excellency the governor, with
the advice of the council of ftate, be, and he is hereby authorifed and empowered to appoint other commif"
fioner or commiffioners to fill fuch vacancy or vacancies.
Theiroath and VIII. And U it jurther enacted by the authority aforesaid^ That the faid commifTioners fhall, before they en-
commissions, ter on the execution of their office, take an oath that they will truly and faithfully execute their faid office
agreeable to the direftions of this aQ: ; and fuch commifTioners, for fuch their faithful fervices, ihall be
entitled to a commiffion of one per cent, to be paid them by any one of the treafurers on a warrant from the
governor, or commander in chief for the time being, and allowed fuph treafurer in liis accounts with the
public.
IX. /ind be it further enacted by the authority afore/aid. That the county furveyors fhall be allowed the
fum of forty fhillings for each and every furvey by them refpediively made, agreeable to the directions of
the faid commiffioners, paying the chain-bearers, and returning the plans according to the diredlions of
this act, to be paid by warrant from the governor in manner aforefaid. And in cafe any furveyor fhall
meet with oppofition by force, he fhall apply to the commanding officer of the county, who, on having
the fame afcertained on oath, fhall order out fo many of the militia under his command as may be luffici-
ent to repel fuch force, and fupport the furveyor in the execution of his office.
X. And be it enacted by the authority aforefaid. That the fales of all confifcated lands, negroes and horfes,
fhall be held at the feveral diftri6k court- houfes in this flate, to tvit, Hillfborough, Halifax, Salifbury,
Newbern, Wilmington, Edenton, and Morgan, by the perfons for that purpofe appointed ; and the fales
of all other confifcated property in the feveral counties where the fame may be, by the commiffioners or
commiffioner of confifcated property for fuch counties refpectively, or in cafe of the negledt or refufal of
fuch commiffioners, then by the fherifF or coroner of the county where fuch refufal or negle£l fhail hap-
pen J and the commiffioners fhall divide the negroes as nearly as may be, into four equal lots, of which
three lots fhall be fold for fpecic, payable in certificates for currency, or currency at the rate herein be-
fore mentioned, or fpecie certificates at their nominal value, the remaining lot to be fold for hard money,
one half to be paid in hand, the other half to be paid at fix months, for which judgment bonds fhall be
given, payable to the governor, or his fuccefTor, with good and fufficient fecurity ; and the commiffion-
ers aforefaid are hereby required and direfted to give public notice thereof, in the Virginia ^d North-
Carolina gazettes (if fuch fhall be publifhed) at leaft fixty days previous to fuch fale, and alfo at the moft
public places in the diflricls refpedtively.
XI. And be it further enaBed by the authority aforefaid. That the commiffioners of confifcated property
herein before menLioned, fhall caufe all fuch confifcated property to be fold on or before the firft day of
January next ; and the commiffioners are hereby directed and required to order and diredl the fales of
fuch in their refpe£live diftrids in fuch manner that the fales in no two or more of the difl:rids fhall be
on the fame week, or in fuch manner as to prevent any perfon or perfons being defirous of attending the
fales of a reafonable time to go from one fale to another, and that the commiffioners fo appointed fhall fet-
tle with the diftriit commiffioner for all fums that may arife from fuch fales.
XII. And be it enaSied by the authority aforefaid. That the county commiffioners fhall open the fale of al)
the confifcated property in their di(lri(ft herein mentioned on one day, and continue the fame open until
the whole of the property fo colle£ted is fold in the faid diftri£t.
Sales in Wash- XIII. Provided neverthekfs, That the commilfioner for the counties of Wafhington and SuMivan may,
•"gtonandSul- g^d fliall fell the confifcated property in thofe counties at the court-houfe in Wafhington, which fales the
'*"■ commiffioner for the diftria of Morgan is hereby require .» to attend, any thing in this aii to the contrary
'h
Sales where
held.
AndJiowseld.
Time of sales.
To be on one 1
day.
jMJtwithftanding. And the rem^ainlng part of the property as herein before mentioned in the diftrifl 17 82. 311
of Morgau to be fold at Burke court-houfe, under the fame rules and reftriclions as herein before men- u*nr«0
tioned.
XIV. And whereas it has been reprefented to the general affembly that fundry licentious perfons, du- Prcpeny uktn
ring the late difluibance in this ftate, have taken by force or otherwife, various kinds of property from f a^d'*^^ d h*''
the difafFected inhabitants, and have applied the fame to their ovi^n ufe ; Be it iherefsrt enaEied by the autho- disposed of.
r'tty ajorefaidy That the commifT'oners of confifcated property fhall be, and they are hereby authorifed and
direded to demand and receive fuch property fo taken as aforefaid, from any perfon being poflefled of the
fame virithin their counties refpeftively ; and any perfon being poflefled of property, and refufing to de-
liver the fame to any county commiffioner, or his order, (hall forfeit and pay a fum in fpecie equal to
three times ths eftimated value of fuch property fo detained, to be recovered by action on the cafe, in
the name of the governor for the time being, for the ufe of the ftate ; and the commifTioners (hall fell the
property lo demanded and received in the fame manner as other perifhable confifcated property.
XV. And he it enaSied by the authority aforefaid, That the commiflTioners of confifcated property, and Persons having
tXH jviftices of the peace, are hereby guthorifed and dire£ted to caufe all perfons within their county whom PJ'^P"')' to be
they fufpefl:, or believe to have been pofTeflTed of property taken as herein aforefaid, to appear before
fome juftice of the peace, and declare upon oath, what property fo taken as afore{aid he now is, or has
been poflefled of ; and if it fhall appear that any perfon fummoned to appear as aforefaid, hath been pof-
ifefled of fuch property, he (hall pay the eftimated value thereof to the commifTioners for the ufe of the
ftate, under the penalty herein aforefaid.
XVI. Provided, nevertheltfs. That this aft fliall not extend to any fpecies of property taken from the en- ^°' ^° extend
emy in aftion, or within their lines, when the fame may be proved by two or more witnefles to the fatif- i£°n'tvon"[/**
;fa£tion of the commilfioner or commiffioners. Provided alss, That the feveral commiflioners (hall have enemy.
full power to ftop any fale, or the lale of any article, when it is evidently below its value.
XVII. And be it further enaSied by the authority aforesaid, That the fuperintendant commiflioners of con- Commissioners
fifcated property within this ftate, pay over the money by him or them received from the fales of proper- ^° pay the uea-
ty as aforefaid, into the hands of the diftrift treafurers, within twenty days from the date of fuch fales *"'^""
as may be made in confequence of this a£t, under the penalty of double the fum or fums by him or them
fo received, to be recovered by aftion on the cafe, in the name of the governor for the time being, for
tht ufe of the ftate.
XVIII. Provided ncnierthel ss. That nothing herein contained fhall be conftrued to invalidate or afFe£l Nottoaffea
any legal fales made, and the confideration money bona fide paid to any of the perfons enumerated in this '®sal sales.
|adi, purfuant to an a£l of the general afl'embly, entitled " An aft to amend an aft for declaring what crimes
iand praftices againft this ftate fhall be treafon, and what fliall be mifprifion of treafon, and providing pun-
Iifhments adequate to the crimes of both claflTes, and for preventing the damages which may arife from per-
fons difafl^efted to the ftate."
XIX. Repealed, 1783, 19.
XX. Be it enaSied by the authority aforesaid, That every perfon who has been a refideni In this ftate, and Persons estates
[jihave heretofore attached themfelves in any manner whatfoever to the enemies of this, or the Uniced *°'^"^"*<**
iStates, it is hereby fully and entirely exprelfsd, that all the property of fuch perfon or perfons, fhall be
|confidered as having been forfeited to and for the ufe of this ftate, from the time that fuch perfon fo
joined the enemy as aforefaid ; and that all bargains and fales, wills and devifes, made fo as to interfere
with this aft, is, and are hereby declared to be null and void, to all intents and purpofes.
I XXI. Provided nevertheless. That it fliall be lawful for the feveral county courts in this ftate, and they Provision for
Jare hereby ftriftly required, previous to any fales which may be made in virtue of this aft, to fet apart T'^^^ andchil-
ilfo much of the perfonal property, including all the houfhold goods of every eft^te liable to be fold as afore-
faid, as will be fufficient for the reafonable fupport of the wives, widows and children, of atiy perfon
whofe eftate is, or may be confifcated, and one third of the lands, or fo much thereof as will be fufli-
icient fqr their fupport, to be laid ofFby the county furveyor, in the fame manner as lands in dower are
j direfted by the common law, or may, at their difcretion, afllgn the whole of the land, and manor plan-
I tation, where the fame may be of fmall value and not more than fufiicient for the purpofes aforefaid ;
and the refpeftive county courts are hereby required to make due return of all fuch lands and other pro-
perty to the next general aflembly for their further determination. Provided, That no foch refervation
iiA property fhaii be made, unlefs for wives, wi4qAV» and children now fubiiiting in this ftate.
CHAP. 7.
1781. 10.
1,1784, 1.
a. 1784. 2.
17S6, 15.
taxable.
Fol. 2, 6,
Proviso.
Persons
exempt.
312 ll^Q. An aSl fsr afcertainifig •whatprcpcriyinihujatcfjalihe ietmd ittxahle property, ihe method cj aJf^JJlng the\
fatnty and collecting public taxes. " '\
IThe ivhole of this aEt, except the III, VIII, XVII and part of the V and 'SXfeSIions repealed hy fubsequenti
aSts.-\ • i
III. And whereas doubts havearifen whether lands which havelieen entered in the lamUofEces, andf
for which grants have not been yet obtained, fliould be deemed taxable property ; Be it enaSied by the au-A
Entries of lands tkority aforejaidy That when any perfon has heretofore made, or Ihall hereafter make, entries of land in j
the land-ofEces of this ftate, agreeable to the a£l in fuch cafe'made, and when no caVtats have been en-lj
tered againft fuch entries, that then and in that cafe, fuch lands {hall be given in as taxable property, and^l
aflefled accordingly. Provided always, That this claufe (hall not afFe£l: any lands fubjeiSl to the operationj
of the confifcation law, all entries of which are hereby declared null and void. , *
V Provided alfo, That flaves difabled by bodily infirmities, or void of reafon, fuch'inca-|
pacity to be judged and certified by the county court, (hall not be deemed taxable property, nor given inC
as fuch by the refpe£live proprietors
VIII. And be it enacted by the authority afore/zid, That the feveral county courts are hereby authorifedil
to exempt all fuch aged or infirm perfons within their counties, as they may think proper objefts, from|
the payment of a poll-tax. '^
XI. . . . And if any county treafurer (hall be found fn arrear for public taxes, the treafurer (hall, and he irl
hereby required to move for judgment on the bond of fuch county treafurer, in any court having cognizance]
thereof ; and fuch court upon due proof before them made, that ten days previous notice had been given^
to fuch tax-gatherer, or county treafurer, or their fecurities, (hall caufe the tax-gatherer or county trealurer,
or the fecurities, to be called, and if the tax-gatherer or county treafurer, or the fecurities, (hall appear andj
conteft the fame, the'court fhall order an iflue to be fpeedily made up and tried by a jury, and (hall give
judgment and award execution accordingly ; but if fuch tax-gatherer or county treafurer, or the fecuritio
{hall fail to appear, the court fhall caufe a jury to be fworn, to enquire what arrears are due, and fhall giv
judgment and award execution accordingly u n. /■
XVII. /ind be it enaBed, That every perfon holding lands by title of dower, eourtefy, or other eftate foi
life, or on leafe for five years or more, lliall pay all fuck taxes as ihaU be afleffed on the fame, in like maih
ner as owners of othe)r lands are required to pay by this adt,
An qSf for levying afpecific provifwn tax, for defraying contingencies, and fupporting the armies of the Unife^
States,for the ^eartitte thousand f even htfndred (fndeighty-tivo, !
An nS to amend Gn aSi paffed tjie Iqft sejfton of the General AJfembly, entitled « An ad for levying a fpecific and
pecuniary tax,"
Lands taxable.
CHAP. 8.
Temporary.
CHAP. 9.
Temporary.
CHAP. !0.
Tempoiaiy.
CHAP. 11.
Courts of Equi
ly established ,
An aBfor raijiug a revenue for the support of government.
An aEi for giving an equity jurisdiSiion to the superior courts.
WHEREAS the courts of law as at prefent eftablifbed, are not equal to the redrefs of all kinds of
injuries, but many innocent m,en are with-held of their juft rights, and fome deprived of theni|
altogether, for want of a court or courts of equity, 4' |
II. Be it therefore enaBed by the General Apmbly of theflate of North-Carolina, and it is hereby enacted ijfj \
the authority of the tame. That from and after the expiration of "the prefent fefiion of the General Aflem^f j
bly, each fuperior court of law in this ftate (hall alfo be and a£t as a court of equity for the fame diftri£lfl/
and polTefs all the powers and authorities within the fame, that the court of chancery which was formerly^
held in this ftate under the late government ufed and exercifed, and that are properly and rightfully inci-'
dent to fuch a court, agreeable to the laws in force in this ftate, and not inconfiftent with our prefent ■
conftitution. Provided, That no final decree (hall be palTed by any fuch court but where two of the |
judges at leaft are present.
III. And be it further enaBed by the authority aforcfaid. That the rules and methods of proceeding in the \
faid court (hall be as fololws, /Aa/ «V /<? j-<a;>.
The plaintiff may file his bill in the clerk's office, either during term time, or in the vacation, and
thereinfuggeft on oath fuch damages as he thinks he^has incurred by the conduct complained of in the de^
ebdant, (which damages are to be ftated In fpecie) and tliereiipon the clerk fliall iffbe a writ of subpoena 1782. SIS
s is ufual in cases of chancery,. or in cafe either of the judges fhall give fpecial order to hold the defend- u^»v**i>
jnLto bail, the clerk (hall iflue a writ direfted to the fheriff of the county wherein the defendant is fup- Voi-^ 2, 26, 181,
(Off ed to be refident, as follows : |^^-
The jiate of l^iorth-Cdrolina to the Jheriff of county, greeting : '
l^T'OU are hereby commanded to take rl;e body of late of your county, (if to be found in Form of the
jL y^V^ county) and Jiim fafely keep, fo that you have h'^ i before the judges of the fuperior court of '''"^'
\w and equity for the diftricl of at the town of on the day of
ext, or until he fhall give, you good and fufficient fecurity in the fum of pounds fpecie, (which futn
i hereby dire£led to be double the damages fuggefted on oath in the bill) to appear and anfwer at the
«d court on the day jifprefaid, to a bill in equity filed againft him by and this you fhall ia no
irife omit at your peril, ^itnefs clerk of the f^id court, at the day of
n^ in the year,of the flate.
?jrhich writ the fheriffis hereby diredled and required to obey j and the fame rules and regulations fhall H''wfobesei-v-
fC obferved in regard to bonds taken by virtue of this aft, and that they be on the fame footing in all ref- * ' '
efts as bail bonds taken by the flierifF on aftions at law, except that they fliall be affignable by the flieriflF,
r his executors or adminiftrators, under the direftion of the court, and the flierifFis to be held li b e for
^Icing infufiicient fecurity as in fuch cafes in aftions at Jaw. Providedy That no fuch writ fhall iffiie againft Process agamst
h executor, adminiftrator or heir at law, who is fued as fuch, but the procefs againft fuch executor, ad- executors, &c.
niniftrator or heir at law, fhall be by a writ of fubpcena, as ufual in cafes of chancery, and the penalty for !)^;^^, ^ ^ ' ""
lot appearing and anfwering fhall be ojne hundred pounds fpecie, but the faid penalty is not to be levied,
pr final judgment given for it, until the term enfuing that to which it is returnable, nor without a fcire
acias having been duly ferved, and proof thereof made to the fatisfaftion of the court, as in cafes at law ^afc of dliSe*
vhere fcire faciaiTes ^xp required. And where any other perfon is made a defendant together with fuch rem deFen-
xecutor, adminiftrator or heir at law, as aforefaid, a capias may iflue as above againft fuch other perfon, dams,
iiid a writ of fubpcsna againft fuch executor, adminiftrator or heir at law.
No writ fliall be ferved by the fheriff unlefs he has a copy of the bill ready to deliver to the defendant, Manner ofsen^
^nd he is hereby required to deliver the faid copy immediately after the fervice of the faid writ ; nor (hall ^'"'
my fervice be valid vnlefs it be made at leaft ten days before the term at which the defendant is required
to appear ; and where the fervice ;s by fubpcena the defendant fliall be ferved with a copy of the bill at
b ift ten days before fuch term, on failure of any of which requifitip9, the defendant .may plead the matter
in ibatement, and the bill fliall be difmifled.
Upon fuch writ or fubpoena being duly ferved, and a copy of the bill delivered in proper tipie, (proof be- ^^^^,^*"^
h'j made to the fatisfaftion of the court by return of the (herifFor by affidavit) the defendant (hall appear 'akenpr^oi^
and.put in his anfwer or plea, agreeable to the praftice in chancery, or deniur; or on failure thereof the fesso, 8ic,
piaintifi-'s bill fhall be taken pro confeflb, and appointed to be heard ex parte at the enfuing terfti. Provi-
ded, That if within the three firft days of the faid enfuing term the defendant fliall offer any fatisfaftory
reafon to the cpurt fpr his not appearing at the firft term, the order for the bill being taken pro confeflb,
and heard ex parte, may be difdiarged, and the defendant then admitted to plead, anfv/er or demur, and
fuch tiine fliall be allowed in this as well as in all other cafes for the pleadings en both fides, and fuch day
appointed for the he;iriag as the court fliall direft.
Comm.iilions to take teftimony may iflue, direfted to any two juftices of the peace, who fhall have all Commissions
the jSowers of commiffioners of chancery, and the rules of proceeding in all cafes of taking fuch teftimony |°^*^y^^|^®^^*{g
fhall be conformable to the method of proceeding formerly obferved in the court of chancerv in this ftate. ^^^^^^
Provided, That no fuch teftimony fhall be taken until at leaft twenty days notice of the time and place of Notice neces-
taking the fame be given to the oppofite party, unlefs the court for fufiicieht reafons fliould appoint any o- sarj,
thef limited time for the notice^ which they may do in all cafes, either by enlarging or (hortening the time
hereby appointed for taking^ fuch teftimony, as the cafe may require.
' Commiflipns may alfo ifliie'to any juftice or juftices of the peace to take the plea, anfwer, or demur-
rer of a defendant, as is accuftomed in cafes in chancery with refpeft to commiflaoneis of chancery, and the
faid juftice or juftices fliall have all the power of fuch commiflioners for that purpofe.
• Any one jud^re of the court may in the vacation, if it fhall be neceflary, grant fuch commiffions.as are a- Power of ons
bove mentioned, or may himfelf examine teftimony, or take the plea, anfwer or demurrer of a defendant J."^^^^?^*'^"''*®^*^
in like manner ; he may alfo grant injunftions, or ne exeats, where the necelfity of the cafe will not admit •
Vol. I. 4 L
of .2 delay, but i'lUl fubjcft to the controu! and further order of the court v and no ne exeat fhall iftue wher* i
fufficient bail haa been taken for the party's appearance. ^ ^ t • i
All matters of fact that fhaO come in iffue between the parties fhall be deterrtnned by a jury in the pre* .
fence of the court, as in trials at law, and the trial (hall be by the jury attending the fuperior court, or it '
they fhall be difcharged, itrriay be by a jury furamoned inftanter, (who are ta be qualified as other jury-
men) or a fpecial jury may be fummoned for that purpofe with (fiie confent of the parties, and approbatiori
of the court, and the mode of proceeding by fus.!. juries ihsU be the fame in every refpetl as in trials at law;
the fame rules and methods to be obferved in this cafe as have been praiVifed upon queflions of fa£k being
fubmitted by a court of chancery to the decifion of a common law juTifdi£lion.
Coils (hall be paid by either party at the difcretron of the court. _ J
The court may at any time during the dependence of the fuit, reqnire ftirthef fecttfity from a defendantfl
or on failure thereof, make ufe of fuchperfonal procefs as was formerly ufed by the court of chancery heWi
in this ftate, and deemed incident to the chancery jurifdidion -, and the court ihall in all cafes have po\w-,
er to order fuch procefs to enforce their fentences or decrees', as have nfaally belonged to courts of chan^^
eery- , ■ \
IV. Repeakd, 1787, 22. ■
V. Andte it furtBer enaBed by the authority afarefcM, That the refpefitive (heriffs fhall bii entitled to re*;
ceive the fame fees for any fervices under this aft, as fojr the like fervices in proceedings at la«r, and b^
entitled to the fame remedy for the recovery of them. j
An aB to ejlaUilh a department for aijujling and liquidating the public accounts tftUsJiatey and for appointing
a comptroller, and other purposes. 4,
WHEREAS it is indifpenfably neceflary that the public accounts of this ftate fhould be immediately-
fettled, and thofe of the' feveral departments collected into one office, fo that the legiflature.
may have a clear and diftini^: view of the accounts, and of the ftate of each department from time to>?
time : ..i
II. Be it therefore tnaBei by the General AJfemUy of the Hate cf North-Carolina, and it is hereby tnaEled by thi
authority of the fame. That there fhall be ten boards of auditors, to confift of three members at each board \
t«ro of which boards fhall be for the diftridt of Morgan, and three for the dittridl of Salifbury ; any one :■
of the members of which boards is hereby authorifed and empowered to admlniiler an oath or affirmation j^
where the fame may be neceflary -, and the faid boards fhall perform fuch duties, receive fuch emolu- t
ments, and be Cub]e£t to fuch penalties and forfeitures, as may be pointed out by law. I
III. And be itenaBedby the authority aforepid. That a comptroller fhall be appointed by tbe general af* 1
fembly, who fliall keep his oflice as near a conveniently may be to the centre of the ftate. and whofe du- '
ty it fkill b^to direct the mode of ftating, to check and controul all public accounts in every department -^ \
that he fhall enter up in hooks for that purpofe a clear and diftinfi view of the accounts of each depart«-i
nrent, ready for the infpeftion of the general afTembly ; and who fhall. at any time when required by his*
excellency the governor and council of ftate, make out a brief ftate of die public accounts for their infor- %
mat ion. ^
IV. And be it further enaSled by the authority aforesaid, That the feveral boards of auditors fhall make.
accurate returns half yearly to tlie comptroller's ofEce, of all the accounts, with the vouchers, which ■■
they may have refpeftively liquidated ; that the feveral diftricl treafurers, the county commtHioners of '
fpecific taxes, the commifTiorters of confifcated eftates, the clerks of courts who have pafTed the accounts i
ef commiffioners of confifcation, and all perfons who have a£ted as quarter-mafters, commiflaries and all |
others in the ftafF department, the late commiffioners of trade or public agents, and all whofe ac- \
counts are independent of any of the departments aforefaid, are hereby required refpedtively to render a j
true and perfeft ftate of their feveral accounts and vouchers forthwith into the comptioUer's office, ,,
and then half yearly afterwards, in cafe any fuch officers may be continued. ij
V. Provided neverthetefs. That all fuch perfons as have heretofore accounted with the public, fhall not J
Proviso for »c. be called upon for their rgfpedive accounts and vouchers, but that fuch accounts and vouchers fhall be ,|
counts settled, farniflied from the diffiirent officers or perfons in whofe poiTelfion they are. *<\
Accmmts Ac. ^^ ^^ ^ '' enaffed by the authority afre/aid. That the ftate board of auditors, or their clerk, fhall . ]
iki;vercdi)Wtttt deliver into the comptroUer'a oifice all public books, accounts and vouchers, which are or have been in ';
Sli ITS'i.
Matters of f»A
comins in issue,
huw to be tried,
Costs how to
b:£i •■■£".
Court's power
as tn ordering
seCMrity.
And process.iw
general,
sheriff's fees.
CHAP. 12.
176o, 17,
Boards of Au-
ditors.
Comptroller.
Accowit to be
settled.
t'i3irpoffs(5onv and tke fietr'eral de^k&-of the <Mrlct boards of auditors fliall refpe£lively deliver to the 1782. 315
dirtridt au;\i.torj who may be appointed by "virtue ot this a£k, all their books, vouchers and papers, which v-«or%J
refpe<9: the public accounts, and the fame (hall be done by the county commi (Boners, and the commif- C mpuolTer's
fioners of connfcated eftates^ to their refpe£iive fuccefTors, and the fame (hall be done by every perfon °""^^'
tvho may be removed frona office or employment, or fufpended, to their fuccefTors, or to fuch other
perfon as the comptrcSler snay direct to receive the fame.
VII. Afid be it enabled iy the authority aforeJaU, That the clerks of the diftri£l boards of auditors ref- Clei-ksallowed,
peftively by this a£l! required to make returns of the proceedings of fuch board to the comptrolier's office
fliall be allowed all reafonable expences attending fuch duty.
'■ Vin. Attd k it enaBed bf thi authority afore/aid. That any perfon or perfons named or defcribed in this Pen.for negleiS
a^kj refufing or failing to perform their refpedlive duties required by this a£t, (hall for every offence for- of duty.
left »ad pay fifty pounds fpecie, to be recovered by aiElion of debt, in the name of the governor for the
time being, for the ufe of the ftate.
IXr And be H further emSed by thi authority aforefaidy That the comptroller, and each auditor, before Comptroller's
enteritig on the duties- of their feveral appointments, ih|U before fome juftice of the peace, take the fol- ^^fjj^"'^"'*'^
lowirtg oath :
1A. B. do fwear, that I will well and truly execute the truft repofed in me as comptroller, or auditor
(as the cafe may be) without favour or partiality, according to law, to the beft of my knowledge
andunderftanding. . - SO HELP ME GOD.
X. And be it enaBed by the authority afarefaidi That in cafe of the refignation or death of the comptroller ComptroHo*
the fupreme executive are hereby aiithorifed and empowered to nominate a perfoii to exercife the powers, ^■'^P' "p-
and perform the duties of ctfmptrollei', during the recefs of the general aflembly.
XI. Attd be it further ertaBed by the authority afore/aid. That the cbrnptroller fhall be allowed eight jiissalarj'.
Jiiundrcd pounds fpecie per annum for bis fervices, exclufive of all neceflary expences for books and pa-
per, and that he ftiall employ one, two, or three clerks, the fiift of which (hall be allowed a falary of Alieiedl7ff§,8j
two hundred and fifty pounds fpecie, inclufiv'e of his expences, arid for the others he fliall be allowed
the neceflary wages ; and that th^ comptrollpr fhall apply to the governor, who is hereby authorifed to
grant warrants quarterly on the treafuiy for his expences ; and that each member of any of the feveral
boards of auditors (hall be allowed three dollars fpecie per day for each day's attendance at the board,
and. the clerks of the refpe£live boards the fame.
XII. And be it enaBed^ That the diftrift commiffionet fhall fell the houfe and l6t in Newbern, which Property to be
belonged to the late Samuel Cornell, in and on which he lived, being that in which Mefl*. Singleton and ^'^"*-
Jones now live, \frith the wharf, and every thing to the faid lot and wharf appertaining, for hard money
one third to be paid in hand, the remaining two-thirds in four and eight months, with good fecurity,
aher the fame has been advertifed one month ; the county commiffioners of coiififcated eftates fhall alfo
iell all the flaves lately belonging to Thomas Oldham, late of Chowan county, for hard money, on the
feme terms that the lot and its improvements are to be fold j two thoufand five hundred pounds of the
money arifing from thofe.fales to be paid into the hands of the governor for the time being, to be ap-
propriated to the fole puipofe of defraying the expence of the delegates in congrefs ; any thiiig in this
ad, or any other a£l of the general aiflembly, to the contrary notwithflanding.
Xill. And be it further enaBed by the authority ajorefaid, That the comptfgller of this flate, in liquidating Accoowts set-
^qd fettling any accounts with any perfon or or perfons who may have been entrufted with public mo- tied i>> deiire-
nies, or may have been receivers of public monies, to fettle and account for any fuma by them received <="'*°*-i
asid accounted forj agreeable to the fcale of depreciation as by law eilablifhed.
An aSi fot afeertaining theftthr}es if the pverndti fecretaryi and dthtr officers tfthejiate. chap. IS.
Provided to» by substqjvntatJls
An aB to reguhie and afeertainjhe fees to the fecretary of Rate^ the governor's private fecretaryt the fisrwyorsy chap. H.
and ether oncers.
WHEREAS it is necefTary that adequate fees be allowed to the fecretary of ftate, the governot'^s pri-
vate fecretary, and the county furveyors, for fervices by them refpedively to be performed :
II. Be it therefore enacted by the General Affembly of the Rate of North-Carolina^ and it is hereby enacted by the Officers feea.
Sttthvrity of the famey That for the future the faid officers fhall take and receive the following fees, to ivity
Ttie fecretary of ftate, for receiving the fuxveyox's return, filing the plan, making out and recording tiic
916 1'782. grant, with the Indorfement thsreoF, and the certificate thereon, to be paid by the grantee at or before ■
<.»'^r"*<J the delivery of the faid grant out of the office, four {hillings ; for docketing a caveat, filing order of fuf- i
penfion of grants, iiTuing and certifying fuch fufpenfion to the court, and entering and filing the judgment '
Vol. 2, 112. of coi^rt thereon, four {hillings ; for copying and certifying a will, four (hillings ; for copying and certi- 1
fying the record of a grant or patent, four fhillings j for every commiinpn for a place of profit, eight '
fiiillings ; for every fearch, eight pence ^ for every certificate, one (hilling j for recording inventories, !
orders for letters teftamentary or of adminiftration, to be received a«d a,ccounted for by tlie clerk of the 1
county court, two (hillings and eight pence. To the governor's private fecretary, for the certificate of :!
fufpenlion of a grant, two (hillings and eight pence ; for every teftimonial, five (hillings; for every com- {
miffion for a place of prolit, eight (liillings ; for a pilot branch, eight (hillings,; for the great feal, two ]
Vol. 2 142. fhillings and eiglit pence; for fealing each grant for land, including wax, paper and tape, ufed iri ma- '
king the fame, to be paid by the grantee on or before the delivery of the grant out of the fecretary's officce, ' ;
tyvo (hillings and eight pence. Surveyors* fees altered 11 Q^, 2. .!
^^F^'="g III. And be it further enaSied by the authority aforefaid. That fo mych of the tenth claufe of aji a£t of aC- j
'' """' fembly paffed at Wake court-houfe in June, one t^ufand feven hundred and eighty-one, entitled, ♦* An j
apt to regulate and afcertain the feveral officers fees therein mentioned, as directs that the fees therein ^
rated in fpecie, (hall be received in currency at the proportion of two hundred for one, is hereby repealed J
and made void ; and that the above fees (hall and may in future^ be difcharged in fpecie or eight hun^ }.
dred currency for one fpecie. )
clause,
tj^AV. 15. An aSf for the fecurity of the bank of North- America.
WHEREAS congrefs on the twenty-fixth day of May laft did, from conviftion of the fupport w*iich
the finances of the United States would receive from the eftabli(hment of a national bank, ap-
prove a plan for fuch an xnditution ; and whereas a fubfcription thereto was fiUed, and a prefident and ..
dire£lors chofen, from the expectation of a charter of incorporation ; and as the exigencies of the United \
States render it indifpenfably jiecelTary that fuch an aft of incorporation (Iiould be paffed, and the congrefs ;
of the United States have been pleafed, by an ordinance dated the thirty-firil of December, one thoufand
feven hundred and eighty-one, to incorporate as well thofe who then were, as thofe who thereafter might
become, fubfcribers to the faid bank, by the name and ftyle of the prefident, diredors and company of
the bank of North- America ; and as it is the intereft of the United States that the faith of the f^d bank '\
(hould be preferved ;
Rank c rpora- II. Be it enqSied by the General AJfembly of thejiate of Norih'Carolina^ and it is hereby enaSied by the author "'
tion sanftioned^ y^fy (f ihe fame^ That the faid ordinance of incorporation (hall be held and deemed valid and effedual to
all intents and purpofes, as if the fame had been paffed by en aft of the general affembly of this ftate.
Counterfeiting, HI. And he it further enacted by the authority aftref aid ., That if any perfon (liall erale, alter, or counter-
&c.bank-nGtes, fgit any note or notes of the aforefaid bank of North- America, he (hall be deemed guilty of felony with-
felony without qu(. ^j^g benefit of clergy ; and if any prefident, infpeftor, direftor, officer or fcrvant, of the faid bank^ ■
" ' iliall convert any of the property, money or credit of the faid bank, to his own ufe, or in any other way 1
be guilty of fraud or embezzlement aj an pfficer or ffrvant of the bank, he (hall he deemed guilty of fe-
lony without benefit of clergy. j.4-i.' ■: .-■ ■■ • -■ . . . ••• •' ■ ■
CHAP. 16. ^!* ^^ io confirm certain patents therein fpecifiedy iffued in Virginiay for lands, which en the txtention of the .'. \
Ante p. 267. boundary line between this flatc and that, are found to lie within the Jlaie of Ncrth'Carolina, i \
and afta there "W"«rTl-IEKEAS it is reprefented to this general affembly that certain lands granted and patented in the '> i
re erre<- o. \f\ (^ate of Virgir^a, under afuppofition of, their being within the bounds thereof, have on the late _;^ I
extention of the boundary line between this ftate and that, been found to .lie within the bounds of this .]
ftate-; and although it is confonant to julUce, to cuftom, and .to the obligations of federal union, that ti- ^, *
ties to fuch lands fliould be eftabliflied in this fl;atej yet it is advifable, jh order to prevent ,monepolie»i Jj
and obviate ftale or latent grants, to ptrticularife the lands which (land in the faid predicament. *
PAt3.'ts estab- II. Be it enaEied by the General Affembly of the ftate of North-Carolina, and it is hereby enaBtd by the autho*
lishttd. y-fy of the fame, That the patents or grants herein after enumerated, which were fo iffued in Virginia for
lands now found to lie within this (late, (Ivall be good and valid in this ftate, in like manner as if they had
Jh.een paffed or iffued therein, either previous or fubfequent to the declaration of independence. Provided^
That the faid patents or grants were, or would haVe been good and ,valid in Virginia, according to the
laws thereof, previous to the extention of the fi' J boundary Hne. Provided aifc. That nothing herein \1^1. SIT
contained fhall be conftrued fo as to defeat any previous or elder grant or deed, which may have been if- !,**-v-Ni>
fued in the ftate of North-Carolina,, for the fame lands, or any part thereof. The faid patents or grants
as above ratified, eftabliflied and confirmed, are and (hall be as follows, to iQit. A patent iflued to Ed-
mund Pendleton, bearing date the fixteenth day of Auguft, one thoufand feven hundred and fifcy-fix, con-
taining three thoufand acres, and lying on a branch of the middle fork of Indian river, called Wefl: creek,
according to the courfes thereof; a patent iflued to John Shelton, bearing date the fame day and year,
containing nine hundred and forty acres, and lying on the middle fork of the Indian river, according to
the courfes thereof: a patent iflued to John-Buchanan, bearing date the twentieth day of June, one thou-
fand feven hundred and fifty-three, for one thoufand" two hundred and fifty acres, and lying on the Indi-
an liver, accbrding to the courfes thereof s and one other grant or patent ifllied to William Campbell and
William Prefton, executors of John Buchanan, who was aflignee of James Patton, deceafed, bearing
date the twenty-third day of December, one thoufand ffeven hundred and feventy-nine, containing one
thoufand nine hundred and forty-fix acres, and lying on Wopd's river, or Shelton creek, a branch of the
middle fork of Indian river, at a place palled the Sappling Grove, according to the courfes thereof. .
III. And he H further enacted by the authority ajorefaid^ That the confirmation of the faid patents, as a- And confirmed
bove enumerated,' {hall accrue and enure to the confirmation of the titles of any perfon claiming under ^\ ""'^'^'^ P""^'
either of the faid patentees as purchafers, as much as if they b^d been the original patentees, and had been
named in this adl.
rV. And be it further enaBed by the authority aforefaidy That any perfon claiming a tra£l of land in vir- How put in
tue of this ad, may apply to a magifl:rate, who fiiall ifllie his warrant to the ftierifi^ to fummon a jury possession,
of good and honeft men, who are not interefted in any of the lands herein mentioned, to meet on the
premifes in queftion ; ^ which jury being met, fhall be fworn by the faid magiftrate to enquire what
perfon Or perfons poflefs the beft title to the faid lands under this aO, and having returned their vexAiQt
to fuch magiftrate, he fhall thereupon by his warrant require the fheriff (who (hall attend for the purpofe)
to put the perfon who. fhall be fo found to poflefs the beft title under this a£t, his agent or attorney, into
ad^ual poflefTionof the faidpremifes. Provided, Thzt fuch verdi£t fhall only afi^edl the bare pofleffion
of the faid premifes, and fhall not be a bar to a fuit or fuits which any perfon or perfons may think pro-
per to commence for the recovery of the faid lands, but fuch fuit fhall be tried and determined in like
manner as if no jury had been impannelled thereon. Provided neverthekfs^ That no jury fhall be fum-
moned to meet on the premifes before the firfl day of December next.
An a^ for oppoiiiting a place for the future meetings of the general ajjemhly. rep. chap. 1 7.
1783. 23.
An a& to amend cm aB, entitledy ** An aft to amend an zSt, pafled at Newbern in May, one thou^ind fe- chap. 18.
ven hundred and eighty,, entitled, an a£k to enlarge the jurifdiftion of juftices of the peace, and for Provided for'by
other pUrpofeB. " \ subsequent aas.
An a8i to amend an aB^ pttjjed at Newbern the fecond day of May, one thoufand feven hundred and feventy- eight, chap 1 9
entitled^i " An aft to empower the countv courts of pleas and quarter fefTions in this ftate to order the Rep. as to
laying off public roads, and eftablifh and fettle ferries, and other purpofes therein mentioned," roads 2, 1784,
14. The rest of
An aB to prolong the time offaving lots in thefeveral tovunt in thisflate. CH ap. 20.**
Rep, 1785, 33,
An aBfor dividing the diffi iB of Salifbury. chap. 22.
WHEREAS the great extent of the counties weft of Salifbury makes it extremdy inconvenient for 2, 1788, 32, '
the parties, witnefl"es and jurymen, to repair to, and attend the fuperior court of law at that
place, and the faid court, in the courfe of a term as the fame is now limited by law, cannot decide the
great number of caufes, civil and criminal, that arife in the extenfive diftricl of Salifbury ; wherefore
for the more fpeedy trial of caufes, civil and criminal, and to obtain a more full and complete adminif-
tration of juftice in the feveral counties which compofe the faid diftri£l: :
II. Be it enaBed l>y the General AJfembly ofthefiate of North-Carolina and it is hereby enaBedly the auiho- DJstrifl divide
rity of the famey That the faid diftricl of Salifbury be divided in the manner followilig: the counties pf ****
Vol. I. ' 4 M
1789, 45.
Judges power.
Sup. coaurt for
318 1782. Rowan, AnTon, Mecklenberg, Guliford, Surry, Momgomery and Richmond; fhall be and remain tKfe
t^.-'-v-**.' diftria of S^lifbury ; and the counties of Burke, Wilkes, Rutherford, Wafhington, Sullivan and Lin-
coln, immediately after the paffing this aiSl, (hall be and are hereby declared to be a difl:in£l: and feparate
diftritl by the name of Morgan, wherein the judges of tlie feveral fuperior courts of law for the ftate
{hall, twice every year, fit and hold a fuperior court of law, one feflion thereof beginning on the firft day
of March, and the other on the firft day of September annually ; and the faid feffions refpeftively, fliaU
each be continued by adjournment for ten days, exclufive of Sundays, if tlie biifinefs depending in fuch
court fiiall not be fooner finidied.
III. And be it ;ut ther enacted by the authority aforefaid, That the judges of the feveral fupprior courts of
Jaw in this ftate fliall poflefs and exercife aS full and ?rople power and authority, in all caufes, matters
antl bufinefs whatfoever, in the faid diftrift of Morgan, as they now do lawfully poflefs,- or may exercife
in any other diftridi of this ftate ; and that thejudges, attorney-general, or in his abfence fuch perfdn
as the court ftiaJl appoint to tranfadl the bufinels in his department, ftiall have the fame allowance for
attendance and fervices in the faid diftrift of Morgan, as they refpediively ar,e or may be entitled to re-
ceive for the fame fervices in any other diftri£t.
IV. Repealed, 1789, 4.5. Vol. 2, 21, 33, US.
V. VI i3f VII. Providing for courts in Wajhingtoriy have becgfne obfolete hy tht cefflon ef the territory.
VIII. And hi it further enacted by the authority afore/aid. That the fuperior court of law for the diftrifl
Morgan where of Morgan ftiall be held at the court-houfe in Burke county, until feme other place ihall be appointed by
■&& of aflembly.
IX. and X. Repealed^ 1790,3. Vol. 2,33,68.
CHAP. 28. An aSf to alleviate in fame degree the di/lrejjed inhabitants of the feveral counties in thediflriSf of Wilmington,
Temporary.
CHAP. 29. ^n aSi to amend an aB entitled «* Ah aft to prevent burning the woods."
A flte p. 246. XTJ T HERE AS the penalties in the faid aft are not fufficient to anfwer the good purpofes therein men-
II. Be it therefore enacted iy the General Apmbly of theflate of ^or ih-Carolina^ and it is hereby enacted by
the authority of the J ante. That every perfon offending againft the faid aft, fhall forfeit and pay for every of-
fence the lum or twenty-five pounds fpecie, to be recovered by aftion of debt, bill, plaint, or information,
to the ufe of the perfon who ftiall fue or profecute for the fame, and fhall alfo be further liable to the par-
ty injured by fuch unlawful firing of the woods for all damages that may accrue therefrom.
R^ ^ ^"8 - 2 ^^ "^ '" °^^^*^ *^' **"" of Mding feveral county courts of pleas and quarter-se/ftons viithin the diftriSI of Morgan,
An aBfor adding part of Burke county to Lincoln^for appjinting commiffioners for the purpofe therein mentioned f
and for laying a tax to compleat the public buildings therein.
WHERE .-^S it hath been reprefented to the aflembly by the inhabitants living in the fouth-eaft part
of Burke county, that they labour under great harlhip in attending on courts and other public
meetings in the faid county, from their remote fituation from the court-houfe, and have prayed to be ad-
ded to the county of Lincoln }
II. Be it therefore ena&edby the General Affembly of theflate of North-Carolina^ and it it hereby enacted by the
authority of the fame, That a line (hall be run as follows, viz. Beginning at Sharrol's ford, running with the
road leading towards Henry Whitner's, as far as Mathew WilCon's ; thence a direft courfe to Simon Hor-
fe's, on the waters of Clark's creek, thence a direft courfe to the fiOi-dam ford of the fouth fork of the
Catawba river, between James Wilfon and David Robinfon, and from thence a fouth-weft courfe to Earl
Granville's old line ; and that all that part of Burke county lying fouth-eaft of the line above defcribed| ftiall
henceforth be -taken off from Burke, and fiiaU be added and remain to Lincoln county.
^he remainder unnecejfary t* be inferted.J
CHAP. 45.
Vo(. 2, 21.
Part of Burke
to added to
JLincoln,
IHE TITLES OF THE PRIVATE ACTS.
21 An afl for dividing the Rowan regiment of miUti»j into two 25 An a£t for regulatiag the town of Edenton.
separate »nd insmSi regimen ts, 24 An aA iw tke ptoKction of l6ftraing in tbe distriA of £4enton|
\3 An for building a prison in the town of £denton.
26 AnaiSl for appointing commissioners to examine the claims of
I Thomis Claik, and others, against the estate of James
Murray, and rther purposes therem mentioned ■
An aiS for establishing a town on the lands formerly be-
:..',. longing to calone! James Bonner, at the forks of Tar river,
in the county of Beaufort.
An afl to amend the several afls passed -within this state to
prevent the stoppage «f the passage of fish up the several
■ rivers ther^a mentioned.
An ail to empower the commissioners therein mentioned to
repair the public buildings in the town of Hillsborough,
and othei purposes.
An afl to encourage Caleb Grainger to build a bridge over
Smith's creek, at the place where the late bridge stood iii'
■ New-Hanover county
An afl to appoint Commissioners foi fixing on a place with-
in the county of Anson, to build a court-house, prison
and stocks, and other purpose) therein contained.
An afl for appointing commissioners to fix on a place to
build a court house, prison and Stocks, in the county ot
Wayne, and for other purposes.
An aft to vest in Frederick William Marshall, esquire, of
Salem, in Surry county, the lands oi the ITnitas Fratrum,
in this stale, for the use of the said united brethren, and 1782. 519
other purposes.
37 An aa to vest the title of a certain tract of land in Robert
Cummins.
38- An act to confirm a certain patent therein mentioned,
39 An act for establishing the copy of a deed therein mentioned.
40 Ah act to vest in John Hay the property of certain lands in
Uuplin county. ^
41 An act for erecting a prison in the county of Bertie, and
finishing the court-house.
42 An act to amend an act, entitled, " An tlSL for dividing Edg-
coHib county, ana for other purposes therein mentioned."
43 An act for levying a further tax of one shilling on every huO'.
dred pounds value of taxable pioperty in county of Jones,
for defraying the expenceof compleating the public build-
ings thereof.
44 An act for levying a further tax of one shilling on every hun-
dred pourds va'ue of taxable property in the county of
Camden} for defraying the expences of compleating
the public buildings thereof.
46 An act to amend an act, entitled, " an act for dividing Tyr»
on county, and other purposes."
47 An act to oblige the inhabitants of Bladen county to attend
public meetings with their arms.
Bead thret times, and ratified in General Assembl/i the twelfth day of May, Anno Dom. 1782,
Signed by Richard Caswell, s.«,
XaouAs Benbuky, s. g.
820 1785.
{u™T At aGLNERAL ASSEMBLY, begun and held at HiUsborongh, on the Eigh
Covernon " tcenth Day of April, in the Year of our Lord One thousand Seven Hun
dred and Eighty-three, and in the Seventh Year of our Independence : Bcinj
the First Sessiori of this Assembly.
CHAP, L
Denominaticn
of the l^ills.
Commissioners
appointed*
Form of the
bills.
How to be
printed.
Its value.
Commissioners
to give bond.
The'r allow-
ance for super-
intending and
signing, &c.
Empowered to
purchase pa-
j.er and employ
a printer.
Types to be
dcstro)'ed.
^tt act for emitting one hundred thonfand pounds in paper currencyt for the purpofei of government for feventet
hundred and eighty-iiree, for the redii'iption of paper currency new in circulation, and advancing to the con
tinental efficers andfoldiers part of their pay and fubfiHence, andfqr levying q toK^ (tnd appropriating the con
fifcated property for the redemption of the money now to be emitted.
WHEREAS the neceflity for money for the purpofes aforefaid is indifpenfable i Be it enabled i
the General Affemhly of the flaie of North-Carolina, and it <V hereby enacted oy the authority oj the rami
That one hundred thoufand pounds be emitted in paper bills of credit, on the faith and credit of this ftate
in .bills of the following denominations, to wit, Thenty thoufand bills of forty {hillings each, forty thou
fand bills of twenty {hillings each, twenty thoufand bills of ten {hillings each, twenty thouland bills of fiv<
(hillings each, forty thoufand bills of two {hillings each, ten thouf;and bills of one (hilling each, and twen
ty thoufand bills of {isfpfence each-; that the fame be printed in a printing-prefs, and that John Geddj
and James Gillefpie be appointed cOmmiflSoners to fuperintend tbe prefs and number the bills ; and tha.
that John Huflt ^nd Benjamin M'CuUoch be appointed commiffioners to fign and deliver the fame to th(
public treafurers, to be by them applied as hereafter by this aft direfted,
II. ^nd be it further enaBed by the at^thority aforefaid, Tha$ the general form of the bills hereby direft.
ed to be emitted, (hall be as follows, to wit, *' This bill of (hillings (hall be a tender in all paymenti
** whatever, agreeable to a«£t of a{rembly pa{red at Hilllborough, the feventeenth day of May, anno Do-
*< mini, feventeen hundred and eighty-three." And fuch bills (hall be imprelTed and printed, the whok
of them, on thin paper of the fame fabrication, both in the face and the reverfe thereof, on the edges ai
well as the body thereof, with divers letters, marks, devices and words, which may be difficult of imi.i
tation, and which in the opinion ot the faid fuperintendants, mav moft effedlually fecure the fame from
attempts to counterfeit,
III. And be it further enaSied by the authority aforejaid. That each pound of the emifljon aforefaid, (hall
be deemed and hpld eaual to two find 3n half Spapifli piilled doilarp^ and-^hall \i% a tender in all payments
what foe ver.
IV. Andbe it further enaBed by tfje authority afqrefaid. That each and every perfon appointed by this a£l
to fuperintend the prefs, number, fign and pay the bills into the public treafury, (hall take an oath well
and truly to execute the duties, and difcharge the trull by this aft required and each and every one of
them (hall enter into bond to the governor for the time being, with fufficient fecurity to be by him ap^
proved, in the fum of pi^e hundred t^ufand po\inds, for jhf f^ithfyi firid due performance of the dutie»
by this aft required,
V. And be it further enoEied by the authority aforefaid. That each and every commilTioner for faperinten-
ding the prefs, and numbering or figning, and paying into the public tieafury, fliall receive twelve (hil-
lings for every thoufar*i bills by them figned or numbered, and delivered into the public, treafury, to
be paid out of the money by them paid into the public treafury.
VI. And be it further enaSied by the authority aforefaid. That the commifTioners by this aft appointed,
(hall be and are empowered to purchiafe paper and materials, and to employ a printer to print the faid
bills, and may draw on the treafury into which the aforefaid bill (hall be paid, for the money nece{rary
for the famt, and their drafts (hall be admitted as vouchers in the fettlcment of the treafurer's public ac-
counts.
VII. And be it further enaSled by the authority aforefaid. That the fuperintendants of the prefs, as foon
as they have (truck the fum of money hereby direftcd to be emitted, (hall break and deftroy, or caufe to
Ife broken or otherwife deftrbyed, fuch types, dies, or other emblems, as they (hall have ufed In print- 1783. S2l
ing and imprefliiig the fame. ,, U^y^O
VIII. . And be it further enaEied by the authority aforefaii^ That whoever (hall by printing', writing, en- Pert for crun-
graving, or by any ways and means, counterfeit any of the faid bills of credit emitted by virtue of this tertVitms.
a£l or any part, word, letter, name, emblem or device of the fame, or (hall make or conftrudl any die, prefs, ' ' '
type, or other inftrument for emitting or counterfeiting any of the faid bills, or any part, letter, name,
einblem or device thereof, except by authority of law, (or iu cafe v/here fuch may be figned in order to
bring fufpedled perfons to juilice) or (liall alter or deface any of the faid bills with intention to change
the value and denomination thereof, or (liall knowingly pafs or utter any counterfeit likenefs of any of
the faid bills, being thereof lawfully convi£led, by confelTion or verdift, or on arraignment on trial fhall
Itand mute, or challenge peremptorily more than thirty-five jurymen, every fuch perfon (hall be fubjeift
to and fulFer the fame pains and penalties as are provided by an adl palTed at Halifax, in the year feven- Ante p. 83,
teen hundred and feventy-nine, entitled, « An adl for puni(hing perfons concerned in any of the feveral ^^^'
fpecies of counterfeiting in this ftate."
IX. ^nd be it further enacted by the authority aforefaid, That if any commiflioner appointed by this a£l to Governor to
Cgn the faid bills of credit, or fuperintend and number the fame, (hall die, refufe to a£k or refign, remove *P.PO'nt a cens-
or become difabled or difquaUfied, it (hall and may be lawful for the governor to appoint one in his dead ; MsTof rv"
and fuch commiiTioner (hall give bond, and be fubjeft to the fame rules and regulations as commilTioners cancy.
appointed by this a£l.
X. jind be it further enacted by the authority aforeftt'd. That the treafurer of the diftri£l wherein the mo- Trea-vrer of
, ney fhall be (truck, (hall attend upon notice from the commifTioners, at the place where the fame may be **'^. ^is via ia
imprelTed and figned, for the purpofe of receiving it, and (hall be allowed for every thirty miles he (hall neyls stru^**'
travel in going to, and returning from fuch place, and for every day's attendance for that purpofe the fum to atiend to re-
of twenty (hillings. ^ ceive.&c,
XI. And be it further ena8ed by the. authority aforefaid. That the bills of credit to be emitted in virtue of To be printed,
this aft, (hall be imprefled, (igned and numbered at Halifax town. &c. in Halifax
XII. And be it further enaSfedby the authority aforefaid, That the treafurer to whom the commlffioners *°*"'
before named (hall pay the money emitted by virtue of this aft, is hereby direfted and required to pay the How to be paid
fame out of the trcafury for the purpofes, and in manner hereafter mentioned, and for no other purpofes i"easu,y * ' ■
or manner , that is to. fay. To the warrant of the commilTioners for the paper and printing ; to the war-
rant of the governor for the allowance of the commilTioners for fuperintending the prefs, numbering, fign-
ing, and delivering the bills into the public treafury ; to the order of the general aflembly for allowances
given to their members and oflicers for their attendance and fervice ; and to the warrant of the governor
for the falary or allowance of tlie civil lift, for their fervices performed, or to be performed ; all fuch al-
lowances to be for fervices performed in the year feventeen hundred and eighty-three, and for no other
time preceding,
XIII. And be it further enaSled by the authority aforefaid, That the feveral diftrift treafurers refpeftively, DistriA trea.
(hall have and receive from the treafurer of Halifax diftrift, the fum of two thoufand five hundred pounds *''r^'s to'^-
eutof the monies to be emitted in virtue of this aft, to be by them applied to the exprefs purpofes menti-
oned in this aft, and to no other ufe or purpofe whatfoever ; and the faid treafurer of Halifax diftrift is
hereby required to deHver the aforefaid fum to the other diftrift treafurers, or their orders refpeftively ;
and the fum of feventy-two thoufand pounds to pay into the hands of Willie Jones, Henry Montfortand p . . . y.
Benjamin M'CuUoch, Efquires, who (hall refpeftively give bond, with good and fufhcient fecurity, pay- for the use of
able to the governor for the time being, in the fum of fifty thoufand pounds, for the faithful application of the aim/.
the faid monies to the purpofes appointed by this aft to be by them paid to the continental officers and fol-
diers of this ftate, in part difcharge of the arrears due them, in fuch manner as fhall be direfted hereafter,
any law, ufage or cuftom to the contrary notwithftanding.
XIV. And be it further enaBedby the authority aforefaid. That any officer or foldier who Is, or hath been Officers how
of the continental line of this ftate, and have demands againft the fame for fervices, (hall be entitled to have ""Vj** *" ^
and receive from the commilTioners aforefaid, out of the monies emitted by virtue of this aft, the one fourth ''' '
part of the balance which on a fettlemeut with the commilTionerj appointed for that purpofe, fhall appear
to be juftly due and owing to fuch officer or foldier refpeftively ; and the faid commilTioners are hereby
authorifed and required to grant to each of the olficers and foldiers aforefaid, one or more printed certifi- -
Vol. I. 4N
How colieiSed,
Treasurers to
retain in their
hands the tax
revenue.
Confiscated
property how
to be disj osed,
Treasurers to
attend the ge-
neral assembly,
&c.
Pen. forneg-
kfl.
cates under tlieir hands, fop the balance which on a full fettlement flnll be due in fpecie ; which certificate*^
fo ilTued, <hail beai' an inti^reft of fix per cent, per annum, until paid, from the date thereof.
XV'. And bs it furthes' enaHed by the authority aforefaid That for the year feventeen hundred and eighty-
three, a tax of three pence for each and every pounds value of taxable propertv in this (late fhall be levied, \
and paid in the bills as before directed by this aft to be emitted, or in gold or iilver at the rates eftablilhed <
by law, in currency or currency certificates, as rated by the a£l for the fale of confifcated property, or in
fpecie certificates at their nominal value. Provided^ Th" late currency, currency certificates, and fpecie
certificates, (hall not be received for more than the two thirds of the faid tax.
XVI. And be it further enaBed by the authority aforesaid. That the above tax (hall be colle£led, paid and
accounted for, as directed by an a6l:, entitled <« An aft for afcertaining what property in this ftate (hall be
deemed taxable property, the method of aiTeiTiag the fame, and of collefting public taxes."
XVII. And be it firiher ena&ed by the autority aforefaid. That each and every public treafurer be, and
hereby is direfted and required to retain in his hands, all fuch bills of credit emitted by virtue of this aft,
as may be paid him for the tlaxes of the year feventeen hundred and eighty-three, alfo all the gold or filver
that may be paid hihi for the taxes for the year (eventeen hundred and eighty-three, until otherwife direfted
by the general aiTembly, any law, ufage, or cuftom to the contrary notwithftanding.
XVIII. And be it further enaSied by the authority aforefaid. That all the property belonging to this (late, <
which has been confifcated by and under tlie feveral laws commonly called confifcation laws, is hereby i
exprefsly referved as a fund for the redemption of the faid bills of credit emitted by virtue of this aft.
XIX. And be it further enadiedby the authority afortfaid. That each of the treafurers frOm the fever'al dif-
trifts within this ftate fhall attend the general afTembly whenever they (hall meet, and lay before them all
certificates and monies they (hall have received in their refp^ftive diftrifts, to be difpofed of in fuch man-
ner as the general alTembly may judge proper \ and any treafurer failing or neglefting to comply with this
aft, (hall forfeit the funn of two hundred pounds, to be fued for and recovered in any court of record, by
aftion of debt, by the comptroller, and applied to the ufe of the ftate.
CHAP. 2.
ir84, 14, ir,
18, 19, 20.
2 1784, 19.
lr85. 10.
1787, 20.
A a repealed.
Ante p. 205,
303.
Weitern boun-
dary er/iarged
and cstailishi
'Entries and
grants without
the bounctary
to be void,
Lands reserved
to the Chero-
jjicc Indians.
An oBfor epenivg the land-offiee for the redemption of specie and other certificates, and dif charging the arrears due
to the a^ my,
WHEREAS opening the Iand-o{rice, and granting the lands within this ftate, would not only redeem
the fpecie and other certificates due from the public, but greatly enhance the credit thereof;
II. Be it therefore enaBed by the General AffemUy ofthefiate of North-Carolina and it is hereby enaBed by the
authority of the same. That fo much of an aft of the general alTembly, palTed at Wake, entitled *' An aft to
regulate and afcertain the feveral officers fees therein mentioned,"as prohibits the future entering of lands
with any entry-taker in this ftate, and declares void fo much of an aft for eftablifhing offices for receiving
entries of claims for lands in the feveral counties within this ftate, for afcertaining the method of obtaining
titles to the fame, and for other purpofes therein mentioned, (hall be null and void ; and the aft laft above
recited is hereby declared to be in full force and efficacy, except fo much thereof as comes within the pur-
view and meaning of this aft.
III. And be it further enaBed by the authority aforesaid. That the weftern boundary be enlarged and efta-
blifhed by a line begining in the hne which divides this ftate from that of Virginia, at a point due north of
the mouth of Cloud's creek, running thence weft to the Miffifipi, thence down the Miffifippi to the thirty-
fifth degree of north latitude, thence due eaft until it ftrikes the Apalachian mountains, dience with the
Apalachian mountains, to the ridge that divides the waters of French- Broad river, and the waters of Nol-
lichuckei river, and with that ridge until it ftrikes the line defcribed in the fifth feftion of an aft, entitled
*' An aft to amend an aft for eftablilhing offices for receiving entries of claims for lands in the feveral coun-
ties within this ftite, for afcertaining the method of obtaining titles to the fame, and for other purpofes,"
and with that line, and thofe feveral water courfes, to the beginning.
IV. And he it further enaBed by the authority aforefaid. That all entries of land heretofore made, or grants
already obtained, or which may be hereafter obtained in confequence of the aforefaid entries for land, to
the weftward of theli ne laft above defcribed in this aft, be, and the fame are hereby declared to be null
and void to all intents and purpofes, as if fuch entries and grants had never been made or obtained.
V. And be it further enaBed by the authority aforejaid. That the Cherokee Indians Qiall have and enjoy
all that traft of land bounded as follows, to wit, beginning on the Tenne(ree where the fouthern boundary
of thi» ftate interfefts tiie fame nearell to the Chickamawga townS| thence up the middle of the Tenneffee
and Holftein to th» middle of French-Broad thence up the middle of French-Broad river (which lines are 1783. 323
Bot to include any ifland or iflands in the fnid river) to the mouth of Big-Pidgeon river, thence up the fame v.*^y^O
to the head thereof, thence along the dividing ridge between the waters of Pidgeon river, and Tuckafejah
river, to the fouthcrn boundary of this ftate ; and that the lands contained within the aforefaid bounds fhall
be, and are h^eby teferved unto the faid Cherokee Indians and their nation forever, any thing herein to the
contrary notwlthftahding.
VI. yind he it furihtr enaBed hy the authority aforefaid., That no perfon (hall enter and furvey any lands Pen for enter.
•within the bounds fet apart for the faid Cherokee Indians, under the penalty of fifty pounds Ipecie for '"°' ^^' ^^*"
fevery fuch entry fo made, to be recovered in any court of law in this state, by and to the ufe of any per- '" *^ '*"''*'
fon who xsi'ill fue for the fame i and all fuch entries, and grants thereupon, if any ftiould be made, fhall be Such entries,
'Utterly void. ^ &c- void.
VII. And be it further ena^ed bf the authority afore/aidi That no perfon, for any conGderation whate- All purchases
Ver, (hall purchafe or buy, or take any gift or leafe of any trafl of land within the faid bounds, of anv '^^ ^^''^ '*"<^3
Indian or Indians, but all fuch bargains, fales, gifts, and leafes fhall be, and are hereby declared to be *"''*^°"*-
Hull and void: and the perfon fo purchafing, buying, leafing, or taking any gift of any land, of any lil- Pen. on per-
dian or Indians as aforefaid, fhall moreover forfeit the fum of one hundred pounds fpecie for every hun- sons p irchas-
dred acres fo purchafed, bought, leafed or taken as aforefaid, one half to the ufe of the flate, and the '"^' ^^' "*^
Other half to him that will fue for the fame, to be recovered in the manner as aforefaid. ^^""^
VIII. And whereas the faid Indians may receive iiijuries from people hunting, ranging or driving no person to
liocks of horfes, cattle or hogs, on the lands hereby allotted them ; For remedy whereof. Be it enaSiedby hunt, range or
the authority aforefaid, Thdit it fhall not be lawful for any perfon or perfons whatfoever to' hunt or range '^"Y^ ""'^'^ ""
on the faid lands, or to drive flocks of cattle, horfes or hogs thereon, on pain of forfeiting the fum of ' ^" ^*'"*^'
fifty pounds fpecie for every fuch offence, together with fuch flock or flocks of horfes, cattle or hogs, p^n Jty
fo driven ; to be recovered by any perfon who fliall fue for the fame in the manner aforefaid.
IX. And be it further enaSied by the authority aforefaid^ That it fhall and may be lawful for any perfon Entries by
who now is, or hereafter fhall become a citizen of this flate, according to the conflitution thereof, to en- whom to be
ter with the entry taker to be appointed by joint ballot of both houfes of this general afTembly to receive "**'**"
entries for claims of land (all lands in this adl referved for the Indians excepted) a him for any lands, Quantity-
provided fuch claim does not exceed five thoufand acres.
X. And be it further enabled by the authority aforefaid. That every pet fon claiming, before he fhall be en- What to be
titled to enter a claim for any of the faid lands, fhall pay into the hands of the entry-taker at the rate of P»'d previout
ten pounds in fpecie, or in fpecie certificates at their nominal value, or certificates for currency as rated I? *" ^J^'^p-
by law, and ail other certificates at the value afcertained by the fcale of depreciation, for every hundred \^^^ 14
acres fo entered, together with the fees which by this a£l fhall be edablifhed;
XI. And be it further enaSed hy the authority aforefaid. That the claimant of any land fhall produce to Lands how to
the entry-taker a writing figned by fuch claimant, fetting forth where the land fhall be fituated, the near- be ascertained
eft water-courfes, mountains and remarkable places as may be therein, the natural boundaries and lines, ''y*'*^ <^'a'""-
of any other perfon or perfons, if any, which divide it from other lands; and every fuch writhig fhall *"'"
be in one quarter of a fheet of paper at leaft, and fhall be endorfed by the entiry-taker with the name of
the claimant, and number of acres claimed, and date of the entry ; and a copy thereof fhall be entered Entry-taker's
in a well bound book, ruled with a large margin, and into fpaces of equal diftances, every fpace to coii- '^"'/*
tain one entry only, and every entry to be made in the order of time in which it (hall be received, and
numbered in the margin ; and if no perfon fhall appear within three months after fuch entry, to make J™® l'"»'t«<i
claim for the faid lands, the entry-taker fhall deliver to the party a copy of the entry whh its proper 0^10*3^'**
number, and a warrant to the furveyor to furvey the fame, which warrant fhall be written or printed on
a half fheet of paper at leaft j but If any perfon fhall appear and fet up a claim to any lands fo entered Proceedings in
the entry -taker fhall note the fame in the margin of the book of entries oppofite fuch claim, and tranfmit consequence of
tlie whole to the court, to be proceeded on as by the faid aft diredled. *"'^'^ claims.
XII. Provided neverthelefs. That it fhall not be lawful for any perfon to make entry of, or fettle on any Land i excepted
lands within the bounds referved for the oIHcers and foldiers of the continental line of this ftate. The from entry.
refi annulled, 1784, 20.
XIII. And be it further enaped hy the author ity aforesaid. That every entry taker that nov? is, or hereafter Entry-takers
[may be appointed, fhall previous to his entering on the execution of his office, enter into bond with ap- to giv* bond,
proved fecurity, in the fum of ten thoufand pounds fpecie, to the governor for lime being, for the
32i 1763. faithful dlfcliargc of his refpeaive duty ; which bond upon a breach of the condition, therfeof, fliallbe af-
v^^v-»^ figned by the governor to the party or parties injured, who (hall or may maintain an adion or aaions
to discharge tiiereupon in his or their own names, and (hill not become void ypon the HjH recovery, or if judgment
h:s duty. ijg for the defendant, but may be put in fuit from time to time until the whole penalty be yecoverbd ;
Srd'onir" and every entry-taker fliail alfo give bond in the fum of fifty thoufand pounds fpecie, payable to tie
cLe of a governor for the time being, and his fucceffors in office, well and truly to account and pay to the public
breach. treafury, all fuch monies or certificates as he is, or fliall be required by law to account for and pay m
L'oTo*a™t virtue of his office ; and where the entry-taker, fhall fail to account for and pay the monies and Certih-
SXthetrea" catesbyhim received into the public treafury, as required bylaw, the treafury (hall proceed againft
sTiiy, &c. liim as by the faid a£t dire£te:d. * , , . , , a i j
Officeforthe XI 7. And whereas eftablifhing the office for receiving entries of claims for the weftern lands convem- .
western lands ent to the citizens in general, will greatly tend to the difpofal of the faid lands ; Be tt therefore enaaed by
where held. fj.g ^^^^^ , ^^ aforefaidt rhat the office of receiving entries of claims for lands, weftward of the hne here-
in* before eilabliffied, Ihall be held at Hilhborough. ' „^ „ , . . r u
Secretary's du- XV. And be it further enaaed by the authority afore/aid, That the fecretary (hall make out grants for all
xy in xespea to fyr^gys returned to his office, which grants (hall be authenticated by the governor, counterfigned by the
8^*"''- fecretary, and recorded in his office, ready to be delivered to the parties to whom the fame (hall be m^de
When to be on the firft day of April and Oaober in every year ; and every perfon obtaining a grant for lands, Ihall
registered in within twelve months after fuch grant (hall be perfed as aforefaid, caufe the fame to be regiitered m ,
the county. ^j^^ regifter office of the county where the lands {hall be. '
Fees oi entry. XVI. And be it fw thr enacied by the authority aforefaid, That the {eyexal entry-takers, furveyors, re- ,
takers, Survey. jft^„ and the fecretary, fhall be entitled to have and receive the fees hereafter particularly lpecihed,t^
S SarT' ^nd no more ; that is to say. To the entry-taker for all fervices, four (hillings ; to the furveyor for ma-^j
and secretary. -^^ ^j^^ j-^^^gy ^^j ^H Other fervices, for every three hundred acres or under, fixteen (hiUmgs, and toP
every one hundred acres more, four (liilling. . ^. , , n. n • ^u r .. >
Secretary's xVlI. And be it further enaaed by the authority aforefaid. That the entry-taker (hall receivethe fecreta^,
wlo be ry's fees on the f«veral e;itries made in their refpeftive offices at the time of making the fame, and (hall
I'-d- on the (irft day of April, and the (irft day of Odober annually, account with, and pay to the fecretary,.
all fuch monies by them fo received, after deduding a commiffion of five per cent, for their trouble mi|
Sur.e,ortore-'°XvJn. And^trS^r'to'alertain fuch grants as may i(rue In future, f-"' :-^J'^.J>' ^^^^f ^g^. f!;-^
turnhU&c. faid. That with each return hereafter to be made, the furveyor (hall return two fair lifts, ^^ttmg Kith
' the name of the grantee, and number of acres furveyed, with the date of fuch return ; one of ^hich lifts
Mb'fi^i^bythefiveyorandleft widx thp fecrejary. and jh, other figaed by the fecretary and
Entry takers returned to fuch furveyor. ,,'...,-. . . r „ ♦„ ,„ovvonfa!
when to deli- XIX. And whereas many difputes have and may ariCe from the furveyor g;vmg preference to warranty
ver their war. ^ ^ j ^^^ not certifying in the return of furvey, the date of the entry, and number of th^
riVo^doins warrint under which the fame is furveyed, by nieans whereof grants have in many inftances ifluod o«
the same to the fuch returns contrary to the true intent and meaning ot the faid aft; lor prevention whereof m fu ure,
^-e.- %:\:Za:dbXLhori^ af^efc^d, That eve.y entry-taker witinn this '^f^^f^^^\^:tj^:::^
to the furveyor, on or before the (irft day of April, and the firft day of (^clober annually, the Marrants
L the Sal Entries (which are not di/puted) made in his office, en orfed "' ^^ ^a^^^^emS
Which furveyor (hall proceed in his furveys. according to the number and date of ^^^^/^'^P^f "^/^^^^^^^^
and (hall within twelve months after the recept thereof, lay o(Fand ^^^X ^^^^ ^^'^^^^'^St jheet of nd
Surveys how r>; ^c ^^e faid ad ; and (liall make two fair pl^ts thereof, on not lefs tlian a quarter of a (heet ot paj
to be n,ade. ^^^f'^^^^^^^^J^ a fiuS ^lats the date of the entryf and number of fhe warrant under which the fame (ha!«
Andretutned. Te made, S (luUfet do in words at lengtfi, the beginning. --JV'^Ta^ttTLf wS
&c. courfes, together with the lines of fuch lands as may join the fame, and the ^"^"7^ ^/^fJ^J ' ^'^^^^^^^
return ffiallbe figned by fuch furveyor or his deputy, and tranf|iiUted -'"h^^^,^^"''"*;.^.^':^./^";^
Pen. for nug- office within eighteen months after receiving the fame, under the penalty of fi*}): P°""tvPTL ° • aS
'^^' default, to be recovered by the aaion, of the party injured, before any jurifdidion havmg cognizance*.
Proviso. thereof, and app'ied to his own ufe. „ „. s • n. ^^ .i i r.i f,, r.ir-Vv fnrwf.vnr
XX. Frovidld alnvays, That where any entry (liall be caveated, it (hall not ^^.^.^^^^.^/^'^^^^P^^^^^^^^^^
to furvey any entry fo? the fume land, (of a younger date than the on^ caveated) joining or mterfedmg
»Tuchentty, until a final d^termmatldn be had on fuch caveat ; and every entry-taksr fljal! copy and tranf- IT^S. S25'
imit to the furveyor every caveat enteied in }.is olRce, with the time of entenng fuch caveat, and tlienum- t.^,^y»o
"xXL^ And whereas grants may be fecretly obtained on entries heretofore made by artful and defigning f^^^^Z^^
irea, for land to which they have no juft title, to the great injury of many of the inhabitants of this ftate ; exelutioa of
for prevention whereof, Beit enaHedbytke authority aforefaid, 'rhat upon complaint being made on oath, grants.
and fufficient reafon (hewn to the govc-nior or commander in chief, he may fufpend the execution of fuch
grants, and dired the fecretarv to certify the fame to the court of the county wherein the land may he, pro.«edings
and the court fhall, upon receiving fuch certificate from the fecretary, order a trial by jury, in the fame thereupon,
manner as they might do if a caveat had been made in the office of the entry-taker, and the proceedmgii
to be conduaed in the fame manner as is direaed by the before recited aft. ^ . , ^ r , v.r.^vr.«
XXII. Atid be it further enacted by the authority aforefaid, That fo much of the aforefaid aft of the gene- '^^^Z
ral affembly for eftablilhing offices for receiving entries of claims for lands in the (everal counties within
this ftate, for afcertaining the method of obtaining titles to the fame, and for other purpofes therem menti-
oned, and the feveral amendments thereof, as comes wiihin the meaning of this aa, Hiall be, and are hete-
^XXTTL Tnd Te^yuTth'er enaBed by the authority aforefaid, That all the lands lying between the Iron f„''J»J„;!;;f|
mountain- and the prefent Indian boundary, as far as a point oppofite to the line already extended betwixt ;„ Bnrkeani
Burke and Rutherford counties, (hall be entered in the county of Burke ; and all the lands fouth of the and Ruiher.
laft mentioned line to the fouth line of this ftate and the Indian boundary, from the aforefaid point, ihall ^ord.
be entered in the county of Rutherford. . . \, „ „ , . <- , , c uru . ,. •
XXIV. And be it farther enaSed by the authority aforefaid, That this aa fliall be m force, and take ef- When to be in
fea in the refpeaive counties in this ftate, on the iirft day of Auguft next, excepting for the lands ap- "''<=«•
propriated by fundry aas of this affembly, lying to the weftward of the prelent Indian boundary line,
which faid lands ftiall not be liable to be entered until the twentieth day of Oaober next.
An aa to amend an aB, entitled, <« An aa for the relief of the officers and foldiers of the continental ^^^.f'^^t
line, and for other purpofes." j J^j "' '
WHEREAS by the above mentioned law, certain quantities of land are allowed to fundry perfons, Ai te,D.304.and
ofliicers and foldiers, and to the heirs of fundry officers and foldiers who have fallen in the courfe ails there refet-
of the war, for obtaining titles to which no mode is pointed out ; *^
II. B^ it therefore enafred b^ the General Affembly of the Jlate of North-Carolina, and it is hereby enaBed hy ^^^^.^^^^^^^ ;^
the auihcrity of the lame. That each and every pprfon and perfons entitled to land by virtue of tl^e atore- sue warrants
faid law, fhall on application being made to the fecretary of the ftate, obtain and receive from him a war- of survey,
rant of furvey for fuch quantities of land, within the limhs of the land referved by the aforefaid law for
the faid officers and foldiers, as he, (he, or they, by the aforefaid law ftiall be entitled to, which ftiall be
direaed to co'onel Martin Armftrong, whois hereby appointed furveyor for this purpofe, and if. autho- ^^^^^J^ ^ff
rifed and required, by himfelf or deputy, to execute and return the fame into the fecretary's ofHce with-
in the fame time, and in the fame manner as is required in other cafes: and for which fervices he (hall ibissmperM
be aititled to the fame fees, and be fub}ea to the fame pains and penalties for neglea or breach of tluty > •'^^/"sTlSl.
and ftiall alfo previous to his entering upon the exercife of that office, take the fame oath in prefence of
the governor, as is by law appointed to be taken by other furveyors, and fliall alfo adminifter to every Hisoath.-
chain-cariler who fliall be employed with him m running out any of the faid tra<Ss, the fame oath as is
ufwaliy adminiilered to chain -carriers in other cafes.
HI. And leaft difputes ftiouldor may arife between two or more perfons by each wifliing or claiming Disputes deter;
to have his v/arrant or warrants located on the fame piece of land .- Be it enaBed by the atithbrity aforefaid, """^ ^ °'*
That in fuch cafe the parties contending or claiming the fame, ftiall caft lots for the choice, and the per-
fon in whofe favour the lot falls, ftiall have the preference to fuch traa or parcel of land fo claimed.
IV. And he it further enaBed by the authority aforefaid. That no -warrant ftiall be ifl'ued by the fecretary When the war;
in virtue of this aa, before the firft day of Oaober next; and the officers and foldiers aforefaid ftiall be al- ^^^"* »■■* ^« ''"
lowed the term of three years from the firft day of Oaober next to fecure the lands hereby referved forthem.
V. And be it further enaBed by the authority aforefaid. That where a warrant fliall be hereafter located, What locations
without any perfon making objeaions to fuch location, that fuch location fhall be good and valid, not- w be valid,
withftanding the claim that may be afterwards fet up by any other perfon.
Vol. I. 4 O
326 J7S3. VI. An J be it furthir enaBed by the authority aforehij^ That the fecretary fliall make out grants for all
1 furveys refuriied to his office, which grants (hall be authenticnted by the governor, counterfigned by the
fecretary, and recorded in his ofBce ready to be delivered to the parties to whom the fame ftiall be made.
VII. And for prevention of tiifputes, Be it emcted by the authority aforesaid. That the officers and foldiers
aforefaid fhall enter and furvey the lands within the following lines, that is to sey, Beginning in the Vir-
ginia line where Cumberland river interfetis the fame, thence footh fifty-five miles, thence weft to the
Tenneffee river, thence down the Tenneflee to tlie Virginia line, thence with the faid Virginia line eaft
to the beginning.
WbTterfr"' ^•^^^' ^"^ ^^ it further enaBcd by the authority aforefaid^ That no perfon or perfons but the officers and
entries. ^^^ foWiers of the continental line (except thoie who are now fettled on Cumberland river and have a right
Exceptions. of pre-emption, wl^ofe claiins are hereby referved to them) (hall enter any lands within the faid bounds
within three years after the paffing of this aft •, and all entries hereafter made within that time, by any
_ except officers or foldiers entitled by law, are hereby declared void,
^raliower'' '■^- ^''"'"'^'''^ neverthelefs. That Anthony Bledfoe, Abfalom Tatom, and Ifaac Shelby, fate coramiffion-
lands. ^^s to lay off lands for the continental officers and foldiers, and the furveyors guards, and others who ac-
companied the faid commiffioners on that duty, fliall each obtain titles to fuch quanthy of land within the
Mow to enter ^°""^^ aforefaid, as they or each of them are entitled to by the a£l under which they were appointed, by
them. entermg the faid lands with the entry-taker of Davidfon county, who is required to receive their claims
without any purchafe money, and to grant them warrants for the fame.-
Zl7mlnn\^' f "^' ''"'' ^^ it further enacted by the authority aforefaidy That the furveyor by this aft appointed, fhall have
securTn^'them. ^^f ^^'"^ ^^^® ^^ '^^ '^^ ^^^ appointed for public furveyors, and fliall be, and hereby is allowed and per-
* mitted to lay off for himfelf, within the bounds of the aforefaid traift of land, equal to the amount of his
fees, rating the faid lands at ten pounds the hundred acres, any thing m this adi notwithftanding.
account fo^ *° ?^* "^"^ ^^ it further enacted by the authority aforefaidy That the fcale of depreciation eftabliffied by an aft
money they entitled " An z€\ for eftabiifhing a fcale of depreciation, with a provifion for fuits commenced for paper
have leceived. currency, and for fufpending the operation of the laws therein mentioned," (hall be the fcale by which the
continental officers and foldiers of this ftate fhall account for all fuch fums of money as they have received
in part of their pay and fubfiftence, and by which they fhall account for fuch balances as may be due from
them on the fums by them received for the purpofe of recruiting-
How lands to XII. And be it further enacted by the authority aforefaidy That ali officers who have feived with reputation
ed betwe'en°di'f. f""" J'^^'^^ ^"^ upwards, and either refigned, or were left out of the line on the redudion of their refpeft-
ffrent 1-inds cf '^e corps, and their heirs, fhall be entitled to grants of land proportionate (having refpeft to their time of
officers. fervice) to thofe grants that officers who have ferved during the war are entitled to by law, computing their
time of fervice at feven years ; and alfo all foldiers who have ferved two years or upwards, fhall be enti-
tled to grants of lands prportionate (having refpe£t to their time of fervice) to thofe grants of lands that
foldiers who have ferved two years and an half are entitled to by law.
t^^Govelnw^'^ XIII. And he it further enacted by the authority aforefaid. That his excellency Alexander Martin, Efquir*,
Martin and ^"*^ David Wilfon, Efquire, be entitled agreeable to report of the committee, to two thoufand acres of land
David VViJsoin, each, adjacent to lands allotted for the officers and foldiers, for which they fhall have and receive titles in
the fame manner as i? dire£led by this adt, for the officers and foldiers to obtain titles to their lands, any
law or cuftom to the contrary notwithflanding.
Newcomrais- XIV. And whereas it will be more convenient for the officers and foldiers tff attend at Halifax than at
arm^"account* ^^^^*^'''" '° ^^^^ ^^^^'^ accounts liquidated and fettled ; Be it enacted by authority aforefaid. That Willie
appointed, &c. Jo^^s, Benjamin M'CulIoch, and Henry Montfort, Efquires, be, and are hereby appointed commiffioners
in the room and ftead of James Coor, John Hawks, and William Blount j and in cafe of the death of tha
faid Willie Jones, Benjamin M'CulIoch, or Henry Montfort, or refufal to a£l, the governor is hereby em-
powered to appoint one or more perfons in his or their place, as the cafe may be, to liquidate and fettle
the officers and foldiers accounts to the firft day of January, one thoufand feven hundred and eighty-two,
who are hereby empowered to allow intereft on all accounts by them fettled, agreeable to a refblution of
Their duty. jhif general affembly of the fifteenth of May.
Delinquent XV. And whereas it is abfolutely neceffary that fome mode be adopted for the fpeedy recovery of rao-
shM^JiTanT"' "'**.*^"® ^^°^ ^"y tJelinquent fuperintendant commiffioner, or county commiffioner of confifcated property
others \oac. ^'^''iffs, treafurers, and tax-gatherers ; Be it enaBedby the authority aforefaid. That if any fuperintendant
iM,unt. commiffioner, or county corraniffioner ©f confifcated property, ftieriff, treafurer or tax-gatherer, who have
it ri. f W fl '^ J"^"' °^ '"^ ^^ "/ "'^""'^^5^' ^'" ^'^^ °' "^g^^"^ t° account for all monies 17«S. 32-7
^h ch they refpeftively have been, now are, or hereafter fhall be empowered and authorifed to receive, it v^-r^
Ihall and may be lawful for any court of record in this ftate, on motion of the attorney-general, or any o- Proceed.ngs a-
^ ther attorney, to grant judgment agamft fuch fuperintendant commiffioner, or county commiffioner of con- s^*"" "^°^«
fifcated property, (heni}, treafurer or tax-gatherer, for all fums which he may have in his hands unaccoun- '""" ""^^^^
ted for with mterefh thereon from the day of receipt till the fame is paid, and to award execution agalnft
the body, goods and chattels, lands and tenements, of fuch delinquent, or his fecurities ; provided fuch
dehnquent have ten days previous notice of fuch motion j any law to the contrary notwithftanding.
dn aa/or the eRahlifhing afcale oj depreciation, ivith a provifton far fuits cotfimenced for paper currency, and cy,.v 4.
WxjT7nT7Ac f<^MP^"dingthe operation of the laws therein mentioned. ^-war. *,
HERE AS much difficulty hath arifen in the adjufting and fettling debts and demands, as well
withm the courts of this ftate as out thereof, from the rapid depreciation of paper currency emit-
of the fame trfuturr ^ ^""^^ ^""^ permanent fcale may be eftablilhed for the afcertaining the value
11. Be it therefore tmBed hy the (Jeneral Afembly of the Hate of North-Carolina, and it is hereby enaBed U the Scale of dep«s.
jxuthority of the /ame, 1 hat from and after the paffing of this aa, the following fcale fhall be, and is hereby f'f T "'^''*
declared to be the only fcale to determine the value of the depreciation of the paper currency of this ftate. '"^''*-
in all cafes whatfoever, eftimating the fame in fpecie ; deeming one Spanifh milled dollar, weighing feven-
teen penny- weight fix grains, to be of the value of eight ftiillings fpecie ; which fcale fhall be as follows,
that IS to Jay :■ *
YEARS and MONTHS. | 1777. f i778. | 1779. | 1780. | 1781. | 1782. {
6
61-2
7 1-2
10
10
12 1-4.
15
18
21
25
27
30
32
35
40
50
60
75
90
100
125
150
175
200
January,
February,
March,
April,
May,
June,
July,
Auguft,
September,
Odlober,
November,
December,
III. And be it further enaaed by the authority afo^efaid. That the"follow'ing f«le of th^ value of gold and Value of a.!n«
ilver^foreign com, fhall be the only value thereof, in the tranfaftions of gold and filver hereaftSj L/ "^^
0
0
1 1-4.
1 1-2
13-4.
2
2 1-8
2 1-4
2 1-4
2 1-2
2 1-2
3
3 1
3 1-2
3 3-4
4
4
4
4 1-4
4 1-2
4 1-2
4 3-4
5
5 1-2
210
225
250
260
300
350
400
5oa
550
600
675
725-
800
800
800
&00
800
80a
800
8oa
800
800
SCO
800
A TABLE OF COINS.
Gold Coins.
Guinea
Half a Guinea
[V French Guinea
jSloidore
Ij'our Piftole Piece
L Piftole
pouble Johannes
pngle ditto
Ifalf ditto
Quarter Johannes
I dwt.gr. \ £. N. Cur. | Silver Coins.
6
6
2
15
5
5
6
18
17
0
4
4
18
0
9
0
4-
12
2 i6 1
1 17 4
18 8
1 16 0
8 0
0 0
10 0
8 0
4 0
12 0
0 16 0
French Crown
Englifh Crown
Half Crown
Quarter dittos
A Dollar
Half Dollar
Quarter Dollar
A Piftareen
Englifh ShilUng
I dwt. g. I £. N. Cur.
17 6
0
9
. 0
0
9
0
0
4
6
0
2
3
0
8
0
0
4
0
0
2
0
0
1
8
0
1
9
S23 1783. And the fa id foal e fl.all herafter be read in evidence In all the courts of this ftate, to liquidate all debts and-
1 ^—./-wj Hf>rm<iHs and in enterinc up iudemeiits thereon. . , r o. r t , \
Scaiet:C::fi 'Tv P.S :;W. -lil .s'.he true intent and meaning of this aft, that on tr.a Is o »^-s for debt,
in evidence. ,^here the debt is in the prefent time, and the payment m the future tmie, the comraas, and aU matters,^
Frovho. circumftances and things relating thereto, fhali be given m evidence to tlie jury, whofe verdiA (hall regu-|
late the fame, fo that judgment may be entered up thereon. ,., . . *i, ' -i
V And whereas many fuits are hanging up in the fuperior and nifenor courts, from the aamage ia|
J:jr ;r, . J.; ^X ^S^£^ paper currenc'y, ihireon if the plaintiff had proceeded Jo judgment, fuch judg.,
-- ment would in no manner have beeamtiinfic and adequate to the d.bt or damage (uftan.ed or demanded i.
Bet ZaL ty the 'authority aforaaid. That the judges atidjuihces or the faul courts are hereby aurhor.fe4
f^^ empowered to direft tl/e jurors in ail fuch cafes, to find their verdift in fpecie ; although the writ
mall b« laid in the faid paper 'currency, and to enter up judgment in fpec.e ; which variation between the
writ and judgment fhall nSt be affigned an error thereon, in impediment of pftipe and the operatipn of|
jusrices to de. ""^""^TJ And he it further enaBed by tl^ authority aforefaid, That all juftlces of the peace, o« trial of warran,
'cdcacccdirg bJu'ht before them, or any of them, ihall give judgment and awardexecution according to the foregt
to the scale. ' ^ depreciation, and agreeable to the true intent and meamng of this adt. . , , .
^mtlT^Uurthe'r enaJd by the authority af ore/aid. That on all p eas of tender, wUh an ah.a.
ready, ahedged to be made after the laft day of March, one thoufand feven hundred and feventy-feve«
the party pleading fuch plea (hall file an affidavit therewith that the fum fo tendered was equal at U
me of fuch tender to the debt or damage demanded, accordmg to the then depreciation; and for t]
wTnt of (uch affidavit the plaintiff (hall be admitted to proceed on his writ in the ufual courfe of praa*
unlefs the defendant waves his faid plea, and pleads to iflue. ^ . . , n , r n^ u • .\.
VlllPrvided nevertheless, That no creditor who hath before the faid laft day of March, m the ye,
feventeen hundred and feven ty- feven, refufed to receive or artfully evaded receiving his debt in cu.rrenc
ili^n Vie entitled to have depreciation made good to him.. . jl
IX And wher° as great injuftice and injury may arife to many perfons who may have claims to pr<,.|
ta.cns sus. ^erty fr demSs on^ebtors, by reafon of the courts of juftice being often ftopped, the depreciation ,
pended. ? f^; paper Currency, and the in^ruQon of a deftrudive war, creditors have been prevented from pro-
feVutinrfor the fame o any effed ; that juftice and equity m.>y therein be done, Be t te.a^ed by the a„.\
fecuting tor tijeiamero y , ^ J . ^ntid^d, "An ad concerning old titles to lands, aj^d
StS ofia is and^for avoiding fuic: in law,''' be and is hereby fufpended from its ufual op,.|
lor iimitauDiib ui <»*->-iv' > ^, ^- , . „ri.'' .,c n,, eftoole or mpedimeut againft the recovery of lands,..
An., p, 10. ration fo fajr forth as it afe, « "'gh' '^^ '» "J f e ? covery of property by anions of detinue. tro,«
.cnementsandhereduaments o any of them, o^^^^^^ P P J J ^^^ ,.^^^^ ^^^
'."' "TZ'^ frotrtunh d W S;. f v'uee" hlidLd and Lenty f,., to\e firft day of June
dies of this aa, Irom •''V"""" , j"'^.^^ all oeifons may implead or be impleaded in that t me, unlefs th
f • rr; W h r,h:tl otr'atn^her of ^^^^^^^ founh d,y of /uly, in the year alorefaid.
fhtdft'he ca"fe of aairiyiiothaiearirenv/.thln two years before A t^ime when the Cuit was, .
kSp^c^-S-S -^:rtrpifron^^^^^^^^^^^^^^
ed. Of ^f »• /°/;™,Vr^an^^^^^^ and difficult difputes hiay happen m matters of adminiftranon, teft
Parncuiar cas. XII. ^nd Whereas many gr..^ namipifti iter-, and guardians, and their war^ds and minors,
Ter wl!S?aLlKVlmi^dl\l1l^:c' SaUo., of the Judges of the court of e,ui,y. who =
to the scale
Ple&s of tender.
Proviso,
Statute of litni
t&ticns sus
pence,
jiereby au.*orifed totaTce fuchcafe under their confideration, and to determine the fame according to
,^qvvty and good confcience, ' ' '' - '■' ■-• " ■ ■•'; 'i •: ■ • ■ • ■ - ' -r, ,,,.,,.,,, 8 ,,
ITS;). S29
tfc hind
Pfovided always, and it is thejntent hereof, that no part of this law {ha!I be conftrued to eiloo iS^
er any perfon or perfons*frorii f)roceeding in the ufiia! coiiVfe df law, if he, (he, or^th'ey fhail deeln
the fame necefiary." And fVovided atfo, Tlizixxi i.\\ -^*'--~^--'' '^'' ' '' .. .. . 4
.--,,., ,^ -,. .. . . cifes where a debt is due, upon bond, hotfe, or other*-
wije, with a penal fum, and a part thereof paid inpa^er currency,- then and in that fcafe/ tb^s a^ (hall
not enable or lulFer the creditor io take any' ftitti but ofthe peiialtyi-^or %q conftrued ■ to affed the refidiie
of faid debt ; any thing 16 thp contrary" nbtwithftandingl' '' ■-'■ - " --'v-.^^^- 's .■•<:•■ r ■:-■ -. ■'•-• >
Xiy. Prc-uided tieverthele/s. That nothing in this aft fhall be conftrued to enable any perfon or per- The aa not t^
n nv mpmfplrAe rvr ^^>oir orro^ifc nv tt-i-nrnXi^c Vso.',,ii. WW ^Cr-b-j.^ ■ »._ I : /".-^ r if * enable anv Der
fpns, by themfelyes or their agents or attofnies, • heirs of affi|ns,' to bring fuit for any lands,*^ tenements or
jf^etedltaments, on any aaions of detihiie,' trover irfdconverfion, 'on any bond, notei or other 'confraG tvith"fof
or agreement, or to have any judgment upon any fiich fuif" or aiSion, if it Ihall appear to the' court that the conh^ca-
^e plain ti:T in fuch fuit or a£Vion, coihes within'the defcriptiort of any of thfe la wfe" Commonly called the "^ °" a,<as, or an
i ccpnfifeation laws, or being ^ffigriee of any perfon coming^within the'afdrefald defcfiption, bt have with- brin^"^-"'fc»
drawn themfelves from the conimon defeflce of the country during the' War 5 and that ^11 fuits coiiimenc- ^' '^ ^""'
,ed in any pf the courts of law or eq^uity in'thisltate, formed upoii any fuch fuits" for any knds and tene-
jjients, or hereditaments, or any aftion of detinue, trover' arid cbhveirfiohj or on atiy bbnd, note, or g.g the tr
ptiielr contra£t, agreement or Recount, by ^y-peirfon iiicludedwiihin the'- defcripti^^ of the afotefaid of^uce.lnd
laws corrimoiily called the (fonfffcataon laws^ fliaU be' declared huliatid ford; and' ho judgment Ihall be ^''^'^- *• '
obtained thereon. ':■:>■■■- ..•--:> . > „ . ;.. . >
^n q^ io ir,deqtnify fucb pefrfons as }?aye aSledin defence of the ^ate^ and far the prejervation of peace durin
the late nvar, from v'exdtious fuits artd pi'ofecuiion. '■'•'"" (v.tt Y v :^,o f>f^'^i
WHE|lEAS dufing the late war with Great-Britain, which begari brt or about the twentieth day
of April, in the year'ojfouf loird one thoufand feyen hundred and feventy-fiv^, divets dfficeVs
pf the army, q$?ers of the militia, juftiees of the peace, and othei-oiHeers and perfons well affedled to
the freedom anu independeiice of the people, in order to 'enforce and proteft bur preffe'iit hisppV eftab-
^Ijtlhment and the peace of the ftate, and to fupprefs ard put ari end to thevrar, :ippreh6nded and put
into cuftody and imprifoned, orcaufedtobe apprehended, put into cuftody or imprUbned, feveral cfi-
jnjnals, ttaitojs^nd others, whom they fiifpefted had, or niight adhere to'th6 enerhieS, where iri open
rebellion, or might difturb the peacie of the (aid ftitev ol exdif^ and prom'bte evil defigris againft the fame
and alfo fejzed and ufed horfes, arms, and other articles, and alfo imprcfled divers waggons, carriages,
,horffi.s, arms, proyifipns and other things euentially neceflary for fupplying troops in the fervice of the
Unjte^ States, or of this (late, with arms, provifions or forage,'or for recovering any military ftores,
/prage.or baggage, either for repelling the enemy, or their adherents, and carrying on the Warj and for
tf>g CHAP. 5.
indemnified :
11. Be it therefore enaEJedh'j theGentral AJpmhly ofthefiate ^North-Carolina and it is herehy cna^ed hy the Persons in* ■
. authority of the famfy T^hat all perfoiial anions and fuits, in'diflm'ents, informations, and all fhofeftations, d^miiified'
profeeutions an,d prcceedings w;Iiatfoever, and all judgtnents thereupon, if kny be, foir or by reafon'of
any matter or thing advifed, commanded or appointed to be dori6 or executed, in confequence of and du-
ring the late war w;ith Qreat-Britain, and until the ilrfi day q'f Mafy, In th^ year df Our Jord one thoufand
feven hundred and eighty-three, in order to repel the e'rtemy, carry on the war^ or to preferve the peace
fafety, and independence of the ftate, ftiall be difcharged and made void j and that every perfon by whom
any fuchafl, matter oi: thing, (hall have b^erifd ad\i*ifed;'colhmand'fed, appointed or done, for the pur-
pofps .af9reiaid, gr any of them, before the faid firft day of May, (hall be freed and acquitted, and in- Such persons if
derrinified as\vell,againft the ftate,' as agalnff 'ill aridWery perfotkor perfons : And if any aftion or fuit s"^^'"' pj'ose-
jliath'been, oir fhali be comrnenced of prbfeciited againft any perfon or petfons for any fuch aSt, matter piiJad'tre*ge.
or^t to adyiledj commanded,' ap'pbihted 6r AdiieV ffir the pUtpofet aforefiid, or any of them,' be- neral issue, and
'^^ore t^eTald fi'rft day of Miy, hei' fhe, or' they may pleact the general' ■i{rQei''aftd ;give this a£\:, and the 8've<hisaa,
- tppciat^natters in eVidenc^, arid' if' the pl^i'ntift bir plairitifts fliall befebrfie 'tioff^fiisted^ or forbear farther a^ncT.^'""
S30 1783.
CHAP. 6.
1785, 23.
17«a, 4.
Offerees obli.
viated.
Proviso.
Exception.
Persnnsvho
have takes pa-
role to continut
suspended.
Frcviso.
CHAP. 7.
Tem])orary.
CHAP. 8.
profecution, or difcontinue his or their fult, oi if a verdi£l (hall pafs againft fuch plaintiff or plaintiffi,:|
the defendant or defendants (hall recover his, her, or their full cods, where he, (he, or they fhall have |
the like reme.ly, as where cods by hw are given to the defendants in other cafes. Provided, That no-
thing in the foregoing aft Ihall be conftrued or intended to juftify any perfon whatever, who Under pre-
tences of public fervice ftiall have diftrained and taken any thing or things from the citizens of this ftat6, .
and eonverred the fame to their own or any other perfon's ufe, hut the right to fue and recover damages.;!
from all fuch perfons, is exprefsly reierved to the citizens of this ftate ior (uch mal-verfations.
An act of pardon and ollivwti. j!
HERE AS it is the policy of all wife dates on the termination of civil wars, to grant an a£l of pir-* 1
don and oblivion for pall offences, and as divers of the citizens of this ft?te, and others the in-ji
habitants thereof, in the courfe of the late unhappy war, have become liable to great pains and penaltieail
for offences committed againft the peace and government of the (late, and the guneral afTembly out of an fi
earned defire to obferve the articles of peace, and on all occafions difpofed to forgive olFencfis rather thail"'|
punifh where the neceffity for exemplary puniihment has ceafed ; '%
II. Be it therefore enariedhy the General Affembly of ibejlate of North-Carolina, and it iy hereby enacted iy tbe%
authority of the fame. That all and all manner of treafons, mifprifion of treafon, felony or mifdemeanor»||l
committed or done (ince the fourth day of July, feventeen hundred and feventy-Cx, by any perfon or per- ;?
fons whatfoever, be pardoned, releafed, and put in total oblivion. >||
III. Provided always, That this aft, or any thing therein contained, (hall not extend to pardon or A\(-'ii
charge, or give any benefit v/hatfoever to perfons who have taken coramilTions, or have been denomi-|'
nated officers, and afted as fuch under the king of Great- Britain, or to fuch as are named in any of the
laws commonly called confifcation laws, or fuch as have attached themfelves to the Britifh and continued
without the limits of this ftate, and not returned within twelve months previous to the palTmg of this aft;
Provided further, Thit nothing herein contained (hall extend to pardon Peter Mallette, David Fanning,
and Samuel Andrews, or any perfon or perfons guilty of deliberata and wilful murder, robbery, rape, orl
houle-burning, or any of them, any thing herein contained to the contrary notwithftanding. Provided}
neverthelefs. That nothing in this aft (hall be conftrued to bar any citizen of this ftate from their civil ac-
tion for the recovery of debts and other damages. Provided alfo. That nothing herein contained fhall en-
title any perfon by this law to be received, to eleft or be elefted, to any office or truft in this ftate^ Of,|
to hold any office dvil or military. \
IV. Whereas by an aft pafTed at Wake court-houfe, all officers civil and military, who had taken pa-|
role, were fufpended from the execution of their refpeftive olfices, and required to appear at the nextf
general afTembiy to (liew caufe, if any they could, why they (hould not be removed from faid office ; and
whereas feveral of the officers aforefaid have neglefted to appear agreeable to the requifition of the aft;
of afTembiy ; Be it enaBed by the authority ajorefatd. That a I fuch officers, both civil and military, is here-,
by declared to ftand fufpended from the execution of their feveral offices, until they (hall appear at fome ■
future afTembiy, and be reftored to the execution of their refpeftive offices, or removed agreeable lo theiri
merit or demerit. - \
V. Provided, That nothing herein contained (hall be conftrued to exclude a juftice of the peace fromf
executing the duties of his office, who (hall make it appear to the fatisfaftion of the court of his county,]
by outh or otherwife, that he was taken prifoner without his confent and privity, and that after his cap-|
ture he had not voluntarily ftayed with the enemy, nor taken an aftive part in any manner, by furnifh-v
ing them willingly with provifion, bearing arms, or accepting any appointment in their civil regulation8.j
An a£i iofufpend the operation of executions ^ for a time therein mentioned.
An aB lo prevent vexatious suits, aif^ to confirm the rights and titles of sundry citizens therein mentioned. ^Ij
"^"^HEREAS during the late invafionof the ftate of Georgia, contrafts were made by the governor If
, , and council of Georgia^ with feveral of the citizens of this ftate, for hotfes and other valuable'*]
property to mount their dragoons, and other public purpof^s, the more effeftually to oppofe the com-
mon enemy ,• and whereas the faid citizens of this ftate have received from the public officers of the faid <
ftate of Georgia, by ord^r of their -governor and council, feveral negroes and other property heretofore
belongmg tp the fubjefts of that ftate, in payment for horfes and other property as aforefaid ;
w
11. Be U therefore ena^5led by the authority oj the General Ajftrnhly of the J}ate of North-Carolina, That if a- J 783. 33 1
»y citizen of this ftate (hall be fued for any negroes, or other property as aforefaid, obtained from the (.^^v^O
governor and council of the ftate of Georgia, for horfes or other property fold as aforefaid, fuch citizens Evidence
ihall be allowed to give in evidence fuch contraft, and if the fame fliall be proved to the fatisfaflion of '" ^"'"foTP'o
the court and jury trying the caufe, a verdi£l: and judgment fhall be given for the defendant , any law, ^Jm the Go*-'*
euftom> or. ufage to the contrary, notwithftanding. vemorand
Counalof
An a^ to inhibit and put an end to the entering up judgments on bonds commonly called jwlgment bonds. chaI'*9
WHEREAS it hath been heretofore ufual for perfons to enter up judgments on old and dormant
bonds artd other writings, with powers to confefs judgment thereon, by any praftifing attorney
in any court of law, without previous notice to the debtor or debtors to make his defence, and enable
fuch debtor pr deijtors to produce his or their releafes, receipts and other acquittances, by means where-
of much fraud hath been committed, and the good citizens burthened with heavy judgments and cofts,
without any relief but by an expenfive courfe in equity : for prevention of fuch abufes in future,
Yi...Be it therefore enacted by the General AJfembU of theflate of North-Carolina^ and it is hereby enacted b^ Judgneni
the authority ofthejame. That from and after the paffing of this aft, all judgment bonds, notes and other '^^""s void a*
writijigs, with power to any perfon whatever to confefs judgment thereon, (hall be and are hereby decla- enteritt''im'°^
red utterly void as to fnch power, but the fame proceedings (hall be had thereon, as on common bonds judgra&it,
;md penal notes.
An met to amend the ajfejfment law pnjfed lafl affembly at Hill/borough. CHAP. ICf*
WHEREAS in a time of war it was neceflary that all perfons refufing from a confcientious motive Ante p;.3li
to bear arms, (hould be taxed heavier than thofe who actually performed military fervice, in con-
fequence whereof the Moravians, Quakers, Menonifts and Dunkaids, were taxed in a three-fold propor-
tion ; and whereas by divine providence peace and harmony are once more reftored to the ftate, by which
means the caufe for fuch unequal taxation is removed ; and as it is contrary to the fpirit of our conftituti-
on that any citizen (hould pay an extraordinary tax on account of religion :
II. Be it therefore enacted by the General Affembly of the flate of North-Caroiinoy and tt is hereby enacted by Repealti?
the authority of the same^ That fo much of the a(reflrnent law, paffed at Hillfborough, in the year one thou- clause.
fand feven hundred and eighty-twO, as relates to the extraordinary taxation of the Moravians, Quakers,
Menonifts and Dunkards, be and is hereby repealed and made void.
, III. And whereasmany of the citizens of this ftate, have hitherto refufed and neglected to take the oath Pen, for refus-
■ or afiirmation of allegiance by law prefcribed, and therefore have not any right or title to indulgence ; Be '"g to ukethe
it therefore enitSied by the authority aforesaid^ That all perfons citizens of this ftate, who have not taken the g^^* °^ '"*'S''
oath or affirmation of allegiance by law prefcribed, (hall take the fame within fix months after pafTmg this
aft, and all perfons refufing or negleftuig to take an oath or affirmation of allegiance as aforefaid, (hall pay 1784, i9.
double the tax.
IV. And be it further enaSiedby the authority aforefaid, That no perfon (hall be fubjeft to a greater taxa- unequal tax
tion, in proportion to his taxable property, by reafon of his being exempt by age or infirmity from military taken off.
fervice, than other the citizens of this ftate, Pt ovided, Th&t no perfon who has come to the age of fixteen
years fince the titnelaft prefcribed by law for taking the oath of allegiance, (hall be deemed to be within
the meaning of this claufe, they having proofs of their fidelity.
V. Provided also. That nothing in this aft fhall be conftrued fo as to permit any perfon who has been in p^viso.
arms againft this or the United States, or joined the enemy thereof, to avail themfelves by taking the oath See Treaty of
fo as to become citizens of this ftate. , Peace, andael
VI. And whereas in feveral of the counties in this ftate the colleftors have refufed or neglefted to give '^'
bond for the colleftion of public taxes agreeable to law ; Be it therefore enabled by the authority aforesaid, \^^ll^^'
That in all fuch counties the (herifi^(hall, and he is hereby required to colleft all fuch public taxes as may
be now due and owing from the inhabitants of his county, and pay the fame into the public treafury of his
dislrift on or before the firft day of Oftober next, after dedufting his commiffions, which are hereby de-
clared to be at the rate of five pounds for every hundred pounds he may fo colleft and pay as aforefaid.
\ II. And be it further enabled by the authority aforefaid. That fo much of the before mentioned aft as di- Repealing
refts the particular form of returns to be made by the afleiTors of taxable property, be and the fame is here- *='*"**•
by repealed. ' "" ^^_ .._■-_
332 m9. VIII. And wlicreas tlve tax. gatherer* in this ftate are l;ay e by la%v to forfeit their com.mifnons, and to !
'X^ pay the whale amount of the tales by them to be collea.ed on the firft day pf February u. each year, aj,4 ^
T«.g:^u^ LJ^^ous to that day they have no power to levy thetaxe^by diftrefs, and fale of goods and chattels of d^i
T^ Uvv by ; „,, ^ i, ,,J,,fJ emSied ky th, authorUj afo e.aid, That the tax-gatherers may, and they are hereby ,
^r"^ '^^ empowered to levy the taxes by diftrefs, and faie of gop.ds zpi phattek of aJl pexfohs who being laNvful^ ^j
taxed, (hall negleS or ref ufe to pay the fame on or before the firft day of 3 anuary m each year ; ana & ;
much of theafw^faidafl-^ijrmeiwl&v? »& chines within the purview of tnis aft, ishtreby lepealed and mad«'|
void. I
< H AP 11 ^« ^^ *& tf^orce the aitettJsfice tfjurcrs « this Sate, tg prmdefpr their suj^ence «> atttndingy ttha to asetrtai^ ^
K./2*93lk the p3^ of witneps atte»ditigco^rtS)gii^ other purposes. |
155. ' '.-v-rTHEREAS the above purpofes have not hitherto heen fu^dently provided for : . %
Pen for not,- VV ". Be it therefore epa^dby the General Aff^trib^y ofthejlate of North. Carolina, an^d rf ts hereby enaSh |
arrenda. ce of ,d%\h^ authority ofthefarjie, That every jaror who Jhall bp b^r^esfrer appomted by any of the county courtjil
J" ""*• within this ftate' to attend at any of the fuperiqr courts, and fhali fail to appear acpordmg to tlie fummons, -!
'r,iorofi".cv> ^^^ .^ j^.g attendance, Ihall forfeit and pay ten po,unds f|),eci.e ; and every perfon appointed by, and duljr ii
7^f^a^£, fummoned to attend any county court, who fhall fail or np^lea to Jittend fuch court as juror, Jhall forfeitSj
Jti, a iitii and pay the fum of five pounds fpecie \ which forfeitures fhall be afleflfed by the court to which fuch per- 1
Itkt th,> theau. ^^^ ^^jj ^^ returned a juror, and recovered and applied as fines are direded in an ad of aflembly, entitlei^
*MJ^tlMu « An aa to provide indifferenrj.urymen, 3ce.^" and appropriated to the fame purpofes as in the faid ad is|
Zd 1 bel^-*^^. direaed. Provided, That each delinqupnt jurymap Ihall have till the next fucceeding term to make hi8|
mtb i<ropriety, ^^^.^fg ^^ jj^g judges or ^uftices of the fald court, as the cafe may be, for his non-attendance. |
'i"' ',!•' r/re 6 ill. And be it further emSiei by the authority oforejqid, Th^t every juryman who fhall attend agree^blp to|
^nte p 279.' "fuch fummons ^ any ef the fuperior ppprt?, .fliall be allowed for every day's attendance the fiim of e,ght|
7he^llov^ance fhiiiiics fpBcie, and the like fum for every thirty miles he ftiall travel in going to and returning from the|
iT^' 199 faid court,%nd fuch fums as (haj) be npceffarily expended by him in croffing ferries ; and every juror fhall|
Vol. .. 199. ^^^.^^ ^>^ ^^^^ ^^^^^ ^^^^ ^^^^ ^^ ^jg^j. ^f ^i^g ^.oyrt, a certificate for the fum he may be entitled t<^
S,rfSe! and receive, in which ticket the purpber of day? fuch juror hath atjepd^d fhall be exprefled, and alfo the num^
bepajoutof , bet of miles he may have travelled, together vvjlh the charges cf fernage, where any may have been exM|
the county tax. j^jg^j ^y him, which ticket ftiall be paid out pf the county tax of the county wherein fuch juror refideSA^i
Wiipef^ets irf- i\r Jtd be it further emaed by the authority dfonfaid. That each perfon who (hall attend ahy of the faH||
, te,fl,« « W. f„ i^r or county courts $s a v^itnefs, (hall tie allowed for each aijd every day's^ attendance, and for every|
VU. 2.199. jj^f^ ^ji^ j^^ ^„ travel .gping to and returning from the faid court,-the fum of eight fiiUhngsfpecic, ar^
for every dav'^s attendance onthe county court the fum of four (hillings fpecie, to be paid by the party caftJ|
Ilestrctkn on a„d i«ferted bv the clerk in the.taxation of coft§. Provide , That the party caft ftiall not be obliged topayl
the costs. f^j ^^^^ jj^^p j^o witnefTes to prove any fingle faa ; and the attendance of witn^ffes as to the number of/
lUw «terd. days ' ftiail be afcertained: by the p^th of the.witnefs, to be ma^e ?t ;he^coHrt at which the caufe is determmW
ance proved ed, or withm five days after before the clerk of the court. - „. , ju .i..
Pen forr^n. V. ^^nd be U further enacted by the authority ^oreMd, That when any perfon Jiall be fummoned by tf-i
attendance M»4a^fulo(ficer to attend any of the aforelaid courts as a talifm,an, and who ftiall fail to appear and give bH
talisman, attendance during the day for which he is fammoned;, ftiall be afnerced at the difcrelivn of the court, nft
exceeding twenty ftiilUngs fpecie, ?nd the court ftiall order the clerk forthwith tpifi^? an execution a|;aimi
Che ^body or goods of the dfiJw^entri^r lii.qb *i^^^
CBAP. 12. An aa to mfov',^r tkejttfiiees of the county courts 4o afipQi,i>i^,mnty cttorn^ afid/olkitcr to pt^ffcutt
Bep,l7a4,3L forthejiattin the county <:ourts,. and tor the pnrpojtof R,ppo%nUv^ ajalary aid' the fees oj thfi/atlori
neyttfid folicilor, and other, purp<f<h <
CHAP. 13. An a-a^Mr ■appointing com-WlffiAn^rs (o taie into ikeir prJ^ffio,v;/i'»dry ariicles of public property, ani
to fecure tke fame frrm emb£zzUmeT>t ovfl fvyth r wiflf. i
WHERE-AS thereis4n.raaay p^rts of this ftate a pumber.of cattle, liorfes, wagjTons, fire ^ms, clo^h* ;
ing, and liindKy other articles cfpuhlicprpperty-i^nhe-hands of' individuals^ .or running at large,
which are no longer neceiTary for public ufe : .„,..,,. ,. • , , ^ j l \l i
Sheriffstoccl- jj jj^ j-^ therefore enaBfd by the General AJftwbly ofthepte of Ncrth-Carohna and tt is herebyenaa^d >by the 1
ptojLnj?""" authority of the same, ^'lat the fliorifi-s for the time being of the refpedive counties in this ftate, ftiall be, and I
they are l^iereby appointed commiflioners, each in his proper county, to collefl and get into their pofleflion 1783. 333
all the cattle, horfes, arms, ammunition, waggons, carts, and all and every other article of public property, Uo-v^O
which may be running at large or in the hands or pofleffion of any other perfon whatfover in his faid coun-
ty, other than fuch property which may be in the hands of the commiifFioners of conrii"cated properly ; and j^^^^^ power,
for that purpose the aforefaid commiffioners refpe£tively (hall have power to appoint one or more afhftants,
as they (hall find neceffary, and {hall allow them rgafonable wages for fuch fervice as they majr perform
•in the bufinefs ; and the aforefaid commiiFioners {hall refpeflively in their couaties, have full power to call
upon, and demand from all perfons in whofe cudody or poireflTion any of the afore- defcribed articles may
be to deliver the fame, and on refufal or negleft tlie faid conimiffiouers are heret^ authorifed and required i„t"o"delWer
; to commence fuit in the name of the ftate, in any of the courts of law in this {late naving cognizance there- sued,
«of, again{l fuch perfons as may bold and refufe to deliver, or whom he may fufpe£t or know to have em-
bezzled any of the property aforefaid.
III. And be it Jurther enacted by the autJiority o/Jr^/aiJ, That the faid commiflioners (hall fell, or caufe HjwsoM.-
to be fold, all and every fuch article as may come to hjs possession or knowledge, at public auc-
tion, at the court house of the county where fuch property may he, after giving notice. thereof by ad-
t*er.tisemeat at least twenty days before the day of sale, and at five different places within their refpefti-
ive counties where it may be moft notorious, and ihall receive in payment therefor fpecie certificates, and
' currency certificates, agreeable to the eftabliflied fcale of depreciation ; and the aforefaid commiffioners Proceeds how
-fliall within one month after fuch fales, pay all fuch nionies and certificates which they may or ought ^P?"*=<i-
to receive, into the public treafury, after dedu6ling therefrom his own commiflTions and the necellary xo render an
charges and expences expended by him in the profecution of the bufinefs, and fliall alfo render to the account to the
diftrift auditors a true and fair account upon oath of all the fales he fhall make in virtue of this aft, in '^'s*"'"=' audU
'•VRhich account aJf expences and expenditures ihall be clearly diilinguiflied and entered.
IV. And whereas there is in many.counties in this ftate quantities of fpecific articles in the hands of the Ppw^er of corn-
county commiffioners, {heriSs and others, which have arifen from the taix for the year one thoufand feven "'"'S'^'^^"'
hundred and eighty* two ; Be it therefore etia£t(dhe the nutharit^ afoivfaid, That the comrnifTioners aforefaid
' in their refpe£live counties, fnall receive from all and every perfon that may have fuch fpecinc commodities
an their poffeflLon, all the faid ar,tioles, which fliall be fold at the public ftores where the fame may be
-lodged by the faid commifiioners refp&ftively, agreeabJe-to the direftions of this. a£l. .
V.' And be.it furtiur ena8ed by the authority af or efaid,yhit each and every commiflioner a£ling undet Allowance,
this law, {iiaJi receive for his trouble in attending the fales, keeping the accounts, and every other fervice
ineccftary, two and an half per cent, upon .fuch fales, over and above a reafcnable aHowance for his time
. and trouble in coUe£ting and removing fuch property as may be neceflary to be cohered and removed
. which alloM'-anoe fhall be adjudged: of and made by the diliridt auditors upon fettlement of his account.
VI; And be it further enoitfd by the atUhoritjnfortfaid, That every flveriff before he enters upon the execu- Sheriff to give
.tbn of the duties afiorefaidi, fliall give bond with fufBfSient fc-eurity in the court of ins county, or before ''°"'^'
-any ti^eejufilces.of the county, pay^le tp tlie governor for the time being, and his fucceiTors in office
in the fum of two thoufand pounds fpecie, for the faithful difcharge of thofe duties, and fuch bond fhali
be given as foon as may he after llie paifling of this aft.
VII. And be it fuKiher enacted by the authority aforefaid^ That the (heriffs of the feveral counties of this Power to r«).
ftate fliall apphs and they are herebfy required to apply to the officers commanding and holding any "'^^ ^J^^*^ s*'*
Vfpublic.arms OT: military itQJ;es.atthe^di{]:i:ift, towns of magazines, for an equal portion of fuch arms or **"^^' ^'
military ftores, and fliall fell the fame according to,the foregoing directions -, and fuch flierifffhall return
-an account of fuch f;des on oath to the next general alTembly, and (hall be allowed for the fame by his
■. county court as an extra officio fervice i and the officers delivering fuch arms and flores to the feveral
rflterifEi within his diftrift, fhalj take their, receipts for the fame, and fhall return a true account of the '
. number of amis and quantity of milita,ry ftores bf him d^ivered to the fevcra) flierifFs to the next general
'/affembly. .,
VIII. And be it further enaBed by the authority aforefaid^ That nothing,in»ithis afttcontained fhall.pre- ^fflcei-s, &c,
'duds the officers and foldiers belonging to ^ cpntioeptal line of thw'ilate from drawing, rations; aB&.,t'!''>' ^^^'^ •*?
forage due diem until the fale is i]nade. " r . ^-.'nons.
Vol. I. 4 Q
w
S34- 1 783 . ^» fl.5 io amend an a^paffed in the year of our lord one thiufand /even hundred and fort^ one, entitledt " An a£i !
concerning fervants aftd (laves." \
'HEREAS the mode direfted in the faid a£t for the trial of flaves where the offence may be of '
afmall and trivial nature, is found to be attended with delay, great lofs of time, and expence to ■'•
the owner : For remedy whereof, _^
II. Be it therefore enaBed by the General Afjemhly of thejlate of North-Carol'inn, and it is hereby enabled hy \
the authority of the fame, That where any flave or flaves (hall hereafter commit any mifdemeanor or offence i
which is not by law declared capital, and which in the opinion of the juftice or juftices before whom 5
fuch offending fl.ive may be carried for examination, (hall appear to be of fo trivial a nature as not to de- '
' ferve a greater punilhment than a fingle juftice of the peace is by this a6t empowered to inflict, fuch ;
juftice fhall, arid he is hereby authorifed and empowered forthwith to iffue fubpoenas if neceflary, to^
n4 punis e . ^.Q^pej ^j^g attendance of witneffes, and proceed immediately upon the trial of fuch flave in a (ummary !
way, and ro pafs fentence and award execution ; provided the puni(hment extends no further than by .1
ordering the offender to be publicly whipped not exceeding forty la(hes : And where the offence for
which any flave (hall be apprehended, (hall appear to the juftiee or juftices to be of fuch a nature as to j
deferve any other or greater punifhment, fuch offending (lave (hall be committed to gaol, and Hand his \
or her trial by a court in the way prefci ibed by the afore-recited a£t. |
Any justice HI. Provided, That upon all trials of flaves before any juftice of the peace, for any mifdemeanor un- |
ira> assist. jgj. jj^jg ^^^ ^^^ other of the juftices of the county where fuch flave may be upon trial, may if they think '
proper, (it upon and alRft in the examination and trial '
IV. & V. iProvided for by ao% November, 1788, Ch.7.2 \
w
CHAP. 15. -^ff o9 to vejl the courts of. the fever al counties in this flate nvith power to call to account, as therein mentioned j
the commfftoners of confifcated property for their refpeBive counties. 1
'HEREAS it may be neceflary that the courts of the refpedlive counties in this (late be vefted \
with power to call to account the commiilioners of confifcated property, where fuch have been
appointed : ^
Corarenssioners II. Be it therefore enaSted by the General Affemhly of the flate of North'Caroliniy and it is hereby enacted by
of confiscated thea/.thorityofthefame. That from and after the paffmg of this a£t, the courts of each refpe£l:ive county
to make're° within this (tate (hall, and are hereby declared to be fully empowered, and ftridliy required and enjoined
turns, &c. to caufe that the commiilioners of confifcated property, fherifFs, and other olBcers having confifcated pro- :
perty in his or their poffalfion for their counties, make return to the court on oath, at the firft court
which (halt happen after the firft day of Auguft next, of all and every fpecies of public property which
may have come to their hands, or being in their poffeffion as commifTioners aforefaid, together with an
account of the difpofal of fuch property, fetting forth to what ufe or ufes each individual part thereof i
hath been appropriated, one fair copy of which (hall be filed by the clerk of fuch cour^ in his office, \
and one other fair copy (hall be by fuch clerk tranfmitted to the comptroller general, under pain of ,
forfeiting for each negletl the fum of twenty pounds fpecie. .'I
In case of re- III. And be it further enaSied by the authority aftrtfaid. That in cafe of the neglefl or refufal of any ij
iasafrqjort commiffioner, {heriff, coroner, or other officer, to appear and make return as aforefaid when thereto '^i
the^attMney. " required, the court of the county in which fuch commiflioner refides (hall make report thereof to the j
general, Etc, attorney-general, who (Irall thereupon commence an a£bion for the forfeiture of iuch officers bonds, which ]
report (hall on trial be deemed as fufficient teftimony againft fuch officers.
Courts may ex- IV. And in order to enable the county courts to do,the more ample juftice to the public, and the more '
a^ine My fjer. £^Uy j.^ inveftigate the feveral matters ani things coming under their cognizance by virtue of this a£t, Be j
it enacted. That they (hall, and are hereby declared to have full power and authority to call before them, !
and examine on oath, all and every perfon or perfong whom they may think proper, touching the<
conduct of the officers aforefaid, and after fuch examination had, (hall proceed as to them (hall feem
juft. ;
ComptToBcT to V. Ani be it further 'enacted by the authority aforesaid, and it is hereby declared, Th it this a£l (hali not be J
•djoBt tiic com- conftrued as empowering the county courts finally to adjuft and fettle the accounts of fuch commif* |
wunw"*" '^^' oners and other officers, but that the fi*me (hall be fettled and adjufted by the comptroller general of thi« • .
ftate.
An aB to emend an a£i pajjed at Newkm, the fifteenth day of November^ in the year one thoufand feven hun- 1783. 335
dt'ed and feventy-f even, for making prov fan for the poor, and sther purposes. '.^•>r^*J
WHEREAS it appears to this aflembly that the before recited act does not anfwer the good purpo- chap. 16.
fes that were thereby intended, whereby many of the poor people of this flate, who are proper l^ol 2,45.
objefts of charity, are fuffering for want of necelTary fupplies for their fupport : irs^'if' ^^*
II. Be it therefore enacted hy the General Apmbly of the fate of North-Carolina^ and it is hereby ennctcd by Overseers to
the authority of thefamey That the overfeers of the poor ia each county in this ftate, are hereby directed to lay a tax.
lay a tax annually, not exceeding one (hiiling fpecie, on every hundred pounds value of taxable property Ante p. ^33^
*rithin their refpective counties •, and alfo a f u n not exceeding one fhilling fpecie on every perfon liable
to pay a poll-tax within the fame ; which tax (nail be coUefled and applied, and be under the fame rules
and reftri£tions as the tax that was mentioned in the before recited a£t.
III. And whereas it appears to this aflembly that there are no overfeers of the poor ele(f^ed in many The inhabi-
counties of this ftate, and that they have not qualified according to law in others ; Be it therefore enaSied by tants to ap-
ihe authority aforefaidy That in all fuch counties as have not elected according to law, the iherifFs lliall, P"""^ '*^*^'^'
within feven months after the paflTmg of this aft, fummons the inhabitants to elefl and choofe feven good "''*"*
and fufficient freeholders, to adi as wardens of the poor ; and all fuch overfeers as hare been eledled and
not qualified according to law, (hall within the fame time meet at the court-houfe and qualify, after which \Vho are to
they {hall be under the fame rules, regulations and redridlions, as thofe who have heretofore qualified ac- 'laality. ,
cording to law.
IV. And be it further enaBedby the authority aforefaidy That all perfoDS duly elected, and on notice from Pen. for refus*
the (herifF refufing to qualify, (hall forfeit and pay the fum of ten pounds- fpecie, to be fued for and reco- '"S-
vered in any court of record, by the county truftee, in an action of debt, and the money fo recovered to
be applied to the ufe of the county.
V. And be it further enaBedby the authority aforefaidy That from and after the paffing of this aft, the O- To b; stilel '
verfeers of the poor (hall be (tiled and called wardens of the poor, and (hall in every thing be under the wa'deiw of ths
fame rules and regulations, and enjoy the fame rights and privileges as the overfeers of the pdor hereto- '^°°''
fore have or might have had.
VI. And be it further enaSIed by the authority aforefaidy That fo much of the before mentioned aft as Kepealinj
comes within the purview of this aft, is hereby repealed and made void. clause.
An additional aB to an aBy entitled^ " An aft to efl;abli{h a department for adjufting and liquidating the chap. 1 7.
public accounts of this ftate, and for appointing a comptroller, and other purpofes." ^o^- 2. 29.
I. DE it enaBed by the General jfembly of the fiaU of North-Car olinay and it is hereby enaBed hy the au- Comptrolier ta
_ JLJ thority of the famey That the comptroller be, and he is hereby empowered and author ifed to ad- *'^""n'*'e'" »«
minifter an oath or affirmation to accountants and witnelTes in fupport of the juttice of fuch accounts as Anw p*^3i4. '
may be exhibited to him tor liquidation, and certify the fame accordingly. '
II. And be it further enaBed by the authority aforefaidy That the comptroller (hall, and he is hereby di- To transmit to
refted to tranfmit to the attorney-general once in every fix months after the pafling of this aft, a lift of '*** a"wne/-
tlie balances which (hall appear to him to be due to the public from any of the inhabitants of tliis ftate, ff^^^^ °h" '"
and which ought to have been paid previous to fuch (ettlement, together with a copy of the account by UtoTSance*.
hina raifed againft fuch debtors, with the neceflary vouchers in fupport of the fame, and the attprney-gen- ^*='
«ral (hall thereupon immediately commence and profecute fuits againft fuch debtors for the recovery of
their refpeftive balances, in the fpeedieft manner the law will eftable him to do, which fuits for the ba- AftorBey-genc
lances of accounts (hall be inftituted in the name of the governor the time being, and on recovery paid to '*■ '" ''""^
the treafurer of the diftrift wherein the debtor refides, for the ufe of the public. ^'"'*
III. And be it further enaBed by the authority aforefaidy That on every fettlement by the comptrolier made. To grant certi-.
where the balance (hall appear to be due from the ftate to the accountant, the faid comptroller (hall certi- ^-^"* '°*^*
fy under his hand the true fttateof fuch. account, and the balance fo due, and (hall keep a fair copy of "'""*'"^' **'•-
; fuch certificate to be laid before the general a(rembly ; and in virtue of fuch certificate the perfon to whom
j a balance may be due, (hall have an equal claim againft the public with thofe who have, or (hall obtain
j auditors certificates.
! IV. ^ndbe it further enaBed by the authority aforefaidy That where any accounts (hall be exhibited into ^^y^^^^.
1 the comptroller's ofiice for (ettlement, and there (hall be therein charged any article or articles the pri- cles not a*i"r.
; c«s of whifih are not particularlyafcertaiaed by law, the comptroller ftiaU make fuch allowances as au- tainedby i»w,
i "'' " "■ . - - — — ... ji^^
Accounts to be
setiled in spe-
cie.
SS6 1765, (Ktors miglit do, and the comptroller fliali be governed In e^ery refpeft therein by theliw. rerpeaing 3U.'
i-»'-v^w ditors in fuch cafes.
V. And hf itjuriher enaElei hy the authority aforefaidy That all accounts to be fettled by the oomp&o9er
in virtue of this a£l, (hall be liquidated in fuch manner by the fcale of depreciation eflabliihed by this af«
fembly at the prcfent felfion, as that the balances both for and againft the accountants ihall be in fp^de,
and fliall, being fo adjuRed according to fuck fcak, be fued for and recovered in fpecie. ^ .
To distinguish VI. And whereas it is doubted whether tke comptroller is invelled with poAyers to fettle and adjdl
c-jntiuental ac- accounts of fuch perfons inhabitants of this ftate, as have received monies from the continental treafuujj
counts from ^^ ^^ applied to the ufe of the public in this ftate, or from the tieafury of this ftate to be appUed to cojb-
Mate^ tinental ufes J Be it ena^ed by the authority aforefaid. That in all fuch cafes the comptroller be, and he ii
hereby authorifed and empowered to fettle fuch accounts, and therein diftingtiifti the fame, fo far as m»j
be praclicabie, from the accounts which fuch perfons raa.y have for ponias received from this ftate.
To demand the VII. And he ii ftirther enacled by the authority ajorefaid. That the comptroller for the time being fliaM,
public bDoks and he is hereby authorifed and direded to call upon and demand of the feveral boards of auditors, diftrifl
and vouchers, treafurers, the commiffioners of fpecific taxes, the commiffioners fuperintendants, and all others concern^
^<=' j.^ in tj^g management, colleaion, or difpofol of confifcated eitates, the clerjcs of courts who pafled "*-
accounts of commilTioneJ s of confifcation, all perfons who have afted as quarCer-mafters and comnjiffar
and all others in the ftafF department, as well as all other perfons whatever, who have in th^r handi
cuftodv or poffeffion, any books, accounts, vouchers or other papers, belonging to the -ftate relative \\
the public accounts, to the end that he may be able to make a true and juft ftate of luch accounts ; and
Proceedinsup-^^^^^g^ j-Qj^Qj. j.fg„g;„ ^hofe hands, cuftody or pofleilion, fuch books, accounts, vouchers, o^j
deliver &:r.'** Other papers may be, ihall refufe or negleft to deliver the fame to the order of the faid comptroller, fuofiS i
perfon or perfons fhaU forfeit and pay for each and every fuch negletl: or refufal, the fum of one hundre^-^
pounds fpecie, to be recovered before any jurifdidlion haying cognizance thereof, by any perfon wJio flia
fue for the fame, to his own u(e.
An aB to amend an aB paffed at HiUJhorough, the twelfth day if may, in the year one ihcufand feven hundred aM
ei^ht^ tivoy entitled "An aa for the relief of perfons who have luflered, or may fufFer, by their deec?^
and mefne conveyances not being regiftered within the time heretofore apponital by law." _ ■ ^^
WHEREAS by the before recited aa there is no provifion for the regvftration ot grants obtamed fol'
lands entered in the late land-office, under the prefent conftitution ; and wiiereas many good peo-
pie may be greatly injured thereby ; ,,.■,„ ckt i r r > -. • ? , ,, i
II Be it therefore enaBed by the GenerqJ AJJhmhly of iheflate oj North Carehna, and 'it u hrely enacted by toe
authority of the same,i:\i?X all grants for land entered in the late knd^c«unoer the prefent conftitutioi,
which have not been regiftered within the tim(?s heretofore appomted by law, (hall be admitted to reg^i-
tration, in the fame manner, and under the fame rules and regulations that deeds and mefne conK-yanccs
in vinuo of the before recited aa are, and fliall be as good andva'id as if they had been rogrftered wuiun
ihe time heretofore appointed by law, any thing to the contraey notwithllandmg. . , . , ^
III Ard be it fuither enacted by the authority aforefaid, 'ihat all grants of lands obt;v.B©d. as aforefad, and
which have been rcelftered fince the e^cpiration of the time by law appointed, lor their being rcgifter<3d,
.fhallbe as good and valid to all intents and pui;pofes, as if they h^ been regdkrcd within the time afore-
faid.
An a5l for allowing fala/u'S to tl^ governor Je^rttary, and other ofjicers of fiate, and fcr other purfafes.
V A ND, vrher^as the nineteenth feaion of an ad of the general aflembjy, paffed in May, m the yenr
/\ onetlooufand fevcn hundred and eighty-two, entitled « An ad diredivg the fale of confifcated
eftatM "hath been fo raifconftrued as to lead the county courts into innumerable errors, and hath been found
extremely iniuviaus ; and the laws heretofore in force for. proceedings by attachment againft abfentees,
:and taking adminiftratjon on the eftates of deceafed perfons, being fully adequate to give rdief to every
creditor who hathany legal proof of his demand : Be i{ therefore enM by the authority nforefatd, That tlw
-faid nineteenth feaion, or claufe of thfi faid aa, entitle^ " An apt direawg the fale of confifcated eftates,*
he, and the fame is hereby repealed, and declared null and void. . , •
VI. And whereas it has pleafed the almighty God to bl^fs Uie United States with peace, and a happy
jntercourfe with all the fubjeas of the King of Great-^nts^in ) BQt therefore enaSled by the authority ajgtk^
CHAP. 18.
Ante r.. 30'.
Provision for
^ertainnauts
oi Ijipd.
All rcglsteted
h^^etofpreto
be valid,
CHAP. 19,
All b.ut the
Iwo last ^ pro-
vided for by
E'ubstqucnt
"aas.
Hepealing
(Clause.
Anfie p, SIV
Afls snspend-
4A. ' "^
faiAy . That an a£l entitled " An acSl to empower the court of Admiralty of this flate to have jurIfdi(flion in HSS. 337
all cafes of capture of the fiiips and other veOels of the inhabitants and fubje£ls of Great-Britain, to gftablilh t-K-vO
the trial by jury in the faid court iu cafes of capture," be fufpended ttU^the end of the next General Affem- -^"^e p. 2-13^
biy.
An aB for facilitating the navigation y and regulating the pilotage of the feveral ports of this (late. CHAP. 20.
WHEREAS the commerce of this ftate has been greatly injured by the impofuion, extortion, infuffi- Val. 2. 'sCsr,
ciency and negligence of pilots, and for want of flaking out the channels within the ports of Bath- 98, H2, I85.
town, Rainoke, Beaufort, and Brunfwick : For remedy whereof, 2 ''l784^5 ^'*'
II. Be it therefore enaSied by the General AJfembly of the Hate of North-Caroliaoy and it is hereby ena6ied by the ^j^q^ 5V) '
authority of the fame/Ihzt Nathan Keais, Thomas Alderfon, Richard Blackledge, John Bonner and John Commissioners
Gray Blount, Efquires, be, and are hereby appointed commilhohets for port Bath ; Jofiah Collins, Willi- appointed.
am Bennet, Nathaniel Allen, Jofeph Blount and William Littlejohn, be and they are hereby appointed
commiffioners for port Roanoke ; and Richard Ellis, James Green, Spiers Singleton, Thomas Ogden and
John Jones, Efquires, be and they are hereby appointed commiffioners for port Beaufort ; to contra £1 with
proper perfons to examine from time to time the .fituation of the fwafh, and to keep the fame and all other Thdrduty,
channels leading from Occacock bar to Waftiington, Edenton and Newbern, well and fufficiently ftaked out,
and to ereft beacons at Occacock, Beacon-Ifland, Coor-Banks, and all other fuch places as the faid com-
mjiffioners ftiall think mod convenient for the fafety of yeflels.
III. Relating to a tax on veffels nvhich is not now colli Bed f obsolete.
W. and V. otherwise provided for 1784, 28.
Vf. And be it further enaBed by the authority aforefaid, That all pilots heretofore appointed, or that (hall P lets to
be hereafter appointed, {hall give bond in the fum of one hundred pounds fpecie, with two good and fuffi- ^^^ i>ond.
cient fecurities to the refpe£tiye commiffioners pfthp feveral ports before mentioned, in which they (hall be'^einkied*^
aft as pilots, conditioned for the true and faithful difcharge of their duty ; and that negroes after under- their masters
going an examination before the commiffioners aforefaid, {hall be entitled to a certi{icate to a£l as pilots, S'ving bond,
upon their matters giving bond with good Security in the manner hereindireded. jr^} 3 153 ,
VU. Relatingtopilot/ fees, repealed, vol. 2,66, 129. ' ' '
VIII. /Jnd be it further enaSfed by the authority aforefaid. That when any pilot (hall board any veiTel at fea, Pilot to be
and offer his fervice to any mafter.of a veflel bound into Occacock-Inlet, he {hall be entitled, although the Paid after
mafter of fuch veffel fliall refufe to employ him, to the fame fees which he would have been entitled to if thou^"^
he had taken charge of the (aid veflel, and the mafter {hall be obliged to pay the fame accordingly ; and if master will-not
any {hip or velTel coming into the faid inlet of Occacock and taking a pilot en board, {hall be by contrary employ him.
Windsor otherwife drove off the coaft, the mafter, or owner of fuch veffel fhall allow and pay the faid pi- pi'|°^'f°r ^°'"'
lot three {hillings and fix pence fpecie per day, for each and every day he {hall be on board the faid veSe\, off th'ethe'^*
over and above his pilotage. coast.
IX. And be it further enaBcd by the authority aforefaid. That when any branch-pilot {hall fee any veffel on Pen forrefus-
the coaft, having a fignal for a pilot, and (hall negle£t or refufe to go to the affiftance of fuch veffel, on '»^ 'o board,
proper proof being made of fuch negleft or refufal, fhall forfeit and pay the fum of twenty pounds fpecie,
to be recovered by action of debt in any court of record in this ftate, the one half to the informer and the
other half to the mafter or owner of faid fliip or veffel.
X. Relating to pilots fees other ivise provided for. Vol. 2. 66, 129.
XI. XII. XIII. Xiy. XV. Xyi. Relating to the tax or duty on vepls, and providing for the difpofal of it
in stakage, ^c. obsolete.
XVil And be it further enacted by the authority aforefaid. That «pon the death, removal, or refufal of any Commissioners
of faid commiffioners or receivers to a£t, the remaining commiffioners of each refpeftive port fhall and may "'^^'.fi" up va,
choofe a;id appoint another .commiffioner or receiver in the faid port, in the room of the commiffioner or
receiver lo dying, removing or refufing to z<k.
XVIII. And be it further enaSled by the authority aforefaid. That no mafter or other perfons belonging to any Pen forthrow-
veffel trading to this ftate fhall caft pr thrc" overboard into any channel or rivers within this ftate, any vefbo^rd!'"'
f^ones or other balhft whatfoever, any oyfters or oyfter-fhells, under the penalty of one hundred pounds
fpecie for every fiich offence ; and if any perfon or perfons fhall wilfully pull down any beacon, ftake or
ofhar mark, erefted or placed in virtue of this aft, he or they fhall for every fuch offence forfeit and pay
fiftv pounds fpecie.
Vol. I. 4R
838 l"83.
Commifaioners
for Caj^e-Fsar.
Repealing
daase.
XlXf XX.;,XXI. Relating to the afore/aid tax, obsoleU.
XXII. And he it fttrth&r enal^edbythe authority afore/aid. That each and every fine impofed by this a£i,
{hall be recovered by aftion of debt in any court of record having cognizance thereof, one half to the per-
fon fuing for the fame, the other half to the commiffionera where the offence fhali be committed, to be
by them appiied toward itaking out the channel as aforefaid., ,
XXIII. ^tlatingto pilots fees at Old Topfail oihsrwife providtd for^ Vol.'i, 129.
XXIV. Relating to the appoint men. of comm'fft oners at Old Topsdil : others appointed^ Vol. 2. 98.
XXV. Rdating to quarantine t^c. otheriui/e provided for , Vol. 'i, 'iS.
XXVI. And whereas the different acts in force for regulating the pilotage of Cape- Fear require
amendment and aheratlon, the a£l for that and other purpofes> pafTed at Ne.v'bern the fourth day of
December, one thoufand feven hundred and feventy-feven, being now expired, which revives the before
imentioned afts ; and «vhereas it is now become neceftliry that a nev/ fet of commiflTioners to regulate the
pilotage of Cape-Fear river, be nominated and appointed ; Be it enaBed by the authority aforefaid. That
William Purviance, Robert Shaw, Norman Harrifon Chivers, William Hill, John Albin Campbell,
Pai'ker Quince, William Campbell, James R.ead and Jcrhn Huft, be and they are hereby appointed com-
rniihoners for regulating the pilotage and navigation of Cape-Fear river. The refl repealed, vol. 2, 99.
XXVII. XXVIII. XXIX. XXX. XXXI. XXXri. XXXIII. XXXIV. XXXV. XXXVI. and XXXVII..
Relating to 'Cape-Fear river, repealed, 1784', 27.
XXXVIII. And he it further eitacted by the authority afotexard. That all and every aiS and afts of aflembly,
or any claufe or claufes of a£ls coming within the purview of this a£t, and not herein particularly con-
firmed, be and the fame are hereby repealed and declared void and of no effeft..
XXXIX. 'Relating to the tax -on vsjfels. Obs^.
CHAiP. 21. A,ia&%
Governor to
hold a treaty.
Power to give
powder, &c.
To issue war-
rants anrl pur-
chase goods,
Etc. to give ia
consideration
of lands.
No person to
trade with
tbem witht)Ut
licence.
Pointing an agent and folding a treaty with: the Cherokee Indians, and j or other pur ~
WHEREAS holding treaties, and appoitlting one or more a^nts to keep up a continual friendly
correfpondence With the faid Indians, may prevent future wars, and fave expence of blood and
treafure ;
II. Be it therefore ehoBtd hy the General Affemhly of the fiate of North-Carolina and it is hereby enaBed
by the authority o/ the same. That his excellency the governor, as foon as may be, (hall hold, or by fuch
perfons as he ftiall commiflionate for that purpofe, caufe to be held a treaty with the Chickamagaw and
Over-Hill Cherokee's, and alfo with the Cherokees of the middle and valley fettlements, at the Long-Is-
land on Holftein river ; and his excellency the governor is- hereby empowered to caufe the mufket pow-
der belonging to this Itate, or fo much thereof as he fhall think neceflary, not exceeding one thoufand
weight, to be removed to the frontiers convenient to the place wiiere the fatd treaty (hall be held, and
to give the faid powder, or caufe the fame to be given in prefents to the faid Indians ; and hi? excellen-
cy the governor is hereby empowered to iffue warrants on the treafury for any fum not exceeding two
thoufand five hundred pounds fpecie, ajid caufe the fame to be laid out in the purchafe of goods fuitable
for the faid Indians, and the fame goods to give Or caufe to^ be given inconfideration of the lands by the
faid Indians to' be ceded to the ftate ; ^nd ^alfo to iflue warrants on the treafury for the fum of one thou-
fand pounds fpecie, to defray the expences of removing the faid powder and goods, and the purchafe of
neceflary.provifions for the fupportof the faid Indians attending the treaty, and other expences thereof:
And a full and accurate account df all expenditures, articles, ftipulations, ceiTions, agreements and pro-
ceedings of the faid treaty, whereiu this ftate is or may be interefted, Ihail be laid before the next gene-
ral affembly.
ill. 'Rfpealed, '1 7-^9, '65.
W. -Andin tjrd«r that allthe dedlitrgs and intercourfes with the faid Indians may be carried on in the
moft friendly and upright manner^ and every fraud and impofition as far as poflible prevented ; Be it
thiVeJoretmifted by the authority aforesaid, 'thdXrio perfon whatfoever fliall deal or traffic with the faid
Indians within the limits df this ftate, without licence firft had and obtained from the governor for the
fame, drid that thefe licences fhall be gi anted only to men of the moft upright and unexceptionable hou-
eft charafters, and {hall not authorife any perfon obtaining them to trade with the faid Jndiaus for any
linger time'than one year, and thofe be annually received and obtained.
W'. And hit further- enaBed by the authsfity' afore/aid, Th^t every'perfon obtaining fuch licence {hail 1783. S39
(lay for the fame to the governor the fum of five pounds fpecie: And if any perfon ihall without fuch u^v^J
i;cence prefume to deal with the faid I-ndians within the limits of this ftate, he fhali forfeit and pay fifty Lxe^ce how
founds fpecie for the firil offence, and one hundred pounds Ipecie for every fubfequent offence, one ol*'*''""^-
alf to the ufe of the public, the other half to him or them that (hall profecute for tile fame, ta be re-
overed by a£lioh of debt, bill, plaint, or information, in an-y court of record.
VI. Repealed, 1780, 65.
VII. Repealedy 178&, 14-.
Anail for repealing tivoaEii of the General Affemhty therein mentioned. CHAP. 22,
tTTHEREAS an aft of the General Affembly paffed at Wake court-houie, empowering Congrefs to
yy levy a duty of hvQpercint. ad lalorem, on all foreign merchandize imported into this ftate, which Ante p 29^
a was not to be in force nor take effed until the ftates from New-Hampllike to North^Carolina, both 303. *
liclufive, had invefted Congrefs with the fame powers and authorities as are mentioned in the faid aft, and
; there is no longer any probability that the fajd z€t can be carried into effecl:, l?y reafon of the refufal of
jimeof the United Stares aforefaid to inveft Congrefs with the before mentioned powers :
U. Be it tberrfore enadedby the General Affembly of tbejiate of North-Carolina, and it is hereby enacted by the ^^P^aling
.tthorityofthefamey That an z€t, entitled, '^ an aft for the vefting a power in the honourable continental '^'*"^**
mgrefs to levy a duty of five per cent, upon all foreign merchandize, except fuch articles as are therein
xepted, and for other purpofes," be and is hereby repealed.
III. And whereas an aft paffed at HaUfax, in the year one thoufand feven hundred and eighty-one, en- Repealing
led, " an a£i to encourage the importation of arms, ammunition and other war' ike ftores, and other pur- clause,
'fes," is now become unneceffary, and if continued would be injurious to the ftate ; Be it therefore enact*
by the authority aforejaid^ That the faid laft recited ail be, and the fame is hereby declared repealed, and
ade null and void.
taafor repealing an aB, entitled^ « an aflt for appointing a plaCe for the future meeting of the General chap. 2S. '
Affennibly." ;Vnte p. 31/.' !
■jir THERE AS the reafons for holding the general affemblies in the town of HilIft)orough in preference
y y to any other place within this ftate, have ceafed by the reftoration of peace, and all the bleffings
il ending thereon : ° \
11. Be it therefore enaBed by the Genetal Affembly ofthefiate of North-Carolina and it is hereby enaBed by the Repealing I
fWortty of thefame. That the aft of the General Affembly paffed at Hillfborough, the twelfth day of May, clause. j
«|p ihoufand feven hundred and eighty-two, entitled, « au ad for appointing a place for the future meet>. - '
Ijof the General Affembly," be and is hereby repealed. * >,
It - . • ' . I
«!«^ authoriftng Jamei Davisy efquire, to revite, print and ptibli/b all the laixs now in force and ufe in this CHAP. 46.
flatey for appointing, a public printer, and other purpofes. (a J I
\ -a ■■■■-■ ■ ^
I aBJor dividing IVaJkington county into two difiin& counties, and ereaing a county by the name ofcHAV. 5U }
J G- e( ne. ' \
'prTHEREAS the large exteilft of the county of Wafliington, renders the attendance of the inhabitants },
•IT p °" *^^ extreme parts of the faid county to do public duties, extremely difficult and expenfive : ^
m. Be it therefore enacted by the General Affembly ofthefiate of Norih-CaroUnd, and it is hereby enacted by Boundatiej. '
ITa^"*^ "/ thefame^ That from and after the paffing of this aft, the county of Waftiington {hall be .
Med mto two diftina counties, by a diredt line beginning at William Williams's, in the fork of Horfe
«ek, at the foot of the Iron mountain, thence a direft courfe to George Gallefpie's houfe, at or near ^
\ '"°"*" of Big Limeftone, thence a north courfe to the line which divides the counties of Walhing- j
^K f '^''^^"' "^^"ce with the faid line to the Chimney-Top mountain, th«nce a dired courfe to the
Cath of Cloud's creek, in Holftein river ; and all that part of Walhington county weftward of the faid
i^s, froni and after the paffmg diis aa, ihall be and is hereby declared to be a diftnid county by the
i|ne of Greene. ^ ' ,
{The remainder unneceffary to be inferted.']
C«> Pan oi'ihisaa temporary, The revisal' was rt«y«r executed. See aS, Nov. 1787, 4
CHAP. 52.
Boundaries.
UO 1783. An a^. to erect a comty adhining the line of Virginia, wcladinz a f>art of Cumberland river. ^ ,
WHEREAS a conGderable number of inhabitants have fettled on the lands on Cumberland river irt
this date, at a very great dlftance from any place where county courts are held, and it is repi^
fented that ereaing a county to include the faid inhabitants, and appointing courts to be held among theni|'
would be very beneficial and advantageous : therefore for the general good of the faid inhabitants, -,
II. Be it therefore enaBed by the General JJfetnbl^ of thejiate of m-th Carolma, and it u hereby enacted by Ot,
authority of the same. That all that part of this ftate lying weft of Cumberland mountain and fouth of the Var-
ginia line, beginning on the top of Cumberland mountain where the Virginia ine croffes, extending w^*-
ward along the faid line to Tenneflee river, thence up faid river to the mouth of Duck river, thence
Duck river to where the line of marked trees run by the comraiffioners for laying off land grajited the qo
tinental line of this ftate interfeas faid river (which faid line is fuppofed to be in thirty-five degrees &(
minutes north latitude) thence eaft along faid line to the top of Cumberland mountain, thence noxthvf^
ly along faid mountain tb the beginning, fhall after the pafTmg of this aa be, and is hereby declared to]
a diftina county by the name of Davidfon.
III. {Unnec/ffarv to be mferted.'] tta -jr /T.n
IV. And be it further enaBed by the authgrity aforefaid. That the county court of Davidfon ihall appfl^
an entry-taker for the purpofe of receiving entries of lands from thofe who are allowed pre-emptionsi
the \^w of laying off lands granted to the continental line of this ftate : and as it has been luggefted tf
the inhabitants of faid county have no fpecie certificates, they Ihall be at liberty to pay at |he raceof (
pounds fpecie or fpecie certificates per hundred acres, for the aforef^id pre-emptions, and Ihall be allof
ed the term of eighteen months to pay the fame; and that the heirs of all fuch perfons who have dij
having rights of pre-emption as aforefaid, (liall be allowed the term of one year after coming of lawf
a^e, to fecure their pre-emptions. Provided, That no grants Ihall be made for faid lands until the pur.
fliafe money fh^ll be paid into the proper oflice.
IHE TITLES OF THE PRIVATE ACTS.
Entry-laker
ajipointed.
24 An aa for the promotion of learning in the distria of Wil-
mington. . . ,
25 An aa for appointing the several persons therein mentioned
to lay out the streets in Ujiper-Campbleton. m Cumber-
land county, and for the t'mure regulation of the ta:d
town, and giving a further time for saving lots in the
lower town, and also to alter the nam? of Cambleton to
Fayettev;lle.
25 An a« for regulating the tovm of Halifax.
27 An aa for levying a tax on every hundred pounds taxable pro-
perty in the distria of Halifax, for repairing the court-
house and gaol of said distriil.
28 An aa to aivend an afi, ^ntitle^, "an aft for regulating the
tovifu of Edenton."
29 An aa for purchasing a lot or lots in thetown of Wilmington,
for the purpose of building a gaol for the distria of VViU
rnington, and other purposes.
.30 An aa for levying a tax on every hundred pounds value ot
taxable property in the distria of Newbern, for repairing
the gaol of tlie distria.
31 An aa for repairing the court-house and prison in ths town
of Salisbury, for the distria of Salisbrrj-.
32 An aa for altering the time of holding of the county courts of
pleas and quarter-sessions in the counties c f Caswell, War-
ren and Edgcomb; iii this slate, and other jiurposes.
33 An aa for the relief©^ Thomas Clark, and oiher persors
therein named, and to vest in them an indefeasible title to
certain lands, hereiliiaments, foods, chattclf, rights ard
credits, formerly the estate of James Murray, ai.utoen-
able them to take possession thereof.
34 An aa to vistthe title cf certain lards in Joseph Hfrrir.g.
pS An aa to enable Thomas Hill, ptiatdian of E!i?;ibf '.h Henry
Hill, to convey to Joseph Cocke, ard Wir.nifred his wife,
the negro slaves therein metiticntd, in latisfaaion ofU.e
richt of dower of the t^id Wijinjfted, in the lands, une-
ments and hereditaments, which were of Henry Hill, i
' her bt? husband. . ,.• •
36 An aa to vest the fee simple of certjun lands therein mention jj
ed in Thomas Eaton, his heirs and assigns.
37 An aa to vest the title of a piece or parcel of land lying i' I
Camden county, in Isaac Guilford, and his heirs, in fe j
simple; - " r
38 An aa to vest certain lands in fee simple in Richard Hendei
son, and others. i
39 An aa to encourage John and James Bonner, junior, of B^
■ fort County, to clear and make a road through the gli^
swamp and marsh, on the south side of P&mlico riveril||.
pcsite s^o the town cf WaihingtOii. -. 1
40 An aa to amend an aa, entitled, " an aa to vest the proj*
ty of a bridge or causeway injpideon Lamb, and his heir
by him all eady biiili through the Great Dismal swamri
froiri Lebanon to Cijridtn, for the term of twenty•f"''
yl■ar3. "
41 An aa to vest the title of certain lands, and other prop
therein mentior.jpd, ip Thoir.a^ Gotten, James Cottonj
their sister.
42 An aa for vesting the title of certain lands herein mentl*
in B&lph ;'»"«'■. his h<ii'S and assigns. ^
^3 An a<^ fo"" establishing two piibjic al-hoqls in the countj
Oiislcw, aid ftr cilitr pinj)cs(s. jtf, b
/i\ An afl to •.rcci[)cr3ip irusiees Jcr two academical schooK'
the distna cf Morgan. ™P
45 Anaa to ketp rpcn H.oaroke liver for the passage of fish )
lie i.3pc, andothtr ptirpcses therein mentioned.
^7 Ap aafcr tst;.blis,hitig a town on the hrd formerly belci
ing to Willism Bert, ai tliejilace wheretbe rrsd le*di
from S^lifbnry to the (.heraws crosses the road leadi
ficm Vask's feiry to Ca'mdfn, Ansrn county.
48 An »a ftt ciiuii g a canal from Clubfooi's cieckto K^ur^
F'W^ .-*P'*«''
■^i^T^
' creek, to opena cotiiroanicati«nbewe*nl?euserIvei;, and
the navigation of Old-Topsail inlet.
jlQ An afl foi appointing commissioners for selling the lot, Ko,
Forty-four, in W^renton, whereon the public granary
now stands, an^ other purposes.
50 An aft for altering the name of Jonathan Bannocks, to that
of Jonathan JBryant.
53 An aft for fixing on a place in the county of Anson for build-
ing .a court-house, prison and siocks, and for other pur-
' poses therein mentioned.
54 An aifl for building a court-house and prj^n in Elizabeth*
Town, in the county pf Bliulen.
55 An aft for appointing commissioners to fifi on a place for
building a caurt-house, prison and stocks in the county of
Randolph, and for other purposes.
56 An aft for cstaWisWng the court-house, prison and stocks, at 1783. 341
the place whereon they are now erefted, on the plantation
of Henry Monger, in Montgomery county.
57 An aft for levying a tax of one shilling specie on every hUlt-
dred pounds value of taxable property -iB Warren county
for the purpose of building a court-house, prison and stocks
for the use of said county.
58 Ap aS for levying a tax of one shilling specie on every hun-
dred pounds value of taxable property in Franklin county,
for the purpose of building a court-house, prison and stocks
and other purpose, fi^r the use of the said county.
59 An aft for levying a tax on every hundred pounds valoe of
taxable property in the county of Lincoln, for the building
a court-j^ause, prison and stocks for the use of said couit«
ty.
,Re%d three tixneisaQdratiSed in Genial AssCQibl/i.t^V «evpftt«ent)i.d»y .of May, annodom. 1783.
Signed by Richard Caswell, s. «;
- Edward Stailsey« s. c;
y«i^,ia
rsf
542 178't.
MABT^.rEsq, ^^ ^ GENERAL ASSEMBLY, begun and hel4 at Hillsborough, 6n the
Governor* Nineteenth Day of April, in the Year of our Lord One Thousand Seven' '
and Eighty-four, and in the Eighth Year of the Independence of the said- ;
Jbtate : Being t,he First lijession of this Assembly.
jin aSl to amend an aSi entitled « An aft for afcertaining what property in this ftate (hall be deemed tata-'
^o/.'Sre, 47, bk property, the method ef affeffing the fame, and colletling public taxes."
63,80,88,106, I. n. Otherwise provided far, L7^6, I. _ ' . / .
ni. A ND l>e itfurtih enaSled by the authority aforifaid. That the (herift of each and every county fhall
Jr^ within forty d^iy^ after the paffing of this act, fummon the feveral juftices of the peace within his
refpeciive county to attend at the court houfe,or ufual place of holding court, within ten days after the date'
of fuch fummons, and the faid juftices, or any five of them fo meeting, are hereby authorifed and direcfted
to appoint one j-uftice of the peace for every captain's diftri£l in fuch county, and where there (hall be a town
one for fuch town, to receive lifts of taxable property in fuch diftrift and town refpeftively, and the juf-
tices when fo appointed,. fhaU without delay fix the time and place in each diftri£l and town for receiving
lifts of taxable property ; and in order that all the inhabitants may be apprifed in due time that fuch lifts
are to be received, the jufticeof each diftriftand town fhall order and direftone of the conftables to warn
every family in fuch diftrict of the time and place appointed for receiving lifts of taxables at leaft five days
previous to fuch time. Provided ahvays, That if the court of any county fiiall fit within forty days after
the paffing of this aft, then the flierift* ihall warn the juftices to attend at fuch court for the purpofes afore-
faid, and the court ftiall appoint the juftices for the feVeral diftrifts in- their county.
IV. And be it further enaifed iy the authority afoiescid-j That the inhabitants of the refpeftive diftriftj In-
each county ftiall attend at the time and place fo' to be appointed, and fhall return on oath in writing to
the juftice appointed to receive the fame, the quantity of land, the particular trafts, the counties in which
the lame lie, with the number of free males and fervants twenty-one years old and upwards, the number
of flaves male and female between the age of twelve and fifty years, which to him belonged, or who lived
in his family, and the number of toWn lots of which he was poflefTed on the fit ft day of April then laft paft ;*
and the oath to be adminiftered by the juftice receivihg fuch lifts ftiall be as follows : _ ^
(( "^XOU do fwear or affirm (as the cafe may be) that this lift by you dehvered, corttains a juft
jf « and true account of all the property for which by law you are fubjeft to pay taxes, to the beft
« of your knowledge and belief* SO HELP YOU GOD."
V. And in order to afcertain the value of town lots with their improvements, Be it enaSied by the autho-
rity aforefaidy That the juftices of the peace when met upon the fuuimons of the flierifFas aforefaid, or in the
county court, if fuch court fliould be held within the time herein before limited, fhall nominate and appoint
three freeholders in each town within their refpeftive^ counties, who being duly fworn, fhall value the lots
in fuch town with their improvements to the full value thereof refpeftively, and fuch valuation fhall be fub-
I.ots how tax- jeft to public taxation, as follows, to wit : The fame tax fhall be paid upon every hundred pounds value
cd- of fuch town lots as fhall be paid upon every three hundred acres of land, and where they fhall not all a-
gree in the value, the agreement of any two of them fhall be returned as the true value, but where they all'
difagree, then the different valuation of three fliall be added togetlier, and one third of the amount cf the
whole fhall be deemed the true value of the property.
VI. And whereas there are generally in the towns of this ftate lots and improvements the property of
perfons living at a diftance, or without the bounds of fuch towns, by reafon of which fuch property if re-
turned only by the proprietors wbuld not come to the hands of the affefTors ; for remedy whereof, Be U
enaBed by the authority aforejaidy That a.11 property in the feveral towns ftiall be returned by the tenants or
occupiers thereof, unlefs returned by tht proprietors thereof, or the agent, attorney, truftee or guardian of
the proprietor ; and when returned by the tenant or occupier, fuch tenant or occupier ftiall be liable to pay
CH^ 1.
116, iro.
.Tustices ap-
pointed to re-
ceive listt.
Ante p. 312.
Notice of the
time.
Irhao'itants
liow to give
list;.
Their oath.
Persons to va-
lue town lots.
Tenants to
give in lists,
ifce'faxes tliereftn afiefled, tut the abfent owner or perfon in wbofe care the fame {hall be, fhall nev.erthe!efs IT*?*. 34.3
ireturn fuch lots in his general return, fpecifying at the fame time in whofe adual pofleffioni^or under whofe
immediate fuperintendency the fame may be.
Vll. And be itjutthtr efidSied by the authority afortfaid. That the juftices who fhall be appointed to receive
ihe lifts of taxable propfrty, and theafleffors in every town, (hall make fair returns of their lifts and afieiT-
ments refpe£tively to their refpe(£live county courts next after fuch lifts fhall be received and aflre.Tments
made, and the juftices ftiall in their return (exclufrve of the original lifts received by them) diftmguifh the
perfons names, the feveral tra£l:s of land, the quantity and fituation of each tra£l, the town lots, and num-
ber of polls white and black, in the following manner, viz.
Lists and as-
sessments re-
turned to Court.
Frrsons
a imes.
^htantuy in j ^' itiation o- i'lac:
cuctf Tract. I -^h:re each Tract lies
2 OtUI!
L'.fs
I 'alue^tj^ffjin Lots
vittk lihprovemen.s
free Polls.
Numb, (if
black Polls.
•imoun'. of ea-h Per-
son: taxab e Property.
Prorerty hnw
diitiiiguislKtli.
And the afleflbrs in their return (haST diftinguifh the different to*n lots, the fiti
with the amount of each perfon's property in lots, viz.
and value thereof
Persons Names N-i. of Lots a>d Part cj Lots. T Valite of L'lts
Aniaunt of Assessment.
VIII. And he it further enacted by the authority afore/aid, That the clerk of each court fhall record at large
in alphabetical order, the annual returns to be made by the juftices and afleilbrs in his county, and the
court ftiall and may make a reafonable allowance for iuch fervice, to be paid out of the county tax ; and
if apy perfon appointed to receive lifts of taxable property, or to aflefs town lots, fhall fail or neglefl to
difcharge the duty of his appointment, the perfon fo failing or negle^lmg (hall forfeit and pay the fum of
one hundred pounds, to be recovered in any court of record having cognizance thereof, in the name of
the governor, to the ufe of the ftate ; and if any mafter or miftrefs of a family, his or her agents, factors,
managers Or attornies, after due notice given as before direded, fhall fail or negleft to attend and return
inventories for his or her taxable property in manner before mentioned, each and every perfon fo failing
fhall forfeit and pay the fum of fifty poiinds, to be recovered and applied as in the cafe laft mentioned,
and the perfon fo failing or negleftirig fhall pay a double tax, the number of polls belonging to the perfon
negleding as aforefaid to be reported by the juftice to the beft of his knowledge : and if any executor,
adminiftrator, guardian, truftee, agent or attorney, fhall after due notice fail to return an inventory to
the juftice appointed to receive the fame of the taxable property in this trutft or pofTeflion, the property
of the teftaror, inteftate, minor or abfentee, fliall be liable to a double tax, and the juftice ftiall report
the fame to the beft of his knowledge or information ,• and fuch double tax flialJ be levied of the proper
eftate of fuch executor, adminiftrator, guardian, truftee, agent or attorney.
.IX. And be it further enaSedby the authority aforefaidi That if any perfori refiding oet of the ftate (hall
,lail, by himfelf, his agent or attorney, to return an inventory of his taxable property, the lands fhall be
liable ro a double tax, and the taxable polls if any ftiall be reported by the jaftice as aforefaidj and the
taxable polls if any fhall be reported by the juftice as aforefaid, and the tax ihall be levied thereon in the
ulual way, provided there be perfonal eftate fufiiclent to pay the fame ; but if there ftiall be no perlonal
6ftate, or not fufncient to pay the tax, and fuch tax ftiall remain unpaid for twelve months after it becomes
!due, then the lands or fo much thereof as may be neceffary to pay the tax, with contingent charges, (halt
be fold by the ftieriiF by order of the county court, and the fheiiff ftiall account for the fame as in other
Cafes.
X. And he it further tnaBed by the authority aforefaid^ That the feveral juftices appointed to receive lifts
Of taxables, fliall make return of their own lifts to the county court, or to fome other juftice j and the
property of alTeffors of town lots ftiall be affefled by the county court.- and if any juftice appointed to re-
ceive lifts of taxable property, or any afTeflbr of town lots, fhall die^ refufe to aft, or remove out of the
[county, before the duty of his appointment fliall be performed, any three juftices of fuch county may,
and they are hereby authorifed and direfted to appoint another to aa in the place of fuch perfon fo dying,
lefufmg to aa, or removing, and the perfon fo appointed fbail be on the fame footing in all refpeasas
Clerks x-\ re.
cord returns.
Pen. for neg-
iea.
Pin. on failJiig,
to retorn lists.
On property
not given in fay
agents of>ab-
seniees.
Justices who
receive lists to
give in their
own to the
court.
344 1784,.
Property of 2S-
S'ssors how to
be assessed.
Vacancies to
he. supplred
Persons hold-
ing titles of
dower, Sic to
return lists.
Provision for
a remission of
tlie penalty.
Justices to be
appointed to
receive lists
annually.
And assessors
of town lots to
be appointed,
&c. Clerk's
4uty.
No Justice to
be a coileiSor
of taxes.
Repealing
clause.
if he had been originatty appointed ; and the feveral county courts (hall and may allow the affeflbrs of
town lots in their refpe^ve counties a reafonable fum for their fervicee, which allowance being certified
by the clerk of the court, fii.all be paid by the IherifF out of the public tax, and fuch (herifF ftiall be allow-
ed for the fame in the fettleraent of his public accounts,
XI. jind be it further enaBed by the authority aforefaidy That every perfon holding lands by title of dow-
er, curtefy or other eftate, for life, or on leale for five years or rnore, co?nputing from the commencement
of fuch leafe to the cud of the term, fliall return an inventory of fuch eftate, apd pay the public taxes
thereon as in other cafes. Provided always^ That any perfon incurring any of the penalties in this a<a;
mentioned -for omitting to return his lift of taxable property, may apply to the county court to which the
lift fliall be returned, or to 8ie next fucceeding cpi^t, and fuch court upon fufficient reafona ftiewn may
remit the penahies.
XII. jitid be it further enacted by the authority aforefaidt That at the fir ft court in every county to be held
next after the firft day of April, in every year after the prefpnt, fu<^, court (hall appoint a juftice of the
peace for eachdiftrift in the county to receive lifts of taxable propertf^'or the then prefent year, and where
there fhall be any town or towns three afle||brs for every town, and the clerk of each county court fhall
furnifti each juftice within twenty days after his appointment, with a fair alphabetical copy at large o£
the lift of taxable property within his diftri£l 'Biespreceding year, under the penalty often pounds for each
negleft, to be recovered by a£lion of debt in the governor's name, in any court having cognizance there-
of, and to be applied to the ufe of the ftate.
XIII. And he it further enacted by the authority aforefaidf That no perfon being a juftice of the peace fliaU
be a collector of public taxes.
XIV. Repealed, Vol. 2, 47.
XV. And be it further enaBed by the authority aforejaidy That fo much of the aft aforefald, entitled, « Ai^i
aft for afcertaining what property in this ftate ftiall be deemed taxable property, the method of afleffing'
the fame, and coHefting the public taxes," as' relates to ftock in trade, flaves under the age of twelve j^
years or over fifty, wheel carriages, horfes, mules and cattle, and fo much of the faid aft as comes witil^;
in the purview of this aft be, and the fame is hereby repealed. J
"^AP. 2. '"* '^^ /*♦' oltering the time of holding the annual eleSlionj, and annual affemhliest and direBing the manner tj
eleHing annual officers for the fucceeding year. REPEAlEDt Vol. 2. 7*»
CHAP. 3. An aa vefting a power in the United States in congrefs affembled to levy a duty on foreign merchandifey fir fht
ufe of the United States, (a J
CHAP. 4o -^^ aSffor laying certain duties therein mentioned on all foreign merchandize imported intg this ffatey in aid of
thepublic f nances, and direSling the mode of colleBing the fame, (b J
CHAP. 5. ^*» a^for appointing colle&ors of the impojs at the feveral ports oj thisflatey and for regf^lating the duty efna^
val'officerSf the 0cers of ct^omSf and maflers of vejfels. (a)
An a8for levying a tax for the fupport of government, and for the redemption of old paper turrency\
' Ipecie and other ctrtifcates.
nio A ND whereas many afts of the general aflembly pafled heretofore and during this feffion, foff
_/"\_ laying diftrift and county taxes, are drawn to correfpond with the former mode of afleffmg
property, whereby doubts may arjfe jn the jconftruftipn of fuch afts. Be it therefore enacted by the au"
thority aforefaidf That every perfon holding lands by deed or entry where there is no caveat, or holding
lands by leafe for five years or for life. Or in right of dower, ftiall pay jn lieu of the tax in fuch afts di-
refted to be levied on the hundred pounds, a diftrift or county tax, as the cafe may be, on every three!
hundred acres ; and alfo on each and every free poll being twenty>one years of age, and on every flave|
. ■ ■ ^ •■ ■■ ■'■••^ "■ ■' ■ ■ ■ ■.••■■■-■
fa) T^iis aft never had its effeft, as all the states did not consent to a similar measure.
{b) Superseded by the authority of the United States, under the constitution of the Uohed States adopted t>y tkil StsUi
in 1789. *^ ' T
f,c) Superseded b/ t^e authority of the United States,
CHAP. 6.
The two fir&,t
temporary.
Bistriil and
poU'tax.
rsale and female, between twelve and fifty years old, equal'to the tax impofed by the fald afls ref- JT^*. 345
pe£lively on each hundred pounds taxable property and no more j any law to tl^e contrary notwithftand- u*'~r»^
^n a^ for kvving a tax for the purpofes thtreia meitticned end far invt/'ing the Unted Statu in coit- c«Af, 7.
grejs aJjLmbitd, uitk a power to collect the fapte.f a)
4n aetfoT impojing a duty fir t^x in aid of the publie revenue upon tkedfferent ariieUf therein mention- CH4P. f.
ed, fold af aufhpn or publif vfndy,t, andj$r r(^ifhti»§ nucthneers or vendne-ma iters. R£j>MA4^£fit
1789, H^.
An a.Si for authmfing the Vnited 9f^es iit Ctngrejs ajfembltd, to regulate the trade o4 th'tifiate mthfo- chap. 9. ^
reign nations'. ProyicM fcr by tiiecoBstituiion of the U. Staus*
4n a?jtvelting certain powers therein raet^loned inihe United States in congrefs ejfembled. chap. 10. \
1 Superceded by the constitution of the U. States.
4n aB ceding totfifi Crtngrefs^cf the XJnitedfiates eirtam wefiern lands therein de/cribtd, and authori- chap. 1 1.
Jing the ddegafes front this Jlafe in Cpngrefs tQ expedite a deed or deeds fgr tfiefame* Rep.2.1784,16,
A» act to prevent doubts af to tfie right offovermnty and jurifdistm iu and over the territory lying Vieji (fthe C«AP. 12.
Apalacfdianmountains^for Ihuitingthe land-affijce^ and for indemnifying Jebn Armflrong Efq. entry'taieti O'
gain/} vexatious suit; fprhis conduct in sfice.
WHEREAS the general aflembly .by a<Si: paffed this feflion, has <;ec!ed on certain conditions therein
menlipned, tp the United States in congrefs, all the territory which belongs to this ftate lying wgft
,of the Apalachian or Alleghany mountains j and whereas doubts may arife with refpeft to the fovereignty
«id jurifdi^l^p.^ of ihg Jterritpry afor<^aid until the ynited States Ja Congrefe fhall accept or refuff the
-cefTion :
II. Be it enacted iy the General /ffembly of the ftate (f North-<^ari>iinat {tnd it if hereby enacted by the anthq- Right of sove»
rity ofifoe same^ That the fovereignty and jurifdiftion of this ftat« in and over the territory aforefaid, and ""e'S"'/ wtam-
all and every the inhabitants thereof, fhall be and remain the fam#in all refpeSs until the United States
'}fi congrefs {hall accept the cefiion, as if the att aforefaid had never pafled.
III. And whereas it is juft and right th?t no further entries of lands within the territory aforefaid ftiould Land-office
ibe allowed until the United States in congrefs refufe the ceffion aforefaid, Be it ena8ed by the authority O'^ ^^^^' '^^^'^IL
fore/aid. That the faid office be and the fame is hereby difcontinued ; and that all entries of lands in the annuled.
faid territory njade fince the 2'ith day of May, 1784, or which fhall hereafter be made in the faid office of
lohn Armftrong, (hall be and they are hereby declared void, except fuch entries of lands as (hall be madV
i>y the commiffioners, agents and furveyors who extended the lines of the lands allotted to the continent^
officers and foldiers, and the guards and hunters, chain-carriers and markers who attended the fajd commif-
fioners : ^)l'^hich entries ibjll and may be received by the faid John Armftrong agreeable to the report of tljff
committeei and proceedings had thereon in the fame manner as if this a£t had not pafled ; and th^t th^
faid John Armftrong ftiall not be liable to the action of any perfon or perfons for darnages, or to any fine
or penalty for refufing to receive any entry or entries of lands except the entries to be made for the lands
laft above mentioned, lying in the territory aforefaid, on the faid gStU day of May, or at any time fiqce,
ioy lav tp the ;cont)r*ry nptwijthftanding.
An a/3 to empower the delegates efths ffafe, in Congrefs to afftnt to a repeal of part oftht eighth oftite articles of CHAP. 13»
confederation and perpetual union between the thirteen fieUes of America and to ftibfcribt and ratify the alterati-
on propofedin the reefitftmendatm (f Congrefs of the 18/^ ^ Ap^ih 1788, «» ptftee theteefy as part of the faid in-
flrumetft of union.
WHEREAS by a refolv« of the United States in Congrefs aCembled of the 1 8th of April, 1783, it if
recommended that fo mjich of the eighth of the vticl§§ of eo^ifeder^ion ^d perpetiual union be<<
(a) This aA never had its effect, forwaat ofa general consent of all the states to a sifflilarmeasure,
Vol. I. ^T
Delegates a\j.
thorised to re-
federat.'on.
Si6 P84. tween the thirteen ftates oi America as i& contained in the words following, to w^t, " All charges of war
'■n^'-v-O " and all other expences that fhall be incurred for the common defence or general welfare and allowed by
" the United States in congrefs affembled, fhall be defrayed out of a common treafury which fhall be fup-
*' plied by the feveral ftates in proportion to the value of all lands within each ftate granted to or furveyed
*• for any perfon, as fuch land and the buildings and improvements thereon (hall be eftimated according to
♦« fuch mode as the United States in congrefs affembled fhall from time to time direct and appoint," be
repealed and made void.
II. Be it ti.erefore enaSltd by the General AJfemhly of thejiate of North Carolina, and H is hereby enacted by the
peat part of the ^"'kority of the satne. That the delegates of this ftate in congrefs be and they are hereby authorifed
artxies of con- empowered and dire£ted to aflent to the repeal of fo much of the eighth of the articles of confederation
and perpetual union between the thirteen ftates of America as is recited in the foregoing words,
III. And whereas it is alfo recommended by the United States in corlgrefs affembled in the words fol-
lowinn, to wit, " That all charges of war and all other expences that have been or fhall be incurred for
** the common defence or general welfare, and allowed by the United States in congrefs affembled, except
*« fo far as (hall be otherwife provided for, (hall be defrayed out of a common treafury v hich (hall be fup-
** plied by the feveral ftates in proportion to the whole number of white and other free citizens and inha^
** bitants of every age, fex and condition, including thofe bound to fervitude for a term of years, and three
** fifths of aH other perfons iK)t comprehended in the foregoing defcription, except Indians not paying
« taxes, in each ftate, which number (hall be triennially taken and tranfmitted to the United States irt
*• congrefs affembled, in fuch mode as they fhall diretS: and appoint;" Be it therefore enaSed by the au"
thority aforefaidy That the delegates of this ftate in congrefs be and they are hereby fully authorifed, em-
powered and dire£ied to lubfcribe and ratify the fame as part of the faid inftrument of Union,
And ratify a
proposed alte-
ration.
14.
CHAP
Auta.p. 332. &
a<as there refer-
red to.
K
An aSi to amend an oBy entitled, « An a£t for opening the land-office for the redemption of fpecie and
other certificates, and for difcharging the *rears due to the army.
WHEREAS by the (aid a£l no mode is pointed out for appointing a furveyor or furveyors for fuF«
veying the lands entered in the general entry-ofiice kept by col. John Armftrong :
Surveyors. H- Beit enacted by the General Affembty of the Jlate of North-Carolina, and it is hereby enaSfed by the 00-
thority ef the fame. That three furveyors be appointed by joint ballot of both houfes to furvey the faid lands
viz. One to furvey thofe lands that lie between the bounds hereafter defcribed for the furveyor of Greene
county and Cumberland mountain, o(je to furvey thofe lands that lie between the Cumberland moun*
To gJve bond tain and the river Tenneffee, and one to furvey thofe lands that lie between the Tenneffee and the Mif«
with security, fiflppl river, who (hall each of them give bond with fufficlent fecurity in the penal fum of ten thoufand
pounds payable to his excellency the governor and his fuccefiors in office^ for the faithful difcharge of
his duty agreeable to law ,• which faid bond (hall be depofited in the fecretary's office, and upon breach
of the condition of the (aid bond, the fame (hall be affigned by the governor to the party or parties in-
jured, who may maintain an aftion thereon in his or their name, and no fuch bond (hall become void
upon its recovery, or if judgment (hall be given for the defendant, but may be put in fuit and pro(ecut«
ed from time to time until the whole penalty (hall be recovered.
in. And be it further enaSled by the authority aforefaid. That the furveyors eiedied by joint ballot of both
houfes BS aforefaid, (hall have power, and are hereby authorifed to appoint one or more adiftant furveyor*
to affift them in their refpeftive diftri£ls in the execution of their offices, for whofe condufl the faid furvey^
ors fo ele£l-ed by joint ballot of both houfes (hall be refpe^tive'y anfwerable as for their own,
ISf. Repealed, Vol. %\ 5.
• V. And whereas by an aft palTed the laft feffion of alTemWy, entitled, " Arr a£l to ereft a county ^d-
Davi'd- j°*'^'"g *^fi 1»"6 of Virginia, including a part of Cumberland river," it is provided that the inhabitants
of Davidfon county (hall be allowed the term of eighteen months to procure certificates to pay for the
■ pre-emptions granted to the inliabitants of the (aid county j andjwheieaa the time allotted to the faid in-
habitants for the aforefaid purpofes will foon expire, and many of the inhabitants from their remote fitu-
ation have not been able to procure certificates for the purpofes aforefaid, Be it therefore enacted by the
authority aforefaid t .That the inhabitants of Davidfon county, who have claims of pre-emption, and have
jgot paid for the fame, be allowed the term of twelve month8> it&m the paffuig of this aft, tcpay for the
feme, any law to the contrary notwithft^ading»
Assistant sur>
Vejrors, .
Farther time
for the inhabit
Vt.. And to prevent disputes refpe£ling the bounds. allotted to the/uryeyor of Gfreene county, Be it 1781. ''34.?
tMclid by the authority aforefaidy That the furveyor of Gieene county is hereby authorifed to furveyall *«,i*v**J
lands for which warrants have been or may be granted by colonel J[ohn Armftrong, entry-taker at Hillf- Bounas allotted
borough, lying weftward of the Apahchian mountains, and including all the lands on the waters of *2. *^ *'^''^^y°'
Holfteinj from the mouth of French Broad river upwards to the bounds of Wafliington and Sullivan **"'^*
counties, exclufive of the entries made by the entry-taker of Greene county \ any thing in any law ta
the contrary^otwithftanding.
VII. And he itjurther enaSted by the authority aforefaidt That all tra£ts of land fhall be laid off and fui*- Entries how^
veyed in a fquare or oblong form, as the law d:re£ls, and every furvey (hall be on the lands entered and '^'^^^r
as nearly as rtiay be agreeable to the locations thereof ; and in cafe any entry fhall be made for lands
which have been previouily granted or entered and located, the furveyor (hall and he is hereby autho-
rifed to furvey the quantity on any vacant lands in this ftate, which may be located or defcribed by the
perfon who made the entry, or any other perfon authorifed for that purpofe.
An aSi to amend ati aSt^ entitled, *' An ad^ for the relief of the officers and foldiers of the continental line chap. 15.
and for other purpofes.'* Vol.2,%i. i2l.
I. tJ ^ '' enacted by the General AJJemhly of thejiate of Norrh-Caro/ina, and it is hereby enacted.by the au- Ante,p.304and
J3 ^Am/ji o/^//j^yaOT^, That the furveyor appointed by the a<St aforefaid to furvey the lands granted f.,'g^'j^* ''*■
to the officers and foldiers of the continental line of this ttate, ftiall keep a proper book, wherein he fhall Descriptive
enter all locations of lands which have been made agreeable to law, and therein fhall infert the name of books kept by
the perfonj the number of the location, number of the warrant, quantity of acres, when located, and '*** si»ve/or,
defcription of the location, in the following liianner .-
["Perfons I No. of the | No. of the | Quantity j When I Defcrip- 1 vR'Hu
Names. Warrant. I Location. I of Acres. I located. tion.
li. And be itjuither enacted by the authority aferefaidy That from and after the paffing of this a£l the of- His office
fice of the faid furveyor (hall be kept at Nafhville, in Davidfon county, and conducted under the regu- where kept.-
lations and upon the principles aforementioned, and thereafter no locations made elf«where fliall be
deemed valid.
If in. And be it further enaSied by the authority afsrefaidi That any officer having a warrant for hnds, may Lands how to
have the fame furveyed in one traft ; and each and every tradi furveyed for officers or foldiers, fhall be ^ ""» out.
tun out at the four cardinal points of the compafs, either in a fquare or in an oblong, which lafl: (hall
in no cafe be more than twice as long as it is broad, and no furvey of lef s than one thoufand acres,
whether the fame be made for any officer or foldier, or for any perfon on account of pre-emption or
guard*right fhall be extended acrofs any river or creek where the fame is navigable for batteaux. Pro'
vided, That when a mountain, river or creek {hall interfere in any furvey, one fide of fuch furvey may P««vis*
be bounded by fuch mountain, river or creek, and the other three fides fhall be run out at the cardi-
nal points.
IV. And whereas the money paid into the hands of Willie Jones, Henry Montfort, and Benjamin CofnMissian,
M*Culloch, commiffioners by law appointed to liquidate the accounts of the officers and foldiers Of the ers to make
continental line is found infufficient for thepurpofes intended; Be it enaSted by the authority afore/a d, f""'>«'*pay-
That the further fum of ten thoufand pounds be granted for the faid purpofes, to be paid into the |^X! *° ^^
hands of the faid Henry Montfort and Benjamin M'Culloeh, and Joha Macon, who is hereby appointed
a commiffioner inftead of Willie Jones refigned } and the faid commiffioners (hall feverally enter into Money grant-
bond with fecurity in the fum of thirty thoufand pounds, payable to the governor and his fucceffors in **^ *™'*'>^Pi«*
office for the time being, for the faithful difcharge of the truft repofed in them, and to account with p"*** . j^
the general aOembly and pay the balance if any that may remain in their hands, as fhall hereafter be di- to^wue'rlnto*"
teded by the general affembly ; and the faid commiffioners (hall take the following oath : bond, Sw.
*< T A. B. commilfioner for liquidating the accounts of the officers and foldiers of the sontinental line, And take an
JL " do fwear that I will difcharge the truft repofed in me to the heft of my knowledge, and that I oaO*.
" will apply all the money that I Ihall receive in virtue of my office (my lawful allowance excepted V as
«' the law direds." . , ,, ^ '
Aad the faid commiffioners, or a majority of them, are hereby authorifed to demand and receive out of
348 1784.
Monies to be
bupplied from
the treasury.
To settle ai-
count not yet
adjusted.
In case of de-
ticiency certiB-
cates how co be
pa:d.
Accounts how
to be certified
and received.
Tiwe of deser.
tion not allou •
•d.
ComraiBsioners
allowance.
the tax for the year of one thoufand feven hundred and eightj-thrce, the faid ten thoufand pounds, ria.
From the treafurer of Edenton diftri<Et, fifteen hundred and forty pounds ; from the treafurer of the dif-
tri£l of Newbern, fifteen hundred and forty pounds ; from the treafurer of Wilmington diftrift, fifteen
hundred and forty pounds j from the treafurer of the diftri£l of Salifbury, fifteen hundred and forty
pounds; from the treafurer of the diflri^l of Hillfborou^h, fifteen hundred and forty pounds ; from the
treafurer of the diftrift of Halifax, fifteen hundred and forty pounds ; from the treafurer of the diftri^
of Morgan, feven hundred and fixty pounds. ,
V. And be it further enaSied by the authority aforefaidt That the faid commifTioners, or a majority of
them, {hall fettle the accounts of the officers and foldiers not yet adjufted for fervices prior to firft of Ja-
nuary, one thoufand feven hundred and eighty-two, computing intereft to tlie firft of Auguft, one thou-
fand feven hundred and eighty-three, and (hall pay one fourth of the balance in money, and iflUe inf
dented certificates for the remainder, (iated the faid firft day of Auguft, one .thoufiind (even hundred
and eighty-three.
VI. And be it further enacted by the authority aforefaidy That if the fum of ten thoufand pounds hereby
granted for the purpofe of paying one fourth of the demands for fervices prior to January, one thoufand
feven hundred and eighty-two, Ihould ftill be infufficient, that the commiffioners fliall neverthelefs pror»
reed to fettle finally all the accounts to them exhibited, and (hall iflue certificates for three fourths of the
feveral balances due as in other cafes, and a feparate and diftin£l certificate fhewing what is due to each
claimant in money, taking a receipt in full, in order that the (late may be enabled to fettle and obtain full
credit with the United States ; and the claimants to whom fuch certificates fpr thp one fputth part of their
demands due in money fliall be granted, fliall be entitled to have and receive the amount of fuch certifi-
cates in current money out of the tax to be coUefled for the year one thoijfand feven hiindred and eight-
four, to be paid as the General Aflembly fliall hereafter dire^.
VII. And belt further enacted by the authority aforesaid^ That tjbe faid comrtiinioners (hall not in future
allow or pay the account or claim of any officer or foldjer to thfem exhibited, unlefs the fame, if an offi-
cer's account, be certified by general Sumner, or feme fteldroffioer who continued in fervlce to the end
of the war \ and it a foJdier's accoitnt, by a captain or other commiflioned officer, and counterfigned by
fome field-bfficer who cor^tinued in fervice to rfie end of the war : And H if ttlso hertby Aeclartdt "Thit ni^
pay (hall be allowed to any foldrer who deferted, for the tiwie ij^hieh elapfad during fuch de(iertion not*
withftanding he might afterwards join the army \ but if any foldier deferted and did not join the army again|
facli foldier fliall not be entitled to awy pay or l^nd for the time fubfequent to the d^y of defertion.
VHI And he it father enacted by the authority afofefaidy That the faid commiffion^s fliall have twenty-
four (hillings each per day, for every day they ffia^l be a^tialiy fitting as a bosrd j« difdNrge of the duties
of their office, and for the rifle and trouble of receiving and paying ^ money by Ais '^St grimeed, ftall
have one per cent, to be divi'ded apioisg thertj) and no morp.
CHAP, 16.
V^l. 2, 19.
Disabkd per-
sons to appl; to
the county
cou^.
Also tlieir wi-
dows and or-
phaiis.
Their allow-
ance hoiv to be
paid.
An aB for the rehif of fuch ferjins as ho^thttn drftSkdbywotin^Sy ef rendered incapcMe of frpcming for themr.
fehes and families fubfffence'y in the trnlitiu fervice of this fi^ti^ and pr&o\dingfor thtividiKDs -ilniotpfniniof
fuch as have died. ) 1 '
I. TJ E it enaSted by the General Affimhly ofiheflateof North^Cafofinay and it is hereby fna-Bid by the aU^how
13 *"'($ of the fame, That from and after the paflirtg this aft, that every perfon \V:ho fhall come with-
in the above defcription (hall apply to the cpurt of the county in which he or tliey (hall refide, whtdi
court on fuch appHcation ftiall certify to the general aiTemb'y the diftreiTes ofi'^uch perfon or pcrfons, Who
(hall have an allowance adequate to their relief for one year, which ailo-aT.nce ihall be centinucid for the
next fucceeding year, and fo long as fuch court (hall certify fuch petfon to coi^tiiiut; under the defcriptioiX
aforefaid ; which order or certificate df court beinjj counterfigncd by fhe fpen'kers of the -general aflGbmbly,
(hall be a fufficlenj voucher to any (hcri'ff^ co^ettor^ qr treafurer payi«:g the f»rse, ii) the fettlement of
their public accounts.
II. And be it further enaBed by the authority aforrftidy That tftc widp^s aj.vd orphans of fuch petfon as
come within the above defcription, (hail be entitled to ohtain relief on appfUcat^on tO the county courts in
the fanie manner as thofe difabled pcrfons before tnenttoned.
lit And be it further envfted ky the authority afcrefuid. That tht ^llbwa^c^s made to obje<?ls within either
of tlje before mentioned defcnptipns during the pri^rcnt Ceffioi; of a^embly, fliall be paid' by the treafurer^
or either of them, according to the order contained in the certificate of fuch aila-vcaiice, any thing here- 17fl4. Si^
in contaiued 4:0 the contrary ^notwithft,anding. *
Jn aB for the relief of fuch perfsm ivho have ihrcugh mijappreherfion entered thfir hftds in a differeni csmty CBAP, 17. "
from that whenin thn ii«i hy luhzch means they ere diprived of a Ugal tiik ; for remedy nviereof,
I. iS E >Jf enaSied by the (General Apmbly of the fate of North-Carolinay and it is hreky enaBed by the ^jfth- Title* mSda :
J[3 ^''*y ofthefamet That ai! fuch entries {hall be as good and valid in law as if they had been made ^^°^' ■ 1
in the {iropsr ofhce of the county wherein they lie ; and it fhall and may be Jawful for the furveyor or '
furveyors who may have the warrants in poiTeffion, to .lay out*an4 furvey the faid lands fo entered, an i
make returns thereof to the fecretary's office, who is hereby required to iflue grants for the fame, under
the like rules, regulations and reftriciions, as prefcribed by law ; and all fuch titles heretofore granted or i
hereafter to be granted, (had be good and valid in law, to fecure the property to the grantee, to all intents
and purpofes as if the faid lands had been entered with the entry-taker of the county wherein they lie, a- ^
ny law, ufage or cuflom to the contrary notwithftanding. Provided, That this aft fliall extend only to j
the counties of New-Hanover and Brunfwick ; /ind provided alfo, That no perfons fhall take any benefit '
by this aft, unlefs the lands entered were generally conceived to be v-'ifhin the county wherein fuch en- '*
tries may have been made, and the perfons making fuch entries fhali have performed public duties, and
paid public taxes in fuch counties, as inhabitants thereof, before the time of making fftch entries. J
An aB tp defcribe the lands granted to major-general Nathaniel Greene, and to confrtn the title thxrHif in the CHAV. 18. ii
Jaid Nathaniel Greene, his heirs and afjigns forever. • \
WHEREAS the general affembiy by an aft pafied in April and May felGon, feventeen hundred and • J
eighty-two, entitled, « An aft for therelief of the officers and fo'di^rs in the continental line, Ante p. 305.- '
and for other purpofes therein mentioned,'* did allot and give to the faid Nathaniel Greene, his heirs and i
sffigns, twenty-five thoufand acres of land, as a mark of tlieir high fenle of the extraordinary fervices of '],
the faid J^athaniel Greene ; and direfted the fame to be laid offhy the commiffioners by the faid aft ap-
pointed, within the bounda Qf tfie lands referved for the ufe of the army : and whereas A'ofalom Tatom, '[
Ifaac Shelby, and Anthony Bledfoe, commiffioners appointed by the faid aft to examine and fuprerintend '\
the laying off the lands refei-ved for the ufe of the army; in parfuance of the faid aft ; and agreeable there-
to did i^y off and furycy, or caufe to be laid off and lurveyed, twenty-five thoufand acres of land for the '
iaid Ncuiianiel Greene, a plat of v/hich "was duly returned, and now is among the public papers, bound- \
cd as fol'ows ; beginning on lie fouth bank of Duck river, on a (ycamore, cherry-tree and afh, at the J
n outh of a fm-ill branch, running thence along a line of marked trees, fouth feven miles and forty-eight
poles to two Spanifh oaks, a hickory and fugar fapling, thence eaft fix miles and ninety poles to a Spaniffi
oak and hackberry tree, north three miles and three hundred poles to a fugar treefaplingy and two white '
oak fapiings, under a cliftof Duck river, where it comes from the horth-eall, thence down Duck river, i
according to its fevujral meanders to the beginning.
II. Be it therefore enadedby the General Ajfcmhly of the flat e of North-Carolina, and it is hereby enacted by the LdndS vested *
authority of the fame, Tliat the abfoiute property of the land fo laid off by the commiffioners, and included and the grver- i
in the bounds above- men) ioued, be and it is hereby veiled in fee^fimple in the faid Nathaniel Greene, his a^de^/''^'^"*® i
heirs and affigns forever •, and his exeedency the governor is hereby direfted to make out and execute
.without delay, on beh.alf of the ilate, a good and fufficient grant, with the feal of the Hate annexed in
due form, to the faid Nachaniel Greene, his heirs and affigns, for the lands above defcribed, <md to caufe ,1
the fame to be recorded or regiftered in the proper offices^ and then to twrtfmit the faid grant as footi as \
m »y be to the faid Natlianiel Greene. > ' " '■
in. And he it further enaBed by the authority nforefaid. That all entries, warrants, furveys and grants, ^n*'''" dec!ar« j
which have been made or obtained fubfe'quent to March the eleventh, feventeen hundred and eighty-three, ^'^'^°'*'« j
the dete of the return of the furvey of faid Nathaniel Greene's lands, or {hall be hereafter made or obtain- j
ed by any other perfon or perfons for the faid lands, or any part thereof, (hall be and they and every of •
fiiem are hereby declared utterly void, any .Jaw to the cohtrary notwithftanding.
An oB to empower the county furveyors to malie furveys and returns in the manner therein mentioned. CHAP. Id,. : \
1 Hi5,REAS it has been found imprafticable to furvey moft of the entries of lands made in and ad- J^*" 2,65, :. ' ^
1^ joining the large fwamps in the eaftern parts 6f this ftate agreeahle to the manner direfted by ;
Vol. I. 4 U ^
■S50 1784.
Surveyors, lie w
to r turn,
when E.r.rveys
are difficui; to
be made.
Joint entries
how suive^ed.
Fees a'lowed.
Repelling
caluse.
CHAP. 20.
>V a disannul-
led.
Antep. SiS.
.CHAP. 21.
Further time
a lowed for re-
gistering, &c.
grants for lands
entered in the
lateUnd fflice.
At,te p. 307,
iriiC, 20,
Further time
allowed for re-
Kitreiing, i*c.
cUeds not al-
ready registev-
ed.
Exccptirns as
to grants in
loid Graiwi.lc'*
cite*'
the afts roM(r in force, without putting the perforfs: entering, the farse to great an^ ttiifleceffary expehce 5
for remedy whereof,
II. Be it there/ore enaBed by the Geniral AjfettAly efthejiatf of Horih-Carol'irta an d it is hereby emBed by the
authority of the fatrif, That it fhall and may be lavvfu! for the furveyors or any of fhem in the eaftern parts
of this ftate, and they or either of them are hereby empowered and required to furvey for any perfon or"
perfons whatfoever, nin or their entries of land already ma<le, or that hereafter may be made in ©r adjoin-
ing any of the great fv/amps, (be the number of entrieB more or iefs) in one entire furvey, and return
the fame to the fecrotary's office, v/ho is hereby empowered and required to make out a graftt or grants-
for the fame, agreeable to fuch return r Provided^ That the entries fo border on each other as to rendef
this mode more pra£licable than to furvey the fatiie feparately.
III. And be it jurihcr etiaBed by the authority aforefaidy That where two Of rtwSre peffons ftiall have en-
tered or may hereafter enter lands jointly, or where two or more perfons agree to have their entries furvey-
ed jointly in one or more furveys, the fur veyor is hereby empowered and required to furvey the fame ac'
cordingly in one entire furvey j and the perfons fo agreeing to have their entries furveyed, or entering
lands jointly, fliall hold the fame as tenants in common, and not as joint tenants,
IV. And be it further enacted by the authority aforefaii. That the owner or owners of lands furveyed iq.
manner aforefr.id, ftall be obliged to pay to the furveyor or furveyors and fecretary, the fame fees as are al*
lowed by law for other lands.
V. And be it further ettaBed by the authority afore/aid t That fo much of any aft of, a£Vs now in force inf
this ftate as comes within the purview and meaning of this aft, (hall be and the fame is hereby repealed
and made void.
■f
An aBfor repealing part of an aB paffd at Hilljhorough in May, one thoufand fe^en hundred and eighty-three^
entitled " An aft for opening the Land-office for the redemption of fpecie and other certificates, an(J
difcharging the arrears due to the army,"
I, -|-j E it enacted by the General AJfembly ofthejlate of North-Carolina, and it is hereby enacted by the a the--
\% rity of the fame. That fo much of the twelfth feftion of the aft aforefaid as is contained in thefe
words, viz. " Provided alfo and it is hereby exprefsly declared, That it fliall not be lawful for any perfon or per-
" fons to claim, enter or furvey the great ifland in Holftein river,, and if any fuch entry be made (the fame
»< having been made in open violation of treaty) is hereby declared void* And be it enaBed, That the faid
« ifland fhall be and hereby is referved and appropriated to the fole purpofe of holding the beloved talks
«« and treaties on v/ith the faid Cherokee Indians, and (half not be granted, fold or difpofedof tp any per-
« fon or perfons whatever," be and it is hereby repealed and declared utterly void.
An aB for the relief of perfons who have suffered or may fuffer hy their grants, deeds, and mesne conveyances ha(
being proved and regiliered •within the time heretofore appointed by law.
I. 12 E it therefore enaBed by the General Afftmbly of the Plate of North-Carolina, and it is hereby enoBed by the
j>. authority of the fame. That all grants for lands entered in the late land-office, under the prefent con-
ftitutlon, which have not been regiftered within the times heretofore appointed by law, fhall and may
within two years after the paffing of this aft be admitted to rcgiftration, and fhall be as good and valid as
if they had been regiftered within the time aforefaid ; and all grants for lands obtained as aforefaid which
have been regiftered fince the expiration of the time by law appointed for their being regiftered, fliall be as
good and valid to all intents and purpofes as if they had been regiftered within the time aforefaid, any law
to the contrary notwithftanding.
II. And be it further enaBed by the authority aforefaid. That all deeds and mefne conveyances of lands, te-
nements, and hereditamen^ts not already regiftered, acknowledged or proved, fhall and may within two
years after the paffing of this aft be acknowledged by the grantor or grantors, his or their agents or attor-
nies, or proved by one or more of the fubfcribing witnelfes to the fame, and tendered or delivered to the
regifters of the counties where fuch lands, tenements or hereditaments are refpeftively fituated ; and all
deeds and mefne conveyances whatfoever which fliall be acknowledged or proved according to the direc-
tions of this aft, though not within two years after the date of fuch conveyance, fliall be good and valid in
law, and Ihall enure and take effeft as fully and eifeftually to the ule and behoof of the grantees, their heirs-
and afiigns, and thofe claiiuing under them, as if fuch deed and conveyance had been acknowledged or pre
ved, and regiftered agreeable to the direftions of any law heretofore made :• Provided^ That nothing in this
&A contained {halFbe cor^trusd fo as to admit to rdcord or reglftration, or ratify and enforce any grant or 1784. 351
^ants heretofore made in Lord Granville's office. >«#<v«0
III. And where any purchafe of land hath been made within this ftate fince which time the grantor or Probates how
grantors, or the fubfcribing witneffes have removed themfelves out of the county where fuch land lies. Be ^^^^'"^"^ when
it enaBed by the authority aforesaid^ That if any perfon or perfons Under the before mentioned circumftan- o^%fj,^"5s°e',^
Ces fhall make it appear to the fatisfaclion of the county court of the county in which fuch land may lie, have removed,
the faid court is hereby empowered to grant a dedimus, diretfled to fome juftice of the peace in the county ^' <
or (late where fuch grantor or grantors, or any of the fubfcribing witneffes may be, empowering the faid
juftice to take the acknowledgement or probate of fuch deed of deeds, and requiring him to certify the
fame under his hand and ffeal, dire£ted to the faid county court, fetting forth that fuch deed or deeds have
either been acknowledged by the grantor or grantors, Or otherwife proved by the oath of one or more of th«
fubfcribing witneffes ; then and in that cafe fuch county court is hereby empowered to admit fuch deed
or deeds to record andjegiftry, Which ftial! be as valid in law as if the fame had been acknowledged or
proved in open court of faid county, any law to the contrary notwithftanding.
An aii to regulate the defcent of real ejiaiest to do aivdy entails, io make prov'fion for widows, artd to prevent frauds CMIP. 22,
in the execution of loft wills and tejiaments. Vol. 2,\7 76,
WHEREAS it will tend to promote that equality of property which is of the fpirit and principle of a ^^■
genuine republic^ that the real eftates of perfons dying inteftate ftiould undergo a more general ^•^^^*' ^^•
and equal diftribution than has hitherto prevailed in this ftafe ;
IL Be it there/ore enaSied by the General AJJembly of the ftate tf T^orth-CaroUtia and it is hereby enaBed L'neafd*,
iy the authority of the sairie^ That when any perfon (hall die feized or poffeffed of, or having any right, title '°^**"'
or intereft in and to any eUatCj or inheritance of land, or other real eftate in fee-(imple, and fuch perfon
fliall die inteftate, his or her eftate or inheritance (hall defcend in the following manner, to wit, to all the
fons to be equally divided amongft them> and for want of fons, to all the daughters to be divided amongft
them equally, (hare and (hare alike, as tenants in co-mmon in feveralty, and not as joint tenants, other than
fuch fon or daughter as (hall have lands fettled on him or her by his or her deceafed parent in fee-fimple,
equal ro the (hare which (hall defcend to the other fons or daughters, as the cafe may be, refpe£lively % and l^Jtception ;«
an cafe any fon or daughter (hall have lartds fettled on him or her by his or her deceafed parent, not equal ' uVi^^^rf ^ *
tb the (hare which (hall defcend to fuch fons or daughters, as the cafe may be, refpedlively as aforefaid, ' *' ^ ^''^ '
then fo much of the lands or other real eftate of the deceafed fhall defcend to fuch fon or daughter, fo pro-
vided for, as will make the eftates of ail the children entitled by this acl to the inheritance, as nearly equal
a6 can be eftimated ; and each and every of the children of the deceafed fo inheriting, (hall have, hold and,
fenjoy, in the land fo defcendhig, fuch eftate as the faid deceafed had and held in the fame at the time of
his deceafe : Provided alway r. That if any child of fuch inteftate (hall have died in the lifetime of the pa- Pfvlso,
rent, his or her lineal defcendants (hall be held to reprefant their parentj and (hall ftand in the fame place
he or (he would have done, and fhall be entitled to the fame portion of the eftate of their grand-father or
grand-mother, as their father or mother would have been entitled to, if living •, fuch part or portion to be
divided amongft the fons, and for want of fons among the daughters, as tenants in common irt feveraItV|
And not as joint tenants.
III. And whereas it is almoll peculiar to the law of Great-Britairi, and founded in principles of the feu- CoUatefal d«=
dal fyfteni, which no longer apply in that government, and can never apply in this ftate, that the half- s<^""-
blood (hould be excluded from the inheritance. Be it therefore enaSied by the authority aforefaid. That if any
perfon dying inteftate (hould at the time of his or her death be feized or poffeffed of^ or have any fight,
title or intereft, in or to any eftate or inheritance in lands or other real eftate in fee-fimple, and without
iffue, fuch eftate or inheritance (hall defcend to his or her brothers, and for want of brothers, to his or
her fillers^ as well thofe of half-blood as thofg of whole blood, to be divided amongft them equally, (hare
Alike, as tenants in common and rtdt as joint tenants, and each and eVery of them fhall hare, hold and
enjoy in theif refpeftive parts or portions fuch eftate or inheritance as the inteftate died feized or poffef-
fe(red of, or entitled unto ; Provided always, That when the eftate (hall have defcended on the part of Proviso for tlie
the father, and %!t\e iffue to whom fuch inheritance fhall have defcended (hall die without iffue, male Qt half blood,
female, bat having brothers or fifters of the paternal fide of the half-blood, and brothers or fitters of the
maternal line^ alfo of half-blood, fuch brothers and fifters refpeflively of the paternal line fhall inherit in
the fame manner as brothers and fifters of the whole-blood, until fuch paternal line is exhaufted of the half 2, \m, 1(^»
fi^i . IfM, bfpo4 f and fhc ivin^e rule of delcenk an*' inherJtiSinca ft\?.U pr^vaii amofi^gfl the j>3lf-bIood of the rcsternaj
Same rules
tions.
Tenants in tail
Trade tenant;
iii fee.
and' flialF be entitled to the fame part or portion of the eftate of his or thek uncle or Runt, as his or theii^
father or iTiother would IrAve been entitled unto, if Hvi'ng, fuch part or portioii to be divided amongl^ fucl^
reprefentaiives, if mote than one, among all the fons, and for want of fons a;*iong all thft daughtefjs e*
quat'vj fhare ajKl fhare aHke, as tenants in common and not as joint tenants. '^ ~ j
IV. /^nd be it further enactidby the authority afonfaidy That the fame rules of defcent fhall be obfevved;
with lespef- to in lineal defcendants and calfaterals refpeftively, when the lineal defcendants thall be f^irther removecl"
from their anceftor than grands-children, and when /the coHateralsihall be further remoyedthan the chii-.^
dren of brothers and fillers. ' ,..'•...• ■]
V. And whereas entails pf eftates tend only to raife the wealth and importance of particvdar familie^'!
and individuals, giving them an unequal and undue influence in a republic, and prove in manifold inftancesj
the fource of great contention and injuttice, Be it thertjore enaSied by the authority ajorejaid, I'hat from andl
after the ratification of this adt, any perfon feized or polTefled of an eftate in general or fpeciaj tail, 'wherj
ther by purchafe or defcent, (hall be held and deemed to be feized and polTefled of the fame in fee-fimple^'
fuHy and abfolutely, without any Cendition or limitation whatfoever to him, his heirs arid afligns forerer;]
and ftiall have full power and authority to fell or devife the fame as he (hall, think proper, and fuc;h eftate!
fliall defcend under the fetne rules p other efta'tes in fee-fimple ; and.all fales and conveyances made ^owa ;
JSonafdes^iti j^de, and for valuable confideration,' fmce the firft day of January, in the year cf our lord one tho'ufand^
tailTiTpoLes- ^^^^" hundred and feventy-feven, by any tenant i{i tail, in aaual pofleflion of any real eftat:e where fuch;
Eion in fee held eftate hath been conveyed in fee-fimi^le, fiiallbe good and efFedual in law to bar any tenant or tenants iq'
to convey a fee. tail, and tenants in remainder of and from all claim and claims, a£lioh and adipns, and right of entrV
yhatfoever, of, in and to fuch entaifed eftate, againft any p^rciiafer, his lieirs or afiigns, now in adual
pofleffion of fucheftata, in the fame rjianneFas if C;^ch tenant in tail had pofleiTed the fame ia. fee- Cmple,
VI. And whereas in real and perfo^ial eftates held in joint tenancy the benefit of furvivorfhip is a mjani,
feft injiiftice to the families of fuch as may happen to die firft, Beit therefore tnaSled by the authority a/ortm\^
faid. That in all eftates real and perfonal, held in joint tenancy, the part or fliare of any tepant dying {hall !|
root for the future defcend or go to the Surviving tenant or tenants, but fhall defcend or be vefted m th^ ;
heirs, executors, adminiftracors or affigns refpeaively of the tenant fo dying, in the fame manner .^s es»
tates held by tenancy in common, any law, ufage or cuftom to the contrary not^yjthftapdJng : Provided (
ckuansy I'hat eftates held in joint tenancy for the purjwfes of carrying on and prcmoling trade and CGm.i
merce, or any other ufeful work or manufaduie eftablifhed and purfued with a view of profit to the par-
ties therein concerned, (hall be vefted in the furviving partaer or partners,' in order to enable him or them
to fettle and adjuft the partnerftiip-bufmefs and pay off the debts which may have been contraded in pur-
fuit of th? faid joint bufinefs ; but as foon as the fame flialj be effpdled, the furvivoi w furviyors fhall ac-
count with and pay and deliver to the heirs, executors, adminiftratoifs and affijn^ rcfpe£iively of thede-
ceafed partner or partners, all fuch part, fhare'and funis of money, as he or they may be entitled to by vir-
tue of the original agreement if any, ox according to hie or their fiiare or part in the pint cpncern, in the
fame manner as partnerfliip ftock is ufoally fettled bet wef^n. joint wercliajus &fid the rcprefentiatives of theijr
deceafed pwrtners. ' •• / ■■■■'■■. ,-.,:,,;: . i . .. :' ■ , . . ' ^ :■■■.■> -^ <■•
VII. iind whereas by the law of 4efeents a& it now ftands, wh^n any perfon feized of a real .eftate in
fet-fimpJej dies inteftate witliOut iftue, and net having any brother tK/Hlrf, fucli eftate defcend| to fome
re'roVtheilsue Collateral "relation, notwiihftanding that the intetlate may have parewts living, a do<!l.|:ino g^rouhded upon
of such is U- a maxim of law not foundeci in reafon, and often iaiquitous in ]^i conf^yyiences, Be it therefore emBcd by
the authority aforejaid, That in cafe of ar.y perfon dying inteftate, pi^fTefll'd of an eftate of inhc'rUance with-
out leaving any iffue, or not having any brother or fatter, or tlie hiwful iflue of fiyrh who fhaU furvive, ,
the eftate of fiich inteftate fhall be vefted in fee-fimple, ia his 6r 1 er parent, from whom the fame was de-
rived ; or if fuch eftate was actually purciiafed) or otherwirie acquired by fuch inteftate, tlien the fame
ftiall be vef\cd in the father of fuch i>id:ftate if living, but if dead, then in the mother of fuch inteftate
and her heirs, and if the mother of the Litcf tate fliotiM be de^d, then in thie heirs of fudi inteftate on the
part of the father, and for waiit of heks oa the part of the father, then to the heirs of the inteftate on tf>$
part of the mother.
Joint-tenancy
the heirs, &c,
ot cue il)ing
entitled as on
" a tenancy in
COIBdlOQ.
Ejiception"
Parent to inhe^
rit where no
brother or sis-
ving.
Particular-
manner in
which the es-
tate sail be
vested.
2, \m, 10.
{
i
VIII. And whereas the dower allotted by ^aw is 'ands fov widows in tha pref^tit jammproved ftat« of 1784, %S$
this country, is a very inadequate provifion for the fupporjt of fuch widows, aad ^t i3 highly juft aiid re^- |«<«/>J
fonable that thofe whifhy their prudence, ceconomy and induliry, have conffibuted t,o raiip up an ©date '•V'W'sw'g
to their hufbands, {houid be entitled to {hare in it ; Be it tbtrejars enaSlei by the (luthoritf aforeftid, That *^''-'''
if any perfon ftiajl di^ inteftate, .q% (ball make his laft will and t^an^ent, and ngt thexeia make any ex-
prefs provifion for his wife, by giving and devifing unto her fuch part or parcel of his real or perfor.al ef-
i!ate, or to fome other for her ufe, as fiiiall be fylly fatisfaclory to her, fuch widow may Ggnify her diflent Sh« maydij.
' thereto before the judges of the fuperior court, or in the court of the county wherein (he refides, in open ^-n' ffom lur
"court, within fix moaths after the probate of th? fsyd will, and then and in that c^fe fiie (hall be ei^titled *'"»''*"<*'s "'''i-
to dower in the following manner, to wit, one third part of aH the lands and ten^mpnts, and heredit^-
.ments, of which her hufband died feized or poflefled. Provided always, That any conveyance^ madp Proviso.
^fraudulently to children or otherwife, with an intention to defeat the widow pf the do\^er hereby aliotr
ted, (hall be held and deemed to b^ void, and fuch widow fliall be eotitled to 4ower in fuch land fo frau- Enti'ied to ore
^ulently conveyed "as if no conveyance had been luade, which faid third part fhall be and enure to hep ''n''^d of landf,
own proper u'e, benefit and behoof, for and during the form of her natural life ,• in which faid third part ^°^ ''^®'
Ihali be comprehended the dweliing-houfig in which the faid hufband fliall have been accuftomed moft gen-
erally to dwell.fjext before his death, and commonly called the manfion-houfe, together with the ofEaes,
out-houfes, buildings, and other improvements thereunto belonging or appertaining. Provided alivaytt
That in cafe it (hould appear to the Aid judges or juftices that the yhple of the faid dwelling- houfe, out-
lioufes, "offices and appurtenancefi, cannot bis applied to the ufe of the wife, without manifest injuftice
to the children or other relations, then and in that cafe fuch widow fhall be entitled to fuch part or ppr^
tions of faid dwelling-houfi;, oat-hqufes, _offiae8 ^nd imprpyempntg, tJJere^pto belonging, as they fhali
(Conceive will be fufficieqt to afFpr4 her a decent .fefidpnce, due regard being had to her rank, condition
and pad manner of life ; which dwelling-houfe, QUt-houfes, offices and improvements, or fuch part.there- I?ch!idren, not
of fb allotted the laid widow, fhall be and enyre to her during the term of her natural life 3 and furtherr "'"'^^ '^*" ^'
more, if fuch hulhand fhlalldie leaving po child, or no.t more than two, then and in that cafefhe fhall be [hi!d/other-
fintitled to one third part of the perfonal eft;'te ; but iffuch -hufband (hall die leaving morp than two chil- wise a child'
"4ren, then and in that cafe fuch widow (hall fli^re ecjualiy with all thp childtpn| (he beipg ei^titled to a P"'*
Iphild's part, (a)
IX. And wh.rcas tlu prefent mode of fuing for dowey is dilatory, expenfiye and intiicate. Be it enaSI- Method of su-
«d by the autJioiity afore/aid. That after the ratification of tliis 2,St, it .fhall and may ^e :lawf\il for any wi- '"^ 'or dower,
dow having cLicn to dower, to file her petition in the fuperior court of the di(^ri£l-, or the couict of 'the
county where her hufband (hall have ufually dwe t, fetting forth ^he nature of her claim, and particular-
ly fpecifying the lands, tenem.ents and hereditaments of wkich her tiuftaj^d died feized or poflefled,
and praying that her dower may be allotted to her ; whereupon the faid court (hall ilTue their writ to the And proceed-
{heri(F of the county where the lands, tanemehts apd hereditaments pf the decea(ed hufband lie» com- ins» ^lieteupouv
jnanding him to fummon tyirglve freeholders connected with the parties neither by cqnfanguinity or affin-
ity and entirely difinterefted, who upon oath (which path the (herifF is hereby empowered , to adminifter)
.(hall allot and fetoffto the faid widow, one third part of all the Jands, tenements and hereditaments in
the (aid county, of which the faid hufband was fo as a,fore(aid feized 99: ppijpfled, s^^d (hall put her in
^offeflion of the fame, which poffeffiQii (hail, veft io hex sm eJftate fpx |i,er o^v^JfaUif^:! i" the third part
of the lands, tenements and hereditaments of which her hufband was fbas aforefaid feized or p,P;fleiredi
and the faid fherifFand freeholders (hall alfo put her in polTeffipn of the houfe or manfion, or part or por-
tion ther^f, in which her faid hu^and mo(l generally ^vn&h nest before his deceafe, and of all offices^
'put-houfefi,' .buildings and iinprovements therpunto befongijig, Qt in ^y/wife appertaining ; and in cafe
of the lands tenements and hetedilaments that were of th^e pftate 9f the deceafed lying in different coiuw
ties, the court (lia^l iiTue dieij; w^ite to the fherifFSi,.qf the feyera^ counties refpeiSlive^y, commanding them
as aforefaid, which writs (hall be executed m manner, as a^refaid direfted, when tl^e lands, tenements
and hereditaments ^e in the fame county ; and fuch ftveri^ and jury fliali alfo allot and fet off to. fuch
widow, fttch part or portion of the perfonal eftate of whvch, Ker hulband died pplfedled, and <;o which by
this law (he Ibaii be. entitled, which part or. portion ihaU be and ec^ej^Xvd^ mifmt^ii&i: executors,
adminiftrators and affigns forever. ■ \ '.: , ,"
(^J See aas Oa. 1784, ch. 10. seft. 4. Nov. 1787, ch. M,
Vol. I. ■■■ 4-X- •
354 1784.
Proceedings to
bc-ir. a sanl.Tlil-
ty manner,
Nutrcc.
Reqjisites to
mike a good
will bf lands.
'2, irSl, 10.
Devises how
made,
ffo section
XIII. ill the o-
rivinai.
Revocation of
a written writ-
ten will.
Nuncupative
will.
Requisite
where the es-
tate exceeds
100/.
How proved^
Repealing
clause.
CHAP. 23.
Ante p. 21.
Vol. 2, 143.
ir89, 2:^.
Estates pa'd
fu th« treasury
X. And be it further enaEied hj the authorhy aforefald, That the proceedings^upon fuch petitions f(* . dw-
er (hail be in a futtimary mannir, and the judges or juftices (hall ac the firft court when fuch petxt ons
are filed, proceed to hear and determine as to thert. (hall feem juft and nglu .• Provuhi alioays, Jl h^ ^he
partv petitioning for dower, fhall give ten days previous notice to the heirs and executors, «? e''ecu^°"
anclaaminiftrator3ofthelaftwi!laudteftam«ntofher deceafed hulband, and ihail fevve him, her or
them with a copy of the faid petition. „ ^ , ' v , n. r j j „rv ^t
XI. And whereas wills and teRanien^s which ought to be the moft folemn and beft confidered a£t of
a man's life, are'in two many inftances the moft indifcreet, and from weaknefe of bodjf and mind, an<J
the undue influence of thole about them, and from ai. omi.Tion of due ceremonies, t^^«.^'^^^."^;^"^';"\f
the teftator are fr uftrated, and inpftice done to thofe for whom he meant fpecially to P'"^;'^^* ^^ '^ ^«;
a^ed by the aufl^rUy aforefaU, That nolatt will or teftament (hall be good ov /"f ^^Jf f ^'^^e.^ nlu ha^e
equity to conveyor give any eft^te in lands, tenements or hereditaments, unlefs fuch laft ^^ » ""» f ^«
beenlritten in the teftator's lifetime, and figned by hi.« or fome other per fon m ^?\pre ence, and by
his direaion, and fubfcribed in his prefence by two witnelTes at leaft, no one pf which fhall be interelt-
ed in the devife of the faid lands. . • . •/ j • r u ^^^r,^',
XU. And whereas for want of knowledge in the law many real eftates are deviled in fuch a manner
as to fruftrate the intentions of the teftators, and it not unfrequently happens from the diTicuhy ot dif-
coveringfych irvtentions, that the pofterity of fuch teftators are difmhcrued and the fam.hes of fuch
perfons whofe fortunes are intended to be promoted are left without fupport •, f "^'^^^yj^^^^^^' ,f^ ''
therefore enaBed by the authority afor.faid, That from and after the ratification of this ^^» .^^^f^f^y If^^
tenements, hereditaments, or 'other real eftate (hallbedevifed to any perfon or perfons, ^^^fj"^/^^;" ^«
held, deemed and conltrued to be a devife in fee-fimpk, unlefs fuch devife IhaU m P^^" ^^^P^f J^'f^
or if it (hall be plainly intended by fuch will or fome part thereof, that the teftator intended to conve/
an eltate of lefs dignity : any law, ufage or cuftom to the contrary notwithftanding. _
XIV. And he it further enaBed by the authority aforefaid. That no written will Oiall ^e revoked or altee^^
by a lubfequent nuncupative will,' except the fame be in the lifetime of the teftator reduced to wri mg
and read over to him and approved, and unlefs the fame be proved to have been fo done by the oaths
of two witnelTes at leaft, who (hall be fuch as are adniiinble upon trials at common law.
XV. And be it further enaBed by the authority aforefaid. That no nuncupative ^'1\^" !,;y J^V^ ^'^^^^^^
good where the eftate exceeds one hundred pounds current money of the ftate, ""^^^^ P/^^^^^^ ^ '^^
fuch witnefles as laft mentioned prefent at the making thereof, and unlefs they or f°7' .^J ^^ J^ J^.^i^P^;
dally requited to bear witnefs thereto by the teftator himfelf, and unlefs it was made J^ his la(^ f .knefs
in his own habitation or dwelling-houfe, or where he had been previouQy refiden ten days at le ft, ex-
cept he be furprifed with ficknefs on a journey or from home, and dies without returning to his dwel-
*'"XVL ^nd be it further enacted by the authority aforefaid, Th^t no nuncupative will <^^f ^.^^ P^^J^^. Jj
the witnefTes after fix months from the making, unlefs it were put m writing w;thin_ten days nor IhaU
it be proved till fourteen days after the death of the teftator, nor till procefs hath firft ilTued to call la
the widow or next of kin, or both if conveniently to be found, to conteft it if they ^^mk proper.
XVII. Md be it further enaBed by the authority aforefaid', That every law heretofore in force in this fta^
and every claufe or part thereof, which come within the purview of this ad, are hereby repealed and
made void.
AfupplementdlaatoanaB, .«/,V/.rf, « An ad for proving of trills and granting admimftration', and ta'
prevent frauds in the management of inteftates eltates.
WHEREAS it isenaftediti the ninth feftion of the faid aO, "Th^t/^^'^tor^of ^"7 F^f^" ^e-
« ceafed fhall make their claims in feven years after the death of fuch debtor, ot^erwife luch
«• creditor fiiaU be forever barred ; and if it (hall happen that any fum or fums of mo.ey (hall he'eafter
.• remain in the hands of any adminiftrator after the term of feven years (hall be expired and not reco
«tvered by any of kin to the deceafed, or by any creditor in that time, the ^^i"^, ^^^ ^^ P"\'°f J'
"Churchwardens and veftry to «nd for the ufe of the pari(h where the faid money (hall remain. And ^»
there are no churchwardens or veftry- to make claim in fuch cafes, ' . . ' \ ' , ,
II. Bs it therefore enacted by the General Affembly of the flate of NorthXaroUna, and ,t,s hereby enacted by
the mthority of the same, That as foori as an adminifttator (hall- have fimflied his admomftration on iudie-
lateSji and tio creditor fhall make any further demand, the refiduaof fuch eftate (hall be depofued in the 1784-. 355
[ treafury, and there to remain without intereft, fub),e£l to the clai;n of creditors and the lawful reprefenta- (-•'-y^O
tivesof fuch tfecedent without boing fubje£t to limitation or time. subjea to le^a
in. And be it further enacted by the authority aforefaij^ That the treafurer is hereby authprifed and em- '^'*""^'
powered iti all fuch caf«s to demand oaymcnt of fuch adminillrator, and on refufai or delay, to give j'''^^'"f" to
*. ^,. , ,,-. r 1. 1 c r ji 1 /'.& demand pay-
notice or thirty days to appear an t Inew caule why he rerules or delays pay ineiit, and on non-appear- mem of admi-
.ance to enter up judgment, and thereon proceed to execution for the purpofes aforefaid. nistsator.
f; An aB dire&ing the af>poi.'jing of delegates agreeabli to the recoinmetidat on of congre/s. chap. 24.
'" ■ Superceded by the present constitution of the U Stales,
Ati aSl to amend an a?i pajfed at Hill/borough, in the year one thoufand feven hundred and eieh'y-three^ entiiledy CHAP. 25.
«« An aft for emitting one hundred thoufand pounds for the purpofe of government for one thoufand f«-
! ' ven hundred and eighty-three, for the redemption of the paper currency now in circulation, and advan- ;^"W Pi2SI,
'• '\ cing to the C9ntinenral officers and foldiers part of their pay and fubfiltence, and for levying a tax and '^^^'
' \ appropriating the- confifcated property, for the redemption of the money now emitted ;" Andalfo an aSi
pajfednt Halifax in ike year one thoufand feven hundred and feventy-nine, entitled '' An a^ for puniftiing
perfons comcerned in any of the feveral fpecies of counterfeiting in this date," to prevent the counterfeiting
oj certificates iffued by the public authority^ and to fuijeSi persons guilty of counterfeiting the bills oj credit of
thisfiate in any of the neighhotiringjlates to the same punishment as if the offence had been committed in this
state. . .
WHEREAS in the faid a£it pafled at Halifax in the year one thoufand feven hundred and feventy-nine»
it is ena£led, That if any perfon or perfons^ Ihall be found guilty of altering or paffing any coun-
terfeit bills of credit, lottery-ticltets or loan office certificates, for the fecond offence he or they (hall fufler
death without benefit of clergy : and whereas in the faid a£l pafTed at Hiliroorongh in the year one thou-
fand feven hundred and eighty three, it is enafted. That whofoever fhall by printing, writing, engraving,
br by any ways and means counterfeit any of the faid bills of credit emitted by virtue of this a£t, or any
part, word, letter, nartle, emblem or device of the fame, or fliall m.ake or conftru£t any die, prefs, type
or other inllrument for emitting or counterfeiting any of the faid biils, or any part, name, emblem or
device thereof, (except by authority of law or in cafe where fuch may be figntd to bring fufpe£ted perfons
to juftice) or fliall alter or deface any of the faid bills with intention to change the value and denomination
thereof, or fhall knowingly pafs or utter any counterfeit likenefs of any of the faid bills, being thereof law-
fully convifted by confelFion e(» verdift, or on arraignment on trial fliall ftand mute or challenge peremp-
torily more than thirty five juryrnen, every fuch perfon or perfons (hall be fubjefted to and fufFer the fame
pains and penalties as are provided by an a£l palled at Halifax in the year one thoufand feven hundred
and feventy nine, entitled, "ana£l forpunilhing perfons concerned in any of the feveral fpecies of coun-
terfeiting in this ftate," and thefe laws being found inefFedtual in preventing the uttering and paffing the
counterfeit bills aforefaid, •
II. Beit therefore enacted by the General AJfembly of the Jiate of North-Carolina^ and it is hereby enaBed by Pen. for pas-
the authority of the fame. That from and after the paffing of this aft, if any perfon or perfons fliall be a fe- sing, &c. coua-
cdnd time convifted of uttering or paffing in manner aforefaid any fuch counterfeit bills of credit, lottery- second 'tim*
tickets or loan-office certificates, he or they on fuch fecond conviction fluU fuffer death without benefit
of clergy, any law to the contrary notwithftanding.
III. And be it further enaSied by the authority aforefaidi That whofever fliall by printing, writing or en- Pen. for coun-
graving, or by any other ways or means counterfeit any of the comptrollers, auditors, commiffioners, co- fs'''"g- &c.^
lonels, or any other certificates iffiied by public authority, or any part, word or letter of the famej with an and other^cM-
intention to defraud and deceive, or fhall knowingly pafs or ofFelr to pafs or prefent as a voucher any coun- tificates.
teifeit likenefs of fuch certificates, being thereof lawfully convifted, fliall fufFer the fame pains and penal-
ties as are by law infli£led on perfons conviiffeed of connterfeiting. the bills of credit of this ftate*
IV. And whereas there is reafon to apprehend that wicked and ill-difpofed perfons rcfident in the neigh- Pen. on corni-
bouring ftates, make a pradtice of counterfeiting the current bills of credit of this ftate, and by themfel- terfeits in oth«r
^>es or emiffaries utter or vend the fame with an intention to defraud the citizens of this ftate. Be it there- *^*^^'"
fore enaBed by the authority aforefaidt That all fuch perfons fliall be fubje£t to the fame mode of trial, and
on conviftion liable to the fame pains and penalties as if the offence had been committed within Uie li-
iiuts <tf this ftate, and Iwprofecuted in the fuperior court of any difkia within this ftatft /
356 i^Si. rjiAP. 36 ^n aB to prevent the expoftniion of tmmerchantabk csmmoditUs.
'—""v-^j "TX THERE AS the eftablifriment of an infpeition for certain articles okporte4 from this date , would b»
ro'or' \"^' ^^' VV of great utility to the commerce thereof, * .,,...:.
2, 1784, 5. *^' ■^*' *' t^'ierefore enaBed by the General AJfembly of thejiate f>f North-Canlina, and it is hereby etuictedhy th^
Jr5pe."ors to authority of the same. That the juftices of the couiity courts of pleas and quarter feflions in the feversii
be a;-p3!nted counties hereafter mentioned, are hereby authorifed and required at the firft or fecond court tolje held ia
by lilt ccrtnty each of the faid counties after the paffing of this afl:, and on the firft court in each county refp^(SViyelyj •
ccurt». which (hall b? held next after the firft day of January in each fucceeding year, to nominate and aopoiut ,
in open court one or more fit or proper perfon or perfons, refidjng in th^ laid county, to attend at fuch
times and places as are by this aft appointed and directed to infpeft all fuch beef, porki rice, tar, pitch
and turpentine, ftaves and heading, fifti, flour, butter, flax -feed, fa wei lumber and (hingles, as fhall be
B;»cd. ejtpofed to fale for exportation within the refpeftiye counties according to the direftions of tliis aft ; and
every infpeftor fo appointed (hall before he enters upon pr executes his oflice enter into bond with two ,
good and fuflicient fecurities, in the pena'ty of five hundred pounds current money, for the true and faith- \
f ul difcharge of his office according to the direftions of this aft, (which bond and fecurities every fuch '
court refpeftively is hereby empowered and required to demand and take, and ^aufe to be aclcnowledged • |
ctdeVon hi"^*^' ''^^""'^ them in open court and recorded) and the faid bond fhall be made pay;ible tp the governor or com- ;
casieof a mander in chief for the time bemg and his fucceflors in office, and fhall be in force for'Jthe term of three
breach. years after fuch infpeftor (hall be out of office, and that in the name of the governqjr or commander in chief j
for the time being, any perfon or perfons injured may and fhall at his, her or their cofts and charges cpm- i
mence and profecute ^ fuit or fuits on fuch bond againft the parties therein bound, their executors or ad« ,\
ininiftrators, and fhall and may recover all damages which he^ ftie or they may have fuftained by ^eafon i]
of the breach of the condition thereof .• ^nd the faid bond ftiall not become void up6r» the firft recoveiry, \
or if judgment be given againft any plaintiflTor plaintiffs who may fue on fuch bond, but may be put in
Plaintiff to pay ^"'' ^"<^ profecuted from time to time for the benefit of the party or parties injured until the w|iolepenatf
double costs if ty exprefled in fuch bond (hail be recovered : Provided alivays, That if any y^idift 0|r judgment fhall pate
veriiia fordc for fuch infpeftor or his fecurity, the perfon or perfons at whofe inftance fuch fuit fhall beprofecutei;
entant. fhall pay double cofts ; and every fuch infpeftor fhall take the following oath, to wit, " ^ ^'
His oath. «y j^^ q^ do fwear that I will faithfuUyj impartially and diligently ejtecute the ofhce of infpeftor, aoijl
X " Aat I will not for favour, afFeftion, prejudice or partiality, brand for any perfon whatfoever any
« barrel of beef, pork, rice, tar, pitch or turpentine, fifh, flour, butter or flax-feed, or pafs any ftaves
•* or heading, lumber or Ihingles, other than fuch as are declared lawful by an aft of aflembly, entitled/*
jift aB to prevent the exportation of unrnerchantable commodities^ f according to the heft of my %iU and jud^ :
nient." ' ' ' ' •■■•■.':■" • ;■ ■ ^~_ :;
Cotirts power HI. And be it further enaBed by the authority aforefaid, That the Qounty cpurts of ple^s and quarter felfir- i
over inspeflors Qj,g pf jj,g refpeftive counties, (hajl be and are hereby authorifi^ anii empowered at any time to difcharg^ .
meB't.*^' "'"'^ any infpeftor from his faid office, who fhall miftiehave himfelf &ud aft contrary to his, duty, ^tiierein, thp
party complaining giving fuch infpeftor ten days previous notice in writing of the complnii^t agc^.inft him
with the .particulars thereof; and .at thedeaiii'or on the difabjUty of any of them^, to appoir\|; anofher to
fucceed fuch dead, difabled or niifbehaving infpeftor ; and if any fuch death (liculd happen in the vaca-
p .. . tion of fuch courts, it fhall then be lawful for any three juftices of inch court to no.rtiitiii^p. r.jnd appoir^
cesTn'tL''va-'' ^^^^ other fit and proper perfon as infpeftor until the next fucrceed.ing court f^or fuvfi county, or i^ any
ration.
jnfpeftor fhall by rendered incapable of performing his duty by (ickneiie or pilicr accident, it jpiiall then be
lawful for fuch irtfpeftdr by and with the confcnt of tiuee juftices to appoint fome ctlicrperfpn aji an aulft?.
ant during the faid ihfpeftor's ficknefs or other diiabiiity, which conient fliall.be cetti^ed yn^d^r thei|r
hands and lodged with the clerk of the court of the county whqrein the infpeftor refides; and the'pe^f^ctt
fo appointed fhall take the fame oath as infpeilors appointed by the courts, and the infpeftor fhall be li^
able to the fame fines and penalties for tl^ie Ciid afiiitant's bad cpnduft and tnijbehayiouij 3,3 he is liable to .^
for his own. , ' \l
Places appoint IV. And be it further enacted by the authority afprefaid, That the places and landings hereafter mentioned '\
ed for the in fhaH be and are hereby appoinrted for the infpeftion of beef, pork, rice, tar, pitch, turpentine, fiij(i, floui^ i
commodi°ies in Gutter and flax-feed, ftaves and heading, fawed lumber and flinigles, to which place^ all of the fai^ ciOfXi,- ^
the several • modities before fold or exported (hall be broujrht, examined and; infpefted, according to the direftiQi)^ ;
ctuniies. herein after mentioned, that is to fay. In liJew-tianpver. cpunty, at the.td\yn of \Vilmii\gton, New-Topfi^ ''
Inlet, and Soutb-'Wafliington : in Brunfwick county, at the town of Brunfwiclc, "Walkerfl^urg and Eagles 1784. S57 /
ifland oppofite the town of Wilmington, and the Great ifland below the Flats, and ail other convenient u*-v-0 ' ' '
landings ; Provided the infpedi'or appointed by the court of Brunfwick county for the landing on Eagles Kot 2, 42. Z
ifland, oppofite Wilmington, do refide in that town, any thing in this aft to the contrary notwithilanding ; ■ I
in Onflow county, at Swanfborough, Bear inlet, New-river inlet, and all other convenient landings ; in ;
Carteret county, at Beaufort, David Bell's landing on White-oak, and Abraham Dudley's on Houfton's 1
creek ; in Craven county, atNewbern, Clubfoot's creek, Lower Broad creek and Swift-creek bridge ; in ]
Beaufort county, at Bath, Walhington, Broad creek, South-dividing creek, Durham's creek, and Blount's :
creek ; in Pitt county, at Martinborough, Lanier's landing, E. Salter's, Diipree's and Ellis's landings, and I
Spiers's landing, the Red-Banks andSimpfon's landing j in Hyde county, at Woodftock and Log-Houfe
landing ; in Tyrrel county, at Ballard's wharf, Coniby, and other convenient landings ; in Chowan county }
at Edenton, Rocky Hock, Black Halls, Red Banks, Wilder's landing ; in Bertie county, at the landings --
heretofore in ufe for lading of veflels ; in Hertford county, at the landings heretofore ufed for lading velTels ;
in Northampton county, at Figure's point, and Pitch landing, and Jones's warehoufe ; in Halifax county ■
at Halifax town and Edward's ferry ; in Edgcomb county, at Tar Dorough, and all other convenient land-
ings ; in Perquimans county, at the landings heretofore uled for lading of veflels ; in Pafquotank county, ^
at Nixonton, New-Begun creek, Pafquotank-river bridge, Little-rivei bridge, Simons's- creek i:)ridge, Win-
field and Parmer's landing, Poflum Quarter j in Currituck county, at Tuli's creek bridge, Moyack creek, •
widow Jarvis's, near the Narrows, Indian- town bridge, Checonocomick, near Thomas Pain's landing, at '■*
the head of Tiil's creek, Currituck court-houfe, mouth of North-river, Cowenjack biidge and Lindfay's ; i
in Cumberland county, at Fayetteville ; in Camden county, at the landings where commodities have ufu- ' '
ally been fhipped ; Wayne county, Cobb's landing. Spring-bank, Old-ftore, Weft point ; Martin county, \
-at the landings heretofore ufed ; Dobbs county, Kingfton, Abraham Shephara's, Bryan Whitfield's, Beij- ]
jamin Cafwell's landing. Peacock's bridge ; Davidfon county, at Nafliville ; Montgomery county, at Allen*s .']
landing : Jones county, at Trenton, Pollock's ferry, and other convenient places ; Johnfton county, at ''
Smithfield and Boon's landing ; Gates county, at Old-town, Bennett's creek, and other convenient places.
Provided neverthelefs ^ That any perfon or perfons having at any landing, which is not by this a£t appointed _ . '
a place of public infpeclion, a quantity of merchandize for exportation, and being defirous to fliip the fame '^*'^'**'' |
direftly on board a vefl'el for exportation from fuch landing, it {hall and may be lawful for fuch perfon or ^
perfons intending to fliip and export the faid merchandize as aforefaid, to call any infpe£tcr, who is here-
by required to infpe£l and brand the fame under -the rules and directions herein mentioned, any thing in '
this a£t contained to the contrary notwithftanding. .
V. And he it further enaBed by the authority aforefaidy That where any fuch infpecEtor fhall be appointed InspeiSors of '
i>y this a£l to be held in any town that fends a reprefentative to the aflembly, the court of the county where- "»« borough
in fuch town is (hall not nominate or appoint any other infpeftor or infpe£lors for any fuch infpedtion, J®^'^* '<> reside
but fuch perfon or perfons who (hall during his continuance in office refide in fuch town. ' ^
VL And be it further enacted by the authority aforesaid) That no mafter or commander of any fhip or veflel Pen. on mas* :
{hall take on board his fhip or yeffel any fuch calk or barrel, or other infpeftable commodity as aforefaid, ters of vessels
without being infpefted and branded, as by this a£l: is required, under the penalty of one hundred poundi „„ 1,03,.^ mm.' -
for each offence, one half to the informer and the other half to the wardens of , the county wherein the of- spefl^ com- \
fence ihall be corr-n^itted, to the ufe of the poor of fuch county, to be recovered with cofts by aftion of ""c^^iea, ^
-debt, in- any court of record having cognizance thereof. • . i
VIL And be itfurtlur endued by the authority aforefaid. That no naval officer (hall enter any (hip or vef- Oatlu
fcl before the mailer or commander thereof (hall have taken the following oath : '
*' "\7' OU fliall fwear that you will not export in the fiiip or veflel whereof you are mafter or commander
X " any barrel of beef, pork, rice, flax-feed, tar, pitch, turpentine, fifli, flour or butter, that ihall not '>
*' have an infpeftor's brand thereon, except fuch as (hall be neceflary for the velTei's ufe." !
Which oath the naval-officer of the port or his deputy is hereby empowered and required to adminifl:er, \
and fl'.all and may take and receive of fuch mafler for the fame two (liillings and eight pence ; and no na- .'
val officer fhall clear out any (hipcr veflel until the mafter fhall produce a certificate or certificates from !
the irfpedor or infpeClors that his cargo has been infpefted agreeable to this a£t, under the penalty of fif- i
ty pounds current money, to be recovered and applied as before dire£ted. i
Sflll. ' And be it further epaSied by the authority aJorefaidyThat every naval officer o"r his deputy (hall grant a Naval-officera '
certificate to the matter or commander of any ftiip or veflel of his having taken fuch oath, under the pen- ^° certify it, '
Vol. I. 4 Y
358 1784. alty of twenty-five pounds for each neglecl: or refufal, to be recovered and^ applied as herein bef'cwe'dire£3^''
^-o-y-**^ ed, for which certificate the naval-officer fhall and may receive three iliillings.- ' ' ,
Inspeaors to IX. And be it further eftaSled by the authority afor'efaidy That every fuch infpeftor (hall conftantly attend
brmidiii-'^irons ^* ^^ places for which he {hail or may be appointed, and fliall provide iih iron to brand any of the cbm-
• &c. * ' modities, bearing the name of the infpeftor arid his place of refidence, and (hall find iaboiirers equally with
tiie owner to affift in weighing, the feveral commodities he (hall irifpefl arid weigh, and alfd flialt find and.
provide proper fteelyards or fcales of the lawful ftaridard for that purpofe ; and if any irifpeclor fhall neg-
lect his duty, or brand or Itamp a.ny of the commodities contrary to this a£l, or brand any empty barrel, or
lend his brand to any perfon or perfons whatfoevtir, he flvaU forfeit and pay for e^ry barrel or caflc of beef, •
pork or rice, fifh, flour or flax-feedyten pounds, and for every barrel of tari pitch or turpentiriej twenty
fhiilings, and for branding any empty barrel or lending his brand one hundred pounds, (o be recovered
with cofts, by aflion of debt, by and for the ufe of any perfon who (hall fue for tile fame before any ja-
rifdiflion having cognizance thereof, and every other perfon or perfons that flvdll by any ways or means
brand or procure to be branded any cafk or barrel as aforefard, than by the inl^iedor or by his affiftant, he
or they fo offending,^ {hall forfeit and pay for every fuch offence the fame finesand penalties as infpe£lors
are by this a£l liable to pay for breach of duty or mifbehaviour. ' ■ - •
Beef and -pcrfc ' •^* -^f^d be it further enacted by the authority afore/aid, Thzt all beef or pork packed within this {late'
how packed for falcor exportation, fhall be put in good and fufficient new white oak caflcs, which fhall not con-
with the di- fain more than thirty-one gallons and an half, wine meafure, each barrel, and fifteen gallons and three"
the"c«ks.°*^ quarts each half barrel ; and all barrels and half barrels fliall be mdde of timber fealoned at Iea{l fix
2,1784. 5. months after the riving, the (laves- not lefs than half an inch thick when wrought, the heading not leis'
f.vtly repeaUd. than" three quarters of an inch thick and well dowellsd, twelve good fubftantial hoops oh each cafk ; and
0.2,16, the whole to be tight, fit to hold pickle, and made in a workman-like manner, and (hall contain at
leaft two hundred and twenty pounds of good found and clean merchantable meat, well falted and cur-
ed with at leaft half a bulhel of fait to each barrel, and nailed and packed, and no more than two heads
in one barrel,, and not any boars flefh in any barrel of pork, or any heads or bulls flefh, or more than two
{hanks in any barrel of beef,- and every cafk of rice (hall be filled with found and well cleaned rice, and
after the fame has been infpecled, found good and merchantable, every fuch barrel (hall be by him
branded as aforefaid, and a certificate thereof given to the own?r, bearing date^ in words at length the
fame day fuch commodity was infpefted and pafTed,
XL And be it further enaBed by the authority aforefaid. That each barrel of fifh (hall be full ofwell fa-
Fish how to be ^^^ ^^ *"^ packed with half a bu{hel of allum fait, and the barrel fhall not contain lefs than thirty-twd
saved «nd salt- gallons, wine-meafure, and each barrel of flour fhall contain one hundred and ninety*fix pounds weight
ed, &c. of net flour well ground, boulted and packed.
2,1784,5. XII. And be it further enaBed by the authority aforefaid, That every barrel of pitch or ttirpentine {hall--
Furtier direc- contain thirty-two gallons, and be free from any fraudulent mixture, and in good and fufficient calks
tiotis, Vol. 2, made of good feafoned (laves at leaft three quarters of an inch thick and not exceeding four inches in
^- breadth, and each to be at leaft two thirds covered with good hoops, and the joint of the head placed
their proper perpendicular to the bung, and before it be branded by the infpe^or (hall be weighed in his prefence,
quantities, &c. and every barrel of pitch or turpentine (hall weigh not lefs tlian three hundred and twenty pound weight
2,1784,5. including the barrel, and if any pitch or turpentine fliall be found by the infpedlor to be fraudulently
mixed, the fame (hall be condemned and forfeited to the ufe of the poor where the fame ihall be, arid
may by the wardens thereof be cleanfed and fold for fuch ufe; and every barrel of tar fhall be the
gauge of thirty -two gallons wine-meafure, and every barrel of lefs fize or in bad cafks not being two'
thirds bound with hoops, fliall be put in merchantable order at the expence of the owner, and ever bar-
rel of tar, pitch and turpentine, after the fame (hall be infpefted, gauged, found clean, well filled and
in merchantable order, fhall be by him branded. And for^ifmuch as it is difficult in warm and rainy
weatlier to feparate tar from water. It is hereby declared. That water fliall not be accounted a fraudulent
mixture in any tar, but that in fuch cafes the barrel fliall not be branded by the infpedor until the fame
is as free from water as it can be made, any thing herein contained to the contrary notwithftanding.
Marked with XIII. And be it further enacted by the authority ^orefaid. That every maker of tar, pitch or turpentinei
each"ma£r°^ fliall mark or brand every fuch barrel with the initial letters af his or her' name not lefs than one inch
|ac mawr, \q^^ ""'ier the penalty of One ftuliing.fpT cvery barrel 88 may not be fo branded^, and every perfon fo
/ailing or neglecllng ftwll alifopayone halfpenny per barrel to the infpe£kor for marking the fame wicli 17S4<, 359
the initial leitersof the marker's name, which fee thail be paid by the perfon paying the fees of infpec- '-^"^r^f
Hon and by hirn jnay be charged to the maker ; and every iufpe£lor fhall keep a book in which (hall be
fairly entered the maker's name and mark of every barrel of beef, pork, rice, tar, pitch and turpentine,
flour, fifh and butter, the number of barrels landed, the number of barrels infpefled of the fame mark,
the merchant of fhipper's name cauiingLh« fame to be infpe£ted, and the time of infpedlion, and fhall
give a certificate of any parcel to any perfon requiring the fame on payment of one (hilling.
XIV. And whereas the faid commodities by being expofed to the fun or kept too long 6n hand after To be export.
fnfpeftion may become unmerchantable, Be it further enaSled by the authority afore/aid. That no beef, |^^'jt^^*|^J^<f ''*
pork, .rice,t fifli, flour or butter (hall be ihipp.ed on board any ftiip or vefl'el for exportation after th« ex- i-emspected,
piratioh of (ixfy days from the time the fame*was infpe£led, nor any tar, pitch or turpentine after the
expiration of twenty days, until the fame (hall have been again infpefted, and certificate or certificates
granted in the fame manner as if fuch commodities had never been infpe£ted ; any thing herein contain-
ed to' the contrary notwithflanding : And every perfon offending herein (hill forfeit five hundred pounds
and the maftor or commander of fach (liip or veflel (hall be liable to the fame penalty a$ for taking on
board any of the faid commodities without being branded.
XV. And be it further er.dBed by the authority afoYeJaidi That all ftaves and heading which (hall- Be fold Dimension of
or (hipped for exportation (liall be of the following dimenlions, otherwife not merchantable, to wit, "*^^*'
Butt ftaves (hall be five feet nine inches long, four inches broad, and an inch thick on the heart or thia-
edge and clear of fap •, pipe (laves four feet eight inches long, four inches broad, and, three quarters
of an inch thick on th=6 heart or thin edge, and free from fap j hogfhead (laves fhall be three feet fix in-
ches long, four inches broad, and three quaftefs of an inch thick on the heart or thin edge, and free
from fap j barrel ftiVeS (hkll be twb' feet nine' inches long, four inches broad, and three quarters of an
inch thick on the heart or thin edge, and free from fap ; white-oak hogfhead heading (hall be thirty-twO
inches long, fix inches broad, and one inch thich on the heart or thin edge, and clear of fap ; barrel
heading (hall be nineteeit inches long, fix inches broad, and three quarters of an inch thick on the heart
or thin edge, and clear of fap ; which faid feveral forts and kinds (hall be of the aforefaid dimenfions
at lead and made of found timberl
XVI. And be it further enaBed by the authority aforefaidy That the' dimenfions of boards, plank, fcant* of boards an*
ling and (hingles (hall be as follows, or otherwife not merchantable : All (h ingles not lefs than eighteen scantling.
inches long, four inches broad, and five eighths of an inch thick, well made and of found timber, and
iio boards or plank (hall be deemed merchantable or paflcd by any infpeftor that is not free from any fpHt
not lels than twelve inches long, hath no edge lefs tlian half an inch thick', and as near as may be of an staves, &c. not
equal thicknefs at each end ; and every board, plank, piece of fcantling, or other fquare timber* being inspeacd un-
marked with the number of more fuperficial feet than are contained therein ; (hall be forfeited to the jess required
warden? of the county for the ufe of the poor thereof .• Provided rteverthekfsy That no ftaves or heading, g^_ ® ''"'*^ **'
fiiingles, boards, plank or fcantling (hall be infpe£led unlefs required by the purchafer.
XVII. And be it further enaEied by the authority aforefaidy That from and aftet the paflVng of this aft no No cooper to
cdoper or other perfon whatfoever making casks (hall expofe to fale zvj barrel or half -barrel for the hold, expose any ^
ing of pork or beef, other than fuch as are by this a£l direfled to be made for that ufe, under the penal- butluchas'* '
tj of twenty (hillings; and every cooper or other perfori making barrels or half-barrels befoie they ex- this aadireas.
pofe the fanie to fale (hall fet his or her proper brand upon the fame, vvhich brand (hall be recorded in To fix his
the oflBce of the clerk of the county court where he or they (hall relide under the penalty of ten pounds J^^g^f ^^""^
for each and every neglefl, and every barrel for tar, pitch and turpentine (Ivall be branded in the manner 2,i7S4, 5*.
rforefaid by the maker thereof under the penalty of (ive fhillings.
XVIII. And be it further eriafled by the authority aforefaid^ That every feller or expOJ'ter of beef, porfc, Certificate* of
rice, tar, pitch and turpentine, fi(h, flour, butter and flax-feed, fhall produce the certificate of the in- inspeflion pro-
fpe£tor Vho infpefted the fame and make oath or alHrmation if required, before a juftice of the peace, " "
on the delivery of the goods fold or exported, that the feveral commodities by him to be fold or export- And oath, &c.
ed, are the fame that were infpe£led and pafled, and do contain the full quantity mentioned in fuch cer- if ret^ir^d, &.c>
tificate without embezzlement to his knowledge, which oath or afllir'mation the juftice (hall and is here-
by required to certify on the back of the certificate, which certificate the feller (hall deliver to the buy-
er of fuch commodities fold, and the perfon exporting fuch commodities (hall deliver fuch certificate
Uw raafter of th^ fliip or velTel' on board which the fame Ihafl be (hipped, and if fuch feUer or expor-;
S60 17S1-.
T.-Vsonsincli-
;,< >le as> ivl-
Sj et\ors.
He rot to be a
rricmber of As.
tcemlily.
Gificeto be for-
feacd on bav-
ins ^^y other
place of profit.
Fines and for-
feitures how
recovered and
applied.
Pen. on in-
speiSors for
ouying unmer.
chaitable ani«
cles and cul-
lings.
Ante p. 243.
Repealing
clause.
Suspending
slauae.
trr fhnll refufe to nrake oath or affirmation, he Avail for every fuch offence forfeit and pay the fum of
one I;i:ndtecl pounds.
XiX. And be it further enacted by the authority afore/aid^ That no perfon holding any poft or place of
profit by deputation or otherwife -flial! be appointed to the office of infpe£toT, and no infpeftor (hall be
capable of being eledled a member of the aflembly ; and if any perfon fliall be appointed to fuch office,
and fiiall accept of any poft or place of profit after fuch appointoient, he {hall be rendered incapable of
holding hisfaid office of infpeftor, and the court fliall propeed to r-ppoint, another infpeCtor in the rooip of
fuch perfonj according to the directions of this a£t»
XX. {Provided for by aB OSi. 1784, 5.]
XXI. And he it further enaBed by thf authority qforefaid^ That the feveral fines and forfeitures by this a£fc
inflidted, for which no method of recovery or application is herein before direfted, ftiall and may be re-
covered with cofts before ;^ny jurifdiftionhavmg cognizance thereof, one half to the ufe of the profecu-
tor, and the other half to the county wherein fuch penalty {hall be incurred, to be applied by the juftices
of the inferior court towards lelTening the county tax.
XXII. And be it further enaBed by the authority aforefaid. That no infpe£lor fhall by himfelf or others
purcliafe any cullings or other articles that do not pafs infpeftion, upon pain of forfeiting fifty pounds, to
be recovered and applied in like manner as other fines and forfeitures are direfted by this adi.
XXIII. And be further enaBed by the authority aforefvidy That the la{l claufe of an a^ of aiTembly pa{red
at Newbern in November, one thoufand feven hundred and feventy-feven, entitled, " An a£l to amend
the ftaple of tobacco and prevent frauds," be and the fame is hereby repealed and made void.
XXIV. And he it further enaBed by the authority aforefaid. That this aft Ihall not be in force nor take
efi^eft with refpeft to the exportation of unmerchantable commodities until the fir{l day of Septeoibe?
next.
CHAP. 27.
iim, 50.
Commissioners
of navigation
to grant com-
irissions to pi>
lots.
^Vho are to
give bond.
How to be pro-
;»ded on in "
ase of a
1/1 each.
Pilots nay be
removed for
n>iibehaviour,
An aBfor regulating the pilotage and facilitating the navigation of Cape-Fear river,
HERE AS the fums allowed by law to the pilots of Cape- Fear river are inadequate to their fervii.
ces, by reafon of which they refufe to take out branches to enable them to aft, and feveral of
them'go to other ftates where encouragement is greater ; and whereas the duty of the pilots and of the
commiffioners of pilotage is contained in fo many dilFerent afts, th^t it is become neceflary to reduce the
fubftance of them all into one, with fuch additions and smendftifnts as may tend fo render th^ law in that
refpeft, more complete ;
II. Be it therefore enaBed by the General Affetnbly oftheflate of Nprth-Carolina, arid it if hereby enacted by thi
authority pf the fame. That the commilTioners of the pilotage for the bars and river of Cape-Fear, or a ma*
jcrity of them, are hereby authorized and empowered from time to time to examine as rnany perfons as
fhall offer themfelves to be pilots for Cape-Fear river aforefaid, not exceeding ten in number, and oi\
approving any fuch perfon to be a pilot fhall give to fuch perfon a commiffion under their hands and feals
to aft as a pilot for the bars or river according as they fhall find him qualified.
III. Andbeitfurther enaBed by the anihority aforefaid. That every fuch perfon {hall before he obtains
commiffion or branch jfp be ji pilot give bond with two fufficient fecurities to the governor or commander
in chief for the time being, and his fuccelTors in office, in the fum of two hundred and fifty pounds law-,
f ul money of this flate, with condition for the diie and faithful diffharge pf his office, which bond fhall
be lof'ged in the fecretary's office in truft for fuch perfon or perfons as fhall appear to be injured by fuch
pilot, and iliall be affigned to any perfon applying for the fame, and a copy thereof with a copy of fuch
affignment thereon ^lalj be delivered in order to profecute fuch pilot and his fureties, and the perfon or
perfons to whom any affignment or affignmcnts fliall be made fliall and may maintain an aftion thereon,
and the bond fhall not be void upon the firft recovery or if judgment fliall be given for the defendant, but
may be put in fuit from time to tjtne by any perfon w|.io fl.al| be Injured by a breach of the condition
thereof, until the whole penalty fhall be recovered.
IV. Ard be it further euaBed hy the authority ahrcfaid, That uppn tlie mifbehavipur of any pilot in his
ofTcc, the faid ccmrriffioners or a majority of them fliall and they are hereby authorized and required to
ren.ove fuch pilot from his office by a note in writing direfted to him and fublcribed by them, and to ap-
point arother in his flead in m.arnei aforefaid, and the comnufficners fi.all put up notice in writing in all
public places within the faid pert, or publifh in feme convenient newfpaper that fuch pilot is removed.
V. Relating to Bur pikts and thtir fees repealed J l^iBQ, 5Q, yol, "2, 99,
/ 'Vt. Relfdiffg U river pihfs atid thefi^yjfff, r^piealed, 1786, 5Qi 179Pi 8, 1784. 361
Vlf. And be it further ettacfediy the authority aforefaid. That if any pUot who {hall be authorifed to a£l \^^rr>»m>.
-;ifi:fuch for Cape- Fear ftiaU alk, demand, take or receive any greater fees for his fervices than are allowed l*en. for taking
by this z€t he (hall forfeit and paythe fum of one hundred pounds lawful money of this rtate, to be re- ewoitanr fees,
covered by afliop of debt in any court haying cognizance thereof^ one half ta the perfon who (hall fue for
the fame, and the other half to the faid commiffioners, to b« by them employed in improving the naviga- R&tes of p^lot-
tion of the faid river » anjd that all 'perfons concerned may know vh'at fees the pilots may lawfully demand age ;o be fixei
die commifGoners of the pilotage aforefaid fhall caufe to be affixed in the naval office, in the colle£tor's '^^'^ Sk'*'
office and at fort Johnfton'as foon as an officer (hall be Rationed there, true copies or" tables of the feveral
rates of pilotage as the fame are afcertained'by this a£j:.
VIII. Repealed, n86j 50.
IX. And whereas many of the Gape-Fear pilots have negle£led to give due attendance when called up- P-'n. foe noti-
on to pilot veffels up or down the river. Be it therefore enaSled by the authority aforefaid. That when any pilot *''enJance.
ftiall have notice from the mafter of any yeflel or other perfon in his behalf to attend 1n piloting fuch vef- *
fel and fhall not go on board for that purpofie withont delay, the pilot having fuch notice (hall forfeit and
pay the fum of five pounds (unlefs he. fhall at the time of fuch notice have the aftual and perfonal charge
of fome other veflel) for each and every day's delay of the velTel of which he had notice to attend'by rea-
fon of fuch pilot's negle£l:, to be recovered by a warrant under the hand of any one of the commiffioners
on oath being made of the faft (which oath any of the commiffioners is hereby authorized to adminifter)
and fhall be paid to the mafter or owner of the veflel fo detained or delayed.
X. And be it further eaaSied by the attbority ifprefaid, Th^t if the mafter of any veflel fhall fend for? or Pilots' fees for
take on board, any pi'ot to ci)udu£t fuch vefjel from her Ration to any other place in the faid river, and fhall ^«*«"*'«>nand
^fterwards negleft or delay to removefuch veflel (wind and weather permitting) fuch mafter fhail payun- jiicaseof te-
tothe pilot attending ten Ihillings for each and every dayhe IhaU be fo detained ; and if any veflel which. ing blown off,
(hall be boarded by a pilot without the harbour fhould happen to be blown oflftp fea by the violence of tixe
weather, the pilot on board fuch yeflel fhall alfo he entitled to receive frpm the mafter thereof ten fhillings.
for every day he fhall be at fea jiniil the faid yeJTel fhall be brought into port, which funi fuch mafter is
hereby required to pay.
XL And be it furthir tnaBed by the authority aforefaid^ That if any pierfon not fuithorifed as a pilot for Pen. on per-
Cape-Fear in manner by this afl direfted, ffiall aflume and take upon himfelf the office of pilot, and ftiall ^""f ?■'<>""«
bring 01 attempt to bring into the faid river any veflel whatfoever, fuch perfon ftiall forfeit and pay the b^ranch' *
fum of tiS'^nty pounds, to be recovered by adlon of debt, one hajf to the perfon who fhall fue for the fanie *
and the other half to the conmiiffioners for improving the navigation of the faid river. Provided always.
That it fhall be lawful for any perfon to conduct into the port pf Brunfwick. any veflTelin danger from difr
trefs of weather or in a leaky condition^any thing herein to the contrary notwithftanding.
XII. And whereas it ha^.been.>:uftomary for m afters of veflels who are acquainted \yith the bar of ^''"^s entitled
Cape-Fear river, the New,inlet, and the river up to 'NVilmington, to bringtheir veflels into the harbour and 'hou'if^h*- '
up to the faid town without employing any branch pilots; and it being neceflary to give good pilots eve- ser°vi«s*bere.
ry. poffible encouragement, Beit therefore enaSitd by the authority aforefaid. That when any mafter of a vefl!el fused.
fliall refufe a pilot to come into or up the faid river, or in any pax;t pf the faid river to go out of either of
the inlets, then fuch pilot forefufed fhall be entitled, to the full pilotage In the fame manner as he would
have been had he been ai&naliy employed for the purppfe of piloting fucK veflel ', any, law, cuftono, ox ufage
to the contrary notv/ithftanding.
XIII. And whereas it is neceflary that fome of the piipts. of Gape-Fear fiiould refide as near the mouth of PHots whew
the river as pofl"ible, in order to be ready on all occafion? when any vefl^el may appear off the bar, and there '*^'*^^'
\^\xxg no fituation fp convenient as the ground which belongs to the public, pn part of which fort Johnfton
.rtoai, Ee it therefore eiui£ied by the authority aforefaid. That the commiffioners of the (aid pilotage do fuffer Provision for
llich number of pilots as they ftiall deem neceflary to build fuph houfes for the conyenienpe of themfelves themxelves and
aud families refpeaively pn the public ground as they fhajl think proper, and that every fuch pilot may en- *«* families,
clofe for hU own ufe an acre of ground for his buildings, gardens and other conveniencies, to hold the fame
•\^a. ^^^ '^"""g the time he ffiall continue in office : and in cafe fych pilot fliall die in office, his fa-
mily fliaH and may continue in pofleffion of fuch acre of ground and premifes for and during the term of
leven years from and after the death of fuch pilot ; Pr eviifed aiivays. That none of the pilots ftiall lay off
luch acre-* of gto»nd fo near the file of foit Johnfton Jvsto, i»terfere with any fortification hereafter to be
Vox-. I. 4Z '
362 1784. erefted, of which the commifEoners of the pilotage of Cape-Fear rivei' ate required to take notice, fo as to
',<*»v"*J prevent any inconvenient eacro-ichments : /'/•ou/.,W a^, That the family of any deceafed pilot ihall not
commit any wafte on the buildings or improvements made by fux:h pilot ; and if any wilful w^ftefhall in
fuch cafe be committed, fuch family may be removed by the commillioners.
Pen. for refus- XIV. And be itjurthir enabled by the authority afo^efaidf That when any br"-nch pilot ihalf fee a veffel on
ng to board a the.coaft having a fignal for the pilot, or fliall hear a gun or guns fired off the coaft, and (hall refufe or
vessel o ering negleft to go to the alFiftance of fuch veflel, fuch pilot fhall on conviftion forfeit and pay the fum of twen-
ty pounds, to be recovered by aiSiion of debt in any court of record in this ftate, the one half to the infor-
mer, and the other ha'f to the ntafter of fuch veffel.
Pen. fo? a pilot XV. And be it further enaSied by the authority aforefaidf That if afty branch pilot of Cape-Fear river (hall
suiiering Jil- knowingly fuffer any kind of ballafl: or trafli to be thrown out of any veffel into any part of the channel of .
thrown over- ^^16 f^id river, and (hail not within ten days after the commitEan ot fuch offence make information there-
board, &c. of to one or more of tjie commiffioners of pilotage, fuch pilot (liall upon conviction ba forever rendered'
incapable of arting as a pilot for the faid river oi" any part thereof.
XVI. Rdlatitig to pilots partneJhipSy repeakdy 1783, 50.
XVn., XVIII. fl«i XIX, Relating to a tax or duty on veffehy ob/olete,
XX. Relating to quarentme, repealed, Vol, 2, 36.
XXI. Rdliiing to the v-'Jfel tax, obfolete.
Oath to pre- XXII, And whereas the channel of Cape-Fear river huth been greatly injured by throwing ballaft and
of"th*'channel ^^^'^ ixz^h threin ; for remedy whereof, Be it enaJied by the authority aforefaid. That every matter of a
b)' uuast. veffel coming into Cape-Fear river ftiall upon his arrival at Wilmington, take the following oath before
the naval-officer or his lawful deputy, who is hereby empowered and required to adminifter the fame, to
wit,
« r A. B. do folemnly fwear that I have not thrown, or caufed or fuffered to be thrown, nor will I di-
_!_ « re£tly or indireflly throw, or caufe or fuffer to be thrown, any ballaft into the channel of Cape-
*' Fear river or otherwife fo as to injure the fame, but that all ballaft by me imported Ihall be landed or
« thrown entirely above low-water mark. SO HELP ME GOD."
Peni for ballast And if any ballaft (hall be thrown out of any veffel into any part of the channel of the faid river by any
being thrown fajigr, mariner or other perfon whatfoever, the mafter of the veffel fro.n whence the fame fliall be thrown
*^*'' . ihall forfeit and pay the fum of fifty pounds, to be recovered by a£lion of debt by the comniiffioners of
the navigatio.i and pilotage, one half to the informer, and the other half to be applied in improving the
Time to sue. navigation of the faid river: Provided always, That no recovery fliall be had theraon unlefs fuit ftiall be
brought within twelve months after the time the faid offence ftiall be commktedi.
Masters to XXIII. And whereas feveral of the inhabitants in the neighbourhood of Cape-Fear and parts adjacent,
give bond to have been greatly injured by mafters of veffels carrying flaves and fervants out of the faid port, and the
servan'for" P*'<'*s have bSen great fufferers by fuch mafters departing without paying their pilotage, Be it therefore en-
ilave, and to aSied by the authority aforefaidy That in all bonds taken from mafters of veffels of virtue of an aft, entitled,
pay pilotage. « An aft for the entering of veffels, and to prevent the exportation of debtors," there ftiall be the follow-
Ante l\^ *"S further conditions added thereto, that is to Jay, That th? mifter giving fuch bond ftiall not tfanfport or
" carry off any flave or flaves, fervant or fervants belonging to any inhabitant of this ftate, and ftiall not de-
part the port without paying pilotage according to law } and in cafe of a breach of the condition of fuch
bond, or any part thereof, the mafter and his fecurlties ftiall be liable in the fame manner as they would
have been had the additional condition not been added.
How vacan. XXIV. And be it further tnaSiei by the authority aprefaii. That in cafe of the death, refufal to aft, or re-
commSei* «"oval from New-H mover and Brunfwick counties, or other difability of any of the prefent or any future
tolKsuppiieU. commiffioners, it ftiilland may be lawful for theiemaining commiffraners, or the majority of them, and
they are hereby direfted to eleft another or others in the room of fuch cosimiffionef or commiffioners, fo
that the refidence of fuch nawelefted commiffoner or commiffoners be in Brunfwick or New-Hanover
county, and as nearly convenient to the river and the town of Wilmington as may be, which commiffion-
er or commiffoners fo elefted ftiall be vefted with the fame powers as the other commiffioners.
Powers of the XXV. And be it further en%3ed by the authority aforefitd. That the commiffioners of th? pilotage and na-
orthe^nirdlage vigation of Cape-Fear river for the time being, ftiall have authority in all matters that may concern the na-
and nav.gatioii vigation of the faid river from Negro-Head Point downwards, and out of each of the inlets ; and with re-
of Cape-reir fpgft to throwing trafli in the river at the town of Wilmington and the contrai^ioa of wharves, Ihall hav?
k concurrent juirildiftion with the Commiffioners of the town of Wilmington) and the commiflioners of the ITSi. 363
pilotage and the comraiirioners of thefaid town- {hall confult together upon the beft methods of prevent- v.*»'V'vJ
ing any injury being done to the channel by wharves or otherwife oppofite to the faid town ; and until a 1?'8S, oO,
iund can be eftabliihed for the payment of a harbour-nnafter the commiffioners of pilotage, or fuch of
them as (liallrefide in the town of Wilmington, ftiall decide alldlfputes aboat the mjoring of veflels, and
other matters which pn^erly fall within the department of a harboui. mafter.
XXVI. And be it further enaited by the authority aforefaid^ Th:it all and every a£l: and a6ts of the general Repealing
alTembly tor facilitating the navigation and regulating the pilotage of Cape-Fear, fo far as the fame con- clause.
cerns the navigation and pilotage of the faid river (excepting the duty of three penci per ton upon {hip-
ping which is to continue until the duty laid by this aft takes place and no longer, and the appointment
of commiflioners of the navigation and pilotage) be and the fame are hereby repealed and made void.
An a£i for afcertainihg the fees of the pilots at Occacock, Beaufort, and Bogue inlets, andfor appointing commif- chap. 28.
f oners of navigation for Bogue inlet,
I. Repealed, Vol. Q, 66, 129.
II. And be it further ena^ed by the authority a forefaid, Tdzt there (haW he zUowei znd }pa.id to every pi- Over Beaufjrt
k)t who {hall take charge of any {hip or velTel over the bar of Beaufort the following fees, that is to fay, '^^'"•
For every (hip or velTel drawing eight feet water or lefs from the outfide of the bar to the anchorage at
Shackleford's banks or Borden's banks three {hillings per foot, for every vefiel that draws niore than
eight feet water three {liillings and lix pence per foot.
III. And be it further ena^ed by the authority aforef aid, 1*hat lldward Starkey, John Starkey, William Comm-ssioners
Nelms, George Mitchell, and Reuben Grant, Efquires, be and they are hereby appointed commiffion- j°g ,^2^32 '"'^''
ers for the navigation of Bogue Inlet, and they are hereby declared to have the fame powers and autho- " ' '
rities with refpeflt to the pilots and pilotage of the faid inlet and its navigation as the commilfioners of
navigation iti the feveral ports in this ftate are invefted with by law.
IV. Repealed Vol. 2, S2.
v.- And be it Jurther enaBed by the authority aforefaid. That the comniilTioners or a majority of them iri How pilots to
each refpe£live pOrt, {hall have full power and authority to examine pilots touching their qualification^ ^ authorised.
and upon their approbation to grant them certificates to pilot velTels into the aforefaid ports, and {hall
annex to the; branch or certificate of every fuch pilot a copy of the: fees allowed them by this a£t, and al- ^-''^ P- ^-^^^
fo a copy of this claufe ; and in cafe any perfon {hall attempt to pilot or take charge of any veflel with-
out-having obtained a cer?ificate for fo doing, and alfo given bond in manner as is direiSted in an a£t,
entitled, " An a<5t for facilitating the navigation and regulating the pilotage of the feveral ports of this
ilate," {hall forfeit and pay for each and every offence one hundred pounds current money, to the ufe
and benefit of any perfon fuing for the fame:
An a£i to prescribe the affirmation of allegiance and fidelity to this Jlate to be taken by the people called fakers, chap. 29.
andfor granting them certain indulgences therein mentioned.
t Repealed, 2, 1784-, 21,
II. And be it further ena Bed by the authority aforefaid. That from and after the palfing of this a£l, it fhall Privilege to
be lawful for Uie people called Quakers to wear their hats as well within the feveral courts of judicature ^**'" '^*'*» ^'^»
in this ftate as el fe where, unlefs otherwife ordered by the court.
III. And he it further cnaBed by the authority aforesaid. That fo much of an aft of general alTembly palTed Repealing
in the year of our Lord one thoufand feven hundred and fixty-two, entitled, «« An aft for the bet- clause.
ter care of orphans, and fecurity and management of their estates," aS comes within the pur- g^"'^^ P *
view of this aft ; and fo much of an aft of the general alTembly palTed in the year of our Lord one
thoufand feven hundred and fevertty-nine, entitled, " An aft to prefcribe the a{firmation of allegiance and
fidelity to this ftate to be taken by die Unitas Fratrum, or moravians, quakers, menonifts and dunkardsj
and granting them certain indulgences therein mentioned and other purpofes," as relates to the people
called Quakers, fliall be aad is hereby repealed and made void and of no eiFeft.
S64. 1784.
and
Anaajofripeal'ttgana^ofthelaftGenei-al A/fimily., entitiedy « An aft to empower thfejuftices of th«|
cburty courts to appoints county attorney and folicitor to profecute for the ftate in the county courta[^
and for the purpofe of appointing a falary and fees for the attorney and folicitor arid other purpofes,'^
and for olloivingfees to attorni s who may hereafter profecute in the refpetlivt counties in thisjiatet andjM^t
regulating the proceedings on prefentment and indi'tnents. W
I. li E it enaaed by the General Apmbly of ihejicite of North-Carolina^ and itbherehy enaSed by the ,
XJr rify ofthefamey That from and after the paffing of th^s ad the above recite^ aft {hall be a
is hereby repealed and made void.
II. And be it jurther (naBedby the authority aforefaid, That it (hall and may be lawful for arty attornej
wliO may hereafter profecute for the ftate in any of the county courts in any matter civil or criminal, tr
have and receive the fame fees which are by law allowed tQ th[e attorney-peneral of ^hi? ftate for Uke fei
Ili. And be it further enacted by the authority aforefaid, Thzt in all criminal profecutions hereafter to ,
had by indidment or prefentment in the county courts, it (hall be fufficient to all intents and purpofes, tha^
the bill niall contain the charge againft the criminal expreffed in a plain, fimple, intelligible and explicii
manner, and that no bill of indiament or prefentment (liall be quaflied, or judgment arrefted, for or by reaJ
fon of any informalities or refinements, when there appears to the qounty coitrt fufficient in the f^ce "
the indidment to induce them to proceed ^ojudgmen|.
An aa to afctrtain the meafurement of fire-wood fold in thefeverql towns eflcAUIbed wtfhitt thisfiafe by the leg
lature. ,
I. T\ E it enacted by the General Affembly of thefiate of Norlh-Carolina, (ind- it is hereby enacte^by the a«»|.
£> thority ofthejamey That all fire-wood fold in the towns eftablifhed within this ftate by the legiflai j
tlve authority, fliall -be fold by the cord and no otherwife ; and that each cord (hall contain eight feet vi j
How much to length, four feet in height, and four feet in breadth, and (hall be corded by the carter or leller,, under the
measure. penalty of twenty (hillings for each offence, to be recovered againft the owner or feller, before afingle ma-
giftrate by a warrant, which penalty (hall be to th^ uf^ pf the informer.
An aB to prevent the fever alfpecis of hunting therein mentioned.
I. T\E it enacted by the General Affimbly e/the flate of North- Carolina y and it is hereby ettaSfed by the autkh •
Jtj rity of thefamey That if any perfon or perfons (hall be difcovered hunting in the woods witha
gun in the night-time by fire-light, fuch perfon or perfons fo offending (hall upon conviaion by indiarae/it ;
oi prefentment in any court of record in the ftate, be fined by fuch court twenty pounds current money^
to be applied to the ufe of the county wherein j:he offence was committed. The rest of this feBion repeal
4d, Vol. 2y 182. -• r ■ • ' ^ I
U. And whereas m^ny perfons, make a praaice of hunting and killmg deer apd leaving the carcafes nt j
>rg carcases m jj^g woods, Be it enaBedy That if any perfcn (liall be cpnviaed as aforefaid of killing any deer and leav- \
the woods. .^g ^^ carcafes thereof in the woods, he ftiall for every offence forfeit and pay the fum of twenty ftiil- i
lings, j
III. Andbe it jurther enaSed by the authority aferefaidy That if any (lave or fliaves fhall be difcovered hunji k
ting in manner herein before mentioned, the mafter of fuch flnveor flaves, or the perfon in wllofe fervico i
he or they may be, (hall upon due conviaion of fuch flave or flaves before any juftice of the peace of th« p
county wherein futh oftence m^y be committed, forfeit the fum of five pounds, to be levied by a warran|i
^^^ immediately to be ifRied by fuch juftice for that purpofe ; and if aiy perfon (hall be duly conviaed as af>|
n"veto"hum forefaid offending his (]ave to hunt with a gun in the night by fir^.light, he (hall be fubjea to the fam^
b> fite light, pains as are provided by this na to be infiiaed on fire-hunters. I
Time hmiied IV. Andbe further encBed by the authority gfirfftid, That it ihall net he lawful for any perfi&n on the eaft
i.Ue''''"'''^ '^'■^'' '^^ °f *h^ Apalachian mountains, to kill or deftroy any deer running wild in the woods or unfenced ground*
sou's ownlind. '^^ this ftate by gun or otherwife, between the twentieth day of February and the fifteenth day of Auguft
then next fucceeding in each f ear, unlefs on his own lands ; and if any perfon on the eaft fide of the faid
mountains (hall kill or otherwife deftroy any deer within the time before defcribed and contrary to the
meaning and intent of tl:is aa, every fuch perfon (hall forfeit and pay for each and every deer fo unlaw*
Penalty. ^^^'y killed or dellroyed, the fum of forty ftnllings, to be recovered before any juftice of the peace, and
applied as is by this ad direaed ; and in cafe anv fervant or (lave (hall on the eaft fide of the faid rtioun*
CHAP. 31.
yii.te p. 533.
Repealing
liause.
Fres allowed
to attorney for
the state in the
county courts.
Fotms in cri-
minal prosecu-
tior.s in the
county courts
dispensed
with.
CHAP. 32.
Wood to be
sold by the
cord-
CUAE. 33<
Vol. 2, 1&2.
Pen. fi r fire-
hunting.
How to be rC'
covertd.
Pen. for leav-
Pen. on mas-
ters, &c, of
slaves hunting
as above,
Pen jon the.
tains kill or dellray any deer between the twentieth day of Februa/y and the fifteenth dayof^Augufb in 1784. 365
-any year, the owxier of fuch Have Ihall be liable to pay the fu.n of forty thiliings for each deer fo unlaw- (..•^v^O
fully killed or deftroyeJ, to be recovered and applied as before direfted. , -
V. And be it further ena.3ed by the authority afjref\.d. That it fhaU not be lawful for any perfon or perfons Pen for hunt-
on theeaft fide of the Apalachian njouatains, to hunt with a giin or with dogs on the lands of any other '"S on anothar
perfon without leave obtained from the owner of the faid land, under the penalty of forfeiting five pounds wlrhTuUeuve.
for every offence, to be recovered by the owner before any juftice of the peace of the county where fuch
oflisnce is committed or the offender i-efides, and applied one half to his own ufe, the other half to the ufe
of the county .• Provided, That no fuch reoovery (hall be had for the offence afore mentioned unlefs the Excem'
owner of the land (hall, by advertifment polled up in two or more public places, have forbid the perfons
fo hunting by name, or all perfons generally to hunt on his land previous to the of!ence, P ovided alfo, that
recovery (hall not be had in any cafe whatever unlefs the profecution is commenced within one month af- Time to sue,
ter thie offence is committed
Yh And ble it Jvrther enaSled by the authority aforefaidy That fb muph of the laws heretofore made, whjch RepeaPng
relates to-fire-hunting and deftroying deer at unfeafonable times of the year, as comes within the purview '^'*"^®-
of this ai?\, be and is hereby repealed and made void to all intents and purpofes, and conftrued as if the fame
had never been made. . - .. : , r .
Vir. And be it further enaEled by the authority aforefdidi That all fines impofed and recovered by virtue of Fines howap-
this aft, (hall be one half to the ufe of the informer, the other half to the ufe of the poor of the county P''^'**
wherein the offence (hall be committed, except fuch as are ctherwife diredled.
Vltl. And be it further enacted by the authority aforefaid, That this aft (hall not operate or takeeffeft un- Suspending
til the firft day of July next. clause. :
.An aB for the rejiratiit of idle and disorderly per sins , CHAP. 34,
WHEREAS it becomes necelfary for the welfare of community to fupprefs wandering, diforderly
and idle perfons t
II. Be it thereior-e enaSied hy the General AffeniUy ofthejlate of North -Carolina^ arid it is hereby enaSied by Vagrants and
the authority ofthefamey That it (hall not be lawful fot any perfon or perfons ^]\o have no apparent means "^'so'derly per-
of fubfiftence, ornegleft applying themfelves to fome honeft callihg for the fupport ofiJiemfelvesandfa- prrhe'nded T'd
milies, and every petfoh fo offending, who* (hall be found fauntering about rieglefting their bufinefs, and in case of con-
.endeavouring to maintain themfelves. by. gaming or other undue- means, it (hall and may be law:ful for any ^"^'pn security
^jufticeof the peace oYtne county wherein fuch perfon may be found, on due proof made; toiffue hisv/ar- gooTb''h^°*-
j^antfor fuch offendirig p^jflojo, and caufe him to be brought before faid" juftice, who is hereby empowered, *
on conviftion; ttf demand fecujrity for his or their good behaviour, and in cafe of refufal of negleft'to com- in case of re-
mit him or the.Trt to the gaol of the county for any term "not exceeding ten days, at the expiration of which tusai, &c. to Ua
time he (hall be fet at liberty if nothing criminal appears againft him, the faid offender paying iall charges committed for
arifmg from fuch imprifonment } and if fuch perfon fhall be guilty of the like offence from and after the txceecTn "°'
fpace of twenty days, he or they fo offending (hall be deemed a vagrant, and be fubjeft to one month's im- dajs.
prifonment with all cofts accruing thereon» which if he neglefts or refufes to payy he may be continued in How to be pro-
prifon until the ftext court of the county, who may proceed to try the faid ofrehder, artd if foUnd guilty by ceded against
a verdift of a jury of good and lawful men, faid court may proceed to hire the offender for any time not ^°^ *fcpe«ition
exceeding the fpace of fix months to make fatisfaftion for all cofts ; but if fuch perfon or perfons fo of- afterVumiied
fending be of ill fame, fo that he or they cannot be hired for the coft, nor give fufficient fecurity for the time.
fame, and his' or their future g^opd behaviour, in that cafe ^t (hall and may be lawful for faid court to caufe
the offender or offenders to'receive thirty-nine la(he^ on his 6r theit bare back, after which he or they (hall
be fet athberty, and the co(l arifing thereon (hall become a county charge, which punilhment may be in-
flifted as often as the perfoh may be guilty, allowing twenty days between the punifhment and the offence.
III. And be it further enabled by the authority aforfaidy That it (hall no be lawful for any perfon or per- Persons of ill
fons of ill fame or fufpicious charafters to remove him or themlelves from one county to another in this f^™^* ^^- "^"^
date- without firft obtaining a certificate from the (heriffof faid county, or fome iuflice of the oeace or '". "^"*°^®
■ ,. • r i • r • ^ ^ \.- c lit.. i l • • • • . i'-a^-v, "i withottt a cet'
captam of his company, fetting forth his former good behaviour and his intention in removing, whether tificate, &c,
to fettle in faid county, or if travelling to fet forth his bufinefs and deftination ; and if fuch traveller
fliould be defirous to make any ftay in any county iorlger than forty-eight hours, he (hall firft apply to
fome juftice of faid «Ounty fgic leave aod obtain a certificate for that purpofe, fetting forth the time of "eJ^^tru"
YoL. 1. 5 A
366 1784. hU permiffjon •, and i£ fuch.perfon finll be found loitering in faid countv after the expiration of his permit
or fail to obtain the fame agreeable to the true intent and meaning of this a£i:, fuch, perfpn fo offending
Pen. forneg- may be apprehended by any perfon or perfons and carried before feme juftice of the peace, who may
"'^" enquire into his charader and bufinefs, and fine hin> at his difcrotion, nqt exceeding forty (hillings,;
but if the faid traveller (ha- 1 be found on examination to be a perfon of ill fame> and there be reafdn to
fufpe£l that he is loitering in faid county for ferae evil purpofc, attempting to acquire a living by gam-
ing or other bad praftices, fuch juftice (hall have power to commit any perfoli of like character, ^wtjl
he (hall find good and fufHcient fecurity for his good behavieur,, for any time not exceeding ten dayi;
and fuch juflice of the peace or court of the county (hall proceed againf^ fuchoftendef in the fi^me man-
nei. as is heretofore prefcribed for vagrants,
bo"* n°' ^'T ^^' ■^"'^ ^* '^ further enacted by the authority aforefaidy That it (haU not.be lawful for any houfe-keepef
•onsoftbTa- '" this ftate to harbour any traveller or idle perfon bf the chara£ter aforefaid for any longer time than, is
bove descrip. heretofore fpecified, under the penalty of five pounds for- eV^ry luch offence, to b^ ^^vpyered by w«Qp
tiou. fgpj before any juftice of the peace of the county where the offence is cpmmitted.
Or orphan chiU V. And be it further enaSed by the authority a fore/aid, Thzt it (ha 1 not be lawful fof any. houfe-keeper
*"■ to harbour and conceal or hire any orphan child or children without firft obtaining leave of fome juftice
of the peace, under the penalty of five pounds | and fuch juftice on granting permiffion, fhall compel
the perfon requiring the fame to bring the faid orphan ghild ^ the m^i QQWtf court^ yifhioh i« herebjr
required to bind fuch brphan children agreeable to law.
Fines how »p- VI. And be it further enaSied by the mthtrity afortfaid^ Thait all fincs inQi^eii bl ^| 1^ ^al|i hgi «pj^
P''®^' balf to the informer, «t^4 tbe Other haJ^jQ the j^oor of tbe county,, ' ^ ;t",.; , ^/, V :r: Ciit 'j
CHAP. 35. ^n aB for proloagfn^ tht time given by lawjarjkcunng lott m tkf /f P<r<?/ {Q^m within thisjiate.
Prov.dedforby 1785; 33.
CHAP. 36. An ad for eliablilhins a court of Oyer and Terminer and gentraj gaol delivery in.tke (ounty af David&iTt
1785,47.1788,31, "^ -^ * v, / .^ , .-^- .5
CHAP. 68. ;l^p a^ for appointing a jbuMfc frinter^ ett4 direding his duty in ^ei^ ^Xf^
CHAP. 75, An aSifor dividing Duplin county,
WHEREAS by reafon of the large extent of faid county, it is greatly inconvenient for the inhabit
tants to attend the courts and other public duties by liw required :
Sampson ereil- U. Be it therefore enacted by the General .-Iffembly of the date sfNorth-Carotina^ and tt is hereby enacted b^
**•• the authority of the saaUf That from and after the paffmg of this a£t the faid county of Duplin (hall be di-.
vlded into two diftinft counties, by a line beginning on the line tbat-dividfes Duplin from New-Hanover
Boundary. j-Qunty where the main road crolTes Bultail, a branch of Rockfiill creek ; and- running thence a^ fkait Ifn?
to the lower, bridge on Stey/art's creek, from thence a dire£l Ime to Gofhen fwamp ftt the mouth of
Young's fwamp, thence due north to the Wayne line ; and. «H that part of the faid coBnfy of Duplin
which lies weft of the 8lv)ve line, ftiair be eftaWiflied' ipto a feparabs-flfl^ di^i»»<a CWptY b» thewmjeoi
Sanipfon. < - . ,
if^e rfmainder imnecejfdry to be in/erted.']
CHAP. 76. Ad aSffer dividing C^mherland county into tiuadi/linS counties.
2, 1764, 44. TCJtTjlEREAS the county of Cumberland is fo cxtenfiye that it is extremely inconvenient ipf the ip?
HjtV * habitants to attend courts and public meetings :
Moore erefled. II. Be it therefore encBed by the General AJftmbly ofthejjate cf Northriarslina, UPtJ'it ?/ hereby fnadedhy tl^
authority of the same^ That from and after the fourrfvday of July neit, the county of €umberlapd (ball
be divided into two diftinft counties, by the line beginning at Cole's bridge pn Drowning creek, thence
9, dired line to the corner of Wake and Johnfton coujities in Cumberland line, and all that part of Cum-
berland lying to the north-weft of the new line, fjiall be tl feparat? and diftimS county by th? pai^^i^ p|
Moore county.
\The remainder unnecejfar^, to he inferie4-1
1.
/in aSi for alttrin^ the line between the counties ef Lincoln and Burke, and appointing conimifioneri 1784. S67
to fix on a eonvenitt^t place in the /aid county of Lincoln to ertB the public buildings ojthejaid t^-vO
county. CHAP. 78.
I. T) E it enaSedhy the Qett'jral AJimbly ofthefiatt of North-Caralinat, and it is hereby enoHedby the author i~ Vol. 2, 21.
jjl ty of the fame, That the boundary line between the counties of Burke and Lincoln ftiall hereafter ^""* tob«run^
be as^llows, to wit, beginning at the Hprfe-Ford on Catawba river, running thence to John Hawnfon,
Hendry river, thence to William, Orrfon, /iacob's riy.er, and thence to the interfeftion of the counties of
Burke, Lincoln and Rutherford, as they now ftand.
IThe remainder unnecejjary to be injerted.'\
'^p a8 for extending the. dividing line between the counties of Edgcomb and Martin and between tht CHIP. 79.
j' counties of Martin and Pitt.
WHEREAS there is no eftabliftied line betyreeo, the counties, aforefald, and whereas difpute^ may
apife refpe£ting the fame:
- ir. Be it therefore enaSied by the General AJjhnhly of the Hate of North^Carolinoy and it it hereby enaBed by the Line to be rua«
'authority efthefame^ That Ifaac SeflUms, Jofeph Hart, Nathan Mayo,, Jofeph Cooper and Solomon Cher-
ry, Goramiflioners, or a majority of them, be and they are hereby authorifed and empowered, as foon as
may be after the paffing of this a<St, to extend the (lividing line between the counties afbrefaid, beginning
jp the old line that formerly divided Edgcomb and Halifax, at or ne;ar Benjamin Cotton's> running thence
adire<Si courfe to the line that divides Martin and Pitt counties at or near Ciiarles Council's.
HL And be it further enaShd by the authority aforefqid^ That where any vacant lands may have been en- Entres to bQ(
tered in either of thefaid counties (and not furyeyed) oyer the faid line^ the lame ftiall have preference **'"'*'
according to. the date of fuche^try^ as fully as if it had-be^u made in die.jcounty where the land (hall
appear to be.
^ J^he remaindtr unneceffary to bf ipfirtgd.l
An &B for extending the boundary line between the counties of Currituck and Camden^ and for allow- CHAP. 90i
in g jurvy or s further lime to make their returns.
SJXTHfiREAS there is no eftiabliflied bouodaryj line between the faid counties of Currituck and Cam«
^Y den, and whereas difputes may arife refpedling the fame :
' I?. Bfi' therefore enacted by the General Afjembly oj the Hate of North-Car clina^ aud it it hereby enacted by Boundary «S4
the autliority tf thf fame^ That the follawing fliall hereafter be heW and deemed the boundary line between tablished.
the faid counties, thatis tofay^ Beginning at the head of North river where the fame forks into two runs
thence a direft courfe to the middle of Lamb's toll road or bridge, thence a dire£l: courfe to the Virginia
Jil)i€, fo as to divide that part of tbe Great-Difmal Swamp, ^ nearly as may be between thefaid counties.
lU. {Immaterial to be' nj rtd.\
• IV. And be it further enabled by ite authority afire/aid, T^zt where any vacant lantfs may have been en- Entries to be
tered in eithsf oithe faid counties over the faid line, the fame fhall have preference according to the ^*''<1'
rtate-offuch- entry, as fully as though it had been made in the county where the land (hall appear to be.
V, And whereas by. reafon of the great difficulty of making furveys in rfie fwamps and low lands in Further rime
t^ls (late, the farveyors in many counties have not made their returns agreeable to law: Be it further allowed survey*
maeied ^ the- authority ifere/aidi That the cpunty furv^yors. {hall b« allowed a further time of twelve ""»
mot}ths, from and afterthe paffing this adi for making their returns'} any law, ufageor cuilom to the
^traty i;Qtw.«:hfUndii>g.
XHE TITLES OF THE PRIVATE ACTS.
30 An ?.<?l to sm-jower the several county courts therein mention- 39 Anaiflfor clearing and opening thensvig*tioii of Trent river,
etl t«(iuj-^ t»;K,*i>»«a)ltf {()ii the purpose. nif^refling or re. In Jones county.
j.airing the coun house, p»isor» and stocks in each county iO An a& for appointing commissioners in the district of Mor«
where necess^^y.aiQd for delraying the contin2«:n' charges gan for tne purpose of erefling a court-house, prison and
of Chi; connty. stocks in the county of Burke, for the use of said distriiS,
JT' An a^ tor extending the navigation of Roanoke river. and for levying a tax to complete the same, also forlaj-
^ An Ai\ to facilitate the navigation of I^euse r>ver. ing out and establishing i, town in Burke count7.
S68 1784..
41 An aa for the promotion of learning in the distriia of Hills-
borough, zud to amind an a5 for estabhshing an academy
in the neighbuurhood of Hillsborough ., .;
42 An aca to amend an aft passed at Newbern the fi^st day of
iDecember, 0B|e thousand seven hundied and sixty-six, en-
titled, •' an aa for establishing a school-house in the
town of Newbern."
43 Ad aa for est^l.shingatown in Jones county, on the lands
of rhomas'vVeober and others.
44 An a6\to establish a town on the land of John Walker at a
place called Deep-Wa'.er point, joining fort Johnston on
the river Cajie Fear, in Brunswick county.
45 An afl. for estublisUing and laying out a town in Richmond
councy, by ihe name Kockn-.^ham.
46 An iii toamend an aa, entitled. " an afl for estab ishitig a
town on the land Qt William Hcrritage, at a place called
Atkins's banks, in Dobbs countv."
47 An aft fcr escr.blishing a town on Cumberland rive*, at a
place calkd the BlulT, near the French Lick.
48 An 3Li\ for annexing certain lands laid ott" by Tnomas Res-
piss, esquire, .to, the towA of VVasbingtoo, and for em-
powering the commissioners to lay it tax on the inhabi-
tants of said towti. .
49 An ait to amend an aft, entitled, " an aft for the regulation
of the town of Wilmington." ■ ■ ■
50 An afl to regulate the town of Hillsborough,, and to repeal all
laws now in force which come within the purview hereof.
,51 An aA to aniend an aa, entitled, "• An act for purchasing a
lot or lots in the town of Wilmington, for the purpose of '
building a gaol for the distria of Wi mington and other
purposes, and for repairing the court house of the said
d. stria."
52 Anaa for levying a further tax in the distria of Halifax, for
repairing the court-house and gaol of said distria.
53 An aa tot appointing commissioners for selling the granaries
in the counties of Franklin and vVarren, and for repeal-
ing an aa, entitled, " An aa for appointing cominission-
ers for selling the lot number fony-four in Warrento.i,
whereon the public granary now stands, and for other
purposes, and for alunng the times of holding courts in
the county of Caswell,"
54 An aa to authorise and empower Isaac Gregory, esquire, for-
merly sheriff of Pasquotank, n«<w Pasquotank and Cam-
den counties, to coUea the arrears of taxes due him from
the uibabitants of said counties, for theyears one thousand
seven htindrea and sixty-nine, one thousand seven hundred
and seventy, one thousand seven hundred and seven hun-
dred and seventy-one, one thousand seven hundred and
seventy-two, and one thousand seven hundied and seven-
ty-four.
55 ^n aa to authorise Richmond Pearson to cotlea the specific
tax which remains due from the inhabitants of the county
of Rowan fpr the year seventeen hundred and eight) -on«i
and also the commissioners of Franklin county to coUea
' the arrears of taxes of said county, for the years seven-
teen hundred and eighty, seventeen hundred and eighty-
onei and seventeen hundred and eighty-two.
56 Anaa to empower Arthur Brown, etquire, late sheriff of
Bertie county to coUea the arrears of taxes due for the
aaid countv in the ^ea? one thqusand seven hundred and
seventy-four and one thousand seven hundrsd ands*ven-, i
ty-five. '"• i
57,4,n,aft to empower Edward Winslow to receive storage of J
tobacco inspeaed and .leposited in the waremjube i>-/ nim '<
built at Fayettevillc, by permisii Jii of ths: court of (Junu/ j
berland. ' - .
53 An aa few the relief of sundry pet.tioners, inhabitants o^>|
Davidion county, whost lijimes are therein mentionjd- -('I
59 An aa to alter the pace of i oldmg the county court in f'sii^r ]
quotank county, from Winfitid to thfe town of Ni.xor.toa' .«
in the sai-l county, and to erea a newcourt-i)iOUse,pritai^'<,|
pillory and stocks, in the sivid C'junty. ' ,
60 An aa for empower.nslhe court of Biunswlck county toad-'
journ to the place which they ihail think raost convenient!'
for holding the same. >• «
61 An .-ict for laying a tax in the county of Northampton {or
repairing the public buildings thereof, andtp appoint and
empower commissioners for that purpose.
62 Ati aa to empower the executors of John Bowman, deceased, :
to pay into the hands of the treasury such sums of nione/ j
as he received for the puolic as sheriff for Burke county, i
without depreciation.
63 An aa to encourage Enoch Ward, Spyers Singleton, Chris- '
topher Neale, and company, to cut acanalfrom Clubfoot'a
creek to Harlowe's creek. ' ,, _ i
64 Anaa for vestinig in James Williams, his heirs, executorij |
administrators and assigns, the property of the toll bndge, I
known by the name of M'Craney's bndge, on the lower J
Little-River in Cumberland county. '
65 An aa to authorise Theophilus Evans to receive toll at Rock- \
fish bridge, by Itim built in Bladen county.
66 Anaa to enourage Enoch Sawyer to make a road through i
Pasquotank river swamp op,)Osite to hvs plantation. j
67 AnaA to encourage Benjamin Smith to repair and complete i
the bridges and causeways tnrough the great island op- j
posite Wilffiington.
68 An aa for appointing a public printer, and direaing his duty
in ofl&ce.
69 An act to enable Mary Dowd to sue for and recover to heti
own use,, and the use of her children by her husband Con-
' ner Dowd, all debts due and owing to the said Conner,
and all other things in action which the said Conner'
Dowd might lawfully sue for and recover were he a citizen
of this state and entitled to thebenefits of iis laws.
70 An aa for enfranchising Ned Griffin, late the property oC'
William Kitchen.
71 An act to vest in Nathaniel Allen and others, certain lands
therein mentioned.
73 An act to amend an act passed in the year one thousand seven i
hundred and eighty -three, entitled, " an act to vest cer- :
tain lands in fee simple in Richard Henderson and others." i
73 An act to alter the name of Frederick Totevine to Frederick g
Lane; i\
74 An act for altering the namesof Joshua Taylor, Moses Ta,j4
lor, Aaron Taylor,' Mark Taylor and William Taylor, to (j
that of Joshua Sugg, Moses Su^g, Aaron Sugg, Mark;;
Sugg and William Sugg.
77 An act to amend an act, entitled, " an act to amend an act;i
entitled, an act for dividing Tryon county, and othej
purposes." ' ' . j!
Jlead ihre« times and ratified in the General Assembly ihe second day of Jane, Anno Dora. 1784^
Signed by Richard Caswell, s. s,
Thomas Benbury, s. c. L
' i
At a GENERAL.ASSEMBLY, begun and held at Newbem, an the Twen- al^xxvd^h.
ty-secoral Dayof O^ober, in the Year of our I^o^rdOne Thousand Seven Govlllor.^''^'
Hund/e^ ^n^ ^Jgh^y-^P^^^» a.nd in the Niiuh Ye^r of th.e Independence of
the said State : Being the First Session .qftjad^ j^S'*erabl)^.
An, o^iQ ffc.ejt'^in ike nurn^er <rf wh-ti end biack inkaMtaMs, andthci;-4i.sens &J- uv^ry age and condi' chap 1 '
'■ ' " tioain thejtate, TEMPORARY, ' "
^n)a^ for tke'tAfife regiitir coU^^ of, and accourctrngfor the puhiic taxes. chap 2
WHEREAS the mode heretofore directed by law for the coBefting payment, aiid accounting for Vol. 2,6, its.
the public t^cs, hath been found to^ he extremely irregulaT, inconvenient an<J expenfive, and ir86, 'id.
large fums remaiii unaccounted for : fb^ remedy v^hereof, ■
nl Be it ena'Sfed'hy the. General AJpmbly oftbejfate ^f Morth-Garolina.^ and''rt<h hereby enacted iy the authority Taxes how ta
ofihe/ame, That all taxes by this aiTembly impofed, or hereafter to be impofed on the citizens of this be coUefled.
Wate, ih^ll be colleciedj paid and accounted for, in the manner and form following :
III. Pi'sviJed tieverihi/e/s, I'hat the tax for the y?ar one thoufand feven hundred and eighty-five, fliall Provi-^o fnrthe
not be coneSted until thg year ons; thpuf^Pti Xevea h,undred and ejahtyrfix, any tljing contained in this tax cflr8^.
a^ to the contrary notv/ithftanding.
Oh or before the lirft day of Kovenib'e^ifc,"^ l^V-^y y^^j Ap clierfcs of the re.rpe<3ive c^ within this Coileflors to be
ftate, fhaU furniih the cQileftors of thdr counties with a lift of the taxablie property in their refpeftivg furbished with
aillriSiS) as the fame lifts are dired^ed to b? made out "by an a£l paffed at Hdlfborough, on the ninth day ^'^^^ °f taxable
of i^prilj In the eigjluh year of tlie independence of thi,s Aate, entitled, « An aft to amend an a£t, enri. Antep^342
ilejj, A,n A& for' afcertaining what property in this ftate (hall be deemed taxable property, the methpA
of aUcnTiig the fame, and co,Ue£ling public taxes.-" and the colle£Vors fliall appoint the day and place in Andtogtve
each diftri^ of faid county, in the month of April, When and wherehe wiH attend for the purpofe of re- notice of the
celvlng from the inhabitants of fach diftrifil:, the public tax re(}viired jby law from each inhabitant thereof, »'™e and pfaqe
agreeable ^to the lift of taxable property furnifhed hiin as aforefaid ; the faid col'le£tor having caufed eight ance'^ * " •
iiays provious notice of the time, p'ace, and caufe of his attendance, to be given to the inhabitants of the
faid dillri£l:, by advertifing the fame j and if any perf6n or perfons fo notified, 'fttail negle£t, or refufe to
pay, or ca^ife to be paid, on the day appointed, his part of the public taxes a§ aflefled, it fhall and may Proceedings
^e lawful for the faid collector to Ifevy the fame, by diftrefs and fale of the goods and chattels of the per- »vheie ptrsona
fons To neglecting or refuHpg, ^ndfor every di'ftrrfs and lale fo made, it fti^ll and may be lawful for fuch ° "°^ P*J^*
Oolledpr, as fees of ollice, to levy therewith the fism of tv/o i3iillinga and eight pence. Provided always^ Proviso.
That the faid cdireitor fhall give ten days previous notice of the puolicfaleof the diftrefs taken, and the
amount of t|i.e tax therein due,, by advertifeqienL^t^ee-pf the fnoft pubUc places in and near the faid
4i.ftrict, ■ ' " '" ^ ' '" " "• .
JV. And wliereas * confid'erablp portion of the.jJftWUctkxes for eadh year may be paid and difcharged iit
ceriifiG^tes, and old dollar money of thi^ftate ; 9^nd'it firequently happens that many perfons, when pay-
fng thejr public taxes cannot procure cerfijScdtes to difcharge any part thereof, whereby many fums arfe
paid in irtpney which arp accounted for to tl^e tfeafury in certificates, and old paper currency ; to pre-
vent which for the .future, Bt it enaBed hy the ctilbority aforefaid, *Ehat thefever^l collfe£lors ftiall keep r,e- Colleaors duty
gular acgountsof their refpeft'ive receiistSj by infer fing in differeilt columns the money and certificates ***° account-
• ' ■'• - .. -^ . - -. ^. ' • . «a •-: ... . .„ .ng, &c.
Sheriff's duty«
recqiyed from each perfon, and (hsU m?,ke return thereof, and pay the f^me, pr money and certificates
cf the nke4iiiiij, and in the f^me .proportion as fh^llbe received, to the fheriftsof their refpeftive coun-
tiif, upon oatli,, which oath ,every fliejjiff is hereby direfled and empowered to adtninifter ; and every flie- i*roviso for
liiTCiall caufe to be fet up in the eouit-houl'e of Hlstodiifv, "fiaiF cotiies df "(iicH r^urtisi there to remain P"*"''"*"'
Vol. I. ^ 5B """•
O^th.
STOSjl'S*. for two fucceediag terms ; and the flierifTs fliall pay into the hreafury, on oatk to be admiiiiftered by the
'■^"y^-i trealurer, the feveral (pecies of money and certificates, wliich they fliali receive from the different collec-
tors of their refpe£tive counties, and fliall fwear that the monie^ afid certi?:cates fo paid, are the fame,
or of like kind, and in the like proportion, with the motrfes and certificates received fronni the colle£tors
of their refpedive counties.
V.' Provided always, That when any coUeftor or fheriff fliall have taken Up and paid any -v^arratit or
warrants, fuch warrant or warrants fliali be paid and received as fo much money ; any thing herein con-
tained to the contrary notwithftanding. And to prevent miftakes, the oath to be taken by the Colleftors
and fheriffs fhall be in the following form, to wit, ' ...
" T A. B. do fwear that the return by me now made and exhibited, contains a juft and triie account of
X " all the monies, certificates and dollar bills, by me received in payment of public taxes for the year,
«' and that all monies and certificates by me now paid, bear an exaoi proportion to what I have received
*« of each, reckoning the different warrants by me taken up as fo much of the money by me received.
SO HELP ME GOD."
VI. And be it etiaBed by the authority afore/aid. That the colle£lors to be appointed by virtue of
this aft, fhall have and receive as commiff)ons for colledling the public taxes, and paviuig the fame^
three pounds for every hundred pounds, and fo in proportion for a greater or lefs fum, which they fhall
fo receive and pay j and the commiffions of colleftors and fheriffs, fhall be by them refpeftively deduc-
ed out of the different fums by them to be received, whether in money or in certificates, and old dollar
bills in proportion to the receipts of money and certificates and old dollar bills, that is to fay^ The commif.
fions on the amount of the money (hall be retained in money, and the commifiions on certificates and
old dollar bills in certificates.
VII. Jnd he it further enabled by the authority foref aid. That the tfeafurer fhall account with the general
affembly in the fame manner, and upon the fame principles as fheriffs are hereby directed to account, and
fhall take an oath fimilar to that herein before defcribed. The public tax of each and every county in the
flate, fo collected, fhall to the fheriff thereof be accounted for by the coUeftor or collectors, withm the
firft week of the month of J ine, in every year » and the colle£tor or colleftors, fo failing fo account,
Colleflcrwhen fliall forfeit all his or their commifiions for fuch colle£lion, and further pay intereft on the full amount
of his or their colle£lion, for the time he or they may retain the money in his or their hands i and grants
of monies by the general affembly, figned by the fpeakers of both houfes thereof, and warrants iffued by
his excellency the governor of this flate, by the faid fheriff or colledlors difcharged, to them fhall be
held and deemed good and fufficient acquittances in their fettlements of accounts.
VIII. jind be it further enaSied by the authority afore/ idy That if any colle£tor, fheriff, or other perfon
holding public monies, fhall prefume to demand or accept any fee, gift, gratuity or difcount, for pay-
ing or taking up any warrant or draught, chargeable upon the taxes, every fuch offender, upon due
conviftion in any court of record, fha 1 forfeit and pay to the flate a fum equal to the amoimt of the
draught fo taken up, and fhall moreover forfeit his whole commiffions upon his colle£lion, and be ren-
dered thereafter incapable of holding, or exercifing any ofEce of trufl, honour or profit, in this flate ^
and the fheriffs of each county, on the annual fettlements of their accounts of colle£lion of the public
taxes, fhall be allowed thereon a commiflion of three per cent, and the flieriff fliall account for the pur-
lic money by him received at the ofEce of the public treafury between the firfl week of July, and the firfl
week in Augufl in every year.
IX. And be it further tnat'ledy bthe authority afore/aid. That from and after the pafling of this a£!, the bu-
finefs heretofore conducted by treafurers for the feveral diflri£ls^ of this flate, fliall be condu£led by one
ti<«ues incident treafurer, to be appointed by the general affembly, who fhall keep his office at Hillfborough, whofe bufi-
ihereio, nefs and duty it fhall be to keep diflinft accounts with the feveral county flienffs within this flate for the
taxes by them hereby dire£led to be colle£led, and th^ return thereof directed to be made into the faid of-
fice, and with the clerks of fuperior and county courts, for all fums of money paid on account of any tax-
es by them by law dire£led to be colle£led, and of recognizances forfeited, fines decreed, forfeitures and
amerciaments made by judgments of the faid courts, as far as the faid recognizances, fines, forfeitures, and
amercements, are by law directed far the ufe and benefit of the flate, and of all monies by him received on
any account whatfoever ; diflinguifhing particularly the accounts of the feparate taxes and impoGtions
laid by law> and their product, with the payments made by the treafury on the grants of the general aC-
What commis.
sians allowed,
»nd how to be
received.
Treasurer to
acocunt on
oaih with the
General As-
Bemb!/.
to account.
Pen. for tak-
ing any fee in
paying war-
>Wit«, &c.
Sheriffs com-
inissions, and
vheii to ac-
count.
Treasury-office
V-here to be
held, a»dthe
iembly, or the warrants of the gdveHior, foi' the time being, or wheretaxes are or may be laid, for fpeciai 2,1784. S7l
|)urpofes, to thofe by law authorifed to receive the fame. u^^-v^o
X. And be it further enaSied by the authority aforefaidy That over and above the ufual bonds dire£led by Sheriffs to give
law to be given by the (heriff of each county before his entering into oiKce, he (ha)Kenier into a dif- ''°"dtothe'
tinft bond, with two fufRcient fccurities, to be approved of by the county court, in the fum of two *■ "" ^
ihoufand pounds of the current money of the ftate, to the governor, conditioned for the due co'lettion
from the calleAors, payment and fettlement of the public taxes, which to him are hereby dire£ted to be .„, . . .
by the county coUeftors paidj on or within the time by this ac3t dire£ted, which bond after having du- fo warded to
ly recorded the fame, the clerk of each county court is hereby direfted to forward to the treafurer of the treasurer,
the ftate, together with a lift of the taxable property of the county, made conformably to the a£l of aft ^^'
fembly aforefaid*
XI. And be it further enacted by the authority aforesaid. That if the flierifFor fherifFs of any county with- Treasiwef t«
in the ftate, fliallnagle£l or refufe to fettle his or their accounts on or within the time limited by this ^"'s"" "pjudg''
%€i, and m nwnner hereby direded, then it ftialFand may be lawful tor the treafurer of the ftate to an- del'nq^fenTshe
ler up judgment in the name of the governor on the fame, for the amouat of the tax due from fuch nffs.
flieriff or fheriffs and their fecurities, in any court of record within this ftate, which is hereby declared
to be good and valid in law, and execution may iffue thereon, direfted to the fucceeding flieriff or the How execu-
cordr>er of the county wherein the delinquent flieriff refides, as if the flieriff and fecurities had been pro- """ »s'u«d.
feeuted to judgment by the ufual proeefles of the fiiid court ; any lavv, cuftom or ufage to the contrary Commissions
notwithftading ; and the flieriff fo delinquent is hereby declared to have forfeited all commifllon by this of deiinqu-nt
aft allowed on his colleftion of public taxes ,- and the like remedy is hereby given and declared to each sheriffs for-
and every flieriff againft all delinquent colle£lors within their refpe£live counties.
; XII. And be it further enaSled by the authority aforefaid. That if the flieriff of any county within this ftate Power of se-
(hall die fhortly before, or during th^ time appointed for the collecflion of public taxes, fo that the coun- cunties in case
ty court could riot have appointed afucceffor in office before the time fpr colle£ling the taxes, in ^"ch "^^^^i^^^*'"^'^
cafes it may and ftiall be lawful for their fecurities to receive the fame from the colle6tors ; in which bu- the xme. tor
fmefs they are hereby declared to have all the powers, authorities, privileges and emoluments, in and coliedling.
for the receipt and colle£lion of public taxes, which the fheriff deceafed poffeffed and enjoyed.
XIII. And be it further enacted by the authority aforefaid. That the public treafurer fhall on his appoint- Treasurer to
hient call for and demand from the comptroller of this ftate, a lift of all petfons within this ftate defcrib- demand a list
ed in an aft of affembly paffed at Hillfljorough, in the fixth year of the independence of this ftate, en- ^roHer of Those
titled, « An aft toeftablifli a department for adjufting and liquidating the public accounts of this ftate, who have not
and for appointing a comptroller, and other purpofes," who have not agreeable thereto fettled their pub- settled their ac
lie accounts ; againft all and every of faid perfons, the faid treafurer is hereby required to commence an "jebtedToYh
aftion of debt, as the faid comptroller is direfted under the eighth feftion of the faid laft mentioned aft •, pubhc, and to
and the faid treafurer is further hereby required to call for and demand from the faid comptroller the ac- commence
counts of all perfons indebted to the public, either before or fmce the revolution, for quitrents received, ^'"
public monies, or public property of any denomination whatfoever, for which the faid treafurer is > l"* »
hereby direfted and authorifed to commence aftion of debt, or otberwife, in the name of the governor,
for the balances, remaining due to the former province or prefent ftate of North-Carolina } to which ac-
tion or aftions fo brought, no plea of limitation (hall be admitted, any law to the contrary notwithftand-
XIV. And be it further etiaSled by the authority aforefaid. That to enable the faid treafurer to procure Treasurer's
teftimony, commence and profecute fuits for recovery of fuch balances due previous to the fourth of commissions oh
July, one thoufand feven hundred and feventy-fix, it fhall and may be lawful for the faid treafurer to re-
ceive on every recovery fo made, the commiffion of twelve per cent.
XV. And be it further enaSied by the authority aforefaid. That in cafe of the death or difability of the trea- In case of death
furer during the recefs of the general affembly, then it fhall and may be lawful for the governor, and he is °^ "^^^^''''f ^^
hereby empowered and required, with advife of his council, to appoint fome other fitting perfon to the of- ^^j\^^ the re-
fice of public treafurer, which perfon fo appointed fhall have all the powers, authorities and emoluments cess of the as-
hereby granted,-fubjeft to the fame rules, regulations and penalties herein direfted, which olBce he fliall semb y, the
hold until the end of the fucceeding feffion of the general aflembly, and no longer. ths^idvice^f
XVI. And be it further enaifed by the authority aforefaid., That the faid treafurer before he enters into office, hit ci-unc.Uo
ihall give band with fulEcient fegurities, whofe property ihali be valued at leaft to the amount of the bond appoiuc.
$l^^jiu.
B^Tiilto be giv-
en 'o\- tlit: Trea-
Vol. 2, 1-3,
Pen on the
n»gl(4l of duty,
What grant or
wan ant may
be taken up.
Tri adorer to be
eleiSed anftual-
1785, 8.
His eilary.
Hi9t>ath>
Taxes cfl?84
b6w paid.
Treasury office
TiTien to com-
ftience.
Repealing
clause.
CHAP. 3.
Vol. 2, 119,
172,
TaxMtaid.
H*»peaHlig
clause.
rftt^wKd, *!» tt-e^tfuref*^ pf<Jp*T«ir itKfHraetT, m tTie fam of onfr hundfrod ' thoafswid pjjwmds, to be ap!?«Mt«d
of by the governor and council, to the governor, for the ufe of the ftato j which tx^t^d Alii b* comiitbnwi
for the fti^ftfe-r ancf d-'.ltg^fttdifc'hsTge of his triift, and aceoi;en<'it>g for tiio pwWic fnonies of ikislfewa, and
caliing to accotint by Taw perfoi-ii charged witli public nrorties Wte iliaM prove deliiwuerttSj ,Tmi -mnkufigre- ;
guiar retit™s ftom hh office of the pMceediiVgo' ti'iereitj', 3T?d of the cafhou hand, ^tld the fiwns; remainiui^ i
dtie, to every leRio^i of the general affjrnfely <)f this ftat-e in perfon, and as crf{?n as therctSKto required tJd;
t5ie gdvernar for the time bein^ ; an which bond jfl<.lgn«rtt may be Entered up by his facceffor in otEce, tn|
the la-me rwamteras hy this aft is directed on the bonds of delvntjuer.t (hccifftagMnft him the faid ti?e«furi(;(
er and his fecuriries, \\>herie the Paid treafm'er hath not fully complied with the dtities of hie office,as hf this*
z'St is- dire-i^ed. |
XV 11. yinj be it furiher enaBtd hy the authority afore/vid. That ii it (hall appear that the public treafurssjii
hath faMed at any time to pay the puWie monies in his hand's on grants of the general aifentiHy, on the go- f*
veriior's warrants, or monies brought into tfhe treafury on fpecial ta-xes, to tlwxfe atahorifed by law to apply f.
fcn-'and receive the fame, or hath negleffed in any inftance to call to account as by this a6t xsdiire£l:ed, anyf
delinquents therein defcribed, by which the public revenue of the flate may fuffer lofs, then and in fuch !
cafe the faid treafarer fhall be held and deetrred accountablie for fums due by fuch delinqueiits, to »lfl in* j
terrts and purpofes as if the fame had aftually been paid into his office,
XVin. And be it further enaSted by the authority aforefnid. That the county fheri^, orthe public treafurer
{hall not difcharge any grant of aflembly, or warrant of the gen-^eTnor, hereafter to b? ifTued, unlefs in th«
faid grant and warrant it fhall particularly exprefs the caufe and fer vice for which the fame iflued.
XIX. And be itjvtber enaOed by the aufhorily aforefi^dy That theele<ftion of the faid public tteafurer fhatt
be annual, and that in confideratioh of his office he fhall be entitled to and receive the falary of five huni.
dred pounds per anntim, in full confideration of all fervices incident to his office ; ai»d the faid treafurer is |
hereby required to take the following oatrh, viz. . . ^
*' T SW'EAR. that according to the beft of my abilities and jndgi*ient,T v.'iH execute impartlaMy the office <jf |
Jj_ " public treafurer rii aH things, according to the true interft aiid meaning of the a*£i for the more re- f
gular colie£ling payment of, and accounting for the pubJie taxes ; ahd that I will not diro^ly or indi-^J
*< redtly be concerned in carrying on trade Or merchandize of any kind what fofrver, or apply the public ino«ii
« ney to any other ufe than by law dije£ted. SO HEL? ME GOD,*' r
XX. And be it further ena^edby the at{rhorityttforejbid. That the taxes feid for the year one thoufand {b*\
ven hundred arid eighty-four, fhall be paid by the fereral fherifi^ iilto the Ivandis of the tpeafutep by this aft
appointed, any law to the contrary not with [landing. And the offices of diftricS Weafur^rs^ from and aftc# [
tnepafTing of this a£l, are "hereby declared to ceafe ; and tiie treafurer hereby appointed is ro entfer ihf<»|
the execution of his office on the firft day of January, one thoufand fevea handfetl ande>igKty-five, at' H-ilU?.
borough as aforefaid, when and where he fhatl give attendatiee by himfelf or clerk.
XaT. And be it further ena^ed by the authority afort/aidy Thsii all aiHs i«id Clffufels of ■a<Stsireretofore ma^ j.
which fome within purview of this a£t, be re^ealecl and made void,
AnaSf/qr rai/tng ct public revsnuf for thf Juppoyi of government ^ atidtii ffpatH n^» ifn\^litl'*' ifttt aft"W 'fiipw
prefs exceitive gaming i" ' ■ ' • > '
"HEREAS a fettled revenue is neceffary for the maiiltehance of the goverflOTSJadges of the fuperidj^
courts, and other officers and perfons : ' ' ' " ,
IL' Be it there/ore enaBi d by the Gitieral Apmbly of the Hate cf^artk-Cardlino, and rt is herihy tnaBed by ihl
authority ofthe/ame. That fyom and after th« firft day of January hext, tlie fo'lowing duties, impofitions and
taxes, be collecled and accounted for in manner hereafter pointed out and dir?£ted ...... for a general
licence to an attorney, ten pounds ; for a licence to pratTiice in the county couTts, five pounds ;
The reQ of this seBion laying other taxej repealed by fnhseqiunt ads, or the cdt0itution oj thi XJ. 5; See I7S6,
l-i, 1790, 16, Vol %, 6, 172, ■ '
III. IV. V. VI. VII. Vrn. IX. X. Relating to tie colleBiend*>d disposal p/^^e repealed ta^tetj obsolete,
X. and XIL Repealed^ vol. 2. 119. ' ^
XIII. /:r.d be it further enafled., That an a£l: of the general aflenably pafTed in April, one ifhotlfand ftvcn 9
hundred and eiglit^y, ejiutled •' Af ai$i to fuppTfrfs exctffive £smmg,'' be afid the ftme iS hereby t^alfi'd
and made void* < •( , . '., ' •• : •" .
' CHAP. 4-. ^n act ftr I lying a foit'jvr the supper t. ofgovernm'ftt, and for th^ red«mpt'.6n of eor,tinentoi money, 2, 1 784. 3T3
old pdpev currency^ sptcie and (ftheviertificate-s. t-^^-yomJ
Temporary,
An a& to amtfid an aS of Affetnbiy paffid at Niil/horough . in Jttne^ one tkoufand feven hundred and eighty four, th ap, 5.
entitled " An aft for levying certain duties on all foFeign merehandize imported into this ftate in aid of Thatpartofthe
the puhlic finances, and ditecfling the method of collefting the fame ; andalfi to amend one otfser aSl paj. ^^ concerning
fed in tfie fame year, entitled," An aft to prevent the exportation of ua merchantable commodities "and sede^byThe
afif to amend one other aS of Affemhly paffed in May, »ne thoufand feven hundred and eighty three, entitled adoption ot the
An aft for facilitating the navigation, and regulating the pilotage of the feveral ports of this ftate. constitution of
V. A ND whereas in the aft to prevent the exportation of unmerchantable commodities, it is direfted ^^^ ^' ^'*^^**
r%^ that all barrels of pitch and turpentine {ball be covered two thirds with hoops, is found unne- ^'''^ babels
ceflary ; Be it thenfo'^t enacted by the authority aforesaid, That from and after the pafling of this aft, it fhall ^^and^brandf '
be lawful ior the infpeftors to infpeft and brand all barrels of pitch and turpentine which fhall be well fe- ed.
cured with twelve good hoops on each barrel, in cafe the fame fhall in other refpefts be agreeable to law ; Ante p. 355.
nor fhall any barrel of pitch or turpentine be refufed or condemned for want of weight, if the barrel fhall
be good, oi fjiU fize, and well filled with good pitch or turpentine, any law to the contrary notwithftand-
yig.
VI'. And be. it further enacted. That no infpeftor fhall hereafter refufe to pafs and brand any barrel con- Tobctnatle of
tatningany infpeftable commodity on account of width or thicknefs of the ftaves ; provided no ftave ex- proper staves,
ceed five inches in width and is at leafl three quarters of an inch thick at the chime or crofe, and of pro-
portipnable thicknefs in the bHge. ^ -
Vlf. And be it further enoSied by the authority aforefaid^'Vhzt all fifh hereafter to be exported from this What fish
flate fhall be packed in good and fuificient barrels, and fhall be infpefted by the infpeftor of the county ^^^" ''^ ">«""•
where the fame may be faved at the time of (hipping the fame ; and where the barrels fhall appear to be '^'^^"**'''**
good and full of good found fifh, by the belt information the infpeftor can make by examining or broach- ir; o 87
ing or otherwife, the fame fhall be deemed merchantable, on the infpeftor's marking, branding, &6. other-
wtfe it fhalf not be lawful to export any fifh from thi« ftate ; any law, ufage or cuftom to the contrary not-
withftanding.
VIII. And w^ereqp the fees al!owed in the faid a£k to infpe£lors, are in fbme inftances inadequate to Fees allowed
their fervices { It is herety emBiedby th^ authority aforefaid. That from and after the paffmg of this aft, the ^^^ inspeiUoa.
refpeftive infpeftor? fhali' and may lawfully take and receive the following fees and no more : for infpe<9:-
tnn; each barrel of flax- feed, containing feven and a half bufhels, oneihilling ; for cleaning the fahae if
''requiVed, three fhillings. Ike refl repealed. Vol. ^, \i, \4:. ' -*
IX. Atidbe it further enaaed, That all barrels in which pork orbeef fbalt be packed for exportation, fhall What barrels
be depmed merchantable, and may be pafled and branded by any infpeftor ; provided they be made of "^^^ bepassa-
turkey, water or white-oak, and arem all other refpefts agreeable to law ; and that it fhall be lawful for ^'*^^«"''"f ^"^
the iofpeftors to infpeft all' hog's Ir.rd which fhall be exported in cafks, refpefting the quality thereof ; for "
which the infpeftor fliall be entitled to fe^s fimilar to thofe aHowed in pork, refpeft. bein^' had to
the Gze of the cafk j and the article of Rog's fat or lard fhall not hereafter be exported unlefs in cyprefs or
juniper' cafk«, and infpefted ; under the pains and peoalties inflifted by law for exporting uninfcefted
pork, beef or any other commodities liablie by law to be infpefted. k & « -'»
X. and ^. Relating tg a vrffeltax and tat< for ccnti'ntntal purposes, obfojetg.
• An a£f direaing the fale of cot0cateii property. CHAP 6
'HiEREAS it appears to t© this general afTembly that confiderable quantities of Tands, tenements AntepWand
and hereditaments and moveable property which have been confifcated under fome one or other a^'s there ro-
of the laws of this ft^te compnonly caiied confifcatipn [aws, yet remain unfold ; and it being juft and necef- ^"'^"^ '**•
fory th^t the fame fliouW be fold- for the ufe and' benefft of the ftate :
it. Be it therefore enacU^by the General Afjlmbly of thef)ate of North- Carolina, and it is enaBed by the at^- What confis-
tHortty thereof. That al! the lands, tenements, hereditaments and moveable property within this ftate, cated property
iJcretofbr^ confifcated ami not yet fold, (except fuch lands which have not been granted by the crown of "''' y«' ^°''''
tJr,e3^-^Titain,.or the Eords proprietors of Carolina, or anv of them, in fee, before the fourth day of July, co^iL^LTo'l^
one thou f^nd'leven hundred and feventy-fix, and fych other lands, tenements, hereditaments and moveable asdireaedb/
prjpperty, which hath or have heretofore been reftored to the former owners by the general afTembly, or o- *'s »«•
th^rwife^i^ofed'of by lawful authority) (hall be fdd'.by commiffioners in manner herein after direaed.
Vol. I • 5C
w
SY^'SjlTSt. Ill, ^nd be it further ena^ed by the authority forefaidi That the commlflionerd for the-f^veral diftriffcs m
^^-v^J fliall be as follows, to wit, For the rliftricfi of Morgan, John Walker -, for thetiiftTiift of Salifbury,
aj'-j'^mw?"*" ^^'^'■^'^^ "^^"^^ ' ^°^ ''^^ diftria of Hillfborough, Archibald Lytle ; for the diftrift of Halifax, Nicholas
appoin e , Long ; for tlie dlftrifl: of Edenton, Hardy Murfree ; for the diftridt of Newbeni, James Armftrong;
and for the diftriel: of Wilmington, Griffith John M«Ree.
whoaretocill IV'. And bi it further ena'^id by the authority aforef idy'^Vh.^t the feveral commiffioners by this aft ap-
or to survey pointed, fhaij have power within their refpe£tive diftrifts, and they are hereby required to call on the
.confiscated furveyor of eacli and every, county refpe£liveiy, to make aftualfurvevs of all the corlfifcated lands by
''"'^^- . this a£t direfted to be fokl, lying within the county whereof he is furveyor. Provided, That no furvey
contai'i mx-e ^^^' contain a greater quantity of laid than fix hundred and forty acres. And the furVeyoTs refpe£live-
than C40 acres. ^7 ^^^ return t WO fair plats of each aiid every furvey to the Gommiflioners within three months after re-
SurveNor'sdu- ceiving the commilFioner's orders for that purpofe, in which return ihali be exprefled the quantity and
plats '^"''"'"^ fituation of the land, to^^ether wirh the name of the late owner or owners, and in. cafe of tov/n-lots, the
„,..__ number of the lot and how improved, ftiall alfo-be expreffed. , ■ <•■., v
turn then lisis' ^' ■^'^^ ^^ ^^ fi^'thir etiaded by the authority afore/aid. That the (heriffs of the feveral couiitLes refpe£tive-
of personal ly> fhall return to the commififioners a lift of all negroes and other moveable property coming within the
property in meaning of this a6t which may be in the county whereof he is fheriff ; in which return ftiall, be expref-
iveMumies ^^^ ^^^^ quality of each article, the name of the perfon in whofe pofTeffion it may be, and the name 6i
&c. ' the late owner or owners, within fix months after the pafling of this a£t ; and the Iheriffs refpe£iively
Persons suppo {hail have power and they are hereby required to cite any perfon or perfons whatfoever fufpedled of having
confiscated^ °^ concealing confifcated ncj'roes or other moveable property in his, her or their hands, to the county
personal pro- court, then and there to anfwer luch queftions on oath as the court fhall afk relative thereto ; and if it
pertyin posses fliall appear to the faid court that any confifcated property as aforefaid, is in the hands of any perfon or
ri^r^ ^^^ ^ perfons fo examined, the fhenfF ftiall notify the fame to the commiinoners in their return, and the com-
citea to uppeai" */t~ i t
and answer on "i""0"ers are hereby empowered and required to afk for and receive fuch property for the purpofes here-
cath. in bef rre exprefled ; and in cafe of refufal the commiffioners are hereby empowered and required to
Coinmissioners profecute a fuit or fuits in the name of the ftate for the recovery of the full value of fuch article or ar«
&c, "'""^*' tides which is or may have been in his or their hands unaccounted for.
Property h ^^\ ^nd be it further enaEled by thf authority aforefaidy That the lands, tenements, hereditaments and
andwhere to*' o^oveable property, by this a£t intended to be fold for the ufe and benefit of the ftate, ftiall be fold by
be sold. the commiflioners at public vendue to the higheft bidder, at the court-houfe of the county wherin
fuch lands, tenements, hereditaments and moveable property Qiall be, for the current money of this
ftate, or the certificates granted to the officers and foldiers of the continental line of this ftate, firft gi-
ving public notice of the time of fale, as foon as may be after receiving the returns herein before direct-
ed to be made by the ftierifFa and furveyors, by advertifing the fame at the court-houfes of the diftri£ls
wherein luch property ftiall be, atid by publication thereof in the North-Carolina (if there ftiould be a
paper publiftied in the ftate) Virginia and South-Carolina Gazettes, at leaft three months before the
day of fale ; which advertifement ftiall clearly exprefs the conditions of fale, the particular tradls of
land with their fituations, town-lots with the quantity of ground each lot contains, the number of the
lot and how improved, and alfo each article of moveable property to be fold in each county refpeftive-
ly, together with the name of the perfon or perfons to whom each traiSI: of land, town-lot, or article of
moveable property did lately, belong } which fales ftiall be made on credit for twelve months, the pur-
chafers giving bond with fuffiicient fecurity, payable to the goveriyjr for the time being, or his fucceflbr
for the ufe of the ftate, in double the amount of the purchafe money, conditioned for the payment c>f
the principal in current money or certificates as aforefaid, with lawful intereft at the end of the term
aforefaid.
uTsllperintend^ ^^^' -^^^ ^^^ it further enaBed by the authority aforefaid^ That the commiflioners fliall fuperintend the
the sales, &c. ^^^^^ in their own perfons, and may continue from day to day fo long as may be neceflary, and when the
fales are compleated the coanmiffioners refpeftively ftiall make a fair ftatement of their proceedings, where- '
Duty in conse- in ftiall be fet forth each purchafex's name, the amount of his bond, and alfo the amount in cafti or cer» ■
quence thereof, tificates if any has been received, and fliall make return therof on oath to the comptroller's office, and
the comptroller is hereby required to ftate the fame in his books, whereby fuch commiflioners fhall be-
come debtor to the public to the amount, but the bonds fhall remain in the hands of the commiflioners
refpeftively ; and when the ^pie becomes due they fliall have power and they are hereby required to fue
itn «hd'ret6vei thier farrte in any court df record within this ftate having cognizance thereof ; and fhall 2,1784.375
■jjay tJie money into the treafury, and the treafurer's receipt ftiall be a voucher for fettling their accounts <«««-v"0
•with the public; ' ' ;
.' ^ VIII. And be it farther endBed by the authmty aforefaid, 'That the commliTioners refpeftivel y fhall tranf- Commissioners
■init to the fecretary's. office two fair plats of each and every furvey of land and town-lot which Ihall be " '"e*"'^" p'^'s
•fold by virtue of this a£t, \vithin fix months after fuch fales are made : wherein fliall be exprelTed the eretary's okce,
<juantity and defcription bf tlie landj county where fituated, to whom fold, and the price; together
-with the name of the late owner ; and in cafe ot town-lots the number of the lot as by the plan of the
«own where fuch lots may liei '{hall alfo be exprefled ; and thereupon the governor and commander in
chief {hall cadfe grants under the great feal of the ftate to b6 mide out to the refpeclive purchafers ; one „
of the aforefaid plats {hall be annexed to the grant, and the other filed by the fecretary ,- which grants ,„ cjnse-
■'/hall b6 enroled in the fecretary's olfice. in the fame manner as other as other grants ; but no grant {hall quence.
ilTue from the fecretary's office until the purchafcr (hall have paid the principal and intereft of the pur-
chafe money ; and where it (hall fo happen that a fuic or fuits (hall be profecuted again ft any of the pur- ^""^ ""' '•'! ^•'^
chafers agreeable to the direftions of this jadl, the lands, tenements, hereditaments and other property nerand^mer-
Jjurchafed as aforefaidi fliall f'o^ be liable to execution oil the judgment of the plaintiff; any thing in est is paid,
this a£l to the contrary notwithftanding.
IX. And be it further tnaSied by the autharityajorefaidi That the commifTioners refpeiflively fhall give bills "^^ give bills of
of fale for aU negroes ind other moveable prqpertyj fubje£i neverthelefs- to the payment of the purchafe r'^dt'
money, in the Came manner as lands are by this z€k. madg liable.
X. And be it fw)h:r mdSed by the authority afo ^i^, That in cafe of the death, removaloutof the ftate, or Vacancies of
•refignationof all oi: any bf the eommiffioners named in this aft, his excellency the governor, with the ad- commissioner
vice of the council of ftatej be and he is hereby authorifed and empowered to appoint other eommiffioners pij^." ^"^
to fill fuch vacancy or vacancies.
I^XI. And he it further enaBed ty the authority aforefaid^ That the eommiffioners refpeflively before enter- Commissioners
ing upon the execution of their office (hall enter into bonds with fufficient fecurity, to the governor and *° zy^ bond.
conimander in chief for the time being, in the fura of fifty thoufand pounds : conditioned for the faithful
difcharge of the duties by this aft repofed in them ; and fhall alfo take an oath before the court of the coun-
ty where fuch eommiffioners (hall refide, that they will truly and faithfully execute their faid office agreea-
ble to the direftions of this aft.
- XII. Repealed, 1787, 7.
XIII. And be it further enaBed by the authority aforefaidy That the county furveyors refpeftively, fhall Surveyor's
be allowed the fura of forty (hillings for each and every furvey by them made, paying the chain-bearers ^^^^>
and returning the plats by this aft required ; to be paid on a warrant from the governor or commander and how to be
in chief foi the time being by the treafurer, and fuch warrant (hall be allowed the treafurer in his ac- ?*'<!•
counts with the public : and in cafe any furveyor (hall meet with any oppofition by force, he ffiall apply Sheriff, if ne-
to the fherifFof the county where fuch force (hall be ufed, who on having the fame afcertained on oath, assi^t^^' T^h
fliall fummon fo many of tlie inhabitants of his county as may be fufficient to repeal fuch force and fup- posse comitatus
port the furveyor in the execution of his office.
XIV. And be it further enaSied by the authority aforefaid. That the (herifFs re^eftively, (hall return an ef- Sheriffs how to
timate of their fervices done in obedience to this aft to the county courts, who are hereby authorifed and ''^ P*"*-
required to make adequate allowances for fuch fervices ; and the clerk (hall certify the fame under his
hand and affix the county feal thereto ; which allowance certified as above direfted fhall be allowed fuch
iherifF in fettlement of his accounts with the public.
An aB to regulate and af certain the fever al officer t fees therein mentioned, and for altering the times of holding -„ -_ ^^
the fuperior courts of law and equity J or the diJiriBs of Halifax, Edenton, Newbern and Wilmington. y^^. 2* ic6
I« 13 E '' enacted by the General Ajfembly of the ftate of North-Carolina, and it is hereby enacted by the au- 108* 143, 176.
J3 fhority ofthejame. That for the future the feveVal officers herehi mentioned, ffiall take and receive ^''86. 14.
the following and no other or greater fees whatfoever, viz. The clerks of the fuperior courts of law and ^^^^' ^^'
equity for every leading procefs returned to the firft court, and all fubfequent procefs, appearances, pleas, Klerk's feesia
rules, orders, and other fervices neceffary thereon, until the making up an ifTue inclufive, .and alfo for coVcsf*"**
difmilTion or final judgment where either happens, or for confeffion of judgment, to the clerk of ):he court '
ten (hillings : for every contiowance or reference of every caufe after Uie fecond court, including all fees
CaJ %. If " not," should not be here.
3762,1784. f*>r every TjtzsW^ry fervice, four nvli1if»of9 ; for t-h« e&wrt a* wVich t'Jw oa^M® 5fi fteSermiiiedy me ]iidmg
\,0ify**^ fees for every Beceffary fervlce thereon,' and enteipmg fijw! pKlgme^* iiiclwilvB, eig-litaeiirrtUliiftgs ; for et-
very fubpoena, provided the party infert no more than four witneilbs in the fame, two fhllhngs j for ^
very execution or order of fale whe;i neeeflCi-Kily i<fee.daRdi leeturfMd, incl^'liri^ all fer vice* chereoa» with
taxing cods and copy an;J entering fjittsfacStion, five feilBiigs for every S«ire Facias againit ball with in»^
king an ifTue thereon or entering judgme:rt without plea, including fees for every (erv^ice aeceflkry there*
on, provided that the party eaft ihall not be fubje^ to this uaJefs thf? Scire Faaias is requifite and rcqui>
• red by the plaintiff, eight (hillings ; for giving a copy of the record of any. caufe wheo cLemanded. by ein
ther of the parties, fix Ihilluigs ; for every recognizance, two {hillings ; for every order or rule of courts
made on matters foreign to the fuit depending in court and copy thereof when demanded, two (hilling*
and eight pence ; for fearching a record out of court, one (hilling ; for a commiffion to take the examine
ation of a Feme Covert or witneiTes in any caufe depending, the return thereon, entering and alli other
fervices neceflary thereon, three (Hillings ; for a fpecial Venire facias in an aftion of eje£kment, oc where
the bounds of lands (hall come in queftion, when the faid writ (haU be iiTued, eight (hillings v for a Cpfiy
cial verdi<n:, demurrer, or motion in arreft of judgment, and argument thereon^ four (feiUings ; for a
writ of error, Certiorari or appeal, with a ttanfcript of the record and all fervices nece(rary thereon, e^ht
(hillings ; for making out certificates of witnefles or jurymen's attendance, eight pence. The clerks of
Fees allowed county courts of plea? and quarter-fpflions for every leading proce(^ returned to the firft court, including
ur'court*^ '^°""' ^'^ fervices together with difmifTion or final j udgment where either happens, ten (billings ; for every pra.
fentment or indidlment, (jx (hillings ; for entering and filing every recognizance, two fiiiUings •, for a«>
very continuance or reference of any caufe after the fecontj court, including all |iees for fveqr fervice ne-
cell^ry thereon, three (hillings ; for the court at which the caufe is determined, including all fervices, de-.
ven (hillings and dx pence ; for every Subpoena, provided the party infert no more than four witnelTee in
the fame, one fliillir.g and fix pence ; for every execution or order of fale when neceflarily iflUed* inclui*
ding all fervices thereon, with taxing cofts and copy and entering fatisfa£Hon, three (l\illing5, and nin«
pence; for every Soiie Facias againft bail, with making up an iflfoe thereon or entering judgment witb^
out pleaj including all fees for every neceflary fervice thereon, provided that the party paying cofts (hail
not he ftibje£t to this unlefs the Scire Facias is neceflary and required by the plaintiflF, fix (hilluigs •, ff>r
giving a copy of the record of any cauffe^when dentanded by either of the parties, four (hillings and Rt
pence j for every order or rule of court made on matters foreign to the fuit de-pending. in CQurtj and CQi>
py thereof if demanded, tvvo (hillings ; for entering on the minutes the probate of wills, qualifying exe-
cutors, making certificates, recording the will and giving copy thereof, eight (hillings •, for granting ad-
miniftration, taking bond and all other fervices thereon, eight (hiUipgs } for proving and recording it
length in bound books to be kept for that purpofe, and' filing an inventory, account of f ales qi* account ciuv
rent exhibited by an executor, adminiftrator or guardian, or fbrfearch, copy ^nd certificates of the (ant^
if the eftate be under one hundred pounds, two (hillings, if above four (hillings ; for every mairiage Ij^
cence and bond, eight (hillings ; forordinary licence and bond and' all ffervices neceffkty to be done thffi«)>
Vol. 2. 122. '"* ^'^^^ (hillings : for tavern rates, two (hjlHngs ; for (i^arehing a record; out of cquvt, one (hilling i fiur
proving or entering acknow:ledgement of a conveyance of land' or o*her eftate, andi certifying the faoa^
with order of regiftration and examination of a Feme Covert without commifTton, two ftiUiihgs : &r a,
cpmrniOTron to take the examination of a F^nie Govertj or witneflfes in a cafe depending in faid cou^ eiir
tering the return thereon, and other nepeffary fervices, two (hillings and four pence j for a guardian (»
other bond taken in court including all fervices, fix (hillings : for indentures for binding, out apptentiflflii
including all fees for every fervice nece(rary thereon, fix (billings : for a fpeoial ver<li£b or dBOiurreri.or
motion in arreft of judgment, three fliilljngs : for a writ of error or appeal, with a tranfcript of the record
Vd alt fervices thereon, eight flulling* : for nuking out certificates cf witne(rea attendance,, eight penc«. :
for recor;d«ng a mar-k orbrand, and granting- a. certificate, thereof iff raquited, one, (hilling: a.od all other
fervices done by the clerks of the county courts are hereby deemed e.x Officio, amongft which all notice
or writs of Scire Facias againft juryman (halli be confidered, and the refpedHve coarte may allow r«afOna-
ble fatisfaftion for thfl fjime- annually^ out of the county tax, tiot exceeding the (km of tw?enty pounds,
up^th^^r'S ^^' -^"^'^/^t' /»r^htr em^edk^jht authority afp»\e/ttiil, Tlhat the derk^ of the fevMial (wpwor and count):
fire, &c a wurts of thisrftate, (hall land they ar© hereby required to put up in (bme public place in their office ^
copy of their C>«a<^ copy-of the ftjea by this.aft allowed, and alfo.in the qourt.houfe during the futing of each COWt*
*e^. tnd f6r ewery fuch: fail u^ or n oglefit, they (hall ibrfait aiiA pay the funt of fiiue. pounds., to. fee MWWeRftd
by warrant to the ufeof any perfoa who will fue for the fame.
III. ArJ he itfiirt;her inaSied ^fihe authorif^ ofWefaid, That after the puffing this a£!:, the fheriffs in the 2, 1784. 377
feveral counties iu tliis ftate flia 1 anii may receive for theijr ferviges, the foiiowing and no other or larger u*-v-0
fees, to y/it, for ferving 3 copy of a declaration, onelhilling; ..... for pillorying a perton, Shenff's fees.
five iniirmgs ; for executing a warrant of diftrefs or an execution againil the body or goods,
two and a half per cent, for fununoaing, empanneling and attending on every jury on every caufe in court, ^^' \c^j
one {hilling -, when a ipecial Venire Ihiil iffue by order of court, for fummonlng each juror and attending
the fame, two {hillings ;,.."., for ferying aijd attending Qu any perfon on a Habeas Corpus, per day,
^fifteen {hillings. , , . . , f.
IV. Ami be it further fnaSied by the authority nforefaid^ That the regifter in each county in this ftate, fhall Rcg'stei'- f^r.-
.and may take for regiftering each,.deed or graiit including certificate thereof, four {hillings ; for every fearch, ^"{^ 2> '06,
eight pej!ce ,- for a copy of a grant pj deed, fpur ihi.lhngs j and for rejglflering every other mltrument of
writing, four fr.iliings.
V. Auill'e it also enacted by the authority aforefaidtlihzt the fherifF, conftable or other officer may take and ConstiWs's
receive the following fees. • , , . . . For attendance oi a con{labl.e evejry court when fummon^d by the p^J^% gj
liierifF, eight {hillings per day; for whipping anejgro by ord.er of the court or any juftjce, two {hidings
and eight pence. '
Vi. And be it further enaSied by tJa authority afsrefaid, That the rangers in each and every county in this }Janger's fees,
{late, may take and receive the following fees from the perfons taking up ftrays, viz. For each and every ''^' '
horfe, mare or gelding, including the certificates entered in his faid office, five {liillings ; for each head of
neat cattle, two (hillings and fix pence ; for each head of hogs or fheep, one lliilling.
V IL And be it further enaBed by the authority aforesaid^ That the coroner may take and receive for his fer- Coroner's ftes»
vices the following fees : for attending on every inqueft, twenty-four {hillings ; and the fame fees for dif-
charging the duties of a fneriff as fuch flierifFhimfelf would be entitled to by this aft for performing the
fame fervic.es.
VIII. ]And be it further em^cd by the authority aforejaid., That it fliall hereafte* be lawful for the clerks of Fees on suits
the faperior and county courts v/here fuits are determined and the fees not paid by the party from whom '^"'■^^ '° ^^ ^^'
they ai;e due, to make out ejiecutions dire£t:.ed to the fheriffof any county in this liate, and the faid {herifFQ.,i,. ,.f '^gsto^
fliail levy the fime as in other cafes • and to the faid execution {ball be annexed a copy of the bill of cofts executions to
of the fees oti which fuch execution fhall ilTue, wrote in vords at length without any abbreviation whatfo- ^^, annexed
^ver ; and all executions iffuing without the copy of fuch bill of cofts annexed, ftiall be deemed illegal, and abitfevia'ian.
TiO Iheriff ilioil ferve or execute the fame. Execaions
iX. Ind he it further enacted hy the authority afore faid. That if the clerk of any court, iheriiT, regifter or without such
coroner of any county, (hali hereafter be guilty of any breach of the duties enjoined him by this a£t, either p*^*! . .
by his own confelTion or verdi£t of a jury, it fhail on a fecond convi£tion be adjudged and deemed a mi{be- haviour^n of-*
h-ivour in c/ijce, for wliich fuch clerk or other oflBcer herein mentioned, fhall be removed from oflice. Pro- fice.
v':ded nevsnthel.-ss^ That in cafe fuch clerk or other officer fhall be difTatisfied with the determination of the
county court, lie may appeal to the fupenor court of the diftri£t in which he. refides ; in which cafe there j^^^i
ihall be a trial by jury, where if the fufpenfion of the county court fhall be confirmed, the faid clerk or other
officer as aforef^id, (lull ever after be rendered incapable of a£ting in the faid office in any county in this
ft-ite. . . _ . *
X.' And be it further enacted by the authority aforefaid. That where any fherifF or coroner has heretofore Sheriffs, &c.
fold any lands in obedience to executions or writs of venditioni exponas to him directed, and not have ex- f°j"l^y , '^"*'^
ecuted deeds for the fame, fuch iherifFor coroner, though he may be now out of office, fhall, and he is soldunde?ex-
hereby required to feal apd execute a deed of bargain and fale for fuch lands to fuch perfon or perfons ecution ; tho'
who have purchafed at vendue and paid the money for the fame ; and in cafe any fherifF or coroner having jf "/* ■°'!^*''
f6ld aiiy lands as ^forefaid, and hath fince died or removed out of the ftate, then his fuccefTor in office is his successor
hereby required and etnpowered to make fuch conveyance as is herein next before dire£led. to convey.
XI. Repealed, 1790,3. fW. 2, 144.
XII. And be it I'.irthcr cnaSied , Thfit' fo much of an aft of the general alTembly pafTed in Wake county ^^P*^''"S
the fourt;cn:h day of July, one thoufand feven hundred and eighty-one, entitled " An a£l; to regulate and
afccrtain the feyeral ofiicers fees therein mentioned," and all other ads that come withiilthe purview of this '^"'e p. 303.
act are hereby repealed and made void.
Xill. And ke it further enabled by the authority afore/aid, That this adl Ihall commence, to be in force Suspending
and take efFecl oh the firft day of April next, and no fooner. - . ^ '
Vol. I. ' "^ ,3 D
378 2, 1 784.. An a^ for, repealing part of an a^ pajfd at Ne>iern in November , one thoufnrtd Ceveii hiindred ani fevmtyf event
v.^.^v-*^ entitled " An z€t to regaLite and afcertain the fees of clerks in the luperior anri county courts, juilices jl
CHAP. 8, of the peace, and attornies ill this ftate and dire-fting the method of paying the Tame ," alfo fzrtof an
y\iiej). 260, act paS:d at Halifax in Janunry^ one thcufand fevtn hundred and ;eVfliy-nin-, al/b entitled " An z6{ to af-t i
2~^ certain the fees of clerks in the fuperior and county courts, juflices of the peace, airi attornies in this i
ftate.'' • ■;
Causes repeal- j^ a £ ,-^ ^.„^_«jr,^ (,y f},^ General AJfemhly "( thefiate of 'North-Carolina^ and it is hereby enacted fry tht authority >;
I "^ of the samf', Th;it fo much of the llinth fet^ion of the aft aforefaid, palTed at Nebwern,-one thou- )l
fand feven hundred and feverity-feven ; and a]fo fo much of the fixteenth feftion of the above aft, paffed ;i
at Halifax in January, one rlioufand fcven hundred and feventy-nine, as- relate to the juftices of the peace
in this (tale taking and receiving fees for bufiiiefs done out of court, be and they are hereby repealed and
declared utterly void.
CHAP. 9. y^n act for allowing fa 'aries ti the fucceeding oficers offiate^ and repealitigfo much of an aii entitled " An aft for
Piyvided for allovi'ing falaries to the governor, fecretary ^nd oiher officers of llate,and other purposes, as comes \r\t\\-
by irs6, 8. ex- . , " . r .,• cl Jt
cept the third ui the purview of this aft . ^ ,.,,„, , r ,- • , . '
sedion. III. \ ND be it further enaBed by the authority aforefatJy Vh:it the gnverrxoT tot the time being {htill
^r\_ appoint a private fecretary, who (hall enter into books for that purpofe, all fuch letters writ- I
!^"of Mitait^' *S" ^y ^^ ^° ^^^ governor as are" official and important, and fuch other letters as the governor may think |
secrttaty. neceflary ; which book or books (hall be laid before the next general aflembly, and by the clerks carefully !
preferved in their offices ; that the faid fecretary be allowed one hundred pounds per annum, in full con- j
fideration of his fervices and expences incident to his office, exclufive of fuch fees as are allowed by law : ;
that the comptroller-general of this ftate be allowed the fum of five hundred pounds per annum for his
But see 17&6, 8, ferrices, including ftationary and all otlier expenditures in:idental to his office, and alio the fum of two
hundred and fifty pounds for the purpofe of employing clerks.
CHAP. 10. An a8 to expfain, amend andfupply the defidenciet of an a&pijfed lafl apmhly at Hill/borough, entitled, *« An
Vol. 2, \7, 76, aft to regulate the defcent of real efkates, to do away entails, to make provifion for widows and to
^A 351 prevent frauds in the execution of lad wills and teftaments," and for directing hoiv deeds of gifts and
irsr, 14. * bills of fales of /laves pall be executed^ autk-nticated and perpetuated.
WHEREAS doubts have been fuggefted that the law referred to in the title of this aft leaves it it
lead uncertain whether brothers of the half-blood fliall be entitled to fucceed to the inheritance
in the fame manner as fifterjS do where there is no brother, nor the iffiie of acy fuch : To remedy fuck
doubts.
Explanation of II. Be it declared by the General Affemhly of thefiate of North-Carolina, and it is hereby declared by the autho-
t part of the fity of the fame. That in the third feftion of the faid aft it was the intention of the legiflature to let in the
KgTrd^t^th" brothers of the half-blood equally with the brothers of the whole- blood, and for want of a brother or
half blood. brothers, or any lawful iffiie of fuch brother or, brothers, thea to the fifters as well of the half as of the
whole-blood.
In case of HI. And whereas by the- feventh feftion of the faid aft, real eftates aftually purchafed or otherwife
death where acquired by any inteftate, are to defcend to the father if living, bat if dead then to the mother of fuch
•to""* inteltate and her heirs, by which the defcent may be altered by the accident of death, and the *partntal
' ""* ' line which is favoured in all other inftances may be deprived of the inheritance by fuch accident : For re-
medy >s'hereof. Be it enaSied by the authority aforefaid. That in cafe of the death of any perfon inteflate
leaving any real eftate aftually purchafed or otherwife acquired, and not having any heirs of his body
nor any brothfr or fifter or the lawful iffije of fuch, then fuch eftate fljall be veiled in the father of fuch
jnteftate if living, ^Ut if dead, then in the mother for life, and after the death of the mother, then in the
heirs of fuch inteftate pn the part of the father, and f or want of heir» on the part of the father, then in
the heirs of the inteftate o7^ \^^ part of the mother forever.
IV. Repealed, 1787, J 4.
Inwhatcasesa V. And whereas the atteftation 0^ Withelfes to wills and tefltaments required by the before mentioned
hand" ''•^ *^' ** intended to prevent frauds and ii,*>pofitions by the will of perfons haftily drawn up in their laft fick-
of the deceafed ■".^^®» °'' ^^°"^ ^^^^^^ ^^'^'^ of fufficient knowifdge for that purpofe, and it may be proper to make excep-
n»/ be valid, Uons from that rule in particular gafes ; Be it therefore enaSled l>y the authority aforesaidf That when any
■ " ■ " "~" '■ ' d
^aft will (hall oe found amongft the valuable papers or effefls of any Heceafed perfan, or fliall have been 2,1784', S79
lodged hi the hands ot any perfon for fafe keeping, and the fame fiiall be in the hand-writing of fuch de- v-n^voj
cealed perfon and his nam(3 fubfcribed thereto or inferted in fome part of fuch will, and if fuch hand- '""' *here are
writing is generally known by the acquaintances of fuch deceafed perfon, and it (hall bs proved by at "°_5ubscnDin^
lead three credible witnefles that they verily believe fuch will and every part thereof is in the hand-
writing of the perlbn whofe will it appears to be ; then and in that cafe fudi will (hall be fufficient in
' law to give and coavey a fuiTicient cftate in lands, tenements and hereditanients, any thing in the before
tecited uSt to the contrary notwithllanding.
VI. And be it further enacted by the authorityi aforefaidt That all probates oiF will^ in the county courts, as Protates of
[ iwrell thofc made heretofore as thofe which may be made hereafter, fhall be fulRcient teftimony for the .^^"'"^ admitted
devife of real eftates, and attefted copies of fuch wills, or the records thereof by the proper officer, '"^Jg devices'
: fnall and may be given in. evidence in the fame manner as the originals •, any law or ufage to the contrary of lands, and
notwithftanding : PrciAded oitvays. That when any fraud may be fuggefted to have been committed in attested copies,
the drawing or obtaining any laft will, or any irregularity in the executing or atteftation thereof, the par- ^J:' '^^'^ ^ **'
ty making fuch fuggellion 'fliall and may infift upon the origin.ll will being produced to the court, if the
' fame is to be found j and the court wher?in any fuit is depending, and in which fuch will may be intro«
duced as teftiraony, may compel aU:and every perlon or perfons whether ia office or otherwise to pro-
duce the fame.
VII. And whereas rriany perfons have been injured by fecret deeds of gift to children and other, and What neces-
for want of formal bills of fale for flaves, and a law for pertuating fuch gifts and fales ; For remedy "ry for a bill
Vhereof, Be it enaSiei by the authonty afar ef aid. That from and after the firft. day of June next, all fales slaves.
of flaxes (hall be in writin^i attefted by at lealt one credible witnefs, or otherwife fhall not be deerned 1789, 59^
valid ; and all bills of fale of negroes and deeds of gift of any eftate of whatever nature, fhall within ^'! deeds of
nine months after the making therepf be proved in due form and recorded ; and all bills of fale and ed and recoKU
deeds of gift not authenticated and psrpetuated in manner by this a£t directed, fliall be void and of no. ed, &c.
fprce whatfoever, any law to the contrary notwithftanding.
'IAH a^ directing the. niode of proceeding agairifi thereilejiaies of deceafed debtors, -where the personal eliate is CHAP. 1 1.
insuffcientfor the payment of the debts. To/. 2, 19.
WHEREAS doubts are entertained whether the real eftates of deceafed debtors in the hands of their
heirs or devifees, fhould be fubje<fl to the payment of debts upon judgment obtaineid againft the
executors or adminulrators : In order therefore to remove fuch <dubts in future, and to dire£t the mode
of proceeding in fuch cafes.
\\, Be it enacted by the General Affembly of the (late of liorth-Caroiinay and it is hereby enacted by the au- \n wh^tntei,
ihorityoftliesanUy That in all fuits at law where the executors or adminiftrators of any deceafed perfon and how to pro.
ftiall plead fully adminiftered, no aifets, or not fufficient alTets to fatisfy the plaintifPs demand, and fuch thela^ifdt'""
plea (hall be found in favour ot the defendant, the plaintiff may proceed to afcertain his demand and to
iign judgment ; but before taking out execution againft the real eftate of the deceafed debtor, a writ or scire facias to
Iwrits of Scire Facias (hall and may ifTue, fummoning the refpeftive heirs and devifees of fuch deceafed be served,
debtor to fhew caufe why execution (hould not iffue againft the real eftate for the amount of fuch judg-
inent, or fo much thereof as there may not be perfonal aifets to difcharge ; and if judgment fhall pafs a-
gainft the heirs or devifees or any of them, execution fhall and may ilTue againft the real eftate of the de-
ceafed debtor in the hands of fuch heirs or devifees againft whom judgment fhall be given as aforefaid.
III. Provided always y and be it enaSed by the authority aforefaid. That when any fuch heir or devifee WhatservicQ
fiiall be a minor and have a guardian, the Scire Facias fhall be ferved on fuch guardian, but where the '".caseofa
minor (hall have no guardian, then and in that cafe the court fhall appoint a guardian to defend the fuit a euw^an '**'
for fuch minor.
IV. Jnd be it ena8ed by the authority, aforefaid, That when the heirs and devifees of any deceafed deb- In case of an
tor, or any of them, fhall refide out of ftate, fo that writs of fcire facias cannot be ferved on them, and beir or devisee
ihall have no guardians on which the fame can be executed, then and in that cafe the sheriff fh^ll return i'.aTe^ amThav*
the fafit to be fo, and another fcire facias fhall iffue, on which the fame return fhall be made if the par- ing tioguar-
ties flill continue to refide without the limits of this ftate ; on which fecond return, and likewife on every '*'*"•
fecond return that the party or parties have been fummoned and no appearance iliall be made upon fugh ^^'^°"^^'"Ss <»»
fiimznons, judgment (hall be ^ivefl agiiaft the real eftate in the handu of fuch heirs or devifees. xvtll^'^^ '^
irST, U. Col-
lateral issue
l)ttwee;i the
he;r-: C-iC. and
execu.ars.
One devisee
cviJied may sue
the o;hiri iora
coauiuuuoii.
'devise.
'devisesi
V. And be It furt}:er enaSied oy the atilhority aforef.id,T\\^t when any exerit*-ors or adminiftrators (hall plead'
ful!y adminiftered, noaflets, or not fulBcient to difchargethe plaintiff's debt, hotwithflanding that
fuch plea fhouM be found in favour of the defendant or defendants on the trial of the iffue, the heirs or
devifees fhall be permitted to conteit the truth thereof : and upon the pica of fuch heirs or devifees, that
the executors or adtr.iiultratOTS have fuiticient ailets, or have wafted or concealed the fame, the court fliall
order the trial of a collateral iilue between the executors or adminiftrators and fuch heirs or devifees:
which if found againll the executors or adminiltrators, the original plaintiff fnall have execution not onljf
againft thegoof^s and chattels of the decaaled debtor, but againft the proper goods, chattels, lands and
tenements of fuch executors or adminiftrators ; any law or cuftorq to the contrary notwithftanding. •
VI. And whereas it may fo happen th^t the real eftate of a deceafed perfon may by will be diftributed
among feveral devifees, and the part devifed to one of fuch devifees may be feized in execution and fold,
while the other devifees continue poffeiTod of fuch part of the eftate as the teflator intended for thepi ;
and it is juft and reafonable in fuch cafos tliat all the devifees {houl4 bear an equal proportion of the lofsj
Be it therefor' enaSled b'-. the authority afore/aid^ That it fhall and naay be lawful for any devifee fo evidled
by the fale of the devifee* to him as aforefaid, tp bring his a£tion at law againft the other devifee or devifees
for his or their proportion ot the value of the land fo fold as aforefaid, fuggefting in his declaration the
value of all the feveraV devifees,* and the recovery againft the other devifee or devifees (hall be in propor-
tion to the v;ilue of all the devifees,* which ftiall be proved pn the trial without having ^ny regard to the
fum for which the eftate of the eyided was fold,
CHAP. 12. An aB for the more reaiy and rffe^nal execution of pr^cefs ijuing from the feveral courts of law and equity in
cafes "where the Useri^ or coroner may be rrfijledy and the power of the county Jhould be found infufficient for
the purpose, REPEALED^ 1789, 51.
CHAP. 13. -^w c^ fo*" appointing county commiffioners Jsr taking affidavitt in causes oflaiv and equity,
'HEREAS the diftant abode of the judges of the fup^rior courts of law and equity in this ftate,
from a majority of the good people thereof \yho have or may have caufes in the faid co\irts de-
pending, wherein by the prefent praftice of the faid courts, it is neceflary that affidavits Qiould be made
before fome one of the judges before original or mefne procefs can iffue in faid cafes, which is incotvver
nient, expenfive and dilatory to fuitors in faid courts : for remedy whereof,
Commissioners H. Be it e^aSl d by the General Affembly of the flate of North-Carolina, and it is hereby enacted by the authori'
to beapiwinted ty of the fame. That from and after the paffing this a£l, the faid judges may appoint, and they aife hereby'
vUifiTc***** direded to appoint, one prudent and difcret perfon in each county as a commiiTioner for taking affidavits'
relative to all caufes about being inftituted or depending in any of the courts of law and equity within
this ft;ate, on which affidavits being certified by fuch commiffioner to have been taken before him, the
fame procefs, orders and rules may ilTue from the faid courts, or the judges thereof refpedively, as if the
matter in faid afTidavits contained had been fworn to before the faid jud^jesin term tii^e or in the vacation,
any law, cuftom or ufage to the contrary notvyithfl:anding. ;, ' ,. . , .
III. And be it alfo enacted by the authority aforefaidy That for every affidavit fo taken and certified, it fhall
and may be lawful'cr the faid commiffioners to receive the fum of four fi.iirngf, and the perf n under this
afi: appointed by the faid judges, are hereby declared to have the authority thereuntp competent, and
any perfon or perfons who fhall, before the commiffioners by virtue of this a£V, be guilty of fwearing
falfely, fhall on convi<3:ion thereof {v&'qx ^he pains and penalties by lavir infheled on perfons convided of
perjury. ' ' ' .
Fees of the
commissionerr
CHAP. H.
Vo\. 2. 95, 126.
1?85. 25.
1786, 18.
irsr, 16.
Heads and fer-
ries al'cady es-
taolished, con.
firmed.
Coanty courts
jjower over
An a& to empower the coi/nfv conr's of pleas and quarter -ft ffi ens of the feviral cotivlifs' in ihisjiafi;, to
order tke laying; out public roads, and t$ tfablj)t. and fttlle ferries, and to appoint rvhert bridg'-
es fhall be built, and to clear inland rivrs and cree'i >. •
I. XJE '' enaSfed by the General Iffimbly of the flate of North-Carolina, and it is hereby enaSied by the au-
Xj thority of the fame, That all roads and ferries in the feveral counties in this ftate, thaf have been
laid out or appointed by virtue of any act of affembly heretofore made, or by virtue of any order of court,
are hereby declared to be public roads and ferries ; and that from time to time, and at all times hereafter,
the courts of the feveral counties in this ftate fhall have full power and authority to appoint and fettle
ferries, and to order the laying out public roads where neceiTiiry, and to appoint where bridges rtiall b<;
■ff-- . .
* i*ja'(!e, and to dJfcontinue fuch roads as are ncfw or fliall be hereafter made, as ftiall b6 found unlefs, and 2^1784. 381
to alter icrads fo as to make them more uleful as often as occafion fliall require, Ux-v'O
II. And be it further enaSfd by the authority af refa //, That every county court within this ftate, is here- Vol 2. 95,
by authorifed and empowered to call any perCon or perfons in their refpe£live counties to account for a- To call on de»
ny monies fuch perfon or perfons may have in his or their hands> by virtue of any diftrefs heretofore ''"^"^^^s-
made, for default of working on any road in fuch county, and all fuch monies to receive and apply to-
wards keeping in repair the roads and bridges on which fuch default 3ivas made.
in. And he it further enaSled by the authority aforefaidy That all roads to be hereafter laid out fhall be laid
out by a jury of freeholders to the greatefl advantage of the inhabitants, and as little as may be to the pre- Roads laid out.
judice of inelofures, which laying out, and fuch damage as private perfons may fuftain, {hall be done and af-
certained by the fame jury on oath, which oath ihall run in thefe words, to wit,
" F A. B. do folemnly fwear that I will lay out the road now directed to be laid out by the court of Jury's oath,
X *' pleas and quarter-fefTions, to the greatefl: eafe and advantage of the Inhabitants, and with as little
*' prejudice to inelofures as may be, without feyour or afFeijtion, malice or hatred, and to the beft of ray
#« (kill and knowledge.
SO HELP ME GOD."
And all damages hereafter to be thus afleffed (hall be 4eeraed 9 county charge, and be defrayed from the
tax on each county laid for contingent charges.
IV, And be it further enaSfed by the avthority aforesaid^ That all roads fo laid off fhall be deemed public Width of roads
■roads, and fhall be" at the lead twenty feet wide, and where to the overleers of roads it may be deemed ^°^ cause-
^ expedient to make or repair caufeways on the fame roads, they Ihall be at leaft fourteen feet wide, and *
the earth rieeeflary-to raife or cover the faid caufeways fhall be taken from each fide of the caufeway e-
qually, and fo as to form a drain on each fide of the faid caufeway : and the overfeers of public roads are
hereby direfted to have completely cut and cleared all flumps and runners fcr the width of fixteen feet
ill the centre of the highways under tlieir care, of which width neceflary bridges through fwamps and a-
Ver fmall runs, creeks or ftreams, are hereafter dire£ted to be made.
V. And be it furthtr enacted by the authority aforefaidy That where a bridge (hall be neceffary over any Courts to bulM
place where the oveiieev with his affiftants cannot conveniently make it, the court of that county wherein l>"dges, &c,
fuch place (hall be, is hereby empowered and required to contrafi: and agree for the building, keeping
fr and repairing thereof, and to levy the charge in their county ; and when bridges fhall be neceffary over Where creeks,
, any fuch creek or river which divides one county from another, the court of each county fhall join in the counties.* *°
Agreement for building, keeping and repairing the fame, and the charge thereof fhall be defrayed by both 1786, 18,
counties in proportion to the number of taxables in each,
. 6^ Vl. And be it further enacted by the authority aforefaidy That all and every contra(3, agreement and order Contraifts
by the juftices of the court of any of the counties aforefaid, entered into or made for or concerning the ^°^ gooda-
building, keeping cr repairing bridges in fuch naaAiier as to them /hall feem rooft proper, fhall be good and their suc-
againfl them and their fucceitbrs. cessors.
VII. And be it further enaSUd by the authority aforefaidy That the juftices of the cotirts through whofe roll.i>ridges
counties run large water-couvfes or creeks which from the rapidity of the water, and width of theftream *"•* causeways
may be too burthenfometo build bridges and keep them in repair by a tax on the inhabitants, it fhall and regulated,
BJay be lawful for the majority of the juftices of fuch county where it maybe neceffary, to contraft with
builders to build toll-bridges or expenfive caufe-ways, for each of which each court is hereby authorifed
and required to lay the toll to be paid on all perfons, horfes, carriages and cattle paffing over the fame,
the revenue arifing from which for fuch a number of years as the faid courta-may agree upon to be granted
, unto the builders of the faid bridges, their heJKS and fucceffors, for the building thereof, which bridges be-
ing built under the direfl.iGn of the faid courts, and the revenue arifing from the toll thereof fo granted,
the faid builder or builders, his or their heirs or fucceffors, fhall keep in conftant repair at his or their'
fole expence, in default of which on conyiftipn they are hereby declared to forfeit all right and title to
the tnlljallowed by the court.
VIII. And be it further enaBed by the authority aforefaidy That the court of the faid counties (hall annual- Overseers ap-
!y appoint overfeers of the highways or roads who are by this aft obliged to fummon all male taxables from appointed,
the age of fixteen to fifty (except fuch perfons as are or (hall be exempt from public fervices by the affem- .j.^^^ .
bly) wiiliin their diftridt, to meet at fuch places and times as to them (hall feem convenient for the re-
Vol.. I 5 E . ' ■
S82 9,1 TS*. piirlna; or m iking (azh roids as fiull be naceffifff aiid f xc?pt fuch as are or haw b^en- hereto/are by h-w
excufedfram.appeariiijj at mu'ters, and fu-c has' fend thre» fl-jves or other three fuiHcient ha;nis to work-
on the puoiic ra.iis : ani' vsrh'Moever llwll Mpo^- iu'zk f'XlVMo-.is refufe or negie^ to do aaJ. perform their
daty rheyeul, vhall foffeit and pay the fUino^iiveihilfm^s per day for each' jiierfon fo ne^i^ledliag or refuC-
ing, t.ibe recoveved by a warrant fron aity ju!tice of the county and- \'wi by t^ie iHetiffor coiiilable to
the ovarfeer, a;rd by hi.ii to be expended in hiiin-j; other hand's tc work 0:1 hki roadai
. IK- ■'.ni be It further eiilSeJ'by the anih^nt^ afo e/iiiJ,. Tthit a«y perfon refufirig-to- ferveas overfeer oiV
any road, agreeable to the order of the co'.i'ity cO'irc- in vi'^ich' be refid^is, ih '-il forfeit and pay the fum of
twenty pdwid^,. to be recd/ered and app'lied as other frnes^ and forfeitures by this acl dir>e<rted. P ovi !■-
e'/, Tnat nd' perfon ihill' ba do:nneIled to ferve a^ overfser of * roa-i iii' any county' rnoie than one- ysar iri;
t^iree. P^ovikd neverthcbfs, 'Fnat n^othin » herein coittained flva''l be cb.iftrued to exempt oveneers of
d'ave?' frbm working: on i^oads. Providdafi, Thit the over-feeiflh-dl gjive notice to each- free perfon, or
t]\e QHtters, miitrelTeS or ovjrfeefs of flaves, what kind of tools they and each of them Ihall bring aad
work with on the roads- at ths rtme of fuinm'oning j ain-d that the feveral peribne fumnioned by the over-
feers to w'ork o;i the roads as aforelard, fhaU not be liable to any fine for not appearing and! doing, their
La'jow how to duty unlefi thcy fhali be fo Pum.Tioned three days before the day appointed tor working.
'^^"l^f'^P"*' ■ X. And be it farther en jifed ^ tie autborit^ apftfaidy That it fliall and' may be lawrfui for- an" ovetfeeit, i?
■ required by the majority of theworknen on the road aTigned'hifhj to lay off therotid in- equal apartment^'
for the eaie of the labourers', who fliaU Atelh his or their parts in a-tinie agreed on between hina and each
free perfon, maiter, miftrefs or overfeer ; and" on de'fault of any agreeing party, the overfeer is hereby
I'en. on per
tons sunmoiv
ed refu%iii{j ta
work.
178j, 13
Tea fir at>t
terviog as an
tverstfei-.
Overieers of
t'aveS uorex-
ciiipteJ.
Notice.
If vvorit not
jierl'jrmeil, o
versier miy
hire others and a^uthorifed CO caufe i'uch pan to be finifhed by hire of other perfons to do- the fame, and thereon to tender
charge,
I'csts to be
marked with
direflion-i
V here roads
meet, &c.
Pto- on over-
money to
his acco'ant and demmd payment', and on fefufal' to warrant for the fame, and to recover ths
his ow'n ufe: Provided^ the time agreed Upoi\ fliill^ndt e:{ceed ten days. ,, .
Xr. And belt jurthef enacted b"^ the authority afofes^tid^ That all overfeers of roads fliall caufe to be fet up
at the forks of all roads within their feveral diltri(3s, a pofl5 or pofbs with arms pointing the way of each
and every road,, with direiiions to the-mo;lpubhc places to vivhich th^y lead, with the number of milgs from
that place as neat as canb^ compulsed ; and every overfeer who Qiail negleft or refufe to do and, keep the
seers not ke.p- fame in repair ihall forfeit and' pay for every fuch negIe£V the fum of five pounds, to be recover-ed before
ing ihsm in re- any juft'ice of tile peace, and applied as oth^i" fines in thi^ a£l are direiSted ; and every perfon or perfons
P*"' who (hall wantonly remove, knock down or deface the faid atnvs, (hail for every fuch oiFence forieit and
pay the futa of five pound's.
Xir. And be it further ena^ed by tBe authority aforesaid^ That the feveral overfeers of the roads, within-
twelve months next after the paffing of this aft, mall caufe the public roads within their diftrifts r-efpeft-
ively, to beexa£tly meafured, where the fame has nof ahead y been done, ind- Ihall at the end of each mile,
mark- in a legible and durable manner the number of fuch miles begitming, continuing and marking the'
numbers' in fucli manner and form as the courts- of the counties (hall feverally and refpeftively dite^b j' andi
keeping them every over feei^fh all keep up and repair fuch marks and numbers within his diftrid : and every overfeer
*^*"^ neglecllng or refufmg to mile mark, or to repair the mile rftark* within' his diilrift, according to the intent
and meaning of this adt', for the fpace of thirty days after their appointment to office, fliall forfeit and pay
the film of forty {hillings, tO be recovered by a warrantf biefbre arty juftice of the peace.
XIIT. And be if further enaSied By thr anthorityaj ore/aid. That' if any perfon or perfons whatfoever,. (hali-
ere'£l or caufe to be erefled accrofs aYiy public road' any bars, he (h'aU be fubjed ta pay to any perfon who
may fue for the fame the fumoffivepound, to be Recovered before any juftice of the peace,, to the ufe of
the perfon wHamay fue for the fame. Provided alwayi, Tilat no giteon any toll-bridge ihall be coivfider-
ed as liable to the fine hereby impofed', awd no perfon (hall tufnya^trt or change any public road urtlefs it
!iima"oI«j'° ^® ^y' ^'''^ order of the court of the county, fourdedupon therepott ofa jury appointed and- fworn as in the-
&.C. ' cafes, of Lying off new road's, under the penalty of five pounds for eaoh month fuch road is turned out of
Penalty. the old courle Without an order of Court', to be recovered on avv'aiMtant before any" juftice of the peace by
any perfon f-uing for the fame, and that the old road ftiiU in no cafe be (hut up until the ovetfeer fliall cer-.
^p" p" *'^^'* ^'^y '** ^^® conn that the new Opened' rOad i> iri good and fufficient order.
dJirsr ihe"t*'ju- ^IV* And be it further ena^ed by the' authority aforefaid, That all overfeerS of roads ■who (hall refufe or
tv-, «. negled to do their duty ;is is by this iBi direfted, or who fhtill not! keep the roads- and bridges clear and in
irss; 13, repair, or let them remain imciaaved or out of repair for and during th* fpace of fiftfeen day9> unlefs hinder-
ed by extreme bad weather, fuch overfsjer flwU foxfdt for each and every fuch offence the fum o£ forty
Overseers to
have rcfftds-
measured.
Pen-, fdr not
Pen fjorob-
struftin? roads
Provis* for
toll-gites.
DjUlings ox^f-'m^^ above fucli .idarna^e as may be furftalned, to be recovered by a warrant from any juftice of SjlTW. 883
the peice by any [.arfo;! taking out ihe fame, and to hs applie'd tb his ovVrt uf^. '<#*v~**>
XV. AfiJ te ii urthe'r ena^eJ by ^e authority afcre/aiJy That from and after the pafTing of this aft the CwrVs nf'vtt
co"art's of each and every cou:it'y iii tAts (late ftiali have full power and aathority, and they are hereby di- '^'^''^'P^' ler-
re£led and required to co.Tipel all perfons that now do oi (hall hereafter be appointed to keep a publid ferry,- ownmoif toil.
or who fhi.ll ovva a bridge receiving toll within thfe fild eountieSj to give good and fuffic^ent fecurity in bridges u g^ivo
trie furr; of five hundred' poiuids, payable to the chairman of the faid court and his fuccefibrg, with conditi- '"''^' ^'^'
oil that h« or tiiey {hall tod willcoiiftji'itly find, ptovide and keep good and fuffieient boat's or other prcK
jjer crafts, and lieep fuch brMges in good repair as the cafe may be, and always to be well attended for
tuavellers or other perfons,- tiicir horfes", cafriTgeS' a'nd' effefts over any river Ot creek -, and if any perfon
fAall receive damage by any f'erryman of lle'e'prfi' of a toil-bridge, not having complied with the ^osditionO'f Hoxw r«c«'ar.
his bond, the perfon receiving fach di;Tlage' {hall Snd ittay bring an aif^ion of debt ng;viiifli futh fer'rymart ':^ '" •=*"« ''
Of. bridge ke£p€r on i'uch bond int1;i(* name ijf tfte' chairMln sstid recover for* the non^petforrilarie^ of the faid '^"'^^'^ she«of
condition foniuch dannages as He,' (tie of thfey' (hsll: appear to haVe faftaiiled, and the¥ettpG>iV take 6u( ex^-
cadon for whatever fhali be fo recovered, and apply the fame to his, her or their own ufe ; and- if ftalt
and nw be lawful for any perfon detained at any public ferry by reafon of the ferryman's not having fuf-
frcient &yats, or 6flW prost*r" crafts arid' hand's, or by' lYe'gil^ a watrant from a juftke
of the' pgaTcfe to"" recover (Si fiSdi feirryni*an ^ f»!WA- ef fi(\'e pi&un.'.S' fof GV&)f fuch default or negied. Pro^ ^V Y'**,
Kudid,'Yhzt any fuch. recovery fflall not be deemed to bar any a<Stiort for {^rfonal- dam-ages f«fFe»ed by any ' ''* '
1^'etft^tf oTp^ffOiis b"jf re'a^ott'of th^ tftfuflitieftcy of fMMri'es a»(4 lioats thefrson,^ ami bridges arid caule,
^iy's.
telfid'
«^?lt ,. ^ . , . J . . .-, ,.- - :f
co'iitts'.i^all, and' (hey afe hereby a:Uthorifed- and eai^xw^dfSd; M'hertr an: inbnd river or ftream (hall run
tSfba^n'tfee county of Which thi^y are jufiiceS by oMe* <rf cduPt to appoint commiffionefs to" vi€v? and Jn-
fp^ft Tuch' ri1?5r, and itt'ake out a fcdle of the expenee of Ijbbuir With which the opening and clearing. th« -y* ;. f 4.
firn^e A'ill'be att'^nded, and if llife f<ittl6 {5idfi be dceri^ed' within the cOiMpafs of the abilities o( thfecouiitv, i„git,
sWd fiiall judgJs the' bUrt'beh ^^ili b"? Compenfated by the utility^ to appoint and authortfe the commillioriers
to JtJb^Jeed in th6 rtiotl expeditious manner in tlie openlifg and eleanfing the fame, by taking fuch hands
o'^t^'^' rii'iktfig OP repairing the public foads as the court- flVall permit and direifl to be appropriated to fuch
work, which handslhall be placed under overfeers in companies, every ovei'feer and company to have a
tKftiil£lf pottTdn of fueh rivers or ftreama laid off By the court, which overfsers and men of companies' are ^^^^' ^^'
Y.ei'ihy' fiibJedV to the fan^e rules and double the penalties as by this a£t impofed on the overfeers and wor-
kin^h^nds upOrt public roaas. P/'ew</f^, no dverfeer 6r hands appointed to open and cleanfe navigable
rival's a^cf ftfc^'tns fiiall be compelled to work oii public road«(.
XVlt' Afidbe itjurther ena^edbythe authority aforefdidy That all fitted and forfeitures mentioned in this ^>nes howap-
a«ft, and herein not applied, ftiall be applied to the u(e of the county. I'''«'^-
XVIII. And be it ena^ed by the authmty a/orefaidf That all and every public aft relative to rOads Repealing
aAd vi^tef-couffes, and coming within the meaning and purvieWof this adl is and are hereby repealed and <='*"*3'
niade void to all intents and purpofes whatfoever. Priw^ed nevirtheUfsi That nothing in this ad con-
taitied fh&ll be conftvued to alter the method of working on and clearing the rivers Neufe,' Dan, Roanoke ^^^V^^*
tfed Trerit in the manner by the laws heretofore euafted is direded.
An d'Si to' pfehieht unjust appeals^ artdto etrtpoibei^ the cmtH^ couyti iritUsJIaU to provide far the/afe-keepittg^ tht cHAP, \&,
-rft-«»-»etii»rt4tti« rf tjiatei of ideots and lunatics. F>;/. 2,i?3.ial,
iflmr an a'd fof me above purpofes is neceflary, and would be attended with geiieral utiii* ^~''^^' ^•
tmue his appeal, then fuch appellant (hall pay to the plaintiff in the original adion at the rate of fi}f per
cent. Upon the judgment fo affirmed, the total'fum mentioned in the judgmeiit appealed from, computing
froBl the time of the appeal to the affirmance of the judgment, and th« faid intareit {hail b« adde«^ to the
County courts
to a[r,JCint
giiaidians for
loiOis and lu-
nuits.
Commissioners
to Si U such
person's es-
tate.
CHAP. 16.
Ante p. 345.
384 2,1 ■784'. fald judgment in the fuperior court, and execution fliall iflue for the fame*, and in every bond to beglyen
K^^"^—^ for the obtaining of an appeal from a judgment in any county court, mention fhaU be made in the con-
dition thereof of the faid fix per cent, be paid by the parties bound, in cafe of ^n affirmance pf the judg-
ment of fuch county court.
III. And whereas there are in divers parts of this ftate ideots and lunatics poiTeffed of confiderable pro-
perty who wafte and deftroy the fame, and make improvident difpofitions thereof ; Be it therefore enaSed^
That it ftiall'and may be lawful for every county court in this ttate, wherever any fuch ideots or lunatics
ihall be within the junfdiikion thereof, to appoint him or her a guardian, taking bond for the faithful ad- '
miniftration of the truft repofed in them, in the fame manner as bonds are taken from the guardians of
orphans.; and fuch guardians when fo appointed fhall continue during the pleafure of the court, and fhall
have the fame powers, to all intents, conftructions and purpofes, and (hall be fubjed to the fame rules,
. orders and reftriftions, as guardians of orphans appointed by the court, fuch ideotcy or lunacy to be afi
certained by the inquifition of a jury by virtue of writ to be iflued by fucji court to the fherifF of the coun» '
ty for that purpofe.
An aSf to repeal an aSt of the lajl General Affemblyy entitled^ « An a£l: ceding to the congrefs of the United
States certain weftern lands therein defcribed| ^nd authorifing the delegates frorii this ftate in congrefg
to execute a deed or deeds for the fame."
WHEREAS at the laft general aflembly began and held at Hilhborough on the riineteenih day of
April laft, an aft was pafled ceding to the congrefs of the United States certain weftern lands
therein defcribed, and authorifing the delegates from this ftate in congrefs to execute a deed or deeds
for the fame, which territory when ceded was to be cqnfidered as a con^mon fund for the ufe and bene-
fit of fuch of the United American ftates as now are, or fhall become members of the confederation or
foederal alliance : And whereas thg ceffion fo intended was made in full confidence that the vi^hole ex-
pence of the Indian expeditions and militia aids to the ftate of South- Carolina and Georgia (hould pafs
to account in our quota of the continental expences incurred by the late war : and alfo that the other
ftates holding weftern territory would make fimilar ceffions, and that all the ftates \yould uaanimoufly .
grant imports of five per cent, as a common fund fpr the difcharge of the fped eral debt ^ And whereas'
the ftate of Mafiachufetts and Connefticut, ^fter accepting the ceffion of New-Tprk and Virginia, have',
fince put m claims for the whole or a large part of that territory, and all the above expefted meafu^e^,
for conftituting a fubftantial common fund, have been either fruftrated or. delayed: . ,
II Re it therefore enacted by the General Affemhly 9f the ftate of ^orth-Carohna, and tt ts hereby enacted by
the authority of the lame. That an aft of the laft general aflembly, entitled, '< An aft ceding to the con-
grefs of the United States certain weftern lands therein defcribed, and. authorifing the de.egates from
this ftate to execute a deed or deeds for the fame," ftiall be and the fat«e is hereby repealed* ^nd every
claufe and article thereof declared null and void to all intents and purpofes as if the fame had nevpr been
made.
ir89, 8.
A^ repsaledi
CHAP. 17.
Governor to iS'
sit^oiders.
An aa for obtaining an accuraU account of the militia fe^ vice during the late ivar, in firdfr that the claims of
this /late upon the United States may be afcertained.
WHEREAS feveral ftates in the Union have made claims foj militia fervice, and particular expe-
ditions which do not fall within ihe defcription of fuch feryjcc* as congrefs have determined
fliould be carried to the charge of the United ftates; a:id whereas many cxpcdiaons undertaken by the
militia and other troops of this ftate without the ^xprefs diredion of congrefs or any contmental com-
mander, were of fuch natiire and fo circumftanc^d as to preclude the poffibility of an application to
congrefs or any fuch commander, without hazarding thefafety of the ftate and endangering the com-
mon caufe : in order therefore that the fervices and expendituvcsof this ftate m the gauf^ of the United
States may be the more eafily and accurately aCceitained, ■ , . , ,
II, Be it enadled by the General Afembly of the /late of Norih.CnroUna, and tt ts hereby enaBed by the au.
Thorityofthefam'., That immediately after ratification of this aft, the governor or commander in chief
for the time being ftiall iflue his orders to the brigadiers or commanding officers of the refpeftive diT-
trias to coUea from the different officers in fuch diftrifts, .nnd from fuch as have been officers at any
time during the war, or their reprefentatives, complete niuft?r-roU3 of all militia that have at any tim«
been in fervice fince the nineteenth day of April," in the year one tho ufand feven hundred apd feventjr-
five, cr other A-'JTicicnt documents thereof, in whidi fhall be fpecifieJ the number of men, the continu- 2,lYSi. 385
anc? ofe3<'H tour of duty, and under what command cJled cut aiid continued in ftTvice, Vg^v***
III. jl.-id be ii farthd' enaSied by fhe (futhorit)' aftnfa d, That the j^verai brigailivrt or coimnandlng off O'ip'^itir'ij
iiters (halt call upon all officers witliin their refpeil^ive diftridls, and all others wlio have a£led :^s ofHcers ""^ '
at any lime during the vi'ar or their reprefentai^ives, as weP thofe who have fjllccl the oiilce of brigadiers
as others, for all fuch raufter-rolls, letters ffom fuperior olhccrs, and other documents of wji.itever kind
whether from civil or mviitary authority which may now be in the polTeffion ol them, or which they or any
of thciu have in their power to procure ; ^ud all demands and requifitions made l)y virtue of this a£t fliall
be in writing : And the colonels or comnjanding officers of counties ihall iflue their orders in like man- "Du y ot com-
nertothe other field officers and captains in their refpedlive diftri£ls, and when any perfop who a£led "zanders of
as an officer x)f any denorainatioa ihail bo dead or removed, the requifition in cafe of death ihall be made
to the roprefcntatives of the deceafed perfon, ?nd in cafe of removal (if to any other county in the ftate)
to the commanding officer of fuch county ; and the feveral brigadiers and other officers are hereby re-
quired and dira^ied to call on all and evejy .perfon arid perfons who may have in their pofleffion any of
the documents required by this afl, and if any perfon or perfons (hall refufe or negledl to deliver any Pen for neg-
/n«it:er-rolls, letter or documents required by this aft, or Ihall refufe or negle£t to certify and authenti- '^uJt°^.j.y"|"
cate such muster-rolls, letters or documents, or Ihall refufe or neglett to give fuch information in writing ^c,
as he may be possessed of, the perfon fo offending fhall forfeit and pay the fum of fifty pounds to be
recovered by a£l:ion of debt In the name of the governor fior the tinae being, in ^ny court of record
having cognizance thereof.
• IV. And be it further enacted by the atithority afoyefaidy That the governor for the time being fhall caufe Governor to
lobe collecled all letters from general officers of the United States, all orders for callins; into a£lual colleavouch-
fervice the iiate regiment and militia, and allletters from continental officers to the executive authority '
of this (lute, as alfo to call upon the comptroller for fuch papers and documents as may be in his office as
have a tendeiicy to fupport the demands' heieby intended to be made, and have fair copies made of fuch
letters orcrder, or fuch extracts frora the letters as may be neccifary to efle6t the purpofes intended by
this'a^t ; arid the governor for the time being is required to ufe all poffible difpatch in every part of the
bufiricfs required by this a(ft, fo that tiie neceffary documents may be in readinefs to be forwarded to the
delegates of this flate in congref; on or before the firft day of ,0£tober next, and to forward them accord-
ingly a3 foon as they ihall be prepared for that purpofe.
'■Y. And hit jurt her enaBed by the authority afore/aid. That the governor fhall by virtue of this a£l in- Delegates hoyr
ftruft the delegates of this ftate in congrefs to lay the above mentionjed documents before congrefs, and tobemstrua*
in the narre of the ftate to require that this ftate fhall have credit with the United States for the expence
cf the differe:!t expeditions and militia fervice in fuch manner as may be confident with equity and juf-
tice, having a due regard to the remote fituation of this flate from congrefs and the commander in chief
during a great part of the war, and to the preffing neceffity of tjie different fervices when there was no
continental' general in the fouthern department, . •
4n a& to amend an aSf, papd at the lafl feffion of the General /JJimbly, entitled, « An aft for the relief of. cHAP. 18.'
fuch perfope nshav^been difabled by wounds, or rendered incapable of procuring for themfelves and Ante.p 304,and
families fubfiilence, in the militia fervice of this ftate, and providing for the widows, and orphans of,^^^^^'^^"'*'^^"*'
fuch a^ have die4-" Repealed, Vol. 2, li) .
^n a& to preyent the ^Jfning cf grants for lands on the wejitrn waters to fuch as have paid for the <r«- CHAP. 19.
try thereof in counter fat ccrtijicates, and vntil the furveyors Jeesfiali te paid, and making prcviji- Ante p. 322.
ov fr^ thnf- Ti'lo may hav er tered lavds previcufly located by others. ,^ r ferred to "*
TTiCTHE.REAS it hath been made known unto this general aifembly by the Entry-taker appointed un- '
der an aft of afTembly, pafTed at Hillfborough, on the eighteenth day of April, in the feventh;
year of A>:)erican independence, entitled, « An a£t for opening the land-office for the redepiption of fpe-
,cte and>other certificates, and difcharging the arrears due to the army," that large fums of counterfeit fpe» , ,-;
^ie certificates have been paid into his office for entries of lands made under the fald a.£l, for which gran^g^. /.,.,;
have not yet been iffiied from the fecretary's office as by the faid a£l is direfted.
ir. Beit evaBedby the General Aff.mb'y of the fate of North-Carolina, and it is hereby enaBed by the au- Entry-taker t*'
;^/j«;/,' tivAt from an4 after the paffing of this ad, it QiaU and may be lawful for the fai4 ea- deliver coun.
tlo--'it\ of the fa
Vo^. I.
Secretary to
S(o|) certain
grants.
Ame p. 320.
E»try.taker to
be lurnjshed
386 2,1784. trjr-taker to tlelivcr to tLe fecretary of ftate, all fuch counterfeit certificate* fo received with an tn^orfe.
v.-'vO ment of the perfons by whom puid ; which certificates fhall be accomparied with defcriptive lifts of each
feitctriifjcaes, parcel of the counterfeit certificates as afciefaid, containing an account of each certificate, the board of
• auditors in whofe name ilTued, and the perfon to whom faid to be iffued, the amount of certificates, by
v:hom paid, with the quantity of land and number of entry,. which fhall be fubjeft to a detention of graam
as by chis law dire£led, to which the entry-taker aforef<ud, or his afliftant in ofiice, fhalJ fubjoin the SoU
lowing affidavit ; " I do fwear that the above lift isjuft and tjue to thebeft of my knowledge. SO HELP
ME GOD." Which oath the fecretary of ftate is heieby required and empowered toadminifter.
III. And be it further enaBed ly the authority oforefaidy That the certificates being returned into the faid
ofiice of the fecretary of ftate, under the reftriclions before recited, it fhall and may be lawful for fajd
fecretary to ftop in his office the grants of lands for v/hich the entries thereof have been paid for in coun-
terfeit certificates, agreeable to the entry taker's return aforefaid, until the fame (hall be exchanged by
the perfon or perfons claiming fuch grant, with good and true fpecie or other certificates to the fame va-
lue, as by law direfted, to the amount of fuch counterfeit certificates paid for the fame, or with the pa-
per currency of this ftate, emitted under the a£l of affembly, pafledat Hillfbotough, in the month of A-
pril, one thoufand feven hundred and eighty*three, entitled, " An a£t for emitting one hundred thoa-
fand pounds in paper currency, for the purpofes of government for feventeen hundred an.d eighty-thj-ee,
for the redemption of paper currency now in circulation, and advancing to the continental officers and fol-
diers part of their pay and fubfiftence, and for levying a tax and appropciaiing the confifcated property
for the redemption of the monty now to be emitted."
IV. /Ind be it further enaSed f-y the authority afsrefaid, That the fecretary (hall give the entry -taker a cer-
tificate of the amount of counterfeit certificates by him received by virtue of this aft ; which certificate
with a receipt fljaj] \,q ^ fufficient voucher for faid entry-taker in pafling his public accounts ; any law, ufage or cuftora
to the contrary notwithftanding.
G an* may ba ^* ^"'^ whereas the furveyors appointed by the laft general affembly to furvey and lay o(F the lands
stopped for sur- on the weftern waters, from the far di^Vant refidence of the numerous proprietors, may find it impradli-
vnyojs fees cable to colleft the fees for their fervices : Be it therefore eaaBed by the authority ajdrefaid. That where <he
perfons claiming grants under their entries and furveye, (hall not produce receipts of their having paid
the furveyor or furveyors, then it ftiall and may be lawful for the fecretary of ftate to demand and receive
the fame, apd. without difcharge of wKich he is hereby dtrefted to ftop the faid grants.
Subsequent en- VI. ^nd be it ena^ed by the authority afarefaid, That if any perfon or perfons (hall have (by virtue of the
tries may be law commonly called the land law now in force in this ftate) located his or their entry to any fpot or piece
of ground on which any other perfon or perfons (hall havp previoufly located an entry or entries, that then
and in that cafe the perfon or perfons making fuch entry or entries, or their afFignee or aflTignees, (hall be
at full hbeity to reniove his or their warrant or warrants to any other lands on which no entry or entries
have been previoufly fpecially located •, and the furveyor or furveyors are hereby authorifed and requi-
red to furvey and make return thereof in like manner as for other furveys and return as by law direfted.
The bo' nds VII. ^nd be it further enaBed by the authority afwefaidy That in cafe it (hall happen that there is not a
cf ojntineuul fuffiicient quantity of tillable land within the boundarie^<; laid off for the officers andfoldiers of the conti-
ttUafr^, *** nental line of this ftate, the deficiency (hall and is hereby direded to be made up on any xinapproprisited'
lands within the limits of this ftate, any Uw to the contr^y notwithftanding.
An aQ to dcfcribe and a/certain fuch perfons toko owed alUgiance to this ftate, and to imp of e c'trtain
dtf qualifications en certain perfons therein detcribed.
WHiEREAS the citizens ofthis ftate at the expence of much blood and treafure have emerged from
a cruel and dangerous war, and whereas fundry perfons who refided wjthin this ftate, and who by
every moral and poHtipal djHgation owed obedience and allegiance to the fame, being loft to a fenfe of the
rights of mankind, attached ihemfelves to the then commpji enemy and continued with, them throughout
the late war, whereby the calamities tliereof were greatly encrea(ed' And whereas in all well regulated
governments it is juft'and nece(raTy to prevent all fuch perfons as nwy be dangerous to the harmony of the
community from participating in the public councils and in the government thereof :
II. Be it tf. erefore inaSled by the General Affembly of the Ha': 'jf N rth-Carolinat atfd it is hereby tnaSieJ by the
authority of the famey TShat sM znd every perfon above the age of twenty-one years, who at any time
voluntarily attached himftjlf to OK tmiieroufly CQrrefponded widi» or in any manner aided ot abetted the
iemove<i to c-
ther Icinus.
CHA?. 20.
17«*, 11.
Persons iiieli.
e-l'le to public
^(Uiih t»oop» la profecutirtg the late \rar, fhall be incapable of holding and exercifing the office of gorer- 2,1784f. 887
nor> councillor of ftate, delegate in congrefs, judge or juftice of the peace, nijember of the aflembly, flierifF, Vir**v*«J
coroner, clerk of a court, arid all military uiTices. '
III. And be itju^tker ena&edby the author ty aforefaidt That any perfonofthe above defcription offering Penalty.
, Ivmfelf as a candidate or confenting to ferve as a member for any county in the general aflembly of thia
ftate, Ihall forfeit and pay the fum of fifty pounds for every fuch offence, to be recovered in any court of
record within this ftate, one half to be applied to the ufe of the profecutor, and the other half to the ufe
of the county where fuch offence may happen.
IV. Providadnev^thelefsy That nothing contained in this a£t fhall be conftrued to encourage or permit Proviso,
the return to this ftate of any perfon who may have been a refident of the fame, and who has at any time
during the late war attached themfelves to the enemy, and who may have afted by commilTion or otherwife
as officers, in any military or judicial depattnjent, and who have not fubmitted to the laws of this ftate be-
fore the day of the rati6.cation of the definitive treaty.
An aBfw altering the oath of allegiance^ and the oath and. affirmation of fidelity, chap. 21.
\. andW.'kepealedi VoWi^W.
III. A ND he it further cnaEied by theauthority. a/cre/aid. That all perfons hereafter to be admitted citi-
j^"^ zens of this ftate, ob who fhall he tequir«d to take an oath of allegiance and fidelity thereto, qua-
kers, moravians, menonifts and dunkards excepted) ftiall take and fubfcribe the following oath, that is to fay,
•» T A* B. do fwear thati' will be faithful; and bear true allegiance to the ftate of North^Carolina, and Oathof citi-
j_ *' I will truly endeavour to fupport, maintain and defend the independent government thereof, a- ^^"ship,
<« gainft all powers and perfons who by fecret arts oi open force fhall endeavour to fubvert the fame, and
«« will in every refpe£k conduiil myfelf as a peaceable orderly citizen, and that I will difclofe and make
« known to the legidature or fome perfon or perfons in civil authority, all treafons, confpiracies or atteinpts
« committed or intended againft the faid ftate which fhall come to my kaowledge.
SO HELP ME GOD." ^
And all Quakers, Moravians, Menonifts and Dunkards to be admitted citizens, or who fhall be required
to teftify their fidelity to the flate, fhall make the following affirmation, that is to fay,
«« T A. B. do folemnly and fincerely declare and affirm that I will pay obedience to the independent ftate Affiimation.
JL ** of North-Carolina, and to the powers and authorities which are or may be eftablifhed for the
** good government thereof, and that I will difclofe and make known to the legiflature, or fome perfon or
«* perfons in civil autfiority, all treafons, confpiracies or attempts committed or intended againft the faid ftate
•' which fhall come to my knowledge."
Provided always, That this a£l fhall not be in force until after the firft day of April next.
4n aH to amend an aB entitled «* An a6t for altering the time of holding the annual eledions and annual at chap. 22.
femblies, and direfting the manner of electing annual officers for the fucceeding year." Repealedi Volt
2, 65, 78.
An aSi to prevent perfons holding affics of profit from enjoying feats in the General AJfemhly. CHAP. 23.
WHEREAS it is contrary to the fpirit of the conftitution, and the principle of a genuine republic,
that any perfon polTeffing a lucrative office (hould alfo hold a feat in the general reprefentativc of
tiie people :
\L Be it therefore enaBed by the General AJfemblyof thefiate of North-Carolina, and it is hereby enaBed by the Pewons inca-
euthorityofthefamey That from and after the prefent feffion of the general afTembly, every perfon holding P**"^**°»
a. public office of profit, either by ftated falary orcommiffions, (hall be and they are hereby declared to be
incapable of being elefted as members to ferve in the general afTembly, or to enjoy feats therein ; and any
member of the general afTembly who fhall accept any fuch office fhall thereby vacate his feat, any law, u-
fage or cuftom to the contrary notwithftanding.
An aS to limit the time of the continuance ofthe/everal boards of auditors in this fi ate, and of the board for fit' chap. 24.
tling and liquidating the accounts of the continental officers andfo diers, to a certain period, and to empower the
treafurer to pny out of the tax for the year feventeen hundredand eighty-four the money , which war to havebeen
. paid agreeable to an a£i of ajfembly fajed at Hill/borough i^J June lafi.
Ir T) E it enaBed by the General .iffimhly of the fiate oj North-Carolina, and it is hereby enaBed by tlie au- Time limited,
j|l thority of the fame. That each of the boards of auditors in this ftate fliall continue to fit and exe-
S88 2, 1 781. cuts the bufinefs of its inftitution for thirty days between the pafUng of this z^ and the {ii{l day of Februr
'.^•^c-J ary next, and ftiall from and after the faid time be, and each pf the faid beards are hereby diflblv(jd /
and alfo the board lijc fettling and hquidating the accounts of the officers and foldiers of the continental'
line belonging to this Itate fliall continue to fit and exercife the powers with v/hkh they are invefted by
law until the firfl: day of February next, and afterwards fh^ll be diflblved and entirely annihilated; And
B ard^too-ive ^^^ ^'^ ^^ boards above mentioned (hall as foon as may be after the peffing of this adi give public i)otic9
noiice. ° in the North-Carohna gazette where it may be conveniently done, or if it cannot be done, then iji the
moli: public places in the diftrifl wherein each of the faid boards have ufually bet fet. -
Fiirthpr sum H. And be it further ptnSied by the authority' afctrefaid. That the public treafurer be and bS is hereby re-
P* '/*"' '^°'"' quired to pay into the hands of Benjaniin M'CuHoch arid Henry Montfort, the balance yet deficient of the
jum directed to be paid into the hands of the coojmiffioners for fettling and liquidating the officers and
foldiers accounts by an aft paffed at Hillsborough in June laft, out pf the monies arifing from the tax
for the year one thoufand feven hundred a.nd eighty-four j and that their receipts for fuch money
fliall be a voucher for the treafurer in the fettlement of his accounts with the public. . '
Certificifes to HI. And be it furth r enaSled by the qi^thorify qforejaid, That upon the commiffioners appointed to fettle
issue, • and liquidate officers and foldiers accounts, fettling any account with officer or foldier not having money
in their hands, they (hall iffae to fuch perfon a certificate for three fourths of the fdm due, agreeable to
law. ' ' ' ~ - ■ ;
Auditors for IV. Whereas the auditors for the diftrit^ of Hillsborough, by removal and refufal, will leave the faid
Hillsborough. djfl;ri£^ without perfons to fettle and adjuft the accounts thereof; Be it therefore enacted by the authority
aforefaidy That John Young, Samuel Smith and Alexander Mebane, fhall be and they are hereby ap«
pointed auditors for the faid dillri£k ; which perfons, before entering on their office, fhall take the oat}*
appointed by Ijiw.
CHAP. 25. An aSf to eJiahUJb in the towns ofEdenton, WaJlAngton^ Ncuibern and Wiltningtony courts for the fpeedy decifion
Kupersedtd by ' of mercantile transaSions with foreigners and tranfientperfonsy and of maritime affairs,
the adoption of the cojistiiution of the U States
CHAP. 26' An a& to prevent borfe-Jlealing.
Kep, 1786, r, irSO. 12.] ' ' "•■•..
CHAP. 27. An act to alter the time of holding the feveral county courts of pleas' and quarter fi^tons thirMmentie/^ed, and for
\yithrespea appointinga vendue-majler inthe touvh of Bdenton, REPEALEDy nS'^i,'?. it^^'6^i..
to the times of holding these county courts, see 17^5, ^. ,' . ' ' !' ) . i.':
CHAP. 28. An act for dividing the di/lrict of JHo'gan.
How to be di- !• TJ E it enacted by the General Affembly of the fate of North -Car olinat and it is hereby enacted ^ the aftthori-,
vided. £3 (y of the fame, .That the diurift of Morgan be divjded in the following manner, t/;ai is to fay, The
counties of Burke, Lincoln, Rutherford and Wilkes, fhall be and remain the di{lrl«El of Morgan j %nd
^^^d'stria e- |:he counties of Wafhington, Sullivan, Dav;dfon Jind Greene, immediately after the paffing this aft, {hall
naiMof'xVash. ^^ '"'^ are hereby deblared to be a diftin'ft and feparate diftrift bjr the name of Wafhington. Tke refi
ington. •■'■''■ 'objolete, Wafhington difrict being ceded to the Unit^d'States, 1789,3,
C^4P. I'i'. 4*' 0^ to amend an aS, entitled, " An 3(3: for dividing the county of Cuijibexland," pajfed at Hi/f/horeuglf
lajl general ajftmbly, andto confrmtbe proceedings cf the jiyfices of MjfdrfCO&nty,andtp alter the time'^f hoJdr-
ing the courts of faid county: ' ? i. • .ic.:.. ,.--..■•: H
Ante p. 366 IITC/^^'^^^^ ^1 ^^"^^ miftake in defcribing the dividing line of the late county of Cumberland, ; ilfl
Y V lias been direfted to be laid off \n 2, different manner from what was intended j iot reipedyl
whereof, •■■••■■ ^ ■ - = ■ . - .: . '■ • ■ . . . .,fl
Line how to II. Be it enacted by the General Affeinbh of the flate of North-Cetrciina, and it is hereby enacted by the aft-ti
i'""' thority of the saine, Tl)at the line for dividing the coimty of Cumberland ftall begin at Cole's bridge, oni
Drowning creek, thence a direft line to the Cumberland and Chatham line, oh the fouth fide of the r{-.,
ver Cape-Fear ; and that Thomas Arjtiftrong, William Seals and William Rand, or a majority of them, a
be and they are hereby appointed commiffioners to appoint and pgree with a furveyor for the purpofe of
running the faid dividing line ; and the faid line when fo run fhall be held, deemed and taken to be thft :
dividing line of the faid county of Cumberland, and that the lower county continue and remain by. th«
name of Cumberland county ; and that the juflices in the faid county hold the courts at' the place*wher$
they were ufually held in the Taiid coufity, . I ~. '. '. and that all caufes, pleas, writs, a£Hons, fults, 2,1784.389
pjaints, procefs, precepts, recognizances and other .matters and things, in the faid court depending, ftiall u«-v^>^
continue and remain to, be tried in the:faid county. Fb/. 2, 224.
III. And be it fu'thsr emBed by the authority ^or^/^. That all that part bf the county lying to the north- ^^oun'y erea.
\pefl: of the new line, (hall be and continue by=the name of Moore county. ' " ^
[The remainder urtnecejji&y tp be inferted-l
An ad. fof'txiehdin^ the dividing line between the counHes of Hvdf and TyrrtfL CHAP. 45.
WHEREAS. , the line between the counties of Hyde, andTyrrell has never b?en extended, by
which means the lands lying on .the fuppofed boundary have been indifcriminately entered in the
faid counties.; for remtdy .whereof,
II. Be it enaB d by the General AJfemhly ofthefiate of North-Carolinoy and it is hereby enaBed bf the authori' Commissioners
tyofthefamey That Southy Rew, John Eburns, Ifrael Watfoii, James Anderfon, William' Blount and '<'«•"'» ^^^ J'"*-
Nathaniel Jones, or any four of them, be and they are hereby appointed commiffioners for the counties
of Hyde and Tyrrej, and that they or any four of them fhall meet on or before the firft day of December,
feventeen hundred and eighty-five, and jointly proceed to run and mark the faid line as follows ; begin-
ning where the counties of Beaufort, Martin and Tyrrel corner, thence a direct courfe.to Long-Shoal ri-
ver, and thence the fame courfe continued to Pamptico found.
III. [Altogether frivate.'\
IV. And be it further enaBed by the authority aforefaidy That where any vacant lands may hav? been en- Prior entries
tered in either of the faid counties over the faid line jn the Great-Difmal fwamp, the fame fhall have pre- ^^'''^'
ference and efFe£t according to the date of fuch entry, as fully as though it had been made in -the county
where the faid land (hall be on the extenfion of the dividing line.
THE TITLES OF THE PRIVATE ACTS;
29 An act for the encouragement of learnirig in the district of Sf>
Silishy.y.
30 Anact for Itvyin^atax in the countie<! in Hillsborough ard
Salisbury (iiStrcts, for the r^pa'rs cfthedistrict buildings 27
in ihe towns '-f Hi'lsbfToiighand Salisbury, and directing
tlw me'h.td of calling to account 11 commissioners of pub-
lic buil<lir,B;s heiet"ifore or hereafter to be appointed.
31 Anadd.tio'-.al act to amend an act, entitled, " an act for pur- 3S
chasing a lot or lots in the town of VVilmington for the
purpos«» of building a gaol for the district of Wilmington,
and other purposes," passed at Hillsborough in the year 3g
' one thousand seven hundred and eighty .three : and an act
entitled, " an act to amend an act, entitled, an act for
putcha'ingalororlots in the town of Wiimin,ij;ton firthe
purpose of building a gaol for the district of Wilmington. 40
and other purposes, and for repairing the court house of
Said district, passed at Hillsborough last assembly."
^j2 An act to estafolish the principal streets of Fayetteville as laid
down in a plan of the said town by commissioners ap- 41
" pointed by an act passed at Hillsborough, the eighteenth
day of April, in the seventh year of|".ie independence of
this state, entitled, " an act for appointing the several
persons tlierein named to lay out the streets in Upper
Campbelton, in Cumberland county, and tor the future
.Regulation of the said town, and giving a further time for 42
saving lots in ihelowertown, and for altering the iianie
of Camrbelton to Fayetteville,"
An aft for the inspeflion of tobacco in the town of Hillsbo- 43
rough.
J4 An afl to remove all disabilities from Simon Cleary, * and o-
thers therein i amed^
"•5 An a<ft to amend an ail, entitled, " An Z&. for establishing a 46
town in Jones county ;" also one other a<ft, entitled, " an
a<f» for dividing Craven county into twodistindl counties,
and for other purposes therein mentioned."
Vol. I. 5 G
An adl to establish the town of Morgan, and to direfl the
building a court-house and prison in the same, for the dis-
trii9 of Morgan.
An aA for empowering the county courts of Warren and
Franklin to lievya further tax on the inhabitants of aid
counties, for defraying the expence of building a court-
house, prison andstrcks.
Ana£i to amend an aft. entitled, " an aft for levying a tax
en every hundred pounds value of taxable property in the
distrift of Newbern, forrepaiving the d'striftgaol "
An aft to empowerthe count} court of Wayne to lay a tax
annually, for the purpose of finiihingand compleatingthe
court-hruse, prison and stocks, and fordefraying the con-
tingent charges of said countv.
An aft for empowering the commissioners of public buildings
m Bladen county to sell the public lots reserved tor said
buildings, to purchase others and build the court-house on
the .^tieet, if more eligible in theiropinion.
An aft for removing the public buildings of Mecklenberg
county from Charlotte to the centre of said county, ap-
pointing commissioners to find said centre, and to super,
intend the erefting a court-house, prison and stocks as
near said centre as convenience will permit, and altering
the mode of annual eleSions in said county.
An aft for clearing and opening the navigation of Tar river
and Fishing creek, in the counties of Pitt, Edgcomb and
Halifax.
An aa to amend an aft, entitled, " an aft for laying a tax in
the county of Northampton , for repairing the public build-
ings thereof, and to appoint and empower commissioners
for that purpose "
An aft to release James Underwood and Job Ward from the
forfeiture of a recognizance entered into for the appear-
ance of a certain Dankl Campbell, before the superior
SMS, 1784;
eotfrt of HllltUiw^h Ais\M, utd tteia a judgment g'ttren la^fblly siied forartd vKtvettS.
upon the said forfeitare. 48 Ah aft to secure the property of Eliz^be^h Bonner, in Be»o-
iT An aft to enable Benjamin Blount, of Tyrrel county, trustee fort county, in the hands of trustees.
to Thomas Bogg, to sue and recover for and to the use 49 Art aA to supply theidsSofapatfehtforacertaintraaoflaiadly-
and usesof the children of the said Thomas Bogg all debts ingi in Currituck county, granted to RicBatd Cumrting-
due and owing to the said Thomas Bogg, and all other forth;'
things in aAion which the said Thomas Bogg might h^ve
1^34 ^^HJ"?^? i^ ratified ia General Assemblf, the 35th day of Nowmber, Anno Dom. 1784.
fticHAB.1} CaswelLs s. s;
W1M.1AM Bloust, s.c*
1785. 391
I
HARD ,
VSWEl.L,
pLta GENERAL ASSEMBLY, begun and held at Newbern, on the Nine- ^j^^^^
teenth Day of November, in the Year of our Lord One Thousand Seven ssq. Governor.
Hundred and Eighty-five, and in the Tenth Year of the Independence of
the said State : Being the First Session of this Assembly.
AnoSifcreilabUibingathiUtiainthhJia^e. CHAP. I,
Rep 1786; 2jv
Ji^a^ fir tficre^mg the jurifdiSlion of thtemnty courts oj pieas and quarter-fejjions, arid of the jujlicts ofthecviA'^. 2.
peace ottt ^ court, and direSing the time of holding the fiyeral courts of this Jlate. Vol.2, 57, ^i-,
WHEREAS the extenfion of the jarifdidioa of the courts of pleas and quarter-feffions of the fe- ^^^^ j^
veraj coantiei ■Vekhwi this ftate, may tend to the more fpeedy furtherance of juftice to the citi- 1737^21.'
zens therein :
I. Be it therefore enaEied iy the General jijimbfy of ihejiate of North-Cardinal and it is hereby enacted by the Jurisdiflion of
authority of the samct That feorfl and after the paffing of this aii, the feveral 'county Gouris of p!c*: and f^"^'^j^^""*
quarter-feflions within this ftate, (hall have^ hold and exercife junfdidlion in all atlions of trefpafs in '
ejectment, forfnedon in defcender, remainder and reverter, dower and partition, and of treflpafs quare
claufum ffegit, any law to the cpntiary notwithftanding. And from judgmeuts thereon the latne right ^„,g 203
of appeal is hereby granted to aay perfon or perfons thinking himfelf or themfelves aggrisved by reaibn '
thereof, as in fuch cafe is provided by an aft, entitled, "An a£l for eftabliihing courts of law and regu- Appeals*
lating the proceedings therein. * Provided neverth lejs, That before the granting of any appeal' whatever,
the attorney prayii^the fame fliali certify to the court in writing reafohs for his motion, with his opin-
ion that the fame are good and fufficient in law why fuch appeal ought to be granted ; which certificate
as aforefaid, figsed with the name of the did attorney, Ihall make part of the record, and be tranfmit-
ted with the other tranfcript of the caufe to the fuperior court zi aforefaid. . Where interest
II. And whereas from the manner in which appeals from the county cdurts of pleaB and qitarrfer fef- aUowed'on ap-
fions have been heretofore obtained in numerous inftances, frequent injuftice has happened to many peuh.
juft fuitorsfrom the delay incident to faid appeals : For remedy whereof. Be tt further enacted, That
when any appeal prayed fhall not be profecuted, or the court before vs^hom the (aid appea' may be deter-
mined (hall affirm the judgment, then (hall the appellant be decreed to pay to the appellee, twe!re and
an half per cent, btereft from the palFmg of the judgment in the county court by which fuch appeal may
have been granted ; and the bonds taken for profecution of appeals witli effed (hall hereafter make part gg^^,
, 6f the records fent up to the fuperior court, on which judgment may be inftanter entered up againft the j^^ ^^^^^1 ^_
' appellant and his fecurities y and no appeal in any caufe or court whatfoever (hall be abated by the death batea bj death,
Oi either plaintiff or defendant, but may be proceeded on by applicatiori of the heirs, executors, ad'mi-
hiftrators or a(rigns of either party.
III'. And be it further enacted. That it (hall not be lawful for any court to grant a continuance of any J'^*^^ J|^
caufe therein depending, but by c6nfent of both parties or on caufe (hewn by affidavit filed ; wiiich caufe
- &all be held fufficient in law for the faid continuance. ^ .
. IV. jtnd be it further enaa4d by the authority aforefaid, That Gngle jufticeB of the peace (hall from and af- J^^^J^^*^i^.
ter the pairing of this ad, have jurifdidion of all debts and demands of ten pounds and under, ^^^^ \\omtb.tm
the balance due on any fpeicialty, Contraft, note or agreement, or for goods, wares and merchandizes 10/.
fold and delivered, or work or labour done ; all which matters and things are hereby declared to be cog-
nizable and determinable before any one juftice of the peace out of court, and execution thereon may be
awarded as dirededby the aforefaid recited a£V, « An z€t for eftabii(hing courts of law and regulating
the proceedings therein," fubjeft nevetthelefs to the appeal of any party as by the faid a£l is provided.
Provided alivayif^ T^Jiat j.udgmen£s given by any one juftice of the peace, execution thereon fhaU be'ftay- Apnea*,
392 1785.
Executions.
Tim? of hold-
ing courts.
1786, 38
1/89, 14
1790, r, 23
Vol. 2. 20, 2!,
30, 34, 45, '49,
5J, 63, 102,
llj. 130, 145,
165, 166, lg6,
204, 224,
Security from
Coroner.
Ko interest al-
IjweJ for a
speciiic time.
ed in the follomng manner, to wit, For all fums not exceeding forty {h'-Hings, twenty days ; For all
I fums above forty fhiiiirigs and not exceeding five pounds, fixty days ; and for all iu.ns above fiy;3 and not
exceeding ten pounds, one hundred and twenty days : For the full and truly payment of which with
colls and intereft till paid, the party requiring fuch ft.iy of ex2CUtion (hall give fulHcient fecurity if re-
quired ; and if the faid judgment Ihall not be difeharged at the time to which the execution theteoa
may have been flayed, then it fhall and may be lawful for any juftice to ilTye execution ,in the ufu*l
form for the fame againfl the principal and his fecurities,
V. ^nd be it further enacted by the authority afore/aid ^Yhzt the feveral county courts of pleas and quarter
fefTions herein after mentioned within this ftate, {hall be held hereafter on the following days : For .....
the counties of Lincoln, Mjntgomery, on the tirft Mondays in Januiry, Apri', July, and
0:loi)er ; the counties of Onflow, Rutherford, ..... on the fecond Mondays Jn the fame
months ; the counties of Duplin, on the third Mondays of the fame months ;...... the
.counties of Granville, Rowan . , ... on the firfl Mondays in February, May, Augud and
November ; and for the counties of Nafli, Surry, ,. and Chatham, on the fecond Mondays in the
fame months: the counties of Guilford, Gates, Moore . .... on the third Mondays of
the fame months,} the counties of Rockingham, Hertford and Orange, the fourth Mondays, and Hyde
on the laft Mondays of the fame months ; the counties of Novthampton, ..... Beauforjt
on the firfl Mondays in March, June, September and December ; the counties of . . , . ^^
Craven, on the fecond Mondays -in the fame months ; ..,...' To which times refpe£lively,
all matters and things in the refpedlive county court? within this flate fhall fland adjourned, from' the
courts which will be next in coiirfe after the palling of this a£l,
VI. And be it further enaSied by the authority afore/aid, Th^t every coroner in this ftate at the next court
for their refpe£live counties, fhall before the juftices in court, enter into bond with two or more good
and fufficient fecurities, in the penalty of one thoufand pounds payable to the governor or his fucceflbrs,
with condition for truly and faithfully executing the office of coroner; and upon a breaoli of the faid
condition the bond may be alfigned and fued for until the whole penalty is recovered, in like manner as
the bonds given by fheriffs.
yil. And be it further enacted by the authority afore/aid, That in all trials for the recovery of debts COn-
tra£led previous to the fourth of July, one thoufand feven hundred and feventy-fix, no intereft fha!l be
allowed from that period until the fourth day of July, one thoufand fe;ven hundred and eighty-two, where
the debtor fhall prove the creditor had refufed to receive the current money of the ftate, or had remo-
ved him or herfelf, or remained out of the flate within the aforefaid time, or continued within the Brl-
tifh lines.
CHiP. 3.
All but tha 9th
and lOih sec-
t ons superstd-
ed by the con-
stitution of the
U. States.
Commissioner^
Ku such ton-
nage duty now.
tower of far-
met com.-nis-
sioners enlarg-
ed.
CHAP. i.
An a& for the nguladon of Ciymmerce.
IX. A ND be it further enaBedy That Jofiah Collins, William Littlejohn, John Gray Blount, Johix
£^i^ Wright Stanley and Spyers Singleton, Efquires, be appointed commiffioners for itnproving the
coafting navigation ; and they, or any three of theni, fhall caufe a furvey to be made of the coaft and
beacons or land-marks, to be ere<fted on fuch places and in fuch manner as they flidl think moft condu-
cive to the information and fafety of vefTels coming on the coaft ; and the txpence of fuch furvey and
beacons or land-marks fhall be paid them by the colleflors, by order of the CGtmniffioners of navigation,
out of the tonnage duties that fhall be co]le€led in the ports of Roanoke, Bath, Beaufort and Cunituck,
after the ncceflary.expence of keeping up the ftakes has beendeduffed ; to which furveys and concomi-
tant expences, the commifTipners of the feveral ports mentioned, fhall contiibute refpe^flively in the fame
proportions they contribute to the ftakeage of the Swafli.
X. And be it further enaEied by the aitihorily ajorefaidy That the commiflioners of navigation heretofore
appointed by law, and their fucceflbrs, fhall have full power to caufe the navigation from the town of
Beaufort to Neufe river, to be flaked as other channels, any law to the contrary notwithftanding.
An aO. to enable the public trejxfurtr v[Lore effcBualU to recover pubiic monies that are now due or here- '
aft T may h^ come due.
•^"VJ'HEREAS it appears to the general aiTembly, that by the negle£l of many of the clerks of the coun-
Y\' ty courts failing to make returns of the former flieriffs, receivers of quitrents and duties, and
county treafurers bonds, and the taxable property and polls within their refpcftivegcounties, it isimprac-
;ica'ile for tTie public ttesfurer to perform the duties by law required. And whereas there are many en- 178.5. 393
ry-takers and others, who owe confiderable fums of inoney, and cannot be called to account by the faid L^j^yo^
reafurer : For remedy whereof,
I. Be it enaifed by the General Affembly of the ftate of NorthTCarolina, and it is herehv enacled by the autho- Clerks to make
"ity of the fame. That the clerk of each and every county court within this ftate ihatl, and they and every returns to tre^i-
>f them are hereby required to tranfmit to the public treafurer at his office, on or before the firft day of gj^, ^'
fune in each and every year, attefted copies of the bonds of the former (herifFs, receivers of quitrents and
bties, and county treafurers, with the amount of taxable property, and polls fubjefl: to pay a public tax,
or the preceding year, fetting forth in fuch return the quantity of each fpecies of property fubjedi to be
axed as aforefaid, and the number of polls within his county ; and at the fame time the faid clerks {Viall,
ind they are hereby required to return to the laid treafurer, the bonds of the entry-takers of their refpecl:-
ve counties, if any fuch fliall be-in their office ; and if no entry-taker is in the faid county, then the
;lerk fhall certify the fame to the treafurer.
II. And be it further enaSied by the authority aferefaidy That the clerk of each and every of the fuperior Of fines, for-
ind county courts fhall, and they are hereby required, at the time for making returns of the copies of the fs"">'esi &c-
ormer fherifFs, receivers of quitrents and duties, and county treafurers bonds as aforefaid, to render un-
0 the treafurer an account of the fines, forfeitures and amercements that are due and payable for the ufe
if the flate ; and at the fame time to pay into the treafury the money due thereon, or fo much thereof as
le fliail have received : and if no fuch lines or forfeitures have been recovered in any of the faid courts,
he clerk of fuch court fhall certify the fame.
III. And be it further enjSied by the authority aforefaid. That on application of the treafurer to the clerk Clerk's fees*
•f any .county court for a copy of the record certifying who was the (herifF, receiver of quitrents and du-
ies, and county treafurer, and their fecurities, for any one or more years fince the year one thoufand fe-
en hundred and fifty j or for the flieriiFs bonds, o* a copy thereof if recorded In his faid office, or for
lie amount of the public taxes for any one or more years, or for the fettleraent made by any Iheriff with
[le court of fuch county, the faid clerk is hereby dire6led and required to tranfmit the fame unto the trea-
urer, and for each ana every copy made and tranfmitted by fuch clerk, he fhall be allowed the fum of
ight fhili'ings, to be paid out of the county tax, on his producing the treafurer's receipt therefor.
IV. .And be it urther enaBed by the authority aforefaid, That if any of the clerks of the fuperior or coun- Pen, on clerk
y courts, fhill fail or ne^left to comply with the dirediions of this aft, he or they fo offending fhall for- °* "egiett.
pit and-pay ihe fum of fifty pounds current money, to be recovered by action of debt in any court of re-
|)Td having cognizance thereof; and the public treafurer is hereby required to commence and profeeute
Ifuit or fults in the name of the governor for the fanie ; and oh recovery thereof to be applied as other
ttbMc monies, ,
V. And be it further enacted by the authority aforefaid. That each and every officer and other perfbn with- Bonds to be de.
1 this ftne, who hath in his or their pofleffion any bonds for which the money due thereon is payable ''^^''^d to the
)t the ufe of the ftate, are hereby required to deliver fuch bonds into the treafurer's office as foon as "'""
lay be. Provided, That this act fhall not be conftrued to extend to compel the collectors of impofts to Proviso.
eliver up the bonds taken for payment of the duties pn goiads imported into this flate, or fupeiintendants
ffales of confifcated property.
i VI. And be it further enaSiedh^) the hiithority afoefaid. That if any former fherlfF, receiver of quitrents Pen. on shft-
f duties, or county treafurer, fhall hereafter fail or negledl to account for and pay into the public trea- ""'5*', ^^' "^
try the public tax of his county, at the time by law required, he fhall not be allowed his commiffions on ,^",s faiiilJ^ to'
le money by him received or to be received by virtue of his faid office, unlefs fuch former fherlfF, receiver pay.
: quitrents and duties, or county treafurer, (hall produce a certificate from the clerk of the court, that
>e faid county treafurer proceeded agreeable to aft of affembly for the recovery of the faid tax from the
illeftor or colleftors who failed to account with him.
VII. And be it further enaBed by the authority aforefaid. That the treafurer (hall and is hereby required, as Treasurer to
pn as may be after the firft day of December in each year, to make an exaft flatement of the balances ^"g*^** * ""^
le on the public tax by each former fheriff or county treafurer for the preceding year, and publifh the fame.
An aSi for emitting one hundred thoufand pounds paper currency, for the purpofes therein expreffed. CHAP. 5,
["¥ THERE AS the preffing clreumftances of our domeflic and foreign debts, evince the neceffity of 1?86, 31,
r V emitting a further (urn of one hundred thoufand pounds in paper currency, to be applied to dif-
VoL. I. 5H
S9t \''8B.
100,000/ to be
en;i tid.
Denomina-
tions ' f the
bills.
How printed.
Form cf .he
bills.
Manner of fab
ricutiou.
Lawful tender.
charge , par. of ,hc foreign deb.s due from the ^^^^^^^^J^JZ^^^Z
foederal government , as alfo tomake provfion f°' *=?"/"="' °X?™,^;^^^ffi^^^^ of eon.inental loans ii
venty-five bi.is of forty fhilJings each, ^^"'yrfi^V^ h ^/of tve SS eX^wenty-five thouland biM
fand bnis of ten (billings each, twenty-five ^houfand Wis of five ^l^'JS^ f ^^^^'^^j^ tlventy-five thoufa,^'
of two (1-tilHr.gs and fix pence each, ^^^^"^^^J ^f^^^^^^^,^/^^^ :^ That the lame be printedi
bills of one fi.i hng each and twentv.fivethouft.na bu^ c^f fix pence e ^^^^^^ ^^ ^ P ^^^^
Syfih^f be :^r^^^^^:i:i d^eul^Aht^e ^Jt^e public t^afurer, to be by h.n. applied
to be en^itted, (hall be as fo'l^-'^^XmblitSatNewbern.the ^^^^^^^^^^^ December! Ar
« whatloever, agreeable to an aft of f ^^^r^^^^ bills (hall be impreffed and pnnted
Domini one thoufand feven I^-^-^^.^^^/f^tkld^ bofht the face and reverfe thereof, on the ed
i!:%rh!L\Trc^.tl'?u*xrh:,s;ef*r^^^^^^^^
LVtr„rbt*™%:rL°™tenn^^^^^^^^^^
to be paid out of the money by them paid into the ""f"'?, commilTioners by this aft appointed, fltti
Vl' J„J i. UturtUr «.al>.d *, * ^^''^f T,^"t«S andTLploy aVmter to print the «»
be and are hereby empowered to purchafe W' ff ,"S '^4 M be pa d for the moSey necel&r
j-i'rlr^dTrrt^rSb^na^r*:."^^^^^^^^^^
tltZ X'^taly^r/i'-Crfm^mslsr;^^^^^ ha. „fed in prmtin, and imprefl.
the fame. ^ , . , ^i -^ ^r^^^r^iJ That whoever Ihall, by printing, writing, engt»»
Punishment yill. And he it further enaSedhy the ^"*^''p.fy±.^^^^ credit emitted by virtue of this at
S;C"'"- ing. or by any oth^r ways and --"J -^^^^^^^^^^^^^^^ make any cUe, p'refs. type or oth.
or any part, words, letters, name, emblem or device ot the la * letter, name or device there©
inftrum^ntfor emitting or counterfeumg any of the ^^'l°f>?l.^^l^^^,[^ bring fufpeded perfonstoju
except by authority of law, (or in cafe ^^^^^ ^ "^^^^^'/^[sn^d m order ^ S ^^ P^^^^ifl^.j^^ .^erec
tice)or (hall alter Ix deface any of the ^-'^''f\'^^'^':^^l^^^^^ thereof lawfully co
or (hall knowingly pafs or utter any ^"""^^'^f^'^;'';^"^ /ft^jlute. or challenge peremptorily more ik
viaed by confeflion or verdia, or on arraignment on trial ftandm^^^^^^ 8 V
Uiirty-fiJe jurors, every fuch perfon (hall fuffer death without bencfat ot clergy.
Their pay-
To provide m
terials, &c.
Typcj, &c. to
te destrowed.
tK. And h it further enaBid iy the authority afore/aiJy That if any commiffioner appointed by this aft to
fign the faid bills of credit, or fuperintend and number the fame, fliall die, refufe to ad or refign, remove
or beicome difabled or difqtialified, it fhail and may be lawful for the governor to appoint one in his ftead •
and fuch commiffioner (hall give bond, and be fubjeft: to the fame rules and regulations as the commif-
fionefs heretofore iiamed.
X, ^nd be it furihir enaSted h'y the authority ahrtfaiJ, That the bills of credit to be emitted in virtue of To be printed
this a£l, (hall be imprefied, figned and numbered at Hillfborough. ;»' Hilhbo- !
XI. And be it further enaBed by the authority aforefaid^ That the treafurer after receiving the money by """"Sh-
this aft direfted to be emitted, (hall be and is hereby direfted and required to pay the fame out of the trea- ^"^ '" ^ *P* -
fury for the purpoffes in manner hereafter mentioned, and for no other purpofes, that is to fay, to a war- ^ '
rant of the governor in favour of the commiffioners for their expenditures in printing and purchafing pa- ^
per, they having firfl fettled their accounts with the comptroller of this ftate ; to the warrant of governor '
for the allowance of the commiffioners for fuperintending the prefs, numbering, figning and delivering the
bills into the public treafury ; to the order of the general aflembly for allowance given to their members
and officers fof their attendance and fervice, and the warrant of the governor for the falary or allowance 1
of the civil lift for their fervices performed. :
Xli. Andhe it further enabled by the authority afrefad. That a further fum, not exceeding thirty-fix A sum ret ex. ^
thoufand pounds, fhall be paid to fuch perfons as (hall be elefted by ballot as aforefaid, for the exprefs ceeding 36000/. :
ptirpofes of purchafing tobaccoj deliverable at the towns of Halifax, Tarborough and Fayetteville; whereof ^^^^^ tobacco, ^
the commiffioner for Fayetteville (hall receive fixteen thoufand pounds ; which commiffioners (hall not on ■
any occafion be allowed to give more than fifty (hillings for each hundred weight of merchantable tobacco instruflions to :
by them tefpeftively purchafed, when infpefted at the refpeftive warehoufes of the faid towns ,• which commissioners, ■
faid tobacco {hall be purchafed by tiae faid comnliffioners, and fhall be by them (hipped to fuch ports in ^*^* k
Europe or the Weft-Indies, or eifewhere, as they (hall be advifed by the board of treafury, to fuch perfons ''
from whorti bills of exchange or monies may be procured for the payment of the proportionable part of i
this ftate of the debt due from the United States, to be fubjedl to the orders of the board of treafury of the ,
United States, and to obtain releafes and difchargcs for fo much monies paid as aforefaid in behalf of this
ftate } whofe tranfaftions (hall be laid before the governor every three months, and before the next general j
alTembly t And the governor (hall from time to time, whenever it (hall appear from their report that any j
confiderable quantity of tobacco is in the hands of the commiffioners ready for exportation, give informa-
tion thereof to the board aforefaid, and requeft their ^ireftion with refpeft to the fame : and the faid com- !
miffioners (hall for their trouble be allowed the fum of two and an half per cent, for this fervice. Provided^ ^. . ^
That the commiffioners to be appointed by virtue of this aft, fhall previous to entering into the execution curi*/,^&c| *** \
of their office take the following oath, '\
*' T A. B. do (olemnly (wear that I wiH not trade with or part from any of the public money by me \
I " received by virtue of my appointment, but as is prefcribedby the true intent and meaning of
« this aft." ■
And the faid commilTioners before their receiving the faid monies and entering upon the duties of their '
appointment, (hall enter into bond with two or more fecarities in double the fum they (hall refpeftively
receive, payable to the governor for the time being and his fucce(rors in office, for the true and faithful ^
performance of the trufts r epofed in them and duties by this aft direfted^ ]
XIII. And be itjurther enaBed by the authority aforefaid, That the refidue of the faid fum of money emit- Remainder sip^ J
ted as aforefaid, (hall be referved in the hands of the treafurer for the payment of all fuch claims which pf«priated to •
have been granted or which (hall hereafter be granted to the citizens of the United States, or any other '^ulJ^c^cT^"' **^ 1
perfon whatfoever, by the general affembiy, he or they obtaining the governor's warrant for fuch claim ' ' ^
particularly fpecified. i
XIV. And be it further enaSled by the authority aforesaid. That the tax of fix pence on every hundred acres Sinking fund
of land, one (hilling and fix pence on every poll, and one (hilling and fix pence on every hundred pounds *°' '*« "^edemp* ;
value of town property, (hall be levied in each and every year, to commence and be firft paid for the year ''""• '
one thoufand (even hundred and eighty-fix ; which (hall be a finking fund to fink the paper money in cir- ]
culation, no part of which fhall again go into circulatioB except the commiiTions given for the coUeftion i
of faid tax. • - - - ,
396 1785. AftaB to fecure 'nl quiet in thsiy po/f^fftons allJuchperfoHf, their .heirs and ajjtgns, who have purchafedi or mn
(,^-vO hereafter purcbajt lands and tenements^ good and chattels, which have ueenfoldy or ma^ ^enqfter bt fold hj
CHAP. 7. commljjloners of forjiited ejiate t legally/ appointed for that purptfe,
irSo,6, X-]! -rHEIlEAS by force of fundry ads of the general alTembly of this ftate heretofore pafled, com,
YV nionly called confifcation acls, the lands and tenements, goods and chattels, rights and credits of
- divers perlons fpecified by nume, and all other perfons in circumftances fimilar to thofe fo fpecified, are
Ante p. 243, declared to be forfeited to this ftate, and in virtue of the faid acts, and of other ads for carrying into ef-
and aSs cited. ^^^ ^^^ ^^.^ ^^^^ co:nmiflioners have been from time to time appoii^ted for feizing all fuch forfeited ef-
tafes and making fale thereof for the ufe and benefit of the faid ftate : and whereas it is declared by the
faid a£l that the fales of the faid commiffioners (hall be good and valid in law, and fhall veft in the pur-
chafer, his heirs and affigns, as good and abfolute eftate in fee fimple iii all fuch property fo purchafed a$
the perfon from whom fold poflefled on the fourth day of July, one thouland feven hundred and feventy
fix, or at any time fince ; and the faid ads dp further provide, that in cafe any eftate fo fold ftiould after-
wards appear to have been the property of infants, feme coverts, or any perfon or perfons not defcribed
or meant to be included in the penalties of the faid confifcation laws, that then and in fuch cafe, fuch fa-
vourable circumftances being made to appear to the fatisfadion of the general aflenibly, fuch perfon or
perfons (hould be entitled to receive all fuch fums of money or monies which fuch eftate or eftates did fell
for, together with an intereft of fix per cent, thereon : and whereas in virtue of the faid adls of the generaj;
aflembly commiffioners haye been appointed, and in purfuance of their duty have adually fold and dif-
pofed of the great part of eftates fo heretofore forfeited and vefted in this ftate to the citizens thereof and
of the Ufiited States ; a^nd it is highly reafonable and juft that all fuch purchafers, their heirs and affigns,
ftiould be proteded from expenfive and vexatious law-fuits which have been or may be commenced againft
them or any of them by the obnoxious and difqualified perfons fo fpecified in faid ads, commonly called
confifcation ads, or by and other perfon or perfojis whatfoeyer claiming by, from or under them or any or
either of them, by any ad, deed, gift, will or other conveyance whatfoever, unlefs the fame were- ac-
tually made bona fide before the fourth day of July, on? thoufand feven hundred arid feventy-fix : where-
fore,
Persons hold- n ^^ If em^ed *> the General Afembly ofthejiate ef North-Carolina^ and it is hereby enaSfed by the au.
Imlerialc""'''' thority of the fam' ^ That perfons holding or deriving titles to any real or perfonal eftate, under a fale or fales
lawfully made lawfully made by commiffioners of forfeited eftates legally appointed for fuch purpofes, fhall be deemed
by commisMon. not liable to anfwer any fuit or fuits in law or equity, which hath been, or may be commenced by any ,
«^M&tes^'not Perfon or perfons fo fpecified or defcribed in the faid confifcation ads as inimical to the ftates, or by any
liable lo an-° perfon or perfons whatfoever claiming by, from or under them or any or either of them ; and that the
svvei any suit pourts refpedively fhall and may, and they are hereby required in all fuch cafes, upon the motion or affi- ^
s^eciHeT"" ^^'^''^ °f ^^^^ defendant or other perfon, and by his deeds and other documents making it appear that he
desclibed'in J^olds and derives hig title to the lands or chattels in queftion under and by the fale of a commiffioner or ,
the confista, commiffioners of forfeited eftates legally appointed, to difmifs all fuch fuitors, fuits, adion or aclionsy
tion afls. &c. gj the proper cofts and charges of the plaintiff or plaintiffs, any law, ufage or cuftom to-the contrary not- ,
"nVunderhTm, ^i^ithftauding.
&.C.
CHAP. 8. An additional aSf to an a^, entitled, « an a9 for raiftng a public revenue for the fupport of government ^ and if
repeal an aa, eniitlfd, an a£i to supprefs df^cejive gaming." REPEALED, Vol. 2, d,
CHAP. 9. ^« act for levying a ta:^ for the suppof^t of government, and to continue the redempticn of cfffti»(^tal money, old
Temporary. paj)er currency, specie and oeher certificates,
CHAP. 10. In net to amend an act, entitled, " an act for opetiingihc land-cffice and other purpofes.
/»ntep,322.and ^"JTTHEREAS it is found altogether impradicable for the d ffexent furveyors within this ftate to com--
afls ibere re- ' ' VV pleat their furveys in their diftrids and counties agreeable to an »d of the general afTembly pafTed
af Hillsborough, in the year feventeen huudred and eighty-three.
Time granted I. BE it enaBed by the General \Affembly of the fl ate of North-Carolina, and it is hereby enaSJed by. the autha-..
for thecomple- ^jfy of the fame, That in order to fecure ^\e rights of thofe perfons who have entered lands with any of the
tion of surveys, gfjjry.takers, or may be poflefTed of warrants granted by the fecretary of ftate to the officers and foldiers
nf the continental line of this ftite, a further indulgence of eighteen hionths be granted the furveyojrs, ii|
of3Wfe':'i8ifti^ieal 4 fdifeyiGnmv^inzTmnMii^^^^^^ **> t^« P'^^^'^g of this aa,, arty ^1785. S9T
laiv to die contrary nbtwithfbanding. - » i n- *• x .! t t^^ .„-^
II. 4fidbeitfJfberend£kdhyiiduthoritj^^6f^sM, That m aU e«es where the office of entry-takerOrde^^^^^^^
fliall become vacant, that then atfd iri that cSfe, tlie focceflbr^irt office fliaH and 19 hereby authortfed and 7
required to make out and iflue all ^axntit-i which {Hall riot haV* been made out ; that ali warrants lo
made but and iffued Oiall be and dre hereby madeaS vaK>d as if fH^V had beeti efxecuted by tne entry-ta-
ker who received the entry. PH-oided, That fuch entry -taker fhatl tiQ* b« sceauntable for fuch momes
as hj law 4ire^ed to he retieiVed for e?U;rrp^ of liiA riiarde pieVidOs td bi3 ajppolnimem 4:o the office.
An aB to amend an aa, papi ai Neii/iirfit in Novemtu itHl iibifaHd fekJm htlhdi-ed and -ilghiy-foury ehtii- cnk7. IL^
ledy « An aft to defcribe and afcertain fuch perfons who owed aHegiarice to this ftate^,- ;irid to im- Ame p. 3bfi.
pofe certain difqualifications on certain perfons therein defcnbed."
WHERiAS it appears to the general affeiftoly bl Notth-Gardltrta, b^ the petitions f font the fevetal
counties in this ftate, that the above fecitfed adl has not had th^ defired effe£l :
I. Be it therefore enacted hj^ thi Generdl Jffemhly ^fihejldit of Norib-GfU^ditrid, aMit is herdji enacted by Persons inca-
the authority of thejdme^ That every perfoti who at arty time firice fh^ fourth dary of July^ one' thoufand fe- P**^^ ^ °®*^
veh hundred and fevep'ty-fix., Attached hihifelf tOj tit traitfsrWifl^ corref^ondfed with, or in any manner
aided or abetted the eneftfieji of this fta'fe '^ j)rof*Ctiting the Isfte wat,' fhafll be itfcapable of holding or exet-
cifing the office of governor, councillor of ftate, delegate in congrefs, judge ot j tffttc6 t)f the {*eace,
member of the general afftlmbly, of anf office of Rdtiour, profit oif truft 'Srhatfofever within this ftate.
II. A7td he it further endBed by tht authority nfortfi^dyUhzt atry perfon of tfce aboVe defcriptiori ofFefiWg f.^?- forsDli-
himfelf as a candidaite, or confettting to ferve as t ra'erfibfer for any cotinty iti th6 general afletr.bly, ttt Who f^^^^t exerds-
ihall hereafter offer as a Candidate for, or accept of (it' quahfy to dther df the aforementioned offic&Sj 6t ing any.
holding either of the f^id offices ffcaJl prfifttttie to iohtittue to exercife the fattie t&n days afte^r beirig fer\f-
ed wit^ ah authentic copv of thic a£lj, of aftfer thfe" fexpiratiori of three tihofltte fibrti the rafificatibn heredf,
fhaU forfeit and pay the fiiin of five hundi'ert potrrfds ccitrent riiotoey foif ei^ety fuch offence, t6 be teto-
vered in any court of record ii-ithiri ^his ftate ; dti'ehsif i6 b^' afiplied to the ofe of the perfofi ftiing for
the fame, and the other half to the ufe of the ftate. Provided neverthtlessi That nothing herein cohtained Provis*.
{hall be coniiiued to excUide any of th^ good dozens of this ftati? from holding and eJiercifing any of
the aforefaid offices, Who wereuild^f the neteffiiy 6f rectiVlrlg firoteftidn-frbm the latfe ^edrtimon enemy,
and who after receiving tliat protection did not ftay voluntarily with them, nor took an a£live pa¥t in Exception,
any manner, by fufniffiirig them willingly Witli ptdViftoni bi be5*iri^ aifm«^agamft this ftafte, oi' accepting
any appointment under the faid enemy, ciVil oi military, and tTie faid unfoftunatie citizens having only
received prote£liori as aforefaid, arid haVirtg reriewed their ^Pfegiai^ci to the ftate in good time, are here-
bj reftored to the rights and privileges of citizens aS fully as if they never had received proteftion frorh
e common eneriiy as .afcfi3(aid, any ksrtr to th^ coritrafy ttdlWrt!Hf!artdiri'g-
AAdB dtf.i&iri^ thc^i niarHc^i feitieiHe*Hs ifid ahW th^fia^^ tmtraBs [ball be tegifiereiy and for prevenRng chap. 12.
injury to cftiitoVi. Vol. 2, 16, 14^
WHEREAS riaarfragie fettemeritsf sfnd' other maffiag^ cohtra6ts, binding the eftates of the' huf-
bands, have beeVi frequently made ami kept fecret,' Wheteby the poffeffijrs upon the credit of
their apparent property have been enabled to contract great debts, to the raanifeft deception and injury
df their creditors : For reniiedy s^^ereof foif the fufi5pre,
I. Be it etiuctedby the General Afjemhly of the 0ate ef North-Ctfrotinai akd it is hereby inactidby the au- Marrmgeconi
thority of the sa»tet fh^ al! marriage fettlettientsa^id other marriage contradls whereby any moneyN or '"f** PT°^*='*
other eftate ffiall be fecured to the wife or huft.and heretofore made, and which have not had their ef- '^S'**^''*'''
feft, (hall be proved iii the fame manner as othfer deeds, and ffiall be regifteted in the proper county on Fttrtfcenime
ct before the firft day of May nejtt ; atid all marriage fettlements and other marriage contrafts hereafter allowed. ""
to be rtrade, ffiall be proved within fix months affier the making thereof, and regiftered within one month
thereafter ; and all marriage fettleirierits arid otiie* marriage coritraas not proved and regiftered ac- r, -j •
cording to the direaions of this aa, (Ml be void agaittft creditors, any law to the contrary notwithftand- crSrs^^""*
ing. , ,.
H. Arid fol'' t)fev^ririg mjur^ to cf^d!t<»%j Bi iimtaed atid declared b^ the authority aforefaid. That no What necissa;
matnage fettreweittwi' o«Ker iiia^!agfe'CH>ritri^ (hall be good againft creditors, whete a greater value '^ 'o^akea
Vol. I. 5 1
398 1 78.5. is fecured to the intended wife and the chi^Idren df tl>e nu»rtag€, 6r either bf them, tban the portion aAu-
fhall iie upon the perfon or perfons claiming under fuch marriage concra£t. Provided ai~j)ayfy Thit K j
Proof requisite, any legacy or legacies fhall be given to the wife in general words a!>d not in truft, or a diftributive (hare .
Proviso for le- °7 ^'^I'^s of any intslhte's eftate ftiali fall to her daring her coverture, fuch legacies and diftributive fliares -
Sacies, &c, (i" cafe the eftate of the hufband and wifefliall not at the time of the marriage be of fuiHcieut value to ^
^ake good the marriage contract) (hall be held, deemed and taken as part of the portion received witt i
the wife, and fliali be fecured to thofe clainung und^r fuch marriage contra£ly any thing herein contain- o
. ed. to the contrary not withftanding^ , , '^''' v]
CHAP. 13. -^ ^ to empower the commijjtoners, to liquidate the accounts^ of the oj^cerf and fotiieiri of the gmftienial line ^ ■ '
ro/. 2, 91. this it iite^ and to revive the late boa dt of diflriS attdii or s for a limited time.' ' ^ ;- ;,
WHEREAS the commiffioners heretofore appointed for liquidating the accounts of t^e line '^fdire- ;
faid have not been able to receive all the accounts aforefaid, in a great meafure owing to the .
(hortnefs of time given for that purpofe in the a<fl of alTembly palTed at Newbern', in November,- one' ■
Ante p. j^7. thoufand feven hundred and eighty-four, wherebjr many of the good citizens of this (late are greatly iri- '
jured: For remedy whereof, . ' . ■ ' ^
^Appointment ^' ^^ ii ^o£ied by the General Affembly of the Jiate of North-Carolina, and it is hereby ehaBed by the au- ^
of commlsiion- thority of the fame. That Benjamin M'CuJloch, John Macon and Henry Montfort, Efquires, are hereby <
ers the.r appointed commiflioners to liquidate the remainder of the accounts due officers and foldiers of the cbnti- "'
power, &c, nental line of thisftate, and are hereby invefted with the fame powers with refpe£l to the fettlement of j
accounts,, and are under the (ame reitriflions as the commiffioners were that a£led under an a£i of af- ;
fembly palTed at Hill (borough, in Jttne, one thoufand feven hundrfed and eighty-feur, entitled, "An a£l a
for the relief of the officers and foldiqrs of the continental line and other purpofes." ]
II. j^nd be it further enaSled, That the faid comtailEoners (hall take the following oath before they en^ •
ter upon the duties of their office, that is to fay, !
Their oath. " T A- B. commiffioner for liquidating the accounts pf the officers and foldlefs of the cbntinetifal linei^ \
j|_ " do fwear, that I will faithfully and to the bell of my knowledge difcharge the triift repofed in-
me. ^ >
To Issue cetti- ^^^ -^"^ ^^ it further enabled. That the faid commiffioners When they have fettled the remaining claims' 1
fxates. of the officers and foldiers of the continental line, for fervices performed prior to January, one thoufand
feven hundred and eighty-two, (hall ilTue to th« refpeftive claimants two indented certificates, one of \
which (hall be a certificate for the fourth part of the fam that appears to be due to him, and (hall be de-
clared by its tenor to entitle the party of his affignee to prompt payment ; the other (hall be a certificate ■
for three fourths of the fum due to the claimant, and (hall be in the common form.
Time to sit as ^^ ' ^"'^ ^'^ it further enactedfThit the commiffioners afoiefaid (hall fit as a board the firfl: ten days in A- '-■
aboard limited. P^il, May and June next, and no longer, and that all accounts that are not exhibited within that time ,
fhall forever after be of no efFe£l ; and the faid commiffioners are hereby required and direcfled to adver-
Kotice to be tife the time and place aforefaid in each of the di(tri£ls witiiin this (late, as foon as may be after the paf- i
given. fi,jg of this aa.
To liqu dite V. Be it further enaBed by the authority aforefaid, That the commiffioners appointed by this a£t, fhall be ,
enUstments. empowered to liquidate the claims of all continental foldiers raifed for the term of twelve months, i»
full, and ifTue certificates in the fame manner as for the officers and foldiers who ferved to the end of the j
war.
Wh n and ^I. j^nd be it enacted by the authority aforefaid. That the late diftrid auditors refpeftively, are hereby |
where auditors empowered to meet at or near their diftrift court houfes, at any time after the firft day of April next, to ,♦
meet receive and fettle all fuch claims not heretofore allowed as the late diftrid auditors were by law empow- ^^
J°i^"*'^*" ered to fettle, and to give certificates for fuch fums as they may allow. T^ • ' j '
Auditors for ^11. Provided neverthelefs, and be it further enacted by the authority aforefaid. That David Vance, Ed- \
Morgan. Ward Hunter and RuTel Jones, be and they are hereby appointed auditors in the room and (lead of thofe ' '
heretofore appointed for the diftria of Morgan ; and that the faid David Vance, Edward Hunter and \
Ruflel Jones, fhall take the oath heretofore prefcribed for diaria auditors previous to their fetUuig claims. 3
VlII. Anibe it farther ena3ed by the authority aforefaid. That the faid auditors and their,clerlcs ihall be 17*?5. 399
Entitled to the fame'" pay as the late auditors, provided their time of fe^vice {haU not exceed ten days in ^^-vO
any one diftrift. . . , . * ' A!io\va.;ce,
- IX. And be it further enaSied by the authority aforefaid, That the public treafurer (hall be and is hereby ^'^
authorifed to difcharge and pay ofF all fiich certificates as (hall be iflued by the co.-nmiffioners aforefaid Trsasuret'sdi-
for prompt- paymeiit, as well as thofe that hitherto have been iflued, commonly called due-bills, for virhich '*^^'^''"* *"^
fervice h« fliall receive a commiflion of one half per centum and no more. Co . ' v.
X. And he it further enacted., That the faid cOmmiffioners fliall lodge their check-book in the hands of erj to lod^e
the treafurer, as foort as the tinie' fhall have elapfed in which they are allowed to fettle accounts. *heir check
book with the
treasurer.
An aSljor the relief of the officers, foldiers and feameii, who have been difcCiled in ihejervia of the chap- 14?
, , United Sates during the late zvar. Ko/. 2 139 154.
WHEREAS it hath been recommended by the United States in congrefs aflembled, that utiiforrh
. provifion be made in the feveral ftates for officers, foldiers and feamen who have been difabled
in the fervice of the United States ; . , , , . ,
I. Be it ena^ed by the General AJfembly of the Jiate of North-Carolina^ and it is hereby enaBed bs the atitho- A list of ih«
rity ofihe/amey That, a compleat lift fhall be made out by the comptroller of this ftate of all the officer?, '"valds to be
foldiers or fearhen refident in this ftate, who have ferved in thfe army or navy of the United States, or iij ' ^^'
the militia in the fervice of the United States, and have been difabled in fuch fervice fo as to be incapable
of military duty, or of obtaining a livelihood by labour. In this lift fhall be exprefied the former pay,
the ag6 and difability of each invalid, alfo the regiment^ corps or {hip to which he belonged ; and a co-
py of the fame fhall be tranfmitted to the office of the fecretary at war, within one year after the fitting of
this prefent aflembly, and a like lift of the invalids refidenf in this ftate ffiall from year to year be tranf-
initted to the office. of the fecretary at War.
JI. Be It further endSed^ That no officer, foldier or feaman fliall be confidered as an invalid, or entitled Certificates to
to pay, unlefs he can produce a certificate from the commanding officer or furgeon of the regiment, (hip, "^^ produced.
corps or company in which he ferved, or from a phyfician or furgeon of a military hofpital, or other
good and and fuffieient teftimony, fetting forth his difability, and that he was thus difabled while in the
fervice of the United States.
III. And be itjurther ehacled by the ttuthorliy aforefaid^ That all the commiffioned officers £)f the afore- Pensialis;
faid defcriptipri, difabled in the fervice of the United States, fo as to be wholly incapable of military du-
ty or of obtaining a livelihood, be allowed a yearly penfion, which fliall correfporid with the degree of their
difability compared with that of an officer wholly difabled ; that all non-coraraiffioned officers and pri-
vates within the aforefaid defcription, difabled in the fervice of the United States, fo as to be wholly in-
capable of military or garrifon duty, or of obtaining a livelihood by labour, be allowed a fum not exceod-
ing five dollars per month j and all non-commiffioned officers and privates as aforefaid, who fliall not
have been diiabled in fo great a degree, be allowed fuch fum as fhall correfpond with the degree of their
difability compared with that of a non-commiffioned oificer or private wholly difabled. Provided ahvays^ Proviso.
That no officer who has accepted his commutation for half-pay fliall be entered on the lift of invalids, un-
lefs he fliall have firft returried his commutation.
IV. And be it further endSted^ That William M'Clure, Jofeph Leech and Andrew Blanchard, in the Commissioners
diftridl of Newbern ; Samuel Dickinfon, Jofeph Blount and Lott Brewfter, in the diftridl: of Edenton ;
James Gickie, John Fergus and James Read, in the diftrid: of Wilmington j Goodorum Davis, Nicho-
las Long and Charles Pafteur, in the diftriift of Halifax ; William Courtney, John Taylor and John Ef-
tis, in the diftrict of Hillfljorough ; Anthony Mewnian, Edward Yarborough and Lewis Beard, jun. irt
the diftria of Salifl>ury ; Jofeph Dabfon, David Vance and Charles M'D:>.vdll, in the diftria of Mor-
gan : Lardner Clark, Eufebius Buftinal and f. MoHoy, in the diftritl ol Waflilngton, be and they are '
hereby appointed commiffioners for examining into the claims of all officers, foldiers and feamen refident
in their iefpe£live diftri£ts, who have ferved io the army or navy of the United States, or in the" militia
in the fervice of the United States, and have been difabled in faid fervice fo as to be incapable of military Their duty,
duty or of obtaining a livelihood by labour, and to report whether the perfon producing a certificate as
before required fetting forth that he is an invalid be fuch in iz€ty and if fuch to what pay he is entitled j^
whereupon the commiffioners aforefaid fliall give to the invalid a certificate, fpecifying to what pay he is
:€iuitled, and ftiaU tranfmit a copy of each certificate to the comptroller afotefaid, whofe duty it ihaii be
400 178.5.
To take an
t>ath.
Oatli to be ta-
ken by i'Rvalids
Copy to be
sent to the
comptroller.
Instrudlions to
the comptrol-
kr, and treasu-
rer.
to receive aticl record Ae fame ; and the commiflionars In each certificate (hall exprefs the age and difa»
bility of the invalid, alfo the regiment, corps or (hip to which he belonged ; and the faid commiflioner^,
before entering on the duties of their appointment, fhall take an oath before fome juftice of the peace for
the faithful difcharge of the fame.
V. And be it further enacted hy the authority aforefaii^ That every invalid (hall antiually apply himfelJF tQ
fome magiftrate of the county in which he lefides, and take the following path, viz.
« A B. came before me, one of the juftices for the tounty of in the ffate of North-Card*
Jt^^ 9 *' lina, and made oath that he was examined by the commiflTioners for the diftridi of
** appointed by the ftate for that purpofe, and obtained a cerl'.ficate fetting fortli that he fetved in
** , that he was difabled by , and that he now lives in the county of ?
VI. Andht it further enactedy That a copy of each affidavit, drawn according to the above form, an^
dated, and attefted by a magiftrate, be fent by the faid magiftrate to the comptroller aforefaid, and that
a counterpart of the fame be given to the perfon taking it to be exhibited to the treafurer of the ftate.
VII. And be it further enactedy That the comptroller (hall annually tranfmit to the treafurer an aCcoun^
of the perfons vi^hom he has regiftered as invalids according to this a£i, and who have been eertified to him
to be living within the ftate on that year, and the fums to which they are refpeftively entitled, Snd th^
treafurer is hereby authorifed and required to difcharge their annual penfions accotdingly.
w
instruiflions.
Governor to
grant a war-
tant.
CHAP. 15. Ah aB for recovering part of the artillery belonging ta this Jiate,
HEREAS it is reprefented that a confiderable number of heavy cannon, belonging to this ftate,
were thrown into a river near Edenton during the late war left they fhpuld fall intp the hands of
the enemy, and that »t is probable the fame may be recovered :
Commissioners |. Be it enaSed by the General Affembly of the fate of North-Qsmlinat That Jofeph Blount, Jofiah Collinii
and "William Bennett, be and they are hereby appointed commiffioners for recovering the aforefaid can-
non ; and they are authorifed to contract with any perfon or perfons |^or raifing the whole of the faid
cannon, or fo many of them as (hall be found, and depofiting the fame in a fafe and proper place ; for
which fervice they may allow a reafonable fum, not exceedmg twelve pounds for r&ifing and fecurmg each
piece of cannon.
il. And be it enabled by the authority afore/ad, That as foon as the cannon are raif^d and fecured, and the I
commiffioners (hall have reported the fame to his excellency the governor, he fliall give them a draft on th^ i
Colle£lor for port Roanoke, for the amount of the fervices performed according to contra£t ; which draught ||
fhall be allowed the eolle^tor in the fettlement of his aceot^t. j
CHAP. 16. 4n aa empowering the commiffioners appoint d to fettle the accounts between the United States and the fate ft
North-Carolina, or the creditors of the United States ivifA the faid fate to cal( tvi-neffis aid examine them up-
on oath or affirntatjon touching fuch accounts. i /• t •/!
WHEREAS it hath been recommended by the congrefs of the United States to the fev^ral legiflaturp
of the refpeaive ftates, to empower by law their eommiffioner for fettling accounts, to call wif*
nelTes and examine them upon oath or affirmation touching aU accounts and claims againft the United States
arid whereas James Hindman, Efquire, hath been appointed cOtamiflroneT frgm con^rgfa t© tlw ftate o^i
North-Carolina, for the purpofes aforefaid : ^^ , ^ ,. , .. • i i a j i .r
I. Be it therefore enaBed by the General AJfrnbly of the fate of North- Carolina, and ft ts hereby enaSed by th*
authority of the fame, "Yhit from and after the paffing of thi« aa, the faid James Hindman, Efquire, or hi|
fucceflbr in office, ftiall have fuM power to call before him, by fummons under his hand and feal direaed
to any flietiff, coroner or conftable, any perfon or perfons whcfe teltimony may be deemed neceilary on the
admiffion or eftabliffiment of fuch claims as may be exhibited before him, and to examme them upon oatl^
or affirmation ; which oaih ox affirmation the fnid commiffionet is hereby authorifed to admimtter. Fr^
vlded neverthelc.s, where the perfon or perfons whofe teftif^iony may be required, live dillant from the re*
f.dence of the faid commiiTioner, then it fhall and may be bwful for the faid commiffioner to exhibit m
writing fuch interrogatories as may be neceflary, which interrogatories may be anfwered tp upon oath betore
the commiffioner for taking affidavits in caufes in law and equity fo» the county wherem fuch perlon or
perfons as aforefaid dwell. j t i, r ' J
II. And he it further ena^fed hy th atOhority ajore/aidylhzt if any perfon or perfons fummoned by the laia
commiffioner, fhall fail to appear or anfwer as aforefaid as the cafe may be, the party aggrieved b^ realpft
Commissioner
may summon'
witnesses.
of fuch default (hall be entitbd to his recovery at law, by aftlon on the cafe, for fuch damages as It may 1785, 401
appear has been fuffiered by tuch r'efault. U^vO
III, And be it farther enaSfed s>y the authority cfoi'tfaxdy That if any perfon or perfons (hall before the faid Witnesses
commiffioner fwear or affirm fallely, and be thereo f lawfully convid'ted, he, fiie or they ihaii fufFer as in ["^^'Jeel^e/guff.
cai'espf wilful and corrupt perjury, ty of perjury.
An aSi to amettd en aB fcr ttyokitig provifwn forihf poor, CHAA 17.
WHEREAS it appears to this general affembly, that in fome counties within this ftate the fherifFs Ante p. 232.
hdve neglecled to hold eledions for the county wardens, whereby many of the poor P^P^e *^^^^^J^ l^^**
of this ftate whp are proper objeds of charity, are fuft arjng for want of necefiary fupplies for their lup-
port :
I. Beit therefore ennSfed by the General AJfemhly and it ii hereby enaBe.^ by the authsriiy thereof^ That in all Wardens to be
i"uch counties as have not ele<^ed wardens according to law, the fheriff fhall within two months after the <=''°*<="» &«=*
paffing of this a£t, furamons the inhabitants to eleft and ciiufe feven good and fufficient freeholders to a£t
as wardens of the poor ; and (uch wardens fo elefted, (hall within twenty days meet at the court-houfe and
, qualify, after which they Ihall be under the fame rules, regulations and reftridiions as thpfe w^^o have here-
tofore ^u^lified according to lavv.
; ^ aB to empower the ivardem of the poor t^ call to account all former fiiriffs ^ clerks of county courts^ and ether CHAP. 19.
i)eifons who have not acxeunted for taxes cndfir.es bv thtm receii)ed»%iihi.ib are appropriated to or intended i or '^"tep 233.
1 r ^1 ' ' I r I .• -z.- jL- a ^ i^ r j and afls there
thefupfort o tbepcgr tti the Jcveral ccuntis v-'iihtn tktsjtate. referred to,
"^^ / HERE AS in maixy of the counties within this flate there are arrears yet due from the fherifFs,
\'^ clerkb of county courts, and other perfons who coUefted the parifti taxes under the former govern-
ment, and received fines which were intended for the fupport of the poor, and have not accounted for the
iame with t he wardens of the poor in their refpe£l:ive counties ;
I, Be it enacted by the General -affembly of the Bate of North-Carolina, and it is hereby enacted by the authori- Wardens t»
ty of the fame. That from and after the ratification of this aft, the wardens of the poor in each refpeftive ^/fg^^'®* **
county within this ftate are hereby authorifed and required at ti.eir firft meeting, or any other time after
: the puffing of this act, to cite each perfon being in arrears as aforefaid, or his or their fecurities, executors
t, pT adminiftrators, to appear on acertainday at the place where the faid wardens ufually meet for the tranf,
') afilingtfcj bufinefs enjomed them by their office i whiph citation fliall be exv^cjited at jeaft ten days before
. the faid meeting : .
II. And be it further enaBedbythe authority aforefaid, That if any perfon or perfens as before mentioned Liable to prai
ihal' alter be ng-thus cited refute or negleft to appear agreeable to fuch citation, and fettle his or their ac-*""^'°°'
counts, and pay into the hands of the county wardens all fuch inonies as ftiall by any means appear to be
due for the purpofe before mentioned, then and in fuch cafe the county wardens of tK? county wherein
, fuch delinquent debtor or debtors refide, are hereby required to commence a fuit or fuits sgainft fuch debt-
or or debtois, his or their fecurities, and executors or adminiftrators for the fame, before any jurifdidion
having cognizance thereof, to be recoyered with cofts in the fame manner by which other «J-ebts are reco-
. .veiabie, - .
An act for the relitf of the rvidozvs or children of officers who have died in the ftr vice of the United CHAP. 28.
■ -^ States. . ^"^-2.91.
'HERE AS it was refohred by the United States in congrefs aflembled, on the twenty-fourth of Au-
puft, one thoufand feven hundred and eighty, « That the refolution of the fifteenth day of May, •
" one thoufand feven hundred and feventy-eight, granting half-pay for feven years to the officers of the
« army who ft-.ould continue in fervice to the end of the war, be extended to the vidows of thofe officers
" who have died or (hall hereafter die in the fervice, to commence from the time of fuch officer's death
«« and continue for the term of feven years, or if there be no widow, or in cafe of her death or intermarri-
«« age, the faid half-pay be given to the orphan children of the officers dying as aforefaid if he fhall have
«* left any ; and that it be recommended to the legiflatures of the refpeftive ftates to which fuch officers
♦« belong, to make provifion for paying the fame on the account of the United States." And whereas iut>
Vol. i. 5K
402 1785.
Warrant on
trcasuty.
Fraviso.
Resurii^icns.
Ante p. 295.
tice and humanity require that the utmoft attention txf partd to thejFiamUiespf thofe patriot \*ho have died
in the fervice and defence of their country : . . ... . .
I. Be it €na3ed by the General AJfembly of the Jtate of Norih-Carotinat and it is hereby etidEted by the a»iho-i
rity of the fame. That the widows, or v/here there 'are no widows, the children of fuch continental. of-
ficers belonging to the line of this ftate aS haVe died while they were in the fervice of the United States,
(hall be, and they are hereby declared to be entitle/i to receive from the trealury of this ftate, per accoun?
of the United Stat?s, annually and every year, for the term of feven years, a fum equal to the half of th<
pay to which fuch officers re fpeclively M'ere entitled at the time of their death.
II. And be it further enaBedy That the governor of the Hate for time being (hall on the firft day of Jam
ary every yer^r for the term of feven years, beginr/ing ori the firu day of Jana:iryy one thoufjud feven hui.
dred and eighty-fix, iflue a draught on the treafu'iy in favour of the? widows of the feveral cotuinental offi-
cers belonging to the line of this ftate who died in the fervice of the United States, or in cafe tliere is no
widow, to the children or the guardian or legal rtprefentative of the children of fuch dfiicers refpe6\ively,
for a fum of money equal to half of the pay to which fuch officers were entitled by the year, according to
the commiffion they held in the army at the time of their death. Provided aeverthe/efs, That no draught
ftiall iflue in favour of any widow or child of any deceased officer, until a certihcate? is produced, duly
attefted before fome juftice of the peace, that fuch perfon is living and is the widow or child of the officer
under whom they cbim.
III. And be it further ent'^ed. That no perfbn who is entitled to the benefits of this a^l,- rtof^df another
afl: paflTed at the prefent feffion cf the general affembly, entitled «« An zSt fot the relief of w^dunded and
difabled officers, foldiers and feamen, &c." fhall have any claims on the ftate under a former 2iSti entitled
«' An a£l for the relief of fuch perfons as have been difabled by vvdunds, or rendered incapable of procur-
ing for thenfelves and families fubfiftence, in the militia fervice of this ftate, and providing for the widows
and orphans of fuch as have died," or of an a<Sl to amend faid a£t.
Division I'.Tie.
CHAP. 24.
CHAP. 23. jin aci for the dividing the county of Guitford \
WHEREAS the extent of the county of Guilford and different water-courfes in the fame, render it
inconvenient and trouhlefome to many of the inhabitants thereof to attend the courts and general
eledtions, and other public meetings appointed therein : . j
I. BE it enaBedbythe Geneal AJfembly ofthejlate of North-Carolina, and it is hereby enaSted ^ the ailihd- •
rity of the fame. That from and after thepaffing of this aft the faid county of Guilford be divided by an
eaft and weft line, beginning at Haw-river bridge, near^ James Martin's ; and that all that part of the late ^
county of Guilford which lies to the fouth of the faid line, ihall continue and remain a diftindt county by;
the name of Guilford ; and all that other part of the faid connty of Guilford which liesJ north of the fatd ;
dividing line, (hall thenceforth be erefted into a new and diftinft county by the name of Rockingham.
[The remaindtr unmcejfary to be inferted ]
An aB to prevent perfons frotn /lopping or obflruBing ways leading to houfis of public ivorjhip.
WHEREAS it may happen that perfons may be poflefled of lands in fuch manner as to enable them
to ftop and obftruft the ufual ways leading to houfes of religious public worffiip :
•Sing ways ^' ^" '' enaBed by the General AJfembly of the liatr of North-Carolina, and it is hereby enacted by the authority
of the fame. That any perfon who (hall under pretence of owning the land or lands adjoining or furround-
ing any church, meetmg-houfe, or other houfe or houfes of religious public worftiip, ftop or obftrutl:, oi
caufe the fame to be done, the ufual way or ways leading to or from any of the aforefaid places of public ;
worfhip, or fprings or wells thereby ufed, (hall forfeit and pay the fum of five pounds f6r every fuch o(rence 1
to be recovered by an aftion of debt in any court of record in this ftate •, one half to go to the perfon fu- |
mg for the fame, the other half to be applied to the maintenance of the poor of fuch county, any law or i
cuftotn to the contrary notwithftanding. Provided always. That nothing herein (hall fubjeft any perfon f
to the penalty aforefaid, who (hall furround any fpring or well with a fence, if fuch fence (hall not abfo- I
lutely render a paflage to fuch fpring or well imprafticable. And provided alfo. That no fui rounding any
piece ot land, through which any of the aforefaid ways (hall lead, with a fence, fliall fubjeft any perfon \
to the laid penalty, if a palTage fhall be left to the church, meeting-houfe or place of religious public wor- \
Ih.p ot the (ame width at leatt that fuch way was ufually of And provided also, That this ad (hall not h** 1]
in force until the firft day of April next. / r >
Proviso,
PrOTitoss.
An aEl to amend ari aB to enibotaer the countv courtt f>f hlmt ^«-t ^,,^^4.^ r ik r .1 r-
tus rn t^sjtate to order U^^^ out p:^^'Z^!Z iT^^'^i^, tS/ w'//:;- ^l!^,^^^
. pomtwhere bnd^es Jhall he bmlt. and to clear inland rivers and creeks ^' '-""'^
^ .0 t^e juftices of tnc county courts where any inland rivpr or ftrcam of wat^r wLi\ n 1 u 1 ' ''' ^'^°-
Of thectmnty whefeofthey are juft^s, (hall have all th^ nnLL! 1 .u • ^ \ l''^^' ^^ '^^ '"^« Pow.^ofju«i.
title whereof is above recited, fir the V A ertheil meEn, '"/ T°'P ^"f ^ *^^ ^'^ ^^> '^' "^ '"^"'^'^•
any county iWough which an inland r^er or lul^':,';^" ^^";;^'^^^''' *° the juftices of the county court of
II. Andbelt further enacied by the authority aforefaiai -^i^\ . „. r ■\ r^ ^..
lively, where any fuch u.Und river or ftream (liould run t^i^i'^jl"**'"^ °^ ^^^^'^ o[the faid courts refpec- -po remove ob-
whereof they are juftices, (hall have full powers and authority, wa>!. '^°""J7» ^V^^ ^ ^'"^ of the county struftions.
expedient to them, to direft the commiffioners by them appointed in vifii^"^| ^.^^l appear neceflary and
the title whereof is above recited, to purchafe or hire a flat, with a wmdlafs, aWi®,^"' ^"^ the laid a(ft
ceiTary to remove loofe rocics and other things which may by fuch means be more eafily^^P^'^tenaMces ne-
low the fame flat, windlafs and appurtenances to be paid for out of the county tax. Provided^A'. ^"'^ ^f-
That nothing in this adt contained fliall afFedV private property. '-"fe/'s^
■^n aBjorjecuring literary property. CHAP. 26.
WHEREAS nothing is more ftridlly a man's own than the fruit of his ftudy, and it is proper that
men fhould be encouraged to purfue ufeful knowledge by the hope of reward ; and as the fec.uri-
ty of literary property muft greatly tend to encourage genius, to promote ufeful difcoveries and to tiie
general extenfion of arts and commerce :
I. Be it enaBfd by the General AJfembly ofthejiate of North-Carolina, and it if hereby enacted by the authori~ Author's pri-
i'y ofthefame^ That the author of arty book, map or chart, not hitherto printed, who is a citizen of the '""^'S«-
United States^ and his heirs or aflignsj ftiall have the fole liberty of printing, publiihing and vending the
fame within this ftate for the term of fourteen years, to commence on the day of its publication ; and if . " '"'''""*="
any perfon or perfons within the faid term of fourteen years, (hall prefume to print, reprint or publifh any
fuch book, map or chart within this ftate, or fhall import any copy or copies of the fame, which have
been reprinted beyond the limits of the ftate, and fhall knowingly publilh, diftribute or vend the fame
without the confent of the author or proprietor, in Avriting, figned in the prefence of two credible wit-
nefles, fuch oflPenderor offenders fliaU forfeit to the proprietor all the books, maps or charts thus printed,
reprintedj imported, publiftied or offered for fale, together with double the value of the articles fo im-
ported ; one moiety of which money fhall go to the ftate, the other moiety to him who ftiall fue for the
fame fame for the benefit of the.party injured, in any court of record within this ftate, Pravided never- P'oviso,
thelefs) That no author or proprietor of any fuch new book, map or chart, ftiall be entitled to the benefit
of this adtj unlefs he fhall befote publication duly enter his name as author or proprietor, together with
the title of the book, map or chart to be publiftied in the office of the fecretary of the ftate, wl-> is hereby
direfted to enter the fame on record -, nor unlefs he ftiall before publication have delivered to the fecreta-
ry of the ftate one copy of fuch book, map or chart, for the ufe of the executive of the ftate ; of which
entry and for which copy the fecretary is hereby required to give him a certificate and receipt.
II. And be it further enacted^ If the author or publiflier of any book as aforefaid, fhall fet an unreafon- Judges to set-
ab'o price on the fame, regard being had to the probable labourj expence and rifle of fuch author or pub- ^^ *^« P"<=^»
lifher, the judges of the fupreme court, on complaint thereof made in writing by two or more perfons,
are hereby authorifed and empowered to fummqns fuch author or publiflier to appear before next fupreme
courtj to be holden in that County or diftri£l where fuch author or publiflier ufually refides ; and faid
court fhall enquire into the juftice of the complaint, and if the fame on full examination ftiall appear to
be well founded, they ftiall corre£l: or fettle the price ; and if faid author or publiflier after fuch price is Pen»Uy.
fixed by the court, fhall fell any book at a higher rate, he fliall for every offence forfeit twenty Spanifli
milled dollars, one moiety to the ftate and the other moiety to the perfon who flKall fue for the fame.
III. And be it further enactidy That every author wh6 is a citizen in any of the United States, and whofe What authors
work ftiall originally be publiftied in any of the United States where laws fimilar to this are or may be '^ j"'^^" '4*'bt
paffed for the fecuricy of literary property, or his afligns, being alfo citizens of the United States, fhall nefit of thia
be entitled to the benefit of this aft and none others. Provided always. That nothmg contained in this ai^.
a<5t ftiall be conftrued to prevent any perfon from reprinting any book, map or chart that has been pub-.
+04 1785.
Proviso.
CHAP. 27.
Jo:. 2, 43, 127,
Printer's duty •
K'Jir.her of •'(•
Vi'here deliver-
ed.
Security;
CHAP. 33.
§9 years to
*ave lots.
CHAP. 36.
thors or publifhers '
morals of fociety.
WHEREAS general complaints have been made otth-^^^^^^ l V J v
or diftributing the laws of this ftate : ^"^l^^^/'isforth-Carolina, and it is hr.dy enaaed by the au.
I. Be it enaaed By the General Afetnbly oj: tf^^^^^^ printer for this ftate, w**^ »Tiall be chofen by the joint
thority of the /ami. That it {hall be the^^ p^^j^j ^j^^ j^^^,g ^^^ journals of the general affembiy, the govern-
ballot of the two houfes of afffi^ ^f the executive officers as the general aflembly may order to be printed
or's proclamations, fuc^'Jj fuch bills as they may ord^r to be printed for confideration, and to print the
for public inforttj^^-s ^^\\ p^fg during ejch feflion, one copy for each member, and the certificate for the
tides otJi''j)'f the members.
a^ii".' And be it further enaSedy That onethoufand one hundred and fix copies of the laws fhali be printed
on a good type, one hundred and fixty-two copies of the journals of each houfe of afTembly, and one hun-
dred and fixty-two copies of the feveral proclamations, accounts of bills ordered to be publifhed ; and
that the whole of the laws and journals be printed on paper of the fame fize.
III. And be it further enacted^ That the public printer fhall with all convenient difpatch, caufe the laws
and journals to be delivered at the office of the clerk of the fupreme court in the diftrids of Edeuton,
Newbern, Wilmington, Halifax, HIllfDorough, Salilbury and Morgan, in the following manner, vi?;.
He (hall deliver at Edenton, for the feveral counties in that dillrid, one hundred and feventy-fix copies
of the laws, and twenty-eight copies of the journals ; at Newbern, for the counties in that diftri£l, one
hundred and eighty copies of the laws, and twenty-eight copies of the journals ; at Halifax, for the fe-
veral counties in that diftrift, one hundred and thirty copies of the laws, and twenty-two copies of the
journals ; at Wilmington, for the c'>unties in that diftrift, one hundred and fixty copies of the laws, and
rv/enty.five copies of the journals ; at Hillfborough, for the counties in that diftri£l, one hundred and
fifty copies of the laws, and nineteen copies of the journals ; at Salilbury for the counties in that diflrici,
one hundred and eighty copies of the laws, and twenty-five copies of the journals ; and he (hall deliver
to the clerk of the diftrift court for the diflrift of Morgan, one hundred and thirty copies of the laws,
and fifteen copies of the journals, for the feveral counties in that diftrict and in the diftrift of Wafhing-
ton.
IV. Other provifton made 1 786, 8.
V. And be it juriher enaBed, That the public printer (hall give a bond with fufficient fccurity to the
governor for the time being, condhioned for payment of double the fum that may be advanced him if he
does not ^ell aiid truly perform the duties of his office.
/In aB io alhip a further time for faving lots in the ft%-eral toivns ivithin this ^flte.
'X'VTHEREAS the time allowed by hw for faving lots in the feveral towns of this ftate, will expire
Vy on the fecond day of June next ;
I. Be it therefore maBed by the General Ajfemhly of the Rrttstf Ncrfb-Csftlin^, and it is hereby enac'td by
the authority of the fame, Th^t a term of ninety-nine years from arid itfter the jy-ifling of tl-is a^ be given
to all perfons who bold lots in any of the towns withi- this ftate, for the compieatihg their buildings,
agreeable to the refpefiive a(f\s of affembiy in thofe cafes ravi^^ and provided^ any law to the contrary
notwiihftanding.
An act for arniexir.g part of'h? county cfP'tf to Beaufort co?m'v.
"T*^ THERE AS many of the inhabitants of the county of Pitt have jpetitipnpd to be annexed to the
V V county of Beaufort :
Division line. !• Be it therefore enacted by the Generaf Affembiy of the (late of Ucirth- Ccrdina, and tt is hereby enacted by the
authority of the same. That from and after the pafTing of this aft, all that part of the county of Pitt
inckided in the following bounds, beginning at Craven county line where it crofies Creeping-fwamp, and
running with Creeping-fwamp and Checcd-fwamp to the mouth of Round-Ifland branch, then a diredt
.jCPJirfetp tlifi mwfTi pfPHch-Hole;bran<;lit, then with jthe fv^ainp^o Beqr creek, then down Bear creek 1785. ,40,f
pto Xar, river, then down the river, on the north fide to the mouth of 1!r^nter's,<;reeJc, then ,up faid creek t>-wj
to M irtin county line, ;then. with Martin, :Beaufortand.Cra>'eniines,,to,the beginning, he i ami tli^: fame '''
''iis hereby annexed to and fliaU be and Temain a part of the couiity of Beaufort : Provided always^ noth-
..ingin this .adi (hail he iiinderftood to prevent the fHeriff\of ,the.CQuncy of ?itt From cplleaing aU public
^taxes now xlue in that, p^rt^f.faid county .which .cpra.es wuhin the d^icrintt
ll.'\Unneceffary'to be it^rted'^ •'
•')^4t oB^to-empnaer the^freebefdtrs.^nd^freimm '^ ^e coutiiiet if W'<^ingttni'Suilivati attd GrHtH^f 9 return CHAP. 48,
their^reprefentativ^s other^uife than is hitherto direSed. ^
HERE4.S itis regrefented to .the^.general aiferably that many of -the JRhabi^ntsof '"Wafhingtonr
Greene and SaUivan, counties liave .withdrawn their Allegiafloe-irom ithis (tate, siid-have been
sefecling a feparate temporary g;overpment among themfelyes in confequence of a general report and be-
;|ief that the ftateb^ingiipatteiuive to their welfarevhadceslfed to regai'd them as, citizens, and. had mada
^n abfolute ceilion both to. the foil and.jurifdiflion.Qf the country ,in ^which they refide :ta,,the United
*3tates in Gongrefs : And whereas X(ieh report was ilUfpuud«d4 and it was and continues to t^.the de-
!fire of the general aflembly of this;ftate . to. extend the. benefits of civil government to the citizens inhabi-
ffcants of tbe.w^ftern <?o>inties, OBtil.foch tiflne ,as.th«y might be feparated.with advantage aiuliCpnYenience
,to therafelves ; and as the aflembly. areready to pafs 0!ifer and confign topbllvLon the mHlakes or oiifcon-
i^u£i of fuCh perfons in the above mentioned counties as'-have withdrawn themfelves- from' the go^'ernment
j$>f this ftatie to hear .aod.redrefs jtjxeir ^gnewances if any.they li3V.e,.ai>d tcaifordthem the^protefition, an4
^benefits of government until fu«h t-imreas-they may be in ,a ^condition from i their tnumberSiand wealth
jto be formed into a feparate CQtmmonwealth, aijd J^.e -.received by the .United States in c<^refs as >nieav<
(fe?rs.of this IJnipjn : '
I. Be it th£reff.rj tnaBad.hyth&GemraIu1dfemh^y^fihe ffate of North-CareUHaj:,a))id his.hei^^y, inqfd^ by the Arane^.'
fiuthorify aforelqidy IThat all-matters , and things-done and fjKinfaft^d'by the inhabitants of 'the counties a-
{forei"aid, .in fettirig .|4p. qr .endeavpu]fjpg fo (et up an independent ^government ^aijd carrying on the fame,
^te^hereby pardoued and. pwi; *n.!totai,95livi<M), jgxoyiAf^J^p^,xstxffa.^Q ^h«ir,aUefiia»ce,tP;,tiHS ftate.
■. )!. Hadils effect, ' ■ ^
An a'B to tjldblTJIi afuperier court (fHkiw and equity in the cOUviy df^avidfon. chap. 47,'
Davidson ceded to the U. States, 1789. §t
^mJE. ^'ild^r^. E S OF THE P R I V A T E AC T S;
f6 AiLaddUional afl to amend the several afls for regulating the -ton to convejr part erf' the town commons to the trustees
town of Wilmington, and to regulate and restrain the con- of Smith's academy.
dui5 off laves and others in the said town, and m the towns ^32 An aft for establishing an academy at Kinston, in the coun-
l (f VVash'ingtor, Edentoaand Fajetteviile. ty of Dobbs, and to amend theaft estabjishing the acade-
jj|8 An afl to empower vhecouiity ward.ns of ihi poor for the my in the distria of Salisbury.
|> counties tnerein mentioned, to burtd houses in their re- 34 Aji aiR to amend the afts passed for purchasing a lot or lot!
[ spca ve counties ! or the recep.ion of the poor, and other in the town of Wilmington, for the purpose of building
" purjjoses ' .a goal for the distrift of Wilmington, and for the repair-
ISO An 3(51 for the tietisr regulation of the town of Tarborough. ing the court house of said distri<a'.
^21 A n iia tw the more speedy determming disputes that have 9? An a^ toempower certain persons therein named to receive,
arihcii, or hereatier ir.ay atjse in the counties of Rowan, xue for and recover all such bequests, donations, benefac-
, J^tcklenbtrg, Rutherford. Guilford, Li ;coln anrl Rock- tions and other tilings as have heretofore been bequeath-
jfigham, fromereSing mi.ll dams, and to prevent persons ed, given or made by any person or persons whatsoever,
iron' building mUls as herein described, for the use of theeongregation or society of the Presby-
An aft for c'estroyirg wo ves, wild-cats, panthers, bears, terian communion at Wilmington,
f - crows a«d squirrels in the several covniies therein menti- 37 An aS to empower Rr berson Mumford and James Potterfield
f^ oned. to I'eceive storage of tobacco inspeAed and deposited in
89 An aa for the promotion of learning in the county of David- ^uch warehouse or warehouses as they shall build at Fa-
son, yetteville.
SO An a<a to e reft and establish an academy in the county of 38 An aA vesting certain property lying and being in CranvUIe
Duplin. I ^ county, in Mary Alston Bell, in fee-simple.
Si An aato empower the cominissionersof the t9wn.o|Eden- 39 An aft to vest the estate of Richard Caswell, junior, in tru«.
Voj.. ^. 51,
tees ior the benetit of his creditors.
406 1785.
40 An afl to prevent the .ale of such of the lands of R^lph Mac-
nair. dec as remain unsold in this state, aiid lo rmp'.wer
Edward Hall, of Edgcomb county executor of the last
will and testament of the sa,d HUph, to collect the d^bu
due from the inhabitants.of this s ate to the said Ralph,
which have become due to hjm since the passuig of the
law commonly called the expulsim aft.
41 An aa for the rdi.f of Mercy Bedford, and to vest in the
heirs of Jonas and Mercy Bedford the landed estate of
the said Jonas Bedford. .... j ,>-.^e ,ii
42 An aftto restore Edward Bridgen. his heirs artd assigns, all
his property, real and personal, ni this state.
43 An aato release certain persons therem mentioned from judjj-
ments oa forfeited recognizances, and to empower the
judges to suspend judgments hereafter to be given m Uke
44 An'aTfor appointing a treasurer in the distria of Edenton,
for the purpose of calling to account the commissioners
for building a [lublic gaol in the distria aforesaid.
45 An aa to alter the place of holding the county court of Beau-
fort county from Bath to the towrn of Washington in-
said county,' and to area a new court-house, prison, pil;
lory and.stocks in the said county.
48 An aa fbr'le"yingataxin the distria of Halifax, to discharge
a balance due for repairing the court-house and jail of said
distria, , -. r L
49 An aa to alter the manner of holding eleaions for members
ot the general assembly in New- Hanover county.
50 An aa to empower the county courts of Johnston and Duphn
to levy a further tax on the inhabitants of said counties
for defraying theexpencet)f builuing the courtJiouse, pri-
son and stocks in the same. , , , , . _ ,
51 An aa to empower the justices o! Hertford and Tyrrci coun-
ties to establish free ferries in the said counties, And lay a
tax for defraying the charges of the same. . ^ . .
52 An aft for the inspeaion of tobacco m the county of David*
son, in the town of Nashville, on Cumberland river.
p- ■
1
53- A.: aa for empowering the court of Jtandofpti cdtfntytdaJ:
journ to riie place whTch ihej fhall thinkmost convtiiieh*
far holding the sliWe. J
54 An aa to prevent the distillation of spirituous liquors for the ^
time thertin mentioned in the county of Davidson.
^5 Alt aa for appointing commissioners in the County of Ruther-,
. ford for buldir.g a court bouse, piison and stocks in said;
Cf unty, and forlev>ir.g atax for defraying- the expeilce3^
thereof. . .
36 An aa for the inspeaion of tobacco in the town of • Vindsor.
6Y An aa- for the inspeaion of tobacco in certain western coun-;
ties. ■ ■ re*
53 An aa for the in'spei^n of tobacco in the county of Surry
59 Anaafor eieairg a town on the lands of Whitmi'U Hill, i
Martin county, on Roanoke river. . ■
60 An aa for establishing a town on thelanda of MialScurlcc
deceased, in Chatliam couhiy. ,
61 An aa for laying out a lown ontKe lands of- Jesse" Peaco
in the county of Sampson. , r' n '£
62 Anaafor ereaing a town on the lands of Luke Mazell ani|4
William Mackay, on the south side of Hoanokc river, i^
Martin county.
63 An aft for etearng. and' estaWishirig a town in the county
Lincoln. ■ :
64 Anaa to establish the town laid off at Guilford court- hou
by the name of Martinvillc,
65 An aa to establish a town in the fork of Cumberland
Red river on the east side of Red river, in Davidson com
ty.
66r An aa to amend an afl, to establtshthe town of Morgan, a
to direa the building a coutthottse and prison m •
same for the distria of Morgan.
67 Anaatoamend anaafor establishing a town on the lai}*
of Richard Evans, by the name of Martinborough, passed
at Newbern, 1771 ; also to amend another aft to amend
the before recked »«, passed at Newbern, in March* 1774»
Read three titncs and ratified i« the General Assembly the twenty-mnth day of December. Anno Dem. 17««.
Ale3£. Martw, s. s.
Richard DoBBs Spaicht, 8. Cjt/-
w
^^ 1786. 40?
At a (General ASSEMBLY, begun and held at FayettevHle, on the Eigh> J;^«;''°
teenth Day of November, in the Year of our Lord One Thousand Seven Es^'q^Govtr'n*.
Hundr, 1 and Eighty-six, and in the Eleventh Year of the Independenge of
' the said State r Being the First Session of this Assembly.
yin act for raiftng troops for the protection of the inhabitants of David/an county. CHAP. I .
WHEREAS the frequent a£ts of hoftility committed by the Indians on the inhabitants of Davidfon
county for a confiderable time paft, render it neceflary that forae meafures fhould be taken for
their proteftion :' , ,
I.. Be it therefore enacted hy the General Affmihly ofthefiate of North'-Carolina, and it is hereby enacted by 201 niien to be
the authority of thejamiy That two hurfdred and one men fliall be enlilled and formed into a military body, '■^'^^d f-.r 3
for the proteftion of the inhabitants of Davidfon county, in fuch manner a:id form, and under fuch regu- aay of "their
lations and rules, as are herein after mentioned ; whofe time of fervice fliall continue for two years, com- rendezvous.
mencing from the day of their firft general rendezvous at the lower end of Clinch mountain, milefs fooner
difbanded by the general aflembly, . : .
II. And be it further enaBedy -That the faid troop&y when raifed and embodied, {hall be formed into three "°w officered,
companies, each company confifting of Cxty-feven men, and officered by one captain, one lieutenant, one
enfign and four ferjeant? ; the whole to be under the immediate command of one major : The major,
captains, lieutenants and enlign; to be elefted by joint ballot of both houfes of the general aflembly, and
comjniilioned by his exceHehcy the governor for the time being : the ferjeants to be chofenand appointed
by the commiiOrioned officers, or the majority of them, being affembled for that purpofc- by the command-
ing officer. ■
III. And be it further enacted, That each captain, lieutenant and enfign to be commiffioned by virtue of Officers ap-
this a£l, fhall upon the receipt of his commiffion, without delay, repair to\fuch place as fliall be dircflfnjd P^j"^'" *"'
by his comhiandifig officer, for the purpofe of enlifting troops, and ufe his.utmoft diligience in fo doing ; '
and fliall from time to time and as often as poffible, give information to his faid commanding officer of
the prdgrefs heihall have made in that bufmefs ; and the faid commanding officer, fo fooiias he (hall dif-
tox&c that a fufficieiit number of troops have been raifed, fhall give intelligence thereof to his excellency
the Governor for the time being, who with the advice of the council of fliate, fliall give orders for the Disposition of
marching the faid troops from time to time, into the Cumberland fettlements ; and the prefent field offi- '^^ troops, &c.
6er3 of Davidfon county are hereby authorifed and required to give directions for the difpofition of the
faid troops,- into fuch proportions and at fuch places, as may be deemed moft; likely to intimidate the In-
dians, and prevent their incurfions into the Cumberland fettlements j but neyerthelefs, the commanding
, officer of the faid troops, in cafes of emergency, or when thei^ituation of aflFairs or alteration of circum-
fiances fliall make it immediately neceffary, may take fuch other meafures, and make fuch other difpofi- Commanding
tion of' the faid troops, although not direfted thereto as aforelaid, as may be deemed moft conducive ta ,i,y_ "^^
the fafety of the inhabitants aforefaid.
IV. And be it further enaBed^ That the (aid troops, when raifed and entered upon fervice, ffiall be train- Discipline.
«d and difciplin^ according to- fuch modes as the commanding officer fliall judge moft proper, to enable
them to oppofe the Indians in their mariner of fighting with fuccefs ; but fliall be fubjefl to the fameTules Roles for thei»
with refpe^ to their government, as were cftabliftied in the time of the late war by the Gongrefs of the government.
United States for the governnient of the continental army
V. And it be further ehaStedi That every able bodied man who ftiall be enlifted into the faid fervice, aiKi What each
(hall furnifli himfelf with one good rifled or fmooth bored gun fit for fervice, one good picker, fhot-bag soldier shall be
and powder-horn, twelve good flints, one pound of good powder, and two pounds of good leaden bullets ^giyg,
pr buck ihot fuitable to hi? gun, ih^b® entitled to ceceiYe from this date on the firft day of O^oberj in ^^^^
•ftftfi rl-'7\Q0. each year of his fervice, one blanket, two pair of ftoct'mgj, two pa'^r of fho^, two fhirts, two leather ftodcs,
.J.**»M&^ one good hunting-flikt, one good woollen or fur hat of a nniddle fize, qne paij^of buckfkin breeches, and
Cloathing one .waiftcQat .lined, to be provided and futniltxed by a. clothierlo be apppinte.d .by his excellency the go-
vernor for the time being ; who (hafl he furniOied in convenient time by the .commanding officer of the
f?id; tfopps, w'ith a iC^rtiBcaie fworn to before fpme three _<iir morejiUJlices of fpnaexQupty wi^in ^his (late,
with the amount of the number of troops under 1-is command entitled to draw clothes according to this a^,
* which thefaid clothier fball prefent to the governor for the-tirae beings together with-the.whole attnount of
, each articje^wanted; for the troops, and thereupon his excellency (h^l grant him ^ warrant jOo the tt€^fury
for a fum fufficient topurchafe the faid articles at a moderate, rate, ^aiid tp defray the expencepf making
them into fuits, and removing ihem to the troops.: Andihe faid clpthierihall purchafe the iaid articles,
I and canfe them to be made up into fuits, and,deliy^ed to the troops at the times aforefaid, taking a reeeipt
from each foldier, attefted by the captain of the company to which he may belong ; for all which fervices
the faid clothier fhall be allowed by the general aflembly on the fettlement of his accounts, a fum not lef%
than the amount of the yearly pay hereby appointed fojr a captain inthe faid troop^.
Provisions. 'VI. And he itJurtherefiaSledby the authority aforefaidy That the juftices pf the peaces for the. county of
Davidfon, or the major part of them, for. that purpoCe affgmbled, '(hall be and.they are hereby .authorifed
apd required from time to time, (biong »s the faid ^rppps (hall cpntinae in lervice, to impofe^tax on the
inhabitants ofDavidfon, leviable in corn, poik,beef or other fpecies of provifion for the fopport of thafaid
troops, %o be collefted at fuoh times and places, by fuch ways and means, under fuch regulations,, by £ueh
perfonS', andin fuch proportions as the faid juftices, or the major part of them, Ihall appoint .ar»d djre<^ :
And alfo the faid juftices, or ihe major part of them, ftiall be empowered to appropriate, the pioblic mo-<
^ ney tax leviable on the inhabitants aforefaid, (if needftiould- be) tp the purpofe of defraying the expence
of removing the proyifions from the. place Or places of colleSion to the ieveral ftations, of the troops ; aod
the faid juftices, or the major part of them, Yhall appoint an officer to fuperinfcnd.the coHe^Uon and re^
moval oi the provifions to ^he tropps, who fhall be entirely fubje<5l to the dire^ionsof the- comxaajodiog
officer, with refpedb to the place," time and quantity pfprovifions' to-be <ielivered, but to he acGOuptab^e
I for his receipts to, and tp be paid by the faid jitftices., or the-majority of jjiem, . out, of. the. inoney tax a-
forefaid, and to be removable iy them at pleafure. And thecollecior or colle^rs of thefev.eral fpecies
of provifion before mentioned, ftiall give receipts to thefeveral perfons ofw^om they ffiallireceive any<tf
-the before ,n;ientioned provifions, which receipts (hall be received by the coHeftors of the public. taxes. at
fuch rates as fhall be fettled by the juftices of the faid county of'Davidfoii, -or a majority .of them,and
they ftiall be proper vouchers for the faid colleftor in the Settlement of his^ ^lecaunts with the. county trea-
. furer, and alfo for the faid c'unty treafurer in the- fettlement of >his accounts with-.tjje . jxubiic treafu^er,
any law to the contrary nptwithftanding.
VII. And be it further enaSied, Th^X the officers of the' faid troops ^lalLhe allpwed-tlie ifanae,'^doathing
herein before allowed .to.4:he fpldiery, tpJje furxtkhed.bytlieelo.thi^r.pf the ifcpoops, fpr whicliixe jflxall. be
entitjed.,t6 a, warrant on the treafury. "' ■"' ' ' ■ "' t/. . - ^ ,
VIII. And be it further enacted, T^zt the officers and privates of the' faid -tr-oopsdhall I be.;allosKeA. the
fame pay^and rations (fpiritpus liquors excepted) as are allowed to the militia efficers and. privates (regajd
being had to the ranks of officers) when in the a£tual fervice of this ftatp : The paym^utg.to.<be>»iade<m
the iaft day of each year's fervice, or within fixty days after their -being d-iitAnded.
" 'IX. And be it fi/rther ena^edt Th^t the fame perfon \^<ho ftiall- be appointed clothier to ^-t he faid tri»ps,
fliall alfo aft jis pay^nafter tothehn, and fliall at a convenient diftance before eae-h- day of. payment, exhi-
bit to his. excellency the governor a lift,, figned by the comrnanditig officer, coujiter%.Jie_d.jby..thecaptaia
or comtnanding offic^T Of each company, and fworn to before fotiie juftice of the peace, jfpecilying the
puraber of troops then in fervice -entitled todraw pay, and the <layfra»nVhich each man'sfa^ commenced,
and all fuch as ffiail i^aye died in the fervice, with the. amount oi the-fiims diie at their degth, atwi .the
total lum due the troops. And the faid paymafter fliall thereupon obtain a draft on the tr.eafvry for.Awh
total film, .and fliall proceed to <he diftributioa thereof, taking areceipt from eaeLnian of the Cum.pwd
^ttefted by the captain, pf the company. •" • -
' X. And be it further enacted, 'i^h^it the captain or commanding officer of each- company ftiall .^invoathly
^ mak^ out a p-^y-rol! of his company, whichhe fliall fwear to ami 'fign, anddhe fame he countfr^gnedrjify
r- . the com,roanding offict- r of the troops, .Which fliall be tranfmitted-tothe-treafHret ©f . thi8rft8te»(ip,'4>^rf ^9
pake fettlement with the paymafter-off.t'iefiiid troops. '
;C!o3thing for
officers.
Pay and ra-
tions.
Paymasttr's
duty.
Vay rolls to be
^i'fntthe treasu
"Kl. JrJ he it further enaSfei, Tliat the faid clotMer and p^ymafter, before entering oti the exercife 17116. 409
of his OfRce, (hall give bond with f^iificient fecurity, in fuch futn as his excellency the governor for the <«*rv<j
time being (hall ditet^:, for the due application of ^l monies to he received by him according to the di- Clothi.-r and
re£l'.ons ol this a£t, and for the faithfully accounting for thefanje before each general aiTernbiy that (hall pay^a^ts"" f
happen in this Itace during the continuance of the faid trpops in fervice, and alfa before the general af- ^"^* s^cuaty.
embly that {hall happen next aftesr the detfrmiijation of ti>e f^id Service, unlei? hi^ accounts fljouid be
then fuily fettled and bi^lanced. ,
XII. And be it further enaSied, That the perfon tp be appointed cjothier and paymaft^r by virtue of Lead and pow-;
this aft, (hall provide and furnifti the faid troops frpm time to time with fuch quantities of lead and gun (i*'-
powder as ikall be reqvvii-ed by the commanding ofljcer of tlie troops^ and to that end fliaU be enabled to
draw on the IherifF of Davidfon county for ^U f^ch funxs of i^oney ^jelqngiog .to the pi^ibUc that fti^U hap-
pen to be in his hands, as fhall be neceffary for that purpofe.
Xill. And be it further enaSied, Xhat every private to h® raifed by virtue of this aci fhall be allowed Allowance of
four hundred acres of land, to beUid off and allotted in forne part pf this (l^te we^t of the Cumberlana '*tt<l-
piountain, in full fatisfaftion qf thehalf of the firfl^ypar'? pay th?(^t fliaU be duej and in the fame pro-
portion for the time that heXh^ll ferve over atid shove one y^ar, in full fatisfaftion of one half of the pay
|hat fhall be due him for fuch further fervip, .^ud alfo the commanding officer of the troops fliall be
allowed two thpufand acres of land, to be j^llotted as aforejaidi in full fatlsfadion of half the pay that
ihall be due him for ihe ivi% yearns fprvip?, ?nd in tbe fame proportion for any fervice over and above thf
ferm cf one vear tiiat he Ihall pwfqrm ; and the other officers belpnging to the faid troops, in like manr
ner ihall.receive fatisfitlion for the one half of the paythat ft)aU b^^ dije tliein, in lands in proportion to
^he quantuni of pay that each ol^er flial^ be entitled to for t;^e f^rft Ijalf year'g pay, i^henever a prqper
^oaji^l ihall be appointed for the adjufttnept of tbeij accents.
Xiy. And be it :urt.he £u.a>if4) That if auy t-yventy-f^ve .pfth^ faid troops ffiall furnifh themfelv-es, e^cb Cavaliyt
man with a goQvl hot fpsk for ierviL'e, four feet eigh4 inches hiy^h at the leaft, and not ^xcegdjng nin«
venrs.ofage, with a good faddle and bridle, and one good rifled pr fmooth bored, gun, they fjiajl be?
formed into a company of cavalry, to t■^e commanded by fuch xifficgTS asj a njajority of the comraiffione^
olFicers beionginjj to the fpd Uoopc -ilembl^d for that pui:pofe ihall diredi ijind appoint, and be allqwed
tlie fame piy ftud ratioas (fpiritous liquors excepted) as otlier .^piilitia light-liqrfe when jn aftuai fervice.
XV". ntiri be t furth r enaBed^ That the faid troops, when aflembled at the lower end of JGlinch mounr Roadt9bee»^
tain as :A,forefirii!i, f}K>!! cut and clear a ro-^d frprn thence the nearefl, moftdirefil and convenient way to
i\\f town o^ N,'.(hville, 0!i Curnberland river, making the fame tep feet wide .gt th;^ leaft, apd ^ fpi.tti^
p-'Ti.T- of \yaggoi-.s and carts. '
XVI. 4>id he it further enaBedy That ^>is excellency thje governor (hall appoint a commHTary or .eons Cnmraissary**
trnfiior, wJiofe duty \\ (liali be to furniOi the troops with the necelTiry rations on their niarch to the duty.
Cupnbfi'and fe'tjenient, and with fifteen axes for each company, and grant him a warrant on the trea-
fiiry fpr fqch a fum of money as vviil enable him to cnmp'v with the fame ; who before he enters on the
execution of hisappomtment lhi.ll enter into Hsoid with fuiTiriep'^ lecurity to the governor for the time he«?
ing, for .the. faithful accounting. foj all fuch money as he rr>av h-ive received. *
Xyil. And be further enaBed by the authority afo efaid^ Th?.t the monies arifing from the tax on the 'and» jExpencc how
lying weft of the - palachian mountai:>s, be and they are hereby appropriated to the purpo'eof difcharg- defrayed,
ing cheexpcnce of raiCng, cloathing, i;rming and fupporting the troops embodied in purfuance of this a£l.
l£'ron^ided neverthilefs^ That tlie furplus of fi^ich monies, if any, (hall be carried to the contingent fund. Reve„„g ^f
XVIII. And b( it further enaHed, That ipali r^eturns of taxable property made by the receivers of lifts western coua.
^tid clerks of courts, they (hall particularly fpecify the lands fituate weft of the Apftlacfcian mpuutains, ♦'" to be ».
that thenef prod^c^ of th,? rejfenue wi$r^ ^ei:efrpJ93i ni^ r ame ,
An an io hrivg fft cdndijrn p.vvifim'vf oa'f tofeeu' e tkeir eftatits fo as to be anfuierabh to the public, the chap. 2.
perfons ihernn dffcr'ib.^d, ecenf d ■&( Ctrt^in cnrnts arid fravdulent praEltceSs ana to indemnify Jiah
'.fy Jucb 1737,7,
I, iir.f, jn-r httiin^ a^na hqinaatmg tri' arc<'vr.f< of the ofttcers cna otams oj ">.' rnnr-n-vn' < nr.
^ 7 HERE AS di«^6 perfons bave contrived and parried on manv notorious fraudulent and indire^
. "y pradlices, juiaer divers pretences, and under the coleur of an ad pafled at Newbem, ia the
yoi« I. 5M
410 1786.
A'-te, p. asa,
393.
Court \vl\ere ,
and wti.ri to
lie iic.d.
Its powers, &c.
Jurors hsw
Justices to
meet for that
purpose.
Judge may ad-
journ prsced-
ings &K,.
Bond to be gi-
ven by those
Prosecutions
not to abate,
because the of-
fence was ni t
commated in
the distrlA,
Persons not
giving security,
to be imprisbii'
id, he.
F<ilony for de-
l.arting the
state . r break*
year 1785, .entitled, « An.atH: to empower comminloners to Hqyidat" the accounts of the ,o;Ticers ancJ
fo:di8rs of th3 continehtal Hna of this llAte, anU to revive ch?hte board of auditors for a limiwd titv,e,"
and ?.l!oof one other. aft, entitled, " '\na£l for emitting one handled thoufand pounds p.ipcr currency
for the purpofe therein expreffed," to the great detriment of the public, to the rnanifeft wrong of gn-at
numbers of the citizen? of this ftate, and contnry to the intention of the faid a£t, to the great lofsof the
ftate, in. breach of the great trufts in them repofed, ^nd with a view to their own exorbitant profit,
•have confederated and combined together in pernrcions pra£lice9, and have been guilty of the inoft dan-
gerous and infan^ous corrur-tions, to the ruin of public credit ; Now to the end of rendering ail fuch
perfons p>s aforefaid, for their many frauds, deceits and corruptions, amenable to law, and their eftate*
liable to juitice, .
• I. Be it thn-efcre ena&ed hy th'General AJftmhly of the flnte of North-Carolina^ ondit is herehy^'jaHed by tit
authority of the fnme. That the judges of law, or any of them, are hereby empowered and required to
hold a court of feiTionsof the- peace, oyer and terminer and general gaol delivery j for the trial of a 1
fuch perfons who ihall be charged with the having been concerned in the frauds afor^fitid, or any d
them ; wjiich court Ihall be held at Warrenton, in the diitrift of Halifax, on the Lift Monday in Janu-
ary, and fhnll continue to fit for the term of twenty days, Suridays excluded, uniefs the bufitiefs fliallle
fooner finiflied ; and fuih court io conftifuted, {hall have the fame powers and authorities, and the juiors'
fummoned thereunto fhail be under the fame rules, regulations ami reftrittions as if the faid court h,id
been c.iled in the town of Halifax, and Ihall be paid out of the public treafury upOn producing their cer-
tificates to the treafuret ; and the faid judges fliall have and exercife the fame powers, jurifdi£lion and au-
thority as the Judges of the fuperior court have heretofore done vifhen adtiii'g under a commiflioii of, oyer
and terminer and general gaol delivery to them duly an<i legally iflued.
II. ,-jnd be it further enacted by the authority aforefaidy That the (heriffs of the feveral counties of the
diftri£t of Halifax, do forthwith and without delay fummon jurors to attend the faid court of oyer and
terminer, that is to fay, the farne numberof jurors for the feveral counties refpeftively as by law are di-
Te£led to be fummoned to attend the fuperior 6ourt of the diftrift of Halifax, to be nominated by the juf-
tices to be fumitioned by the (heriff 6f each county within the faid diftritl, which nomination ftiall not be
by a fmaller number than five of the faid juflices in each county.
III. And be it further enacted. That the IherifFof each of the faid counties, (hall and are hereby refpefl-
irely required to fummon the faid juftices to meet for the purpofe aforefaid, on the third Tuefday of Ja-
nuary.
IV. And be it further enaBedy That the judge or judges who (half hold the faid court, may if the fame
ihould be thought proper and neceflary, adjourn all proceedings before him 0% them to the next fucceed-
ing court of the dillrift or county, as the cafe may be, where fuch offences may be cognizable ; and bind
all perfons accufed before them and not tried before the expiration of the faid term, and aH witnefles ne-
ceffary to be produced in behalf of the ftate, to appear before fuch court at the faid next meeting.
V. And be it further enaSed, That the feveral perfons charged before the faid court of oyer and ter-
miner, by prefentment or indictment, or thereat convi£ted, fhali enter into bond with good and fufHcient
fureties before the judge or judges of the faid court, in double the amount of the due-bills drawn by fuch
perfons refpeCtively out of the office of the commilFioners of army accounts, that they will not tranfport
their property out of this ftate, or leave this ftate for the fpace of twelve months and till the end of the
next feff'on of aflembly.
VI. And be it further enaSJed, That no profecution which fiiall be begun in confequence of and by vir-
tue of this aft fhall abate or he difcontinued, for or by reafon of the offences charged having been com-
mitted in any other diftrift, than that in which fuch court of oyer and terminer fhall be held.
VII. And be it further enaSied by the authority aforefaid. That any perfon or perfons failing or neglefting
to enter into recognizance as aforefaid, may be committed to any gaol ot the ftate without bail or main-
, prize, and their property fequeftered as a fecurity to the public.
VIII. And be it further enaiied by the authority aforefaid. That if any fuch perfon or perfons (hall de-
part the ftate, or having been committed to prifon ftiall efcape therefrom, he or they, together with any
perfon or perfons aiding and affifting fuch departure or e-fcape, fhall be held and deemed guilty of felony,
and his or their eftute forfeited to the ufe of the public, and ftiall fuffer death without benefit of clergy.
IX. And be it further enaaed by the authority aforefaid. That each and every of the perfons aforefaid,
fiiali oa or before the hft day of the court of oyer and termioej by this aft appointed, deliver upoa oajh
,te the judge or. juc'gas of the fai^ .court -an^ inventory. of all their eftate real an<1,perfonaI, of which they 1786. 4il
'^'ere poflefTeJ'^n the lirft day of November, in the year one thoufand feven hundrsd and eighty-five, l.*<-v»0
or at any time fince, as alfo an account cf fuch eftate as they have aliened or difpofed of fince that dav i i^ventcry of
and any perfon or perfons aforefaid failing to render the faid inventories and accounts, or fhall knovi'ing' *'j'^'*-" *^ ^^
ly make a falfe return of his or their proper':y as aforefaid, in order to conceal the fanae, he or they on .^^ "■' ^
conviftion thereof fhall b^ held and deemed gailty of felony, and his or their eftate forfeited to the ufe of complying,
the'pub'ic.
%. And be it further enaHeihy the authority djoresaid, That each and every of the perfons aforefaid fhal!, Property not
tintii the end of the next general aiTembly, be he'd and deemed incapable in law of alienating or difpofing alienable.
of any of their eltates real or perlona! in any manner whatever. '
XI. And whereas the enormity of the fraudulent and corrupt pra£lices of the perfons aforefaid, and ^"^emnitjr to
the fecurity of the ftate, have rendered proceedings in order to bring them and others fufpefted of the jjns'"" ^*''
fame offences to juftice, and to prevent the concealment of their eftates and aUenation thereof, which al-
though they may not hive been llrifily legal, were yet abfolutely necefTary for the public fafety -• Be it
therefore enaaed by the emthorlty aforefaid. That all perfons who have a£led purfuant to any refolve of this
general aflembly, or order of the governor of this ftate, in order to apprehend any perfon or perfon fuf-
pedted of the fraudulent and corrupt pra£tices aforefaid, and to fequefter the real and perfonal eftates of
any perfon or perfons fo fufpefted to be rendered liable to juftice, they and each of them are hereby fully
indemnified againft all fairs and pvofecutions of whatever nature, for any a£l or a£ts fo by them commit-'
ted.
Xll- And for the better difcovering and more efFe^lually dete£l:ing the frauds which have been com- Board institu-
mitted in the fettlement of the faid army accounts : Be it further enatie i by the authority aforefaid^ That '^^ '-• "^^'^"^
three perfons, to be appointed by joint ballot of both houfes of the general atTembly, be and they are here- "*""*» "^"
by conftituted a board, who, or any two of them, fhall examine the books, vouchers and proceedings of
.the board for fettling and liquidating the remainder of the accounts of the officers and foldiers of the con-
tinental line belonging to this ftate, as far as fuch books, papeis, accounts and vouchers relate to the pro-
ceedings of the faid board, in the year one thoufand feven hundred and eighty-fix, appointed by an aft as Is power.
"before recited : And the faid board, or any two of them, are hereby declared to poflefs full power and au-
thority to inveftigate the faid frauds, examine the faid books and accounts, and determine what accounts
were unjuftly and unlawfully fettled, and what monies and certificates were procured from the Itate oil
Xuch fettlements by fraud and impofition.
XIII. And the better to enable the faid board to inveftigate and difdover the frauds and impofitions Muster rol'ste
which have taken place ; Be it further ena8edby the authority aforefaid^ That the governor be and he is ^^ obtained,
hereby required to direft the delegates from this ftate to make application to the United States in congyei's,
for all the mufter-rolls of the continental line of this ftate returned to the war-office or the paymafter -gen-
eral, and the faith in this ftate is hereby folemnly pledged for the fecurity and fafe return of the fame.
XIV. And be it further enactod by the authority aforefaid^ That the commiffioners appointed by this adt, Return to be
(hall S' foon as they have examined the faid books, vouchers and accounts, make return to the comptrol- made to the
ler of this ftate of fuch accounts as fhall appear on fuch inveftigation to have been juftly fettled, and the ^
claimant rightfully entitled thereto, and where a claimant may have procured a certificate or d'ue-bill for a
larger fum than he was juftly and legally entitled to, the faid board are hereby invefted with full powers, Power of ihe
to fettle the account or claim of fuch officer or foldier, and return the true balance that may be due in the ^'^''^ t° settle
fame manner to the comptroller, who is hereby required to iflue a certificate for the fame agreeable to the ^'■".'*" * ^»
laid returns, which returns fhall relate to the certificate part of fuch pay due to fiich officer and foldier,
and fhall be delivered by the comptroller to fuch officer or foldier, or their agents, attorney, executors, ad-
miniftratora or alligns, who may be authorifed to receive the fame ; and all the certificates iffued by the
faid board for fettling and liquidating the remainder of the accounts due officers and foldiers of the con-
tinental line of this ftate under the faid a£l, entitled, «.' An aft to empower commiffioners to liquidate
the accounts of the officers and foldiers of the continental line of this ftate, and to revive the late boards of
auditors for a limited time," pafTed at Newbern, in the year one thoufand feven hundred and eighty-five
are hereby declared null and void, and (hall not be received in payment of taxes or any other public de-
mand whatever. And that juftice may be done as fpeedily as poffible, the commiffioners appointed by ^°?*''t'*t^'*
this aft are hereby required to make return to the attorney, general of all fuch perfons as have by fraiid, "„ au^n^ -^sj
^pofition or otheiwife wrongfully and unjuftly procured due-bills, or drawn or procured to be drawn mo- ncisd.
412 ["^86, nies out of the treafury pf this ftate, in conrequence of the fettlements made by the comm iflioners ajp,
'-^v"sj pointecl in the (aid a£l, pafieci at Newbei;n, in the year one thouiand feven hundred and eighty-fiye, as '■
Attornev-gciie foon as fach frauds (hall be by them difcover^ed and afcertained, and the certiticate of the laid board re- j
t t^Sw:""^ lative to fuch frauds, is hereby declared legal teftimony in any court of law or equity in tliis ftate, and i
the attorney-general is hereby required to bring fviit wiUiout delay, for the recovery of fu»h ijionies, in ;
any court of record having cognizance thereof, which fuits fiiall be tried the fifft court the famj? is ftt *■
for trial, without regard to any other fuit or fuits thnt may have been docqueted before it. i
FuiM not to a- XV. /ind be itjurther emcted. That no fuit (ha'l abate for or by reafon of the caufe of aCHon having a- \
cf'a TocaU "of '''^^" '" ^"^ Other di{lri(3-, or by reafon of one or more of the parties being reGdents of any other diitritls, \
d:stri<as'. but fuch fuits (hall be had and maintained as if the caufe of action had originated in the faid di(lri£t, and 1
the p:irty or parties againft whom fiiit was brought, had been refident ^yi:^in the f^^id difl:ri^, any law, u(age« ',
or cuftom to the contrary nptwithftaiiding. ... . . ^
Parti :ular re- XVI. And be it further enaSied By ike authority aforefiidf That the books of accotints of the treaf\)rer, as
gulationasio ^ell as of the auditors for liquidating army accounts, the continental mufter-rol{s, and authenticated copies ■
eviaence. .thereof, {hall be held atid deemed legal evidence in any profecutipn or fuit which may be ha4 'yA, confe- j
^uence of this aft. •■ < ■ . .
Treasurer ard XVIL Be it emdied by the General Affembly and hy the autherity ofthefamet That the treafurer of this ftafte
CoroptioUerto and the cpmptroller attend,' and they are hereby required to attend the faid court of oyer and terininer, '■
cdort &c* ^"^ to carry with them, ready to be produced in evidence when the attorney- general (hall require the! fame, j
' ',' all books of accounts, certificates, vouchers, claims, accounts, due-bills, orders, and all ^nd Gngular other
'writings which relate to the cohduft of the treafury-office, pr the oifice of cominiffioners for the fettlement
of army accounts, fo far as they relate to the conduft of the late feafurer j and the faid commilfionerii '
snd all others, oh the pafTing or pajment .of the faid claims^ aijd all other ragtters relating to |he fraudji I
heretofore fet forth. ' ' ' "' ' "' " ' ' ' , ' "• ' \j
AWowapceto XVIII. ^^ iV ^«fl^^i c^. That t]ie attorney-general fliall be allowed iiv^ pounds j>er day, fo^^ !
judge* and at. the faid court, and forty (hillings for every day he (hall be going to or returning trom the fame. Thai
lorney general, each and every judge who (hall attencj the faid fcourt be allowed five pounds per day for his attendance pi(»
the faid court, and forty (hillings for every r ay he' (hall be going to or re'turiVing from the fame.
To commis- XIX. ^7id be itjurther enacted, That each of the cpmmifTioners hereby directed to be appointed, fliaUbfe
sioners. allowed thlrty-two (hillings for every day they fhail he attending on the t:<>ard on the public bufinefs.
Commissioners XX. 'j^ffd bf it furth/r'tfiaffed. That each of the Itid comnu(]ipners, before enterii.^ on the duties of hij
to 5 ve b^nd <Sffice, (hall enter into bond before fome county coiirt with good and fuflicient Security, in the fum of ten
sicui-Hj. jjjQjjf^yjjj pounds, payable to the governor for the time^being, for the ufe of tlie ft..te, Joi the faithful anl i
hioneft difcharge of the duti.e,s of his faid oj^ice ; which hand fliall be eutereirof record arid trahfmitted ta
;the governor by the clerk o!f fuch court, aijd fliall aiTo take the following oath before tliejud^e or judges
v^hp (hall hold the faid court of oyer and terminer, to vvit : ' ' ■: ^ _
And to take an " T PO folemnly fwear that iji all things pertaining to my ofHce gs Iji ^comtnifrionr of t])e board for exa?
OMb, ' 'i ■ Jl " mining the proceedings of the iate coiTunifTipners ot ar.Tiy accounts, as diverted by the aft' whic^
«' conftitutes the faicl fixfl; meutioned board, I will truly> houeftly, and impartially, dp aji^ execute my
««d4ity"
CHA?. S. Jn aff/ffr eijbpsisttiag dept(t(is/ram thirjlate^ to a canveniion popafed tp be hfid in the city of ^hih^t^pbiat in ^J.Qy^
See the coiirti- ■ ' • ■ ' tuf^t^ for the purpqff of rivifing tfir Uderal rstifiUuiton.
tutini Of the "J^^ y'KERi; AS In the formation of tlie fedeyal com^u^ ^vhich' frajtnes the bond of uiiiop pf the Anierica^
* hich*i; *i8 V y ftates, it' was not ppflible in tha infant ftate of our i epybiics to /flev! fe n j;yfi:em wluch in the .courfe
convention re- of time and ' ejcpcrience would n6t manifefl; ImpcifviJcipns tli^t it wbi'^d be nccclTi.ry to reform. Ana
tcramended, •vyhereas tlie limitt'd |^:»wers which by the ai.ticks.of confederation arr jcfred In the congrefs c^ the Unite<|
iiiirrOTvcm!-^^ §tate.s, have been .foutid far ifia<ic<iijate to the enlarged juirpofcs which tJ;ey were iiitended to produce.
ei Norh Caro- '8t)d wherea? corjgrefs hath by njpeat&d and rru)8: urgent rrpreG njations, endeavoured to awaken thif an^t
Jina, in i/S9, the other fta-ieis of thjC union, to q. ienie qi the truly aiiical ^nd. a)arming fUuaiion into which they mu^'J
> v < >'.■•<:. tue nna^oidahle cafl, unUf6iV)e,?,fiure« are forthviith t-iKen toenlat^ tlie {lowers of congrefs, that they may <
t^ierebybe jeaa'bl«d to avart the dangers which tlxreaien our exiitencje as a fr^? and independent people,
iVnd whereas this ftate hath been ever de/irous to iSt upon the enlarged fyftem of the general good of the j
tJnited States^ wiiiiout boundina its views to tjiie panowlaji^ fpiniBi o\)jetl of partiaj conv'enittice, and hafl
bjsenat all tnn^sreaAy to i«a"ke every cptoceflion to the fafety and happiness of the \vhoIe, which juftice 17^6. 413
aad. found policy c.ou'cl vin<Jicate ; - • . i^-'v^m)
I. Be ittherefsKe etiaS'd l^y the General Affetnbty ofihejlate of Korth-Cdrolina, and by the authority of the Commissioners
fsmef rjiat ;five coiaraiffioners he appointed by joint ballot of both hbufes of aflembly, who, or any three '» "^ ^PP^'r-ts"*
of them are hereby authorifed as deputies from this ftate, to meet at Philadelphii on the firft day of May Philadelphia,
ne^t^then Mid there to meet and confer with fuch deputies as may be appointed by the other States for.&c-
iimilar purpofes, and ,with th-enj to difcufs and decide upon themoft effeftual means to remove the defe<f\s ^o^wcs* &c
of ounfederal junjon, and to pfo.cure the enlarged purpofes which it was intended to effe£t, and that they
jreport luch an act to the general aCembly of this ftate, as when agreed to by them, will effettually provide
fqrthg/fatpe* \ .- .■ »• .; • '.■■"■."';■.■-■' ■ [ \ ■
II. And belt further enaSledy That in cafe of the "death or refignation «f any of the faid deputies, or of Governor to
their declining their appointments, his excellency the governor for the time being, is hereby authorifed to'^uppl) vacaa«
fqpply iuch vacanciesi and the governor is requited to tranfmit forthwith a copy of this a<3: to the JJnited *^"'^' ^*
States iti congrefs aflembled, an^ to the executives.of eachof the ftates in the Union.
w
An a€l io mcdie the fecurities therein named ne^ociable. ' CHAp, i.
HEREAS it would contribute to the convenience of merchants, traders and other inhabitants, in j.„g ,_
the interchange of 4)roperty which traffic makes neceiTary, that^sills, bonds, andjiotef, as well thofe' *
with asthofe without feal," fhould be made negociable
■ >I. ' Be it ena&ed by the Qeneral Afftmhly of the Jlate of Ngrth-Carclinay and it is hereby enaSied hy tht aui- t.
ihorityofthefmne. That all bills, bonds or notes for money, as well thofe with feal or thofe without feal, p.oc;"a'!Je^L"*^'
thofe which a«e not exprefied, to be payable to order or fear value received, as thofe which are exprefled to promissory
b^ payable to order and for value received, (hall after the paffing of this aft he held and deemed to benego.- "oi«s, &c.
ciable, ^nd all intereft and property -therein Ihall be transferable by enjdorfement, in the- fame manner, and
under the fame rules, regulations and reftrittions as notes called promilTorv or negotiable notes, have here- indorsee or as-
tofore been y And the ihdorfeepr afligneeraay have and maintain his action of the cafe for the recovery signee m^iy
of the monies due him upon fuch biti^j bond or note, notwithftanding any feal thereunto annexed, in his have an aaion ,
tl^e faid indotfee's or 'affigiiee's own proper name, as fuits have been heretofore had and maintained by hil own*^nam^
indorfees or,af)ignees,of iwtefi called f romiflory or pegociable.
II. \4nd be it further enaSied by the authority a'prffaid^ That executors and adminiftrators, in, the pay- Direafo'nVo '
meat cf -the debts of their teftators and inteftates, (haH hereafter hold and confider debts due upon bills, ;exeeutors, ■kc*
l»n(^& and promifibry notes, whether with or without feal, and all feitled and liquidated accounts figned-'P «^e djgtnbu.
by the debtor,, as of ^equal dignityj and (hall pay the fame iiccordihgly : Provided always^ That executors "°''*' ****'*•
and sdminlllrators fhall in all other refpefts, except as aforefaid, have the fame right of prefetence in
the payment of creditors, which they have heretofore had and held under the laws then in force,
ill. And ie iifurtheteticStd by t'he'auth/n'iiy .etforfjaid, That altbonds, hiHs, .notes, biUs of exchange, Vu. Interest vhea
quidated and fettled accounts, Ihall beai i/itereft from the time they becpme due, provided that fuch liqui- payable-
dated and fettled accounts fhall be figned by the debtor, unlefs it''fhaU be fpecially exprefied that intereft
is not to accrue untii a' time fpecially nxentioned in .the faid writings or fecurities : . Provided aifoy That this
a<3: fliall not extend to, or hav.e any operation with.iefpei^^o any bonds, biIls,'notes, bills <>f exchange^
liquidated or fettled accounts heretofore given or inade. ,,:
■ iV, ,-t/id bs it JhrtiiJr'e^^ned by.fh. i^t^^r.iy afor^faidy -Thati^all bills, bonds and iiotes made payable flm BiUs, S:c. on
demand, (ha!!j[?e held and deemed to be due on demand .made by the creditor, his agent or attorney, by demand, their
fjiit or /egueft,j[fld^(hairbear,!ijtereft accordingly.^ ' operation,
V. An^d be it further enaBcdy That all fecurities forthe payment or delivery of tobacco, and all other Specific coa»
fpecific articles, fliaii bear iufeer^ft as monied ,coBtja<fig,. /Aa^ is it fay y the articles fliall be rated by a, jury'tracts.
afti^ ;tM?e th^y bcf/rme due, arid intereft he paid' by the debtors accordingly. Provided alnvaysy the aft .
of limitation of this ftate /liaJl apply to .all jjoods, bills and other fecurities hereafter executed, made tranf* "'^"■°"'
f§fable:J>y rfiis-.ajfl, afj^r^hc ailigruneiit or eildorfemeptjther.cof, in the fame manner as it operates by law'
againft promiiibry notes ; and),rovided alsoy that this aft ijhall not be in force until the firft day of May next.
• An aft to impcfe a duty on all JIaves brought info this Jlate hy land or •water. CHAP. 5.
HEREAS the impt>r^upn,oJfiIavesinttO, this ftate is produftive of evil confequences, and highly See the* const!*
impolitic: ' „ - .' tutionofthc
The rrjl repeaUd except. tSe'^'h- and. VlU.fi^io^fi 1790, IS. . .U- States.
Vol: I. 5 N ■
4i* 1786. VI, And he it further eH!tf}«^t That every perf^u who {haU Wroda-« intd t^?s fl2fe any tlave or flavejf
v-^-N-O after the padingheieof, from iiiy of the Uaited States which have piJed laws fcr fhe riberation' of flaves,'
Pen. &c. on ftiall on complaint thereof before any juftice of the peace, be cdmpelkrd by fuch juftice to enter into boncf
bringing slaves ^j^j^ fufficicnt furety ill the fuiii of fifty pounds current money for eachflave, for the rertloving cif fuch
Javcs " fl'^ve or li^ves to the (late from whence fuch (lave or flave* were brought, within three nrtonth* therefafter^
the penahy whereof fiiail be recovered, oije half for the ufe of the ftace, the other for the ufe' of the prc?-
fecutor, on failure of a compliance therewith ; and the perfon introducing fach flaves (hall alfo in cafe of
fuch failure, forfeit and pay the funi of one hundred pounds^ to be recdvered by anyperfci^ filing for the
fame, and appHed to his own ufe.
VIII. /ind be it further ena5led by the authority aforefaidy That tltis aiH: (hall not be in force or take effe£¥,
before the firft day of February next.
Whenineffic:.
CHAP. 6.
Aute, p. o69.
CrizeosmaT
jiro;>eci)te suits-
Proviso.
Cqmmitsionrr
to prosecute
f restates
cUiiaed.
An act to amend em actj entitled, *• an aft to fecure and quiet in their poflelEons all fuch perfons, their heirs
and afligns, who have purchafed or may hereafter purchafe lands and tenements, goods and chattelsf
which have been fold or may hereafter be fold by the commiinonera of forfeited eftates legally appoint-
ed for that purpofe."
WHEREAS doubts have arifen whether the citizens of this ftate clarmingr property by any title what-
foever, which had been feized and fold by the commiflioners appointed to fell the contifcated prO'
perty, were enabled to claim, or commence and profectrte s fuit or fuits in any of the courts of law in this
ftate for the aforefaid prc^rty, by reafonof the aforementioned afl :
I. Be it therefore enaSied by the General AJfembly of the Jlate of North-Carolina, and it is herekj enaSed by the r
authority of the fame. That the citizens of this ftate are hereby declared to poliefs and enjoy the right and .
privilege to commence, profecute and maintain aay ft»it or fuits in any of the courts of law or equity with- •
in this ftate, for any real or perfotul eftate foM by any of the commiflioners of forfeited eftates : Provided
the faid citizens do not hold or derive their titles, by, from or under any perfon or perfons named or de^ •
fcribed by fome one of the kws commonly called the confifcatton laws.
II. And be it further enaded by the authority a/brefaid. That in cafe any real eftate Ihonld be deemed by
a commiflioner of confifcated property to be forfeited, and (hould be claimed by any citizen or citfzent
as not liable to connfcation, fuch commiflioner fttall not proceed to the fale thereof, but ftiall commence
a fuit for the recovery of fuch eftate in the fame manner as by law direfted for the recovery of perfon al
property withheld from him : and fuch fuit fhall be inftituted in his name as commifficner of his own-
particular diftrift for and on behalf of the ftate, and the fame proceedings ftnii be had thereon as ia other
fuits of the like nature.
CHAP. 7.
CHAP. 8.
gcverBtnent.
AnaB t$ alter thi mode of pamfbing horfe-Jtealing ', al/o to repeal an mB, entitltdt ** An s€k to prevent horfe
ftealiiig." REfEyLEDy 175^0, 12.
An aB for the fupport of government, and for »ppropri(Aingtf}e revenues of the flate.
'■ "¥TCTHEREAS it is proper that thofe who dedicate their time and abilities to the fervice of the public
\\ ought to be reco*i penced for the fame :
AnnniJ tOaij I. BE it therefore enaded by the General Apmbly of the ff ate of North-CoroRna, and it is hereby maBed by the
to officers cf , ovthority of the fame. That the following annual falaries, to be difcharged in half yearly payments, and the
following daily allowances, (hall be the recompences of the feveral officer* of this ftate hereafter named,
that is to fy.
No. 1. To his excellency the Glovemor feven hundred and fifty pounds.*
No. !?. To the fecretary of ftate one hundred pounds, in full confideration of all fenrices and expence»
incidental to his office, except fuch for which he is exprefsly allowed fees by law.
No. 3. To the private fecretary one hundred pounds, as a f uU recompence for all the duties which the
faid fecretary by law or cuttom is obliged to perform.
No. ♦. Repealed, 1790, 3.
• t%e tt'ar'ei of the governor anctqf tie treamrer vere intreaud by tfiu aet, fianeJ tetieeen tii't and tie teuton of anemblg in
1793 : fur tie secrtiiry maJe then a ttattmtnt in mitieh be fixet the arte at £800, ttnd ttte other at £750- ytl J eustuf 6ii(i/tUiiKl^
It Ucet 1,01 afptar tixn tU avibor of the Mumal or Judge iredtU, vere mere wccttfal, fte n«« 1788, 9.
2SI
Wo. 5. To ttie nttorney-genei'al of this ftate, forty poutids for each court he fhall attend. J "86. 415
No. 6. To the conmptrolter five hundred pounds, for all fervices incidental to his office. »,*-Sr«^ j
No. 7. To the treafurer five hundred pounds.* M nthiy and j
No. 8 To the public printer fix hundred pounds. ^*">' »"'"^- j
II. And be it further enaSled by thi authority aforefaidt That the following monthly and daily aUowances
ihall be paid totheperfons hereinafter ftientioned» /owiV, ,
1. Otherwise pravlied for by the coKj^itmion of the United States.
2. To each of the inethbers,df the council of ftate, for each day^s attendance twenty {hillings. j
3. To the clerk of the council, for each day he is employed the fum of twenty (hillings. i
4. To the door-keeper of the courtcil of (late, for each day he is employed eight (hillings. \
And tiie faid annual lalaries ihall be paid as aforefaid rn half yearly inftalments, on warrants drawn by the jj^^ payabfe, •■
govemorj bearing date theilaft day df June for the firft payment, and the laft day of December for the ' . \
fecond, unlefs otherwife fpecially provided in this a£l.
• III. And whereas it is nece(rary to provide an adequate, fund for thepayment and punctual difcharge of ji-p^gpriaion ^
the faid falaries and allowances : Be it enacied bythe authority aforefaidy That all and Angular the monies of taxes for the \
vhich (hail arife and be received from the tax on polls, levied by virtue of an a£l, entitled «« An a£t for payment of the i
levying a tax for the fupport of governmetit and for the redemption of old paper currency, fpecie and other '^'^'' ''"'
eertifieates,*' pafled at Newbern, in November, in the? year 1785, and all and Angular the monies which
ihall hereafter be; levied and colle£ted annually tfn a poll-tax in purfuance of a general law for that purpofe \
Ihall and the fame is hereby appropriated as a fund for the rfegular payment of the faid falaries, wages and ;
allowances, and for the payment and recompence of all fuch officers of government as (hall or may hereaf- ;
ter be put on the civil lift of this ftate, and fo Cball remain, continue and be applied, and to no other ufe or
purpofe whatfoevet j any law, ufage or cuftom to the contrary notwithftanding : Provided neverthelefsy That Pi'ovis*.
the furplus of fuch monies arifing from the faid tax which may remain in the treafury after the payment \
of the civil lift charges of the current year, (hall and may be placed to the contingent fund, and applied
accordingly.
l^. Ami whereas the United States in cotlgrefs alTembled have recommended to the feveral ftates- to Appiopriatiou
eftabli(h fubftantial revenues adequate to the pundiual and honourable difcharge of their refpe^ive quotas <»fta*«*f<5':'ii« •
of the mtereft and principal of the foreign loans t Be it therefore enadted by the authority aforefaidy That all (bre^^n debt -
and fingular the monies which (hall hereafter arife from and be coUedled by virtue of an a£t made and paf- &c. ' '
fed at HilKborcugh, Anno Domini 1784, entitled *« An zdi for levying certain duties therein mentioned
on all foreign merchandize imported into this ftate, in aid of the public finances, and directing the method
of colle(9:ing the fame," and alfo one other a£l pafied at Newbern, in the fame year, entitled, « An a«Sl to
amend the faid aft," and alfo by virtue and in purfuance of an aft pa(red at Newbern, Anno Domini I785j \
entitled, " An aft for the regulation of commerce," and all the monies arifing from the duties impofed on :;
goods imported by merchants into this ftate by land, and collefted ia purfuance of an aft, entitled, <*An i
aft for raifing a public revenue for the fupport of government," and to repeal an aft entitled, " An aft to \
fupprefs excefiive gaming ;" and all the monies which may become due, for duties on goods or merchandize
of any kind hereaftef imported into this ftate by land or water, and all the tonnage on foreign bottoms as l
far as the fame (hall or may be confidered as a duty or ducies impofed for the purpofe of revenue, and all |
the monies which (hall arife and be collefted from the tax laid on lands and collefted in purfuance of an '•■
aft, entitled «« An aft for levying a tax for the fupport of government, and for the redemption of conti*
nental money, old paper currency, fpecie and other certificates," pafTed at Newbern, Anno Domini 1 785,
and all the monies which (hall hereafter be received and collefted from the tax ufually called the land tax
in this ftate, laid and levied in purfuance of any general law for the purpofe of public revenue, be, and
jdxe faid revenue and fources of revenue are hereby feverally and refpeftively appropriated for and-towards \
a fund for the punftual and regular difcharge of this ftate s eftimated quotas of the principal and intereft ,,
of the foreign loans, and fo (hall remain and continue to be paid and applied yearly and every year, until '.
"the final extinftioh of the faid debts in the manner direfted by an aft pafTed this fellion, entitled, ««-An aft ■
for amending an aft, entitled •< An aft for emitting one hundred thoufand pounds for the purpofes there- 1
in mentioned, and for appropriating the tobacco lately purchafed by the commiflioners, to difcharge the '!
intereft of this (Ute's quota of the ^reign debt, and for making efFeftualprovifion for the future difcharge \
•f thia ftate's quota of the principal and intereft of the foreign debt, and as the general afiembly (h^ \
416 1786. hereafter dlre^, wd f* no other ufe, intent orpnfp(?'''pi whatroever, any formehr or otfjer approfriatlon
t*-—— *-^ thereof, cr of any partthereof, or any law, ufage or cuft->m to the contrary riotwithllandtng. ' -; .
Co- ingent V. And be it further enacted by the authority aforejaid^ ftiat the remaining revenues and fctiroes .ofrfOTe-
'^""'^' nue ihall be confiderpd as the ppntingent fund, toJbe applied to thp incidental charges and exigencies of
government. ■■■.':. .■..■■,
IV", iSnperceded by the q^dopt'zon pf the conflitulvn 9Jth( United Siates,
CHAP. 10. .An act fo arrend an act enthUd " An a£l for the more regular collecting, prvment of, ^nd' accounting for
the Yi'ahyictzyie%" and for laying certain duties therein mentioned.
1787, 27. X'^THEREAS in fome of the counties colleftors have not been appointed, and in others when appoin-
Vd. 2* 6. ' W ^^ h^ve tailed to jperforiji the duties required of them by law, hy which means the taxesin fuch
counties remain unpaid, and the intentions of thegeneral affenibly refpefiting revenue ajre in a great mea-
fure defeated .: for remedy whereof,
I. Be it enaSied by the General Affemhly of the Rate of North-CarolinOy and it is hereby enacted by the authority
faJrih°/ff*t> of*^'fi'»^* That from _and after the paffing of this aft, whatever county court (hall fail or negleft to apit
collect the tax. point coUedors in their refpe£live counties, it ftiall be the duty of the (heriffs of fuch counties to colleft
the public taxes and be accountable for the/ame and for fuch fervices.fhaU have the fanie^allowances as is
allowed by law to the colleftors for the fame fervice, ' '
II. And beit enaSIed by the authority aforesaid^ THat from anji after the paffing of this a£l it (hall be. th^
lector 8tc "^-"^y °^ ^^ fheriffs to ferve the colledtors appointed by tl^e county courts whi<ih a copy of their appoirit-
tnents, and in cafe of the refufal or negle£i of (hem br any of them to a£t, they {hall immediately iignify
their refufal under their hands on the back of the order in writing ; wjiich order the (heriff (hall return to
the clerk, in which cafe it fhall be the duty of the (heriffs'to col left tW taxes in fuch flJffirift or diftrifts
for which the colleftoror colleftprs fo refufing pr neglefting to aft were Appointed, and for fucli fervicet
they (hall have the fame allowance as is allowed to the Colleftorsby I3W. ' . " • \ -" ' V ' ,
. . HI. And be it furthir enacted by the authority aforejaidy That the clerk of each and every county court.
return to the' within this (late, (hall and they and every ofthem are hereby required to tranfmit to the comptroller at
c'ornjjtrollgr. his office, on Or before the firft day of Jiine in each and every year, attefted copies of the amount of tax-'
able property and polls fiibjeft to pay a public tax for the proceeding year, fetting forth in fuch returii
the quantity of each fpecies of property fuljj eft to be taxed as aforelaid, and the number of polls within
hiscounty. ' '■■■••/' " / ' ; ' ' -'• ''' - ' .■■• :■
IV. And be it further enacted, That the clerk of eachand every of the fuperior and cminty courts, fhall and-
j'mes, c. ^j^gy are,hereby required, at the time for making returns of the, amount of taxable property aforefaid, t6>
reiider unto the comptroller an account of the fines, forfeitures and amercements that are due and payable
'for the ufe of the ftate, and if no fiich fines' and forfeitures have heen recovered in any of the faid courts,
jthe judge or three of the juftlces (as the cafe may be) of fuch coiirt, fhall' certify the fame : and at the
fame time the faid clerks (hall ancl they are hereby required fo trAnfmit to the fard-comptrsilcr, copies of ■
the fettlements of the commijioncrs of confifcated pi'operjy for theivrefpeftivecoynties ; and for each and'
every of the aforefaid returns made and trartfrfijttcdlby fuch clerk,' he fliaO be' allowed the fum of eight'
/Jiillings, tbbe paid out of the coiiijt'y tax on hisprodltGing'thVcbfnptroHer's receipt the^^ ; ■ ..- ■.
Clerks to cive - ^ ' -^"^ *^ it further enacted b'ytheauthoriiy dferff^id. That the cl-^rk of efech 'rffid' eviiTff ' county court
bond. within this ftate, fhall enter into^bbnd witlV futlicient fecurities for the due rii''ci f^itht'ui'clifrharge of., the
aforefaid duties, in the funi of pnpthoufand pounds ; which "bond fballbe trail frr?if tec} to thecomptrojler
by the chairrtjan of the court, "iincjer the penalty cf one huYidred pounds,' t6 b? fue^ for and recovered by
the comptroller of the Hate, by aftioiion" the'cafein npy court of record having coc^nij^ance of the fame^ for
_the ufe of the ftate J and fhe comptroller ()ial! jnd may enter iUdg'ment On the faid feond it* cafe of iailure
•or negleft aftev noijce givcji, 'in the rn;nwer of entWii\ij upiudgiTient"^ ; .
Comptroller to' VU And be ft e)iaSfed by the a'id'ority' dfi>r^faid, 'i^hs^l it {bi\l he the duty of the comptroller to open an,
"^'^"''"' "■"'» account again(t the public treaCuier agrefcabio to the ret^irns he fli all receive, dillinguiftiing the mOney,.-
e treaburer. f^Q^ jj^g certi(icate tax ; ahclit fiiall be the duty of the public' treafurer to ' fettle with '^he. comptroller o«|
or before the fecorid Monday in November in. each year-; rfnd tht 'treafurer and Comptroller .iliall each
,lay before the genfraralTembly that' rhgiy m.6et fdbfequcht to tiieir Xettlement, their accounts* ■.for the in^.-
fpe^flion ofthe'afTembly. * ' ' i • • • ■; ■•' -i r.i . ;r , .^ .,' _ ; , .:uj.; ,'.-,^:,. ^.|. ^,,
VII. And whereas the tax called the continental. tax, which vyas ordered to he collefted for the year
1785, hath not been coUcded in many'of counties withinMiis ftate, owing to the mifapprehenfion or
niftake of the nienfTs and Inhabitants of faid counties } Bek.fufi%er enaBedl'yth0 genera! affemlly^ That 1^86. il'^
the fheriffs or colle£lori of fuch counties who have negledled toi make colled ion of the faid tax, be and ^-.-v^J
they are hereby direfted to make coileflion of the fame in Qurrent money, as well from thofe who have For.Tier tax t»
heretofore collefted and not accounted as thofe individuals vho have never yet paid ; and that the fhe- ^^ c®^^***
riiFs or coliedors of fuch counties ihall at their next annual fettlement with thetreafurer, account for and
pay into the treafury the aforefaid tax, under the penalties infliaed by law for negleft in accounting for
any other tax.
SiJbe remmnir:^; parts of the a8 fuperfi ded ky the adoption of the con/iitutisn of the United Statefy and an aSi of
eongrefs in p urfitance tber, of, ]
^n oBfor laying a tax for thejUppert of government ^ and for the redemption of the old paper curreHcy^ continen- chap. 1 1.
tal moneys aiidfpecie and other certificates. Tetnporaiy.
dnaQ direQing thecommifftoners of conHfcaUd property to reaive certficates, agreeable to a refolutien CHAP. 12.
of the LJt general ajfembly, atNewbem, in Derembry 1785.
WHEREAS it is reprefented to this general aflembly that fome of the commiflioners of confifcated
property have refufed to receive certificates agreeable to a refolution of the laft general affembly,
while others have received them agreeable to the fame, whereby one part of our citizens are deprived of
that benefit that was intended to be general :
I. Be it therefore enacted by the General Affembly of the Hate )^ Nerth-Caroiina, and it is hereby enacted by Cbnficcated
the authority of the samcy That each of the cbmmiffioners of confifcated property within this ftate, are pfope^y how
hereby refpeflively dire£led to receive in payment for all confifcated property they have fold fince the «i fo^*^*^"""'*"
laft general aflembly, certificates agreeable to the above recited refolution, that is to fay ^ the currency of
this ftate, certificates granted to the officers and foidiers, final fettlement certificates and currency certi-
ficates, at the rate eftabliihed by law.
II. And be it further ena3(id by the authority aforefaid^ That all adis coming within the meaning and pur- Formar afls
view of this ad, are hereby repealed and made void. Provided nevertheUfs^ That certificates iffued by ''^P^*'*'^'
the late board of commiCioners, and declared not negociable by this aflembly, fliall no be received. Proviso,
An aB to direct the method to appoint jurors and furveyors to run out dtfputed lands, CHAP. IS.
I. T> E it tnaP.ei by the General Affembly of the Hate ofT^orth-Caroltna^ and it is hereby enacted by the autho-^ Surveyor to bft
13 *^ty of the f me. That in all fuits in the fuperior and inferior courts of this ftate wherein the ne^|j"a,y,
bounds of land (hall come in queftion, if it fliall appear to the court neceflary, fuch court inay order two
ftirveyors, one to be named by each party, to attend and run out and furvey the lands in difpute, agree-
able to the bounds and Imesexpiefled in each party's title, and make three accurate plans of fuch fur- tj,.-. j„._ j^
*eys, and return die fame to fuch court ; which order fuch furveyors are hereby required to obey, and p^j,.
ihall be allowed twenty (liillings each, for every day they fliall be travelling to and from attending the
furveys, and performing the duty by this a£l required.
II. Afid be it further enacted by the authority aforefaid. That twelve iurors, fix of which fliall be chofen 12 jurors to at-
by each psrty, fliall go upon the lands, the bounds of which fliall fo come in queftion, and fliall attend t-nti the sur.
■the furveys while tiiey are making fuch furvey, and fliall fubfcribe their names upon the plat or plats Jhejury on the
fo to be returfied '\)y the faid furveyors, and fuch jurors fliall at the court where fuch difputed bounds is trial,
to be tried, conftitute a petty jury for the trial of the fame; and if one or more of the faid jury fliall
fail to attend when fuch bounds is to be tried, his or their places fliall be fupplied by jurors drawn from If any^il to
the venire facias returned tQ the inferior or fuperior court vi^here fuch caufe fliall ftand for trial : And fuch ^ supplied,
iurors for their fervices in attendingr (uch furvey, fliall have and receive eight fliillings per day each, and jurors' allows
fuch allowances fliall be taxed itl the bill of cofts and paid by the party caft. Provided neverthelefs. That ance.
if the parties fliall agree to have but one furveyor, or a fmaller number of jurors to go upon the land, the Proviso,
court fliall order oiie furyeyor to go upon the land, and perform the duties enjoined by this ad, and
fliall return tiiree' plans in manner as aforefaid ; and the whole number of jurors fo agreed upon by the
parties, fliall attend the faid court, and cbrtftitute part of the jury for the trial of the faid difputed bounds*
and the refidue of the faid jury fliall be drawn from the venire facias returned to the faid court ; and the
faid jury fo goiilig upon the land fliall be ftijed the jury of vietv, and for attendance at the faid court fliall
be entitled to receive the fame allowances as petit jurors, to be paid by the party, caft.
Vol. I. SO
^j*18 .fse* • ITT. /ind hit 'v:^tberena.'3edtTlmtn)l l:nvs..>nrl parts ordanfes. of laws .heretpfore.made.tnat conM" v
•■->V"vJ within the purview of this a£t, fhall be, an J the fame are hereby repealed. ;
CHAP. I4f. An act to am'nd an nctf pajfrd at Neivbern, in Deceinhery tm thsuf-vid feven hiindfei and eifht-i five ^ entii"
Vr- ^.57. led, " An an aft for encreafing the jurifuicl:ion of the county courts of plens anc{ quarter-feifioiis, and of j
ii.e, b. o , jjjg juj^;(;gg Qf f}jp peace out of court, ani >!irecling the time of ho}di:ig courts in this ilate." >
Suit? to be car- !• 'il -E if enacted &y the Gtneral AJftmbly of the J} ate of ISIorth- Carolina, and it is hereby enacted by 'he att" \
»iedoiiftot. i" T; thority of the Jame^ That in future it fhall and may be lawful for the heirs, executors,^ adminif- ■
Ui'e d'eaih!./ trators or guardians, to carry on every fuit or aftion in courts after the death of either pJaintiif or defend- "
parties, ^"f> 3nd mjy be proceeded on by application in the fame manner as appeals are carried on, under an aft '
pafled the lafl feiTion oi affembly, entitled, " An ,a£l forencreafing the jurifil;£tion of the county courts -;
of pless and quarter- 1 ^ilions, and of the juftices of the peace out w court, and direfting the time of hold- ,■
ing the feveral courts of this date." \
Onea'torr.ey II. And whereas the frequent abufes of attomles have occafioned d iflraffes to many of the good people
only to apeak, of tKis ftate ; Be it thenfore enacted^ That it fliall not be lawful for either plaintiiF or defendant tO' employ \
in any matter or fuit whatever more than one attorney to fpeak to any fuit in court ; and the courts in ■
this ftate are here )y directed not to fuifer more than one attorney as aforefaid in any matter whatever, to \
plead for either plaintiff or defendant to any fuit, under the penalty of a violation of this aft.
i^ndanf °"'*' ^^^' "^"^ ^' '' enacted^ That in any matter or fuit depending in court, it (hall and may be lawful for '
enter bii own ^^^^^' p'^'"t'ff pr defendant to enter his Own plea and defend his own caufe, and that no inftrument of \
plea, &c. writing which contains the fubftance, fhall be lod or deitroyed for wunt of form, any other law to the '\
contrary notwithftanding. \
-Attoraeysfees, IV. And be it further enaBed hy the authority r, fore/aid, That all fees to be taken by attornies in future, ■
in any fuits in any of the feveral courts of law and equity eftablifhed in thia ftate, (hall be as follows, to ' \
wit, in any fait in equity the fum of ten pounds ; in any fuit in any of the fuperior courts where the title '%
of lands (hall come in queftion, the fum of five pounds ; in all other faits originally commenced in any o€ i
the faid courts on the law fide, the fum of five pounds ; in all appeals from any other court to the faid 1
fuperior courts, the fum of five pounds ; in all fuits in the county courts of pleas and quarter-feflions i
where the title of lands (hall come in queftion the fum of five pounds ; in all other fuits originally con*. ^
menced in the faid county courts, the fum of two pounds ; in every appeal from the judgment of a juftice ■
of the peace to the faid county courts, the fum of twenty {hillings.
'Attorneys lia- ^ ' ^nd be it further enatled by the authority of ths fant'y That if any attorney or attornies (hall prefume -^
tion fo?'ttki*^"* *° ?^' ^^^ °' receive, direftly or indireftly, any other or greater fees than are by this aft direfted in all
8cc. "'feater"^' "^^^ cafes, it fhall be deemed in fuch attorney or attornies a mifdemeanor in his office or profeffwn of an
fees. attorney, and fuch maUpraftices being made known to any of the courts within this ftate, fuch court is
hereby required to direft the attorney-g;eneral or the folicitor, on behalf of the ftate, to carry on a profe-
Tu<1irment ^^^^^"^ by indiftment for fuch mal-pr aft ices aforefaid ; and if any fuch attorney or attornies (hall be there-
convua!on.°" "P°" convifted by the verdift of a jury, of taking any other or greater fees than by this aft are allowed,
he or they ftiall in the fame court in which fuch conviftion fliall be had, be thenceforth difmifl'ed from
his praftice as an attorney, for one year, in every court of law and equity within this ftate.
Attorneys n VI. And be it further enabled by the authority aforefaid^ That every attorney when employed in any fuit
*'fth!rlhree°" '" ^"^^ °^ ^^® *^°"'^*^ °^ ^^^^ ^^^^» ^^'^ ^'^ ^^^ declaration m the clerk's office, any time within the firft
days ot the ^f^^ days of the term to which the writ is made returnable, and on failure thereof fuch fuit (hall be
twn, ix. difmiffed by the court at the coft of the plaintiff ; which coft being paid by faid plaintiff to the clerk of the
faid court, be or they paying fuch cods in confequence of a declaration not being filed in due time a^
aforefaid, may warrant fuch attorney fbr all fuch cofts by him paid as aforefaid ; and the receipt of the
clerk (hall and may be given in evidence in fupport of fuch claim ; and the juftice before whom fuch war-
■ rant (hall be tried, may give judgment and iffue execution thereon ; and fuch attorney Ihall be further ha-
!«-(!' "*^* ^^ '** ^® aftion of fuch plaintiff, for fuch damages as he or they may Irave fuftained in confequence of
fuch declaration not having been filed as aforefaid.
J .iriidiftion of VII. Ani be it further enacted by the authority aforefaid, That fmgle jufticesof the peace fliall , from and after
»aaa!»!ufr^^' *^^ P^^i'^^ of this aft, have jurifdiftion of all debts and demands of twenty pounds and under, where the
balance due on any fpeciaity, conttaft, note or agreement, or for goods, wares and merchandize fold and
4elnrereJ, or work oi iabgur doae, all wiucii awcters aad Uuags are hereby declared to be cognizable anil
Jfe)'ufnai)Te befoj-e any oile juftice of the poice out of court, and execution thereon may be awarded as dj- 1786. 419
r-:ted by an act, eutided, <•' in act for eiLiWifhing courts of law, and regulating the proceedings therein;" c-^v^J
fu;)ject iieverthelels to thi appeal of either party : which faid appeal fiiall be tried and determined bv a Ante, p. 203.
jury of good and lawful men as in court has heretofore been ufed, the firfl: court, and the determination
thereon (hall be decifive. Provided alwnysy That judgments given by any one juftice of the peace, execu- St:.y of exec*
tion thereon (hall be ftayed in the following mptn.ier, to wit, for all fums not exceeding forty fliillings, tion,
-twenty days } and for all fums above forty fliillings,^and not exceedings five pounds, fixty days ; for all
fums above fiveand not exceeding ten pounrls, One hundred and twenty days ; and for all fums above ten
• and nof exceeding twenty pounds, fix mo-.iths ; for the full and truly payment of which, with cods and
intereft until paid, the party requirnig fuch flay of execution, (hall give fuificient fecurity if required, and
if the faid judgment fhall not be difcharged at the time to which the execution thereon may have been
flayed, then it (hall and rnay be lawful for any juftice to iflue execution in the ufual form for the fame
againft the principal and his fecurities. Provided alfa^ That no fuit fliall be commenced in the firft inftance
returnable to any court, for any fum under twenty pounds.
VIII. And hi itjiirtber etiailed, That the conftables of this ftate fhall be appointed as ufual, who fhall Constable to
enter into bond payable to the governor, with fufficient fecurities with the court, in the fum of two hun- S'^« security.
dred and fifty pounds, for the faithful difcharge of his duty ; and fhall be entitled to the following and „,
iio other or greater fees for his fervices, to wit, for ferving every warrant four fliillings, for every exe-
cutibti four (hillings, for fummoning every witnefs two (hillings, for every attachment levied five (hillings
for every bail bond one (hilling.
IX. ind ba it enaBedy That in all cafes where any conftable fhall ferve a v/arrant on any perfon for a Proceedir-»s
demand of (ive pounds or upwards, he (hall take bond with fufficient fecurity for his appearance before up"" a warrant
fome magiftrate to have the fame tried, and for a compliance with the judgement of fuch magiftrate to be ^°^ 5/jpcundi
given thereon, in double the amount at leaft of the fum laid in the warrant j and in cafe any fuch perfon
fo bound, (hall fail to comply with fuch judgment when given, the conftable (hall make an affignment of
fuch bond to the party injured, who (hall proceed thereon as in cafes of bail bonds given on fuits com-
menced in the courts of Jaw*
) X. Andbeit jurther enacted by the authority aforefaid^ That when it fliall fo happen, that an execution Executions le-
,in the hands of any conftable in confequence of a judgment from any juftice of the peace, and there (hall ^'^'^'^ °" •**'
be no perfonal property in his county whereon to levy fuch execution then and in all fuch cafes it (hall "'*'***
be the duty of the conftable to levy fuch execution on the real eftate of the perfon againft whom it iflued,
ttnd make return of fuch his proceedings to the next enfuing couijty court, that an order of fuch court
may direct the (herifF of the county to difpofe of fuch real eftate, or fo much thereof as the court may di-
rect, according to law.
XI. And whereas k is juft and reafonable that thofe who ejjiploy the principal officers in law depart- Tax«on5uit5.
ment in deciding thiir private litigations, (hould contribute fomewhat more amply than the reft of the
[community towards their fupport } Be it therefore enacted by the General AJfembly, That for the future the
following taxes (h;ll be a(re(red on the proceedings in law and equity herein after particularifed, that is to
fay, for every fubpcena, or writ to anfwer to any bill in equity or the courts of law, twenty (hillings j for
every writ for tlie removal of the entire record of any caufe from any of the courts of law in this (tate in-
to any other crurt of law or equity, twenty (hillings ; for every leading procefs returnable to any fuperior
court of law md equity in this (tare, ten (hillings ; for every appeal from the judgment or determination
|©f any infer.br court of law in this ftate, ten (hillings ; for every writ of mandamus, certiorari, or for the
Pk'emoval of the body of any perfon, or other writ to be granted on motion where the fame is the original
of any pri»ceedings in court, fifteen-fhillings ; for every leading procefs returnable to any court of pleas
and quarter-feffions in this ftate, five (hilling^ ; for every appeal from the judgment or decree of any
court ci pleas and quarter-fellions, or motion allowed iaftead of a writ of error, eight (hillings.
XII. And 'e it Jurther enacted. That the clerks of the refpe£tive courts from whence the aforefaid verits Clerk's duty in
may iflTue, or whereon fuch appeals or npotions may be granted or allowed, (hall at the fame time of fuch ^°"^^'".S ^"^
■allowance, or at the time of fuch writ 0all be prayed before the ilTuing thereof, receive the taxes hereby uxes" "^ *"
jimpofed on the fame ; and if it (hall be at any time difcovered that any writ has ifTued, or tlie record of any
cai'fe tTunfmitted upon any appeal Jr writ of error, before the receipt of the tax thereon impofed by thi3
a£t, the clrrk fo ilTuing or tranfmit^i>'g (hall be deemed guilty of raifbehaviour in office ; and the faid clerks
fef|)edtiTely (hill jumualiy en or >€iore ihc thirty-fiiit day of December in every year, under the pain afore-
» . .<- J -«« I... »Vft ti%M\f frpafufer of this ftitte for tli6 time fceinff, alT monlcf
420 1786. faicl account with upon oath ^""^ ^ ;« f^^P^ a cauJe a copy of his account pafled with the treafurer.
which he ought to colea by v.rtue of th^ aa, and cau^e ^ Py ^^^ P ^^^ ^^^^^.^^^^ .^
fpecifying each particular tax, from whom /^"'^^^ ^^^^^^^^ ^^^ coLt-houfe in the moft pubUc part there-
his own proper ^and-wrmng. to be P^ftf ^g-^ft/'^^ "^^^^ f,, ,hree months, in ord'er that'it may be
1 m^eani;' ^ZtXtt hX^'n^eaed ^^ receive ,ny tax which he. ought to ha.e coMedJ
'' ^^ I S^S^^X^^thi^cl^^ S^ch and every ,ourt of law and equity in Ji. ft.e.
at the firft court that ftiall be held after the firft day May next, or in cafe of any unavo.dabie hindrance:
?L nex cour" afterwa^ fhall give bond withapproved fecurity to the court whereof he « clerk in the
fumoftwrthoua^^ conditioned for the due performance of the duties hereby enjoined hm^
whkh bond Si be trUn^it^ed to the treafurer, or otherwife the faid clerk fiiall be liable and bound to^
^^iir.X^ H;:^^^ XⓈ^^^. That an ana every a^ oj ,as he.etofor. made,
fof^ as they come within the purview or meaning of this aft. are hereby repealed a,,d made void 5 pro-
vided that this aft ftiall not be ip force until after the firft day May next.
An aa U amend an act, entitled, « an aa to amend an aa, entitled, an aa for afcertaining what property
inlhisfta^V ftiall bUeemed taxable property, the method ofaffeffingthe fame and coUeamg public
I T^^E ,•/ enaaed b, the General Afemhly of thejiate of Ngrtb-Carolina, and it is hereby enacted hy the atUh^r^
ri /v of the same. That all land held by deed or entry, where there »s no caveat, or by kafe, or in nghtl
of A^el ill town lots with certain improvements, all free males and fervants between the ages cjf t^yen-.
?y.onrand Cxty years, all flaves male and female between tj,e ages of twelve and fixty years ^^^li'^ th«
ftate. ftiall be fib ea to the payaient of public taxes ; and the puWic taxe§ 9" f"«^ Pf Pf )„ ^"\P^;^^fJ
ihall be affeifed aid proportioned in the manner direaed by ^his aa, that ts tojay, aU lands ftiall be tax^
bv the hundred acres, and fo in proportion for ^ greater or lefs quantity. ^
^11 Zdbeii further cnaBed by the authority aforesaid. That the public tax on each and every po" Jja b^-
equal to the public tax on three hundred acres of land ; and t9wn lots wfth certain improvements ftiall be.
"m' "^etZ^^h^-^^^horUy af^^d, That the lift of taxes fliaU be tak^ an4 r,ti«rned i«
the fLf manner, aVd under.^the fam'e peiafties as by an aa, entitled, « an jaf.r afcertaining what pro,
pertirthis ftate ftiall be deemed taxable property, t^^ and cplleamg th«
public taxes," paffed at Hillft?orough, in ^ptii, 1784.
An aa to compel certain officers therein mentioned topublijh the application 0/ the public tmues, ^nd allo^uanct^.
■ ^ f: .1 for itifohents, ■,■■'■'■- '•■ /-;
WHEREAS it is iuft and tight that the body of thepeople on whom taxes are laij, ftiouU know(^
what purpofes the monies arifittg therefrom are applied and appropriated ; and ^^hereas no ade^
quate means have beert adopted Jo draW. into view the annt^al ftate of rhe tr^afury, and tlj,appli(;ation o^
'^VtTit rJ3 by the General Affembh ofthefiaie of North-Caro^ina, and it is hereby ,naB.^by theau^
thlrZhhefaJ, {h.t the treafurer or Ireaf^rers (haUform ^ -'^^^ ^^ ^ '^',^'f''^^^
be laid befori the general affembly of that yeaf , and puh; fhed ond bound up with <U laws of tKat ieffioij
in which tatemcrkall bfe fpecified'the^p^t produce of t?^ feveral branphe. or revetiue the feveral ^
owances for infdlvencies. ' a-^d the ;mears of any of the ft,^ni|s or county treafurers, all alloy ai^es^ «
Ss"ade by the general aflembly,^ and warrants ifiilcd by t\^ governor, ftiall befeveraUy enumeiated,
briefly fettine forth in whofe favour they \t'ere made or drawn, and en what account. -^
11. And whereas it is found neceffar/ to formfo.W check agair-ft f-^audulent and deftcient return,_^
• taxable property, and to prevent improper allowanc-.s for inf<.lveu'ts .• Be ,t enacted h'l''^^^^^^^^
hid. That fhe clerk-of each county ftiall at the next dcurt after the -^^^prns of the taxabk property «e*^
reaed to be made, fet up in fome confpicuous part of the court-houle an alphabetica lift ^f ^^^ t^^;^J*«
snd taxable property delivered or reported by the perfons appointed to take the lifts of taxable propel
^nd when any colieaor ftiall return his lift of infolvents to be allowed by the court, he ftiaU make cau
Clerks to give
tecurity.
For.Tier laws
xepealed.
CHAP. 15.
Ante p. 342.
Taxable pro-
peny, &c.
Tax on pollsi
]LUt of tax.
CHAP. 1(5.
Vol. 2, 24- I26i
Treasury ac-
counts' to be
stated andpub
luhcd.
Clerks to set
Up a list of tax
^blea, &c.
taxes, or at,y part thereof. wh&l?ft Ll airbe^ advert ferbvrS to d.fchlrge their refpeaiye J^ '^
pch.colled'or's^d.ftridl ?ad -rOurn ; and any cSk Sail L ^f ?' '" 'H ^°»"-houfe, fpeeifying GaSn in
by th» aa, fhall for every fuch neg e£t or Kal fcSfel fn^ ! ^f f "« ^^ Pf form the duties t'equirel -^'o^ ^^^^
mf'r r ^^^ ^^'^^^ithinlx monthT '^'"^ ^"'^ P^X ^heTum of. (.fty. pounds,, to aay ^erfo^ Pronthe
ly Wed t t^:rl!Sj:i:^ ^^. ^ms have bee. annua,. ^^ ^^:
•poHntor;fcnowledge.- B.^ Zrrieria^^J^^^ ^l^^ich the people have pp Wardensof.he
hereafter every year^ at the next court ofTheifr^fni? "'^^ • ^'^'f' ^^"* t}ie wardens of the poor fliail P^°^ t°PuWi^h
fet up i„,h, 4urt-ho:ufe, anaccoumof he^io .-^ W^ f f '^' "^'^ ^'V -' June, p/blifh and ^" ^"°""'-
fts aforef;*id, with the »fe and app!icatio,^XTw maloF^K 7' ' ^^ '""^^^ ^"^ ^^^"«^'f« fo'" the purpo-
^f e,,hpapper .^iax^n accpunt'o'f theXt'o'":^^^^^^
penalty of one hundred pounds, to he fuod for aiad recnv^vLu^ t ' I'. ^"^ ^° whom due, under the
wan of the court of the county where S neaeft ^^^1^'' ' T ""V"^'' "" '^ "^"'^ «f Ae chair.
com of each county (hall at the firft (effion after the firft day of J„rf, , ' *^"? ">'/"''■ That the
>o pubi^ «,d fet up i,, fome par. of the coun-hoafran?ccoi„t TtC 1"^ ""^^ *' f"?" "f""'
a.hft.of eatli fum expended bv fiid rnmm;fr;r,n«^. ^ a . t ^"°.\°"^^fe" '" <uch town, together with of towns to
i^ fbm of fifty p^nds, to ^e recovered and applied ia mann^ by hHs direa^?\^ ""^ ^'^X
=ib^ uti A^h;::^:^!?^^^^^ ^^ ^^^ ^^'-^^"^'^ the p..jew of .hi..a j^-»
■If ^T-H-^1^^ sir"' ? '\--^r "'^""^^^^ ''"^ ^^^^'^"'^ ^ -^/-w>t tT^^^^^ ^^'^ ^^^'- **•
lA/ "•"•'^^"■^ "^"y P^'^^°"s by c^ue^treatment to their flaves cqnfp tK»«, f^r -^ .
^''V n,any of faidfluves. re executed. %vherebv a veri^ hnr^hSi! ^T ?*'*''".'"'* "'^^^^^ •
^^^Miz,m'olKkhR,ue : For.veZdy ^^^^^ burthenfome debt is unjuftly imj^fed oh the ^
^^- P'^^^'t^'^'dh the General Apmbly of theRate of North^^ . ,,
A^.. I^ut from aruiarter the paffing.of this aa. th,: kv^ral aaso^ ^^^^^^^^
la^es tomakm^anallowancefor any outlawed or executed flave or fl*verfi be and S^f^^^^ '
ty repealed and made utterly void. «?* M*vej,, man oc, and thtf fanfi6 is'here- '
' '''''"••■-■. V :, :
of thetr^unties, and ,ha faid overfeers arl nw authoriM \f fK2tl /a t
,''"? "S'V" "> °>">Ply with the requlfitions of faid aft : fL retnSy whefeo/ ' ' '° "^^^
«her r.^, .1 b„, ,„ ,„,„, ^^'^ Iw .r o^ y "S^^lVruti^etfoih^Setf L° "' ?"'" '".^ "" ""'"' "'
BArng bridges and «iuf*»a,8, without incurring any peUty thereh^ ^ "" '^""°8 ""I
• Vol. L 5 P • •
422 1786.
Persons l-aMe
tcj wOfk on
I bads.
Ri,>eal .
MethTti of pro
cecjdon.
Ovprssers lia-
ble for negleiSl
ChfAp: 20.
Ante j>.'"i05, '
~S22, an<i%<3»
there lefer-
red(o.
n. ^rrneit further maii^d h the ^uihoritfhfor^i, -Thtitaii wWte^ males betweeri'^ ager W eig^S
teen and fifty years (except fuch porfons as atfe excepted ih the before recrte.daa) (halite haok to wor\ |
°"ni! '-rti i^ i/ /1;-/Af^ .^'ir7.J iv ^^v' ciuihorit^ aforefaid.Th^t To much of the before recited aft iscdmes ^
within the purview of this aft is hereby repealed and made void. ,., . f »i.„ ^r«„f,a ■
iV V«/^f it f:0-ther enacted, Tiut all offences committed or done agamft the purview of the iiforelatd ■
fecited aa, (hall hereafter be profecuted by indiament in any court having cognizance thereof ; -an^ i
all forfeitures (ball be recovered by aftion of debt, bill, plaint or informatwrt one half to the ufe of the ,.
profecutor, the other half to the ufe of the (late, unlefs the fame have been ptherwife provided for by j
^ v!' Jnd 'be it further euaded by the authortty aforefaid. That when any perfon appomted as in Over feer fef '
the roads in any county in this ftate, he (hall be deemed and held liable for any rvegled in wording on
the roads, until he (hall have made return to the court of his county, and (hall mxke ~ix appear to Uieir ^
fatisfadion he has done the duties of an overfeer by law direaed. ,
An aEt to prevent the obtaining of grants for lands lying in the ivefterh parts ofthisjiate to th prejudice of the \
fi ft enter ers, and entered in the oEce lately eHMifhed tor receiving entries of claims of such lands, by an act ^
entitled, « An aft for opening the land-office for the redemption of fpecie and other eertihcates, and ,
difcharging the Jrrears due to the army." „ , , • j j »4 ^
WHEREAS it is the intent and meaning of the faid aa and of the aa hereby revived and put in ^
force, that the firft enterers of the vacant and unappropriated lands, if fpccially located, thereitt ^
defcribed, (hall have preference to all others in furveying and obtaining grants for the fame, wtieulnoh <
entries htve been made : and whereas divers perfons have repaired to the lands iy*-.ig out of the inftabit-
ed part of this Hate, and have caufei the fame tobe furveyed in virtue of entries made lubfequent to the ^
entries for the lame lands and plats of luch furveys to be returned to the fecretary's oTice, hive or are a* -
bout to ootain graats for the fame, to the prejudice of the firft enterers : for remedy whereof, 3
\. Beit enaStei by the General Affemhly of the ftate of North-Carolina, and it is hereby enacted by the aa. ,
thjrity of the same. That every firft enterer of any traa of land fpecially located, lying in the wctlofii
parts of this ftate, out of the inhabited parts thereof, (hall be.allowed the term of two years from th« j
laft day of the pfefent feffion of afTemWy to caufe the fame to be furveyed, and to obtain grants thereon ; \
and that all grants and furveys of land lying in the parts aforefaid heretofore or hereifter to be made or j
obtained within the faid two years by any perfon upon lands previouay or firft entered by any other per- ^
fon, (hall be, and the fame are hereby declared to be void and utterly of no efFea. , " '
II. And whereas it hath been found impraaicable for the furveyors in the different diftnas and coun-ia
ties weft of the Apalachian mountain, to make their furveys within the time limited by law : Be it en-\
a3edj and it is enacted by the authority of the fame. That a further time of two years from and after the ex-
piration of the Umitation by law now exifting, be allowed, in order that the furveyors may compleat the
iurveys ashy warrant to them direaed. • i • u l j* <
No grants to be III. And be it further enaSiei, That it (hall not be lawful for the fecretary of ftate, and he is hereby di-Jj
issued tor cer- ^ga^d not to ifTue any grants for lands lying weil of the Cuiaberland mountain until the end of the next ,:.i
*forethe'*end"of fe'r»'J'» of afTecnbly, grants allowed for military fervices, jJre-emption and guard rights excepted,
the next sessi- IV. Aid be it further en,t3ed by the authority aforefaid, Ihat the farther tim« of twelve months Ihall be ^
on. ■ , allowid to the officers and foldiers of the late continental line of this ftate, to locate and furvey the lands
ano*r-'d fTar- aU^w'ed them by law. n. n u • t
my locations, V. And he it further enaSed by the author Jy aforefaid. That the further time of two years fliall be given i
for the regiftering military giants in this ftate. i. i
VI. Aid be it lurther enaSlet, That all deeds, grants and mefne conveyances not ilTued from the late jl
Lord Granville's office, (hill, be allowed a furttier time of two yews for probate and regiftration ; alj |
which deals, grants, and mefne conveyances not iflual from the Lord Granville's office, although the h
time in which they ought to hiV3 been proved and regilered may have elapfed, thill be as valid whe« ,<
proved aal regiftered in purfuance hereof, as if the Urns had been doae in due time according, to any [|
former law. .... .. \\
VII. And be it further m3<3f^, That all furveys already made for removed warrants for lands aaually jf,
entered \a the land-office at Hilllborough, and removed on account of the lands entered being previouflj is
Further ti'»»e
allowed for the
s^urve>,'&& of
And register
ing military
grams.
Further time ,^
for probate and »: jv.-
registratioa
Removed war^
taou.
-ifeht'eretl as the laXv.dire^s, {liil! be gooi in law, provided fuch lands were at the time of fuch furvey 178S. 433
■*£lual!y. vacant, and that fuch furvey on re .iipved warrant? ihall not affefl or injure the right of a«y c,**-*-*"**
, lands entered and fpecialiy locvitedin Ehssoiiiceraforefiidj prenoas l;ftjfiu:h furvey.
JUt act to amend an a.7, enti'kJ, « An a^l for fe.nitting one hundred thoufand pounds paper currency for chap. 21.
the' piirpofes therein mintianedy" for appropriating the tobacco lately purchafed by virtue offaid act towards I78r, 8.
difcharging the interiji o. thi Ja^eign dehi due by the United States, and for making' prov Jim for the Jutitrs ^,^'*' P-*'^^»
difcharge of the principal and interrjl of the f lid debt.
WHEREAS the provifion made by the a£t, « An a£V for emitting one hundred thoufand pounds
paper currency, for the purpofes therein mentioned," was intended to difcharge the proportion
ibf this ftate of the intereft of the foreign debt due by the United States, but the faid a^ is exprefled in
terms altogether uncertain and infiilficient to anfwer the purpofe thereby intended : For remedy whereof,
I. Be it emBed by the General Affl'mbly of the ftate of North-CaroHnay andit is hereby enaEled by the authori- Tobaccoto kt
ty of the fame, That the delegates from this ftate in congrefs be and they are hereby authorifed to fell and *"'**•
difpofe of the faid tobacco purchafed by the Hate under the faid a£t, for the higheli price that can be had
for the fame, and the proceeds of fuch fales fliall be fubje£i: to the orders of the board of treafuiy of the
United States, and fliall be carried to the credit of this ftate in account with the United States, in difcharge P'^^i^s how
of fo much of the intereft of the foreign debt due by the United States for which this ftate is or may be IL- ** '
able } and on fuch fale being niade as aforefiid, they fhall without delay advife the governor thereof, who
. (hall be and is hereby direfted and authorifed td give the neceflary orders to the feveral commiffioners to
.have ihe faid tdbaccO refpe£lively by them purchafed, carefully reviewed and put in good order and rea-
dinefs to be delivered, at the ufual place of lading at or near Edenton, Waftiington, or Wilmington, to
fuch perfon ot perlons to whom the fame may have been fold as aforefaid.
II. And be it further inacted. That proper perfons Ihall be chofen by joint ballot of both houfes of the Commissioners
geilefal aflembly, for the purpefe of purciiafing tobacco, deliverable at the towns of Halifax, Tarborough [° pu'^c^ase to-
and Filyetteville, to whom the treafurer fliall pay the monies arifing from the revenues and fources of reve- '
ftUes appropriated to the difcharge of this ftate's eftimaced quota of the intereft and principal of the foreign
« loans, by au aft, entitled, *« Ah a£t for the fupport of the government, and for appropriating the revenues
of the flate ;'* whereof the monies arifing and colle£led from fuch revenues in the diftrift of Edenton,
Halifax and Newbern, (hall be paid as aforefaid to the commiffioners of Halifax and Tarborough, that is
to fay, the one half to each Comndiffionef ; and the monies arifing from fuch revenues in the remaining
idiftrifts in the ftate, (hail be paid to the commiffioners purchafing at Fayetteville for the purpofes aforefaidi
ind the commiffioners fa appointed fhall be entitled to the fame commiffions for fuch fervice, take the
fame oath, and give the fame fecurity for the faithful performance of the truft repofed in them, which
was required of the commiffioners appointed for iimilar purpofes under an a£t pafTed at Newbern, in 1 735,
entitled, •' An adt for the emitting one hundred thoufand pounds paper currency, for the purpofes there-
. in exprefled."
_ Hi. And be it further tnaSted, That the faid commiffioners fhall not on any pretence give more than the Price limitted,
current cafh price of the day for each hundred weight of merchantable tobacco, which tobacco (hall be
difpofed of for the "purpofes aforefaid as the next general afTembly fhall dire£t ', and the faid commiffioners
fiiall fettle their accounts with the comptroller of this ftate on or before the hrft day of March, 1788.
An,<i3 Jqr eftabtjhing a militia intkis jiat:. Repealed, 1794, 2, Vol. 2, 159, 219. chap, 22.
An aSi iopkrden oniconftgn to oblivion the offences and tnifcmduB of certain perfotis in the counties oj Wajhing" CHAP. 23.
ton, Sullivan, Green and Haivkins.
WHEREAS divers petfons within the counties of Wafhington, Sullivan, Greene and Hawkins, Who HIT'f'''
had withdrawn themfelves from their allegiance to the ftate, have returned thereunto, and ex- '
prafled a difpofition to continue peaceful fubjefts of the fame .♦
1. Be it therejoreenaSiedbythe General ^ffembiy of the fiateof North-Carolina, arid it is hereby enaSledhy Former ofl«n-
the authority of the fame. That all treafons, mifprifion of trea forts, ofTences and mifdemeanors 'of every kind "*?*'***»«<*•
.ibever, done or committed by any of the faid perforis againft the fovereignty and government of this ftate
in and over the laid (countiesi, a» heretofore ucknowledged, held aad exercifed, be and are hereby par.
An'earagej of
taxes, kc,'
♦2* 1Y56. ifoned and buneAin total' oWIvion ; and Ae fa'wl'perfonsbe imu are J^frebyreaotsd toall tbe pnviJega*
l>-v-»»^ of ther other citizens of the ftate, as if the laid oft^nees and milcoi;'^)^'^ "!»^ nerer,e3^ifted ; any bw 19
the contrary notwithftandin^. P'awc/rV That where any de-ifionsib^'^e^^eeriliad refp^aing, prqpertjr
which are incompatible with juftice, the perfon or perfons injured {hail », •'^''''^^'5 or their remedy' at cofli-
mon law. - . . : , ^ -^
Appointment 11. And ke it further ena^ed by theaulhsritH aforefuitt, That aUperfons ^ho held ?•«« ..^"^joyed civil an^J n^ill'tai..
of ofEcws, &.C.. rjrofnces within the faid counties, on the firft day of ^pril, one thoufand feven huna»j?*^. and eighty-four,
be and are hereby continued and confirmed in the faid offices : and fuch as have acqeptec^ and ;ej!f,ercjfed
other offices and appointments, . the acceptance and exercifeof which ate confideredto be ^ re/igtiiatioii '
of thejr former offices held under this government, and the fame, are hereby declared vacant ; whiph faid ■
vacant offices, both civil and military, Ihall be filled up with proper perfons to be appointed by ihe g^iWr
ral aflembly and commiffioned by his excellency the governor^ or other wife 35 by law ditedled^ :
Hi; And h it enaEfed hy the authority aforefaidy That all arrearages, of taxes due ftpm the citizen^ pfthe
faid counties up to the end of the year one dioufand feven hundred and eighty- four, flial^be cplie^ied.an^
accounted for according to the revenue laws of tha ftate 4 andthat all taxes, due from the.fai4 citi;ze.n9
from the end of the year one thoufand feven hundred and eighty-four up to this prefent time» fliall h%
and the fame are hereby relinquilhed and given to the citizens aforefaid ; any la.w ^ thip,- coQt];aii^y. i)0)^
withftanding, ■ .
CHAP. 30. Anact for annexing part of themniyif^Crqvmto/Pftt.emvty*
'HEREAS many of the inhabitants of the coJuoty of Craven, inuve petiUaw4 t<),I>e.i»onepse4^to. jtlw
. county of Pitt ; ,' ' |
Division line, J Be it therefore enacted by the General Affembly of the ffafe of North-' Carolimi. and it is hereby enacted bjf ;
fi^ a«/i&(*riry j?/" ^/j^ jfl*Mf, That from and after the pafiing of this afil, ali that part of the county of Crayen, j
included in the following bounds, beginning at the Pitt line where Creeping f\yamp interled^s the hm^ ■■
thence down the run or njiddle of the faid fwamp to the rua or middje qf thfi Ci^i^-^pQt fwam'p, . ^^nt;^ ^
down the run of th« faid Glay-Root fwamp^pthe run.pf Swift's creek fwdiapi th^n.cp up the run of
the fame to Ifaac Gardener's ford, or path acrofs the fame, tiienfe a diretQt lirve to the, lower landing oii
Grindal c/eek, which is in about half a mile of the faid creek, thence down the faid Girindal, cieek tj^
the river Neufe, thence up the meanders of the faid river Neufe to the mouth of Great-Cotentney creek*
"thence up the faid creek to the mouth of Little-Coteiltney creek, then up the i^xne to, che lineof thecpunt]^
of Pitt, >be, and the fame is hereby annexed to, and fhaUbe and remain a part of the county pf Pitt, i?i^
Proviso. vided always, nothing^ in this aft (hall be underftood to prevent the ftieriff of Craven from , cojled.ing alf
public taxes, that now iar^or may be due for the year one thoufand feven hundred and eighty-Cx, in tiUi»<
part of tlie faid county whiiih comes within the defcriptiou of this aiql,
\l.[UtmeceJfarytobeinferted.'] ' , . / '
An <f^- for dividing the county of Davidf^. ^ , ;..u;..-
W HEREAS from the extent of the county of ■Da.vidfon, it renders it very :trc6fivenient an*? treuhle-
fome to many of the inhabitants thereof to attend the covrts» general eiedtions, and ochtr pu15-
lic meetings appointed therein :
I, Be it enaiied by the General Afemhly ofthefiate of North-CareHm, and it is hereby enil^rd by the nu"
ihority ofthefame^ That from and after the pafl\ng of this aft, the faid county of Davidfon, be dividet' by
a line beginning where the county line crofles the weft fork of Sfiine's river, down tbe fame to the junc-
tion with the main Stone's river, thence a direft line to the moutfi of Drake's iick creek, thence down
Cumberland river to the mouth of Kafpus creek, tfience lip the faid creek ^tc the, head «f theWar-Tracft
fork, thence a northwardly courfe to tlie Virginia Hue, at a point tjhat will leaVe Red river, old ^ ftation,
one mile to the eaft ; and allthat part of Uavidfon that lierj to the weft of the faid line, flYall continue aqd
remain the county of Davidfon •, and all that part of the fai'd county of Davidfon that lies eaft of th« fai<J
dividing lins, ftiall theijceforth be ffrefted intP at new and ^iftinft cpiirity bj' thenaiAa-of Suipner,
\^'rhe rtmamder unneceffiirx to be tHfetttdA \ ' ' ' *' '
An act for 'dividing tfje count f of suflivan.
WHEREAS the extent of SuHlvan county being one hundred and, fifty m,il«s ix\ Jengil), the fettlepienta
thereof and difterpnt water-couifes in the fame, render it inconvenient and tioukblefome to many
CHiAB.' 32.-
Division line.
CHAP. 34.
*f th? itihabitants diefeqf to attend the courts and general eleaion*, and other public meetings appointed 1786. 4fS
-fhereih : v,<»«v«sj
I. Be it enuBed hy the General ^Jfembly ej the Jlate of North'Carolinaf aitd It is hereby enacted by <^? <ja- Division linCr
tborityof the same. That from and after the paffing of this aft, the faid county of Sullivan be divided
:rn the following mannner, beginning where the boundary line between the commonwealth of Virginia and
the ftatei of North-Carolina crofies the north fork of Holftein river, thence down foid fork to its jundlion
with the main Holftein river, thence crofs faid river due fouth to the top of Bayes mountain, thence along
the top of the faid mountain and the top of the dividing ridge between the v/atfers of Holftein river and
'FrenCh-!^road river to its junftion with Holftein river, thence down faid river Holftein to its jun£tion
with the Tenneffee river, thence down the fame to the §uck where faid river runs through Cumberland
mountains, therice along^the top of faid mountain to the aforefaid boundary line, and thence along faid
line, to the beginning, and that all thatpartof Sullivan county on the eaft fide of the north fork of Holfteih
liyer, fhall continue and remain adiftindl county by the name of Sullivan ; and all that other part \vhich
lies weft of faid north fork of Holftein fhall .thenceforth be erefted into a new and diliin£t county by the
name of Hawkins.
\The remainder uttneceffaV^y to he itiferted.']
Ana&forerf&ingnprifi)ninthtcountyofFra)Tklin.^- . chap. 36
I. II. HI. & IV. ObJoUte, or private. ' '
V. A ND belt further enacted by tnir authority (OweJ^d, That in cafe any county within this ftate Ihould Debtors in cer-
^f^ by any means be without a gaol, and the bail of any debtor ftiall furrender the principal to the '*'" "ses and
cuftody of the ftieriff, or where the debtor (hall neglefl: or refufe to give bail, then and in either of the ca-
fes aforefaid, it fiisU and may be lawful for the proper officer, and he is hereby authorifed and required
to commit fuch debtipr fb furrendered, negieding or refufing to giye bail as af<}refaid, to the public gaol of
the diftrift. , '
' "Vl. And be ii further ena^edby the wthotity dfoftfaid^ That after the paffing of this aft it fhall not be law- Criminals to be
ful to commitany crJininal to the cdtiilty gaol, but all cnHimals (hall in future be committed to the public ^""^'^^d in ths
gaolofthediftrift. ' ^ d.stnftjaii,
A I act .to alter the time of holding the county court o/p'eas and quarter -fiffions in the county of Meek- CHAP. 58.
lenher,^, epd other counties therein mtntio-ned.
WHEREAS it is reprefented to this general aflembly, that the time for holding the county <;ourt df
pleas and quarter- feflions in Mecklenberg county, is extremely inconvenient by reafon of the
court for the month of June happening in the time of wheat-harveft : Fcwr remedy, whereof,
I. Beit etiaaed by the Gentrai AJfembly of the Hate of Nortk-Garolinay and it is hereby enaaed by the au- Time of hold.
thortiy of the fame. That in future the faid county court of pleas and quarter-feffions fhall be held on '"S courts in
the fourth Mondays in January, April, July and Oftober in each year : to which time all matters and things '^««='^««'^e''ff'
in the faid court depending, ftiall ftand adjourued and continued from the court which will be next ia
courfe after the palling of this a£l.
,; II. And le it further etiaaed. That . , , .the courts for the county of "Warren ftiall, after the next fef- ^" Wawen^
ihonsfor faid county, be held on the fourth Mondays in May, Auguft, November and February in each
year;..,. The ref repealed 17 S7, 5i, rcl. 2, 102, 166.
Ah act fr adding fart if Wake esunty to Franklin counti. WIAP, 39.
WHEREAS it is reprefented to this general affembly that it would greatly add t© the eafe and tfOn-
, T ^^"'•^"•-'^ of a number of 4:he inhabitants of Wake county, if that :part of the faid county lying eaft:
MocKtfon fwampi was added to and made a part of Franklin county :
1. £i it tkerefare enaBedby the General Apmbly of the flute of Nerih^Carolitia, and it is hereby enaSled by P"' of Wake
//f.^ i7«^A<jn<^ g^i^v>;„^. That all that part of the county of Wake Lying eaft of Mockifon fwamp, and a ™ "'^'*"''-
line runnmg fVom the head of the wefternmoft prong thereof a north dourfc to the FrankUa line, be, and
the lame js hereby added to and made a part of Franklin county.
[Ahe remainder itmnatirial to be infirted.'] ; . ' '
_. , * y^4s^ Li^eU calls ibis a pri%afe act, and emitted it. I imcp-.nc be "sias misled by the title.
Vol. I. ^ 5 0
426 1786. An act for dividing the county of Bladftt.
Vrf^-V"*; ■^'^THEREAS the extent of the county of Bladen, and difFerent water-courfes In the fame, 'render it
CHAP. -to. Vt inconvenient and troiiblefome to many of the inhabitants thereof to attead the courts and general
elections, and other public meetings appointed therein' «
Division line. I. BE it enaBfd by the General AJftmbly of thejiate of North-Carolina, and it is hereby enaSted hy the authori-
ty of the fame ^ That from and after the paffing of this a£t the faid county of Bladen be divided as follows :
Beginning on Drowning creek where South-Carolina line crofles faid creek, thence up faid creek to the
mouth of the Great-Swamp, thence a direifl line to a point c«i the main road five miles weftwardly of the
bridge on faid Great-Swamp as the road now runs, thence running a flrait line to Cumberland county,
touching at Stewart's mills, on Rock-fifh j and all that jart of the late county of iBladen lying eaft of faid
lin?, {hall continue and remain a diflin£l county by the name of Bladen -, and all that other part of the faid
county of Bladen lying weft of feid Une, fhall thenceforth be erected into a new and diftindl county by"
• the name of Robefon.
\The remainder immaterial to if inferted,'^
CHAP. 43. An aSl to anntx part of the county of Burke to Rutherford county.
Vol. 2,21. XTTTHEREAS by reafon of a ledge of mountains that divide the waters of firft Little-Broad river
W from the waters of Silver and Cain creeks, it is extremely difficult for the inhabitants on the
fouth fide of the faid ledge to attend at the court-houfe of the county of Burke : and whereas the inhabitants
on the fouth fide of the ledge aforefaid have fignified their defire tp be annexed to the county of Ruther-
ford.
^AAA^^VL^^ I. Be it therefore enaBed by the General Affemhlyof the flate of North-Carolina, and it is hereby enaBed by
Uierford", "* '^^ authority ofthefame. That from and after the pafling of this aft, all that part of the county of Burk«
lying to the fouth -eaft of the aforefaid mountains fo as to include all the waters -of the firft Little-Broad
river, fhall be, and the fame is hereby annexed to and declared to be within the county of Rutherford.
Provided nevertheless, That nothing herein contained fhall be conftrued to debar the IherifFs or other col-
ledors of public taxes for the county of Burke, from collefting all monies that may be due at this time in
that part of the faid county, which is by^ thi? adt annexed to the' county of Hutherford j any law, ufage or
cuftom to the contrary notwithftanding,
CHAP. 49. An aBfor ereSling Bogue bar and New river inletyintoa dijUnB port hy the name of Swansborough,
Superced>.d by ^e authority o^ the United States under their constitution.
CHAP. 50. An aSi to amend an aB, paffed at Hillfborough, in May, one" thoufand Jeven hundred and eighty-four, entitled^ ;
« An aft for regulating the pilotage and facilitating the navigation of Cape-Fear river." ;
Ko/!Yioofi09. "^Tl THERE AS it is neceflary that the regulations eftabliflied concerning the navigation and pilotage of
\jyj Cape-Fear river (hould be altered and amended :
Power granted L Be it therefore enaBed by the General AJfemhly of the ffate of North-Carolina, and it is hereby enaBed by the
commissioners authority rf the fame. That the commiflioners of the navigation and pilotage of the faid river, or a majority
d navigation. p£ ^\^q^^ ^^\\ \^^^q a^^j ^j^gy ^^^ inverted with full power and authority to make and eftablifli fuch regula-
tions and ordinances (not inConfiftent with the conftitution, and not otherwife provided for by law) as to
them (hall feem neceffary from time to time, and for the enforcement of fuch ordinances may annex fuch
fines to any breach there"»f, as they (hall deem adequate to the offence ; provided that no fuch fine Ihall
exceed the fum of one hundred pounds
Appropriation IL And be it further enacted by the authority aforefaid. That all fines laid by virtue of t his aft for breach
and recovery of of the regulations aforefaid, fliall be paid to the faid commiflioners or their fueceflbrs in office, to be laid
fines, om fgj. jgg improvement of the navigation of the faid river ; and the manner of recovering fuch fines (hall
be by application to fome juftice of the peace of New-Hanover county by any of the faid commiffioners
for the purpofe of enforcing the faid regulations, or by any perfon conceiving himfelf aggrieved by the
breach thereof j upon which application fu:h juftice (hall ilTue his warrant to bring the offender before him
and if fuch offender fhall be found guilty of the offence wherewith he is charged, the faid juftice (hall en-
ter up judgment againft him for the penalty annexed to the faid offence, and iffue execution for the fameb
Provided^ That any perfon confidering himfelf aggrieved by fuch judgment, may appeal to the next coyrt
6^ New-Ha,ndver county, firft giving fecurlty for the profecuting the appeal ijj like manner as is direiled 1786. 427
by law upon other appeals from juftices of the peace.
III. And be it furthtr enaSed by the authority ahrefaid. That the number of bar pilots for the river Regulationg as
fotefaid be reduced to four, and that any two of them (and no more) may enter into partnerfliip together: t" iJ" and nvet
and that the number of river pilots be encreafed to fix, who may by no means enter into partnerfbip with
each other.
IV. And be it further enaBed by the authority of or ef aid t That each and eVery pilot of the faid river (hall Regulation as
keep at leaft one apprentice, and inftruft him in the art and myftgry of a pilot ; and that each of the faid to apprentices,
pilots may keep two apprentices and no more, which faid apprentices upon being authorifed by the ma-
jority of the faid commiflioners, may pilot any velTel which their feveral matters are entitled to pilot, for
the behoof and emolument of their faid matters without let or moleftation j fubje£t however to the fame
regulations as the faid pilots are.
V. Atid be it farther enaSed by the authority ajorefaidt That the faid bar pilots ttiall take veflels over the Bounds of bar
b ar to fort Johntton only, and from the faid fort to fea ; and that the faid river pilots (hall take veflels from ^'^'^ riverpilota,
the faid fort to Wilmington, and back again to the fort j for which the following fees ftiall be allowed
and no more, viz. .*..'.
VI. The fees altered, 1190,8.
VII. And be it further enaSfed b$ the authority afortfaid. That when anyyeffel, fhall come over the bar be- ^^°^^'' *^ **"
fore a pilot boards her, (he (hall pay on'y one-third fees for coming in ; unlefs when it may happen the
weather is fo bad that no perfon can board a veffel, in which cafe if he (hall hail her without the bar and
flie (hall follow him into port, he (hall be entitled to full fees.
VIII. And be it further enaSled by the authority afore/aid. That the faid Commiflioners of navigation be and New inlet pi-
they are hereby empowered toauthorife any two perfons, either of the bar pilots or others as to them 'o**«
{hall feem convenient, to aft as pilots for the new inlet ; who on bringing vefl"els in at the faid new
inlet and up to Five-Fathom-Hole, and mooring there if required by the matter, (hall be entitled to the
fame fees as are herein before allowed for bringing veflels over the aforefaid main bar, and the fame for
carrying out from Five-Fathom-Hole to fea through the faid new inlet.
IX. And vtrhereas the pilotage of the faid river has been greatly injured by the delay which the pilots Pilots' fees
have fufFered in obtaining their lawful fees, owing to the tedious mode heretofore in ufe for recoveiing '^"^ recovered,
the fame ; Be it therefore enacted by the authority aforejaid. That all demands for fees due to pilots of the
faid river not exceeding tvventy pounds, (hall be recoverable before a juttice of the peace, agaiaft the
matters or commanders of veflTels ; whofe bonds entered into at the naval-office, may be put in fuit for the
faid pilots fees before fuch juttice ; who on due proof thereof (hall enter up judgment for the fame and
iffue eixecutioti therefor immediately. Provided, That the party caft may appeal to the next county
court, in like manner as direfted in other cafes of appeals from a juttice of the peace. And provided.
That where fuch judgment ttiall be had in favour of any pilot for fees due him, if the defendant fliall
appeal, and the judgment of the juttice ftiall be confirmed by the faid county court, the defendant fo
appealing ftiall be adjudged by the faid court to pay damages to the plaintiff in fuch cafe, equal to one
half the amount of the judgment fo appealed from.
X. And be it further enaHed hy the authority aforefaid. That all laws and claufes of laws which come Former laws
within the purview of this a£l, be and they are hereby repealed and made void. . repealed.
XI. And be it further enaSied by the authority aforesaid. That the commiflioners of navigation for Port Additional
Beaufort, or a majority of them, do from time to time make to the bar and river pilots, fuch additional f««*"
fees and allowances to thofe alredy eftablilhedby law, as they may think juft and reafonable, until the
genwal aflembly ftiall otherwife diredl.
An aSi for appointing the place of holding courts of pleas and quarter-fefftons in the county of Sullivan. Tem- chap. 5*.
fORAnr.
Aft act to annex part of the county of Granville to Warren. CHAP. 65.
WHEREAS the annexing a part of the county of Granville to Warren will tend greatly to the eafe
and convenience of thofe inhabiting the fame :
I. Be it therefore enoBtd by the General AffemUy of the fiate of North-Carolina, and it is hereby enacted
hy the authority ofthefam^ That from and after the paffing of Uiis aft, all that part of Graaville county in-
4^8 rss. ducted within th« fdlloAsnng bourula, vi7. beginning at the ^omt where the hne of divifion between War-
.^..^v*^ ren and Granville counties (hall touch the line of divifion between thts ftate and the ftate of Virginia, and
running thence weft along the faid line to Nutbufh creek, thence up.faid creek as it tneandt-rs to the mouth
of Anderfon's fwamp, thence up the faid fwamp to the fork, thaiice up the fouth fork of the faid fwamp
to Stark's mill, thence by a line to be run due fouth until it fliall touch the aforefaid line of divifion between
Warren and Granville, be, and the fame is hereby annexed to, and (hall be and remain a part of the county
of Warren : Provided^ nothing in this aft fhall be ur.derftood to prevent the fherifFof the county of Gran^
ville from colleding all public taxes now due in that part of the county which comes within the defcrip^
tion of this afl:.
II. {Unnecejfary to he in/erted.']
THE TITLES OF THE PRIVATE ACTS;
9 An afl to amend an a<ft for dividing Guilford county.
19 An »&. to empower the several county courts therein raenti-
oned to lay a tax annually, not exceeding three years, for
the purpose of erefting or repairing the ceurt-house, pri-
son and stocks in each county when necessary, and for
defraying the contingent charges of the county.
24 An aa fot- the relief of George Laine Moore and VViUiatn
Jdnes.
25 An aa for raising money by a lottery, for the purpose of
building a house for the reception oi the poor in Craven
County.
36 An additional aA to an aft, ctititl^d, " An aft for the regu-
lation of the town of Newbern, and for other purposes "
27 Ao aa to authorise the late commissioners of specific sup-
plies for the Several counties therein mentioned, to col-
lea the arrearages of specific taxes yet due from the inta*"
bitants thereof, ■
2$ An additiorta! aa to an aft. entitled, " An afl to amend an
aa passed at Newbern, the first day of December, one
thousand seven hundred and sixty six, entitled, An aa
fo* establishing a school-house in the towe of Newbenl."
29 An aa for improving the rav'gatfbn of Newbern
51 An aa to repeal part of an aa (.assed at Newbern, the twen.
ty ninth day of Decerrtber, seventeen hundred and eighty-
five, entitled," An aa for destroying wolves, panthers,
bears, crows and sai^-.nels in the several counties thewjn
mentioned."
33 An aa for the better regulatirn of the town of .Hillsborough.
S5 Anaa for the better regulation of the town of Halifax, and
extending the liberties thereot ; and for altering the mode
of lay inf, and levying taxes in the town of Edcntoh.
Sr An aa to release the state of John Anderson, deceased, late
,of Gu'lfotd county, from the forfeiture of a recognizance
Entered into for the appearance of a certaih John I^'iio-
ry betore the superior court of Salisbur> distnct.
41 An act to amend an act, eniitled, "An act for reguliting
the town of Salisbury in the copnty of Rowan, ittid for
regulating the town of Wmdsor in Bertie county."
42 An aa to, alter and amend an adt, passed at Hillsborougti,
in May, 1783, entitled, " An aafor repairing the court-
house and iiiison in the town of Salisbury, for the ds-
tria of Salisbury ,• also one other aa, passed at Newbern
in November, 1784, entitled. An ail for levying a tax
m tiie counties in Hillsborough and Salisbury distrias,
fcr the re|jairing the distria buildings iti the towns of
Hillsborough and Salisbury, and direfling the rr.etliod of
c;.lling to account all ccnmissioncrs of public btiilriings
he tetof ore or hereafter to be appoirted;" also to alter
atid amend the several laws now in foVce for ereairig arid
repairing the public buildings in the disttia of HiUsba.
rough.
44 An aa to establish a tovn on the east side of the north-east
pf Cape-F^ar, iji Duj^lift cbVJift)-, a«d foir Etddiii^ Alex-
ander Martin, Esquire, to the board of commisjion*^ «
for the town of Martinville, in Guilfdrd ceur:ty. " ;
45 An aa to establish a public insi>eaion of tobacco ita tire towik '
of Salisbury in the county of Rowan, ^
45 An aa to confirm unto Richard Dobbs Spaight an indeieajr '■),
aiblh title to certain lands therein mentioned in Bladen ?^
coiinty. •
4? An aa to keep open Cape-Fear, Uharie, Hockey river of ,i
Pee Dee, the Catawba, Deep river, the Yadkin rive% '
Dan, Haw river ind Rockey riVer for the passage of
fish up the same. ■ ■■
48 An aato emincipate Caesar, formerly a servant of Samuel
Yeargan, deceased.
51 An aa to establish the late stirvey and plan of the town oF
'I atborough, as made and laid down by the direfiions of
the comm'ssioiltrs composing the body politic and corpc^
i^a e of the sa.d town, and to amend aniS, entitled, '• at^
aa for the better regulation of the totvn of Tai borough."
32 An aa for empoweiing the Court of Chatham ctiunty to ad-
journ to the town of Pittsborough in said county.
63 Au aa ereaing a town on the lands of Matthew Figures, In
JNorthamptoH county, or the south side of Mtheriin ri«
Ver. •-
S3 An aa for alterir g the names of Walter Ho^g and Gaviif
Hogg to those of WalttV A Ives and G:ivi^ Alves, thd
jname of James Majon to that of Jamjs Isham, and tj-<s _
name of Jonathan fiallinjfr lo that Of Jonathan Parker.".
56 /uri iiVw enable the executors of Robert Hogg, d'iceased, td
maintain and defend suits under the regulations thareik '
mentioned. -
57 An ad for the jnspeaion of tobacco at Anson court-house, ti
58 An ad to ehiiiicipate Hanrtah alias Hannah Boiv-ers, a 'le)'-
ton of mixed bio-xl, belonging to the estate ofthclai:e j
Alexai'det Gaston, deceased. I
$9 Anaa tor establishing a town on the lands of William Muro !
■ free, on iVlfehermi riycr, in the coiiaty ol' Hertford, '
60 Ari adt itii" the inS][)>;aioft of totiicco at Jo: t ph Green's, in i
•' \V a) i.e county.
61 All act lor eri-bluig certain persons to prrfea a canal between ]
Sciijpernong river and tiie lake near its head.
62 An adoiuoi aj aa to an afl, (entitled, " ah aft to prevent the i
Scv^tul sptc-.cs of hurting therein mentioned." j
63 All afi to euipow er the wardens of vhe poor in the county of j
Grti>;f:lH- to fell ihe^glelie in said county. (
64 An act forereajig an academy at the tdwn of VV'airenton, j
II. the district of Halifax, ! f
65 Anaa to£nable WiHiam Moore, late sherifT of Buike coun- j
ty, to coilea all the taxes due from the said county for the J
year one thousand sevtu hui:dred arid eighty-five, and to 'i
allow liim a iunlier time for settling tor his coUeaionj [i
with the treasurer.
C7 An &CX for tStablibhing an academy at the place heretofore
c!illi«il WWtalborcugb, in the county of Pitt ( aud foridte^
injj the name cf Martinboroogh to that of Ortfensville.^
68 An a<ft for the promotion of learning in the county of Chat.
ham,
69 An adi te vest in trustees certain powers for the benefit of E-
lizabeth Torrens and her children.
70 An afl for cutting a canal from Curritucfc sound to the In-'
dian r dge, and from thence to the head ot North river,
or as far as the commissioners herein named shall think
proper,
71 An a<ft empowering commissioners to dispose of the lands
and glebe, the property of St. John's parish, formerly of
the county of Bute, now in Franklin,
72 An aft to vest the title of a piece or parcel of land lying in
Jones county, in Howel Brown and his heirs, in fee-sim-
ple.
73 An aa for levying a tax in the distrifl of Edenton, for biiild-
ing the gaol of the said distrifl.
74 An a^ to amend an aA passed at Hillsboroagh, in the year
one thousand seven hundred and eighty- two. entitled,
"An ait to vest the title of a certain traft of land in Ro-
bert eummins."
75 An aA to appoint commissioners to carry on and finish the
public buildings in the county of Anson.
76 An zA for establishing a town on the lands of Andrew
Bass.
77 Anaft to^ereft and establishing an academy ia the county of 1786. 42d
Franklin.
78 An aft for establishing a town on. the land of Robert Bur-
ton, esquire, hi the county of Granville.
f9 'dn aA appointing commissioners to fix on a convenient
place for holding the courts of pleas and quarter-sessions
in the county of Washington, and for vesting the com-
missioners herein mentioned with full power to call out
of the former commissioners hands such sums ofmone/
as may appear to be due in their hands.-
80 An a3 for altering the manner of holding the annual elec-
tions for the county of Hyde.
81 An act for establishing a town on the lands late the property
of William Petty, adjoining Chatham court-house, as
laid off by the trustees named in the act of the last gen-
eral assembly, entitled, •• An act for establishing a town
on the lands of Mial Scurlock, deceased, in Chatham
county," for appointing commissioners for the regulation
of s^id town, and repealing said act,
82 An act vesting certain lands therein mentioned in John Col-
son, son of William Colson, in fee-simple.
83 An act to extend two acts passed at the last general assem-
bly held at Newbern, concerning the county wardens of
the poor and tobacco inspection to the county of Chat-
ham,
Read three tin&es, and ratiRed in Geqeral^Asseijibly, the si^cthl day of January, Anno Dom. 1787-
James Cook« s. s.'
John B. Ashe» 5. c.^
Vou I.
58-
4*0 17«7.
nMHMMMMrfBM
55555
PicnAUD ^t a GENERAL ASSEMBLY, begun and held at Tarborough, on the Eigh*
ts^ci^ Governor. tecnth Day of November, in the Year of our Lord One Thousand '.Seven
Hundred and Eighty-seven, and in the Twelfth Year of the Independence
of the said State : Being the First bession of this Assembly.
CHAP. 1.
Ste i.eatv of
jieace hereafter
pu'jli^hed in
this coUeflion,
Treaty with
G. Briuin to
be the law of
the land.
CHAP. 2.
^'ernpoirary,
CHAP. S.
Fees of inspect-
ors.
Altered, Vol. 2.
219.
Persons to as-
sist the inspect-
Inspedlors to
judge of their
behavior, &c.
Inspcflors not
to take greater
fees than this
»il allows.
Jin a^ diclaring the treaty of peace between the United states of ■America and the hng-tf Great-BritaiKt to he
part sf the lanv (if the land,
I. TT^ E it eaa5Jed by the General AJfemU^ of the date of North'CaroKnay and it it hereby enacted by the authority
\% ofthsfamey Th it the articles of the dei'inltive treaty between tlie United States of America and the
King of Great-Britain, are hereby declared to be part of the law of the land.
II. And be if further ena^ed by the authority afore/aidy That the courts of law and equity are hereby de-
clared in all caufes and queftions cognizable by them refpefting the faid treaty to judge accordingly.
An oBfar levying a taxfoX tbefupMrt of government^, and for the redemption »fth« old paper currency y coffii-
nental monyy and fpecic and other certificates.
An aB to regulate the infpeBion of to'acco in this flat e.
WHIIREAS by the laws now in force in this flare for the infpetSlion of tobacco, frauds may be conv-
mitted : Tor remedy whereof,
I. Be it enacted by the Gen ral Affembly of thefiate of North-Carolina^ and it is her thy enacted by the autho-
rity of the fame, That from and after the pafling of this aft, the infpeftors that are or (hall hereafter be ap-
pointed to infpeO: tobacco at feveral infpe£lions within this ftate, fhail and may take and receive
for each hundred weight of transfer tobacco by thqm infpedted, the fum of fix pence, and fo in propo^r-
tion for a fmaller quantity, and no more ; and the turners up of tobacco as hereafter to be appointed, may
take and receive the fum of three (hillings for each hoglhead heor they fliall turn up and cooper, and no more.
II. And be it further enaSiedy That any number of perfons not exceeding ten, (hall be appointed by the
court of the county where fuch infpedion may be, to turn up and cooper tobacco, and tliey (hall hold their
appointment during good behaviour.
in. And be it also enaSied, That the infpeaors at each and every infpeftion (hall be a judge of the be-
haviour of the faid turners up, and if they in their opinion find the faid turner or turners up deficient in
his or their duty, the faid infpefilors (hall and they are hereby required to report the faid turner or turners
up fo mifbehaving, to the court of the county in which they are appointed i and if he or they (hall be
found guilty of the charge alledged by the faid infpeftors, in that cafe the court is hereby direfted and
required to remove fuch perfon or perfons from the faid appointment, and appoint another or others in
his or their (lead. Provided, That any perfon bringing tobacco to any of the faid infpeftions, fuch
perfon is hereby entitled either by himfelf or otherwife, to turn up, pick, prize and cooper his or their
own tobacco, and to have free accefs to any of the prizes erefted by the county where fuch inflec-
tion is, for the purpofe of prizing the fame ; And if any difpute (hould arife between the parties bring-
ing tobacco to any of the faid warehoufes, the right of preference to the faid prizes (hall be determined
by the infpeftors.
IV. And be it further enacted by the authority aforefa'xd. That if any of the infpeaors at the feveral infpec-i
tions in this ftate, (hall take antl receive any greater fees than are by this aifl allowed, he or they fo of-
fending, (liall upon conviftion thereof, forfeit and pay the fum of five pounds for each and every o(Fence,
to be recovered before any jurifdiclion having cognizance thereof, by any perfon fuing for the fame, to
the ufe of the profecutor.
V. Repealed. 1790, 65.
VI. And be it further enacted by the authority aforefaid, That the court of each county where a public in,
fpeaion of tobacco is eftablilhed, fliall at their firft court after the pafling of this aft, appoint two perfons
ftillecl ia tobacco to be pickers, whonlvall be entitled to the following fees for their fervioes, viz. for each 1787 431
and every hundred weight of tobacco by them picked and prized, one fifteenth part; and (hall take the '^-^^^
following oath or afErmation : ' Appoi.nraeat
«' r A. B. do fwear Cor affirm as the cafe may be) that I will faithfully pick all tobacco which may be "^P''^^"^f
I* j[ pert into my poffeffion for that purpofe, without fraud or da'mage to the owner, ilK:irdu:y, &c
SO HELP ME GOD."
And each of the faid courts (hall and may appoint one of the pickers to atfit in the room of either of the
infpe<aQrs, at any time when fuch infpeaor may be incapable of attending, who (haU take th^ oath in
manner prefcribed for kifpedors, and fuch picker may be called on to give a cafting voice fltould the ini-
Ipeftors difagree in the infpeftion of any tobacco, and the faid picker when attending in lieu of either of
the tnfpeiflors, may receive the allowance of the faid infpe£lor for each hogQiead of tobacco he (hall in-
j^d .• Pravided, That the picker by whofe voice any tobacco (hall be condemned (hall not be allowed to
have the picking thereof, and that when the picker is fo appointed by the court, he (hall be invefted with
the power of infpeflor, in cafe of inability of either of the infpe£lors io appointed, until the next county
court, or until the inCpe£lor can be prefent. Provided neverthe/efs, That upon complaint made Lo any of
the faid courts, againfl either of the faid pickers, the court where fuch complaint is lodged (hall and is
-hereby dkei^ed to enquire into the nature of the complaint, and if it (hall appear that the picker or pick-
.ers, againft whom fuchcomplamt hath been lodged, has been guilty of any mifbehaviour in the execution
of "his duty, fuch court (hall remove him or them from faid appointment, and appoint another or others
in hi« or dieir ftead.
VIL And be it further rfiaSed by the authority a/orejaidf That all laws heretofore made, that come with- Former laws
in the purview and meaning of this a£l, are hereby declared to be made void. rejciled.
Att act for tfeviftngand collecting the acts of the General Ajfembly of the fiate of North- Carolina. CHAP. 4-.
WHEREAS it is necelTary that the a£ls of the General AflTembly now in force in this (late be revi-
fed and collefted '.
I. Be it enaSied by the General Affembly oftheflaie of North-Cardlinaf and it is hereby enaBed by the au- Commlstoier
thority of the fame ^ That James Iredell be, and he is hereby appointed a co:.nmi(rioner to revife and com- ^PP°'"'ed to
■plete the afts of the general a(remblies of the late province and prefent (late of North-Carolina, and to crasymblT,'^
infert the charter from the crown of Great-Britain, the Lords Proprietors great grant and the conditution &c.
of this (late, together with the treaty of peace between Great-Britain and the United States of America, ^"^- ^' ^^
and the confederation of the United States exifting at the time fuch revifal (hall be publi(hed ; • and fur-
ther the faid commi(rioner is hereby authorifed and directed in revifing and coUeding faid afls, to leave
out all laws repealed or obfolet^, all private a£ls, and all afts on which no queftion of property can arife ;
and further the faid commilhoner is hereby required to fee the faid atls printed in the fame order and in
the fame words in which they now (land, with marginal notes of the contents of each feflion, a marginal
reference and a copious general index with reference to each a£l and the contents oi each fedion.
iXhe refi had its effea or repealed^ 1788, $.]
An aB topnveiit thefts and robberies ly flaws t free negroes dni mutattoes. CHAP. 6.
WHEREAS it is reprefented that (laves and free negroes are encouraged to rob or (leal from the in- Vol 2, 8,
habitants all kinds of produce, by the facility with which they may conceal and difpofe of fuch
produce to the matters of tradbg velTels in the feveral bays, harbours, creeks and rivers witllin this (labe ;
I. Be it therefore enacted by the General Affembly ofihefiate of North-Carolina, and it is hereby enacted by No slave, &c.
the authority (f thejame. That from and after the pa(hng of this a£l, it fh ill rot be permitted for the mafter ^° ^^ ! «■' "I'^d
or Gotnmander of any veffel to entertain any (lave, negro or mulatto on board fuch velTel at any time between ^^^^J^^x fn°jjf
fun-fot and, fun-rife, nor during the fabbath-day, unlefs fuch (lave, negro or mulatto as (hall belong to the nij ht or on the
v€(rel, or flaall have a pafs from his, her or their mafter or miftrefs, or from fome juftice of the peace, ex- sabbath-day
prelTitjg the time when and the bu(inefs for which they go on board : and if any (lave, negro or mulatto ^''''^o^' a pass,
who has not i»ch pafs, cht is not ftatedly employed on board the veflel as one of the hands, (hall be found "^
on board any veffel in any bay, harbour, creek or river within this ftate, on the Sabbath-day, or in the night
between fuu>-Cetand fan-rife, he (hall be piefumed to have been difpofing of (lolen goods ; and the mat-
ter or commander of fuch vefle], on complaint and convidlion before any two juftices of the peace (hall be
fubjeil; to a fine for eatertaiument of fuch flave, negro or mulatto of five pounds for the fir ft offence, and
4-32 1787.
Pen. for free
negroes, &c.
er.tertaining
slaves, See.
Per. of free re^
groes, &.C.
irarrvmg a
slave, &C.
qjIAP, 7.
i^nt^, p. 409,
Persons indict
ed vo give
bot>d, 8i.c.
ten pounds for every fucceeding oflfence, to be applied to the ufe of the poor of the county in which {uch
convidion fhall be had : but any perfon diflatisfied with the judgment of the faid twojuftices, ftiall have
the right of appealing to the court of the county, the determination whereof (hall be final ; the perfon ap-
pealing to be fubjedl to the fame regulations as in the cafe of other perfons appealing from the judgment of
a judice. . - rr rv j l •
II. And whereas the property of many of the citizens of this ftate may be greatly affected by permit-
Jing a private intercourfe between flaves and free negroes and mulattoes : Be it enacted by^ the authority a-
fore/Ad, That if any free negro or mulatto (hall entertain any (lave in his or her houfe during the fabbath,
or in the night between fun fet arid fun-rife, he or (he (hall for entertaining fuch flave be fubjeft to a fine
of twenty (hillings for tha firft offence, and forty (hillings for every fubfequent o(Fence, to be recovered
on convidlion before any one juftice of the peace, and applied to the ufe of the poor of the county in which
the offence (hall be committed, faving to the party the fame right of appealing as aforefaid. And in cafe
the faid free negro or mulatto (hall jiot be able to pay the fipe aforefaid, the condable who (hall have at-
tended at fuch convidion, (hall hire out faid free negro or mulatto to the perfon who (hall take him or
her for the (hortell fpace of time in payment of the faid fine with cofts, the faid conftable having previouf-
ly iidvertifed at lead ten days at the door of the court-houfe and other public places of the faid county,
tnat fuch negro or mulatto would be hired out for the purpofe aforefaid ; and the perfon who (hall hire
fuch free negro or mulatto, fhall be bound to pay at the tinie and place of fuch hiring the amount of the
fine with cofts as aforefaid.
Ill- And be it further enaSied by the author 'ty afore/aid, That in cafe any free negro or mulatto (hall from
and after the palTing of this aft, intermarry or cohabit with any (lave, without the confeht of his or her*
mafter had in writing, and attefted by two juftices of the peace, fuch free negro or mulatto (hall be liable
and held to pay t.o the mafter or miftrefs of fuch (lave the fum of ten pounds ; and on failing to pay
fuch fum, (hall be held to fervice to the mafter or miftrefs of fuch flave for and during the term of oiie
year.
An a& to amend an aB entitled " An acEi to bring to condign punKhmetit, and to fecure their eftates fo 3$
to be anfwerable to the public, the perfons therein defcribed, accufed of certain crimes and fraudulent
praftices, and to indemnify fuch perfons as have afted in purfuance to certain refolutions of this affem-
bly from vexatious fuits and profecutions, and to eftablilh a board for thedeteftion and further difco-
very of the faid fraudulent praftices, and for fettling and. liquidating the accounts of the officers and
foldiers of the continental line," to give the public a further Jecurityy and to relieve the creditors tf perfons
luho have been prefented or indiBedm confequence of the faid aB,
WHEREAS by the fifth fe£lion of the faid a£i: it is required and ena£led that the perfons prefented
or indi£l:ed at a court of pyer and terminer held under the faid a£l, (hould tnter into bond with
good and fufficient fureties before the judge or judges of the faid court, in double the amount of the due-
bills drawn by fuch perfons refpeftively out of the office the commiffiDners of army accounts, that they
will not tranlport their property out of this ftate, or leave this ftate for twelve months and till the end of
the next general alfembly ; ^nd by the tenth fe£\ion of faid aft: it is cnafted, that fuch perfons are and
(hall be held ?nd deemed incapable in law of alienating and difpofing of any of their eftates, real or per-
fonal, in any manner whatever, until the end of this prefent general affembly ; And whereas the iniiocent
creditor of fuch perfons have been injured by fuch difability ; wherefore, '
' \. Be it enaBed by the General Affembly of the Hate of North-Carolina, and it is hereby enacted by the author
rity of the f. me, That each and every of the faid perfons fo prefented or indifted as aforefaid, (hall ente^'
into bond with good and fuffic*ient fureties before the comptroller of the ftate in the full amount of due-
bills and certificates, together with the intereft drawn for themfelves or received in the names of others
by fuch perfons refpeftively out of the late office of the commiflioners of army accounts, erefted under
an aft paffed at Newbern, jn the year one thoufand (even hundred and eighty-five, entitled, ** an aft to
empower commiffioners to liquidate the accounts of the oificers and foldiers of the continental line of this
(late, and to revive the late boards of auditors for a limited time," fuch bond to be conditioned that they
will well and truly pay to the governor for the time being, or his fucceffor in office, for the ufe of the
ftate, fuch fum or fums of money as may appear hereafter to have been Illegally or fraudulently drawn by
them out of the treafury of this ftate in confequence of the faid due-bills, and alfo the amount of the cerii
tificates by them frjiudulently drawn from the commiflioners of army accounts as aforefaid,
1
IT. yini he if f;trther enartei h f^e authority aforelcM^ That if fuch perfbn or perfcns as aforefaid (h Jl 17S.7. 43$
rot, on or before the firft day of M?irch next, enter into bond as aforefiii<i» before the coniptroliet of the K^n'-^r-^
ftate as aforefaid, then and in that cafe they (hall beheld and deemed liable. to the pains and penalties, for- Pen. &c £->»
feitures and difablUties defcrihed and enacted in the fifth, feventh, eig',hth, ninth and tenth fedXions of the u^''"^^,'^'* ^'^*'
faid tlQs. pafled at Fayettevi'Ie as aforefaid ; wjiich faid feflions of faici ad^te are hereby continued and de- °
dared to be and remain in full force and efficacy againft all and every of thiC faid perlbns who (haUor may-
refufe or neglec?^ to take the benefit of this aft. Provided nevertb eief^, That fuch o£ die faid perfoiis as _ .
are row in confinement, or fhould remain in fuch fituation^ may enter into bond as afarefavd before three '^^'^'^
juftices of the peace, ,to be fummoned for that purpofe by the; llleriff of the county wfiierein fuch perfon,
may be confined •, whieh bond the faid juftices fhall tranfmit tO' tlae co^uptTaller's office, within three months
under the penalty ojF fite h«a4red pomuts, to be; ftted atwfe i!e«aav0rBc£ m the name of the gpverac^:, for the
ufe of the ftate.
An ati tartlireci the a^pHca^en ef^Jack fuffe taAaieear our edrendkf is ar k'reafier rmnyi Sp ftwrckafcd by the chap. 8:
commiffi'onersjo^r that pv.vpoft afporwtrdlby tk." i(^ft g niral t/ffaf/tMy. Antep 423.
I E itenaSied by tke Ginerai A^emhiy of the Bate.of Nanth-'CafvEna^ and it is hereby enacted by the author Purchasers oi
rityofthejame. That it fhall be the duty of the commiiEoners appointed for purchafing to- 'obacco.tbert
'6b£Co for tlie ule of this ftate, fro make qiaarteriy returns of the quantity and qiiaSitr, with the names of "'^'
the perfoos of whom purcha'cd, with the net weight and price by them given: Sor every hundred weight
fo by th^m purchafed, to the governor for the time bedng, who together wicii the cauacil of ftate fhall take
ordtr from time to time and as early as may be for the difpofal of fuch tobacco for the hightft price that
can be had for the fame, fo that the proceeds of fuch fales fliall be fubjed; to the order of the board of ^"'^^^ of the
tieafuty of the United States, and (ball be caorried to the credit of riiis fbte in account with the United counci"."'^ ""^ "
Sti!te&, in difcharge of fo much of tfe* intereft of the foreign debt due by the United States, for which this
ftate is or rn^y be liable^
' II. And be it furtbsr moEledy That the fecond aad third Ittffcions of an aft of the lafl general afTembly, Part of a form.
entitled^ <♦ an aft to amend aa aft, entitled, an aft for emitting ©ne hundred thoufand pounds paper cur- er act revived,
reiicy for the purpofes therein naentio):ed, for appropriating the tobacco lately purchafed by virtue of faid
? "■; :owards difchargirig the intereft of the foreign debt due by the United States, and for making provifi-
< for tJre future difdiarge cf the princip<d and intereit of the faid debt ;" fhall be revived and govern the
I rchafers for one year longer. Provided neiierthclefsy The commiffioners fhall not be at. liberty to pur-
i, lie any tobacco bur fuch as fhall be of the firft aaid fecond clafsor quality.
Ill, And he it fwth r etiactedy That all conti^ail* fortobacco made and entered into before the paffing Former coji»
of tliis aft^ fhall be held and deemed to be oaehaSf of the firfl quality and the other half of the fecond **"*«
j(^taiity„ and ail verdifts and ju^ments fhali' be given accordingly.
dn act dteeSihg ike iuhy ej naval-ojicers, and of all majferr efvfffel cotm'rg .nto any oj the ports or inlets bf CHAP. 9.
thisjtutt. Superceded b]|>
the authortty of die United States under their constitution*
Jna9'fsr^:=:ingtJ}ef,'tiaifi.tilementafttnUquidafid claiimagainfithifjlatef and agaitifl the United Siate^ CHAP. 10.
ivitbia. this Sate, Vai 2. 29, 48j
WIT1M.EAS k is neceflary in order to prevent ftrauds in the- liquidation of claims againft this ftate,
t^.at the n-.ode of fettling the fame fhould be uniform .•
L Sf k tAtivefire fttuSttd by the General AJfcmbly oJ ihe/inte oj Nartb~Carolir.a, and it is hereby enaEled ly the aU" Claims to be
thifiij efthe famet That all perfoos having unliquidated claims againft the ftate pertaining to the late commif- ^^'''''"^'L"?.
fary^ quarrer-mlter, clotlver, marine or hofpital departments, or other unliquidated claims of whatever jg^*^"
nature, fiiidi exhibit fuch claLms to the comptroller for fettlement within twelve months from the date -
hereof J and all accounts not exhibited as aforefaid, fhall be precluded from fettlement or allowance.
II. Be it enacred by the authority afarefaidy That the compti oiler is hereby authorifed to receive the Whoshallpasi
faid accounts, and to pafs upon all fuch as are authorifed by the refolves of ccngrefs or by the afts or re- *"^ repoitth^
folves of this ftate, and fupported by proper vouchers, fo iar as it refpefts the evidence in fupport of the '
-faid claims, and to receive fuch as are not thus warranted or fupported, with fuch remarks as may explain
the nature o£ thelie accoimts, and the reaiiens odbred for the deficiency of vouchers, andteport the fame
Vol. L 5S
484 [''S?. in "alphabetical order to the general affsmbly, and to the' commiflioner appointed to fettle the accounts he- i
K^'^f^ tween the United States and this flate, to be adjufted according to the provifion in the ordinance of con- J
grefs for allowing fuch advances or difburfements as may have been made by the citizens for the ufe of '
the union, although the fame be not fandiioned by tlie refolves of congrefs or fupported by proper vouch-
ers. - \
III. And he it further enaSIed, That all claims in future fhall-be "exhibited to the comptroller, and all !
perfons making or demanding the lame, fhall take and fubfcribe the following oath or affirmation .• •
Oath to he ta- •' T A. B do fwear or affirm (as the cafe may be) that the claim by me now exhibited is juftly due, that ^
Jten by claim- t( J[_ jt has not been rejefted heretofore by any of the auditors of this (late, or by the comptroller or any 1
ants, c. „ committee of the general aflembly, and neither by myfelf or any other perfonhave I received fatisfac- ■>•
«' tion for the fame or any part thereof." '
Which oath or affirmation Ihall be endorfed thereon, or annexed thereto ; and the comptroller, or fome .J
juftice of the peace of the county wherein he may refide, is hereby empowered to adminiller fuch oath J
or affirmation : And the comptro'ler on receiving fuch claim and certificate, Ihall examine whetlier it is .
covered by any refolution of the congrefs, or any refolve or aft of the general aflembly, and reje£l or al- \
low the fame accordmg to the right of demand founded on any fuch refolution or a<Ei, and fhall enter all I
fuch as are well founded in a book or books to be kept for that purpofe, under an account to be raifed be- -
tveen the ftate and faid claimant, and fliall file thofe rejedled according to the county and date in his of- '
fice ; and further faid comptroller fliall at the fucceeding genaral aflembly lay before them a tranfcrlpt of ,
all allowances by him made, with the vouchers, that the aflembly may take order thereon. I
Claims to be IV. /Ind be it further enaHed, That no claim, draft or warrant from the governor or any one elfe, except \
entered with t}jg certificates for the fervice of the members of the general aflembly and their clerks and waiters, and ;
befbre'paid? ^^ ^^ certificates of the clerks of the fuperior courts for the falaries of the judges and the attorney-general, ■
(hall be paid by the treafurer, coUeftor or other receiver of the public revenue or taxes, until fuch claim \
draught or warrant fhall have been entered in the comptroller's office and charged to the perfon or per- j
fons drawing the fame, with the comptroller's order endorfed to the treafurer or other receiver of the ^
public revenue to pay the fame, and no claim, warrant or draft (except as before excepted) fliall be al- ■
lowed in the fettlement of the account of any treafurer, colle£l;or or receiver of the public revenue or ";
taxes, but under the foregoing rules and regulations \ any law to the contrary notwithltanding. j
w
CRAP. 11. An aB for hiring out perfons conviSled on indictment or prefentmenty not being able or willing to pay the fees of
office and gaoler* s fees.
"HEREAS many perfons convicted on indictment take the benefit of the infolvent aft, either
neglefting or refufing to pay fees of office, and flierifFs and gaoler's fees, to the great injury of
the citizens of this ftate : For remedy whereof,
''n"*^&c*'"o'^ I. Be it enacted by the General AJfembly of thefiate of North-Carolina^ and it is hereby enacted by the authori.
paying fees!°to 0* of the fame, That all and every perfon who fliall be found guilty of any charge exhibited againft him
be hired ont. or them by indiftment or prefentment, and ftiall be unwilling or unable to pay the office and gaoler't \
fees that are or may be confequent thereon, fliall be hired out by the flieriff of the county where fuch J!
perfon is or may be convifted, for fuch time as any perfon will take him or them to ferve for the faid ^j
fees and charges, the faid flieriflP firft advertifing the time and place of hiring at leaft ten days previous !
thereto. I
CHlF. 12. ^n aS. for the more regular colliding and accounting for the revenue of this Jlate, for allowing the pub-
rol.2, 6. fif. treafurer a clerk., and for thi colUQion of arrearagtSi and to repeal the twelfth fiction oj an act
therein mentioned.
WHEREAS it is advifeable that the public accourits of this ftate (hould ift future be kept after a
manner different from the mode heretofore pointed out by law :
Sheriffs, &c to I. Be it therefore enaBed by the General AJfembly of the ftate of North-Carolina, and it is hreby etiaBed b$
settle with the fy authority of the fame. That for the year one thoufand feven hundred and eighty-eight, and each fuc-
c mp ro er. ceeding year, all flieriffs and other receivers of public monies, fhall fettle their refpeftive accounts, or
caufe them to be fettled with the comptroller of this ftate, the whole of which fettlements, except thofe
herein after excepted, ihaU be mad« in the months of July, Auguft or September in each and every
,..,r . :,«r1 \t fhall be t^ie duty of the comptroller on forming any fucK fettlement, forthwith to report the 1787. 435
I 'J^ln^^XeivoTflchJc^^^ tLft^te, fetting forth in fuch report (if a ^^^^
S :cr ^ thett'm^^^^^^^^^^ tax; and the treafurer ftall raife an account Co^^^^^^^^^^^
aianfteach anc^ every of fuch perfons and debit them accordmgly ; and in cafe any fuch perfon Ihall ,hUre«ute,.
Siolopear, fully pay vp and finally fettle for the fums fo reported agamft h.m or them on or before &c.
the firffiy of OaobJr iJeach year, it (hall then be the indifpenfible duty of the treafurer, and he is
hereby required to take judgment without delay for the feveral fums or balances due the ftate agreeable n,,„-„,„^
lo fuch reoorts to which fum in cafe the delinquent be a ftienfF fhall be added his commiflions, which how lo be pro-
ftaU be confidered as abfolutely forfeited to the ftate ; and it is hereby declared that la all cafes of the ceded against,
delinquency of fherilFs, clerks of courts, colleaors of imports, entry-takers regifters, vendue-mafters
and others Accountable for public monies, the comptroller's report fhall be held and deemed fufficient tef-
timony for the court and jury to found their verdia on. ^ , , r u i t f ^v ^ «
II. \r,d be ttjurther enWed, That it (hall be the duty of each and every of the clerks of the county f« - « a-
courtsin this ftie, to make or caufe to be made return of the taxable property of their cou-ities ref- ^t&deX
Deaively to the comptroller, on or before the firft day of December m every year, in which return (hall comptroller by
be exprefled each particular fpecies of taxable property in words written at full length, and every of the cle^^^ of -
faid cferks (hall at the time of making fuch return, {to nvtt,) in the month of December annually, alfo ty courts. &c.
make return of and fettle his accounts of fines and tax fees, and (hall obtain a copy of the fame figned Ante p^ 419
by the comptroller in his own proper hand-writing, which he fnall poft up in his court-houfe in manner VoU 2. &z, 83.
as is direaed by an aa of the general alTembly, entitled, « An aa to amend an aa paflTed at Newbern,
in December, one thoufand feven hundred and eighty-five, entitled, An aa for encreafing the jurif-
diaion of the county courts of pleas and quarter-feffions, and of the jufticesof the peace out of court,
ond direaing the time of holding courts in this ftate/' of all which fettlements the comptroller fhall with-
out delay make report to the treafurer as in other cafes, who ftiall take judgment in cafe of non-payment
""""nhjldbe it alfo enaaed. That it (hall further be the duty of the clerks at the tinie of making fuch ^^"'- f^^-
returns and fettlements, to furnifh the comptroller with a certificate of the names of his fecunties, and ^^J^^^^.^ ^^^^^
alfo with a certificate of the name of the (herifF of his county and his fecunties, the name of the en- ^jtiesto begi-
try-taker and his fecurities, the name of the regifter and his fecurities ; which certificates when certi- ven in.
"fied by the comptroller to be agreeable to the originals, (hall on motion of the treafurer for judgment
againft any fuch perfons be deemed equally valid in law with the bond of fuch clerk, (herifF, entry-ta-
ker or regifter, and the court ftiall give judgment and award execution thereon accordingly.
IV. And be it further enacted. That in cafe any of the clerks of the courts of this ftate (hall fail or neg- P«;^°; ^^*»
lea - to do and perform any of the duties hereby enjoined them, he or they fo failing or negleaing, (hall '"^ "^S'^". ««
forfeit and pay one hundred pounds current money to the ufe of the ftate j and it ftiall be the duty of
the comptroller to certify every fuch failure to the treafurer, who (hall on motion in any court of record
in this ftate be entitled to a judgment for the above mentioned penalty with cofts ; which judgment (hall
be founded on fuch certificate or report, and it is hereby exprefsly declared to be the treafurer's duty to
have the fame entered up accordingly. ^ .,.n/iiii
V And it is alfo further enaaed, That the clerks of the feveral fuperior courts in this ftate (hall be Duty of clerks
fubiea to and bound by this aa in every refpea fo far as the fame will apply to them, and in cafe of of the superior
neglea of duty fliall be fubjea to the like penalty as other clerks of courts, and all taxes on fuits both
in the fuperior and county courts, ftiall be recovered, levied and accounted for agreeable to an aa pafTed Ante, p. 372.
at Newbern, in the year one thoufand feven hundred and eighty-four, entitled, « An aa for raifing a But^e, VoL 2,
public revenue for the fupport of government, and to repeal an aa, entitled. An aa to fupprefs excef- •
five gamins i" and all clerks ftiall make their returns and account for the monies in their hands agreeable
to the faid ta, where it ftiall not be otherwife provided for by this aa j and every entry-taker, regifter
or vendue-mafter, failing to fettle his accounts agreeable to the true intent and meaning of this aa, (haU
alfo forfeit the fum of one hundred pounds, to be recovered in like manner as aforefaid.
■ Vi And be it further ena^td by the authority aforefaid. That it ftiall be the duty of the comptroller to Coraptroller to
taife an account againft and debit the public treafurer with the net amount of each account fo by him to °P-^-. -;
le fettled and reported as aforefaid, and in the fame to credit him by and agreeable to fuch fettlements ^°"™*«
L (haU hereafter make .- and the faid comptroller is hereby direaed to balance and finally do away fuch
Jcgounttas he ma^ alieady have raifed a^aiiift the ^ubUc treafurer fmce the firft day of January laft^
The tiea'suier
to be allowed
TVeasorer to
•ttend, &c.
atsuted tiires,
lorece've [nib-
ti£mqn«/, kc.
Hi5 power a-
gaiiist any he
suspect to have
|>iiblic mor.ey
i» his hAcds,
4SS ITST. VIL And whcreaatBe msascfiniSed enjoined the public treafurer render it abfolutely necelTary that h^
flioul'd be iurnifhed with- a. derk : Be it furthtr etiaBed^ That for the year one thoufand fcven hundred and
eighty-eight, and each fucceeding year, the treafurer of this ftate be allowed one clerk, whofe falary (hall
be one hundred and fifty gounds, to be paid hiin.out of the public treafury m half-yearly payments on war-
nmts to be Jraw;n by the governor.
VIII. And in. order ta enable the public treafurer the more f fiecJually to col!e£l: and recover fuch ar-
rears or other monies as may now be due the ftate .• Be it further enaBed by the authority afore/aid. That it
(hall be the duty ofi the treafurer of this ftate to attend by himfelf or his clerk at certain times in the en*
fuing year (and' as. ofteai afterwards as he (hall deem it neceffary) in each of the diftrifts within the ftate,
which time flidll be during the fitting of the luperior court of fuch diftrift, in order to colleQ and receive
from the inhahaiaats thereof the arrears or other monies by them or any of them due the public ; and the
faid treafurer is Bene^y declared to have power by himfelf, his clerk or his attorney, to fummon or caufe
to be fummonedanyr mhai»tant of this ftate whom he may fufpe£l as having public monies in his hands a»
gamilhee, to appear before any court of record in their county, or.diftrjd, and declare on oath whethef
they have in their hands public monies, or any of the property of any abfconding IherifF or their fecuririe*
and to what amount ; and every perfon fo fummoned who fhall fail to appear and declare on oath accotw
dingly, (hall forfeit the fum of fifty pounds to the ufe of the ftate, and (hall be further liable to be proceeds
ed againft in the fame manner as garnifhees are in cafes of attachments, fuch garmftiee being duly fervedfc
with afcire facias from the faid court before final judgment ftiail be entered up againft him : and th«8
faid treafurer as a reimburfement for his expenditures and trouble in this behalf fliall be allbwed a com.*
jniffion of ten per cent, on all monies fo by him to be recovered and paid into the public treafary. Pro4
viddy That bonds given'for the purchafe of confifcated property fold by any commiflioner of this ftai?,i
and arrears due by fherifls and others on accounts which have had their origin fince the firft day of JamriW
ry, one thoufand feven hundred and eighty-four, fhall not be conCdered as coming within the r?iieaning,off
this a£l, hut all other dues on monies of what jkind or nature foever, which were payable previwmy totli^
ikid firft day of January, one thoufand leven hundred and eighty-four, fhall be fo confidered;. -^
iX. and X. Obmlete. j
XI. And be itjurther ena£}ed by the authority aforefidy That from and after die paffingof tftw ^Stfi^K^-i
twelfth feclion of an a£l entitled, " An a£t direfting the fale of confiicated propeny,' paiTed at Bfewbem,
in the year one thoufand feven hundred and eighty-four, be and tlie fame is hereby repealed- and ma<£G»|
▼Old. li
Xin Ahd^SeStlkrther enacted^ That all aSs- and claufes of acJs direfiKng the duty of c^eifeib OToinj* |
returns and^ fettTements, which come wit hin the purview hereof, ihali be and the fame aie herebyrepedfe^ }
and made void. \
An act autho' i/irg and ricvtring the f serifs of. the fevcral counties in ihisjiate to brifig fuit, take iiztp poJJeJJt9tTp\
receive and make fale of ail pnperty I ft. by the BriUfh in this liete during the late ivar. |
'HEREA5 it i? r)?prei'ented to tlus general aflembly that ni^groes, hories and other grdgerty Bwsf^
been ieft in dt&rent parts of till'. i&J:e toy "the BritiibairtTy. |
I. Be it thercfjm jmoL-ted 6y the Genercd ' ■ pmhly pf the Jbtte ^ ^erib-Cerjiiiitia, and 3/ is Ixttelf <imariei H^
the authority offfx satne. That the ihtriffs of the leverai cornities in this ftare he zrI\ 'fl)ey rrre Iberehy awt J
Jttorifed and required to demand, stik f&rand receive into their poffeirton, all mgtresj horlts, waggons atti ;
©ther property of every nature .3«d kind,, which ijiay have been ieft in their refjicflive i^urties by the Bw*
liQi army during the lafe war ; and the laid Iheriffs fliai) have the fame poiver ro rrclecutp a fait cir fufti- (
as the commiOioncrs of confilcattfd property have imrlei- aa aci, e.i;t4!le^ « An a£t-d •reeling the file of;
^««. P- 375 confifcated property," and fhall ni<U;e iale «t .the faid property in the lame n^anner in ^t4\eir reffi'dive coun- '
ties, and under the Ginje regul.itJotis and retoiftions as to making fale and accounting for the proceeds* \
reterning onedefcviprive lift of lBdapn)pcr:y to tlie corr.ftroijer'f office, atteftcd by the court of the coun- J
* tjr, with an account of fnles, a copy of which liiaJi be seaudsd ia thfi ccvaotj .caurt office* and ent^ed at \
large on the mLmites of faid court.
Tkeprepnty H. And whereas the property before mentioned Ii.ible to he Itjld fGr!fliH;Mtr& cyf tlie ftnte, rrtny be that ■:!
W«»o>besoW. property of citizens of the United States : Be it tbertjore enailed b\ t,:e autl'jrity ajiirijaidf That nivy pro-*;,
, pcrty fo kit srd lect^cvc d or received by the iheriff. (i.all be fold for cur|:!eat iiioney, at cwdyij mtuitlw Cl^«
dit, taking bend and fuflicleut fecurityfer the piiyn-ent» \
Settion of Ml
»cc repeali d.
yorsTcr acts,.
&c. lepealed.
CHAP. 13.
S}ieri&' pow»
III. And be it -urtUf enacted^ That if any citizen of the United States daiming any of the jiroperty, (hall \lf^*l. iST
hereafter make it appear to the fatisfadlion of the general aflembly that they were legally entitled to any (-*''v-**J \
of the faid property, they (hall receive the furo fuch moperty fold for, with lawful intereft thereon from Sitisfiflion w ,
the tmie fuch money was paid into the treaiury. U siates, in- ]
An aSl to repeal the fourth JtSi'jH of an aSi paffed at Newhertii in the year otte thovfan'd fevm ktmdred and eigh- J"'^ ' t
ii^tfpur, entitled " An a£k to amend and fupply the deficiencies of an a£l paflad laft aiTembly at Hillfbo- chap. j*.
rough, eatitled, An act ia regulate thedefce/t of real efiates. to dc aix^ay entails^ to make provifion for widows "'* ^' ' i
and to prevent frauds in the etfecution of laji wills and tejiaments, and for dire^mg ha •£> deeds if gifts and bilit {
of f ales of fiaves ffiall he executed, authenticated and perpetuated" .
WHEREAS the operation of the fourth claufe or fedion of the above mentioned a£l: in a great mea- ;;
fure deprives the widow's of perfons dying inteftate, of the j uft and rsafonable proportion and (hare
of the peribnal efl;4te of .their deceafed huf^aud, as provided for them and exprefTed in an ad of the gen- 5
eral alTembly of this .ftate pafled at Hillfborough, in the year one thoufand feven hundred and eighty-four,
-gntitled « An a£t to regulate the defcent of real eitates, to do away entails, to mak^ provifion for widovws, \
and to prevent frauds in the execution of laft wills and teftaments ;" «
I. Be it therefore enabled by the General AJfemhly of theflale of North-Carolinat and it is hereby enaSledbsji ^^l^ ^[^^ '[
the authority, of the fames That from and jtfter the paiTmg of this aft, the aforefaid fourth fe£i:ion or claufe * '^^^^ ^' ^
<jf the firfl: recited ,a<St pafled ^t Newbern, in the year one ihoufand feyen hundred- and eighty-four, (hail ' ■,
be, and is hereby declared to be and ^ijid r.eipaia iiuU mi void, to all iiitenits and purpofe^ ^s if the fame
Jbad never been, n[iade. '
An ^& to enable the county courts to appoint commiff oners to keep open rivers and creeks at their feveral falls, Jo CHAP. 13. . }
far as they ihink necejfury for the paffage offfl} up the fame. \
WHEREAS it is necelFary for the general good of the citizens of this ftate that the feveral rivers i
and vvater-courfe? withia tile jiroe iliould be kept fo far open as to allow a free paflage for fi(h '\
up the fame : •;
\. Be it thereUre ennRed by the General JJfemlly of the Hate of North-Carolinay and it is hereby enacted by ^^f^^V"^^^^^ •
the authority of the f me. That the county courts of pleas and quarter- felTions (hall be and they are here- ^^^ ° ''^^"' ^
by empowered to appoint commifTioners to examine and lay oflF the rivers in their county, and where the
river is a boundary between two counties, to lay oflF the river on the fide of the county appointing fuch
commifiioner ; and further fuch commilhoner (hall u» laying off the rivers, allow three fourths of fuch
rivers for the owner or owners of the fame, for the purpofe of erecting ftops, dams and ftands, and one \
fourth part, including the deepeft waterof the river and creeks, they (hall leave open for the pafTage of
fiih, marking and defignating the fame in the beft manner they can ; and where any mill or mills are ■^
built acrofs any fuch river or rivers, and (lopes are or may be nece(rary, commifhoners (hall be appoint- \
ed as above, who {hall lay off fuch dope or (lopes and determine the length of time fuch (hall be kept
open J and fuch coramifTicners fiiail and they are hereby required to retui'n to their refpe£live county courts '
a plan of fuch falls, dains and other parts of rivers as may h^ve begn thought necefTary to furvey as above. _ ^|
11. And he it further ena^ed by the aifthorit'j aforefaid. That all and every perfon or perfons who fhall P*"*''**** \
heraafter eredl: any ftand, dam, wear or hedge, in luch part of the river as by this law is required to be i
left open for the paffage cf (i(h, or who (hall not make and keep open any fuch (lope as the commiflion- ■
«rs may judge neceffary, (hall forfeit and pay five pounds for every twenty-four hours any perfon (hall ]
keep up, ereft or make any fuch ftop, dam, ftand, wear or hedge, or dam up or flop any fuch (lope, ]
to be recovered by any perfon fuing for the fame, one half to his own ufe, the other hplf to be applied to \
jthe ufe of the county, eitlier by warrant before a juftice of peact, or in a court of law, as the cafe ;
may require. * ;
An act lor the accommodation BJ pofl-riders, and to amend an act, entitled, « An a£l to empower the county chAP. 16.
coiirts of pleas and quarter-feffions of the feveral coifntie^ in this ft^te to order the laying out pubUc Ante.p, 380. . j
roads, and to eftabnfli and fettle ferries, and to appoint where bridges fliall be built, and to clear in- j
land rivers and creeks," pafed at Netubern, the twenty-ficond, day of Qctohetf, one thmfand feven hundred i
and eiprhty four. . " , '\
WHERE , S it is roprefented that perfons whp contra£l for riding pp(t or carrying the. public mail, j
are fubjeft to great delays by detention at ferries, or to Yejry ^rieyo^? pjc^iftions,, |:o the injury of.
the public : , •
Vol, I. ST 1
43S 1787. I. Be k the' (fore ena^ d hy the General JJpnib'y of the flute of North-Carolina, and it is htre!j enacted
U^'-y-vj hy the auihority of the fame. That fuch perfon or perfons as may contrafi for riding poTc, or for carrying
Piiv lege to the mail in ftages, ihai! be atuliorifed to keep a boat and to emp'oy jiands for the' fole purpofe of tranf-
posts c. porting the public mail, and fuch paflengers aa may travel in the ftage with the fame, acrofs any fer-
ry or ferries, without let or hindrance ; any law to the contrary nofwithftanding. Provided neverthe-^
Provifo. less. That nothing contained in this acl fti;;H be fo conftrued as to authorife the cOmracters for riding^
port, or for carrying tiie mail by ftage, to tranfport any othet paflengers aci'ofs at public ferries thair
fuch as travel by the ilage, and that no perfon or perfons fliall pretend to trarKpoit any Other paffenger
for pay at a public ferry, unlefs he or they are duly authorifed fo to do by the court of the county in
CHAP. 17. An ad, eutkorijtng and onpi-wnivg the caunty courts of pleas and quarter -J' ffi on s fo dtvideand appro^
y^o/.2.83 180. ^ pnate tit. re.^l e^ate of inteliates. , '
Esa- f i - ^* fi ^ '' enaSied by ike General '^jfemUy of the Jf ate of North-Carolina, arid it is hereby enacTe4 by the au-
testates hew to ^3 thority of the fame. That the judges of the fuporior court of law and equity, and the juftices
be divided, of the county courts of pleas and quarter- feffions, be and they are hereby required and empowered, on'
petition of one or more perfons claiming the real efliateof any inteftate, to appoint five commiffioners to
divide and appropriate the fame, or fo much thereof as fhall be prayed for, and the court fhali judge pro-
Pjcoviso. per and requifite according to law.* Provided^ Thai in all cafes where the real eftate lies in different
counties within this ftate, fuch petition Ihall be exliibited in thefuperior court of the diftridt where fuch
real eftate or- part of it lies, and where the eftate lies in one county only, the petition for^ divifion ftiall
be to ti^e court of fuch county, and no othefways' ; and further faid- commiffioners or a majority of
them, being firft fworn todo juftice among the claimants according to the beft of their {kill and abili-
tiesi are hereby empowered to charge the more valuable dividend or dividenls with fuch fum or fums
as they fhall judge neceflary to be paid to the dividend or dividends of inferior value in order to make an-
equitable divifion, which fum or fums fo charged fhall be paid to the owner or owners of the dividend
or dividends of inferior value, by or to the guardian or guardians, for and on account of the minors,
^^'oirird*'"^'* within one year after the commiffioners fhall have made a return of their proceedings. And further the faid
vide!To make commiffioners or a majority of them are hereby required^ as foon as they can, to make a return of theii*'
returns to the proceedings and appropriations, under their hands and feals, afcertaining with precifion the different
court, &c. tradls or parcels of lands, lots or houfes, with a£tual furveys of the fame when necefTary, to the court by
which they were appointed ; which return and appropriation ftiall be certified by the clerk and enrolled'
in his office, and regiftered in the office where fuch lands, lots or houfes refpedively lie, and fuch re-
turn and appropriation ftiall be binding and valid in, among, and between the claimants, their heirs and
affigns forever.
Their.aUow- H- ^^nd be it enaSfed hy the auihority eforefaiJ, Tk&t the hid cotttmif^otiers («r their trouble and fervi-
*"«• ces, may take and demand whatever the court by which they may be appointed fhall judge adequate to
the trouble they may have been at, and for the expenc«s incurred either to furveyors or otherv«fe ; the
faid expences to be paid in equal proportions by the claimants : And further, if faid charges are not paid
on return of their proceedings and fervices, execution ffiall and may iffiie againft the petitioner or petiti«
oners in the fame manner as for the attendance of witnefTes*
CHAP. 18. /i„ ^^ iQ empower the county courts to proceed in certain cafe^ at therein dirrc/ed.
XT THEREAS in the qourfe of the late war many accidents have happened by fire or otherwife, where-
VV ^y the books of accounts, bonds and other writings and papers of perfons deceafed have been
deftroyed, and the proofs of many debts, dues and demands due and owing to the faid deceafed per-
fons, have been thereby rendered impafTable, and by means of the faid accidents no recovery of the faid
debts, dues and demands can be had in the ordinary courfe of law, and many orphans are likely to be
greatly injured ;
where m'*''*'^ • '' ?{ " i^^f^f^'e enaSieJ by ihe General Ajfenibly of the Hate of North-Carolina, and it is enacted by the aittho-
cf adecwsed '''0' ?r '«'?/aOT^, That in all fuch caie&, whete the papers of any deceafed peffon have been or fliall hereaf-
ter be (b deftroyed by accident, due proof being thereof made to the couj;! of the county and entered on
'f^cqrd by the (iire£tion of the court, it fnall and may be lawful fer the executors or adminiftrators of fuch 1787. 439
perfcn to prefer a petition for the recovery of any debt or demand due and owing from any perfon what- '*.»-v-«0
Toever, to the court of the county where the debtor refides, in the manner and under the regulations pre- person arede-
Tcribed by « an zd for the better care of orphans, and fecurity and management of their eftates," pafled ^^^'^y^^-
in the year one thoufand feven hundfed and fixty-two, therein fetting forth the faid debt and the amount ■Ante p 141.
thereof as nearly as may be, and the fuppofed origin thereof ; and fuch petition being filed in the clerk's
t)£Bce, the fame proceedings ftiall be had therein, and the defendant (hall be bound and fubjefl: to the
fame rules, aS in the twenty-third fediori of the faid a£t and the iaft claufe thereof is direfted, as fully to
all intents aS if the faid elaulefs and every fentence thereof were herein particularly let down and expref-
II. yifid he it further enacted^ That this zdi (hall In no cafe be allowed to take place but only where pa- Restriction,
pers have been accidentally deftroyed ; nor where it {hall appear to the court on trial there was ufed any
kind of fraud to obtain the benefit of this a£t > in which Iaft cafe the fuit fhall be difmiffed with coft.
\An aEi direBing the clerks ofthefiverat idUrts of record within thisjictte as to their duty in office ixi'ith refpeSf to chap. 19,
F , ,. . \ ^ff^^^S writs.
WHERE Al5 tranfierit perfons arid others, having no property either real or perfottal in this ftate, ob-
tain writs and enter into litigious law-fuits where they have not allegations fufficient to fupport
a fuit, or property to difburfe the charges thereof in cafe of failure, much to the injury of the good citi-
zens thereoi : For remedy whereof,
I. Be it enacted by the General Ajfembly sf thejidte of North-Carolinay ahd it is hereby enacted by the authori ■ Manner of is-
ty of the fame. That from and after the firft day of July next, no writ or other leading procefs return- '^"'"S ^'f'***
able to any of the courts of record within this ftate, ftiall be granted or iffued by the clerk or his aftiftant
in office, but under the following regulations and reftri£tions, to wit, That the clerk either by himfelf or
his deputy before ifluing any writ or other leading prodels, tak^ fufficient fecurity of the perfon fo applying,
conditioned that they will profecutie fuch fuit or fuits they may fo commence, and in cafe of failure of
fiich profecution pay to the defendant all fuch cbfts and damages as may be awarded againft him by
the court having cogriizance thereof*
II. And be it further enaSied by the authority afore/aid. That where any clerk, either by himfelf or his de- .^° ^ ^u'^"*
buty in office, ftiall iffiie any writ or other procefs, he ftiall enter the fame into a book by him to be kept '
lor that purpbfe, together with the names of the plaintiff and the defendant, the place of their abode, the
tiame of the fecurity or fecurities for obtaining fuch writ, and the place where they live, and have the fame
before the judges of the court where he may fo officiate as clerk, fubjedl to the examination of fuch court.
■ III. And be it further tnaBed by the authority aforefdid. That if any clerkj either by himfelf or his affif- \l^'^^.^l^^
iant in office, ftiall ilTue any writ or other leading procefs otherwise than by this a£l direfted, he fhall pUance,
pay to the defendant the furri of one hundred pounds, to be recovered by a£lion of debt in the court where
fuch offence ftiall have been fo committed ; and alfo fhall forfeit and pay the fum of fifty pounds for e-
Very offence fo dommitted by fuch clerk or his affiftant in office, recoverable in any court of record hav-
ing cognizance thereof, one half to the ufe of the perfon fuing for the fame, the other half to the ufe of
the poor of the county.
V^ .. And be it further enaBed by the authority aforefaid. That it fliall and may be lawful for the clerk of Costs to be tax-
fuch Court, to tax in the bill of eoftsthe fum of two fhillings for every fecurity by him so taken, and alfo * *
the fum of two {hillings for entering the fame, together with the names of the fecurity, in the book to
be by him kept for that purpofe ; any lawj ufage or cuftom to the contrary notv/ithftandlng.
An aSi to compel the attendance of all fuch perfons as are or Pxatl be elected to reprefent any county or town in the CHAP. 20*
general ajfembly (f this ftate, at fuch time and place as may be appointed.
HiLREAS the want of the due and pun£lual attendance of perfons eletted as members of the ge-
neral aflenibly at the tirhe and place appointed for holding their feffions, hath been found pre-
judicial to individuals, and highly injurious to the public :
I. Be it therefore enacted by the General /Iffembly of the Hate of North-Carolina, and it is hereby enacted by tfie To meet on the
authority of the same. That from and after the firft day of April next, every perfon who fliall be eleded p^f^J*^*^'
to reprefent any county or town in this ftate in the general affembly thereof, ftiall meet at fuch time and
440 ITS';
Pen, for not
attending du'y,
Proviso.
PrivUedges of
the jnembers.
Sheriff's duty
in tnakirg a
return..
Pen. for a
njetnbei chosen
ftith his own
consent noi at-
tending.
place as may ba appolnteifor the mietir^ of tTie, general aflombiy by adjourwB.ent a? ptherwife, on the
fiiil day p.ppointed for that purpofe, and attend to the public hurnefs as cccsficn may require.
It. And be it further etia^ed by the aufhor.ty, ajo'efaidy That in cafe any perfon yi'ho (hail be hereafter efec-
frd tQ reprefent any cdunty or town in the general aflembly pf this ftate, Ihall fail, refufe, neglect or de-
lay to attend to the duties of his app-^intmenf, agreeable to the directions of this a<Et, every fuch perfori
iliall forfeit and pay for not appearing as aforefaid, the fum of fiye pounds, current mopey of this ftate,,
and the fuKi of twenty iliillings like money for each and every day hg may be abfent from bis duty during
the f&iTionsi ^ which fum or fums of tnoney (hall be dedufted or taken from his pay or allowance as a mem-
ber, if the fame fhall be fufHcient ; and Ciould the fine or forfeiture exceed the pay or allowance pf fuch
member or perfon elefted as aforefaid, then and in that cafe fuch excefs fo remaining due, (hall be taljei\
out and deduced from any future allowance whioh niay be made tp fuch perfon as a member by the ge-
neral aflembly of this ftate. Prsvided neverihelsss^ That a majority of the rnembers of either houfe of the
general aifembly may and fliall have power to r^rnit tp any perfpn haying incurred the fame, the fines and
forfeitures aforefaid, or any part thereof, where it fhall appear to their fatisfa£lion on oatli or affirmation,
that the perfon hath been prevented from, attending his duty by ficknefs, unavoidable hindrance, or othet
fuffici^nt caufe ; any thing heretofore in this aft njeqtioned to the contrary notwithflanding.
HI. And he it further enaBedy That the members of th? general aflembly ftiall have freedom of fpeech
and debate in general aflembly, and not be liable to impeachment ox queft.ion in any court or place out of
the general aflembly for words therein fpakeiij, and the itiembers are hereby declared prote£l:ed from all
arreft and imprifonment, or attachmehtof property, during the time of their going to^ coming from or
attending the general ^^ernbly^ agreeable tp the c§rtifi9J(t;Q of his attendance^ except for /elpny, treafon or
breach of peac?,
IV, And he it further effaBe4^ That the (h?riff pf ,every ^ounty in this ftat^ (hall naake return to the ge-
neral alTembly, ^t their firft annual ji;ieeting, of the perfpns ejefted in his county to reprefent the inhabi-» ■
t^nts in either houfe of tl>e legiflature, and ftall therein certify whether the perfons fo returned \yere chofei^
.by the^r own confents, and which of them was fo chpfen : and if any perfpn fo returned (hall fail tp at-
tend at any feflsonof the general aiTembly •\yhich he ought to attend, then fjich perfon (hall forfeit and
pay the- fum of twenty- five pounds, to be recovered in the court of pleas and quarter- feflip^s pf the coun-
ty for which such person w;)S elefted, at the ^uit of the governor for the time being, on iKe .certificate of
such failure iflued by the speaker of the hpufe in which fuch delinquency happened, unlefs fufficient ex-
cuse for sueh failure be offered and proved on path by such delinquent member at the next succeeding asi
3pmbly.
CHAT
An-ep
423.
21.
391,
Subprenas in
appeals to be
granted.
Proceedings a-
gainst a de-
fendant reftls-
ing to give bail
on a warrant.
Aft act to amend an act entitled « An aSlt to amend an aft pafled *t Newbero in Bfcember^ one thoijf^nd
feven hundred and eighty-five, for encreafing the jurifdiftion of the county courts of pleas ^nd quarter-
feflions, and ofjuflices of the peace outofcouit, ana , to direft the time of holding court? in this ijate;''
to appoint jurors for the diftrict oj Wilmington, to aimnd an act entitled ^^ hx^ aft to gilablifh a court of
law and' equity in the county of Davidfort j" and alfo to (tiae/id qti act eat tied, *.f ^n aiSi .fo|: ef^blJlhing ^
miiitia in this flate."
WHEREAS doubts have arifen in t^ie feyeral c.punty courts in this (late refp eftipg the tfi^J 9f appeals;
for remedy whereof,
I. He it enaBed by the General AJemlly of the Hate of ^orth-Caeolina, .and it is hereby (vgfted by the aUf
thority of the fame, That any juftice of the peace granting an appeal to the county cpurt. isl^ereby autho*
rifed and required, on application of either of the p3rtie,^» to iflue f^LlbpcEnap dircfted to t'h^ iheriJT or otheif
lawful ollicerin any county within this Itate, for witnofies to appear and give teflimqny at the faid court
to which faid appeal is returnable, and due refpeft fhall be paid to fuch fuj^mons ; and the ofiicer to whom
fuch fubpoena fliall be direfted, and every witnefs fuoimoned ip GorTr-quence thereof, fliall be under the
fame rules and regulations, and fubjeft to the fame psn-aliies, and ejotitled to the fame pay, privileges an4
emoluments, as if fuch fubpoena h?id ifiued from the flcrk cf the ,cpurt to which faid appeal fhall be re-
turnable, " .'
II. And whereas doubts have arifed refpefting the authority and duty of flierlfl^s and confl^Ies in fer-
ving warrants : Be it ei acted by the aulhortty afitrefif'J, That when any fherifF, confl:ab'e, or other law-
ful officer, fhall ferve a warrant Ql\ ^^ny perfon pr perfons wjio \\}i\\ refufe or neg!ec1 to give bond and
Iffecurity according tp law, for hi8,)ierpr their appearance before fuch juftice, and -at fuch- time arid place
as he, fheorthey fhallbe direaed (to appear and (land triaJ and fulfil the judgment of faid juftlce) by 1787. 441 ^ ' ■
i;.kl officer, fuch ofRcer is hereby authorifei and required to commit fuch perlbn or perfons to the gaol of ^„^y^ '
the faid county, in the fame manner as (herifFs are direded and authorifed to .C9i;ii;»it defenjants irv cafes •
of arrefts by virtue of a writ from the couaty court of pleas and quarter-feflions. j
m. kepeaM, Vol. 2, 1^, '
IV. And whereas before the eftablifliing a fuperior court jurifdiaion for ifhe county of Dividfon, fun- T>\ny of clerks j
<lry appeals have been granted from the county court of Davidfon to the fuperioT courts of the diftvid* of ^^J^^ of ^Ir'
Morgan and Walhington ; and for the eafe and convenience of the faid appellants. Be k enacted by the au- gan and Wash- \
tbority atorejaid^ That the clerfc$ of the fuperior courts of the diftrifiks of Morgan and Walhington, 'on ington in cer-
application of either party, where both parties refide in the counties of Davidfon or Sumner, t;endering all ^a ncases- ij
fees due therein, fliall tranfmit to the clerk of faid fuperior court of Davidfon, all the papers dilative to a- \
ny appeal or appeals that have been fo tranfmitted to either of them, and the faid fuperior court of f
the diftridt of Davidfon fti^ proceed and .determine thereon as ip other pjsfes of appeals according to ;
law. \
V, and VL Repealed^ Vol. 2,159, 219.. ]
VII. Unneceffary to be inferUd. |
An aB,Jor making procefs in equity eff dual againjl perfons who alfcond, and who refide without the CHAP. 22, "
limits of ike Jtatc., and Jot better regulating ihf. proceedings in courts of equity. Ante, p. 313. \
WHEREAS perfons h^ve fonjetimes >ivithdrawn themfelves beyond the limits of the ftate, or other- iJ'Sg, 57.^
wife abfconded, to avoid appearing in courts of equity ; and whereas alfo, no means have been
provided to cite perfons refiding without the limits of the ftate to appear iu the faid courts : for remedy of ;
the inconvenience thence arifing, \
\. BE it enoBedbytheGtfietaiAfftmUyoffhefateof North-Carolina, and it is hereby enaSled hy ihe authort' Pw>cecd!ngs in j
ty of the fame. That if any ftfit which hath been or hereafter fhali be commenced in any court of equity, '**? *^''"" °f «-
any defendant or defendants againft whom any fubpoena or other procefs fhalliffue, (hall not caufe his, tend^iu residw
her or their appearance to be entered on fuch procefs within fuch time, and in fuch manner, as according out of the state, \
to the rules of the court the fame ought te have been entered in cafe fuch procefs had been duly ferved, "j''"*^**^^"^- ;
a^d an affidavit or affidavits fliall be made to the satisfaftion of such court, that fuch defendant or defen- ^ '^* i
d nts refides or refide beyond the limits of the ftate, or that upon enquiry at his, her or their ufual place <
of abode, he, five or they cculd not be found, so as tobe ferved with fuch procefs, and that there is juft -;
gr )und to believe that fuch defendant or defendants is or are gone without the limits of the ftate, or other- i
wi e abfcond to avoid being ferved with the procefs of fuch court, then and in fuch cafes, the court out
of which fuch procefs iffued may make an order, direfting ai>d appointing fuch defendant or defendants to *
appear at a certain day therein to be named ; and in cafes wliere fuch defendant or defendants refides or
refide without the limits of the ftate, a copy of fuch order (hall within fixty days after fuch order made, '\
be inferted in fome gazette regularly publifhed within the ftate, for fuch length of time as the court ftiall '
order and dire^i, and may when they (hall think necelTary, dire<£l fuch order to be inferted in any gazette ^
in the United States ; and in cafes where fuch defendant or defendants fliall have withdrawn him, her or j
themfelves beyond the limits of the ftate, or otherwife abfconded to avoid the fervice of fuch procefs, a ;
copy of fuch order (hall within fixty days nf ler fuch order made, be inferted in fome gazette regularly pub- !
hffied writhin this ftate, if any there be, for fuch length of time as the court (hall dire£t, and (hall within ',
the time aforefaid, be pofted up at the door of the court-houfe where fuch order Ihall be made, and alfo j
in fome public place within the county where fuch defendant or defendants refpe£lively made his, her or i
their ufual abode within thirty days next before fuch his, her or their abfenting ; and if the defendant or
defendants do not appear within the time limited by fuch order, or within fuch further time as the court |
fliall appoint, then, on proof made of fuch publication pf fuch order as aforefaid, the court being fatisfied 1
of the truth thereof, may order the plaintiff's bill to be taken pra confeffo, and make decree thereupon as ■■■
ftiall be thought juft ; and may thereupon iffue procefs as in other cafes to compel the performance of the '
decree, either by execution as hereinafter provided to fatisfy the demands of the plaintiff or plaintiffs in '
the faid fuit, or by caufing the poffeffion of the eftate and efFe£ts demanded by the bill to be delivered to i|
the plaintiff or plaintiffs, or otherwife, as the nature of the cafe fhall require. Ift. Prow</<frf «^wrfAp/^ , Plaintiff must ]
That fuch plaintiff or plaintiffs fhall firft give fufficient fecurity, in fuch fum as the court fhall think pro- 8'^® security. j
per, to abide fuch order touching tlie reftitution of fuch eftate or effe£l» as the court ftiall think proper to
Vol. I. 5 U *^ *^
44^ I'^a.T- mske cpncerni^g tl^efeij^xj, upoftth^defe^danVor defendants appciiflpg and petitvpnlpg tO; have tli^ fai4
''^'"-f^. cau([e re-heard, aivd pay my luca coits to cue plaintiff or plaintiffs as the coi^rt fiiall ordex. 2d. Provided^'
Proviso, whLie Th?.t if any dejree fhali bo made in purfuance of this aft, againil any parfon or jwrfqns refiding without"
defe"dMt a " ^^^^ hmits of th? ftate at th* time fuch decree is pronounced, and- fuch perfon or- pe-rfpHS- (hall; v.;ithin tv^^p-^
gainst whom a years after the m-iking fuch decree refide within tlie ftate^ or beco.'ne publi'jiv vi/jh!e therein, th?n aiidiif-^
'^''•"Ifl 'V"'^ ^^^^ ^^^^ ^^^' ^'^^ ^"^ ^^'^ fi)all iilycwifc be ferved wit-h a copy of fuch decree within, a reafonable time a^'
\vLrds return. *^^ "^^» her or their coming into the ftate, or their public appearance fliall b,e Ifnown to the plaintiff of"
ed, Sic. plalntilB j and.iij. cale any djfindant or defendants, againft whprn fuch decree {hall- be niade,fhajl within
two years afttif the making of fuch decree*, happen to die before his or her cpming, into the ftate, or ap-
pealing openly as afotefaid, or (hall within the tirrie Ijft before mentioned die in cijftody, before his ot-
her being fervfjd with a copy v>f fuch decree, then his, or her h^ir'of fuch defendant (b ill have any resd..
eftate whereol poiTeuion thai! Jiavc been delivered tq the plaindfi; oif p'aintiiFs if fuch hair niay be found pr(%
if fuch heir flvall be a feme covert, infant or non eompps mentis, the hulband, guardian or, conioiittee, of
g^uardians of fiich heir refpeflively, or if the perConal efltate of fuch defendant (hall have been levied upoi*
or poflellion tFiereof delivered to the plaintiff or plaintiffs, then his or her executor or adoainiilrator, if any
fuch there may be, may and fliidl be ferved with a copy of fuch decree withiiij'^.r^^afpnjtble tima afteji if
fliall be known to the plaintiff or plaintiffs that the defendant is dead, and who is his or her heir, execu--
tor or adminiilrator, and where he, ihe or they may refpeftively be ferved therewith within the ftate.
^^"■*?K» b ^^' ■^'''^'""^^^ always, If any perfcn or perfons fo fer?ed with acopy of fuch decree, fhall not vvithin twelve
solu ely cm- JTionths after fuch fervice appear and petition to have the. faid caufe reheard, fuch decree fb.njad^ as afore-
lirmed against faid, fliall ftaiid abfolutely confirmed againfl the perfon or perfons fpferVed with a copy thereof, his, her;
such defendant or their refpetliye heirs, executors and adminiftratoi;s, and all perfojis claiming or to claim by, from or,
for a re- bear- """^^J" ^^J"* her or t^em, or any of them, by virtue of any a£t done or to be done fubfequent to tlie com-
ing, mencenient of fuch fult. 4-th. Provided nevertbeUfs, Th^t if any perfon fo fervid with a cppy of fuch;
Rehearing on decree, (hall vv^Ithin twelve months after fuch fervice, or if any perfon not being fo ferved^ ihall with-
vlilh^*"?"' • *" ^^^^^ y^^^^ next after the makir/g fuch decree, appear in court and petition to be heard with/ refpe£t to
ed time, '^" ' *^^ matter of fuch decree, and (ha/l pay down, or give fecurity for the payment o^fuch cofts as the court
•"■'■ fhall think reafonable in that behalf, the perfon or perfons fo petitioning, his, her or their refpeclive te-
prefentatives> or any perfoa claiming under him, her or them refpe<Slively, by virtue of any a£t done be-
fore the commencenient of the fuit, niay be admitted to anfwer; th? bill exhibited, and iffue may be joined,
and witneffes on both fides examined, and fixch other proceedings, degree and execution may be had there-
on, as there might; have been in cafe the fani? P^rty had originafly appeared, and the proceedings had then
When to be been newly began, or as if no former decree or proceedings h.adbeen in the fame caufe. 5tli. Provided
^rmed &c. " "'^ »'^^^/^|» and be it enaSied by the authority aforefaidy Tftat if ^ny perfon or perfons againft whom fuch de-
cree (hall be made, his, her or their heirs, executors or adnuniilrators, fliali not within three years, next
after the making of fuch decree, appear and petition to have, the. cauf? reheardj and pay down, or give
fecurity; for payment of fugh cpfts as the court fhall think reafonable in that behalf,, luch decree made a$
aforefaid (hall itanjl abfolutely confirmed agalnft the perfon or perfonSj^ainft whom fuch decree fhall be
made, hip, her or their heirs, executors and adminift^ators, and; againfl all perfons claiming or to claim by,
from under him, her, them or any of them, by virtue of any aA done or tp be done fubfequent to the com-
Not to affea mencement of fuch fuit ; and af; th^ end of fuch three year.s, it fhall and may bp lawful for the court to make,
outofthe'sta'^ ^^^^ fiffther order as (hall be juft and reafpnable, according to thp circuinftance ofthe cafe, 6th. Pn-vided
unless the cause' olivayiy That this a£l fhall npt extenfl, or. be conftrued to exten4,tp vj^arrantor mal^e gpod any proceed-
cf aaion arose ings againft arj y perfon refiding without the ftate, un}e fs the ground: or caj^fp, of ^^ion> or thfi t^^^nfa£lion;
*""• on whiih the bill n^ayi^e brought, took plac^ within the limits ofthe ftate.
^'ns*t^'-*-"» If- Whereas the prefent mode of proceeding tp carry into effpfit the decrees of tl>p cc^\^tt, of equ^y by;
n decrew m ^t^^cnment, habeas corpus,, attaqhment. with proclatnation, and: cprnmifTions of rebeilipn, are in niany, cafe?
^uiiy. dilatory, oppreljive and inadequate : 5^;/ ^«,?(??f(f^j; /A^^ authority a/oresaidf "tiiat, in. ^ll cafes, \frbei^ de-
crees niay nave been made in atiy fuit ip equity in any of the courts, in this ftate, or fhall hereafter be
made for 'any furn or fun^s pf money, it (h^ll apd rnay be lawful for executipnto iflue thereon againlt
the defendant's body, or againft his gopds and chattels, I^nds and tenements, to fatisfy fuch decree
(and lands and t^et^emepts, goods, and ghattgl?, fhall bp bound by fuch, decree and execution, in the famp-
tnanner aslandp and tenements, gopd^iai^d chattels, are. by judgments, and ex«cutipns i^; lawf) andcpl^j
^° ^^^f!*.*?? m^ni}er/as,.executiof|,^^^^
iil. Whereas tho drawing ^d enrolling- of decrees, rules and orders in equity, require conC.deraW« I7S7. 44:i
kill, experience and, attention ; atid whereas the prefcnt mode of adjuftihg and ftating accounts by au- i,,#-v-n»|
ii^or^or commiflioners, has been found pi odu£live of great delay and difficulty : Beit enaSied by the autho- Gerkandmas-
'itAafoi^tfaidy That the j,ui:lges ofrfie faid court of equity (hall appoint fome perfon of fkill and probity, to [,e'^^pp'!^if,ted.*'
ia as clerk and mailer in equity to ejich of the faid co'urts \ who Qiall give fecurity in the fame manner,
knd take the fame oatli before the judges, as the clerks on the law fide of the court, and (haU hold his His duty, fees,
t)ffi9e during gopd beli^iviour ,• ancl the faid clerk fhall keep a fair and diftipdl record of the proceedings ^'
fiif the court of equity to \yhich he m^y be appointed ; and the bills, anlwers and decrees (hall be regu-
larly er.rolled in a well bo.i^n.d book kept for that purpofe ; and- (hall be entitled to the foUo.wing fees and
ho other : — For a repo,rt on an anfwer, thr?e (hillings ; on a plea and anfwer, four (hillings •, on a de-
murrer and anl(Wer, four (hiiiings,; fpr an ai^davij to^rt anfwer, onefliilling and fix pence ; for an affi-
davit to a bill, one (hillijig apd fix pence V ^Qr ?. feparatie affidavit, two (hillings ; for a copy report by
the olfice, co^ (heet, tivo uiiliings ; ..... for copies of proceedings and exemplifications, copy flicet two Vol, 2.45,
(hillings ; for taking a bond, one fliilHfig and fix pence ; for every rule given for fervice, two (hillings aijd
fix pence -, for every rule not for fervice, one (hilling and three pence ; for every fubpoena, writ or
btheir prQ(:e;(§, tei), OHllings : for every dedimvs or con;irai(fipq, five (hillings and loijr pence ; for every
injundiiion, ten (bUlin^s ; for clraw:ing decrees,, fovr (hillings by the copy (neet : for enrolling a bill or
anfwer, two (hillings by the copy (heet/ for entering a plea or demurrer, two (hillings v for recording-
depofitions to perpetuate teftinriony, by the. copy (heet, two (hillings ; for every fearch, one fliilling ;
for every difm(fiqn, two fhillings. And further, the faid mafter in equity is hereby fully empowered
and authorife.d to a.dminifter the oath or affirmation, to all atid every perfon and perfons, either witneffes
©r others ha,vi.ng bufin^fs in the court of equity, at all times in the fajme manner, as mailers in chancery
do i.q like ca.fe? in Gr?at-]3ritain.
IV. And to prevent confufion in po.nflruing a£lts relative to the proceedings itj faid courts : Be it en- Superior courts
aSed by the authority a/ore/aid, That from and after Ihe expiration of the prefent felTion of the general al- *ame" to^thek
fembly, fuch courts in all equity proceedings fhall be ftiled and called the court of equity for its refpetl- law and equity
ive diilri^jj atyiiiji ?ill law proceedings^ the ft^perior court of law for its refpeftive di(lri£l as formerly. busineis.
jlfi a5; to amend the fevcral aBs of jtffimhly heretcfore pajfed Ur giving further time to furveyon iinthin the difr chap. 23.
ferMt counties to make their furveysj and return plats thereof fo the Jecretary^ s officey and for giving a further Vol. 2, )6.
'time for the regi/iration 9f certajf}. deeds ijfued Jrqm Lord Gt^qnvt/le's officcy and marriage contrasts therein ^788,34.
mfflt.onedf
WHEREAS by mifcondruftion of the feveral laws refpeflihg entering and furveying lands in this
(late, impofitiojis have been attempted on the original enterer of the faid lands: for remedy whereof,
I. Be it enaSied by the General Afftmbly of the fate of North-Carolina, and it is hereby enacted by the au- Surveyors to
ihority of the same. That the furveyors in the feveral counties in this ftat^ (hall furvey all entries of land survey accord-
according to the priority of fuch entry, paying due refpe£l to the number of each warrant, and every grant ^o^cu^es'^^^^
hereafter to be obtained by any fubfequent entry or entries, otherwife than is by this a£l dire£led, (hall be
and the fame is hereby declared void and of no efFe£t ; any lavy 01* cuftom to the contrary notwithftand-
ing. Provided neverthelefs, That nothing herein contained (hall be condrued to prevent any perfon mak-
ing a fubfequent entry on any land, from furveying and obtaining a grant as the law direfts, for all fuch
furplus land as (hall remain after the enterer or enterers of fuch land hath furveyed his, her or their entry
or entries as aforefaid.
II. And be it further enaSled, That all deeds ilTued from th« office of the late earl of Granville, and not Former time
already regiftered, may have a further time of twelve months allowed for regiftration, and the proof necef. allowed for re*
fary thereto (hall be by parity of hands : Provided, That the lands held under fuch deeds (hall have been g'^"^""S
aaually. oqcupied by the original grantee, or fome perfon under him, for the fpace of feven years, and tax- f/om*Lo»T^
cs paid thereon for the faid time, and that the faid lands harve not been entered in the land-o(fice under Granville's ofi.
tile prefent government by any perfon or perfons whatfoever ; and all deeds under the defcription and *'^^'
conditions aforefaid proved apd regiftered, (hall be good and valid in law, and (hall enure and take efi^edl
as fully and elfeaually to the ufe and behoof of the grantees, their heirs and afllgns, and thofe claiming
onderthem, as if fuch deeds l>ad been proved and regiftered agreeable to the direftions of any 3(51 of af-
fembly Jtieretjo£pre,x a?ade.
44* 1787.
in. And be it enacted,'V\\it all marriage contrafts made and entered into l^efore the pafling of this a^,
entitled ** An a£t direfting the marriage fettkmcncs and other marriage contrafts (hall be regiftered, and
for preventing injury to creditors," Ihall be allowed a further time of twelve months for regiftration, and if
duly proved and regiftered within that time, fhall be as good and valid in law, to all intents whatfoever.
as if the fame had been proved and regiftered within the time thereby limited and directed.
CHAP. 27.
Ante p. 423.
irss, 4.
A& of pardon
and oblivion
extended.
An aSi to extend an a^ entitled «* An a£t to pardon and conGgn to oblivion the offences and mifconduft of
certain perfons in the counties of Washington, Sullivan, Greene and Hawkins.
!• T)E it ena8ed by the Gen ral AJfembly of thejiate of North-Car olina^ and it is hereby enacted by the author-f
X3 ''> °f the fame, That the faid a£l, and .every claufe thereof, (hall be and is hereby extended to all
perfons wiio are defirous to avail themfelves of the benefits and advantages contained in the fame, and are
hereby declared pardoned of the crimes mentioned therein, and fully reftored to the privileges of citizpps ;
any law to the contrary notwjithftanding.
II. Ob[olete.
An aBto charge the ejlate of Honorie GerouJf late of the totoii of Halifax^ deeea/ed, with the payment of all hit
juji deitSy and to prefr the fame to the title acquired by thisJlqU in the property •which v/as of the faid Geroud
in confequence of hii felf-murder. ' ' •
II. jL ]SID whereas fuch forfeitures can anfwer no valviable purpofe, and may diftrefs creditors, in-?
/^ nocent relations and orphans .• ^e it enacted^ That in all c?fes of fuicide or felf-murder hercr
.„ ^^. after happening, adminiftration may be applied for and granted as in the cafes of natural and ordinary
cases of suiade death, and debts fhall be paid and diftribution made agreeable to the laws that are or may be made and
done away. provided for the management and diftribution of the eftates of perfons dying inteftate ; and no forfeiture
ihall be hereafter incurred by filicide or felf-murder j any law, ufage or cuftora to the contrary notwith?
ftanding.
-CHAP. 31.
First se£lioi^
private-
Forfeitures in
CHAP. 32.
faxclteville
distria.
lime altered,
1790, 3.
County courts
to appoint, &c.
An aB to ereSl the connties of Richmond, Cumberland, Sampfon, Moore and Robefon into one dijirin, and appola-
ting afuperior court of laiv and equity lo be held for the faid counties, qt Fayetteville.
WHEREAS it hath been made appear to this general aflernbly, that the county of Richmond, of
Salilbury diftriil, Cumberland, Sampfon, Moore and Robefon, of the diftrift of Wil.nington,
by remaining annexed to thofe diftrifts refpe£lively, fub^efl: the inhabitants of the fame to much inconve^
nience, by reafon of their extreme diftance from the fuperior courts of law and equity of the feveral dif-
ti'ifts to which they have refpe£lively belonged ; and as it may tend to a more equitable and fpeedy dif- ■
tribijtion of juftice to the citizens in the counties aforefaid, to Jie ere£l:ed into a feparito diftricl, to be
held at Fayetteville, to which place they are more conveniently fituated .•
I. Be it therefore enacted by the General Affemhly of thejiate of North-Carolina, and it :.s hereby enacted by
the authority of thejame, That the counties of Richmond, Cumberland, Sampfon, Moore and Robefon,
from and after Puffing tHis aft, fhall be and they are hereby declared to be a Separate diftri£t, by the
name of Fayetteville} and the fuperior courts of law and equity for the faid dilhift fhall be held twice
in every year, at the court-houfe in Fayetteville, the firfl fitting whereof fhall commence on the twenti-
eth day of June, in the year one thoufand feven hundred and eig^>ty-eight, and the fecond fitting fhall
cornmence on the twentieth day of December, in the fame yenr, amd be fo continued by adjournment ;
and the faid court is hereby declared to be vefled with the fame powers, privilege . and authorities, an4
entitled to the fame emoluments, as the other dillrift courts of hw and equity wit)nn this ftate.
II. Other provj/ion made, 1190, 3.
III. Other provifton made, 1789, 13. ' '
IV. And be it further enaBed by the authority aforefaid. That the refpe£\ive county courts within the fai4
difirift of Fayetteville fliall name and appoint the number of jurors in this law required, and the faid Ju'
rors fo appointed are directed and requetted to attend at the ccuit-houfe in Fayetteville, on the firft
day appointed by this zSt for fitting of laid fuperior court of law and equity ; and they are hereby dcr
clared to be under the fame rules, regulations and penalties as jurors for other diftridl courts of law and
equity within this ftate, and to have the fame rights, privileges and emoluments. Provided, that nothing
herein contained lliall be fo conftrued as to hinder or delay any fuit or fuits, either at law or in equity,
heretofore commenced orTecbvered lutlie fuperior courts tefpedlively wherein fuch counties are atppe*
fent contained, but the fame, and every procefs apperta'm'ing fhercto, <^ial! be fued out, profecutftd and 1787. iiS
, . finally determined, in the fame manner as if this law had never been made s and all execution' and other V>-ir<*l
.|>Tocefs fliall be tetumed by the (heriff of each county refpedively to the Cpwr| from whence thp fame
. iffued, as by law and cuftom has been heretofore eftablifhed. . ""^
Jn ad for promoting tht navigation ef AlbemcirUfovtnd,. CHAP. 37.
Ucp. 1-88, 22, ^
All a^ for a[f:ring the tuimes ofcettaih ptr/drCt thiHik mniiohed.* chap. 42. i
[Tke\. and 1\, feBion privateJ^ ■
III. A ND be it Jurther enaBed by the authority aforefaid, That from and after the paffittg of tHi? nfk the CQurt>i autb». \
XJL courts of pleas and quarter-feffions in the feveral counties in this ftate fiiall have fuM pbvji^fer an4 rity. \
authority, on the applicatiop of the reputed father, mother or guardians of any natural child, to give fuch i
name to fiich child as the f?tid mother, father or guardian fliall require, and to eatife fueh name to be ert*
tered on record, and luch child (hall forever thereafter be called and knbwn by fuch firnam?, and fliall \
,be able and capable in law or equity of negociating and tranfafting all manner of bufinefs by fwch name, 1
uvas full and ample manner as any. other perfon or perfons whatfoever. '■
\
An aB for altering the times for holding the county courts of Edgcomb, HalifofCi and Pitt. CHAP. 51.
U'he luhele oj this act epccept part ef the fecond/eSlion repeated, Vol. 2. lOQ, 166.^ ^ . '
•II. 'a ND whereas by the alteratbns <sf the county courts of Edgcomb, it becotties ^bfoltitely h^^ijeiTary *" ^*''^"'"'' '
Jj\_ that the neighbouting.courts.of Halifax and Pitt cTounties fliould be altered ffbrii fhedays on which ' •
by law they are now appointed ; Be it further ,enaSied by the authority afgrefaid^ That frpm and after the aext
courts to be held for<thefaiiJ counties of Halifax and Pitt, tlie courfsof plea? and quarter- felTions for tlielaid a
counties fliall be held on the fpllowiBg days, 4o weV, for Halifax county, on the third Mondays in May,
Augufl:, November and T'ebruary, and that every procefs and recognizance returnable to the i
faid courts refpediively^^^ (feaU b^J^e^amable pn the gays by this ad appointed^- any law to the contrary
nptwithftanding.
■ ■ \
THE-TITLESOFTHEPRIVATEACTS.
.? An act to amfnd an rc^, fntided, " An act to remove all dis- 35 An act to emancipate certain persons therein mentioned.
ab lities tr-m S'mon C'eary, and cth'rs therein named." 36 An an for ascertaining the true courses of a trail of land OB "•!
54 An a<ft to repea:! part of an aiS pa-ssed at Newbern in the year Neuse river, in Craven county. ;
one thcD'ia (i seven hundred and eghty five, entitled, 33 An act to erect and establish a town in Rutherford county, '■,
" An aft f^r destroying wolves, panthers, wHd cats, bears, on land already procured by ^he commissioners for the *
' crovj's and iCjti'rrels in the several counties therein menti- purpose of buil.ling a court-house, piison and stocks for j
oned. " the said county, and to amend an act to regulate the town \
' 25 An z.?L xo eflfefl the cutting and clearing a road from the low- of Sali'ibury, and tor authorisii\g the commissioners in the i
cr end nfClic.ch mountain to the Cumberland settlements, town of Halifax to levy a tax on the slaves within the li» \
and fur ])reservipg and grantiilig safety 10 the inhabitants betties thereof. \
thereof. ' 39 An aft to prevent the ohstrufling fish from running up the i
26 An act t6 encourage the rnat ing of salt in Davidson crunty. streams and water-courses in Bertie county, and to clear I
38 An act for ihe better regulation of the town of Edetiton. the navigation thereof. j
*^ 39 An act for the bet tt r regulai ion of the town of Fa\ etteville. 40 An aft to amend an aft, entitled, " An aft to keep open Roan- i
30 An act to empower the adminisna'ors of Samuel Swann, of oke river ivc the passage of fish up the same, and other '
New Hanfiv. r c unty, Enquire, deceased, to sell anddis- P'irposes therein mentioned." '
pose of part of liie real estate of the said Samuel, for the 41 An aft to remove all obstruftion to the pasiage offish up the '■
pa^ r.icnt of his debt.s, in order to make the better provi- Neuse river. :
son for his fi.mily, and aUo to make conveyances for such 43 An aft empowering the court of Pitt county to establish a
I)art of the real estate as was sold by the said Samuel in free ferry over Tar river, at the town of Greenesville, ;
hislifetni-,e, and to levy a tax on the inhabitants of said county for •
33 An act to restore ti Hugh Ross, of Anson county, the land that purpose. ■
by him forfeited to the state, ' 44 ATI aft to empower the wardens of the poor for the county of
ZA AH act to appoint a trustee in the room of James Sampson, Currituck to lay a tax to enable the-n to settle the arrears i
Lsquire, deceased, who together with others was ap- due from the said county to persons who have supported «
po;n):«l a trustee for the purposes therein mentioned, by the poor, and for elefting wardens of the poer in the se- ■'•
an a<;t of assembly pasted at Fayetteville, one thousand veral counties within this state where no such have beea .!
s^A-en hundred an-) e ghty-sevep, entitled, " An aft to elcfted agreeable to law. ''.
vest in trustees certain powerafor the benefit of Elizabeth 45 An aft to empower the county court of pleas and quarter-ses-
Torrens and her chiSdren." sions in the county of Perquimans, to lay a tax for the * \
* S^ofes Iredell calls this a private act, and nmitted it. I imagine he vas misled by the title. \
VoL.i; ' 5X ' \
M6 mi.
purpose of repairing the prison, and building a gaoler s
bouse in the county aforesaid.
46 An aa for levying a tax in the county of Brunswick for the
purpose of building a gaol therein.
4Sr An adl appointing commissioners to repair the court house,
prison, and stocks, in the town of Hillsborough, for tfic
distria of HiiliboroUjjh, and to levy a tax on the irhabt-
tants thereof, for the benefit, use, and reparation ot the
streets of the town aforesaid.
48 An aa for levying a further tax in the several counties irf
Morgan distrid, to defray the remaining expence of build-
ing s court-house, prison, and stocks in said distrift, and'
also to levy a further tax in the county of Mecfcfenberg,
to defray the expence of the public buildings in said county.
49 An aa for establishing a town in the count/ Qf Hyde, on the
land of Joseph Gibbs.
50 An aft to enable William Nail, sh«riff of Wilkes county, to'
collet all the taxes due from said county for the year one
thousand seven hundred and eighty-five and the year one-
thousand seven hundred and eighty-six, and to allow hhn
Airther time to settle for his colleAion with the treasurer;
and also for giving a farther time to ^hn May, sheriff
of Rockingham, to colleA the arrearages of his unkinsT
fund and continental tax in said county,
32 An »A for establishing two places in the county of Nfew-Han^
over, for the purpose of holding general musters thereia^
for dividing the militi* of sud county into two ^stnSisi^
Suitable aiki convenient for the in^'abitatits t6 atttentl mif^'
ter at the respedlive places, and for appointmg the place
of holding courts martial in said cbuttty.
55 An aA' granting to the inhabitants living on the south side of
Meeklenberg county a privilege of holding a separate e-'
teSion for the nierhbers of assemU)^, and to repeal an iSt,,
entitled, " An aA for removing the public buildihgs of
Meeklenberg county froiii Charlotte to the centre of said
county.'*
54i An uSt empoweritig the coittmissieners theirein m'entioiied to'
build a gaol in the county of Anson, to levy a tax to de<
fray the expence thereof, and to cliange the mnio of New*
ton in said county to that of Wjdesborough.
&S A-n ad to extend an ad passed at Newbem the.twen'.y-ninth'
day of December, one thousand seven hundred and eigh<-
ty-five, entitled^' " An aift to empower the coiinty war«'
dens of the poor for the counties therein mentioned' to
build houses in their respe&ive counties for the reception'
of the poor, and other purposes,'' to the seVerat counties'
herein mentioned;
56 An aA to'repeal part of an aA, entitled, " An aifl to empow-'
er the' several county courts therein mentioned to lay a'
tax- annually, not exceeding three years, for the purpose'
of ere^ng or repairing the court-house, prison and >tock#
in each county when necessary, and for defraying the con-'
tingent charges/*
IU«d tiuree timoi iwd ratified in general Mscmbl/i the twcnty-seMna d«7 of Dectmbef, Anno Dom. 17^.
Signed by Alex. MartiH, «. si-
JPOHM SlTGRiAV^S> 5. (^^
17S8. 447
At a GETTER AL ASSEMBLY, began and held at Fayetteville, on the Third J^--;^;'„^^
Day of November, in the Year of our Lord One Thousand Seven Hun- Esq covwnor,
dred and Eighty-eight, and in the Thirteenth Year of the Independence o£
the said State : Being the First Session of this Assembly*
M aa for levying d iaxjbr th' fupport of governnUrtt^ and for the redemption of the old paper currenc^y contmen^ CHAV. t.
- ' talmoney and fpecie and other certijicatesy and Jor Jinking the Jiate currency. Vol, 2, 6,
rfempdrd^^ or provided J or by fubiequent ttasexcep they II. seaion.'l .'_. . .
VII. A ND be it enaaedy That if any juftice of tKe peade (hall receive any perfon'* lift of taxable J*^"*K J^"
/\ property without taking fiicK perfon's oath or afErmationi as the cafe may be, thereto, the ^^^
fuftice or juftices fb mifbehaving, (hall be deemed guilty of a mifdemeanor, and uppn conviaion in any
iourt having cognizance of the famej fliall be thenceforth fufpended from the exercife of his oflice.
Jn d£i to prevent the diminution of the public revenue ofthisjiate by the negleB of the county courts. chap. 2.
^ ■' ' Obsxtte, relating to CoUeaorsiftaxet.
'An aa to confirm the rigbit and iitles offeveral citizens of this Hate in certain negroes therein de/cribed, and pre. CHAP. 3.
venting unjufi and ^ekatious law-fuitSi
WHEREAS in the year i)M thoufind feven hundred and eighty-Orie, fuiidry Of the citizens of this
date did enlift in the lervice of the ftate of South- Carolina, in the brigade commonly called the
ftatettottpsi commanded by brigadier-geheral Sumjitfer, and feveral of them agreeable to their enliftment
and fervice did draw negroes, One for each private foldief, and officers in proportion to their rank, which
negroes were at that time taken from the difaffeaed Citizens of faid ftate by order of general bumpter,
for that purpofe ; and the gefteral affembly of the ftate of South-Carolina did fince, to ml, on the twenty
firft day of Marchi one thoufand feveh hundred and eighty-fOurj pafs an ordinance to indemnify bnga-
aier-g»neral Sumpter^ and the officers afting under his command during the BritiQi mvafion, in the fe-
corid feaion of which ordinance it is Ordained, that in all cafes where any property hath been taken trom
iny perfon tefident in faid ftatej arid appropriated to the public Ufe by order of the faid brigadier^general
•Thomas Sumpter^ fuch perfOn 6t perfons ftiall apply for redrefs to the legiflature, and not elfewhere ; yet
m difaffeaed citizens of that ftate, from whom thofe negroeS were taken, have fince inltituted lundry
fuits againft the citizens of afbrefaid of this ftate, for the recovery of faid negroes. For remedy whereof,
> I. i. it enaaed by the General Affmbly of the ftate of North-Caroliha, and it is hereby enaBedby the ctutho- S^S/^^/f "'•
ritioftaniei That where arty citizen Of this ftate (hall have aaually ferved in the aforefaid brigade, and ^^„ ^^^^.^^^
drawn a negro or negroes for faid fervice* if there is or hereafter ftiall be any fuit or fuits for faid negroes them for s«r-
commenced againft fheni, or any of them, or arly perfoii ot perforis claiming by, from or under them, or -^« - 5«^"^.
any of theni, on the faa being proved to the fatisfaaion of the court and jurv trying the caufe, that uch ^^^ ^^
iiegfb or negroes were regularly drawn in cbnfequence of faid fervicej a verdia and judgment Ihall be ^^^^.^^ ^^^
Wven for the defendants ; any law* ufage Or cuftom to the contrary notwithftandmg. Provided nevertbe- ^^^ ^,^.^;^^ ^^
Ufs\ That nothing herein fcbritained fliall be conftrued to veft the property of any negro or negroes, taken other states.
by any perfoii or perfons bf the aforefaid brigade, and not fpeeially delivered to thd faid troops for their pay
ih the manned aforefaid fo^ faid fervice. And provided alfo. That nothing herem contained fliall precmde
Citizens bf Other ftateS, except thbfe of South-Carolina, from recovering their negroes, if any may have
be^h taken for the piiipofes aforefaid, who have not applied to the ftate of South-Carolina agreeable to
the diteaions of the aforefaid brdinance for fatisfaaion, and received the fame.
Hn da once more to extend an act, entitled, « an aa to pardon and confign to obiivion the offences and mif- CHAP. 4
fcbridua of certain perfons in the counties of Waftiington, Sullivan* Greene and Hawkins. Ante p. 423.
I. J^Eit enaaed bf the General AfemblyofthefiateofNorth-Carorma, and it is hereby ena^ ff"n P««'°n««end-
Xj rity ojthtfimt. That the laid aft, and every claafe thereof, (hall be and w hereby extended to all ed, &c.
4i8 1788, pesrfons v/itliin the counties aforefasd, who are defirous of availing demfelves of t^e benefits and -advan- 1
i-t'v*' tagcs held out I'D them by the faid ai^ : and it is liereby declared, that th,ey are and {hall be pardoned for I
the crimes mentioned therein, and for all crimes of a fimilar nature commirted fince the paffing of the a£b J
tor/iitionj. afbrefaid, and prior to the pafling of this ad, and freely reftor«d to the privileges of citizens .- Prcvidedt
That the p^rfons meant and intended by the above mentioned a£t of pardon and obliirionj fhall witWn three '
months from and after the pafling of this aft, take thfe oath of allegiance to the ftate of North- Carolina,
> before the judge of the fuperior court of the diftrid of Wafliington, or any county court in faid diftrift.
Nit to extend Provided aljb^ That the iA aforefiid fhall not extend to any crimes, offences or mifcondudJ of the perfons
"u*"^off'nc above mentioned, which may be done or committed fiibfeqiient tb th^ paffitlg oiF this aft. fhi fvjl repeal-^
quento ence. ^^^ 1789,7. ' - ■ '
CHAP. 5.
To/. 2.9,151,
178.
No monies, &c.
VN-oii by gam-
ing recovera-
ble, horse ra,-
ces excepted.
Securities veic).
Former afls
repe-4cd.
Ante p. 177.
An aS to revive part of an aB tntitled « An aft to fupprefs exceffiye gaming."
HERE AS by the repeal of the above recited aft, gaming debts to ^ny amount are recoverable be-
fore any jurifdiftion in the ftate, whereby maay abufes and injuries arife, and vice and itmnpr^
tality are etjcouraged : for remedy whereof, .■< / ' ■ ! ,»
I. Be it enaSied hy the General .'ifembly ofthtjlate cf Nerth-CaroUrfa» and it it hereiy enaSkd by the au-
thority of the fame y That from and after the paffing of this aft, every prpmife, agreement, note, bill, bon4pB
other coatraft, to pay, deliver, or fecure money or other thing won or obtained by playing at cards, dicew
tables, tennis, bowels or other games, horfe-racing excepted, or by wagering or betting on either of the
parties who Ihali play at fuch games, Or to repay or (ecure money or other thing lent or advanced for that
purpofe, or lent or advanced at the time of fuch gaming, playing, betting, laying or adventuring, fhall be
void ; and every conveyance or leafe of land> ten^inents or hereditaments, fold, demifed or mortgaged, and
every fale, mortgage or other transfer of flaves or other perfonal eftate to an^ perlbn, bf for' his iife,ilO
fatisfy or fecuje money fo won, lent or advanced, on due propf ro?i4? V?f9]r?.any iurifdi^^ioii heaving cog^
nizance thereof, fliall be and is hereby declared void. " • ' ' ' ' ' '■ ' t'
II. And be it further enaBed by the author. ty ofthe/ame, That every ift' Or j[Ja)ft. 6f 'sUfts,' ^oihitig .'rt^tSin
the purview and meaning of this aft, fliall be and is hereby declared void. " ''' ' ' '" -*'
III. And be it further enaBed by the authority a/orefaid, That an aft entitled "Atl aft tb prevent carcfipfe^
ing and other deceitful gaming," pafled at Newbern, in the month of December, 6iie thonl^ntf feven hunjf.
dred and feventy, is hereby repealed and made void.
CHAP. 6.
.*nte p. 433.
Former afls
contiiiijcd
tvYtivc-raonihs.
CHAP. 7.
Pen on per-
SOHS trading
with slaves,
&c.
3 pafed at Tarboreugh, in IXecemh r^ one thoujand fevcn hundred and ei^Iiiy-fevettt
xingthe final fettlemeat of unliquidated clauiis agsjafl this fl'ale, and againft the
Vcv., on slavep
offering any
An aB for continuing an aB
entitled « An aft for fix
United States within this ftate.
I. TT^ E enaBed by the (central AffimUy oft thefiate of North'Carolimy and it is hereby enaBed by the duihorify ^
J^y the fame, ich^t fo much of the before recited aft as refpefts theadjuftment of unliquidated claims
againft this ftate by the comptroller, be and the fame is hereby declared to be in full force for and during
the fpace of twelve months from the dati^ hereof.
An a&. to amend flu fever al uB.s of Affembly t-q prev.it dealing, or t^aff eking with jlcv's.
WHEREAS the iaws and regulations made to pievent dealing and traflicking with flaves^ have bem
found infufficient to prevent that pernicious praftice .•
J. Beit therefore enaBed by the General AffcinbJy of the (lute of North-CaroHnayatifl U is hefcby enaBed by th^
authority of the fame. That if any free pcribn fliall either buy from or fell to. any ftave or flaves, any kind
of goods or commodities whatfoevei, or any other thing, without a permiflion in writing, fetting forth the
identical article or articles fuch flave or flaves may have for fale, froni the mafter, miilreTs or otJber perfon
having the management of fuch flave or Haves, evtiy fuch free pcrfon fh^ll on convijftion forfeit and pay
the fum of ten pounds, an! be further liaboe to pay all damage,s that may aCcrne in coiifequence of fuch
trading or tralhcking : one half thereof to tht perCoii inforrning, the other half to the perfon injured, to b<?
levied of his or her property as other recoveries by !av/ ; and if the offender fliall not have fufticient pro*
piiTty to fatisfy the judgment, thiin fuoh oitender Ihall be committed to doie cuftody, and Qm^ remiin i||
piiiori without bail or'mainprize for any time not e,<ceeding three isionths.
If. And be if fttrther enacted, ITiat if any flave or flaves fliiaH hereafter offer any articie whatever for fal«
without permiflion from his or her owner, mafter or ov«rfecr, it fiiall ormay be lawful for anypefrfoii
. , i- -u J r.^t, flo^ra rtr flivp.! anH on c?ue proof of the ofFence being made on oath 1738.449
knowing the fame, to ^PF^^^f J^^^^J J Ve m ^^^^^^^^^^ S Ce or flaves to receive^any number of v^ »
before a juftice of the peace of the «=°"f J' J^' ^^^^ ^^^^^^^^^ >,,^,j,^ neverthMs, That this ad fhall """8 fo-^le
lafhes, not exceeding thirty-mne, on his, her, or then bare oacK. jrrovtatra m^-w j , ^^^^^^^ ^^^^
;iot have eflFea or be in foiCe until after the firft day of March next. miwion.
:^aa to repeal part of an aB entitled'^ An ^€t for the revifmg and colleaing the aas of the general aflem- chap- J^^
'- ^ "^ -^ ' ' blyof theflateofNorth-Carohna.' uaaiuejfeei.
An aa to continue an off al'oiuing falaries to the governor and other officers ofjlate. CHAP. 9.
E it ZZ lyZ General AffemUy fj the fiaie of North-Carolina and rt ^s hereby ena^ed hy the au- Aa cont.nued.
^LZofthe /.,».. That a/a£l envied « An aa allowing falanes to the g^^nor and other o, ^^u,,a,.
' £ce^f the ftVe," paVed at Tarborough, in one thoufand f^ven hundred and eightyfeven, (hall be, and is 414.
lereby continued in force until the end of the next feffion of the general afl^mhly. (a)
% An aafor eflablifliing the dividing line befween the counties of Burke and Rutherford. CHAP. 10.
WHEREAS the dividing line between the counties'of Burke and Rutherford hath not yet been efta-
bWhed, in confcquence of which the lands weft of the Apalachian mountain have b^en indifcn-
^minately entered in the refpeaiye counties, contrary to the intent and meaning of an aft of aflembly i«
Ht^^^^^yf^e General AJfe^bly oftheftateofNorthfaroUna^anditish^^^^^ .„^^ DW.di„, Hne.
hy he authority if the fame, tL the line as laid out, marked and extended by Jofeph MDoweH junior
■i the year one thoufand feven hundred and eighty-five, viz. beginning at the weft point of the line that
formerly divided the above faid counties, thence weft to the Indian boundary as m the aa of a^embly of
hefeventeenth of P^ay, one thoufand feven hundred and eighty-three ; wh,ch line is hereby eftabhfhed
;Jo be the dividing line between the counties of Buike and Rutherford j any law, ufage or cuftom to the
contrary notwithftanding.
An aa to Qnnex part of Dobbs county to the county of Jones. CHAP. 12.
WHEREAS it is reprefented to the general aflembly. that it would greatly add to the eafe and con-
venience of a number of the inhabitants of Dobbs county, to be ^dded to the county of Jones :
I. ^e it therefore enacted by the General Afjembly of the Hate of North-Caronna and tt ,. hereby enacted by th. Dividing line.
' a'^thoriis of the same. That all that part of Dobbs county lying between the following lines, beginning at
Dortche'/miU, on Trert river, running from thence a direa line to the widow Jerman s and from thenca
toDuplinline. then with the fame to Onflow line, then with Onflow me to where Dobbs and Jones
line interfea the fame ; and that all that part of Dobbs between the faid lines, be and the fame »« hereby
added to and made part of Jones county. Provided always, That nothing in this aa (hall be underftood
-Ko prevent the (htriff or coUeaors of Dobbs county, from colleaing all public taxes which are now due,
or may be due for the year one thoufand feven hundred and eighty-eight, m that part of the faid county
which comes within the defcription of this aa.
II. [Unneceffary to be inferted.^
4n aatoexplain « An aa direaing the duty of nival-ofHcers, and all mafters of ve(rels coming into any. ^HAP. is;
■ ' ■ ■ of the ports or inlets of this ftate." Superceded h7
■ iheauthotityof the U. States under their constitution, adopted by this state in 1.0^,-.
Anaato'anneKpartof the county of Carteret to the county of Jones. CHAP. 14.
WHEREAS it is reprefented to the general aflembly, that it would greatly add to the eafe and con-
venience of a number of the Inhabitants of Carteret county, to be added to the county of Jones :
I. Be it therefore enactedbythe General A^mbly ofthefiate of North-Carolina, and U " hereby enacted *> 'J' Part of C '
cuthorHy of the fame. That all that part of Carteret county lying on the north fide of White-Oak river JJ^^-^^^ »
. and on the weft fide of Hunter's creek, be and the feme is hereby annexed to and made part of Jones
' county. Provided always. That nothing in this aa (hall be underftood to prevent the fhenflfor coUec-
Ca) The aa bere continued I have not been able to find in the colleflion oF the afls of that session.
Vol. I. ^ Y
450 17S8. tors of Carteret county, from colIe3:lng ^11 public taxes th;it are novc dile, or may be due for the year
Vii^-v->*J one thoufand feven hundred and eighty-eight, in that part of the faid county which comes within the
defcription of this aft.
CHAP. 16. An aH to ejlablijba company for the opening the navigation oj the Catatoba rl'Oer. RlPEdtEEif VoLii lOi* |i
CHAP. 20.
VaL 2, 88
Ante p. 201.
An aSl to a mend an nB, entitled, " An a£V to prevent demeftic infurreftions."
WHEREAS by the before recited aft it is enafted, that no jJerfonlhall Uberate or fet free his other"
flave except for meritorious fervices, to be adjudged and allowed of by the county court, and by
the faid aft it is direfted in what manner and for what purpofe flaves illegally liberated (hall be apprehend-
ed and fold .- And whereas divers perfons, from religious motivesi in violation of the faid law, continue"
to liberate their flaves, who are now going at large to the terror of the people of this ftate : And whereas
the mode prefcribed for apprehending fuch flave or flaves, is found by experience not to anfwer the good
purpofes by the faid aft intended,, the power of apprehending liberated flaves being confined to freehold-
ers only, and optional in them whether they wilpexercife the authority or not \ and it appearing the faict
law is not fully adequate to the good purpofes intended : Therefore,
■ I. Be it enaSied by the General Jfembly of the Hate of North-Carolina, and it it hereby enacted by the authority
ofthefamey That from and after the pafling of this aft, if any flave bath been liberated contrary to the be-
fore recited aft, fhould be ftill within the limits of this ftate, and all flaves liberated after the pafling of
this aft, Ihould be known or fufpefted to be lurking in any of the inhabited parts thereof, then and in
fuch cafe, on infornnation made to any jAftice of the peace by any freeman, of fuch liberated flave or flaves
going at large or lurking about, contrary to the true intent and meaning of the faid aft, then and in fuch
cafe the juftice to whom fuch information is made, is hereby empowered and required immediately to if-
fue his warrant, dire6ted to the ftierifF of the county, commanding him to make diligent fearch and to
apprehend all fuch flave or flaves, and to commit him, her or them to the gaol of the county, there to re-
main until the next fucceeding court of the county ; on which warrant all proceedings (hall be regulated
in the fame manner as is direfted by the before recited aft ; and that the psrfon or perfons apprehending
any fuch fljve or flaves by virtue of any fuch warrant, (hall be entitled to the emoluments as is allowed
to freeholders by the before recited aft. Provided neverthelefs. That nC'.hing in this aft (hall be conftrued
to debar any freeholder or freeholders from fbepping forward in the execution of faid law in the ufuab
manner, or to diveft them of the emoluments given by the laid aft.
CRAP. 21. An a9 for the relief of Jormer /beriffsy and for directing the comptroller as to the tuaitner of Jettling their ac-
counts. Expired.
Proceedings a^
gainst slaves
liberated con-
trary to the 0-
-'"^inal aft.
CHAP. 22.
Ante p. 443.
An act for improving the navigation of Albermarle found.
WHEREAS it appears to the general aflTembly, that by opening a navigable pafTage into the ocean>
near the ifland of Roanoke, the navigation of this ftate would bis greatly improved, and the value
of lands lying contiguous to Albermarle and Pamplico founds," and that the waters that communicate with
them, will be encreafed •, and it being reprefented that many citizens of this ftate are willing to contribute
to efFeft this beneficial and necelTary work :
I. Be it therefore enaSted by the General Affembly of thejtate of North-Carolina, and H is hereby enaSledbf
the authority of the fame. That his excellency Samuel Johnfton, Whitmill Hill, John Skinner, Jofiah Col-"
lins, Demcy Conner, Hardy Murfree, Charles Johnfon, David Meredith, Chriftopher Clark, Thomas Stew-
art, Lawrence Baker, Morris Baum, Ifaac Gregory and Nathaniel Allen, be and they are hereby appointed-
commiflTioners to receive fubfcrlptions for the purpofe aforefaid, five of whom (hall be a quorum.
II. nnd be it enaSied by the authority afore/aid. That the commiflioners aforefaid be and they are hereby
declared to be a body corporate and politic, and as fuch they (hall be capable to fue and be fued, under the
Their general name of the commiflTioners for cutting Raleigh canal ; and they are hereby authorifed to purchafe lands,:
power. make contrafts, and to do all things necefl'ary for the above purpofe.
How to obtain III. And be it further enaSied by the authority aforefaid. That if the lands through which the faid canal is
lands. intended to be cut, do belong to any perfons unwilling to fell them at a reafonable price, or to a feme co-
vert, minor or abfentee, it ftiall be lawful for the faid commiftlonerS) or fuch perfon as they ihall au^orife
Commissioners
appointed.
locotporated.
for t\\e pjlrpofti, to apply to ihy Juftice of the peace of the County who is hereby required to caufe feven 1788. 451
freeholders to be fummoned, to value the fame upon their oath ; which valuation (hall be returned to the i«««»v«*i»
next county court, and upon the commiiTioners, or any perfon for them, paying to the clerk of the court,
for the ufe of the former proprietor of the land, the lum to which the lands were valued, the faid lands ftiall
be veiled in them and their fucceflbts forever.
IV. And be it enaciedby thi authority aforefaid. That if the film which may be fubfcribed (hall appear in- Money to be
adequate to the undertaking, the faid commiiTioners (hall within three years from the pafling of this aft, ^^^"'"^ig '^ '"'
return the fums of money received by them to the fubfcribersrefpedively ; and if the faid commilEoners
ftiall not within three years after the pafling of this aft, begin to work upon the faid canal, inlet or paffage
to the ocean, it ftiall be lawful for the fubfcribers to fue for and recover fuch fums as they may have ad- DireSionsto
vanced for the above purpofe. '*'« commis-
V. And be it further enabled hy the authority dfortfaidy That the faid commiflioners, of af majority of them vacancies how
ftiall meet annually, •When they ftiall appoint fuch ofiicers as may be neceffary to make out their accounts, to be supplied,
a fliate of which they ftiall publif.i every year ; and in cafe of the death, refignation, inabihty or removal
of any of the commiflioners aforefaid, they ftiall eleft perfons in ther room and ftead by a majority of votes, Former aa re-
who ftiall poflefs all the powers given and granted by this aft. repealed.
. VI. And be it further enacted^ That an aft pafted at Tarborough, entitled " An aft for promoting the
navigation of Albermarle found,'* be aiid the fame is hereby repealed and made void.
An act to adviit to tcurd certain detds, grants and patents for Imds here' of ore obtained. CHAP. 23.
WHEREAS it is reprefented to this general aflembly, that fome of the record books belonging to the
fecretary*s oflice, in which deeds, grants and patents heretofore obtained have been recorded, are
- how loft: oi otherwife deftr'^yed, whereby many of the good people of this ftate may be greatly injured :
for prevention whereof, vs a t,
I. BE it emSied by the General Ajfemblyofthefiate of North-Carolina, and it is hereby enaSled by the authori- Jg^g^^orded**
iy of the fame. That it ftiall and may be lawful for his excellency the governor for the time being, by and where record
with the confent of the council of ftate, on application of any perfon or perfons having a deed, grant or pa- books have
tent for lands in fuch predicament, (provided it ftiall appear to them that fuch deed, grant or patent had ''^®" '°^'' ^"^'
been fairly obtained, and the requifites of the law fully complied with) to order the fecretary to record
fuch deed, grant or patent ; and on fuch order, the fecretary is hereby direfted to record in his office fuch
deed, grant or patent for lands fo ordered, together with fuch order ; which deed, grant or patent fo re-
corded, fhall be as good and valid in lawj to all intents and purpofes whatfoever, as if fuch former records
had never been lofl or defl;royed j and in any controverfy at law that may happen in conlequence thereof,
this aft may be given in evidence to fupport the validity of the record of fuch deed, grant or patent ; any
law to the contrary notwithftanding.
j^« a3 for the relief of pir/ons who have fuffered or may fuffer ly their grants, deeds and mefne conveyaacet not chap. 24.
hiing proved and regiflertd within the time heretofore appointed by law, and tc grant a further time for regif' Vol. 2,33, 136.
iering certain grants heretofore ijfued from Lord Granville's o^ce^ and to direct tranfcripts of the records of ^-^^q ,7
Orange and Tyrrell counties to be made,
WHERKaS many perfons through ignorance of the law have neglefted to have their grants, deeds
and mefne conveyances regiftered, according to the direftions of the feveral afts of afTembly in
fuch cafe made and provided : for remedy whereof,
I. Be it enacted by the General AJfembly of the fiat e of North-Carolina, and it is hereby enacted by the aUtho' .j.-^^^ (jj^ -^^^
Hty of the fame. That all grants for lands entered in the land-office under the prefent government, which tering grants
have not been regiflered within the times heretofore appointed by law, fhall and may, within two years "o* already re.
after the paffing of this aft, he- admitted to regiflration, and fhall be as good and valid as if they had been S's«ered,
tegiflered within the time heretofore allowed by law.
II. And be it further snaSled by the authority aforesaid. That all deeds and mefne conveyances of landsj Tiihe for resu.
teiietrietits and hereditaments not already regiftered, acknowledged or proved, fhall and may, within two tering deeds
years after the pafling of this aft, be acknowledged by the grantor or grantors^ his or their agents or at- a"d mesne co::^
tornies, or proved by one or mote of the fubfcribing witnelTes to the fame, and tendered or delivered to ^^y*''''^*^;
the regiflers of the counties where fuch lands, tenements or hereditaments are refpeftively fituated ; and
all patents, grants, deeds and mefne conveyances whatfoever, which fhalf be acknowledged or proved ac- -j
cording to the direftions of this aft, fhall be good and v«lid, and enure and take effeft as fully, to the
4:52 1788. ufe and benefit of :he grantees, their heirs and affigne, as if fuch patents, grants, deeds and mefne Gonr
'■^^"f*-^ veyances had been acknowledged or proved and rcgiftered agreeably to the dire£lioni> of any law hereto-
fore made. . "
in'"a^nd "le"!"^ Ill- And whereas many perfons through inatLentiop have failed to have their grants, heretofore iflued
tering grants f'^'^'" ^'^^^ Granville's office, regiftered withm the time limited by afl of aflenibly, pafled at Tarborough,
from Lord in November, one thoufand feven hundred and eighty-feven ; Be it enaEled by tb^ authority aforefaid, Tha^
GmnviUe's of- all grants heretofore iflued from Lord Qranyille's office, and not yet regiftered, may be adnjitted to
probate and rpgiftration at any time within two years from and after the paffing of this aft, under the
4n;«p, 443, rules, reftri£lions and provifions contained in the adi aforefaid, pafled at Tarborough, In November,
one thoufand feven hundred and eighty-feyeq, entitled, " An a^: to amend the feveral a£ls of afl'embly
heretofore pafled, for giving further time to furveyors within the different cojinties to make their furveya;
and return plats thereof to the fecretary's office ; and for giving further time for the regiftration of cer«»
tain deeds iflued frpm Lord Qranville's office, and marriage contracts therein mentioned,"
IV. [^Private : cencerning the records of Or apge and Tyrre/.^
Certain west- ^' "^^^ ^^ tt further enacted^ That all lands entered in the office of John Armftrpng, weft of Cumber-;
em lands how '^'^'^ mountain, fhall be regiftered in the county in jvhich the proprietor of the faid lands may refide ?
to be register- Provided always. That perfons owning fuch lands in the ftate, weft ward of the faid mountain, and not
^" refiding therein, ftiall regift^r their grants for fuch lands in the county of Hawkins. ' '
CHAP. 25. ^^ act to amend an acty entitled, « An~a6l for appointing the place of holding courts of pleas and quarter-
Pnvate except feffions in the county of SulUvan j" and to alter the time for holding the fuperior court far the difirict of
tie St/b section Favette^ ■ ' " ' ' ' ■ '
repealed, - * °
1790,3
CHAP. 28. ^** aBfor dividing the comty cf Davidfon,
WHEREAS the great extent of the county of Davidfon renders it inconvenient to the inhabitant^
thereof to attend courts, general niufters and eleftions ,* '
Tennestee ^' ^^ '' enacted by the General AJembly gf the late of North-Carolina and it is hereby enacted by the authori-
cduiity€re<9ed. ty of the fame, That from and after the paflTmg of this a£t, the faid county of Davidfon fliall be divided by
a line beginning on the Virginia line, running fouth along Sumner county to the dividing ridge between
Cumberland river and Red riyer, then weftwardly along the faid ridge to the head of the mam fouth
branch of Sycamore creek, then down the faid branch to the mouth thereof, then due fouth acrofs Cum-
berland river to Davidfon county line j and all that part of pavidfon county that lies to theeaft of the
faid line, (hall continue and remain the county of Davidfon ; and all that part of the faid county of Da-
vidfon thathes weft of the faid line, (hall be ereiSed into a county by the name of Tenneflee.
[J he r mainder unnecejfary tf be infertcd ]
CHAP 29 ^" °^ '•? '"^'"'*' ^^*'^ "f '*' county of Wafbington to Sulliv n,
WHEREAS the annexing a part of ths county of Wafliington to Sullivan, will tend greatly to th^
eafe and convenience oiF thofe inhabiting the fame :
Part of Wash. I- Se it therefore enaciecf by the Gen ral Affembly of the fate <f North- Carolina, and it is hereby enacted by
ington added to the authority of the fame. That from and after the pafling of this ad, all that part of Wafliington- county
Sullivan coun- included within the following bounds, viz' Beginning at the head of Indian cieek, where the line di-
'^" " vides Wafliington and Sulliyan counties, thence a ftr?it lin? fcuth of David Hughes's_ thence a ftrait line
fouth of Francis Hodge's to the Walagea river," theuc? dovi^n the meanders of faid river to it? junaion
with Holftein river, thence >ip the line which divides Wafliingtop and Sullivan counties to the firft fta-
tion, be and the fame is hereby annexed toV and fliall b? and remain a part of the county of Sullivan ,•
Provided, That nothing in this aft ftiall be underftOod to prevent the flierifi'of the county of Waflfiington
to collea all public taxes now due, in that part of the cr-unty which comes within the defcription pf this aft,
II [Unnecejfary to be infert'd.'] ■ -"
CHIP 30 ■^'^ ^^ *-o (mpower the commanding, officers of the counties nf Green, Wafliington, Sullivan and Haw-
kins, to end ajidtion ort the Norihfde of the rwer Tennf/'ee, for the protection of the frontiers
and to infure fafety to travelers on the new road to the Cumberland filtlements ; alfo to empower
the county court of Moore to lay a tax for repairing the public buidtngs of the /aid county. Ojf-»
liOLETE.
Art act to amend an acty entitleiy " an aft to^ftablifh a fuperior court pf law ancl equity in the county of 1739. 45S
Davidfon," and Jor erecting the fdd comty pf D^widfonf and the counties of Sumner and Tennejfee^ iftto a-K^-^r^
Jiparate dijlri(^. Ob&OLETE. * CHAP. 31.
■-■■''' ^ l7o5, 4r.
An act for aptnnting on additional judge of the fuperior court of the diftrict of Morgan^ and for the relief of per- CHAP. 32.
fans tttko have or may l^reafter /orleit their recognizances in the superior and county courts. ^ol. 3. 78, 182.
|II. A ND whereas application hath often been made to the general affembly by perfons who have for- p. ^^^. ^ ,
_^"j^ feited their reeognizauces, and conceive they have reafon to pray relief therein : Be it ena^ed f„,,.g
hy the authority (f^rifaid, That the judges of the fuperior court in their fevera! diftriflsin court, are here- lleiicf for for-
by fully authorifed and empowered to receive, hear and determine on the petition or petitions of all per- f'!'^^'^ recog-
<ibns who rnay conceive they merit relief on their recognizances forfeited, and to leflen or abfolutely re-
mit the fame, and to do all and every thing therein as they fhall deem juft and right, and confifterit with
the welfare of the ftate as well as the perfons praying fuch relief ; which power (hall extend to the relief
joi thofe perfons againft .'jvhom final judgment hath been entered, and execution awarded accordingly.
:IIL And be it further enadted by the author, ty aforefnidy Tha,t the/everal county courts of pleas and quar-
.ter-fejlions in this ftate, (hall have power to remit or mitigate all fines by them infliftedj and all forfei- '^"""'T courts
lures on recognizances, previous to entering fingl judgment thereon ; prowiif^ a majority of the juftices in fines, fcc*
the faid county be.prefent when fuch remittance or mitigation (hall be made : Provided aljoy That if any
perfon or perfons (hall be diflfatisfied with the judgment or decree of any county court entering final judg- Provisoes,
ment againft him or them on forfeited recognizances, (hail be entitled to an appeal to the fuperior court
of the diftridl, urader the fame rules and regulations of other appeals ; which fuperior court is hereby au-
thorifed to determlne,pn the premifes a& in other cafes in this zQ. direfted : Provided, That nothing conpi
.tained in this a£l (hall be conftrued to debar the county folicitor, or attorney for the ftate, from appeal-
ing on any judgment given, wherever he (hall conceive the ftate has been injured, but that in aH fuch
determinations^ he is hereby esprefsly req^uiredto pray anappeal, which theiaid court fliall grant accord-
.ingly. •
A» aBia enoKirage the building ofn^onhvioirh in this Kale. CHAP^ 84.
'HERE AS it appears to the general ?irembly» that feveral places in this ftate are a^vantageoufly
fituated for the building,of iron- works ; and. in order to encoitrage any perfon or perfons who
.Will undertake and ere£l: the fan>e :
\. Be it er.oBed hy the General JJfeinbly xfthe Sate of North-Carolina y and it fs hereby enacted by the autho- Lands granteii
W^v of the fame. That three thoufand acres of vacant land, not fit for cultivation, ia[K)ft convenient to the of iron'-wo^
different feats, is hereby granted for every fet of irour works, as a bounty from this ftate, to any perfon
or peyfons who will build aiui carry on the fame \ to be under the following rules and regulations, viz.
Where any perfon or perfons intend to bu: Id iron-works, fuch perfon (» perfons may proceed to the en-
try-taker of the county where he intends to ere£t fuch works, and enter in one or more tra£ls the quanti-'
ty of bounty land allowed by this act for one fet of works ; and the entry-taker or entry-takers is and are
hereby required, to make oui: a copy of the land entered as aforefaid, and tranfmit the fame to the next
court that fliall be held in the county in which he or they are entry-talkers.
' XI. And be it further enacted by the authority aforefaid. That the court of any county in this ffarte, upon J"*7 *"'7''^w
Receiving the return of the entry- taker for the land as aforefaid, fuch court (hall proceed to appoint a jury * *"
confining of twelve perfons, who are of good chara£iter ,- and the jury fo appointed (hall proceed to view Pro;eedings on
the l^nd in their county entered as aforefaid, and if they (hall adjudge the land fo entered not fit for cul- theirretum,
tlvation, they (hall certify the fame in writing, and return the certificate to the next court held in their
county, and the court upon receiving fuch return, fhall caufe the certificate to be recorded by the clerk.
III. And be it further enaSed.by the authority aforefaid. That if any perfon or perfons who may enter land Conditions to
sgree&blw to this act, fhall ereft iron-works within the term of three years from the time of the jury's re- ^".''''^ '^^e P«"o«
turn, fuch perfon or perfons, on making it appear to the court of the county that he or they have made at {^"i^^g"" j°ted.*
faid works five thoufand weight of iron, fliall receive an order to the entry-taker, requiring him to i(rue
the warrants for the bounty land.
IV. And be it enaSled by the authority aforefaid, That fuch entry-taker upon receiving fuch order, fliall Manner ja
jproceedio iiFue warrants for thf lands granted by this a£k,witisout receiving any money for the ftate : snd "^^^"^ ^*
Vol. I. 5 Z
4.54. 1788.
prants are to
be obtained.
I.an'ls ev^impt
ffi'Ti taxation
10 years
CHAP. 36.
Division line.
7ime altered,
1790, 23-
the furve.yor upon receiving {\ich warrants, fhall proceed to fiirvey the fame as (bon as cortvemertt, and
make return to the fecretary's OiBcc, that grants may iffue for the fame ; and fach grantor grants fliall be
as good and valid to the proprietors of fuch works, their heirs or afTigns, as if tlie purchafe money had
been paid : Provided nevertbekfs, That if any perfon or perfons (hul! enter land in purfuance of tins a£^,
and fail to ere^ iron-works according to the true intent and meaning tliereof, the land fo entered fliall re-
vert to the Hate, unlefs the perfon who has entered the fame pays the purchafe money fot the ufe of the
ftate. -
V. ^nd be it ''urther enabled. That the bounty lands granted by this aft fbarll be exempted from taxation
for the term of ten years.
Art del f&r dividing the county cf Roivati.
HER.EAS the extent of the county of Rowan renders it in.:onvenienf arid trbublefome to many of
the inhabitants thereof to attend the courts, annual eleftions, juries and other public meetings
therein .•
I. Be it cnaEied by the General AJJemhly of the ftate of T^orth-Carolind, and it is hereh-^ en act id hy the du^-
thority of the same, That from and afte? the paffing of this a£l, the faid county of Rowan (hall be divided
by a line beginning where Coddle creek enters Mecklenberg, and running up the eaft fork of faid creek td
the road leading from Beatie's ford to Salifbury, from thence a ftrait courfe to Alexander M'Korkle's, fe-
nior, from thence to the foath fork of the Yadkin river, at the mouth of a branch in M irgaret Dobbms's
meadow, and from thence due north to the Surry line ; that all that part of the faid county of Rowan ly-
ing weftwar^ly of the faid dividing line, (hall thenceforth be ereclsed into a nevv and diftinft county, by
the name of Iredell.
II And the juftices for the faid county of Iredell are hereby authorifed and empowered trf
hold the firft court for the fame at the houfe of William Durfieg, and all fubfequent courts for faid coun<
ty on the days above appointed for holding courts therein, at any place to which the faid juftices (hall
from court to court adjourn themfelves, until a court-houfe fliall be built for the faid county of Iredell,' and-
then all caufes, matters and things depending, in the faid court, and all manner of procefs returnable to
the fame, fhall be adjourned to fuch court-houfe ; and all courts held in and for the faid county of Iredell,
fhall be held by commiflion to the faid jutlices, in the fame manner, and under the fame rules and re-
ftriftions, and ftiallhave and exercife the fame powers and jurifdidlion, as are or ihall be prefcribed for
other courts held for the feveral counties in this ftate.
[^The remainder, except the fourth feEtion, immaterial to be in/erted.']
IV. And be it further enaBed by the authority aforefaid. That after tlv3 pafling of this a£l, the faid county
of Iredell fhall be, continue and remain part of the diftrict of the fuperior court ot law and the court of
equity ufually held for the diftri£l of Salifljury ; and the county treafurer of the faid county of Iredell,
fhall from time to time account for and pay to the treafurer of this ftate for the time being, all public levies
by him coUefted, or wherewith he fliall be chargeable, in the fame manner, and under the like pains and
penalties, as other county treafurers.
An aB to annex part of Erunfiuici county td the county of Neiv- Hanover., ■
•^-lU^HEREAS it is reprefented to the general aflembly, that the inhabitants of Brunfwick county, who'
yV refide in the fork of Black river and the north- weft branch of Cape-Fear river, fuffer many in-
conveniencies in performing their public duties, having to crofa the North-Weft river, which in time of
frefties- is difficult, if not impra£licable * For remedy whereof, . . ,
Partof Bruns- j_ j}g if enacted by the General Affemhly of the Hate oj North -Carolina and it is hereby enacted by ths au^
Nvick added to fj^^y^y of the fame. That from and after the pafling of this ad, all that part of the county of Brunfwick •
anover. ^^.^j^ j.^^ j^^ ^.^^^ f^^j^ ^f Black river, and the North-weft, as far as the Bladen line, fliiU hereafter be'
annexed to the county of New-Hanover ; any law, ufage or cuftom to the contrary notwithftanding. Pro^
Includetl in Sal-
isbury distrliS.
CHAP. 40.
New-
Proviso,
CHAP. 44.
viied never thelefs, That nothing herein contained fliall prevent the ftieriff or collectors of Brunfwick coun-
ty from colleding the taxes due, or from fuits commenced to be profecuted to final iflue in faid county.
An aSi to anmx part of Bladen coutttyto Robefon county, and to amend an aSf, entitled^ «* an ai^ to divide the'
county of Bladen."
WHEREAS it is reprefented to this general aflembly, that all that part of the inhabitants weft of the
Great-Swamp, in Bladen County, are ingonveniently fituated to attend the public meetings at the
Wurt-houCe tn the ("aid county, and petitions to be added to the county of llobefon ; which would be pro- 1788. 45-.
tiuaive of many .dvantnges, by enabling them to keep in repair certain roads croffing the Great-Swanip, .^,r^
and alfo to attend the courts of Robefon county with much convenience, to wnich they (hould belong by
ihc authority af fame, That f/om and after thep.ffing of this ait, all that part of the county of Bladen weft ^^-^^^J'
Of the Great-Swamp, be and ihe fame is hereby annexed to and (hall remain part of the county of Robe^
fon . and that the dividing line between the faid two counties ftiall be and forever remain as herein def-
cribed, viz begin.ilng at the line dividing this ftate from South-Carolina, where it crofles Drowning creek,
and the faid Drowning creek to be the line (as it now is; tothe^outh of the aforefaid Great-Swamp,
thence up the meandert of the eaft fide of the faid fwamp to the head thereof, commonly called the Gal-
berry, and thence a direa line to the head of Gilley's branch, and down the meanders of faid branclv
to RockfiOi creek, arid thence to the neareft point to the Cumberland line.
iTke remainder umecjjarv to be in/erted.']
THETITLES OF THE PRIVATE A G T S;
II An aa to repeal pan of an- ail passed at Newbern, in Decern-
bef , one thousard seven hundred and ciglny-five, entitled,
" An aft for destroying wolves, wild cats, panthers and
bears, crows and squirrels in the several counties therein
rrentioned," .
15 An aa to atreud an aa, entitled, '• An aa to erea a towri^
on the lands of Matthew Figures in isTorthamptort court'/
17 An aa to repeal part of an aa, entitled, " An aa for the bet-
ter regulation of the town of Halifax, and extending the
liberues thereof; and for altering the mode of laying and
levying (axes in the to jvn of Edenton"
38 An act to emancipate a certain negro slave named Phillis, late
the property of George Jacobs, of the town of Wilmmg-
ton, deceased.
19 An act to empower the wardens of the poor for the county ot
Camden to lay a tax, toenablathem to settle the arrears
due from the said county.
2S An aa to quiet Thomas Brown, of Bladen county. Esquire,
in his title to and possession of divers lands, tenements
and heredita.nents therein referred to.
27 An aa to quiet in the possession of William Scott certain
lands therein described.
S3 An aa to amend an aa, entitled, <• An aA for the regulation
of the town of Hllsborough."
35 An aa to ereft and establish an acvlemy in the county of
Richmond.
S7 An aa to empower the county court of Cumberland to ap-
point inspea^rs for the warehouse built in Fayetteville
by Robeson Mumford and James Porterfield, established
by an aa of assembly, passed the twenty-ninth day of
December, one thousand seven hundred and eighty-five.
SS An aa to amend an aa, entitled, " An aa for the better re-
gulation of the town of Fayetteville," passed at Tarbo-
rough, in November, one thousand seven hundred and
eighty-seven.
39 An aa toam:ndanaa, entitled, " An aa for the promotion
of learning in the distr-a of Wilmington."
41 An aa to enable John Magee to inherit and recover the 68=-
tate of his reputed brother Jesse Stead, deceased.
42 An aa for ereaing a towi on the lands of Thomas Douggan,
in Randolph county.
43 An aa to amend an aa, entitled, " An aa fo amend an &&,■
eKtiiUd, An aa to remove all disabilities from Simon
Cleary, and others therein named."
43 An aa to empower the county court of Rockingham to lay a
furthar tax, to reimburse the commissioners the money by
them expended in ereamg the court-house, prison and
stocks in said county. . n- r ^
46 An aa empowering Thomas Johnstoti, late shei'iff of Ons-
low county, his heirs, executors or administrators, to col-
lea the sinking fund tax due from that county for ths
year 1786, and for giving him or them a longer time to
coUea and settle for the same, and for extending this aa
to the counties therein mentioned.
47 An aa to appoint commissioners to supeHntend the building
a prison and stocks for the distriA of Fayetteville, and tcr
levy a tax in the counties within the said distria, for de-
fraying the expences thereof.
48 An aa to amend an aa passed at Hillsborough, in the year
one thousand seven hundred and eighty -three, entitled,
" An aa to vest certain lands in fee simple in Richard
Henderson and others."
49 An aa to establish a town already laid off at the court-hotfstf
in Robeson county, by the name of Lumberton.
50 An aa to establish the town already laid off at the court-house
in Caswell county
51 An aa to authorise and enable John Golson to return into'
this state, and exercise the privileges therein msniioned* ,
Read three times, and ratified in general assembly, the sixth day of December, Anno Dom. 1789.
Alex. Martin, s. it
John Sitgreaves, s, 6,
r
456
Treaty of Peace between America »nJ Great-Britain.
BY THE UNITED STATES IN CONGRl:^^ ASSEMBLED,
A PROCLAMATION.
"Ante p. 439. ^UT^^^^^^ definitive articles of peace and friendfhip, between the United States of America an4,
^V h's Britannic Majefty, were concluded and figned atPsjris, on the third day of September, 1783,
•by the plenipotentiaries of the (aid United States, and of hisfaid Britannic Majefty, duly and refpe£lively
authorifed for that purpofe ) which definitive articles are in the words fpHowing :
In the name of the moft holy and undivided Trinity :
'T having pleafed the divine providence to difpofe the hearts of the mofl: ferene and moft potent prince
_^ George the third, by the grace of God, King of Great-Britain, Frapce and Ireland, defender of the
faith, Duke of Brunfwick and Xiunerjjurgh, Arch-treafurer and prince eledJor of the Holy Roman empire,
&c. gndof the United States of America, to /or get all paft mifunderftandings and differences that have
.unhappily interrupted the good correfpoxidence and friendlbip which they mutually yv'iQ^ to reftore, and to .
eftablilh fuch a hen^eficial and fatisfa£tory intercburfe, between the two countries, upon the ground of recir^ ;
procal advantages and mutual convenience, as may promote and fecure to both peirpetual peace andharmo- '
ny } and having for this defirable end already laid the foundation of peace and reconciliation, by the fH-evi- j
fional articles ngned at Paris on the 30th of November, 1782, by the comnriiffif^ners empowered on eadh
part, which articles were agreed to be infefted ill, and to conftitute the treaty of peace propofed to be con-. •
eluded between the crown of Great-Britain and the faid United States, but whicih treaty was not to be' !
concluded until terms of peace fliould be agreed upon between Great-Britain and France, and hjs Britannic
~ Majefty ftjould be ready to conclude fuch treaty accordingly ; and the treaty between Great-Britalu andt '
France having fihce been concluded, his Britannic Majefty and the United States of America, in order to
carry into full effect the provifipnal articles above mentioned, according to the tenor thereof, have conftw
tilted and appointed, that is to fay, his Britannic Majefty on his part, David Hartley, Efq. member of the
parliament of Great-Britain, and the faid United States on their part, John Adams, EC15. late a commiflion-
er of the UnitedStates gi America at the court of Verfailles, late delegate in congfefs frbm the ftate of
Maffachufetts, and chief jiiftice of the faid ftate, and minifter plenipotentiary of the faid United States to
their high mightinefles the States-general of the IJhited Netherlands v Benjamin Franklin, Efq. late delegate
in congrefs frpm the ftate of Pennfylvania, prefident of the conv.entlon of the faid Itate, and minifter pie- J
nipotiary from the faid United States of America at the court of VerfaiHes ; and John Jay, Efjq. late prefi- ■
dent of congrefs, and chief juftlce of the ftate of New-York, and miniller plenipotentiary from the faid «
United States at the court of Madrid, to be plenipotentiaries for the concluding and fijgning the prefciiit
definitive tr-eaty ; who, after haying reciprocally commijriic^tied. thejf refjje^ive fulfpoweTS, have agreeif
upon and confirmed the following articles : f :.-■,, .. ;
Art. I. His Britannic Majefty acknowledges the faid United States, vi?. New-Hampfhire, Maflachu-
fetts-Bay, Rhode Ifland arid Providicnce plantations, Gpnnecricu.t, New-York, NeWrJerfey, Peniifylv*-
nla, Delaware, Maryland, Virginia, North-Ca,roIIna, South-fcarolina, and Georgia, to be free, fove-
relgn and independent ftates ,- that he treats with them as fuch, and for hlmfelf; his heirs and fucceflbrs,
relinqulfti^ all (jlaims to the government, property, and territorial rights of the faine, and every part
thereof. • " ' ' '- • '■' ''
Art. II. And that all difputes which might arife in future, on the fubjefb of the boundaries pf the
faid United States, may be prevented, it is hsreSy agreed and declared, that the following are and
ftiall be their boundaries, viz. From the north-weft angle of Nova-Scotia, viz. that angle which is
formed by a line drawn" due north from the fource of St. Croix river to the Highlands, along the faid -;
Highlands, which divide thofe rivers that empty themfelves into the river St. Lawrence, from thofe :,
which fall into the Atlantic ocean, to the north- wefterrimoft head of Connefllcut river; thence down *
along the middle of that river to the foi'ty-fifth degree of north latitude -, from thence by a line due
weft on faid latitude, until it ftrikes the river Irriquois or Cataraqui ; thence along the middle of the
jiiid river into Lake Ontario ; through the middle of the faid lake until it ftrikes the communication bjr
r water between that lake and Lake Erie, threu^ the middle of faid lake, until it arrives at the \vater' 45?
"communication beiween tjiat lake and Lake Huron, thence through the" middle of faid lake to the wa-
ter communication between that lake and Lake Superior 5 thence through Lake Superior, northward of
the liles Royal and Phelipeaux to the Long Lake ; thence through the jniddle of laid Long Lake and the
water communication between it and the Lake of the Woodsj to the faid Lake of tlie woocis : thoiice
through the faid lake to the moll north-wellern point thereof, and frjora thence on a due weft courfe to
the river Miffifippi ; thence by a line to he drawn along the middle of the faid river Miffifippi until it
.ftall interfeft the northernmoft part pf the 31ft degree of north latitude, fouth, fcjky a line to be drawn
due eaft fi-oin the determination of the line laft mentioned in the latitude of 31 degrees north of the e-
qiiator, to the middle of the river Apalachicola or Catahouche } tlience along the middle thereof to its
jun£licn with the Flint jiver ; thence .ftrait to the head of St. Mary's river j and thence down along the
I middle of St. Mary's river to the Atlantic ocean ; ealt, by a line to be drawn along the middle of the ri-
ver St. Croix from its mouth in the bay of Fundy to its fource, and from its fource dire£tly north to the
aforefaid Highlands which divide the rivers t.hat fall into the Atlantic ocean from thofe which fall mto the
jriver St. Lawrence, comprehending all iflands within twenty leagues of any of the ihoresof the United
States, and lying between the lines to be drawn due eaftfrou the points where the aforefaid boundaries
bet ween Nova-.Scotia on the one part, and Eaft-FJorida on the other, fhall jefpeftively touch the bay
-pf Fundy and the Atlantic ocean, excepting fuch iflands as now are or heretofore have bepn withija the
^limits of the faid province of Nova-Scptia,
5 Art, IH. It is agreed that the people of .the United States fhall continue to enjoy unmolefted the right
\ to take fifli of every kind on the Grand-Bank,, and on all the other banks of Newfoundland, alfo in the
gulph of St. Lawrence, and all other places in the fea, where the Inhabitants of both countries ufed at
any time heretofore to fi^. And alio that thp Inhabitants of the United States fhall have liberty to take
fifh of every kind on fuch part of the coaft of Newfoundland as Britifh fifhermen (hall ufe, (but not to
diy or cure the fame on that ijland) and glfo on the coafts, bays and creeks of all others of his Britan-
nic majefty's dominions in America ; and that the American filhermen fhall havejiberty todry and cure
^(h in any of the unfetiled bays, harbours and creeks of Nova-Scotia, Magdalen Iflands and Labrador,
,fo long as the fame (hall remain unfettled ,• but fbfoon as the fame or either of them fhall be fettled, it
fhall not be lawful for tlie (?.id iifhermen to dry or cure fifti at fuch fettlement, without a previous agree-
ment for that purpofe with th^ inhabitants, proprietors or pofleflbrs of the ground.
Ar.T. IV. It is agreed that creditors on either fide fhall meet with no lawful impediment to the reco-
' very of the full value, In fterling money, of all bona fide debts heretofore contra£ted.
Art. V. It is agreed that congrefs fhall earneftly recommend It to the legiflatures of the refpedlive
flates, to provide for the reftitution of all eftates, rights, and properties, which have been confifcated,
belonging to real Britifh fubje£is ; and alfo of the eftates, rights, and properties of perfons refident Iri
diftrids In the poflelhon of his majefty's arms, and who have not borne arms againft the faid United
iStates ; and that perfons of any other defcrlption fhall have free liberty to go to any part or parts of any
of the thirteen United States, and therein to remain twelve months unmolefted in their endeavours to
otjtain the reftitution of fuch of their eftates, rights, and properties, as may have been confifcated ; and
that congrefs fliaii alfo earneftly recommend to the feveral ftates a re-confideration and revifion of all
3 Sis or laws regarding the prennlfes, fo as to render the faid laws or a£l:s perfedly confiftent, not only
with juftice and equity, but with that fpirit of conciliation, which, on the return of the bleffings of peace
fheuld univerfally prevail : And that congrefs (hall alfo earneftly recommend to the feveral ftates, that
tht; eftates, rights, and properties of fuch laft mentioned perfons fhall be reftored to them, they refund-
ing to any perfons who may be now in pofleflion, the bona fide price (where any has been given) which
fuch perfons may have paid on purchafing any of the faid lands, rights, or properties fincei the confifca-
/:Qn. ■ ' ' ' • . .
^nd it is agreed. That all perfons who have any intereft In confifcated lands, either by debts, mar-
riage fettlernents, or olherwife, fhall meet with no lawful Impediment in the profecution of their jufl
rights. " . -
Art. VL That there fhall be no future confifcations made, nor any profecutions commenced againft
any perfon or perfons, for or by reafon of the part which he or they may have taken in the prefent war ;
and that no pevfon fhall, on that account, fuiier any future lofs or damage, either In his perfon, Uber-
>jty> or property ; and that thofe who may be in confinement on fuch charges, at the time of die ratifica-
VoL. I. fi A
■458 tion oF the treaty in America, {hall beimmediately fet at liberty, and tlW profecutidi>S ifo cOmt^enceA- h4
difcoDtinued. ' ' ' ' ,
Art. Vfl. There fhaH be a Hrm and perpetual peace between his Britannic majefty and the faid {tate»
and between the fubjeQs of the one and the citizens of the' other ; Cvher-efore alj hbftilities botli' by fea
and land fhali from henceforth ceafe ; all prifonerS en both fideft fl'iail be let at liberty, and his Britan-
nic majefly. ihsll, wiih all convenient fpeed, and wichouf caufing any defliruftion, or Carrying aw.ijj.any
negroes or other properry of the American Inhabitants, withdraw all his armies, garrifons, alid^eets,
frona the faid United Sflites, and from every poft, place, and harbour within- the fame, leaving in all
fortifications the American artillery that may be therein ; and Ihall alfo order and caufe all archives, re«t j
cords, deeds, and papcr^j belonging to any of thefaid flafes, or their citizens, which in the eourfe ofj J
the war may have fallen into the hands of his officers, to be forthwith reftored,- and delivered to the pro«'^ 1
per ftates and perfons to whom they belo'ng. i
Art. VIII. The navigation of the river Miffifi'ppi, from its fource to the ocean, ihall forever remain' [
free and open to the fubjeila of Great-Britain and the citizens of the United States. |
Art. IX In cafe it (hould fo happen that any place or territory belonging to Great-Britain, or to tho'
United States, fliould have been conquered t)y the arms of either from the other, before the arrival ofi-
the faid provifional articles in America, it is agreed that the fante- fhall be reftored without difficulty, an<fci
without requiring any compenfation.
Art. X. The folemn ratifications of the prefent treaty expedited in good and due. form, Ihall be eoC""
changed between the contra£Hng parties in the fpace; of- fix months, or^ fooner, if poffible, to be com-'
puted from the day of the figriature of the prefent treaty. In witnefs whereof, we. the underfignedp :
their minifters plenipotentiary, have in their name, and in virtue of our -full power, figned witliour
hands the prefent definitive treaty, and caufed thefeals of our arms to be afiixed thereto.
Bone C2t Paris, thir "id day oj September y in the year of our Lord one thousand /even hundred and/
eightyrtkrte*
(L.S.) JOHN ADAMS.
(L.S.) DAVID HARTLEY.- (L. S^ B. FRANliLIN.
(L.S;> JOHN J AY.
Atid we, the united ftates in congrefs alTemWed, having feen arvd duly coofidered the definitive arti-'
-iles aforefaid, did, by a certain z€i under the feal of the United States, bearing date this 14th day of
January, 1784-, approve, ratify and confirm the fame, and every part: and claufe thereof, engaging and'
promifing that we would fincerely and faithfully perform and obferve the fame, and never fuffer them to'"
be violated by any one, or tranfgrelTed in any manner, as far as fhould be in our power : And being fin-
cerely difpofed to carry the faid articles into execution truly, honeltly and with good faith, according to
the extent of meaning thereof, we have thought proper, by thefe pre fents, to notify the premifes to all
the good citizens of thefe United States, hereby requiring and enjoining allbodies of magiftracy, legifla-
tive, executive 'and judiciary, all perfons bearing office, civil or miUtary, of what rank, degree or powers,'
and all others the goorf citizens of thefe States of every vocation and confideration, that reverencing
thofe ftipulations entered into on their behalf, under the authority of that federal bond by which their ex-
iftence as an independent people is bound up together, and is known and acknowledged by the nations'
of the world, and with that good faith which is every man's fureft guide, Within their feveral offices, ju*
rifdi£tions and vocations, they carry into eiFeit; the faid definitive- articles, and every claufe and fentence'
thereof, fincerely, ftridly and completely.
Given under thtfea\ofthe XJmtfd States. Witness his excellency THOMAS MIFFLIN, our pre^
Jidenly at Annapolis , this fourteenth day of January y in the year of our Lord one thoufand feven hun-
dred and eighty-four, and of thefovereignty and independence of the United States , the eighth.'
(L.C5S.) THOMAS MIfFLIN..
<?^ARIiES TH9MS0N, Se^rt/f^^
m
r
'Ordinance for fixing' ihe seat oi" Government of the State of N<5rth-Garolina.
ExtraSi from thtjournai of the Hmtfe of Commons, Tkuffda^, Deceiriber 6, 1787.
ED, That it be vecofnmendeii to the people of this State, ti
"Ty ESOLVED, That it be vecofnmendeii to the people of this State, to authorife and dired their ref-
1^ p.edive rcprefentativesy to be ele£led for the purpofe of delibferatihg on the federal conftitution, to
fix on the place foT" holding the fbture meetings of the General Afifertlblir, and the place of reflditrce' of
the chief offieete of tlie itate- , TfirMchy \^h&n fik^di ihaii be ctytiSdfetdd titiJ uiKihferable fM of gtfVef tirtient
for this ftate.
By a ConveffttiOft of delegates of the people of North- Carolina, ele^M pufruarif' to a recommendation; of
the General Aiiembly, of the faid ftate, and airemHled at the town of Hiil^orough oiitlie twentyrfirfl
day pf July, in the year one thoufaiid f6ven hundred and eightyreighf;
lUn Ordiftanee Jor. ejUblilhing a place for holding the jutiire meeting,^ of the (general AJfrnhly,, and tbe plate of
refidehce of the chief officers of the ji'ate,
"^"If T HtlR^AS in purfiiance ofa recoramehdation of the General Aflembly, paffed on the li'xthday of'
. YY December, one thoufand feven hundred and eighty-feven, this convention hath been eleded by
fiicfe of the inhabitants of thi? ftate as are Entitled to vote for reprefentativeg of the houfe of commons,
■for the purpofe (together with that of deliberating and determining on the new conftitution of Govern-
ment for the United States of America, propofed by the late Federal convention) of fixing on the place
for holding, the future meetings of the General Aflembly, and the phce of refidence of the chief officers
of the ftate, which place when fixed, is to be considered the unalterable feat of government for tlvis ftate •
And whereas this convention, previous to their voting for any place for the above purpofes, did pafs a-
fefolutio;! in the words following, viz. " Refol-oidy That' this conventroti will not fix the feat of govern-
'<«ment at any one particular point, but that it ftiall be left at the difcretion of the Aflembly to afcertain
*«'the exaftfpot : provided always y That it (hall be within ten miles of the point or place determined on
« by this convention :" And whereas upon a ballot beir.g taken, purfijant to a refolve of this convention,
a majority of the faid convention voted for the plantation whereon Ifaac Hunter now refides, in the coun-
, iy of Wake, as the place at whic* or within ten miles of which, a place for the above purpofes ftiould be
I fixed On by the General AiTembly, agreeable to the above refolution r
Be it therefore ordained by this conventimy on behalf of the people of the ftate of NortA-Carolina, and it is here'
[ by ordained by the authority of the fame. That the faid plantation, whereon the faid Ifaac Hunter now re-
: fides, or fuch place as the general alTembly ftiall fix upon within ten miles of the faid plantation, purfuant
\ to the true intent and meaning of the above recited refolution of this convention, ftiall be the place for
holding the future meetings of the general aflembly, and the place of refidence of the chief officers of the
ftate, and the unalterable feat of government of this State, except by the authority of the people in con-
i tention met for the faid purpofe •• Provided dlwaySy That until convenient buildings can be erefted on the
j faid place for the faid purpofes, it ftiall be in the power of the general aflembly, from time to time, to ap-
point any other place or places for the meeting of the general aflTembly, and for the refidence of the chief,
officers of the ftate ,• any thing in this ordinance to the contrary thereof notwithftanding.
Ratified in convention f the fourth day of Auguflf Anna Domini 1788.
SAMUEL JOHNSTON, Prefdenf,
py order, J. HUNT, te/of^.;
460.
The Constitution of the United Stales, ratified by the Statt of North-Carolina,"
SESOLUHONS of ASSEMB Ltf^-r calling a CONVEHrriON:
In General Afemhly, l^ovember 20, 1788.
RESOLVED, That it Is the opinion of this houfe, a new convention be recommendecl, for the pur#
pofe of recpnfidering the new conftitution, held-out by the federal qpnvention as a government for
the United States.
Refolved, That it be recommended to fuch of the inhabitants of this ftate as are entitled to vote for
members of the houfe of comnions, at the annual eledion to be held in ea<3i Qounty on the third Friday
and Saturday in Auguil next, to vote for five perfons in each county, and one perfon in each borough town
having a right of reprefentation agreeable to the conftitution of this ftate, fo fit as ai ftate convei>tion, for
the purpofe of deliberating and determining on the propofed federal conftitution for the future government
of the United States, and on fuch amendments, if'^any, as fljall or may be rhade to' the' faid conftitution
by a convention of the ftates previous to the meeting of the faid convention of thi§ ftate ; which ele<flion
fliall be conduced agreeable to the mode, and conformable to the rules and regulations prefcribed by law j
for conducing the ele£bions of members of general aflembly : And every citizen vi'ith this ftate, being a
freeholder, fliall be eligible to a feat in the faid coijvehtion, (heriffs and returning officers excepted. \
' ' Rejolvedi That the ftieriffs of the counties in this ftate, do advertife arid riotify'the people of Aeir coun- ,|
ties and borough towns, of the time, place and purpofe of holding faid eleftion, at the fame time, and in |
the fame manner, as the law requires theni to advertife ele£lions for members of the general aflembly. .|
Refolvedy That the perfons fo ele£led to ferve in a ftate convention, do aflemble and meet together on ■
the third Monday in November, at fuch place as fliall be appointed for the riieeting of the general aflem-
))ly, then and there to delibei-ate and determine on the faid conftitution, and on the amendments, if any ; .
and if approved of by them, to confirm ^nd ratify the fame ori behalf of this ftate, and mak^ report there- ,
of to congrefs and to the general aflembly.
Refolved^ That it be recommended by this aflembly, to the conventioii which is to meet pn the tliird
Monday in November to reconfider the new conftitution;^, that they alfoiBJonfider the propriety of allow-
ing the town of Fayetteville a member to reprefent the fa|j town, on the fame ternjs with the ocher dif. ;
tri<n: tovyns in this flat?, % -...-. ,.^
■■' "' \ Alex. Martin, s. s. ^
% John Sitgreaves, s. c. v
In Convention, Saturday, No^mk'- 21, 1789. ' ';
WHEREAS the general convention which met in Philadelphia, in purfuance of a recommendation,/
of corigrefs, did recommend to the citizens of the United Stutes, a conftitution bjr forni of go'-'J
vernment, in the foiiowing words, viz* ' ........ , - • 'jjj
WE, the people of the' United State?, in order to form a more petfeft union, eftablifli juftice, in-j»
fure dbni'eftic tranquility, provide for the common defence, 'promote the general welfare, and-;
fecure the" bleffirKgs of liberty to ourfelves and our pofterity, do ordain and eftahlifli this conftitution for
the United States of America,
■ ' Article I.
Se^. I. All legiflative powers herein gi anted ftiall be vetted in a congrefs o|' the Uiii ted States, which>l'
fliallcorifift of a'feriate arid KouCe of reprefentatives. •; ; . ' . - ,. *^,
Se^. II. The houfe of reprefentatives fliall be compofed of members chofen every fecond year by the f
people of the feveral ftates, and the eleftors in each ftate fliall have the qualifications requifite for eleftor«
of the moft numerous branch of the ftate legiflature. _ ' ^
No perfon fball be a reprefentative who fhall not have attained to the agp of twenty-five years, and been!
feven years a citizen of the United States, and who (hall nbt, when elefted, be an inhabitant of that ftatef
jn which he fliall be chofen. ' ^ i ' " ' *
Reprefentatives and dire£l taxes fliall be apportioned among the feveral ftates which may be included^
within this union, according to their refpedlive numbers, which fliall be deternnined by adding to the whole
pumber of free perfons, including thpfe bound %o fejrvice for » term of years, and excluding India"n§ r^of
taxed». three fifths of all other perfons. The a£lua! eriumeratjon fliall he made within three years after-the
£rft meeting of the congrefs of the United States, and within every fubfequent term often vears, in fuch
inapRsr as they ftiali by law diredl. The number of reprefentatives fliall not exceed one for every thirty
^houfand, but each ftate fhall have at leaft one reprefentative ; and until fuch enumeration fhall be made,
the ftate of New-Hampfliire fliall be entitled tochoofe three, Maflachufetts eight, Rhode-Idand and Pro-
.yidence Plantations one, Conne£ticut five, New-York fix, New-Jerfey four, Pennfylvania eight, Dela-
,V/are Oi?.ej Maryland fix, Virginia ten, North-Carolina, five. South Carohna five, and Georgia three.
When vacancies happen in the reprefentatioh from any ftatp, the executive authority thereof fhall
;iflue writs of election to fill fuch vacancies.
The houfe of repre.fei^t^tives fh'iU choofe their fpeaker and othfer ofHcers ; and (hall have the fole power
.of impeachment.
SeSi. III. The fenate of the United State;s fhall be compofed of two fenators from each flate, chofen by
(the legiflature thereof, for fix years ; and eachfenator fhall have one vote.
Immediately after they fliall he affembled in confequence of the firft eleftion, ihey fhall be divided as
rcqually as may be into three clafl'es. The feats of the fenators of the firft clafs fhall be vacated at the ex-
|nration of the fecond year, of the fecond Qiafs at the expiration of the fourth year, and of third clafs at
the expiration of the fixth year, fo thJit one third may be chofen every fecond year ; and if vacancies hap-
pen by refignatipn, or otherwife, during the recefs of the legiflature of any ftate, the executive thereof
may make temporary appointrtjents until the next meeting of the legiflature, which fhall then fill fuch va-
cancies.
No perfon fliall be a fenator who fhall not have attained to the age of thirty years, and been nine years
a citizen of the United States, and jvho fliall not, when el€6ked, be an hihabitant of tifat ftate for which
he fhall be chofen.
The vice-prefideht of the United States lh?ll be prefident of the fenate, but fliall have no vote, unlefs
they be equally divided.
The fenate fliall choofe their other oflScers, and alfo a prefident pro tempore, in the abfetice of the vice
prefident, or when he fliall exercife the office of prefident of the United States.
The Senate fhall have the fole power to try all impeachments. When fitting for that purpofe, they fliall
be on, oath or affirmation. When the prefident of the United States is tried, the chief juftice fhall pre-
^de : and no perfon fliali be convi£led without the concurrence of two thirds of the members prelent.
Judgment in cafes of impeachment, fhall not extend further than to rem.oval fiom office, and difqualifi-
cation to hold and enjoy any office of honour, truft or prdfit under the United States ; but the party con-
victed fhall neverthelefs be liable and fubjeft to indidtment, trial, judgment and puniftiment according to
■la^v^.
5^^. IV. The times, places and manner of holding eleftions for Senators^nd Reprefentatives, fhall be
prefcribed in each ftate by the legiflature thereof but the congrefs may at any time by law make or alter
fuch regulation?, except as to the places of choofing Senators.
The congrefs Ihall alTemble at leaft once in every year ^ and fuch meeting (hall be on the firfl Monday
in December, unlefs they fhall by law appoint a different day.
Self. V. Each houfe fliall be the judge of the ele£lions, returns and qualifications of its own members,
and a majority of each fliall conftitute a quorum to do bufinefs ; but a fmaller number may adjourn from
day to day, and may be authorifed to compel the attendance of abfent members, in fuch manner, and un-
der fuch penalties as each houfe may provide.
Each houfe may determine the rules of its proceedings, pimifh its members for diforderly behaviour,
"and with the concurrence of two thirds, expel a member.
Each houfe (hall keep a journal of its proceedings, and from time to time puhli(h the fame, excepting
fuch parts as may in their judgment require fecrecy — And the yeas and nays of the members jof either
■ houfe, on any queftion, fhall, at the defire of one fifth of thofe prefent, be entered on the journal.
Neither houfe, during the felTion of congrefs, (hall, without the confent of the other, adjourn for more
than three days, nor to any other place than that in which the two houfes (hall be fitting.
Se3. VI. The Senators and Reprefentatives (hall receive a compenfation for their fervices, to be afcer-
tained by law, and paid out of the treafury of the United ftates. They (hall, in all cafes, except treafon,
felony and breach of the peace, be privileged froni arreft during their attendance at the feflion of their refr
Vol. I. r » r o g g
*62 pe^ive hoiifefi, and in going to and returning from the fanof *, and for any fpcech or debatd in dther houFe
they fl>all not be qu^ilioned io. any other place. - ^
No Senator or reprefentative fhall, during the time for \p-hichhe MTas elected, be appointed to any civil
office under the authority of the-Uiiited States, which (hall have been created, or the emoJiiraents whereof
Ihall have been encreafed during fiich t^me •, and no perfon holding any office under the United StateSi
{hall he a member of either hoiife d"ring his continuance in office.
SeJ. VII, All biUsfor raifingreveiuit: ihall originate ir/thehoufe pf reprefentativ^s j but the Sfetiate ipa^
propofe or concur with amendments as on other bills.
.^ Every bill which fhall have pafled th.e houfe of reprefentatives and the fenate, Ihall, befOf^ It becomes
a J^w, be prrvf^nted to *be prefident of the U nited States : if he approve he fhall fign it, but if not, he fhall
return it, with his obje£lions, to that houfe in which it fliall have originat:ed, who (hall enter the objecli"-
cns at large on their journal, and proceed to reconfider it. If after fuch reconfideration, two thirds of
that houfe (hnl! agree to pafs the bill, it fhall be fent, together with the obje^lions, to the other houfe, by
which it ffiali iikewjfe be reconfidered, and if approved by two thirds of that houfe, it fhall become a law^
But in al fuch cafes, the votes of both houfcs fhall be determined by yeas and nays, and the names of the
perfons voting fcr and againfl the bill, fhall be entered on the journal of each houfe refpeftively. If any
bill fhall not be returned by the prefident within ten days (Sundays excepted) after it fhall have been pre-
fented to him, the fame fhall be a law in lik^ manner as if he had ligned it, unlefs the congrefs bv theil'
adjournment, prevent its return— in which cafe it fhall not be a law.
Every order, refolution or vote, to which the concurrence of the fenate and houfe of reprefentatives may
be neceffary, (except on a queflion of adjournment) fhall be prefented to the prefident of the United States
and before the fame fhall take 6fte£t, fliall be approved by him, or, being difapproved by him, fhall be
repaired by two thirds of the fenate artd houfe of reprefentatives, according to the rules and limitations
prefcribed in the cafe of a bill. ^
SeSt. Vm. The congrefs fhall; have powef to lay and coIle£i taxes, duties, imports and excifee, to pay
the debts and provide for the common defence and general welfare of the XJnite J States : but allduties^
impofts and excifes fhall be uniform throughout the United States — Tp borrow money on the credit of
the United States — ^To regulate commerce with foreign nations, and among the feveral States, and with
the Indian tribes — To eftablifli an uniform tu.'e of naturalization, and. uniform laws on the fubje£t of
bankruptcies throughout the United-«-To coin money, regulate the value thereof, and of foreign coin, and
fix the ftandard of weights and raeafUres — to provide for the punifhment of counterfeiting the fecuritiea
and current toin of the United States — -to eft^blifh poft-offices and pofl roads — to promote the progrefs
of fcience and ufeful arts, by fecuring for limited times to authors and inventors, the exclufive right to
their refpeftive writing's and difcovfirie^- — toconftitute tribunals inferior to the fupreme court—to define
and punifh piracies and felonies committed on the high feas, and ofiences agairift the law of nations — to
declare war, grant letters of marque and repnfal, and make rules concerning captures on land and water
— to raife and fupport armies ; but no appropriation of money to that ufe fhall be for a longer term thaa
two years— to provide and maintain a navy— to make tales for the government and regulation of the land
and naval forces — To provide for cilling forth the militia to execute the laws of the Union, fupprefs infur--
redlions and repel invafjons— To provide for organizing, arming and difciplining the militia, and for gov-
erning fuch part of them as may be employed in the fervice of the United States, referving to the flates
refpeftively, the appointment of the officers, and the authority of training the militia according to thedif.
cipHne prefcribed by congrefs — ^To exercife exclufive legiflation in all cafes whatfoever, over fuch diftri£t
(not exceeding ten miles fquare) as may by ceffion of particulaHlates, and the acceptance of congrefs, be-
come the feat of the government of the United States ; and to exercife like authority over all places pur-
chafed by tile confent of the legiflaiure of the ftate in «^hieh the fame Ihall be, for the eredion of forts,
magazines, arfenals, dock-yard* and other needful buiJdings ; and to make all laWs which fhall be necef-
fary and proper for carrying into execution the foregoing powers, and all other powers veiled by this con-
Ititution in the government of the United States, or in any department or officer thereof.
Se^. IX. The migration or importation of fuch perfons as any of the ftatea now exifling fhall think
proper to admit, fhall not be prohibited by the coftgrefs prior to the year one thoufand eight hundred and
eig^At, but a tax or duty may be impofied on fuch importation, not exceeding ten dollars for each perfon,
^ The priv-lege of the writ of Habeas corpus ihall not be fufpeaded, unlefs. when in cafes of rebellion or
mvafion the public fafety may require it.
Ko WIT of attainJef or ex poft fafto h\v fliall be pafled. , 4^3
No capitation or other dired tax ftrail be laid, unkfe in proportion t6 the cenfus or enumeration herein
before direifted tb betaken.
No tax of duty fha'l be laid on articles exported from any ftate* No preference (hall be given by any
tegiilation of commerce or revenue to the ports of one ftate over thofe of another } nojr %aU veljels bound
lo or from one itate, be obliged to enter, clear or pay ^iuties in another.
No money fhall be dravpn from tb.e treafury, but in confequence of appropriations made by law ; and
a regular ftatertient and aceouiit of the receipts and expenditures of all public money (hall be publiflied
from time to time; . -. - . ~
No title of nobility fliati be grantied1)y the United Stales : And no.pei:fon holdirig any office of profit
fer truft under them, flivdU Without the confent of congrefs, accept of any prefent, eniplument, office, or
title, of any kind whatever, from any king, prince or foreign flate.
SeSf. Xi No ftate fhall enter into any treaty, alliance or confederation ,- grant letters of jnarque and
Ifeprifal , coin money ', emit bil'S of Credit ; mike any thing but gold and filver coin a tender in payment
pi debts ; pafs auyhil| of att^i^dcr, esc poJifdSio kw. Or impairing the ohligati«xa of <;on!tra4i§, or grant, anj;
title of nobility-
No ftate ftiall, without ihc Confent of the congrefs, by any impoils or dtjtie? on imports and. expcMTts^
(pxcept what tnay be abfolutely neceffary fo* executing its infpe£lion laws ; and the net produce of all du-
ties and imports laid by any ftate on irnpprts' or exports, (hall be for the ufe of the treafury of the United
IStates ; and ail fuch laws fliall be fubjefl to the revifion and controul of the congrefs. No ftate fhallj'.
Without the confent of congrefs, lay any duty of tonnage, "keep troops or ftiips of war i^i time of peace,
Bnter into any agreement of compadl with another ftate, or with a foreign power, or eng^e in war, un«
jiiefs a£lually invaded, orin fuCh imminent danger as will not admit of delay.
Article II.
BeSi. I. The executive pbWer fha'l be vefted in a prefident of the United States of America. He {hal|
[jold his office during the term of four years, and, together with the vice^ptefident, chpfen for the fain,e
term, be ele£led as follows S
Each ftate fhall appoint, in fuch manner as the kgiflature thereof may dire£l, a number of ele<^ors
fcqual to the whole number of fenators and reprefentatives to which the ftate may be entitled in the con-
grefs ; But no fenator or repreferitative, or perfon holding an office of truft or profit under the United
States, fti^ll be appointed an ele£lor.
The third paragraph revoked, and another fabfiitutedy vol. 2, 209.
The Congrefs may- determine the time of choofing the eleftors, and the day on which they (hall give
^eir votes ; which day fhaiU be the fame throughout the United States.
No perfon, except a natural born citizen, or a citizen of the Uqited States at the time of the adoption
bf this conftitutioB, ftiall be eligible to the office of prefident •, neither fhall any perfon be eligible to that
office who flisU not have attained to the age of thirty- five years, and been fourteen years a ; refideht with-
tn the United States.
I In caCe of the removal of the prefident from office, or of his death, refignation, or inability to difcharge
&e powers and duties of the faid office, the fame ftiall devolve on the vice-prefident ; and the congrefs
may by law provide for the cafe of removal, death, refignation or inability, both of the prdident and
rige- prefident, declaring what officer ftiall then a£b as prefident, and fuch officer ftiall then atl according-
ly, until the difability be removed, or a prefident fliali be elefted.
The prefident ftiall, at ftated times, receive for his ferviceis a compenfation which fliall neither be inr
leafed nor diminiflied during the period for which he (hall have been eleQed, and he fhall not receivip
vithin that period any other emolument from the United States, or any of them.
, before he enters on the execution of his office, he (hall take the followiiig oath or affirmation :
, «« Ido fofeinnly fwear (or affirm) th^J I will faithfully execute the office of prefident of the United States
^and will to the heft of my ability, preferve, protect artd defend the conftitution of the United States."
St£i. II. The .prefident QnW be cohirtiander in chief of the army and nSvy of the United States, and of
]^e militia of the feveral States, when called into the a£tual fervice of the United States ; he may require
he opinion, in writing, of the principal officer in each of the executive departments, upon any fubjeft
elating to the duties of their refpe£live officeis, and he ftiall have power to grant reprieves «(n^ pardons foaf
>ffences againft th^ United States, except in cafes of impeachment,
. . 1
partmems. . ^^ ^U ^ ^n v,canci?s that may happen during the Tecefs of the fi
5?i5?. in. Hefhall from time to time giw w s neceffarv and expedient j he may, (
recommend to their eonfideratio.n fuch meafure as he fhall judge "^J^^^^J J^ ^ difagreement betwe.
extraordinary occafions. convene both houfes, ^^/^^^.^^^'Sem to fuch t^^^ as he IhaUthink pr
iy executed, and (hall commiffion all the officers of the TJmM^^^^^^^ ^^^^^^^
■ «a. I. The judicial power of .he United States Lu be -M m on« teleTSthlfThll
infeSr coum ai the conVefe "»); to- "XSS^tooi bi^^^^^^^^ S at ftat'ed times, ;«ei
preme and mferior courts, Ihal »>°'<' **^«'J'f 5™J8?l,f dS *»'' continuance in office. ^
ior their' fervices, a compenjat.on, vfhich (haU np „f,'f„ '„ "d „&», atifing under this conftitntit I
S.a II. The judicial power ttwU extend to^aU 'W"™ '.".VSl' unde? their authority-To''
.he la^s of the tinited States, and treanes -'J=> "'J.*''* *^LVaU^^^ ^nd'oariti.
^ j:S^^:^ti;ioSe:t^55|.i£sti^
. r fSLetiSi\r:p'^l'::yss W ^^ ?«^ ¥^. ^^^^ ^^«p-'- 1
•under fuch regulations, as the ^""S^^^^f;/! """.^^^ fhall be by jury ; and fuch trial (hall be h|
The trial of all crimes. ^'^"P'^^'^ "/f^fblTu SnmSed j-but wh§n iot committed within any ^
in the ftate where the ^^^d "ime (hall have been connu^^^^^^^ ... |
the trial (hall be at fuch place or places asjhe ^^'^g^/^^J^y^'^^ ^^ ^ ■ ^,r againft them, or inj|
Sea. III. Treafon.agamft the United States m^l^^^^^^^^ |^ convWd gf treafon al
hering to their enemies, giving them aid and comfor^. ^^^ P ^^^^^^ ^^ ^„^rt. ' ' J
'on the teftimony of two witneffes to the f^"^f, ^-^^^^^^^^^ , but S attainder of treafon f"
: The congrefsfluUhavepow^^od^la^ h^^
work corruption of blood, or forfpime, ^^"^^Y'^l^^^^^ lY, ' ' ' "
■ . .. n- 11 u • ,1„ ;o pirh'ffat^to the public afts, record? and judicial proi
sea. I. Full faith and credit niall be ga>^e^in?9^hilj^-^c^^ ^refcribV'tl^' manner ii> Svhich
'^-^^r Wd in anyl.. .>*^ Sf ^iT^rS
re,rd-:p:r^rr^;erfaateha.i„,ij.irdi^
; ^°r*" "='? I::trregtar tSeW t mJSafgedXn, fuch Vervic/orW, b,. ft
Sici. III. New ftates may be admitted by the congrofs into this Union ; but no new (late fnall be 4d5
formed or ere£led within th^ jurifdidion of any other ftatc ; nor any ftate be formed by tlie jundion of
two or more ftates, or parts of ftates, without the confent of the legiflatures of the ftates concerned as
well as of the congrefs.
The congrefs (hall have powfer to difpofe of and make all needful rules and regulation refpefting the
^territory or other property belonging to the United States ; and nothing in this conftitution IhaU be fo
conftrued as to prejudice any claims of the United States, or of any particular ftate.
See}. IV. The United States (hall guar?titee to every ilate in this union a republican form of govern-
ment, and (hail proted each of them againft invafion ; and on application o: the legiilature, or of the
executive (when the legiflature caiuiot be convened) againft doraeftic violence.
Article V.
The congrefs, whenever two thirds of both houfes (hall deem it neceffary, (hall propofe amendments See the amend.
to this conftitution, or, on the application of the legiflatures of two thirds of the feveral ftates, (hall call tnenu, vol. 2,
a convention for propofing amendments^ which, in either cafe, (hall be valid to all intents and purpo- , ?^'
fes, as part of this coi^litution, when ratified by the legiflatures. of three fourths of the feveral ftates, or ^ri^oft^s^^.
by conventions in three fourths thereof, as the one or the other mode of ratification may be propofed by ^m^-
the congrefs ; Provided, That no amendment which may.be made prior to the year one thoufand eight
hundred and eight, (hall in any manner affect the firft and fourth claufes in the ninth fedion of the firft
article } and that no ftate, without its cohfent, ftiall be deprived of its equal fufTrage in the fenate*
. Article VI.
All debts contrafted, and engagement? entered into, before the adoptipa of this conftitution, (hall
be as valid againft tlie United States under this conftitution as under the confederation.
This conftitution, and the laws of the United States which (hall be made in puifuance thereof : and
all treaties made, or which ihall be made, under the authority of the United States, (hall -be the (japreme
law of the land ; and the judges in every ftate (hall be bound thereby,} anything in the conftitution or
laws of any ftate to the contrary notwithitandiug.
The fenators and reprefentatives before mentioned, and the members of the feveral ftat« legiflatures
and all executive and judicial officers, both of the United States, and of the feveral ftates, (hall be
bound by oath or affirmation, to fupport this conftitution ; but no religious teft fliall ever be required as
I qualification to any office or public'truft under the United States.
Articie VII.
The ratification of the conventions of nine ftates, (hall be fufBcIent for the eftablKbment of this con-
il-nition between the ftates fo ratifying the fame. '
Refclvcd, That this cciivention, in behalf of the freemen, citizens and inhabitants of the ftate of North-
Catolina, do adoptand ratify iu£,(aid conftitution and fprm of government.
SAMUEL JOHNSTON, PreJdenU
By order, I. HUNT, SecretarV'
' ■ '.
An ^rlinance to enable the freemen of the iowrt of PayettevUie to eleB a member to reprefent thefaid tonvriy on the
fame terms iutih the other towns in thisflate.
'HEREAS it Jiath b^en recommended by the general afliembly td this convention, to confider the
propriety of allowing the town of Fayetteville a member to reprefent the faid town, on the
fame terins "Wfith the other towns in this ftate ; ^artd this convct:ption, in confideration of the fame, deem-
ing it confiftent with the juftice and policy of the ftate, that the faid. town of Fayetteville (hould be re-
prefeAted as other diftrift towns of this ftate .• Be it therefore ordained and declar^d^ by the repC^fntatives of
the //ate oJJ^crth-Caroltna in convention ajfetnbled, andit is hereby ordained hy the authority of the fame ^ That
the faid town (hall and may be reprefented.
II. And be it further ordained by the authority aforefaid. That this ordinance (hall be held and taken, to
all intents and purjjofes, as part of the conftitutipn of this ftate.
Done in coHfientiony the ^^d of November AnM Doml 1789.
SAMUEL JOHNSTON^Pf^d'm?,
By order tl.mj'iUTt Secretary. '
Vol. I. 6 C
466 1789.
Mivitm\vtmM%
Ki'ii inmn II ii«iii«»»i
iii»M>»iiiM>ii»»<*)»il>»«ii ■inl<pii«<»'
Samttbl
L£<2 Governor.
At a GENERAL ASSEMBLY, begun and held at Fayetteville, on the fce--
eond Day of November, in the Year of our Lord One Thousand J:everi'
Iluiidrtd and Eighty-nine, and in the Fourteenth Yearvof the Indepen-
dence of the said i:tate : Being the First Session of this Assembly.
CHAP. 1. AnaEl dtreSllttg the manner ofeleB'mg reprtfentativis-tb ref,irefent tSitJlatein corigrefi: RMPi'ALEDy Vol.^t \02l-
CHAP. 2.
Manner &c.
of choosing
senators. .
How commis-
btuiied.
An afH direBing the tribde rf choosing fenatori ti reprefent thts fiat'e in the congrefs of the United Shies.
I. « ^ittnacled by the Gineral\lJfembijofthe Hateof North'CarolinOi and'it is hereby enacted by the auiha^^
\f rityofthifaine, That the legiflature of this ftate fliall, at their annual meeting, whenever a fena-
tor or fenators are to be chofen, at fuch time during their feflions as they (hall appoint, by joint ballot of
both houfes of the general afTembly, ele£l fuch fenator or fenators as may be neceffary, under the infpec-
tion of two members from each houfe ; and it ftiali be neceffary to hafe a majority of votes of both houfe5
to ele<ji any perfon for that purpofe.
H And <€ it ; urther enaBed by the authority aforefa'id^ That the perfon or pcrfons fo elected fenator or fc^
nators, (hall obtain a certificate of his or their ele£i:ion, figned by the fpeakers of the two houfes, and fhall
be comioiiffioned by the governor for the time being, with the great feal of the ftate annexed to the com-
miffion.
Ci?AP. 3.
Persons em-
powered to tx
ccute deeds
ceding to con-
gress western
lands.
Boundaries
thereof.
Corditions of
AH acf^or the purpofe of c 'ding to the tiniied States of Jmericoy certain nuefiern lands therein defer ibed.
"HEREAS the United States in congrefs aflembled, have repeatedly and earneftly recommended
to the refpei£live flates in the union claiming or owning vacant weftern territory, to make ces-
fjons of part of the fame, as a further means, as. well of haftening the extinguifliment of the debts, as of
elbblifhing the harmony of the United States ; and the inhabitants of the faid \freftern territory being alfo
defirousthat fuch ceffion fhould be nlade, iti order to obtain a more ample protedion than they have here-
tofore received : Now this ftate being ever defirous of doing ample juttice to the public creditors, ^^'x-dl
as the eftabliflaing the harmony of the United States, and complying with the reafon^ble- ccffres of hei;
citizens :
I. Be it enaBed by the General Affembly of the Hate of North^Carolina^^^d 't is hereby enaBed by the autho-
rity of the fame ^ That the fenators of this ftate in the congre/s of the United States, or one of the fena-
tors and a.:/ two of the reprefentatives of this ftate in the congrefs of the United States, are hereby au-
thorifed, empowered and required to execute a deed or deeds on the part and behalf of this ftate, con-
veying to tlie Unitied States of America, all right, title ami claim which this ftate has to the fovereignty
and territory of the lands fituafe within the chartered limits of this ftate, weft of a line beginning on the
extreme height of the Stone Mountain, at the place where the Virginia line interfefts it, running thence
along the extreme height of the faid mountain, to the place where Wataugo river breaks through it, thence
a dire£t courfe to the top of the Yellow Mountain, where Bright's road croffes tl»3 fame, thence along,
the ridge of faid mountain between the waters of Doe river and the waters of Rock creek, io the place
where the road crofles the Iron Mountain,' from thence along the extreme height of faid mountain, ta
where NoUchucky river runs through the fame, thence to the top of the Bald Mountain, thence along
the extreme height of the faid mountain to the Painted Rock, on French-Broad river, thence along the
higheft ridge of the faid mountain, to the place where it is called the Great-Iron or Smoaky Mountain,
thence along the extreme height of the faid mountain, to the place where it is called Unicoy or Unaka
Mountain, between the Indian towns of Cowee and Old Chota, thence along the main ridge of the faid
mountain, to the fouthern boundary of this ftate, upon the following exprefs conditions, and fubjedl there-
to .• That is tofav^
i^iiji. That neither the lands nor inhabitants weft wafd of the fa?d mountain fhall be eftimated, after 1789. 467
fheceffioa nnde by virtue of this afl: (liall be accepted, in the afcertauiing the proportion of this ftate with v^orxJ
ine 'United States in the common expence occafioned by the late war.
Secondly. That the lands laid off, or dirodled to be laid off, by any a£l or afls of the general affembly
of this ftate, for the officers and fold iers thereof, their heirs and alligns refpedlively, (hail be and eauie
to the ufe and benefit of the faid officers, their heirs and afligns refpei^ively ; and if tlie bounds of the
faid lands already prefcribed for the officers and foldiers of the coiitinental line of this ftate, fliall not con-
tain a fuffieient quantity of lands fit for cultivation, to make good the feveral provifions intended by law,
that fuch officer or foldier, or his affignee, who (hall fall {fiert of his allotment or proportion after all the
lands fit for cultivation within the laid bounds are appropriated, be permitted to take his (]uota, oi fuch
part thereof as may be deficient, in any other part of the faid territory intended to be ceded by virtue of
this aft, not already appropriated. And where entries h.:ve been made agreeable to law, and titles under
them notperfetted by grant or otherwife, then and in that caff, the governor for the time being fliall^
and he is hereby required to perfeft, from time to time, fuch titles, in fuch manner as if this z€t had
iiever been pafied ; and that all entries made by, of grants made to all and every perfon and perfons what-
foever, agreeable to law, and within the limits hereby intended to be ceded to the United States, (hall
have the feme force and efFeft as if luch ceffion h^d not been made, "nd that all and every tight of occu-
pancy and pre-emptions, and every other right referred by any aft or afts, to perfons fettled on and oc-
cupying lancts within the limits of the lands hereby intended to be ceded as aforefaid, Ihall continue to be
in full force in the fame manner as if the ceffion had not been made, and as conditions upon which, the
faid lands z\c ceded to the United States, And further, it fliall be underftood that if any perfon or per-
fons fiiall have, by virtue of the aft, entitled, « An aft for opening the land-office, for the redemption of y^j,te p. 322.
fpecie and other certificates, and dilcharging the artears due to the army," pafled in the year one tiioufand?:^ '-^"^
feven hundred and eighty-three, made his or tb.?ir entry in the office ufually called John Armftrong's of- Ww
fice, and located the fame to any fpot or piece of ground on which any other perfon or perfons (hall have' ''
previoufly located any entry or entries, that then and in that cafe, the perfon or perfon; having made fuch
entry or entries, or their sffignee or affignees, {hall have leave and be at full liberty tojemove the loca-
tion of fuch entry or entries to any lands on which no entry has been fpecially located or any vacant lands
included within the limits of the lands hereby intended to be ceded. Provided^ That nothing herein con*
tained, fliall- extend or be conftrued to extend to the making good any entry or entries, or any grant or
gxanfs heretofore declared void by any aft or afts of the general aflembly of this ftate.
Thirdly. That all the lands intended to be ceded by virtue ot this aft, to the United States of Amsri-
fea, and not appropriated as before mentioned, ffiall be confidered as a comnaoa fund for the ufe and be-
nefit of vhe United States of America, North-Garolina inclufive, accordujg to their refpeftive and ufual
proportion in the general charge and expenditure, and fhall be faithfully dif];nfed of for that purpofe, and
for no other ufe or purpofe whatever.'
Fourthly. That the territory fo ceded, (hall be laid out and formed into a ftate or ftates, containing a
fuitable extent of territory, the inhabitants of which fhall enjoy all the privileges, benefits and advanta-
ges fet forth in the ordinance of the late congrefs for the government of the weftern territory of the Uni-
^d States ; that is to fay ^ Whenever the congrefs of the United States fhall caufe to be officially tranf-
mitted to the executive authority of this ftate, an authenticated copy of the aft to be pafled by the con-
grefs of the United States accepting of the ceffion of territory made by virtue of this aft, under the ex-
prefs conditions hereby fpecined, the faid congrefs fliall at the fame time aflume the government of the
faid ceded territory, which they fhall execute in a manner fimilar to that which they fupport in the terri-
tory weft of the Ohio, fliall proteft the inhabitaats againft enemies, and fhall never bar or deprive them or
or any of them, of"privileges which the people weft of the Ohio enjoy. Provided alwaysj That no regu-
lations made ot to be made by congrefs, fhall tend to emancipate flaves.
Fifthly. That the inhabitants of the faid ceded territory iliall be liable to pay fuch fums of money as
ft>ay, from taking their cenfus, be their juft proportion of the debt of the United States, and the arrears
of the requifitions of congrefs on this ftate.
Sixthly. That all perfons indebted to this ftate, refiding in the territory intended to be ceded by virtue
of this aft, fhall be held and deemed lial'i to pay fuch debt or debts, in the fame maaner, and under the
fame penalty or penalties, as if this aft had never been paffed.
4G8 1739.
Jurisdiflion,
&c. of this
state to
remain till
congress ac-
cept.
Seventhly. Tbat if the coiigrafs of fUe ttiitted States (16 not accept thef cefRon hereby h u j c'ct' to
maclj^ in due form, and give ofHciai notice thereof to the executive of this ftate, within eighteen month's
from tlie palRng of this a<ft, then this a£t (hall be of no force or effe£l whatfoever. _ " ■
Eighthly. That the laws in force at>d ufe in the ftate of North- Carolina at the time of paffingiihis aft,
(hall be and continue in full force within the territory hereby ceded, until the fa-ne (hall be repealed, oi
otherwife altered by the legiflative authority of the faid territory. j
Ninthly. That the lands of non-refident proprietors, within the faid ceded territory, {hall riot be taxed!
higher than the lands of refidents^ '<
Tenthly. That this aft fliall not prevent the people now refiding fouth of French-Broad, between th^
rivers Tenneflee and Pidgeon, from entering their pre-emptions on that tra'^t, (hould an office be opened
for that purpofe under an adl of the prefent general aflembly.
11. And be it further enaHed by the authority aforefcid, That tho fovereignty and jurifdiftian of this ftat^
in and over the territory aforefaid, and all and every th% inhabitants thereof, (hall be and remain the fame
in all refpefts, until the congrefs of the United States fliali accept the ceffxon to be made by virtue (^
tliis aft, as if this aft had never pafled, ' • " - '■ - .
CHAP. 4. Jn aB to repeat part of an qBy entitledy «« An aft to explain an aft direfting the duty of naval officers, and
Part of this afl ^^' mafters of veffels coming into the ports or inlets of this ftate," and to amen4 the navigation law jot ^
superceded by Cape' Fear River^ ,
by the authority of congress under tlie constitution of the U. States: the rest private.
CHAP. 5. An a8 providing weans jvr the payment of the dotnejlic debt y for appropriating certain moniet therein mentioned i
Repealed, and' to amend an a£l puffed the: lajlfeffisn of the General AJfemblyt entitled^ «< An aft fer levying a tax for th^
1790, 40, f^. fupport of government, and for the redemption of the old paper currency, continental money, fpeci^
cfpt as to tie
crAlectii<n of the
ahd other certificates."
tux of 17 9u and »"' '^** respect temporary and bad its efftct.
CHAP, 6= r_ll -^« aBfor procuring tetlimmy concerning the accounts of this Jiate agatn^ the United States.
w
ers, Sec.
Coknels, he.
to make rnqui
«fy» &c.
And make and
Mturn on oath.
Q'.'vernnr to
transmit re
HEREAS it is reprefented by the agents of this ftate, that many officers, a»id whole regiments of
V ▼ , private:, who ferved in the continental line of this ftate, are not to be found on the mutters in
the war or pay-office of the United States, and that no account has beg^n taken of numerous wagons and
teams vith which the armies of the United States have been fupplied by this ftate :
Comptroller to I. Be it enacted by the General Affembly of the pate of North -Carolina and it is hereby enacted by the aui
coUcft voueh^ fj^oyity ofthefamey That the comptroller {hail forthwith colleft fuch mufters as may be among the papers
of the late governors of this ftate, or fuch military officers ;\s may be fuppofed to have mufter or ; ay-roll&
in pofleffioti, or any return of waggons f urniihed by the militia clafles, in one thoufand feven hundred and
eighty-two i and that he fliall alfo apply to the feverai field officers of the continental line who ferved toi
the end of the war, and obtain their oath or affirmation, as to their knowledge of the fervices of officers oir
privates whofe claims to pay are not fupported by the mufters. • >
II. And it further enaSled, That the colonel or coaimanding officer of the militia of every county in thi?
ftate, (hall enquire what wdggons, or whether any, have beenfuniiffied in one thoufand feven hundred and?
eighty-two, by the militia clafies in the feveralcountieS ; and what bounties have been paid by the claffest
in the feverai counties to procure foldiers, in the years one thoufand fev.en hundred and eighty-one and]
one thoufand feven hundred and eighty-tvvo, and ftiall, under the penalty of fifty pounds, before the firft dayj
of April next, make return on the oath of one or more pevfons who appear to have the beft information on
that fubjeft, of the waggons and teams, and computed valu.? of the fame, that were furniffied by the claf-
fes as aforefaid, or whether any were furniffied, apd wliat bounties have been paid, to the brigadier general
of the diftrift,.who fliall forward the fame to the governor or comptvoller, on or before the firft of Mayf
next, under the penalty of one hundred pounds , and the governor bf the ftate foir the time being, fliall
iinns to the a- forthwith tranfmit the fame to, the agents of this ftate, appointed to ijettlethe accounts of tjiis ftait? wit^
^'"'" the United States. ■ . • '^
\*m.
' An aB to repeal part ofanaBefititltdf An a£l once more to extend an aft, entitled an a£l to pardon and 17S9, 469
coiifign to oblivion the offences apd mifcopducl of certain perfons in the counties of Wafhington, S-ulii- uv-yxo
van, Greene and Hawkins," chap. 7
I- T3 E it ena&ed by the Gftitral Afembly of the /late of North-Carolina^ and by the authority of the fame ^ That I'art of an'a<a,
Jfj all and every part of the "iaft providing claufs in the above mentioned adt, ba and the fama is ■^fpeale'^:
jr sliereby r.epealedaind Blade void. Ante p. 449,
An aQ to prevent the exportation of ratv hides, pieces of hides of neat cattle^ and calf-fkinSi and alfo of beaver ^ chap. 8.
' ' racoon and fay; furs,
WHEREAS the exportation of the hides, fltins and furs above mentioned, is. found detrimental to
our own manbfaftures, which demand the attention of the legiflature :
I. Be it enaBsd by the General AJfembly of thefiate of North-Carolina, and it is hereby enacted bv the au~ Oath to be ta.
thority of the same, That every mafter or owner of a veffel, at the time of his clearance out before the naval- ken by masters,
officer, lliali take the following oath, viz. " ^^' "f vessels,
" T A.B. mafter or owner (as the cafe may be).of the called the do fwear,
J[ " that there are not on board of my veffel, any raw hides, pieces of hides of neat cattle, calf-
<« Ikins, nor any beaver, racoon or fox furs, for the purpofe of exporting them out of this ftate, either
«* as cargo or adventure of ray own, or any other perfpns whomfoever 5 and that I will not knowingly
« or willingly fuffer any perfon or per fens to export any of the faid kind of (kins and furs put of this ftate,
" in the veffel of which I am commander or owner."
n. Be it further euacfed by the authority afcrefaidj. That if any captain or o\vner fliall, after the paffing 500/. penalty
this acl, fuffer or willingly permit any of the above mentioned articles to be brought on board his veffel °" attempting,
it fliall be deemed evidence of his intention of exporting the fame, and fhall forfeit five hundred pounds, hider&c^by
to be recoverei by adion of debt in any court having jurifdiftjon, one half to the perfon fuing, and the water,
other half to the ftate ; and if the judge or judges before whom the fame (hall be tried, fhall certify
there was a reafonable caufe of a£lion, the plaintiff or complainant ftiall not be fubjeft to cofl:.
III. And be it further enaSled, That if. any perfon fliall by land convey any fuch hides, fljins or fu^s Orbj Ian*
out of this ftate into any other ftate, for the purpofe of Telling the fame, fuch perfon on conviftion
fliall fuffer the fame pains and penalties, as are. befor e prefcribed for exporting fuch hides, flcins or furs
' by water, to be recovered in like manner, and applied to the fan^e ufes. Provided wi>«-?Ac/</j-, That p^ovisa.
' this a(£t fliall not extend to or be in force, in any county weft ef the Apalachiao mountain .• And provided
also. That this 'adc (hall not be in force until the firft day of January next.
An a3-to aanex the county of An/on ts FayetteviUe di^ri^, and tp. regfi/atfihe appQinfmept of; jmor^ ^0 Fayette- CHAP. 13;
.ville court. . •
WHEREAS it is reprefented to this general affembly, that It will tend greatly to the convenience
of the good people of Anfon county, to be annexed to the diftrift of FayetteviUe ; Therefore,
I. Be it enaSied by the General AJfembly of the li :te of North-Carolina) and it is h^rfib'^ enaSIed by the a^- , hAA a
tloriiy of the fame. That from and after the paffing of tJ]is.a(St, the county cf Aiifon fhall be annexed to FayMwdindct
and form a part of the diftridl of Fayetteyille, in the fame manner as if the faid county of Anfon had
originally been part of faid diftrift.
II. And whereas the annexing the county of Anfon to the diftridl of FayetteviUe, will make it neceffa- jurors.
ry that an a'teration of the number of jurors to be iqrniftied by the differeni: counties within the faid dif-
trift fliould be made ; Be it therefore further enacted. That the jurors for the fuperior court of Fayette-
ville, (hall be furnifhed by the counties within the diftridi in. the proportion and number, to wit, Cum-
beriand eleven, Ric Inn ond five, Anfon five, Sampfpn fiye, Robefon five, ^pore five.
An fl.'? for dividing the county of Surry into two difiinB counties, and for other purpofes. CHAP. 1 4.'
"^TjCTHEiiEAS tlie large extent and inconvenient fituation of the county of Surry, render the atteti-
dance ot ilie inhabitantsof the extreme parts at courts, eleftions and general mufters, difficult
470 r89.
Stokes county
Courts,
See r.ext act.
two dlftintl: countie?, by a line 'op^iiiiiing en the line divliling thi:> (Lite from the (Lite of Virgiiia, at a
point equidillant from the neareft parts of tiie counties of Rockingham and Wiikes,- and running, from
thence until it interfecis the Rowan county line^ fo as to leave an equal number of acres in each county.
11 And be it further enaSied, That ail that part of the faid county, lying weft of faitl line, (hall be erect-
ed into a diftlnct county by the name of Surry county; and all that part lying, eaft of fuid line, fliall be
erected into another diftinct county by the name of Stokes county.
[The remainder y except the fourth and tenth feclions, unneci'£hry to he^ i»ferted.'\
IV". And for the due adminlflratlon of juftice,, Be it i^iafiedy That the jufticcs of the peace (Hallbe no-
minated and commiflioned, and the courts held in the refpective counties of Surry and Stokes, in the fame
manner, and A^Ith die fame powers and jurifdictions as juftices of the peace and «ounty courts in the o-
ther counties in this ftate ; aiKl the courts of and for the county of Suny, {hall be conftantly held on tl-.e
fecond Mondays in February, May, Augult and Movember, in eachand every year : And the
firft court for the county of Surry fliall be held at he houfe of Richard Horn, on the fecond Monday i.i
February next ; and the firfc court for the couaty of Stokes fhall be held at the houfe of Gray Bynum,
and thejuftices for each of the faid counties of Surry and Stokes, are hereby authoni^d to ad-
journ to fuch places in their refpective counties as tliey (hall think moft convenient to hold all fubfequent
courts, until coui t-houfes (hall be built in each refpective county-
X. Repealed, Vol. 2, 3i.
CBAP. 15.
Stokes court.
Repealing
clause.
Preceding act.
CHAP. 16.
Ante p. 356.
Inspefloft' du-
Du^y of naval
offictr or col'-
leiScr upon oath
that totacco is
on board not
inspefled, &c.
Pen. on alter-
ing brand, &c,
.When in force.
An act dtreSIing ihejale of the county buildings in Surty, and to alter the times $/ holding federal county courts itP
thisjlute.
I. II. and III. Private.
IV. A ND whereas the court of pleas and quarter-feffions for tlie county of Stokes, is appointed to
Jt\^ be on the fame day with that of Guilford, which will be injurious to fuitors a d others : For
remedy whereof. Be it enaSted, That the county court of pleas and quarter-feffions for the county of
Stokes, {hall con{lantly be held on the fir{l Mondays in March, January, September and December,,
and the fir{l court in faid county {hall be held on the firil Monday in March next.
V. And be it further enoBed, That fomuch of an aft of thisprefent general aiferably, entitled, " An-
a£i for dividing the county of Surry," which relates to the times of holding courts in the county of
Stokes, is hereby repealed^
An aB the better to regulate the irtfpeSion of tobacco in this ftate.
WHEREAS the laws now in force to regulate the infpeftion of tobacco, are found not to anfwer
the intended purpofe ;
I. Be it therefore enaBed by the General Ajpmbly of the ftate of North'Carolinay and it is hereby enaSfed by the
authority of the fame. That from and after the pa{rmg of this aft, the infpedors of tobacco at the fereral
warehoufes of this {late, {hall and they are hereby required to examine, by breaking in at one or more
places, all tobacco which {hall be brought to t^eir refpedive warehoufes for infpection. The rest and
the four follotuing sections repeaUd, 1790, 25.
VI. And be it further ena£ied by the authority afor faid, That if any perfon {hall appear before thecollec
tor or naval-officer, and make oath that there Is on board any velTel bound to fea, any tobacco which has
not been infpefted and marked as is by this aft required, it {hall and may be lawful for the colltdor or
naval officer to fummon and take with him two or more freeholders, and fearch the veiTel fo informed of,
and if any fuch tobacco fhall be found on board, they may and are hereby required to feize and take pof-
fe{rion of the fame, and caufe fut:h proceedings to be had thereon, as is dlreded by law on other goods
when feized ; and if it fhall appear that the tobacco fo feized, has not been infpe£led and branded as a-
forefaid, the fame {hall be condemned and fold to the ufe of the informer, iirfl deduaing the necefTary
expences for fearch and condemnation, to be taxed by the court before whom the matter is cognizable..
VII. And be it further enaSie^t by the authority aforefaid. That if any perfon fhall alter or caufe to be altered
the brand of any hogfhead of tobacco iufpeded and marked fo as aforefaid, as to make it appear to be of
any other clafs than the one of ^vhich the infpe£tors have marked it, or fliall brand or caufe to be brand-
ed any hogfhead which the infpeftors had not examined and branded, fo as to induce a belief that fuqh
hogfhead, had been lawfully infpefted, fuch perfon fhall forfeit and pay the fum of fifty pounds, to be
recovered before any county court, by any perfou fuing for the fame, to his own proper ufe. Provided ^'^^^' *' ^
r.tvertheUfs, That this act ihall not be in iorce or luve eftedl until the firft day of May next. v**-y>*J
An aB to amend an ai?, entitled, " an a£l to prevent the exportation of unmerchantable commodities." ^^^I\}
I. j3E it enacted by the General Ajfemhly of the fiate of North -Carolinay and it is hereby enaSled by the auiho- i„''speaion
rity of the fame i That an infpeiflion be and hereby is eftablilhed on Neufe river, at Harris's land- tablished oa ;
ing or ferry, heretofore Bryan's, under the fame rules, regulations and reftri£lions, as direfled by the a- T>feuse river, at ,
bove recited a£fc ; and the county court of Craven are hereby dire"£\ed and empowered to appoint an in- j„!"^(.! *" ' ^
fpeftor for the f:iid landing, at the fame time and in the fame manner as other infpeiflors for the faid Ante p. 355. '
county are appointed, who Ihall have the fame advantages, and be fubjecl to the fame pains and penal- J
ties, as other infpectors ,• and commodities by him infpectad and paffed (hal! be merchantable and proper '
for fhipping, in like manner with thofe infpected by other infpectors above the town of Newbern.
CHAP. 1&.
An act to ratify the amendment i to the conft tut ion of the United States. -
WHEREAS the fenate and houfe of reprefentatives of the United States of America in congrefs afl ',
fembled, on the fourth day of March, did refolve, two thirds of both houfes concurring, that the \
following articles be propofed to the legiflatures of the feveral ftates, as amendments to the conftitution j
of the United States ; all or any of which articles, when ratified by three fourths of the faid legiflatures, .;
to be valid to all intents and purpofes as part of the faid conftitution : Amendments
Art. I. After the firft enumeration required by the firft article of the conftitution, there fhall be one ta the constitu- '•
teprefentative for every thirty thoufand, until the number Ihall amount to one hundred ; after which the "°"" ^
proportion fliall be fo regulated by congrefs, that there fliall be not lefs than one hundred reprefentatives , i
nor lefs than one reprefentative for every forty thoufand perfons, until the number of reprefentatives ihall cMdaruUea are \
amount to two hundred : after which the proportion ftiall be fo regulated by congrefs, that there (Iiall not not yet adopted
be lefs than two hundred reprefentatives nor more than one reprefentative for every fifty thoufand per- h " ^'if-c'er-t j
fons. riumbcrof j
Art*. II. No law varying the compenfation for the fervice of the fenators and reprefentatives, fliall ' i
take effect until an election of reprefentatives fhall have intervene'd.
Art. III. Congrefs fhall make no law refpecting an eftablilhment of religion, or prohibiting the free l
exercife thereof, or abridging the freedom of fpeech, or of theprefs, or the right of the people peaceably \
to afTemble and to petition the government for a redrefs of grievances. ]
Art. IVi A well regulated militia being neceffary to the fecurity of a free ftate, the r'ght of the peo- ''•■
pie to keep and bear arms fhall not be infringed.
Art. V. No foldier fhall in time of peace be quartered In any houfe without the confent of the owner ]
nor in tinnle of war but in a maniier to be prefcribed by law. . i
Art. VL The right of the people to be fecure in their perfons, houfes, papers and effects againft un- ■
reafonable fearches and feizures, fhall not be violated, arid no warrant fhall iffue but upon probable caufe, '-
fuppprted by oath or affirmation, and particularly defcribing the' place to be fearched and the peifons or I
things to be feizedi * ' j
Art< VII. No perfon ihall be held to anfwer fdr z capital or otKerwife infamolis crinie, unlefs on a ]
pfefentment or indictment of a grand jury, except in cafes arifing in the land or naval forces, or in the '
militia when in actual fervice in time of war or public danger ; nor fhall any perfon be fubjectfor the fame
offence to be twice put in jeopardy of life or limb ; nor fhall be compelled in any criminal cafe' to be a
Mvitnefs againft himfelf ,- nor be deprived of life> liberty or property without due procefs of law j nor fhall •
private property betaken for public' ufe without juft compenfation. .'
Art. VIIl. In all criminal piofecutions, the accufed fhajl^enjoy the right to a fpeedy arid public trial, * ]
ty an impartial jury of the ftate and diilrift where the crime fiiall have been committed, which diftridl \
(hall have been previoufly afeertained by law ; and to be informed of the nature and caufe of the accufati- I
on, to be confronted with the witnelTes againft him, to have compulfory procefs for obtaining witnefTes in j
his favour, and to have the affiftance of counfel for his defence.
Art. IX^ In fuits at common law where the value in c<3ntroverfy fhall exceed twenty dollars, the right
of trial by jury (hall be preferved ; and no faft tried by a jury fhall be otherwife re-examined in any court I
of the United States than according to the rwles of con/mon iaw#
472 1789, Abt. X, lixecflive ball fliall not be required, nor excefllye fines irnpofed, nor crad and luiufua! pun-^
l(<pV«iii' iftiments inCitted, . ' . "
Art. XI. The enumeration in the conftitution of ceftain rights, (hall not be con (trued to deny ordif--
pai-age others retained by the people. ' \
Art. XH. The povv-ers not delegated to the United States by the conftitutipn, nor prohibited l>y it tp '
the flatcs, are referved to the Hates refpe£tively, or the to people. .
riw'amelid" °^ ^ ^^ *' therefore enaEied by the General AJftmhly ofthejlate of North-Carolina, and it is herthyena_aed hv^
ments. ' the authority oj ths lam?, That the faid amendments, agreeable to the fifth article of the original conftituti«i '
oil, be held and ratified on the part of this {late, as articles in addition to and amendments of the conftitu-. \
tion of the United States of America.
CHAP. 20.
Vol 2. 42 54,,
07, 133, 128;
Trustees nsmi ■
Tinted and con-
stituted a body
pcliuc.
Their authori-
Meetinjjs of
the titiiiiues,
An aEi to ejiabliff} a Univerftty in this Bate. i
WHEREAS in all well regulated governments, it is the indifpenfable duty of every legiilatureta '^
confult the happinefs of a rifing generation, and endeavour to fit them for an honourable difcharge .
of the fecial duties of life, by paying the ftritj^fceft attention to thejr education : And whereas an univer- 1
fity fupported by permanent funds, and well endowed, would_hay,e the moft dire£k twidency to anfwer thej
above purpofe : " ' ;■ . . - - i
I. Be it thtrejore enuBfd by the General AJfembly of the Hate of North-Carolina, and it is hereby enaBed by the\
authority of the fame, ^hzx. Samuel Johnfton, James If edell, Charles Johnfton^ Hugh WilliamfonjStepheij
Cabarrus, Richard iJobbs Spaight, William Blount, Benjamin Williams, John Sitgreaves, Frederic Harget
Robert W.Snead, Archibald Maclaine, Honourable Samuel Aflie, Robert Dixon, Benjamin Sniith, Ho.
nourable Samu,el Spencer, John! Hay, James Hogg, Henry William Harriiigton, William Barry Grove,
Reverend Samuel M'Corkle, Adlai Ofborne, John Stokes, John Hamilton, Jofeph Graham, Honourabile
John Williams, Thomas Perfon^ Alfred Moore, Alexander Mebane, Joel Lane, Willie Jones, Benjamin!
Hawkins, John Haywood, fenior, John Macon, William Richardfon' Uavie, Jofeph !pixon, William Le»
noir, Jofeph M'Dowel, James Holland, and William Porter, Efquires, fliall be and they are hereby declar-
ed to be a body politic and corporate, to be known and diftinguiOied by the name of The Truftees of the:
univerfity of North-Carolina ; and by that name fliall have perpetual fuccefllon, and a common Teal ; and'
that they the truftees and their fAicceffors, by the name aforefa;d, or a majority of them, fhall be able and
capable in law to take, demand, receive and poflefs all monies, goods and chattels that {hall be given them
for the ufe of the faid univerfity, and the fame apply according to the will of the donors, and by gift, pur-
chafe or devife to take, have, receive, polTefs, enjoy and retain to them and their fuccelTors forever, any
lands, rents, tenements and hereditaments, of what kind, nature or qu?lity foevcr the fame may be, in
fpecial truftand confidence that the fame or the profits thereof fiiall be applied to and for tKe «fe and pur-
pofes of e{l?bli{hing and endowing the faid univerfity. ■'■' ' ' ' ' ''■ " ' " ' •- •
' II. And he it ena^cd by the authority aforefaid. That the faid truftees and their facc«{rorf , or a majority of
them, by the name aforefaid, {hall be able and capable in law to bargain, fell, grant, demife, alien or dif-
pofe of, and convey and aflure to the piyrchafers, any fuch lands, rente, tenements and hereditaments a^.
forefaid, when the condition of. ^he grant to them, or the will Of the devifor, does not forbid it. ' Afid fur-
ther that they the faid truftees and their fucceiTors forever, or a majority of them, (hall be able and capab'e
in law, by the name aforefaid, to fue and implead, be fucd and im pleaded, anfwer and be anfwered, in all
courts of record whatfoever ; and they fliall .have power to open and receive fubfcriptions, and in general;
they flicll and may do all fuch things as' are ufually done by bodies corporate and politic, or fuch a? may-
be neceflary for the promotion of learning and virtue, ' ' •■■■•' ' ' ■ :" '■'■■• ■'•=
III. And be it further enacted by the aidhori'ty afcrejaid, TJiat the faid tju{lees, in order to carry, the prefent
aft into efledt, fliall meet at Fayctteville, on ihc third Monday in tlie felHon of the next general aflem.bly,
at which time they fliall choofe a prcfiden: and fecrctary ; and fliall then fix the time of their next annual
meeting ; and at every annual mectin-:; of the truftees, the nienibers prefent, with the ptefident and trea*
fiirer, fliall be a quorum to do any bufinefs, or a majority of the members, without either of thofe o{ficcrs,
Iball be a quorum •, but at their firft meeting as above direded there fliall be at leaft fifteen of the abov^i
truftees prefent, in order to proceed to bufinefs;' and the truftees at their annual meeting may appoint'
fpecial meetings within the year ; or in cafe unforefeen accidents (hall render a meeting nece{rary, thefe-
cretary, by order of the prefident and any two of the truftees fignified to him in writing, (hall by particu«
lar notice to each truftce, as well as by an advettifementin-theftate.GaiJittej convsne the truftees at Aijj
titti* pfrojvofed by the prcfident; and the members thu^convened fball he a quorum todo anybiifinefs excepft 1739. *73
' the appointment of a prefident or profeflbrs in the. univerfity, or the difpofal or appropriation of monies j u«»%-*o
4mt in cafe of the death or refignition of the prefident or any profefibr, the trultees thus convened may Special mwat-
fupply the place until thp next annual meeting of the board of truftees and no longer ; and the meeting *"^* *
'M whicii the feat of the faid^univerfity fhaJl be fixed, fhall be advertifed in the gazc;tte of tliis ftate at leall ^^^ power.
fix months, and notice in manner aforefaid to each of the truflees of the objeft of the faid meeting.
•IV. 4"die Hftirtbeir enacted by the authority aforefaid, That the truftees fhall ele£l and commiflionate fprne AppointrtSnt
-toetfon to be treafurer for tht faid univerfity during the term of two years ; which treafurer (hall enter & duty oi tv.i
into bond with I'uthcient fecurjties to the governor for the timfe being, in the fum of five thoufand pounds, *''^*"^'^^> *^-
tonditioned for the faithful difchargejof his office, and the truft repofed in him ,- and that all monies arid
fehatt«ls belonging to the faid corporation that ihall be in his hands at the expiration of his office, fhall
itbeii be immediately paid and delivered into the hands of the fucceeding treafurer .• And every treafurer
fljail receive all monies, donations, gifts, bequefts and charities whatfoever, that inay belong or accrue to
the faid univerfity during his office, and at the expiration thereof i^iW account with the truftees for the
fame, ind the fame pay and deliver over to the fucceeding tresifuler j and- on his negleft or refufal to pay
and deliver as aforefaid, the fame method of recovery may be had agaiiift him, as. is or may be provided
i'orthe recovery of monies from ftierifFs, or other perfons chargeable with public monies ,• and the trea-
■furer of the univerfity fhall caofe annually to be publifiied in the ftace gazette, for the fatisfa£lipn of the
fubflcribers and beinefadtors, a lift of ah monies and other things by him received for the faid univerfity,
either by fubfcription, legacy, donation or ptherwife, under the pen;jlty of one hundred pounds, to be re-
cowered at the fuit of the attorney-general, in the name of the governor for the time being, in any court of
record having cognizance thereof ; and the monies arifing fioaa fu<;h penalties j(hall be appropriated tp the
«fe of the faid univerfi:ry.
v. Be ft further enaStei by the authority aforefitidy That all monies received by t^ie treafurer of the faid Woney to'be
iUHverfity, fhall be annually paid by him to the treafurer pf the ftate, who is liereby authorifed and or- P^'<i ^° *e
dered to give a receipl to the faid treafurer of the univerfity in behalf x>f the faid truftees, for all fuch fums who is'to'^pa^*
by him received 4 and the faid treafurer fhall pay anntiaily unto the treafurer of the faid univerfity, fi^ 6- per cent, in-
yer cent, intereft on all fuch furas received by him in the manner aforefaid ; which' amou«t of intereft 'y^,%^% ""
yaid fey the fta.te treafurer as aforefaid, fhall be allowed to him in the fettlemerrt-of his accounts : And the " » •
faid truftees fiiall on no eyent or pretence whatfoever, appropriate or make ufe of the principal of the
anonies by them received on fubfcription, but fuch principal fhall be and remain as a perinanent fund for
itihe trie and fupportpf the faid univerfity forever.
VI. And he it further enaSedby the MOharity aforefaid, That on the death, *efufal to a€t, refignation or Vacancy of
jfemoval out of the ftate, of any of the trttftees for the time being, it (hall be lawful few the remaining suppled. &e»
tfuiftees, or any fifteen of them, and they are hereby authorifed and required to ele£t and appoint one or
more truftees in the place of fuch truftee or truftees d^ad, refufing to aft, refigned or removed ; which
ttuitiee of truftees fo appointed, ftiall be vefted with the fame powers, truft and authorities, as the truftees
are by virtue of this aft. Provided ntn^erthelefs, That the truftee Or truftees fo appointed, Ihall refide in
•the fuperior court diftiift where the perfon or perfons refidie in whpfe ropm he or they O^all be fo eleft- Voi. 2, 128.
'VII. And he ft further enaBed by the authority aforefaifly That when the truftees (hall deem the funds of Direaions >«
the faid univerfity ad^uate to the pUrchafe Tof a neceflary quantity of land and erefting the proper bull- plac^'fo^^^J^'*
dings, th^y fliall direft a meeting of the faia truftees forthe purpofe of fixing on and purehafing a heal- universit/,
.thy tvnd convenient fituatipn, which fhall not be fituate within five miles of the permament feat of .go-
vernment, or any of the places of hoiduig the courts of law or equity ; which meeting ftiall be advertifed
-at leaft fifepiotlths in foiiie gazette in this ftate, 'and at fucK fuperior courts a& may happen within that
Vtll. Bt it further enaBed by the authority nforefaii^ That the truftees fhall have the power of appoin- Power eftfte
ting a prefident of th.e univerfity, and fuch prdfeflbrs and tutors as to them fhall appear necefTary and . pro- ^^^^^^^^ *°^P'
:per, whom they may remove for mifbehaviolir,inr^bility of negleft of duty i and they fliall have the pow^ de. t, profes-
er to make all fuch laTrs and regulations for the :goVevnnient of the univerfity ^nd prefervation of order sors. &c
and good morals therein, as are iifually made in fuch feminaries, and as to them may appear neceflary : And to make
firovided the fame are not contrary to the unalienable liberty of a citizen, or to the laws of the ftate. And ^^_ To°confcr .
the faculty of the univerfity, that is tofay^ the prefident and profeflbrs by a^d with the confent of the degreee,
Vol. I, 6 E
Honour tobe.
canferred on
the six largest
subscribers.
Kam;s cf sub-
scribers to be
presevvid.
CHAP. 21.
Ante p. 472.
Funds appro-
priated for e-
reiSing build-
ings for the U
Biversity.
VI i 1789. trudees, Oiall have the power of conferring all fuch degrees or marks of literary diftin£Uon, as are ufuaUy
conferred in colleges or univerfuies,
IX. And be it fuftbir enabled by the authority afore/aid^ That every pcrfon who within the t<Jrm of five
years (hall fubfcribe ten pounds towards this univerfity, to be paid within the five years, at five equal a:.*
nual payments, ftiall be entitled to have one ftudent educated at the uaiverfuy»free from any expeuce of
luiticn.
• X. And be it further enabled, That the public hall of the library and four of the colleges (hall be Called
feverally by the names of one or airother of the fix peribns who (ball within four years contribute the
largeft ("urns townrds the funds of this univerfity, the hjgheft fubfcriber or donor having choice in the or-
der of their refpeccive don.\tions. And a book ihall be kept in the library of the univerfity, in which fliarj .
be fairly entered the names and places of refidence of every benefactor to this feminary, in order th.,t
pofteriiy may be informed to whom they are indebted for the meafure of learning and good morals that
may "prevail m the ftate.
An aSi for raifi g a fund for ere8tng the buildings and for the fupport of the umverftty of North- Caridinat
WHEREAS the general afTembiy by their atV, entitled, " an a£t to eftabiiCh a univerfity in this itate,"
pafl'ed on the eleventh day of December inflant, have declared that a univerfity fhall be eftablifl.-
ed and eredted in this ftate, which (haR be called and known by the name of The Univerfity of Nftrth-
Carolina •• And whereas adequate funds will be found to be the means which will moft effectually infure
to fhe ftate the advantages to be hoped and expefted from fuch an inftltution:
I. Be it therefor- enacted by the General Affembly ofthefiate of North Carolina^ and it is hereby enaBed by the
authority of the fame. That a gift of all monies due and owing to the public of North-Carolina, either for
arrearages under the former or prefent government, up to the nrft day of January, one thoufand feven
hundred and eighty-three, inclufive, (monies or certificates due for confifcated property purchafed except-
ed) (hall be and is hereby declared to be fully and abfolutely made, for the purpofe of erefting the necel^
fary buildings employing profelTors and tutors, and carrying into complete efteft the aft before recited :
And the treafarer is hereby direfted and required to commence fuits, and to profecute all perfons owing
as above mentioned, and the monies recovered in confequence thereof to pay into the hands of the truf-
tees named in faid a£t, or their fucceflTors, to be applied to the purpofes aforefaid. Pra^nded, That no-
thing herein contained (hall be conftrued to prevent the treafurer or comptroller from fettling with and col-
lefting from the executors of Robert Lanier, deceafed, late treafurer of Salifbury diftrift, fuch fums in
ca(h or certificates as may on a final fettlement of his accounts be found to be due to the public ; nor (hall
it extend to prevent their collecting from the {heri(Fs of that diftri£t, their arrearages of taxes which be-
came due under the prefent government, and which ought to have been paid mto the olTice of the faid
Lanier, as treafurer aforefaid ; provided they make fuch colle£tion within the fpace of two years, after
which time the arrearages of that diftnft alio (hall be confidered as being mcluded in this gift.
II. And be it enacted. That all the property that has heretofore or (hall hereafter efcheat to the ftate,
fhall be and hereby is vefted in the faid truftees, for ufe and benefit of the faid univerfity.
III. And be it further enacted by the authority aforefaidt That the lands and other property belonging t»'
the univerfity aforefaid, fhall be, and the fame is hereby exempt from all kind of public taxation.
An act to alter the time of electing the members ef General AjfemUy in this ft ate.
WHEREAS it has been made appear to this general alTembly, that in large counties it is fometimeis
impofllible for the (heri(F and infpe£tors to get the tickets counted out until Sunday morning,
which often occafions the breach of the Sabbath day : For remedy whereof, '
I. Be itenaSied by the General Affembly of the (late of North'Carelineiy and it is hettb^ enaBed b» the authof^
rity of the fame. That from and after the palTing of this act, the annual eleftion for the purpofe bf eleftmg
members of the general alTerably, (hall be held in each and every year on the fecomd Thurfday and Friday
of Augull : Provided, That where there are two or more eleftions in any county, fuch elections (hall be
held in the fame week that the other eleftions are, and one day earlier in the week than what they have
heretofore been by law : The ftisriffatid returning officers in each county in this ftate flwU.conduft th^m-
ielves accordingly ; any law, ufage, or cuftom to the contrary notwithftanding«
v6L% 133,153.
University
lands, &c ex-
empted from
tsLxes.
CHAP. 22.
Time of hold-
ing the annual
dsvlion.
^Ah oB to amend an oSi,^ntitledj** An act cohcernirig proving of wills and gfinting letters of adminiftrati- 1789. 4-76
on, and to pteveiit frauds in the management of int€ftates eftates." i^^o-v**^
HEREAfj by the aft, entitled, « an a^ concerning proving of wils and granting letters of admi- chap. S3*
niftration, arid to prevent frauds in the management of inteilates eflates, " the method of proceed- ^o.. 2. 1 13.
xng hath not been defined wi:h fufHcient precifion, whereby great irregularities have crept into practice,
f .{fpd complaints hav6 been made of precipitate and injurious decifions : For remedy whereof, A^te p. 21.
f I. Beit enaJied by the General Ajje.nbly of the jiate of North-Carolina, a^ii ids he-eby enaJied by the aulhonty Pi ^ce aad maa-
^thejdmey That all wills' (hall be pioved and adminiftrations granted in the court of the county where "er of proving
the teftator or inteftate had his ufual refidence at the time of his death, or in cafe he or fhe had fixed pla- ^'' *'
ces of refidence in more than one county, in either or any of the faid counties ^ and in cafe of a writ-
. ten will, with the witnefles thereto, the fame (hail be proved by at leaft one of the fubfcribing witnef-
fes, if living, but if contefted, {hall be proved by all the living wItneiTes, if to be found , and by fuch
other perfons as may be produced to fupport fuch will ■, and where the validity of any lalt v/ill or tefta- Validity of a
ment, whether written cr nuncupative, Ihall be contefted, the fame fliall be invariably tried by a jury, ^vi'lto beirieJ
on an ilTue made up under the direclion of the court for that purpofe } any ufage or law to the contrary '^'^ *^'"^^'
notwithftanding; ' •
11. And v/hereas creditors have been greatly delayed in recovering their jufi: debts, and executors and Executors, Sg.
"adminiftrators put to great difficulty in the lettlcment ofeftates: Be it enacted by the authority afore/aid, ^^^^-^''^^^^^^
That from and after the pafTmg of this a£l, no executor or adminiftrator fliall hereafter take hold or re- deceased's es-
tain in his bands, more of the deceafed's eftatethan amounts to his necelTary charges and difburfemencs, tate aiVr 2
and fuch debts ashe ftiall legally pay within tv/o years after adminifttation granted ; but that all fuch ""'^'"J '° ''^^ '®"
eftates fo remaining, fhall immediately after the expiration of two years, be divided, delivered and paid f *,uati°ts'^'"^'
over to fuch perfon or perfons to whom the lame may be due by law or the will of the decealed, fuch they gtvinj
perfon or perfons, or fome other for them, giving bond with two or more able fureties, that if any debt ''^"^; '^'^■. "*
or debts truly owing by thedeceafed fhall be afterwards fucd for and recovered, orotherwife duly made c^j'sary^ ' '^*
, appear, that then and in every fuch cafe, he or they (hall refpe£kively refund and pay each his or her
I'ateable part of that debt or debtSj out of the part or fhare fo as aforefaid allot! ed to him or her ; and ^"c ^°^^ *°
fuch bond fo taken fhall be made payable to the chairman of the county court for the time being, and of the credi-
his fucceflbrs ; which faid bond {hall be and enure to the fole ufe and advantage of the creditors, and tors, whomiy
fuch creditor or creditors {hall and may have a fcire facias in manner herein after direcled, againll the '^i'^^ a scire fa.
obligors in the faid bond, as if the faid bond had been drawn and delivered to fuch creditor or creditors. oUig^^I""* " "
• III. And be it further enacted by the authority aforefaid. That the bonds fo taken by executors or admi- ^^, ,
iiiflratora from legateesj or perfons entitled to a distributive {hare of the eftate of an inteftate, {hall by corded and
fuch executor or adminiftrator be brought into court at the next fucceeding court after fuch bonds are fo l >dged among
takenj and a record {hall be made thereof, and the bonds then lodged in the office of the faid court with '^^"^^^ords of
the records of the court : and in all fuits where the executors or adminiftrators of any deceafed perfon court.
ftiall plead fully adminiftered, no alTets or not fufficient affets to fatisfy the plaintiff's demand, and fuch Pfoceedings
plea fhall be found in favour of the defendant, the plaintifFmay proceed to afcertain his demand and fign ujjon a verdia
judgment, and on motion a writ or writs of Scire Facias {hall and may ifTue, fummoning fuch perfons '"*' ^^ execu.
who have entered into bond as aforefaid, to fhew caufe why execution fhould not ifTue againfl them for f^[[ admini^-
the amount of fuch judgment ; arid if there fhall be judgment againft the defendant or defendants to tfie ttred, &c. or
fcire facias, of any of them, execution fhall and may ifTue thereon againft the proper goods and chat- t'>'i»e contrary.
telsj lands and tenements of fuch defendant or defendants.
IV. And be it J urther enaSied by the authority aforefaid, That the creditors of any perfon or perfons de- ^'"'*''?*'°" of
chafed, if he or they refide vSrithin this ftafe fhall within two yearsj and if they refide without the li- -Jj^^g^"^ ^'"S*
mits of this ftate {hall v/ithin three years from the qualification of the executors or adminiftrators, exhi- gainst execu-
bit and make demand of their refpective accounts, debts and claims of every kind whatever to fuch ex- '';« undadrai.
ccutors or adnainiftrators ) and if any creditor or creditors {hall hereafter fail to demand and bring fuit "'*''^*'°'2'
for the recovery of hisj her or their debt as above fpecified, within the aforefaid time limitted, he, fhe „
or they fhall forever be debarred from the recovery of his, her or their debt in any court of law or equi- to^iFints &c.
ty, or before any juftice of the peace, within this ftate. Provided, That nothing in this a£l {hall ex. ^j,j ^ '
tend to debar infants, perfons non compos or femes covert, to bring their feveral a£kions after the expi- sons delaying
ration of the term above mentioned, provided fuch aftionsbe brought within one year after the coming at the request
to lawful age, fou»d mind or difcoyerture of fuch pejfons. Provided alfo. That if any creditor who af- "^^^•'^-es-^ecutor.
iTG l'7g9. ier making demand of his debt or claim, fhall delay to bring fuit at the Tperij^ teqrc'T: ef*fti^ ttcecuWh
4rf«nr«s«^ or adminiftrators, that then and in that cafe the faid diebtot demand ifhafl hot be bafrtd during the tiitie
of the indulgence.
V. And in order that jtll creditors may be duly apprifed of the death of any perfon indebted to them,:
£f it enaffed, That every executor or adminiftrator fliall within two months after being qualified as exectf- '
tor or adminiftrator, advertife at the court-houfe of the county where the deceafed ufuaUy dwelt at thfe
time of his death, and other public places in faid county, and at the diftriO: cotirt-houfe at the ttext'dif-
triO: fuperior court of law and equity held for the diftriO: in which fuch founty may be, for all perfonS
to brinj; their accounts and dg:nands of every kirid and denomination to the f^jd execut9T qr adrainiftra-
agreeable to the direftions of this adl.
VI. Jlnd be it further enaSfed, That all laws anj parts of laws that come -within the puryjew and jnear3;i
ing of this aft are liereby decl^ted yoid and Of no effe£l.
Ej;ecuters, i
to adveirtise
flejiealing
clause.
CHAP. g*.
Vol. 2. 83.
Ante p. 433
Manner in
viliich estates
ftejd in cotn-
inon may be
divided.
A/i act to am nd and enlarge an acty pajfed at Tarloroughy in the year one thou/and /even hundred and lighty-
feven, entitled, " An adl authorifing and empowering the ^Oi^nty courts of pleas land quarter-feffions t^
divide and appropriate the real eftate of intcftates." ■ ' , • ' . ■
WHEREAS the before mentioned a£t has provided an eafy, equitably and (peedy mode for divid-
ing the real eftates of inteftates ; and whereas it would tend greatly to the eaf^^nd convenienc*
of all tenants in common to be included within the provifions of faid a(5 : therefore,
I. Beit enacted by the General Ajjembly of the State of Nori^'CarolinOf and it is hereby enacted by the ztp>
thority of the fame. That it fliall and niay be lavt^fu', where real eftates now are or hereafter may be held
by tv,>o or more perfons as tenants ii} common, they ihall and may have the fame liberty and privilege of
having their faid eftates divided, as is provided by the faid a£k for dividing the eftates of inteftates j an^
the divifions when made fh41 iJe good and eiffe£tuaVin Jav tp band the parties, their heirs and affigng.
CHAP. 29. 4» oB direS^itig the fale (f the fkli li(ks ^indfmnjgSy naith the adjoining land within thediflriSi of Mero, QSj-
■ SOLETE.
CHAP. 34.
VU. 2, 13.
Ante p. 356.
Clause of an
act repealed.
CHAP. 36."
An aSl to repeal part of the iiventieth claufeiifan aB,,p(tffed at Htllfboroughy in the year one thcufand fevtn huvf'
dredand eigbeij four, entitled *' Ah a£fc to prevent the exportation of Unmerchantable commodities." ,
WHEREAS it hath been made appear to this general afTembiy that the faid claufe, fo far as it ref-
pedis the infpeftion of flax-feed, is attended with an unneceflary exj)e«c$ to t-he fhipper then
for remedy whereof,
' enacted by the General AffemUy of the j
, J '^e fame. That from and after the pafTu.^,
infpedion of flax-feed, is repealed and made void.
unneceflary exj)e«c$ to t-he fhipper thereof r!
I. Be it enacted by the General Affembly of the fl ate of North-Carolina tind it is ktrehy enactfd by thi aur
thority of the fame. That from and after the pafTing of this aft, the faid claufe or aft, lo far as refoefta thfi
.1
Part of Bladen
copty adiied to
Cumberland.
Suits now de-
liCndjng,
An aB to add part of Bladen county to Cumberland,
HEREAS it hath been reprefented and made appear to this general aifefmbly, that the upper par^
of Bladen county is contiguous to the county court of Cumberland and fupeiiiof court of Fayetteu
ville diftrift, and very remote from the court^hoUfe of the faid county of Bladen and thfe dfftrift court
thereof, to the great injury and incpfivenience of the inhabitants af th? up^dr pa^t of the fa;id county of Bl»t
den ; for remedy whereof, ' '^*' ' '' ' ' ' ■ • ■ '' -''-^ •.■•;'•■>'..! * • •■ '■' '■ *' . ' -■
I. Be it eJiaSed by the Qcneral Affembly of tht- flat^ of Nifrih-Cat^lfha^ aMif w herdy en/ijfid by the autbori.
A- /•»-..- -ru-,* »ii .u.,. ._rni-jj . . ■, . ••' xvcft of a line beginning direSly op*.
Feai tiver, thence a dire^ courfe tb
mberlaml county, thence the. fame direc-
tion until it ftrikes the Sampfon line, then beginning at the faid firft ftation oppofife to faid Willis's creek,
and running fouth feventy-five wtft to Robefon county line, he and is hereby annexed tp die co^mty of
Cumberland, and from and after the pafling of this aft fliall he awd rttoain a part tliereof. '-
II. [Unaece^iry tobe infrted.:] '
III. And be tt further enacted. That all fuits and other mattersof corvftoverfy now dciprndittgin the cooiw
ty. court of Bladen, fliall be profecutcd to a final end. and determination, as fully and in the fame manner
as if this aft had never been pafl(*d.
^« aSi to amend an act entitled « An a£l: direaing the mode of proceeding againft the real eftate of deceafed 1 7S9 4(77
debtors, where the perfonal eftate IS infufficieot for the payment of the debts." o»v*0
WHEREAS no mode of proceeding is dire£ted by the faid %6t for the adminiftrator to recover a^* chap. 39.
gainft the heirs, any debts that may be due and owing to hinj from the inteftate, when the per- Vol- 2. 46.
fonal eftate is infu£Ecient to difcharge fuch debt : ^'1** P- ^^^'
I. Be it enacted by the General AJfembly oftheftate of North -Carolinay and it is hereby enacted by the authori- administrators,
iy of the fame, That in all cafes where adminiftration (hall be granted to any perfon on account of his being when creditors
a creditor of the inteftate, and there fhall not be perfonaji aflets fufficient to fatisfy the debts or demand oi of '"testates,
(uch adminiftrator, it (hall and may be lawful for fuch adminiftrator to prefer a petition againft the heir or heir and reco-
heirs of fuch inteftate, for the recovery of fuch debt or demand, to the court of the county wherein fuch ver against tbe
adminiftration was granted, or to the court of equity of the faid diftri(fi in which (aid county may be, in "**' estate.
the manner and under the regulations prefcribed by an aft, entitled " An a£l for the better care of orphans
and fecurity and management of their eftates," pafled in the year one thoufand feven hundred and (ixty-two, '"='""^°tP5'*
therein fpecially fetting forth the nature of faid debt or demand, and the amount thereof, and praying that
the heir or heirs of fuch inteftates may be made defendant or defendants thereto ; and fuch petition being
filed in the clerk's office, the fame proceedings (liall be had thereon, and the defendant or defendants (hall
b? bound and fubje£l to the fame rules as in cafe of petition under faid a£b, and if a decree (hail be made
againft fuch heir or heirs, or any of them, execution (hall and may ilTue againft the real eftate of the decea-
fed debtors in the pofTeffion of fuch heir againft whom a decree (hall be given as aforefaid.
II. Whereas it is not juft that by the praftice or contrivance of any debtors, their creditors (hould be Dev ses of
defrauded of their juft debts .• and wliereas it is reafonable that the devifee or devifees of fuch debtors lands void, as
fiiould be liable to fuit for the debts of the teftator, in like manner as heirs at law for the debts of their ^^*=''«'l»'o«»
j^nceftor ; wherefore, Be it enacted by the authority aforefaid, That all devifes of lands, tenements and here-
ditaments, or of any rent, profit, term or charge out of the fame, (hall be deemed and taken only as againft
iiich creditor or creditors, his, her, and their heirs, fucceflbrs, executors, adminiftrators and affigns, and « „.
every of theoj, a? null and void ; and every fuch creditor (hall and may have and maintain his, her or their maintained a-
aftion or actions again fl fuch devifee or devifees, in all cafe and in like manner as fuch adiion or aftions gainst a devi-
might or could be brought or maintained againft the heir or heirs at law of fuch deceafed debtor, jointly *'^*'
>yith the heir pr heirs at law, or feverally by virtue of this il&j,
III. ^fid be it further enacted by the authority aforefaidy That in all cafes where any heir at law (hall be li- If »" he,'"" at
able to pjiy the debt of his or her anceftor, in regard of any lands, tenements or hereditaments, defcending al^enTbef^'^**
ip him or her, or where any devifee (hall be liable to pay the debt of a teftator in regard of any lands de- aiftionlanddes-
vifed to him pr her, and (hall fell, alien or make over the fame before a£lion brought or procefs fued out cendedordevU
againft him or Jier, that fuch heir at law or devifees (hall beanfwerable for fuch debt or debts to the Value u^^'r '^ ^^ ^'*",
of the faid land fo by him or her fold, aliened or made over ; in which cafes all creditors (hall be prefer- lue
ed asinadlipn againft executors or adminiftrators, and execution (hall be taken out upon any judgment or Creditors to be
decree obtained againft fuch heir or devifee to the value of the faid lands, as if the fame were his or her P^f'^'^'^^ *s m
pwn proper debt, faving that the lands, tenements and hereditament? bona fide aliened before the a£lion executors, kc.
brought, fhall not be liable to fuch execution.
IV. Provided always, and be it further enacted by the authority aforefaid. That when any fuch heir or devifee Proviso in case
Cull be a minor, and have a guardian, the leading procefs (hall be ferved on fuch guardian ; and where the of a*"'""'*
minor fhall have no guardian, ;hen and in that cafe the court (hall appoint a guardian to defend the fuit
for laid mirpr.
V. And be it further enaSled, That when any guardian (hall have notice of any debt or demand againft Proceedings in
the eftate of his or her ward, he or (he may apply tp the county court wherein fuch guardianfhip was dueTfromlhe^
granted, fpr an order to fell fo much of the perfonal or real eftate of fuch ward as may be fufficient to estate of ami*
difcharge fuch debt or demand ; and fuch order of the court (hall particularly fpecify what property may nor,
be fo fold, and fuch property fhall be fold on the fame credit and under the fame regulations as property
fold by executors or adminiftrators, is or may be by law ; and the proceeds of fuch fales (hall be confider-
ed as aftets in the hands of the guardian for the benefit of the creditors, in like manner as alTets in the hands
of an adminiftrator pr executor, after fieri facias as by the aft directed \ and the fame proceedings may
be had againft fuch guardian with refpe£t to the afTets aforefaid, as might be had or taken againft an exe- =,
cutor or adminiftrator in fimilar cufes. Provided never thele/syTh&t no execution (hall be levied on the goods
Vol. I. ey
m
PSO. or chattels, lane's or tenements, of any rriiftor hi the hands of hts guardian, until twelve -tnocths after
'..«»'v*«J judginent ob'.:.nod on the fieiJ facias aforefaid ; nor fhali execution iffue liable as aforefaid, at any time
but otMnotlcn in open court.
Tart eFan aA VI. ^rrf /•.- ji further etitiBed, Th?.t fo much of the faid recitecl-a<!vt ag requires that the pieas of exectitoW
irepealeU. qj- adniiniitratois ihal, be on oatli, io hereby repealed and made void.
CHAP. 40. -^^ actjof" raijng a revenue for the payment of the civil lift^ atd contingent charges ^ gsvernmtfit f for the yeaf
one thcufand seven hundred atiditinety. TEMPOHdRT,
CHAP« 41. An ad for the wo'-'i eafyrtdfmpttoh of mortgages: -•,
■^"^ THERE AS mortgagees frequently bring adrcns of eje£lment for the recovifry 6f lards and eftates
\ V ^^ them mortgaged, and bring aftions on bonds- given by mortg-^gofs to pay the money fscured
by ftich mortgages, and foj- performing the covenants therein contained, and Hkev/ife commence fuit in
the courts of equity to foreciofe their mortgagors from redeeming their eltates, and the courts of law
where fuch eje£lments are brought have not power to compel fuch mortgagees to accept the principal mo-
nies and intereft due on fuch mortgages and cofts, ot to ftay fuch mortgagees from proceeding ?»j judg-
ment and execution in fuch a£iions, but fuch mortgagors maft have recourfe to a court of equity for that
purpofe :
Hotv TTonga- I. ^e it enaBeA by the General Ap.mhh oftheflati of N$rth-Cdrolihdt and it is he ehy tnaBed ly the autho-
gets may dis' ^^ly ^j the fame. That from and after the paffing of this aft, where any aftion (hall be brought on any
gesXc'^ncfre bond for the payment of the money fecured by fuch mortgage, or performance of the covenants therein
of anion contained, or vi^here any aftion of ejeftment fhall be brought in c,«y of the fuperior courts of law or
brought. courts of pleas and quarter-fefiions in this ftate, by any mortgagee or mortgagees, his, her or their heirs,
executors, adminiftrators or afiigns, for the recovery of the pofleffion of any -nortgaged lands, tenements
or hereditaments, and no fuit fhall be then depending in any of the' courts oi equity iathis ftate, or touch-
ing the foreclofing or redeeming of fuch mortgaged lands, tenements or hereditaments, and who fhall ap-
pear and become defendant or defendants in fuch aflion, (hall at any time pending fuch attion pay unto
fuch mortgagee or mortgagees, or in cafe of his, her or their refufal, fhall bring into court where fuch adlion
fhall be depending all the principal monies and intereft due on fuch mortgage, and alfo all fuch cofts as have
been expended in any fuit or fuits at law or equity upon fuch mortgage, fuch money for principal, interefts
sind cofts to be afcertained and computed by the court where fuch a<3:ion is or (hall be depending, or by the
proper officer by fuch court to be appointed for that purpofe, the monies fo paid to fuch mortgagee or
mortgagees, or brought into fuch court, (hall be deemed and taken to be in full fatisfaftion and difcharge
of fuch mortgage ; and the court fhall and may difcharge every fuch mortgagor or defendant of and from the
fame accordingly, and (hall and may by rule or rules of the faine court, compel fuch mortgagee or mort-
gagees, at the coft and charges of fuch mortgagor or mortgagors, to affign, furrendcr or reconvey fuch
Court's poner mortgaged lands, tenements and hereditaments, and fuch eftate and intereft as fuch mortgagee or mortga-
a°^gnme *% g^es have or hath therein ; and deliver up all deeds, evidences and writings in his, her or their cuftody,
&c. or a recon- relating to the title of iuch mortgaged lands, tenements and hereditaments, unto fuch mortgagor or mort-
vejancc&c. gagors who (hall have paid or brought fuch monies into the court, his, her or their heirs, executors or ad-
miniftrators, or to fuch other perfon or perfons as he, (he or they (hall for that purpofe nominate or ap-
point.
Exemptions. 11, Provided always, That this a£t, or any thing therein contained, (hall not extend to any cafe where
Denial of right t2jg perfon or perfons againft whom the redemption is or (hall be prayed (hall, by writing under his, her
Pren^ser or their hands, or the hand of his, her or their attorney, agent or folicitor, to.be delivered before the
chargeable money fliall be brotight into fuch court at law to the attorney or folicitor for the other fide, infill either
without other that the party praying a redemption has not a right to redeem, or that the premifes are chargeable with
Ki"'ht of O'h*^' Of different principal fums than what appear on the face of the i^ortgage, or (hall be admitted on
demption'con- the Other fide 9 nor to any cafe where the right of redemption to the mortgaged lands and pifemifes ia
trovened, queftion in any cafe or fuit, (hall be controverted or queftioned by or between different defendants^ in
rooirrr'gt *^^ ^^^^ ^^^^^ °^ ^^^^ ' "°' ^^^^ ^^ ^"y prejudice to any fubfequent mortgagee or mortgagees or fubfe-
not to*be pre-*"" querlt incumbrancer : any thing in this a^ contained to tlxe contrary thereof in any wife iiotwithftand--
jiKliced, jpg.
A'laci to afiMx pr.ri of ^urhe cmnly tothe coun^ofV/iihs. , 17^9. 479
''HERSAJn it is reprefeiltecl to this general niTembly that a part of Burke county, krtOWft by the u^-v*-)
V , "^™° of Lutle-River Settlement, is of much greater diflance from the court-houfe in faid county cha?. 4S.
than from the court-houfe in "Wilkes, the inhabitants are under unneceifaty inconveniences 5 For remedy
whereof,
I. Be it enacted by the General Affsthhk of the Jiate ofHofth-Cai'dlmt and it is kerehy enacted by the aulh' PaMdfB-irlte
tity of the fame. That after the paffing of this aft, all that part of iSurke county that lies north of the fol- adJed to
lowing line, be and the fame is hereby anne^ted to the cov.nty of Wilkes ; and that the faid County line ^Viikes county,
be eftabli{hedasfo!loW3,_to wit, beginning on Iredell county line at tJie Whetftone hill on the Spring
road, and running up faid road to the lower Little-River, theiice up faid river to Holmes's cteek, thence
up faid creek to Lambert's fork, thence up faid fork to the head thereof, then a north courfe to the top
6f the Brufhy mountain, being Wiikeshne.
n. l^.Jtegether private. "^
An act to repent part of an act, pafed at Neiubet-n, entitUJ, « An a£^ to divide the diflri(n: of Morgan.** cHAp. 45.
WHEREAS the number of jurors m the diflrifl of Morgan appointed to attend the fuperior courts,
are more than neceflary, and the appointment not fo equitable and convenient as it might be t
I. Beit enacted hy the General Apmb.'y of the fate of North-Carolim, and it it hereby enacted by the atitho^ ^in^dLuI?*""
irity 6J thefamiy That from and after the pafliiig of this aft, the county of ... . (hall fend .... jurors, ^^" "'".'' "
.•....:...... the county of Lincoln eight, which fhall be the number and i^g.^'
ippointmer.tof the difFerent counties aforefaid,
IL Be it further enacted by the authority ctforefaidy That from and after thepafling of this aft, fo much ^**"f '^f'ati aift
of the before recited atl as relates to the appointment of jurors for the diftrift aforefaid, Ihall be and is "^P*^*'^**'
hereby repealed and made void.
An ail to erid it public pr^vifiohflore dn the frontier of the county cf tiawkins, far th^ accommodation ^^^^' ^7.
of the Cumberland guard. OBSbtEtM*
Hn act to amend an act^ entitled, « An aft for dlrefting the method of appointing jurors ill all caufeS, civil CHA?. 50.,
jxid cximvcidX" pajfed at Halifaxi in the year em thoufand feven hundred andfeventy-nine* RetsaL*
£2)j Vol. 2, 223. -
An act directing the manner of ijfuin^procefs in funiry cafes arifingin the Courts of law and courts of equity, to ^^^^' ^'^«
direct the manner oj proceeding on affigned or indorfed bills, bonds and notes under feal, to direct hoiv joint ob~ ^'o^- 2> ^**«
ligations Ihall furvive ; and to repeal an act for calling forth the militia to afftH in executing civil procefs^ and
to prevent abatements and dijcontinuances in certain cafes.
WHEREAS the prefent mode of iffuing writs and other procefs for the appearance to the fuperio^
Courts, where there are two or more defendants who refide in difFetent counties, is frequently
produftive of great delay and expence .* To prevent which in future*
I. Be it enaBed by the General AJftmbly of thefiate of North'Cqrolina, arid it is hereby enaBed by the aU' Mantiei' of ia^
ihority of the /amei That fronti and after the paffing of this aft, it fhall and may be lawful in all cafea ^"'"S *«fs,
where there are two or more defendants, for the plaintiff, in any fuit in the fupefior courts of law or courts s^defendamin
Of equity, to iflue writs ot fubpoenas as the cafe may be, direfted to the fheriffor coroner of each of the any superior
bounties where the defendants are moft likely to be found, noting on each procefs that they ate iffued in '=°"''' °.' 'o"**
the fame fuit, and when the fame ar? returned they fhall be docketed in the fame manner as if only one ^^""y*
had iflbed. And in cafe any defendant or defendants fhotild not be ferved with fuch procefs, the fame
proceedings (hall be had as in cafes of other fimilar proCefs which has not been executed.
II. And be it further enacted, That when two or mo^re perfons ire joined in one aftion in atiy of the ^^ any coanty
county courts of pleas and quarter-feffions in this flate, and one of them (hall be perfonally ferved with a '^°'"''*
ferocefs in the county from whence the writ iffuedj and the other or others fiiall refide in fome other coun-
ty or conrtties in thib ftate, then and in that cafe it (hall and may be lawful for procefs to iffue to the coun-
ty or counties where the Other defendant or de-jndants refide, returnable to the court of the County from
i Whence the fame iffued, any law to the contrary iiotwithftanding.
4S0 1789. III. And whereas by an ad of the general aflembly, pafTed at Fayettev'ille, in the year one thourani ,
•--•-v^O feven hundred and eighb-fix, entitled, " An a^ to make the fecurities therein named negociable," indorfee* ,
lodorsee of a and aflignees of bills, bonds and notes ivith feal, aje direded to bring a£ltipns pn the cafe, on the fame j i
**^'*brm"' n*^ which is inconfiftent with the nature of fuch fecurities, and frequently proves injurious to indorfees and af--';
Ta^n oUcbt fignees of fuch bills, bonds and notes : for remedy whereof, Be it enacted,Thzt from and after the paffing of ''
in his own this aft, the indorfee or aflignee of any bill, bond or note under feal, may have and maintain an a£iion of ^
*>*'"«• debt on the fame, in his or her own name as indorfee or aflignee, provided the original obligee could h»ve 1
Ant* p, 4t3. maintained an aftion of debt on the fame bill, bond or note with feal % any law, cuftom or ufage to the ^
contrary notwithftanding.
Aft repealed. IV. And whereas an ad of the general aflembly, pafled at Nevbern, in the year oije thoufand feyen. i
hundred and eighty-four, entitled, « an ad for the more ready and effedual execution of procefs iffuing ;
Ante p. 380. from the feveral courts of law and equity, in cafes wh^re the fheriff or coroner may be refilled, ^d the
power of the county (hould be found infufEcient for the purpofe therefore," is found to be no longer ner ■
ceffary : Be it enaaed, That the before recited ad, and every part thereof, be and the fame is hereby re^ i
pealed and made void, to all intents and purpofes as if the fame had never Taeeh made or enaded.
'^vei* atn'st*"' ^- ■^^^ whereas it is a rule of cpmmon law, that in cafe of the death of a joint obligor, the debt can ,
belrs*&c. * never furvive againft his heirs, executors or adminiftrators, vjrhicK rule frequently is injurious and pppref- j
of a deceased five tp the furviving obligor or obligors •• To remedy which. Be it ehaSied^ That fronrt and after the pa£- j
"'''T's^^r" fingofthis ad, in cafe of thedeathof one or more joint obligor or obligors, the joint debt or contrad (hall !
vori.^ *"""* and may furvive againft the heirs, executors and adminiftrators pf the deceafed obligor or obligors, as j
Suits to be pro- well as againft the furyivprpr furvivors ; and when all the" obligors Ihall die, the debt or cpritrad ftiall \
secutedonjoint {urvive againft the heirs, executprs and aciminiftrators of 3II the faid joint obligors ; andin all cafes of joint |
*erraft'w en- obligations or affumptions of copartnCTS or othe:rs, entered into after the paflxng of this ad, fuits maybe i
iered into as if brought and profecuted on the fame, in the fame manner' as if fuch obligations or affumptions were joint J
joint and seye- ^nd feveral J any law, cuftoni or ufage to the contrary notwithftanding. "" ' ' j
'*^' ' VI; And whereas by the law now in force in this ftate, defendants to fuits in equity cannot be held t9 |
S*h!"d w*baij ^^*^ without a fpecial order from one pf the judges for that purpofe j which order can feldom be obtained, 1
in the court of except in term tinje, withouf great delay and trouble : Therefore, Be it further enaded, That in all cafe$ .
equity; lipon where the plaintiff or complainant in equity, Ihall fpecially ftate his debt or damages, and make oath or
T k^^^d'* *^ affirmation to the fame, before the' clerk and mafter in equity, it ftiall and may be lawful for the faid.j
^[ f" !"*^' clerk and mafter in equity, to require the defendant or de 'endants to be held to bail, ip the fame manner ■
as if the fame had been by order of one of the judges of the fuperior courts of law and courts of equity.
No aliatejnent • yU. And be U further enacted, That where a term' of the fuperior court of law or the court of equity, oy ^
Bte?miS* a feffion of the court of pleas and quarter-fefDons, fliall intervene betweeii the death of any plaintiff or j
venes between defendant and qualification of the executors or admbiftrators of lueh deceafed plaintiff or defendant, the
the death of a intervention of fuch term or feffion ftiall not work any abatement or difjiontinu^npe pf f>tch fuit } any lav
JualTfimionof or ufage to the contrary notwithftanding, - ■ -
the executor or administrator. ' , , ^ , .^ , ^
CHAP. S8. ^/^ "(^ '^ ^'''^' ** Itgbt-houje on Occacock j/Iand, USSOLETM.
{,■'■■■■' ' ' -•■ • ]!■■' li ^ ,r< u ::' ■' ■ '. . '>.,"■, ■'.■':
CHAP. 59. An act to emend an act pajfed at Neijuhern, in Ncvemberf one thoufond feven hundred and dgbty-four, entitle/^
Ko/. 2. 55, 202. « An ad tb explain, amend and fupply the deficiencies of an ad paffed at Hillftiorough, entitled, Ai^
- o-a ' ad to regulate the defcentof real eftates, to do avi^ay entails, to make provifion for widows, and to pre*
Ante p. 78. ^^^^ frauds in the execution of laft wills and teftaments ; and for direding how deeds pf gift and billf
of fales of Haves ftiall be executed, authenticated and perpetuated.''
WHEREAS In the feventh fedion of tjie above recited ad it is required that all bills of fale for ne-
groes, and deeds of gift of any eftate of whatever nature, fliall within nine months after the- mak-
ing thereof be proved in due form and recorded ; and all bills of fale and deeds of gift not authenticated)
and perpetuated in manner by the faid ad direded, ftiall hi void,' and of no force whatever : and whereasi^
it appears to this general affembly, that by unavoidable accidents many counties in this ftate did not receiver
the laws in time for a number of the good citizens of this ftate to avail themfelves of the benefit of thq«
faid ad, whereby many are likely to fuftain great damage ; for remedy of which,
Further time] I. Be it ena£led by the General Affembly of theflnte of North-Carolina, and it is hereby enacted by the^attf
allowed for thirity uf the same. That all biUd of iale taken and deeds of gift made, and not already recorded in mannef
je^icfid by. the before jiientloaed aft," ftiall haw a further tin^e of twelve months allowed for probate and 1789, 481
jegiilratioti ; an4 (hall when thus authenticated and perpetuated, be held and deemed as Valid in law, to c-'-vO
all intents and purpofes, as if they had been prov,ed and regift^red within the time required by thp afore- piobate, &c of
/aid recited aft; any law, ufage or cuftom to che contrary notv-ithftanding. ' Wis oTsale, &c.
IJ. /ind h ijl further imSied by tlit authority afot-efaidy Thai hereafter all bill;, of fale of negroes, and deeds Hereifier to be
..of gifts of any eilate of whatever nature, fliall within twelve months aftCT the maKing fhereoF be proved ^!iJh^\f'^*^
in due form and recorded ; alfo all bills of fale and deeds kof gift, net autheiuicaled in manner by this aft, monihs.
4Ji'eiip<^,,(haU b$ void and of no force wbatfoever ,; any law to the contrary notwlthftanding.
An a£i direcling the mocU of faifing a fund.in the fevera] fprts of thisjiatefor the fupport of ftckfeameHf and the chap. 90.
manner of appropriating the same, j^/ggq
WHEREAS failors 2«d mariners who come by water into this flate, frequently fufFer for the want i79q_ 2^^ '
of proper means in ficknefs, and the funds vaifed by the parifh taxes, arid the wardens of the poor,
are in many cafes infaihcient :
I. Be it ena&ed by the General AffemUy el the B it of 'Borth-Garolin^y and it is hereiiy enaBed by the aU' ^'^'^^ f<"" sup-
iiority of the fame, That all captains of vefTels, on their arrival into any of the ports of entry in which the ^" of s.clc
{aid towns are (ituated m this ilate, {hall give an exa£t account upon oath to the colleclor of the cuftoms
of the number of mariners which he may have on board his veflTel, with their names and ftatlons on board ;
atid be/ore.th« golkfitor for any of the ports at^refaid .fliall admit the .captain or other perfon to make en-
try of any veffel, the faid captain or other perfon fpr him ihall pay the fum of one ihilling for himfelf, •
and tl»e. funj of one CljilHng for eaqli of his mates, and the fum of one fhilUng for each of the crew (appren- ^ ^^^ ^^,j ^^..^,
tices not receiving pay excepted) ,- which money the faid coDeclor is hereby ordered to collect and pay to actSbai ceaJd
tlie conaoiifljonerg pf the town and parilh wherein I'uch entry hath been made, under the penalty of twen- '« l>e attended t(%
ty-five pounds .for each and .esvery oiFence, to be recovered at the inftance of the commifiioners afprefaid /'X^mo^'!^'
in any court of record ; and the faid coUeftor is hereby ordered to keep an exa£l: account and regifter of iimilar fundby
the faid entries and hofpital money fo paid hiui, for which he (ball be allpwed two and a half per cent, for the U.i'iatet.
his troiible , and he {hall fettle the fanie with the coramifljonera of faid town whenever demanded by them;
which money fo received fhall be calied bofpital money, and (hall be appropriated by the commi{Iioners
aforefaid at their difcretion, to the uCe of failors and mariners in times of ficknefs only. Provided, That
no crew coming i^to any of U>® faid ports with the fmall-po,x, or othqr contagions difojder, {hall be entitled
thereto. " . • ' ' ■ '
II. And be it further enacted by the atithorlty aforefaidy That when jreflels flial] arrive from long voyages,
the captain {hali pay as afprefaid, and for the ufe aforefaid, the fum of one {hitHng per month, and the fum
of eight pence for each of his mates per month, and the fum of four pence per month for each of his
crew, ejccepting apprentices above mentioned not receiving pay, for each month it may have been fince he
left the port of his departure. Pravidedy That if any mafter, mate or feaman aforefaid, (liall fhew a re-
ceipt for hofpital money paid by him m any port of the United States, one month previous to the entry
of the veffel in any of the faid ports, he {hall be exempted fronj the payment of the faid hofpital nioney.
IlL [fiUi^ither private.^
4,n ^fi t$ s;ii£mrage the mamtfanure »f poi-afb. obsolete. CHAP. 61.
An a~t directing the cdleBors of impcjis and other duties to colkB the fame for the ufe of this Hate, until the CHAP. 62.
congrejs of t .e l/aiied jUates fha.! make provfton for that purpofe ; and to repeal an aSi paffed at Hill/borough
in April, one thou! and J (v en hundred and eighty-four. Fint section ex-
V^- A ^D be it enacted by the authority (foresaid. That the aft paflTed at Hillfborough in April, on^ pired.
jt\^ thoufand feven hundred and eighty fo^ir, for impofing a duty or tax in aid of the public re- j^ ..
yeiioe upoa the different articles therein mentioned, fold at audion or public vendue, and for regulat- cla^e.'"^
ing auctioneers or yendae-mafters, be and the fame is hereby repealed and made yoid, to all intents and ^^j^ ^^^
purpofes, as if the fana^ had never been made.
An act Co repeal part of an a?t^ ettfitled, <« An a£l: for appointing an agent, and holding a treaty with the CHAP. 65.
Cherokee Indians, and for other purpofes "
J- "OE it em&ed by the General Affembly of the /late of North-Caroftrroy and it it hereby enaSedhy the autht- Vviol tm^
_ jO *''^'J 0/ the fame. That fo. much of the before recited a£l as relates to the appointment of an In- '^pealed,
dian agent, hia duty »ad pi¥> b.e aoui the (Jane is hereby repealed and made vpid. Ante p. ZZ9i
Vol. I. 6 G ,
4?S 1789. An act io atner.el (lie fi'vera) a&s cf ilu Gtn-ral Ajf mbly for eft abtijltin^ a cdutt of lar^ and fquiti*in
U-'-v-vj thf cour.ty oj D.vdfon, and trutrng the dijlrid cf Mtrcf and to make pfcvijii/n Jot the Jud^e of
CHAP, 68. hi ro dijirict.. OBSOLETE,
iJHAP. 67.
Ante p. 208,
Section of a
law rrpealed.
Jn a£lto reptalthe Hxty-fifih seBion efati acty paffedat Newbern^ in the year one thou/and seven hundred atii
scventy-scvai, entitled^ " An a£^ for eftablifliing courts of law, ^d for regulating the proceedingaf
therein." ,
WHEREAS doub s have arifen whether the fixty-fifth feifllbn bf the a£t above recited be in force
or whether the fame be repealed by fubfequent a;£fc8, fo that the clerks of the feveral county
courts are in doubts how to a£t with refpeft to the duties enjoined them by the faid claufe : And where-
as the fame has been fownd by experience to be of no real utility, and to impofe urineceffary expence on
theeftates of deceafed perfons-: ' ,
I. Be it therefore enacted by the General AjfeitiUy of tie liaie of North-Carolinai and it is hereby enaBed by
the authority of the fame. That the faid fixty-fifth fettion of the faid aft, entitled, « An aft for eftablifli-
ing courts of law, and regulating the proceedings therein," fliall be and the fame is hereby repealed and
made void.
CHAPr 69.
Further time
allowed for sur-
veying lands.
An act allowing a longer time forjurvyitig lands entered in the ojjrce kept by John Afmflrong, mi-
litary zvarrar,ts and pre-emption rzghts.
I. TJ E it enaEfed by the General AJfembly ofthefiate of North -Carolinai and it is hereby enaSfed hy the authom
J3 *''^y ofthefame^ That a further time of three years {hall be allowed, for furveying all lands enter-
ed in the office of the faid John Armftrong, all military warrants iflued by the fecretary of the ftate,
and all pre-emption rights in the diffrift of Merb j any law, ufage or cuftom to the contrary.
CHAP. 71. An a8 to prefcribe the mode of paying the militia officers and foldierS for their fervlc:s: oH ah expedition carried on
againjl the Chicamega Indians, by brigadier general Jofeph Martin, in the year one thousand seven hundred
and eighty^eight. ParTLT REPEALDt Vol.%61, the reft obfglete.
THE TITLES OF THE PRIVATE ACTS;
9 An afl for granting to tBe inhabitants ef Tyrrellcounty a pri-
vilege of holding separate eIe<3ions for members of assem-
bly.
10' An aft to empower the wardens of the poor fbr the county of
Currituck to lay a tax, to enable them to settle the arrears
due from said county to persons who have supported the
poor.
11 An a.& for levying a tax in the distriA of Salisbury for finish-
ing the court-house, and repairing the gaol for the said
distriji.
13 An aa for altering the name of James Rousom to that ot
James Long.
18 An afl for'the promotion of learning in the county of Corti-
ti"ck, and to amend the Wilmington academy law.
25 An aft to establish the title of certain lands therein mentioned.
26 An a£l to enable Thomas Callender, aiting executor of the
last will of Parker Quince, late of New-Hanover county,
deceased, and the other persons therein named, to make
sale of certain lands and tenements, part of the residuary
estate of the sard Parker Quince, '
^27 An adl to incorporate a society of persons by the name of Cen«
tte Benevolent Society.
^8 An aA to alter the names of Nancy, John and Keziah Ly-
tk, children of Sarah Nichols, formerly Sarah Lytle, of
the town of Hillsborough .
30 An afl for erecting a town on the lands of Fergus Sloan, in
Iredell county, and to amend an i,ik for the division of
Kowan county.
3\ An ail for laying off a town DA tbc laads of John Marrtner,
in T/n«U county.
SZ An %& to empower certun persons therein named to receive,
sue for and recover all such bequests, donations, bene-
fafiions and other things, as have heretofore been be-
qiieathed, given or made by any person or persons what-
soever, for the use of the congregation or society of
the episcopa. Communion of Newbern.
33 An a(ft to invest an indefeasible right of inheritance in Charles,
Alley and Prudence Oggs, the surviving natural children
of John Oggs, of the county of Pasquotank, of such pro-
perty as was bequeathed to the.a and their deceased bro-
ther Jesse Oggs,
5S An a^ to emancipate certain negroes therein mentioned,
37 An Skdi to vest in Jeremiah and Robert Field an indefeasible
right to such property as was granted to them by their
father William Fields iu the yeai one thousand scveo'
hundred and seventy-six.
33 An aa to pardon John Bradley, of the town ot Wilmington.'
42 An *& to establish the lines of a certain trad of land grant-
ed unto Charles Gerrard.
44 An ad to authorise James Billingsby to execute a deed or
deeds of conveyance, agreeable to a power of attorney
and the last will and testament cf William Rea, late o&
Guilford county, deceased.
46 An aA to establish a public inspeaion of tobacco iia Clarks*
ville, in the county bt Tennessee.
^ An aA to amend and enlurge an aA passed at Hillsborough*
in April, one thousand seven hundred and eighty.four^
entitled, " An aA to enable Mary Dowd to sue for and
recover to her own use, and the use of her children bjr
her husband Conaei Dowd, tU debts due »nd owing t9
i1i<? said Cfinner. and e.1 other things in af^ion which the
snid Conner Dt wd might lawfu'ly sue for and recover,
•were he a citjzea of thiii state arid eniiiled to tiie benefits
\^ of its laws,
'is An a<a to confirm unto Benjamin Williams an indsfeas'ble
tiile to a certain jjiece ot land in Brunswick county; and
for making conformable to the plan the courses of "a tradj
of laud, containing five thousand acres, in Hawkins
county, situate on (he north side of Clinqh river and on
both sides of Emery river, gianted to James Glasgow;
and the courses of a' trad of land in Jones county, lying
on Crooked run, cqntaming six hundred and forty acres,
granted to Abrahatii Busset.
ifo An a<5 to enable William Beaty, administrator of the estate
of James White, late of Blad°n county, deceased, to sell
the lands and tenements herem mentioned.
51 An ail to vest certain lands therein rrientioned in the month-
ly meeting of the people called Quakers, of flew-Garden,
in Guilford county.
52 An a<a for ereaing and establishing a towrn at Hawkins court -
house. .
53 An adl for ciittiiig a canal from Junipe* bay to Mattamuskeet
lake, in Hyde county,
a Ah aa for establishing two places for holding general mus-
ters in the counties of Wilke-, Burke and Rmheiforl,
and the place of holding courts mattial ; and for altering
the manner of holding ekaions of members to rep:esent'
said counties in the general assembly.
55 An aft to empower the county court of Pitt to lay a tax an-
nually for the purpose of building a court-house, prison
and stocks, and for keeping the same in repair.
63 An aia for the relief of such persons who may be wounded,
by the Indians within the distridl of Mero, and for other
puirposes.
64 An aiSi direaing returns to be made ot the taxable property
in the middle distria of ^nson county, for the year 17S8.
68 An aa to empower the wardens of the poor for the counties
of Franklin, Orange and Surry, to build a house or hou-
ses for the reception of the poor ; and for amending Wil-
mington-town law.
70 An aa to revive and continue in force, en Sax as re^efls-the'
counties of Johnston, Btaden, Rotieson and Guilford, an
,i.&. passed in the year one thousand seven hundred and
eighty-seven, entitled, •• An aa to empower the several
county courts therein mentioned to lay a tax, not exceed-
Jng three years, for the purpose of ereaing or repairing
the court-house, prison and stocks when necessary, and
for defraying thecontiBgent charges of thecotinty,"
1789. *fe
Read three times and ratified in the Geoaal Assembly, the ;^d da; of December, 1789;
Charles Johnson, s. s*
4g4 1790.
>ik.T,:.,t.^. Dav of November, in the Year o^ our Lord Oae Thou,^aad Sevea Huhj
''""""■ dred and" Ninety, and in the Fifteenxli Yej^r of the Indepftli4?pf ofth<
«aid State : Beiftg th§ ?jrs,t Session of th.is Assembly.
CHAP 2 AnaSito.c(4ear^vdlmtkeWtt^4Smespf^rnerica^ the land^ therein f^entionei f^ the
WHEREAS WiUiamWiMiams, John. Williams, ioie^hWil^t^, Wmr^W^mhmm an
Henry Gerrifh, of C;»rteret county, planters, have by deed bearing date the thirteenth day ol
Sentember!rthe vear one thoufand feven hundred a«d niaety. conveyed tq the gomnof ,of b^ fete an
Ssteffors in office, for the ufe of the ftate, to erea a light-houfe there^".. «"« ^"« °^ l^"'^ °" Ocj
cockTfland 0 be^bhof;n o^ of their fevera! unimproved lands Gtuated on the faid .fland, by commiflioner
COCK uiana, lo oe cuuicti V" " ^ /r j » T7o„of«-/w;iU^ ^n the vear aforcfaid, as by reference to the fa«
appointed by an act of afefpbly palTed at FayetteviUe m the year ^^J"^'^'"* [ • , ^^^ gr j .
deed and tA had may more fully .appear. And whereas Benjamin Smith, of ISrunlwi.k county, iiiqmre
Zi executed a Ae^d^to the perfon herein named, for the ufe of the fta- e and the fecunty of the nav.gJ^
£n orCaDll4r! for t^^ acres of land fituated on the Cape-Iflaml, for the purpofe of erefting thereoa-
htluf^ L'di thl condition and limitations in faid deed -^^-^"^ ^^^^^^^^^
bfy pafTed at Ja^etteville, in the year one thof nd feve^. h^^^^^^^^^^^
he e t iW^^t and fubport of light-houfes is placed by the coniUtution and laws thereof ^
, , I £h^^^^^ ihe General AJfembly of the Jiate cf North-Carohra, and tt rs hereby euaffed by i
Cfrtain lands i- -^^ >t werejore enatiru p v/ r.f., ^^n:^^ ^f thh aft. the lands as aforefaid, with their al
312. ■ the faid courts Oiould be fo arranged and excedit^a as to be ieisexpeiii,y|.i.wv., > . i
Tim.«a l„^,„?,\h„ name of the wcllern riding ' iind the diariSs of Halifax, Ede..ton, Ne^bern and W
rf„e of hold- ''".''^' " ''y i,""""" ^? , ir„l ,Vr rl.lln,, and be diainpuiftied and known by the name of the ea«
4,„.„.»,-npo„,^n,a.,co„^^^
(hall be held for their refpeftive ^i{lri£ts, at the following places and on the following days, that is to 1790. 48Sf
fa J', in the weftern riding, for the diftri<!:'t of Morgan, at the town of Morgan, on the firft days of Msrch Uo^v^ni^
and September ; for the diftrift of Sallfbury, at the town of Salifbury, on the nineteenth days of March
and September ; for the diilrl£t of Hillfborough, at the town of Hillfborough, on the jQxth days of April
and Ofliobet ; for the diftrift of Fayetteville, at the town of Fayetteville, on the twenty-third days of
j^^iil and O£tobef. In the eaftern riding, for the dlftridt of Halifax, at the town of Halifax, on the
twenty-third day's of April and October : for the diftritl of Edenton, at the town of Edenton, on rhefixtli
days of > ptil and October ; for the diftrifl of Newbern, at the town of Newbern, on the nineteenth days Voi, 2, 30, 145.
of March and September ; for the diftri£l of Wilmington, at the town of Wilmington, on the firft davs.
of March and, September : To which times refpecTtively, all matters and things depending in the faid courts
Ihall (land adjoi|rned .• "And each term fliall continue thirteen days exclufive of Sundays, by adjournment
,from day to day if the' bufinefs ftiould require fo long time •• but othejwife may be fooner determined.
Provided alivciiSy That if the day by this zQ. appointed, for holding any of the faid courts, fhouid happen
'.to fall on' Sunday, then fuch court fliall be held the n^xt fucceeding day, any thing herein contained to
the contrary notwithftanding, ' ' • '
II . And be it further enaSled by the auihoritfaforefaidy That one judge fhall be appointed in addition to the .^^^I'^onal
prefent number of the judges of the faid courts, who fhall have, ufe, exercife and enjoy the fame powers, pointed,
authorities, rights, privileges and pre-emiaences, as are ufed, exercifed and enjoyed by the prefent judges .
of faid courts, under the faid a(3:, entitled,,*' an a£l for eftablifhing courts of law and regulating the pro- ^^ po)yers,
ceedings therein," or any other a£l or law whatfoever of this flate. And the judges of faid courts (hall
fo arrange their attendance at faid courts, that tw:o of them fhall regularly attend the courts of the weftern Auendancccf
riding, and the othjer two, thofe of the eaftern riding, and in fuch manner that any two of the faid judges fhe judges at
,fhall not attend the fame courts fucceflively, but one of the faid judges fhall pafs into the other riding at °^"* courts, &c.
" each fucceedihg circuit, and this change fhall be performed by them in regular rotation. Provided^ That
the judge fo to be added, (hall before he adt as fuch, take the paths directed by law to be -taken by the
.judges of the faid fuperipr courts. '
' III. And he it further enacted by the autiority aferefaidy That the judges attending the courts within .the J'^'^ges to dfs.
faid ridings at the end. of each term thereof, fhall at _ their difcretion divide and diftribute the bufinefs J,w'^ f'^h"'
with refpefl to the days or part of next term of each refpedlive court under fuch rules as they (hall think n«xtterni.
fit j which rule or order fhall be advertifed by the clerk of faid court at every court-houfe of every coun-
ty within the fnid diftridi within fixty days, under the penalty of two hundred pounds, to be recoyered by Cterfc to adver-
ad^iOn of debt in. any court having cognizance thereof ; and for which fervice the clerk (hall be allowed j^c. ^ **'"'^»
' twenty fhillings for each county, to be paid by the treafurer of this ftate on affidavit to be made by the clerk.
IV. And b^it further enacledby the authority aforefaidy That each of the jtiroirs attending the faid courts Allowance of
..fhall be allowed as heretofore. ' ~: ' ■'"'°"-
V. And be it further enacted by the authority aforefaidy That each of the judges of faid courts fhall he al- Allowance of
lowed the fum of eight hundred pounds annually, in full compenfation for all fervices : and in cafe the ^'^®j"dges.
faid judges, or either of them, fhouid fail to attend at any of the faid courts, uport fuch failure the fum '
of (even pounds pei? day fhall be dedufted for every day they fliall be abfept duribg each term, ficknefs
' cr otJher unavoidable accidents excepted.
VI. And be it jurther enaBed by the authority oforefaid, That the clerks of the refpeflive courts fhall car- Clerk to cenify
tify to the treafurer the number of days each judge fliall have failed to attend the courts as hy this a£l: di- a^*"/^''"'^\''^
raifled, utider the penalty of fifty pounds for every negleft j and the treafurer .{hall dedu<fl from the fa- "*^^'
'jary of fuch judge accordingly. ■ ' . .i .. .
VII. An.dl-e itfurthir enacted by ihe authority a/ere/aidi That oi^e other perfoii, being a man of abilities, Solicitor gen*-
in"e";r!ty and learned in the law, {hill be appointed folicitor-general for the ftate, who fhall have the fame '^*\'°'^*p-
po.wers, and he uader the fame reftrictions, and. have the fame allowances and fees as the attorney-gene-
ral; of this ftate j and the faid folidtor-jgeneral ,and attorney-general fliall arrange the bufinefs infjich man-
ner as may bdmeft- convenieft): to themfelves, fo that one of them fliall attend in each riding j and the
faid foHcitorr-general {liall be appointed, by joint ballot of both houfes of the general ?flembly,
VIII. 'And be it further- ena^ed by the authority aforefaidy That all indidlments for.afiaults, batteries and Indi(9ments
petit larcenies, and alliops for ilander,, fhjiU in future originate in the <:ounty courts of plea^? and q^uarter* ^^ assaults,
femonsbnly. ? ' '. ' ■. ; ' '- ' ' ' ;^ou^
Vol. L 6 H eourtj.
Efoceeriinc;!
its 1790 IXj jind he it further etiaSed, That no fummons, writ, declaTatlorn return, procefs, judgment or othef
proceedings In the civil caufes in any court of record, (hall be abated, arretted, quadied or reVerfed fof
any defeat or want of form, but the faid courts refpeftively (hall proceed and give judgment according-
\VanTof f i^ra "^ ^^* ^^ ^^^ '^'g^^ ^^ ^^^ caufe and matter in law fliall appear unto them, without regarding any imperfe(fli-
ons, defeds or want of form in fuch vvrir, declaration or other pleading, return, procefs, judgment or
Exrepr in case couvfe cf proceeding whatfoever, except thofe only in cafes of demurrer, which the party demurring (haH
.»f lietrutiei, fpeciaJly fet down and exprefs, together with his demurrer as. the caufe thereof. And the faid courts re-
Ipeciively fhall and may by virtue of this aft, from time to time, amend all and every fuch imperfeftions,
defecja and want of form, other than thofe only which the party demurring fiiall fet down as aforefaid,
and may at any time permit either of the parties to amend any thing in the procefs or pleadings, upon tuclj
conditions as tlie faid courts refpeftively (hall in their difcretion and by their rules prefcribe,
X. Ind be it further enaSied by the authority aforefaid^ That fo much of the two a£l;s mentioned in the
title" of thfs a£l, and fo much of every other aft as comes within the purview of thi» aft, (hall be and i»
hereby repealed and made void.
*-^.
litpealTng
Clause.
CHAP. 6.
VqI. 2, 27, 4,7,
Officers of the
U S. not eli-
gible to a seat
in th^ assem-
bly.
Kone to hold
an office under
the U. S. and
this.
Senators and
representatives
included, &c.
An act to prevent any perfon mho nov} dois^ or who may hereafter ^ hold any office, dppoin^rrtfnt of
authority under the federal govivnmenff from being eligible loapat in the general ajjembly oj this
Jlare, and to prevent any per [on from, holding or (xercijing an v office 9r appointment under the au"
thorny cj the faidjtat'f fo long as they continue to holi or exerctfe any offce or appotntmtnt und r
the authority of Iht United States.
WHEREAS in confequence of the adoption of the conftitution or form of government of the Unit-'
ed States by this ftate, found policy diftatea the meafure of keeping feparate and diltinft the?
officers afting under the authority of the United States, from afting in any legiflative, exectuive, judi-
ciary or other fituation under the authority of this ftate :
I.' Be it therejore enaBedby the General AJfembly of the fiate of North-Carolinay and it is hereiy enafledby the
authority of the fameylhit from and after the palling of this aft, no perfon whatever (hall be eligible to
a feat in the general alTembly of this ftate, who at the time of eleftion to fuch feat, or at the time of
taking the fame, (hall have or hold any office of truft, profit or emolument, under or bj^ the appointment
of the United States, or any officer thereof.
II. And whereas it is necefTary to keep feparate and diftinft the offices of the federal goremment
from thofe of the ftate government : Be it further enacted by the authority afortfaidy That no citizen of
tfeis ftate, (hall hold at one and the fame time, any office, of truft, profit or emolument under the autho-
rity of the United States, and any office or authority eitlier civil, military, judiciary, or otherwife, un»
der the authority of this ftate.
III. And be it further enacted by the authority aforesaidy That the fenators of this ftate td the United
States, aud the reprefentatives of this ftate to the United States, (hall be confidered as coming within
the mearting and purwew of this law, and (hall be excluded from all ftate offices as aforefaid. And
any perfon accepting any fuch appointment under the authority of the United States, and holding any
office or appointment under the authority of this ftate, the (aid ftate appointment is- hereby declared
to be vacant:
CHAP. 7.
Vol 2, 20. 21,
34, SO, 102,
112, 224.^
Times of hold-
ing courts in
sundry coun-
ties.
An aB to alter the time of holding the fever at county courts of pleas and quurterfeffions therein mentioned.
WHEREAS by reafon of the extention of the terms of the fuperior courts for the feveral diftriftsi
within this ftate, and the confequent alteration thereof, it is neceflary to alterthe terms of hold-*
ing feveral of the county courts within the refpeftive diilrifts :
I. Be it therefore enacted by the General AJfemhly of the ftate of North -CaroKnay and it is hereby enacted by tie
authority of the fame, That the fundry courts herein named (hall be holden as follows, viz, . . , . ^
Chowan, the fecond Mondays in March, June, September and December y . , . . .the county of Per-
quimans, on the fecond Mondays in February, May, Auguft and November ; the courts for
the county of Carteret, the third Mondays in February, May, Auguft and November •, the courts for
the county of Tyrrel, the fourth Mondays in January, April, July and Oftober ; the courts for the county
of Pafquotank, the firft Mondays of March, June, September and December ; the courts for
^e county 9f Jones, on Ui« fecond Mondajts in February, May, Auguft and November ; To wbicb
fifiies refp6(ftively all matters and things inihe reTpecTkive county court* in this ftate herein mentioned^ 1790. 48?
(hall ftand adjourned from the courts which will be next after the firft day of March next.
An a5 to alter and amettd the aBs for regulating tht pilotage andjacilitating the itivig.itiofi of Cape-Fear river. CHAP. S,
WHEREAS the rates allowed by law to the branch pilots for the bars of Cape-Fear river are not
adequate to the purchafe, repairs and incidental expences of fuch boats as are necefrarv to give
a proper attendance over the faid bars, and fome of the pilots having already provided good decked boats
fit for the purpofe, and owners and matters of veflels uniformly agreeing to give fuch advanced rates for
|)ilotage as may be deemed equal to the expences, rifk and trouble of the pilots, it is proper for tlie be-
nefit of commerce that due encourageTtient be given .•
I Provided a/uayr, That coafting veflels bound to any other port coming in at any one of the P<"-t ofihh xc-
faid inlets, and going out at the other, without entering and unloading, and veflels coming from any out """ '■epeakd.
port with the produce of this ftate for fale or deliveryj fhall not be compellable to receive pilots, or to ^"^ 2, 99. *
pay pilotage for refufing fo to do, either for the bars or theriver.
II. And be it further enaSled^Thzt after the time herein before mentioned,* the river pilots fliallbe en- For Cape- Fear
titled to demand and receive the following fees, to wit, for every veflel from Fort-Johnfton to Brunfwick river.
not drawing above fix feet water, twenty one (hillings ; for every veflel drawing above fix feet, and not • Dec. 31-,
exceeding feven feet, twenty two {hillings and fix-pence; every veflTel drawing above feven feet, and not 1790
exceeding eight feet, twenty-five (hillings ; every vefle! drawing above eight feet, and not exceeding nine
feet, One pound nine (hillings i every veflel drawing above nine feet, and not exceeding ten feet, one
pound thirteen (hillings and four pence ; every veflel drawing above ten feet, and not exceeding eleven
feet, one pound feventeen (hillings and fix pence •, every veflel drawing above eleven feet, and not ex-
ceeding twfelve feet, two pounds five (hillings and ten pence ; every veflTel drawing above twelve feet,
and not exceeding thirteen feet, two pounds fourteen (hillings and two pence ,• every velTel drawing a-
bove thirteen feet, and rtOt exceeding fourteen feet, three pounds two (hillings and fix pence ; every vef-
fel drawing above fourteen. feet, and not exceeding fifteen feet, three pounds ten (hillings and ten pence ;
every vefl"el drawing above fifteen feet, and not exceeding fixteen feet three pounds nineteen (hillings and
two pence : and the fame rates from the Flats to Wilmington, and from Five Fathom Hole to Brunfwick
and from Brunfwick to the Flats, each one half of the fame rates. The fame rates of pilotage (hall be
*))aid tor vefl"els going down the river as for veflels coming up. Ail wliich faid rates herein before men-
tioned have been recommended by the commiflTioners for the navigation of the faid river.
III. And for preventing difputes (relative to the river pilotage, when veflels may be lightened or deepen- Where vessels
ed in going down or coming up the river, Be it enaBedt That if any veflTel deepens or lightens between «'« lightened,
Wilmington and the Flats, between the Flats and Brunfwick, or between Brunfwick and Fort-Johnfton, **^'
the pilot (hall be paid for the gteateft draught of water, and (hall befides be entitled to demand at the rate
Df twelve (hillings and fix pence per day, for every day he may be delayed in loading or unloading fuch
VelTel, in which no fraction or part of day (hall be allowed or deducted.
IV. And be it enaSedt That the faid COmmiflioners (hall ordain and direct the pilots for the bar of the new PUot boat to be
inlet, under pain of removal from oflice, to provide in a certain convenient time at leaft one good decked provided, and
pilot boat, fufllicient to venture out and keep the fea in blowing and rough weather ; any pilot of either of '^"^ of P'l<»«»»
jthe bars of Cape-Fear river pofleflTed of fuch fufficient boat, neglecting or refufing going out to the afllft-
jance of veflels oflT the coaft or harbour when veflTels in general can go out with fafety, or who (hall refufe
|or neglect in more moderate weather to go out to fuch veflels in whale-boats or other undecked boats, upon
^ue proof being made thereof before the commiflTioners, (hall be removed from being a branch pilot.
I y. And that all pilots may be the better enabled to afcertain what veflels appear at a diftance, with Bar pilots t«
pifeit feveral bearings^ and to diftingui(h whether they have fignals up for pilots. It is hereby further enaS- P'ovide then^
tdy That feach bar pilot (hall, within fuch convenient time as the faid commifTioners (hall direct, furnilh %yJl\Z^^
himlelf with a good telefcope or fpy glafs. Under fuch penalty as the commiffioners (hall think proper ; and
fuch fpy glafs (hall always be taken in the boat when the pilot goes out to fea
VI. Whereas the fixth fe£lion of art aft entitled «« An a£l to explain an ad direding the duty of na- Section of a«
ral oflScers and mafteifs of vefliels coming into any of the ports or inlets of this ftate" pafled at Fayetteyille, *" reF^'ed.
In December, one thoufand feven hundred and eighty -eight, vefting an exorbitant power in judges of ad- Ante p 449,
miralty without appeals, and clalhing with tlie duties of the refpedive commiflTioners of navigation, is
BOW become obfolgte-or nugatory, unlefg the authority (bould be exergifed by the diflirii*t judge of the U-
CHAP. .9.
Manner of
swearing or
affirming or af
firming petit
juries.
It!
4.8$ irso. nlted States. 3e it tUr.for. »naSf^. That the m fl^H kMm ^ *e «^ 1^ ^^tm meRtiett«a, Vt and
the fame is hereby repealed. _ , ^ r/ •- *w, tf^*
^ fl^ to alter the mode of /wearing petit jurors tn the courts of law in *f/^^\
WHE^eS the prefent method praftifed in the courts of lay m this ftate of fweatmg the petit ju-
ry in every caafe, in fome mealure retards the bufinefs in faid courts and fuch frecjuent ufe of
oaths in a great meafure deftroys their folemnity • r-.ri.rr ^ u \ *.«;„ ,r,^rt,A i^ if,
I Be it therefore em^ed hy the General Jijfembly o the fate of North-Caroltna, and t( « icreh' enacted h /*,
autLZofthf a^^^^^^ from and after the firft day of June next, the clerks of the refpeaive coum,
oflawffhal at the beginning of their courts, fwear or caufe to affirmTuch of the petit jury as arepf thel
o ig'nal pannel. well and truly to try all civil caufes that Oiall come before them ^"«f "g^Vfim^h^ca h
eivtn thereon, and if there (hould not be enough of the original pannel, talifmen {hall take a fmilar oath
o affi matTon to try luch caufes as (hall come before them during the day. Provided «/p^. ^"y thing
hpreS contained, fliall not be fo conarued as to prevent the ufual cha enges in law to he whole of thj
• lury fo fworn, o any of the faid jurors, and if by reafon of fuch challenges any juror or jurors fliall b|l
Sdrawn, hW or thdr place on fuch jury fliall and may be fupplied by any of the original venire, or of:
Se by-ftanders by law, qualified to ferie 'on any jury within this ftate, and further, that nothing^ hereiR
contained {hall be con{lrued to alter the prefent method of fwearing petit jurors on ftate trials, but the fam.^
fliall continue in the ufusl form as heretofore praftifed,
CHAP. 10. yin act to carry into eject a refolutton ofcongrm, pajfed the t-wenty-ninth day of Septmhr, in the year one thoii^
sand seven hundred and etghty-nwe. r i tt • j c* *«
WHEREAS it is recommended by the refolve of the firft/eflfion of the congrefs of the United btat^j
to the legiflatures of the feveral ftates, to pafs laws making it exprefsly the duty of the keepers ol
their ialls to receive and fafe keep therein all prifoners committed under the authority of the Umted J>tat2
until they (hall be difcharged by the due cour'-e of the laws thereof, unde-r the like penaU.es as m die cate
of prifoners committed under the authority of fuch ftates refpeaively, the United States ptom^fii^g on thej
parts to pay for the ufe and keeping of fuch jails at the 'ate°f fifty cents per month fox each prvoner
fli.ll be committed under their authority, during the time fuch prifoner {hall be eonfined ff^^^^^'^f^
to fuppoit fuch of faid prifoners asfliall becommitted for offences : To, «arry the faid f^fo^^V^Z. fJ
l.Beitenaaed h, the General /JemhlyoftheflateofNorih-Carohna.a^ditisherebyepaBedbytbeautk^
rity of the fame. That when any prifoner or prifoners fball be dehvered to the keeper ^^^^^^ ^^^^l
ftate by theautl^ority of the United States, fuch keeper is hereby commanded to receive faid P^^^^ler a
prlfoneTS, ai,d commit him or them accordingly. And all and every keeper or keepers of any jail in th,
Lte, reCufwg or negleaing to take poffeffion of any prifoner or pnlonersdehvercd to him or Uiem by t^
authority afofefaid fhall be Lbjea to the fame pains and penalties, as for neglea or refufal to commit a«|
prifoner or prifoners delivered them under the authonty of this ftate. ^^-^a .« Ji
II. Provided always. The allowance for the maintenance of any prifoner or prifoners cojamitted ^
of the prifons of this' ftate under the authority of the United Stat-es, ihall be eqiuvaJeijt to the aUowan^^
made for prifoners committed under the authority of this iiate.. . ^
CHAP. II. Ana^ to reflrain all married perfons from marrying again, whiljl thir former toives or frrmer. hufh^ndi are
' ving. J • ill
'HERE AS many evil difpofed perfons, going frpm one part of °^^ /°""7^*°.,'i"'^^^^^^^^
^ ^ places where they are not known, do itarry, having anotller huftjand or wife m Imng. to the i|
terde'ftruaionof the peace and happinefs of fanuhes: '"' , . .. . c ^ a , ^A^ /,«/Afti
Bisamy. I. Be it enaBed hythe General AfemUy of the Hate of Norih-Carohna, and it V ^f J^f'^^^^ f> ^^ orl^
^v of the fame. That if any pcrfon now married cr who hereafter fliall be i-amed, doth take to h'm or M
ilfanofc hulband or IL. while his or her former wife or hiiftand is ftiH ahve, -.7. Wvf TH t^
be felony., and the perfon fo offending ft)all fuffcr de^th n. in c.fes of felony. ^^'■^7/^'^''/'^'^'^'' ^,^;* *J
t '^S^V-^-rto «ii:5"rXon or perfons whofe hulband or wife fliall continually remaiji beyond
^ j.^^ ^ . 0 o «tv^^ ^ ^ i^ ^ ^ ^^^^^ ^^ ^^^^^^ >,.hofehu{band or wife (hall abfent hi
" ■ ~ «-« . - ■v—.-J: ^i.i^-,Vgr. fuch perfon or perfons not known
It
\ Jailors to re-
ceive and keep
jirisoner of ti.e
V, States.
Maintenance
of prisoners.
II. Provided al/e, and it is hereby enaBedy Th^t this aft fhall not extend to any perfon or perfons, vrho 1790. i8§
are or (hall be at the time of fuch after-iitiarriage divorced according to the mode eftabliflied, or which v««nrO
hereafter ftiaU he eftabliftied by law, nor to any perfon or perfons whofe former marriage is by law declar- Not to extend,
•cd to be void and of no effect, nor to any perfon or perfons fpr or by reafon of any former marriage lud or vorcedlTuIv
^ade within the age.of confent. &c.
An aB to (filter the mode tifpun'ipitntnl for horfe-fieaVtng, Chap. 12.
¥THEREAS the prefent mode of punilhment fo,r hoife-ftealing is not attended with the falutary effe£is
' intended by the legiflature .:
Eett therefore tnacted by the General Afjetnhly of the Stat* of North-Car^Hna, and if is hereby enacted by I'l'nishmentfor
the authority of the fame^ That from and after the firft day of January next, if any perfon or perfons within '°'^**^ stealing.
.the limits of this ftate fhall feiouioufly ileal any horfe, .mare or gelding, upon due convj^lion thereof, fuch Ante p. 414.
felon or felons (hall fuffer death without benefit of clergy.
t II. Attdj^e it further lenaSied by the authority ai 'efaidy That all a£ts and claufes of zQts within the purview Repealing
.and meaning of this aft, be and the fame are liereby repealed and made void, except in the cafes hereaf- clause-
ter mentioned, viz. where any perfon or perfons {hall be cenvift:ed for any horfe, marp or gelding ftokn
between the firft day of February, one thoufand feven hundred ;^nd eighty-feven, and the fecon^J day of "^^^ '°"'
January, one thoufand feven hundred and ninety-one, fuch perfon or perfons (hall be puniftied ^eeable
to the aft, entitled " An aft to alter the mode of punifhing horfe-ftealing," paiTed at Fayetteville, in one
thoufand feven hundred and eighty-fix \ any la.w to the contrary iiptjvithftanding.
Afi aB direBing the manner in which the real foldier or honefl claimant^ among thsfe who had military account! cHAP. 1 S.
fettled at Warrenton^ in the year one thoufand feven hundred and eighty-ftx,fhaU obtain cert if cafes ^ and making
provilion for fuch claimants -whofe accounts are yet unfettled^ and direBing the manner in tuhich certain certi-
ficates therein mentioned (hall be received at the treafure/s and comptroller's office.
h "Wyi^ it enacted by the General Affembly of the j ate of North-Carolina and it is hereby enacted by the au- Agenis of Ms
fj thority of the fame ^ That the agent or agents on the part of this ftate for fettling the accounts of state to trans-
North -Carolina with the United States, be and they are hereby called on and required, to tranfmit to the J"'-' {^^ *^^**"'^
jtublic treafury of fhis ftate, on or before the firft day of May next, an accurate and xorreft lift of the
names of all ar\d every of the real military claimants whofe accounts were fettled by the commiffioners
appointed for that purpofe, at -Warrenton, in the year one thoufand feven hundred and eighty- fix, either
by themfelves or dirough others, together wili a true copy of the mufter-rolls of the continental line of
this ftate which rvere returned during the war, or at any time iince, and acompleat lift of return of all
the fettlements made by the feveral boards of commiflioners appointed to liquidate the claims of the con-
tiaental line of this ftate, for their fervices. during the war, including the whole .of that bufinefs done ei-
ther at Halifax or Warrenton ; which lifts and returns ftiall be made by the agents as aforefaid in alpha-
betical order, the faid agent or agents ftating the particular fums due to each claimant agreeably to the
public records and afts of congrefs on that fubjeft, and alfoinferting the fums due each individual under
the authority of the feveral afts of this ftate, and on the principles on which the accounts of the officers
and foldiers were fettled at Halifax, in the years one thoufand feven hundred and eighty-three, one thou-
fand feven liundred and eighty-four, and one thoufand feven hundred and eighty-five,
: II. And be it further ennBed hy the authority af&re/aid, That the public treafurer, on being fo furnifhed as Treastirer to is-
aforefaid, ftiall on application of any perfon holding certificates iffued by the board of commiffioners at ^«"ificates,
Warrenton, in the year one thoufand feven hundred and eighty, fix, take up fuch certificate or certificates,
and re-ifi'ue in lieu thereof to the holder or hold.ers, other certificates of the like tenor and for the fame
fums ; Provided, the agents do report fo much as being djue to the claimants on the principle laft menti-
oned fn the firft claufe of this aft, but (hoijld their report be otherwife, hs flial} then iftue an indented cer-
tificate as aforefaid for the amount of the fum reported, and for no more.
III. Provided neverthelefs,Thzt it is hereby to be underftood, and it is exprefslydeclared, that the trea- Proviso,
fnrer fhal! not^rant certificates to any perfon in lieu of others they may hold, unlefs the name of the' hol-
der in favour of whoni the original certificate was granted, fliall be contained in the lift fo to be furniftied
him by the agent or agents of this ftate as aforefaid, nor fhall he gyant certificates or due-bills to others
applying, uniefs the name of the perfon applying, or for whom application is made, fliall be contained in
Vol. I. ' 6 1
490 I T90.
8cw. to be
granted to sol-
diet^
Compensation
to treasurer.
Cert?.in certifi.
cates>o be con-
sidered false,
&c.
This aA to be
pui^ished.
Cert»n certifi-
cates received
for taxes.
CoBtinuance.
the MSt or mufter- rolls fenthim, nor even then, until lie is convincecl tfieperfon fo applying, of for whoirf
application is made, was in faft a foldier, and ferved as fuch in the continental line of this ftate.
IV. And whereas in many inftances it hath happened that reaT foldiers, or their reprefentatives, reiiding
at a diftarice from thofe pfaces m which the office of the conmniffionefs of army accounts Were kept, nc"
ver did apply for a fettlement of their juft claims : Be it therefon enacted by the author -^y afor^aidi That ali'
war foldiers, and others ferving lefs time, but more than twelve months, all twelve months and nine month?
men, or their repreientatives, being perfons of the above defcription, that is to (ay, fuch who never did
rither by thenvfelves or through others fettle their accounts, or making it appear by undoubted tefti'm'ony'
and to the fatisfa£lion of the public treafurer that they are really and juflly entitled to pay as aforefaiayj
ftiall receive from the treafurer a certificate and dne-bill for all fums due them {previous to the firlt day of
January, one thoufand feven hundred and eighty<-two, in the fame manner and on the like principles as
fuch were granted by the board of com'mifnonero at 'Halifax afcMrefaid ; provided the name of the foldier ap--
plying, or who is faid to have done the fervice, is atSlually contained in the muflier-rolls fo forwarded aS'.
aforefaid. ^nd provided dlfo^ Thai: is does not appear any '•* ctlement hath already been made in bis name^
and the due-bilk to be granted fhall be taken up and paid off by the treafurer.- ~
V. And be it farther enaSied by the authority aforefaid^ That the public treafurer fcnr his fervices herein -ftiall
receive » compenfation to be made him by the next general affembly, and likewife an allowance for fuch
fums as he may nece'fJkrily expend in employing iifljflants, paying the printer of certificates or olherwife.
VI. And'he it further enaBed by the authority afonfaid, Tliat all certificates iffued by the commiffioners of
army accounts at Warrenton, in the year one thoufand feven hundred and eighty-fix, and which (hall not
be prefented to the treafurer agreeably to the intent and meaning of this aft, on or before the rife of the '
nfesftfeffion of the general afTeniWy, fhall beconfidered falfe, andexprefsly barred from liquidation or ex-
change, and that this flate will not confider itself bound to pay fuch, nor liable for their redemption in any
manner whatever ^ any law to the contrary notwithftanding,
VII. And be it further enaSedy That this aft, and every part thereof, fhall be publifhed in the State Ga-
zette immediately on the rtfe of the prefeat aflembly, and. the publication of it fhall be continued for the'
fpace of three months.
VIII. jind be itjurther enacted. That all certificates re-ifTued by the treafurer to any perfon or perfons
refiding in the ceded weftern territory, fhall be received in the payment of taxes due from the inhabitants'
of the faid territory, and for no other debt whatever. ,
IX. And be it further enaiied by the authority a/ore/aidy That fo much of this aft as relaties to the liquida-
tmg the claims of the officers and foldiers, &c. fhaH continue and he in force until the rife of the next fef-
fion of the gener<d afTembly, and ^no longer.
CHiP< I4« An d9 to repeal em dSi proifiding means fiir the payment df the dome/He debt, for appropriating certain mon'ef
therein mentioned^ and to amend an aSi paffed the lafi feffion of tm General AJfembly, entitled «* An aft for
Ante p. 322, levying a tax for the fupport of government and for the redemption of old paper currency r continental
money, fpecie and other certificates," a»(/ aljo pari of another aSi entithd «* An aft for opening the land-
office for the redemption of fpeeie and other certificates, and difcharging the arrears due to the ar-ny.'*"
Aa repealed, I. »i) E-»/ enaSfed by the General AJfembly cf the Hate of North-Carolina, and it is hereby enaSed by the authority-
J3 of the fame. That from and after the pafTing of this aft the aforefaid aft entitled " An aft providing
means for the payment of the domeftic debt, for appropriating certain monies therein mentioned, and to-
amend an aft paffed the laft feffion of the general affembly, entitled an aft for levying a tax for the fup-
port of government, and for the redemption of old paper currency, continental money, fpecie and other
Certificates," be repealled and made void> except fo far as it relates to the colleftion and reduftion of the-
tax for the year one thoufand feven hundred and eighty-nine.
H. And be it further enaBed by the authority aforefaid. That fo ijiitch of the aft for opening the land-office,
for the redemption of fpecie and other certificates, as requires any perfon entering lands within this flate
to pay at the rate of ten pounds for every hundred acres, in faid certificates, is hereby repealed and made
void ; and that all perfons hereafter entering lands in any of the land-offices of this ftate, fhall pay at the
rate of thirty (hillings ftate currency, or gold and filver at the Sates eftablifhed by law» for every hundred
tfes- acres </f land by him vr her fo ^dtered.
£xceptIons.
Part of an ia
tepealed.
Rates of en-
tries of lands
in the land of-
;^ a^ tmpotueing the esun'y cou ts ej fleas and iquat't er'f^JJiotu fb iifiB 4he /ecrfiavyofjiatt to correS cert^ H^t). 491
patents or grants therein defcribedy 'jahen there have bien erforj by the {uruepr in mdhifig the returns^ or by <.^-v*««J
the fecretary in ijfuing the fame. j CHAP. 1 5.
WHEREAS frequent applications are made to the general aflembly to p»fs laws to correal the errors VoL 2, 123,
in patents or grants as aforefaid, and it bting neceffary fome rule fhould be eilabliftied for cor-
tedling the fame ; ^
I Be it therefore tnaBed by the GeneraiAfemb/yo/the/}ateofNorth'Coro!ina,andittshereh'VenaSedby/E.non\apit.
tke authority of thefame^ That whenever ihere has been or hereafter may be an error by the furveyor in '«'»*show to
platting or making out the certificate to the fecretary's oflice, or the fecretary ihall miftake in making out ^^ "^*^'*'**'*
the courfes agreeable to the faid retarns, or (hall mifname the claimant or otherwiie,fo as fuch claimant fhall
be injured tiiereby, the claimant fo injured 4hall prefer a petition to the couirty court Cj pleas and quarter-
feffions where fuch land is fituated, fetting forth the injury he, (he or they might fuftain in confequf nee of
fuch error or miftake, with all and lingular the matters and things relative thereto ; and the faid court \%
hereby authorifed to hear teftimony refpe£ting the truth of the allegations fet forth in the faid petition^
and if 4t fhall appear to them by faid teftimc«ry, or from the retwrns of the furveyor or error of the fecre-
tary, that the patentee of fuch lands isliable to be injured thereby^ fuoh court is hereby required to dire£t
their clerk to certify fuch fads as appear to their fatisfaftion to the fecretary of ftate who ihall file the fame-
in his office, and correal fuch error in the patent, likcwife on the records in his office ; for whicn fervice
he fliall re^ceiye four ftiillings f6r each and every patent fo altered as aforefaid, except where the error was
committed by the fecretary.^
II. And whereas there are rniftakes often made by the regifters of the difFer&nt coiinties within this Errors in re^s.
ftate, ifi regiftering grants or mefne conveyances : Be it enaEted by the authority afordaidi That any perfon "*^""*'
who difcovers there is an error in the regiftration of his, her or their grants or mefne conveyances, (hall
be at liberty to prefer a petition to the county court, in the fame manner as in this aft before dire£ted,
and on hearing the famej if it appears to the fatisfadion of the court that error has been made, they are
hereby direfted and required to Order the regifter of the county to corred fuch error fo made, and make
the records by him kept Conformable to the grant, mefne conveyance, bill of fafe, or other inftrument of
writing, in which it appears fuch mittake has been £b made : Provided^ That a majority of the adling juf.
tices of the faid courts (haUbe prefent on the hearing of fuch petitions, and that fudi petitioner (hall prove
to the court that he has notified every perfon having lands adjoining thofe mentioned in the petition thir-
ty days previous to preferring the fame, and that he has notified every perfon who claims title to the land
defcribed in his faid petition : And provided alfo,TYax. any perfon who may be diffatisfied with the judg-
ment of any county court on his, her or their petition, (hall be at liberty to appeal to the fupexior court of
the diftrift as in Other cafes, and no petition (hall be fet for hearing the firft term.
III. Provided almaysy That where any petfon petitions for the alteration of a deed, mefne conveyance
Or bill of fale, the fame notice (hall be given to the grantor of fuch deed or mefne conveyance.
IV" ^"'^^^ it further enoBedby the authority aforesaid ^ That the clerks of the county courts where fuch Clerks fees,
petition (hall be preferred ihall receive the fum of five ihilUngs for hisfervices on each petition, and no
more, to be paid by the party petitioning^
V. And be it further enaSed, That the county courts when they think neceflary (hall order the furveyor County court
and five freeholders who are not interefted, to examine and furvey any difputed lands, to afcertain the '"*>""■'*"
lines, and to make return thereof to the faid court on oath : Provided, That the expence of fuch exami- ye" e^'l''^ *""
nation and furvey ihall be paid by the party petitioning as aforefaid. ^*^* ' '"
Ah aBfor rttt/tng a revenue for the payttteM of the civil lift and contingent charges of government, for the year one CHAP. IS.
thoufand seven hundred and ninety-one, atidto repeal part of an aSl pajfed at Netubern, one thoufandjeven hun- First secum
dred and eighty-four, entitled, « an ad for raifing a public revenue for the fupport of government, and temporary.
^ to repeal an ad^ entitled, an ad to fupprefs exceffive gaming." ^"''^ P" ^^^«
"• \ ND be it further enaBed by the authority afoTefaidi That the tax upon carriage wheels of pleafure. Former tax on
jLJl *°d the tax upon ftud horfes, be repealed j and that in future the tax of two ihillings ihall be ca»Tiages and
J»aid upon each wheel of every carriage kept for pleafure, and upon every ftud horfe the one fourth of the peaied°and '^'
i»m for which he covers by the feafon. But fee Vol. 2, 151 . 172, 194, a«</ 215. new tax laid
III. And whereas it hath frequently happened that perfons have been permitted in this ftata to qualify Pe„. on county
attd ad as iheriffs, clerks, entry- takers and regifters, without giving bond as required by bw, for the clerks and j,u8-
493 1790. Jue collecting and accounting for the puHic taxes and other monies which fliould become payable fcy
t„»^>rsmf them, to the great injury of tne ftate and detriment of its revenue : Be it therefore further enaded. That ;
***^"'S'***'"6 hcnceforw;rd it fhall be the iiidifpenfable duty of the clerks of the county courts, and they and every of i
5 e on s. (jj, jKj grg hereby ftriftly required, to make a record of and enter at large on their dockets, the names of i
th( fe juftices of the peace who fhall be in court or on the bench at the time of the qualification of their j
flierifff, clerks, entry-takers and regifters : and tf the faid clerk (hall fail or negleft to make fuch entry '
and record as aforefaid, and being thereof convi£led iji any fuperior court of the diilrift in which the
county (hall be fituated, he (hall forfeit his ofHce, as a punifliment for fuch failure and negledi as afor^-'l
faid ; which juftices of the peaca, in cafe of their failure to take the bonds by law required, fhall be con- '
fidered as being and th^y are hereby declared to be, bound and liable, to all intents and purpofes, as the \
fecurities of fuch Q'^nff, clerk, entry-taker or regifter, from whom they may have failed to take bonds,
in as full and ample manner as though fuch bonds were taken, and they had aftuallybeen named therein, '
and had fubfcribed the fame as his or their fecurities, and they and each of them fliall be proceeded againil ]
accordingly by the treafurer and others concOTied i in all which inftanc^s or fuits, a copy of the record j
of the court, attefted by the clerk, is hereby declared to be legaj and fufhcient evidence, Ihall be adroit.7.
ted as (uch, and judgment (hall be had thereon accordingly. . • ' ; ' " ,
jln aB t9 continue in force on act^ paffid at payettevillet in the year om (houfand feyen hundred and nghtyrtight^ \
entitled^ " an ad for the relief of perfons who have fuffered or may fujFer by their grants, deeds, mefne 1
conveyances, and other inftruments of writing not being proved or regiftered witlun the time hereto-
fore appointed by law." ■ , .
WHEREAS the before recited a£l will expire at the end of this feflipn tnuch .to {he injury pf |iutn-v
bers of good citizens of this ftate; For remedy whereof, ' ,
I. Be it enacted by the General Affembly ofthejlate of North-Carolina^ and it is hereby enacted by the ataho^j
rityofihe/ame. That the before recited adi and every part thereof, (hall continue and be in full force fofj
the term of two years longer, and from thence yntil the end of the next feffion pf the general affemhly. |
CHAP. 17.
Ko.'. 2. 95, 126.
Ante p. 431.
Former a.&
conunued.
Ante p. S,'2,
413.
Part of an afl
lepe^d.
CHAP. 18. An act to repeal part of the fecond and Jif.h fictions of an act of General AJfemblyt faffed a^ Meivbern, in tie year
one thou/and /even hundred and eighty-four, entitled, « an aft for raifing a revenue for the lupport of go-
vernment, and to repeal an a£t, entitled, an aft to fupprefs exceflive gaming :" and alfo one other ac{
pajfedat Fayetteville, in November, in the year one thouj and seven hundred and eighty-^Xf entitiedf **an aft,-:
to impofe 'a duty on all (laves brought into this ftate by land or water." i
I. ¥3 E »y enacted by the General Ajfemblyofthejiate of North-Carolina, and it it hereby enacted by the authom\
%% rity oj the fame. That fo much of the before recited aft iihpoCng a duty pn goods imported by
merchants into this ftate by land, for the purpofe of tirade and commerce, and the tax of ten fliiUings 9a
marriage licence, and the tax of five (hillings on every deed recorded, and the tax of five (hillings on everjf
grant when regiftered, be arid the fame is hereby repealed and made void. . Provided nevertheleft. That
the feveral clerks and regifters within this ftate (haU account for the money by tijem f^eiyed in confe»|
quence of the before mentioned tax. ' ■
II. A fid be it further enaSied by the authority aforefaid, That fo much of the before recited aft impo(ing a
duty on (laves brought intp this ftatjf by land or water, be an J the fam^e is hereby rep^jaled.
CHAP. 19. An act for altering the time of the annual meeting of the Qeneral Affembly ofthisflate. ft£.PlALEp,vol,2. 55,7$^
An act to authorife the conQg^bles to serve ugrrants and other procefs af therein directed, on rivers, bays or creekti
■ Ivtthih theflaie. \
WHEREAS it is enafted by the fifth feftion of ap aft pafTed at Newbem, in the year of our lord o.n(
thoufand feven hundred and feventy-feven, entitledi M an aft for appointing fheriffs, and direfti i
irrg their duty in office," .*^c. That eVery (heriff, by himfelf or his lawful officers or deputies, Ihall froaj j
time to time execute all writs and other procefs to lum legally ifTued and direfted within his county, oil
;»pon any bay, river or creek adjoining thereto, and make due return thereof .• but no direftion is giveW
herein as to conftables : ' ' . ' '. • j]
I. Be it therefore enaded by the General AJfmbly of the fate fNtrth-Carolina, and it is hereby tnaPed by thi^
authority of the J^me, Tljat from and after iTie pilTirg ot this aft, it fliall and muy 'oe lawful for any coi^'
CHAP. 20.
/Vntep. 236,
Constables
pisyseive war
^'^"■^'•'^w^sj^ViiK^ ;;' ■■^"'■^ ■'!•?' -"ifm^w^' .■ >mft- ' y
ftable or Gonftables in this ftate to ferve in like manner upon any bay, river or creek adjoining their coun- 1790. 493
ties, and to return to the magiftr^te or niagiftrates of their refpeftive counties, all procefs ufually executed
by fuch officer or officers. raits.sic on
' ' ' on bays, &c.
yi« aet to amend an act, entitled, '* an a£l: diredling the mode of raiGng a fund in the feveral ports of entry chap. 22.
in. this ftate for the fupport of (ick feamen,and the manner of appropriating the hme," paJeJ at Fayette- Vol. 2. 2S.
vilUfene thousand seven hundred and eighty-nine. Ante p 481,
WHEREAS the. adoption of the conftitution of the United States by thi8,ftate has prevented the faid and note.
j^a£l: from being carried into effeft ; For remedy whereof,
I. Be it ena8ed by the General Jijfemhly qfthejiate of North-Carolina, and it is hereby enaBed by the au- Commission-
thority of the tan^e^ That the commiffioners of tlie different towns and ports of entry in this ftate, and the "«■ &c to levy
^wardens of the poor of the parifh where fuch ports of entry may be, where there are no commiffioners, ^ '**"
fliall have full power and authority to levy, affefs and colleft, in mode and manner as is directed in the
iaid aft, the following funds, to wit : The fum of five ftiillings from all captains of veflelson their arrival
from foreign voyages, the fum of two (hillings and fix pence from his mates, and the fum of one (hilling
and fix pence from eacli of the crew, cabin-boys and apprentices excepted ; the fum of two {hillings and
fix pence from the captains of ail other veflels, on their arrival in any of the faid ports, the fum of« one
.ftiilling and fix pence from the mates, and the fum of one (hilling from eadi and every of the crew, cabin-
boys and apprentices excepted ; to be appropriated by the commiffioners .of the faid towns and wardens
<^f the poor as above mentioned, for the ufe and fupport of the fick feamen alone as is direded in the faid
.^Q.. ' ' "" " "' "" ■'■'■-■ -*
■4ff aSi fir altering the time fir holding the £ounty courts oj pleas and quarter-feffions fir the counties of Franklin chap. 23.
and Iredell. '
HEREAS the time at prefent for holding the county courts of pleas and quarter-feflions for the
counties of Franklin and Iredell has been found inconvenient ••
I. Be it therefore enacted by the General Afftmbly ofthejiate of North-Carolina, and it is hereby enaSted by the' CQmxs, in
authority of the fame. That the courts for the county of Franklin, after the Qext feffions for faid county, Franklin and
.{liall be held on the fecond Mondays in March, June, September and December in each year ; and the Iredell when
courts few the county of Iredell, after the next feffions of the faid county from the time of the paffing this
a€t, (hall be held on the third Mondays in May, Auguft, November and February in each and every
year, and the firft court after the December feffions, one thoufand feven hundred and ninety, (hail be on
the third Monday in May next as aforefaid. To which time all matters and things in the faid courts de-
pending, (hall ftand adjourned and continued from the court which will be next in courfe after the paffiyg
,of this adly and Ihall be y^lid in law, anything in any to fhe contrary notwithftanding.
An aSt to amend an aSf, entitled,- « An a£l to empower the county courts of pleas and quarter-feiTions of cyxp "^4..
the feverai counties in this ftate to order tlie laying out public roads, and to eftablifti and fettle ferries, Ante p. ssa.
and to appoint where bridges ftall be built, and to clear inland navigation." Fol. 2, 95,126,
1. TJ E it ena&ed by the General Affmhly ofthe/hte of North-Carolina, and it is hereby enabled by the autho- Majority of
J[3 '''^v of the fame. That from and after tlve paffing of this aft, it (hall not be lawful for any of the justices neces-
county' courts in this ftate to lay a tax for the repairing public buildings, building of bridges, or any other **'^ *°J'^
county tax, or make any allowances for extra fer-vices to their clerk or (herifF, or allow any other claim a- '
gainft the county, unlefs a majority of the afting juftitfes belonging to fuch county (liall be prefent.
II. And be it further enacted by the autharity afire/aid, That it (hall and may be lawful, after the paffing of May onder the
this aft, and the' county courts are hereby autlwrifed and empowered, to order the inhabitants of their clearing omin-
refpeftive counties to clear out inland rivers and creeks for the paflTage of boats, where a majority of the '*"d nvers, &c.
juftices of faid courts (hall think it neceilary, and to appoint hands and overfeers to carry their orders into
e(Feft.
III. And be it further enacted lyihe authority aforefaid. That it (hall and may be lawful, and the faid coun- And appoint
ty courts are hereby authorifed and empowered, to appoint fuch public landings in their refpeftive coun- public landings^
ties, as they may think neceffiiry.
Vol. I. 6 ^
494- 1T90 '•'« a5i to repeal all aff/f claufes and paris of aSis oj the Gineral Ajjembty vftUsJiaUt as relate to claffmg iff-
^^^^.^-^^ hacco.
CHAP. 25. TTS THERE.AS claffing of tobaccd is found by experience to be injurious :
Vol. 2, fi5. ^'V ^' •^'''- iker/fore enaSled by the General Affembly of the jiate of North'Carol'ma, and it it hereby enacled
lUpealiug ty the atithortty of the fame. That all ads. claufes or partd of ids, fo fat as the fame relate to claffing of
' "'**• tobacco, be and the fame are hereby repealed. . .
\vt,en to take II. ^nd be it further enaSiedy That this zQc fhall not have effed or be in fotee utltil'the firft day of Juljr
eika; next, any law to the contrary notwithftanding.
III. Repealed^ f'ol. 2, 66.
CHAP. 26. -^w aBfor cutting a navigable canal from the waters- of PafqUttank river in thisflatti 16 the vtoters of Elizabeth
Vol, 2, 32, 142 river in the Jiata of Virginia,
WHEREAS the cutting of a navigable canal from the vVaters of Pafquotank river in this ftate, to tK*
waters of Elizabeth river in the ftate of Virginia, will be of great public utility, and many per-
fons arc willing to fubfcribe large fums of money to effed fuch a beneficial work, and it is juft and pro.*
per that they, their heirs and afligns, ftiould be empowered ,to receive reafonable tolls for ever in fatisfac-
tion for the money advanced by them in carrying the work into execution and the rilque they run .• Therdi^
fore,
BooVs to be 0- I- Be it enaBed by the General Affembly of the flute of North-Carolina, That it (hall and maiy be kwful W
{cned for tak. open books in the coufitie^ of Rockingham and Granville, and the towns of Halifax, Murfreefboroughy
jr^j^"^"'P" Edenton, Windfor and Nixonton, under the management of James Gallaway in Rockinghair), Robert?
Burton in Granville, Al'en Jones in the town of Halifax, Hardy Murfree in the town of Murfreefborough^
John Hamilton in the town of Edenton, Zedekiah Stone in the to'Wrn of Windfor, and Thomas Harvejif
in the town of Nixonton ; and under the management of fuch perfons, and at fuch places in' Virginia^
ais (hall be appointed by that ftate, for receiving and entering fqbfcriptions to the amount of eighty thoiM
fand dollars for the faid undertaking : which fubfcriptions (hall be made perfonally Or by power of at-
torney, and fliall be in Spanifti milled dollars, but may be paid in other (ilver or in gold coin of the fanw
Whin, and value. That the faid books ftiall be opened for receiving fubfcriptions on the firft day of May next, and
how long to be continue open until the firft day of September next inclufive .• and on the nineteenth day of the faid
opened. month of September there ftiall be a general meeting of the fubfcribers, at Halifax in the ftate of North-
Carolina, of which meeting notice (hall be given by the faid managers, or any three of them, in the ga-
Meeting of zettes of both the aforefaid ftates at leaft one month next before the faid meeting. And fuch meeting
suoscribers and {hall and may be continued from day to day until thebufinefs is finiftied. And the ading managers Diall
proceedings gj jj^g jj^^g and place aforefaid, lay -before fuch of the fubfcribers as fhall meet according to thtf faid no-
i «reon. ^.^^^ ^^^ books by them refpedively kept containing the ftate of the faid fubfcription, and if one half of the
capital fum aforefaid ftiould on examination appear not to have been fubfcribed, then the faid managers
are empowered to take and receive fubfcriptions to make up the deficiency. And a juft and true lift of
all the fubfcribers, with the fums fubfcribed by each, ftiall be made out and returned by the faid managers
or any four or more of them, under their hands, into the fuperior court of the diftrid of Edenton, and
into fuch court as the ftate of Virginia ftiall dired, to be there recorded. And in «afe more than eighty
thoufand dollars ftiall be fubfcribed, then the fame fliall be reduced to that fum by the faid managers or
a majority of them, by beginning at and ftriking off from the largeft fubfcription or fubfcriptions, and con-
tinning to ftrike off a (hare from all fubfcriptions under the largeft and above one fliare, until the fum is
reduced to the capital aforefaid of eighty thoufand dollars, or until a fliare is taken from all fubfcriptions
above one (hare, and lots (hall be drawn between fubfcribers of equal fums to determine the number in
which fuch fubfcribers (hall ftand on a lift to be made for ftriking off as aforefaid, and if the fum fubfcribe
ed ftill exceeds the capital aforefaid, then they (hall ftrike off by the fame rule until the fum fubfcribed is
reduced to the capital aforefaid, or all the fubfcribers are reduced to one (hare, and if there ftill be an ex-
cefs, then lots (hall be drawn to determine the fubfcribers who are to be excluded to reduce the fubfcrip-
tions to the capital aforefaid, which ftriking off fliall be certified in the lift aforefaid. And the faid ca-
pital fum fliall be reckoned and divided into three hundred and twenty (hares of two hundred and fifty
dollars each, of which every perfon fubfcribing may take and fubfcribe for one or more whole (hares, and
not otherwife. Provided, That unlefs one half of the faid capital (hall be fubfcribed, all fubfcriptions
^ade in confequence of this ad flwU be void ; and in cafe one half and lefs than the whole of the faid
^apitalfhall be fubfcribed as aforefaid, then th.e prefident anH direftors are hereby en:powered and dlrec- 1790. 495
ted to take and receive the fubfcriptions which fliall be firft oirered, in whole (hares as aforefaid, until the \,^'>r*m>
deficiency fhall be made up, a certificate of which additional fubfcriptions fhall bfe made under the hands
of the prefident and dire£lors, or a majority of them, for the time being, and returned to and recorded
i n the courts aforefaid. 5.
II. And be U ena^ed, That in cafe one half of the fald capital or a greater fum (hall be fubfcribed as a- To be incor.
forefaid, the faid fubfcribers and their heirs and afiigns, from the time of the faid firft meeting, fhall be P°'^*'«^<'«
and are hereby declared to be incorporated into a company by the name of the Difmul- Swamp Canal Com-
pany, and may fue and be fued as fuch, and fuch of the faid fubfcribers as (liali be prefent at the faid
meeting, or a majority of them, are hereby empowered and required to eleft a prefident and four direc-
tors for condu£ling the faid undertaking and managing all the faid company's bufinefs and concerns, for
and during fuch time, not exceeding three years, as the faid fubfcribers or a majority of them (hall think
fit ; and in counting the votes of all general meetings of the faid company, each member (iiall be allow-
ed one vote for every (hare as far as ten (hares, and one vote for every five (hares above ten, by him or
her held at the time in the faid company ; and any proprietor by writing under hfs or her hand, executed
before two witne(res, may depute any other member or proprietor to vote and a£l as proxy for him or her
at any general meeting.
III. And be it enaSied, That the faid prefident and directors fo ele£led, and their fucce(rors, or a ma- Powers prant-
jority of them a(fembled, (hall have power and authority to agree with any perfon or perfons, on behalf ed to president,
of the faid company, to cut the faid canal, and to ere£t fuch locks and perform fuch other works as they
ihall judge neceiTary for the navigation of the faid cana! and carrying on the fame, from place to place,
and from time to time, and upon fuch terms and in fuch manner as they (hall think fit ; and out of the
money arifing from the fubfcriptions and tolls, and other aids hereafter in this a£l given, to pay for the
fame and to repair and keep in order the faid canals, locks and other works necelTary thereto and to de-
fray all incidental charges ; and alfo to appoint a treafurer, clerk, and fuch other officers, toll-gatherers,
managers and fervants as they (hall judge requifite, and to agree for and fettle their refpecStive wages or
allowances, and fettle, pafs and fign their accounts ; and aifo to make and eftabli(h rules of proceeding,
and tranfa£t all the other bufinefs and concerns of the faid company in and during the intervals between
the general meetings of the fame : and they (hall be allowed as a fatisfaftion for their trouble therein fuch
fuHiof money as (hall by a general meeting of the fubfcribers be determined. Provided alnvaysy That the
treafurer (hall give bond in fuch penalty and with fuch fecurity as the faid prefident and directors, or a ma-
jori y of them, (hall direct, for the true and faithful difcharge of the truft repofed in him : and that the
allowance to be made to him for his fervices (hall not exceed three pounds in the hundred for the di(burfe-
tnents by him made : and that no o(ficer in the faid company (hall have a vote in the fettleraent or paffing
his own account.
, TV. And be it enoBedy That the faid prefident and directors and their fucce(rors, or a majority of them ; ^ub?cr;ptioti
(hall have full power and authority from time to time, as money (hall be wanting, to make and fign or- mon^y how to
ders for that purpofe, and direiSl at what time and in what proportion the proprietors (hall advance and pay P '
off the fume fubfcribed, which orders (hall be advertifed at leaft one month in the Virginia and North-
Carolina Gazettes ; and they are hereby authonfed and empowered to demand and receive of the feveral
proprietors, from time to time, the fums of money fo ordered to be advanced for the carrying on and ex-
ecuting, or repairing and keeping in order the faid works, until the fums fubfcribed (hall be fully paid,
Und to order the faid fums to be depofited in the hands of the treafurer, to be by him difburfed and laid out
as the faid prefident and direftors or a majority of them, (hall order and diredl ; and if any of the faid
proprietors (hall refufe or negleft to pay their faid proportions within one month after the fame is fo order-
ed and advertifed as aforefaid, the faid prefident and direftors, or a majority of them, may fell at auQion,
and convey to the putchafer the (hare or (hares of fuch proprietor fo tefufing or neglecting payment, giv-
ing at leaft one month's notice of the fale in the Virginia and North-Carolina gazettes, and after retaining
the fum due and charges of fale out of the money produced thereby, they (hall refund and pay the overplus,
if any, to the former owners *, and if fuch fale (hall not produce the full fum ordered and dire£l:ed to be
advanced as afbrefaid, with the incidental charges, the faid prefident and diredlors, or a majority of them
1 may in riie name of the company, fue and recover the balance by motion on ten days previous notice \
\ and the faid purchafer or purchafers (hall be fubje£): to the fame rules and regulations as if the faid fale
and conveyance had been made by the original proprietor.
i9a noQ.
Siiccc;.MO)^ ni'
pies'idciit, he.
tj tJikeanoatli,
General meet-
ing, and pro-
ceeding.
Canals, &.C.
vested in the
proprietors.
Jlat,£s of toll.
V. And to cont'nue the fucceCioti of the faid prefident and dire<?lors, and to Veep up the fame tiumbw r
Jif it enaaed, That from time to time, on the expiration of the term for which the faid prefident and di- ,
rcaors were appointed, the proprietors of the faid company at the next general meeting, ihall either conti- \
iiuc the faid prefident and diredors, or any of them, or (hall choofe others in their {lead •, and in cafe of ^
the death; remov?J, refignation or incapacity of the prefident or any of the direaors, may and fhall, in :j
manner aforefaid, eka any ether perfon or perfons to be prefident and direaors in the room of him or i
tliem fo dying, removing, refigning or becoming incapable of aaing, and may at any of their general ^
meetings remove the prefident or any of the direaors, and appoint others for ?nd during the remainder of :i
the term for which fuch perfon or perfons were at firll to have afted. j
VI. And be it enaaed, That every prefident and dire dor, before hp ads ?s fuch; fhajl ta^e m path or afe: •
firmation for the due execution of his office. , „ i ix n. ti i
VII. And be it enatfed, That the prefence of proprietors having one hundred and eighty fnares at leaft, Ihall i
be neceffary to conftitute a general meeting ; and that there be a general meeting of proprietors on the '
firft Monday in September in every year, at fuch convenient towns as fhali from time time be appointed ,
by the faid general meeting, but if a fufficient number Ihould not Ittend on that day, the proprietors who 1
do attend may adjourn fuch meeting, from day to day, till a general meeting of proprietors (hall be had, :
which may be continued from day to day until the bufinefs of the company is finifhed ; to which meeting
the prefident and diredors fhall make repoft, and render diftind and juft apcouots of all their proceediiigs '
and on finding them fairly and juf^Iy ftated, the proprietors then pref^nt, or a majority of them fliall giv^ j
a certificate thereof, a duplicate of which fhallbe entered on the faid company'.s book ; and at fuch yearly \
general meetings, after leaving in the hands of the treafurer fuch Turn as the proprietors, or a majority of ,
them, fhall judge neceffary for repairs and contingent charges, an equal dividend of all the net profits ari.. ;
fing from the tolls hereby granted, fhall be ordered and made to the proprietors of the faid company ia \
proportion to their feveral fhares ; and on any emergency in the interval between the faid yearly meetings, |
the prefident, or a majority of the direaors, may appoint a general meeting of the proprietors of the cona- :
pany, at any conve»ient town, giving at leaft one month's previous notice mtheyirginia and North-.Ca- i
rolina gazettes, which meeting may be adjourned and continued as aforefaid. '
VIII. And be it further enaBedy That for and in confideration of the expences the faid proprietors will be i
at, not only in cutting the faid canal, ereaing locks, making caufeways, and performing other works ne- :
cefTary for this navigation, but in maintaining and keeping the fame in repair, the faid eanals, locks, caufe- ]
ways, and other works, with all their profits, Ihall be and the fame are hereby vefte.d in the faid proprietors, -A
their heirs and afligni forever, as tenants incomftioh, in proportion to their refpe.aivefhareiJ •, and.tlie fame
fhall be deemed real eftate and be forever exempt from the payment of any tax, impofition or afieflmenl;
whatever -, and it fhall and may be lawful for the faid prefident and direaor, at all times forever hereaf-
ter to demand and receive at fome convenient place near one of the extremities of the canal, for all com.
modities tranfported through it, or over the caufeways, tolls according .£6 t^e foUpymj^ table^nd rati^,
which fhall he m Spanifh milled dollars, to wit, - '' - - . ,
■" * . ;• 5,, ^ :■ . • • iD„w„ -z-^. ,/„.'//,» Parts of a douar.i
Every tpn of pig i*c>i cr castings, - - - 12 72 '_
Every ton of cojjper, lead or other pre, otlier than iron
farts tf a dollar.
pvcvy pipe or hogshead of wine ccntaluirg more than
' 65 gallons, " ', .
Every hogshead of rum or other spirits,
Every hogshead of tobacco, • :
Every hogshead of molasses.
Every butt orhogsheud of malt liquor, - -
Every cask between 65 and :i5 gallot>5;, one half of a
pipe or hogshead, every barrel one fourth part ; and
every smaller cask or keg in proponion atcerding t'J
the cjuantity and quality of their contents.
Every do7.cn of bottled wine,
Fverv^ozenof botlUd nidtl'qii'-'r, , • - ■■
ILvery bushel of w;bcat. jx-as, be.-ins, vice or {to-seed,
Every bushel of Indian com or oilier -vain, or sa>t.
Every hand of povk. - • '
Every barrel c-f beef,
Every barrel of fitb or fl.nir.
Every bsrrei of tar. pilcb, turpentine f;r jrosin,
^.yery cask of linoeed oil, or spirits of turpentine,, the
same as niolasses.
]£vtry ton of hemp, flax, pot ash or bar-iron,
32-r3d.
24 72
24 72
18-72
18-72
5 sesth
4 288
3-2BH
2-2aS
6 rsd.
4 72
36-72
Every ton of stoop, or ijron ore, other than tl.e ballast oi
the vessel, <■ • - -
Every hundred bushels of lime or shieUs, - »
Every chaldron of coals, - • •
Kvery tl'.ousard bricks or tiles, • • •
E-very hundred of pipe-staves,
Every hundred cf hogshead staves, or pipe (jr hogs.
head he?dir.' , • - - ■
Every hundri'c barrel staves or barrel heading, *
Every thousan;' shirgles from 18 to 24 inches,
Every 'th'■ll:^ar>d of tiiree ftet shingles,
fi'.very tbour?Tid clapboards or pails, ,
Every cord of fire- wood, ' " - - «
tvcry bundled cubic feet of plank or scantling
Every bundled cubic feet of all other timber,
Every hundred pounds' of brown or clayed sugar,
All other produce, goods, wares or n'.ercharidizf, one
foiirrh per cent!
30.J'2
'"■^ , Park'i/'a ddliar :i _ P..vl:i ef a d lUy. 1790> '^97
1E^W/ t'rjiitjr vesFftI exceeding one ton biirtVen,. which | frpc) Viofse. <o«__in ('rau^ht ar.-l \vli;«' p-.ssi'i? >he
■■ liaj fiot coirt >odicic5 on bt{aid to yi.ld so much^px- caiise-\v3y5(e.:it'e:)tthe.!93ds,the) c:!«ry>i(^;(Js''n)iich,
cejjr an err ptv boat or vessel returnir.g, whose load -| .pr gycept. waggons orcartsreturaing vvhcse loa;nias
^fj aJre^dx pa4 the toll, iti which case J6 tor- ^)ass J. p;ii 1 iljc tol! ) - ■ r- - • 6-72
- tfiecf toll.) '•• ; - , - - 9i'f2 :) Every head'of Wack tattle, v , - 3 7?
3fv^y cancer Vpat 6r^ vessel under ohp ton "burthen, >j .livery hog, ..... 1-72
fie "cf toll.) '•• \ - , - - 072 J Every head'of Wack tattle, v , - 3 7?
»ry cancer Vpat or"* vessel under ohp ton "burthen, >j .livery hog, ..... 1-72
wh cK tiB^s .not, comjT>o4ities pfi l>5»i'd tp y'KJd.sp « ' ^fiEvejy sheep, , r • - - - 2 238th
k . ."WcU C^>''<<e;"^^as in the,V«crdicg,ajrticies e\c^pte(J,p ^16 7S '.j Every huhdrtd pounds of indigo, - • 12-72d
P.v-'rv rrian (except ffiot travelier^, who shail I aiss "tofl - 1
!A!ll \irb'dtice,'goods, warts br merchandize ')?k'fllrig the c.aiifeways, fhall be fiibjeS to die fanfte toll as goods Manner t f ub- ij
paffing through thecahal': brft which tdUs, thoifgh chargeable in SpahiHi milled dollars, may be paid in taningpay- ;
offier filver,'br in gold'c6in.bf the IkteeVkll^^^^ And in caie of refufal to pay the tolls at thetime of ^ffer- "^*^"**
'ihg tty'j^afs tJie '6"la^e aforefaid, knd preVidus to ji'affihg the fame, the cotle'ftor of the /aid tolls may lawful- ^
ly Vieffiffe paflagfe t0 whatever rfefufes paynient, ^nd ifany #'flel, waggon or cart fhall pafs without pay-
ing the toll, then t'he faid'colfedior may fftize fudh reflelj waggon or cart wherever found, and fell the fame ■
It'aSufiiUft for ready money ; which fo fax as is'nece'flary fhalT be applied towards paying the faid toll, and j
'jiH Sx^^iices of feizure ahfi fate', irid rfie balance if If hy {hall be paid to the owner ; and the perfon having i
Ae dire^io^ 'of filch ve'lfel, Va^ggdn c^rckrt, ihall be liable for fuch toll, if the fame is not paid by the fale I
'tforefaid. - Provided, That the faid ;|)rt)prifetors, ijr a majority of .thein, holdiug at leaft one hundred and ^^ji ^^y ^,
eighty (hares, ihall have full power and aiitlioritjr, at any general Bpeetihg, to leflen the faid tolls or any of lesicned. ■
<3iemi or to determine that any ai'ticle may 'p^Ts free of tori. '
•' IX. Jihdbe it eaaiiediT^^iP^tizxAcditi'sXsXiA Canal &.c. to >.
•catrffeways, i)vHeh cprnplieated, '/hall forever, the/eafter be efteemed arid talien a's public highways, free for ||<^"^'^^<^P'''' '\
"the tranfpo'rtation of all g^b^d'^, Ware's, com'rtiodf ties or pr^^ travelling, on payment ^^ ^ ^'^ ' *
"oif'thb toils inipofed by this a£t ; 'Jitid rio'dtli^r tdll or tax whateyer,'f6r tlie ufe of the water of the faid ca- i
Jial khd the works thereof eVecl^d, or the c'aufe'wsiys, fliaUat any tirtie hereafter be ihipofed by both or "'
•'eliher of thfefaiid flateis, fubjV(^ nevertb0le'fs to fiich roguTitions 'as the JeglilJ[ture5of the faid ftates may ;
cdntKir'ih. to prevent the iniportatiot of prohibited gobas, br t6iprevent fraud in evading the payment of ;
'diit?^siJifijic/fed in both or either bf ihie faid flate's^^^ ^
X.. And whereas it is neceflary fbt'thfe maliirtg of the faid canal, locks arid (faufeways, and other works, Manner of ofe- ,.
■fhkt "Si'pfivifidn .fhould' be mHfc 'fo'r'coridem'iiiifg % quSrifity "of Taiul for "the .purpdfe ..• Beit eridBed^ That i t Gaining lands. ^
-fliillarid may be lawful for the faid prefideftt and dire£tqt^,'6r aVnajotity of them to'agre^ With ^he dwri-
;ers of any'lknd throtigh yWdh^the faid canal is intended to 'pafs, for the (^urchafe thereof ; "and in cafe of \
difagreeme'nt, dr. in cafe ^he oyner th^eof ^fliall be a 'fferiie covert, under age, iibn compo^, or oiit of the \
VM^y on EfftpiiCaliDn to any fivo jiiftices of the County in which Tuch land fhall lie, the faid jiiflices fKall if- i
flie theit: warrants, undier f H^ir hands', to the fh'^riff of their county, to fiimmon a jury of eighteen inhabi-
"'<^nts of hi'stotlht'y i>f property and reputation, tiot relared to tlie 'j^arties, hor ih any fnianrier irtterefled, to \
'tire widiK dftiiree hundred feet) and all darnagfe-s'theownfersVhefeof fhall fiiftain by cutting the faid carjal
;fKroiigh fiidh land, aticdr ding to 'th£;:tieft o^ jtid^m'ent, and that ihllidh yaMtidn he Viil
:>i6tf|)^r'e any ne'r^n_ through favdWr "or ii'ffe^ion.'nbrj any ^'erfdn igt'ieVe throiigh 'malice, hatred or ill-will :
I'^ttdiheinViuifiti'dii tfV^redii taken fhall be fi-g^ned by the fiieriff anS fbm'e twelVe or more cif the jury, '^hd
■tVettf/h'fd by tive 'fft"eriff'td t'he 'clerk of his cfdu'fity, to tie'by Mm 'recQfded '; knd on eS-ery fuch valuation the
' 'JUiy 5s 'hereby dirdfle^ to defcribe and aft^fertain the boiintfs of the landby th^m valuecl, and their'valuaii-
'^"ri fhall bVcOiiclufive on all perfon^S, and 'fhali be paid "by the faid pffefident and dJre£l:0r5 to the dWft^r'of
■ the tahd;, or bislegarreprfefenfat^vds ^ 'a'rid on payment thereof the f^id company (ha'll be feized in fee Qf
fueh lands, as if conveyed by the owner to them and their fucdeflbrs by legal c'dnveyairice. 'Provided tie- '
"ififthHeli^ That if any farther Sam^ge %all arife to .any proprietor of land in confequerice of opening fuch
€ain4t,'6r in erecting fuCh Works, than had been befdre 'cdrffideted and valued, it (hall "add mky be lawful
;-far fuch pr9prietor, asoft^n as any fuch jiew damage (hall happen,'by applicatidn to and a waVrant frdm
any two jnfticesof tht bounty •ivheVe the land lies, to hive further damages valued by a jtiry in like msinr
nei\and to recisiVte 'andfet6i'er the faiif^e'ttfthe fakibrefideiit-and^ieaors : bvft nothing, herein (hall be
Vol. I. ■ ^j5L^
49S 1790.
Lend fortwild
Jng how ob-
tained.
Waters of th«
Lake in D's-
mal swamp,
vested in the
propnetorst
Kegiilatioiis
respedirtg wa-
ter woiks, &(.
Cross ditches.
&c.
Transfer of
sharesr&c.
Contributions
may be reco-
taken or conftrutd to entitle the proprietor of any fucji landto recover <:ompehfatfon for any damages vrhidk
.may happen to 3i>y mills, or other works or iniprovements, which fliallbe begun or, erected b.y fuch pro-
prietor after I'uch tirft valuation, unlefs the faid. damage i& wilfully ot malicioufly done by the (aid ptelT--
dent and directors, or fome perfon by their authority. ,
XI. And be it enabled, That the faid prefidcnt and dire£lors, cJlr a majdtrty of thsw, are Bereby* amho-
rifed to agree with the proprietor or proprietors for the purchife of a quantity of kndy not exceeding
one acre, at or near the receipt of the tolk aforefaid, for the purpofe of erecting neceffary buildings \
and in cafe of difagrcement, or any of the difabilities aforeiaid, or the prtrprietor being out of the ftate
then fuch land may be valued, condemned and paid for as aforefaid ; and the faid company fiiall, on
payment of the valuation of the faid land, be feized thereof in fee fimple as aforefaid." '
XII. And whereas it is reprefented that the waters of the lake, in the difmai fwamp", commonly cal^-
led Drummond's pond, may be ufeful for a fupply of water to the faid cattal : Be it enaBedy That the'
faid lake, fo far as the water thereof fliall be neceffary foi the parpofe aforefaid, fnall be and is hereby
vefted in the proprietors of the faid canal ; and it (hall and may be lawful for. the faid prefident and di-
reftors, or a majority of them, to open if they (hall find it expedient, a crofs canal from the lake to the
principal canal, for the purpofe of drawing from thence a fupply of water ) and for executing this wopk-
they Ihall have the fame powers which they are authorifed to esercjfe in opening the principal canal.
And it ftiall not bi lav/ful for any perfon whatfoever, fo to cut off or diveri the courfes of thofe waters-
which now flow from the weftward into the faid lake,^ as to prevent their continuing to fail Into it.,.
XIII. And whereas fome of the places through which it may be neceflary to condudi the faid canals,,
may be convenient for erefting mills and other water- works, and the petfons pofleffors of fuch fituations
may defign to improve the fame, and it is not the intention of this a£t to interfere with private property,
but for the purpofe of improving and perfeding the faid navigation ; Be it enaSed, That the water, or
any part thereof, conveyed through the faid canals, fhallnotbe ufed for any purpofe but navigation,, ur^-
lefs there fhall be fufficient to anfwer both the purpofes of navigation and water-works aforefaid j in
which cafe the faid prefident and directors, or a majority of them, are hereby empowered and dire^ed-
to enter into reafonable agreements with the proprietors of fuch fituations, concerning the juft proportion
of the expences of making the canals capable of carrying fuch quantities of ws^ter as may be fafficienc for
the purpofea of navigation, and alfo for any fuch water- works aforefaid.
XIV. And whereas the faid canals may be of great utility in affording the means of draining the fun-
ten lands through which they pafs : Be it enaSied, That it (hall and may be lawful for the proprietors of
the faid adjacent funken lands to open crofs ditches into the faid canals ; Provided^ that thefe crofs ditch-'
€S (hall not be within lefs than one mile of one another en the fame fide of the canals, and be covered
where they pafs through the caufeways with good bridges of the breadth of the caufeways, at the ex-
pence of the perfon cutting them,, and alfb be conftra£ted fo as that the water may be entirely prevented
paffnig through them into the canals, at any time when this (hall be neceffary ; and the works occafionsd
by thefe crofs ditches, except the bridges, (hall be kept in repair at the expence of their proprietors.
XV. And be it enaSedy That it (hall and may be lawful for every of the faid proprietors to transfer his
fliare or (hares by deed, executed before two witneffes, .and regiliered after proof of the execution there-
of in the faid company's books, and not otherwife, excepr by devile ; which, devife (hall alfo be exhibit-
ed to the prefident and the dire£lors, and regiftered in the company's books, before the devifee or dev4-
fees (hall be entitled to draw any part of the profits from the faid tolls : Providedf That no transfer
whatloever (hall be made except for one or more whole (hare or (hares, and not for part of fuch (hares,
and that no (hare (hall at any time be fold, conveyed, transferred or held in truft for the ufe and benefit,
or in the name of, another, whereby the faid prefident and dirediors or proprietors of "the faid company^
or any of them, (hall ©r may be challenged or made to anfwer any fuch truft, hot that every fuch perfon
appearing as aforefaid to be a proprietor, (hall as to the others of the faid' company, be to every intent
taken abfolutely as fuch ,- but between any truftee and the perfon for whofe benefirt any truft (hall be
created, the common remedy may be purfued.
XVI. And whereas it hath been reprefented that fundry perfons are willing and defirous, on account
of the public advantage, and alfo the improvenaent their eftates may receive thereby, to promote and con-
tribute towards fo ufeful an undertaking, and to fubfcribe fums of money to be paid on condition the faid
works are compleated ^nd carried into execution, but do not care to run any riffc or deiire to have aay
property therein : Be it ther^m fnacted^ That the faid prefidaut and ^edors flull be and are hereby ^^
Jj^w,ere{i to receive and takein fubfcriptions oh the laid conditions, and on the faid works being compleat- 1 790. 490
61 and carried into execution, according to the hue intent and meaning of this a£l, that it (ball, and may '-^"Y^mt
b3 lawful for the faid, prjffident and direftors, or a majority of them, in cafe of refufal or negleft of pay-
inent, in the name of the company as aforefaid, to fue for and recover of the faid fubfcribers, their heirs,
executors or adminiftratorsi the furas by them refpeaively fubfcribed, by adion of debt or on the cafe, in
any court of record within this ftate. , , . r> n^ n ^ • ,
XVII. And be itenamd, That if thefaid capital and the other aids already granted by this att Ihall prove Capital may
infufficieht, if (hall and may be lawful for the faid company, fron time to time, to increafe the faid capi- ^-^'ncreased,
tal by the addition of fo many more whole fliares as fhall be judged neceflary by the faid proprietors, or a
majority of them, holding at leaft one hundred and eighty (hares, prefent at any general meeting of the
faid company. And the faid prefident and diredors, or a majority of them, are hereby empowered and
required, after giving at lea It one month's notice thereof in the Virginia and North- Carolina gazettes, to
open books at the before mentioned places for receiving and entering fuch additional fubfcriptions, in
which the ptoprfelotsof the faid company for the time being Ihall and are hereby declared to have the
preference of att others for the fir ft thirty da-ys after the faid books (hall be opened as afoEefard, of taking
and fubfcribing for fo many whole (hares as any of them (hall choofe. And the faid prefident and direc-
tors are hereby required to obferve in all other refpe£ts the fame rules therein, as are by this aa prefcrib-
ed for receivmg and adjuiling the firft fubfcriptions, and in like manner to return under the hands of any
three or more of them, anexad lift of firch additional fubfcribers, with the fums by them refpeaively fub.
fcribed, into the courts as aforefaid, to be there recorded : And all proprietors of fuch additional fuma
(hall and are hereby declared to be from thenceforward incorporated into the faid company,
XVIII, j^nd it is hereby declared and enacted. That the tolls herein before allowed to be demanded and Conditions,
received,' are granted and (hall be paid on condition only, that the faid Difmal Swamp Canal Company
Ihall make the canal thirty-two feet wide, and eight feet in depth below the furface of the earth, and cap-
able of being navigated in dry feafons by velTels drawing three feet water from Deep creek, near Tucker's
mill in Virginia, to the higheft good navigation for veiTels o( the aforefaid draft in Pafquotank river, in
North- Carolina, with fufficient locks, each of niriety feet i-n length, and thirty-two feet in breadth, and
capatjie of conteying ye(fel9 drawing four feet water at the kaft, and that each of thecaufeways (hall be
^XIX. ^^n'd His hereby ena^ed and provided. That in cafe the faid company (hall not begin the faid work Tl™e i^mlted,
within one year after the company (hall be formed, or if the faid company (hall not compleat the naviga-
tion and works as aforefaid within ten years after the faid company (hall be fojmed, then (hall all inter-
eft of the faid company, and all preference in thdir favour as to tlie navigation and tolls of the faid canals
and caufeways, be forfeited and ceafe. . , n \. x-,. . - , *t ,. i-. t.
And whereas at a mating of eommi(rioner3 appomted by the ftate of Virginia, and North-Carolina, Compaa be-
to agree on. the form of an z& for cutting the faid canal, and for regulating the commerce which may '^^^'J"^^^"^^
be carried on throtlgh it between the citizens of the two ftates, to wit, Robert Andrews and John y^,^^-.^^
Cooper, Efquires, on the part of Virginia, and William M'Kenzie, James Gallaway and John Stokes,
Efquires, on the part of North-Carolina, at Fayetteville, in the ftate of Njorth-Carolina, on the twelfth
day of December, in the year of our lord one thoufand feven hundred and eighty-fix, the following coiA-
paa was mutually agreed to by the faid commiiTioners :
Fir/f. The ftate of Virginia agrees that the waters of Elizabeth-river, from the faid canal to the mouth
thereofi the waters of Hampton road and of Chefapeake Bay to the capes, and alfo Roanoke-river,
wherever it is in Virginia, (hall be forever confidered as a common highway, free for the ufe and navi-
gation of veflels belonging to the ftate of North-Carolina, or any of its citizens ; and that they (hall not
be therein fubjea to the payment of any toll or charge whatever, impofed for the purpofe of raifing re-
venue.
Secondly. Th6 ftate of Virginia agrees that no reftriaion, duty or impoft, (hall be laid on any commo-
dity which is the growth, produce or manufaaure of the ftate of North-Carolina, brought through the
faid canal or over the faid caufeways for fale or exportation, and that the fame may be exported without
re-infpeaion. « ', « it • t_- i t. /-
■ Thirdly. The ftate of Virginia agrees, that when any imported goods (hall withm five months alter en-
try be exported through the (aid canal, or over the faid caufeways, into the ftate of North-Carolina, in
packages, bales or MfliS as imported, the duties thereof Ihall be remitted or repaid as the cafe may be. to
500' lT8i5. the exporter, on Kts producing, within fix montlis after rtie afore f.«d'«ntry, die certificate of the jiav^troffi- 1
cer of the idi{lri£l: of North Garolina ihtO which the faid canal enters, tijat the.faid goods have. btjien enter-;
'*d there.. ... ' . . , i . . ^ _
Fh/rtbU. The ftate of North-GarOli^a agrees that t^ewaterS of Roaftqli^-T^yer, Mehcrr^ij "Kottaway,
Chowan, Albermarle found as low as the naouth of Pafquotank- river, Snd.of.PifguotankJFrom tjiemouih
thereof to the faid can^l, fiia'. be forever 'O0nfidered«|a a commoii highv/ay", 'frep tor the ulip and naviga-
tion of ali veflels bsloiigingto the fiate of Virginia, iil||tny of its citizen's.; and that tTOy ihall uot |>e,fub-
jeft therein to the payment of sitiy "toll qf charge whatever, injjpted for thepurpofij of JkaiCng revenue. "
Fif!hl\: The ftate of North-CferOlina agrees, that no reftriclion, duty jpr impoft rnall be, laid on a^y
commodity jvhich is the growthj prOdiice or manufaiJure of ^h^ ftate^ of Virgiiiia, pafTing through Jt£e
aforefaid waters to the faid canal, Or brought ^through the faid Canal or over the faid caufeways, for fale
or exportation ; and that the fame may be fold or exported without rerinfpeftjoo. ... . ,
In thofe aiaiicles where it is exfirefffed that no duty or impOft is to be laid for the pur|iofe, of raifij^'rpr
venne, it is not to be underftood that the impofition of tolls for the purpofe ;f)li.^proving th^ navigation
of the faid waters is prevented. '■''., . i
Sixthly. The Itate of North-Carolina agrees, that when any imported goods {hall Ayithih five monthj af-"
/er entry be exported throiigh the faid canal, or over the faid caufeways, into the ftate of Virginia, itii
packages, bales or caflcs as imported, the duties thereof fhall be remitted or repaid as the cafe may be to'
the e"xpOrter, on his producing, within fix months after the aforefaid entry, the certificate of the n^val-
officer of Norfolk, that the faid goods have been entered there. : ,
Seventhly. Imported gooHs, 'pafling from one part of either of the faid twcftates to another part of the
ianfie; through any of the wafers ot the other ftate, ihall not be fubje£k to any duty itvpofed for the pur;,
pofeof raifing revenue. '■■'■■ ■, - -^ ■ ' - ,. ^.i . i - v. ,■ ■ j : , ..
LaJHy. The citizen^ of eacTi of the faid two ftates-may have the ufe of the infpe£tions of th^ other fori
the purpofe of re-infpe£l:ing any damaged commodities which have pafled through the faid canals, on payJ.
hig'^he price of the labour of re-lrifp.ewipn, andno.more. ■' .. j
And whereas this general aflembly are of opinion that the faid compa^ is made on juft and mutual prinJ
ciples, for the true intereft of both governments ; ~ .' . ^ ., ';
XX. Be it therefore enaQ'fdi That the faid Compaq Js herehy approved, confirmed atjd ratified by the ;gene^
tal''^embly of the fiate of North-Carolina, a'hd that ev^ry article, claufe, matter and thing therein contained
iliall be obligatory on this ftate and the citizens thereof, and fhali be forever faithfully and inviolably ob-
ferVed and Kept by this government and all its citizens, according to the true injtent and .meaning pf thJ
faid compa£t ; and the faith and honour of this ftate are hereby folemnly ;p]edgfed and pngaged to the g^e
xieral aiTembly Of th'e ftk'te of Vjr'gima, and the government and citizens thereof, that this law fliall neve
tfe repealed or altered by the lipgiffature of this ftate, Syithout the confertt of theftat«.Qf Virginia.
fev'e'ry ad\ or pkrt of im a£l df the ge'nefal aflembly which comes within the ptiryije^ and tijean'mg
a£t, {hrfll be and t1hi% fame fs 'Tiereby Repealed. This aft (hail po'mmente and .be i^ for 9^ from atid after d&l
paffifhg 56f a Bke kOs. by the ^^etal alfembly of Virginia, - - ^ . ^ . . .
THE T r,T L E S P F T H E F R I V A T E ACTS,
ed;&;. •
i An a£k to enable the warderis of the poor P!r the counties of
i*asqTiotank and Carteret, to build hottses respeflively for
the reception of the poor of tlie said com ties, ^nd for |e-,
Vving;^ tax to defray the expence. thereof.
5 An aia to keep o^jen Kockhsh creek, in Cumberliiia cti\||jtjr,
from its mouth to the forks thereof '
'21 A'n aft' to revive "iiid continue in force an aft, enthled, " A"
%Bi to empower the several c.ounty courts therein menti-
..onedtp lay. a tax annually, not exceeding three years,
l6x the pui^osfe of ei-eflttig or rcpr^ring the couVt-house,
prison and stocks in each c\u:iiy when recessarv, and
tor defrii)iing ^he /ipiVtingent tUarges of the counties"
passed .at Fayetteviile, one thousand sev^n hundred an3
eighty-Vi^.
27 An afl for ■buiiaVng'a<ioiirt-h6use in thfettwn of Hillsborough,
for tiie distriit of Hillsborough.
?8 An ail to auihori«e Henry Eniantiel X<tUterlohto rabe, by
■frlfyoFlitteify, a sum-etiflicient to enable him tobrjnghbt
to this state fpretgners, who are artisans in various braiucijil
esofbusines^.f -. , . . , , ,: ^ '
29 -Vnaia to regulate ainl fix the prices for inspeftihg aitd co
- ' ' ' eVing tohaccoS't Fayetteville. . •.
30 An a£t to establish a. town at the place fixed upon for
court-house ip the .cot^ntY of .S^okt?.
31 An afi for building a cburt-tiousc 7n the town of Wilmin
ton; for the dinrifl of Wilmington, «nd to empower j|
junices of New-Hanover county to encrease the cov
tax,
32 J^naa to make Cross Creek navigable. . .
33 An aS ior the inspeifiion of tobacco on 0an Riveir, on d|
land of Thomas Harrison in. Casweticpanty. .. >■ ' -.i
34 Ah aA for vesting the pro^ierty of certain negroes in the h^
of Mark Newby. - :-
35 An aA to establish the titles of several trai9s of lands in Si-
mon, David, William, Jonathan and Polly Turner,
36 An aA for the relief of Thomas' Ridge
37 An a& to alter the names of certain persons therein menti-
oned*
SS An a<!t direSing the entry-taker of Rutherford county to de-
liver certain warrants therein mentioned to the surveyor
of said county.
S9 Ana6) to authorise the commissioners of the town .of Sden«.
ton, to grant do£ior Samuel Dicikin^on a certain w ater-
lot iin the said town.
40 An 3L& to amend an aS, passed at Fayetteville, in the year
one thousand seven hundred and eighty eight, entitled,
" An a£l to authorise and enable John Colson to return to
this state and exercise the privileges therein mentioned."
4i Ao aA for making conformable to *he plan, the second coui^
ses of a tradl of land lying in Jones county, formerly
Craven, granted by patent to John Richards', bearing
date the twenty fourth day of November, in the year
one thousand seven hundred and thirty-eight, containing
three hundred acres, lying on both sjdes of Trent river.
43 An aA to amend an &&, passed at Hillsborough, in April,
one thousand seven hundred and eighty four, entitled,
" An afl to encourage Enoch Sawyer to make a road
through Pasquotank river swamp opposite his plantation."
43 An aA to establish the tobacco ware house now building by
James Ritchie and John Winslow, at Fayetteville, and
to empower the county cojirt to appoint inspectors to the
same.
4i An ad to cmfma luito Thomas Pool Williams, of Currituck
county, an indefeasible title to two acres of land at BelL-
ville, in Currituck county.
45 An aft to vest the property of certain lots of land situated in
the town of Taiborough, in Edmund Hall and his
heirs.
^ Ai)aA to repeal the fifth and sixth seaions of an a^, passed
at Hillsborough, in the year one thousand seven hun-
dred and eighty-four, entitled, " An aS to amend an
aA, entitled Aa iSt for the regulation of the town of
Wilmington," • "' '
47 An aA to establish two places in the county of Caswell for the
purpose of holding two general musters therein.
aS An a^ to empower the county court of Rockingham to lay a
further tax to rein^bnrse the commissirners the money by
them expended, inereAingthe court-house, prison and
stocks in the said county.
49 An a^ to amend an i&, passed at Hillsborough, in the yeay
of otir lord one thousand seven hundred and eighty- foor 1790, 501
entitled, " An afl for extending the navigation of Koan- '
oke river." ^'■%'^'
50 An aS to establish an inspeSiion of tobacco at the ieny
of Thomas Eaton on Roanoke.
51 An a,fl to amend an afl, entitled, " An aft to appoint Com-
missionikrs to superintend the building a prison and
stocks for the d.strifiof Fayetteville, ard to levy a tax
in the counties within mentioned for defiaying the ex-
pences thereof," passed at Fayetteville, in the year
one thousand seven hundred and eighty-eight.
52 Ah aflfor granting to theinhabita'^tsot Rowan county, liv*
ing between the ,-Drth and south totks of the Yadkin
river, the ptivilege of holding separate general musters.
53 An aft to appoint Commissioners to direA and establish a
gap or slope at tlie mill dam of Samuel High, at the
falls of Neuse River, in Wake county, and to repeal so
muchofanadi, passed at I'arboroiigh, in the year one
thousand seven hundred and eighty seven, as comes
within the purview of this aft
54 An aft direfting the time and place of holding the annual
eleftions in the county of Hyde.
55 An aft to authorise William M'Clellan, of the county of
Rockingham, to extend a mill dam across Mayo river.
56 An aft to vest the title of a pieee or parcelof land, in Gran-
ville county, in James Forsyth, and his heirs, in fee
simple.
57 An aft to empower Etheldred RufEn, Thomas Branton,
Willoughby Williams and Hymeric Hooker, the securi-
ties of Benjamin Caswell, late sheriflof the county of
Dobbs, to colleft and account for the taxes due from
the inhabitiants of f)ie said county for the year one thou-
sand seven hundred and eighty-nine.
58 An aft to establish a tcwn at the place fixed upon for the
court hoyse in the county of Surry, ar.d for addirg two
more ccrr.missiorers to those heretofore appoiiited for
fixing the public buildings in raid county.
59 An aft to aher the place of holding the county court of
Hyde county, from Woodstock to Bell's bay or Jasper's
crtek, im said county, and to erefl a new court hcase
prison ard stocks.
60 An aft to empower James Craige, guardian of the orphans
of David Craige, of Rowan county, deceased, to sell
and dispose of part of the real estate of the said David
Craige, for the pa)n-.ent of a debt due by him to the
public.
^ead three times and ntiiied in General Assembly) the fifteenth day of Occembeti A. D. 1790.
Wm, Lenoir, j. s.
S. CabarruS) s. c.
yoL. 1,
Q M
THE
PUBLIC ACTS
O F T H E
GENERAL ASSEMBLY
P F
NORTH-CAROLINA.
— • ~
VOLUME IL
CONTAINING the ACTS crom 1790 to 180S-
REVISED AND PUBLISHED,
UNDER THB AUTHORITY as the LEGISLATURE^
By FRANCOIS . XAFIER MARTIN.
N E W B E R Nf
MARTIN CzrOQQEN.
1 8 Q 4.
fion, fiajjed in& foUori^lna tzn^eJciladion ;
" tS^(Sz/02£2/£S)j S/Aai &rancouSSauce'^ K^artln collca and ^<?-
^' v-lj& mo ^iMio t^cdii^ haM'ed J^lnc& m& ^aulicaflon cf Tacla& Urc*
'^^ d&ll*d t^&v-^alj j^o &fi& <c^7id 0/ iri& ^r&fent 'Oeffion, cnc.lu'fcu& /
^^ nf^nicA JalcL ^S/Cev-ifal J^nail connect &/i& KyCcU haM&d U71C& Tudaei
*"■ KJredelis, Au %J\ot64 and tyieTnaTfid , ad^^en^Una to iucrb a4 afihcar^
€0 na'i/& Acen v^hicoallu T&h&al&di and ^cialnlna> uicA a<s are nai^ ex-
" f^^^fi^y^ fo^ a^id caafc Aid Jaid f^/hct^ljal io A& fi'tinted,^*
S'dt'C' Oommand 0/ tn& ^eai&laiare nad Aeen ci'cued Ti^ciA ^c/c->
ae?ic3 and K^td&lUuy and '}uli/v all the OxhedUioiij tv^AIcA i^Ac t^ltcTi^loJt
^ tn& xJSatur& 0/ m& yro%k t&aulred 71/^ouid fict'tnU.
o^%C ^amliA/etd o^ eA& n^cidyhrinud A^ t/i& £Srlntc^ cf tA& ^iafc,
a^icT trie n.i^ c^ eacA ^cMion Aiav-& Aeen made ufe of as aul/ientic 'iSohiedy
and considered an Jtifficienfl/cucAiers. SAo Aiav-e tejoried lo iAe ^ecte-
1
1
iarud Offcc& /or Tnanf^JcriM (Sofiled luoaid hauc OGCcafiontd a coTUcde^- \
auCc Qxt^hencc, ^auour and ^&lauy 'n^/vlc/v n^oidd not Aave i^ccn '
eaaallcd i'^u tne K^di/a7ziaa&TedutCc7za froniit. xJn doma <iOy the Q^xam-
file o/ /udae Urcdctt, lit t/ic tz)idc/iata& or a like S/radt, n^■a^ r&lL&d
on ad a duf/iciejit t^dt/iofi-tu. %Jn dei/cral ^a^ed, no7if-ei/-er 3 t/ie Or-ial-
nal K^tctd nav-e 'O-cen eooamhiedj 72/nen triid nad ahhear&d ncc&ddaru.
^dCCf JP'orn> id oiom- offeredf Ti^^ltfi' a nami'le' d^Cohc that thod& rv^no
ar& to Judac 0/ it mau Aav-& ^z^eadon to i/^eli&v^c the (ohoice or ihe 2£eaid-
lata%e had v-e&njudtlfied: and if, i^u the Ky€id of t/ie hrede7it tS/CeiAidalj
i/ic £^eohle of thid ^tate mau find a '' t^^non^tedae oft/ie ^an^d under
n/^hioh they, lii/ei^ ^lore eodilu attainahlc thian heretofore , t/ie hcdt
rvidhed the Sditor ca7i form for tneir K^intercdtd w^ill he aratified.
&rancoid-3(Pa/i^le^ ^^Atartin^
\Jycnf-iernj ?un& IStA, ^804-»
T II E
PUBLIC ACTS
O F T H E
GENERAL ASSEMBLY.
1791.
LEXAliPEK
At a GENERAL ASSEMBLY, begun and held atNewbern, on the fifth day
of December, in the Year of our Lord One Thousand Seven Hundred p^^^^^^^,^^,,
and Nmety-One, and in the Sixteenth Year of the Independence of the martin, Esq
•' JC^ Governor.
said State : Being the First Session of tl^e said Assembly.
An aB to confirm the revifal of the laws of this fate, made by James Iredell^ Efquire, Commifftoner^ abpoint- CHAPTER 1. |
ed by an act of the General AJfembly, entitled^ an adl for revifing and collefting the adls of the General <
Aflembly of the State of North-Carolina.
, . ■ . ' . }
'HEREAS the whole body of tne laws of this ftate, to the fifteenth day of December, in the' year j-g-, 4 i
of our lord one thoufand feven hundred and ninety, have, in purfuance of the above aft for ap- ' ''■
ppintitig a commiffioner to revife and colleft the fame, been carefully compiled and revifed, and the ;
laid revifal laid before both houfes of this prefent Aflembly, and approved of by the faid houfes : !
I. Be it therefore enaBed by the General AJJembly of the Jlate of North-Carolina, and it is hereby enaBed by the , ,,, „ .
authority of the fame y That the faid revifal of the laws of the ftate, made by James Iredell, together with saiconfirmedT i
all the afts, parts of a£ls, and'every clauie arid feftion of them and each of them, as inferted and retained ■^
in his compilation as comminioner, and not by him exprefsly declared to be repealed or obfolete, or not in
force, are hereby confirmed (except fo far as may be repealed, altered or amended by any law pafled this ;
prefent feflion of Aflembly) andlhall be held, deemed and .taken to be and remain in full force, and al- ;
lowed to be given in evidence, and received as fucTi, in all the courts of law and equity within this ftate. i
II. And be it further enaBedby the authority aforefaid. That all and every a£l and a£ls, claufe and claufes, ^ obsob'^^' &c' "'
feftien andfeftions of all andevei'y aft and afts of the General Aflembly of the ftate in the faid revifed declared to b« 1
laws mentioned to be obfolete, expired and repealed, are hereby declared to be obfolete, expired and re- so. \
pealed.
III. Provided always tienjerthelefsy and it is hereby enaSied, That all and evety judgrhent, order, decree ^'ormer P»'o- •!
or fentence of any court heretofore given or pafled, and all and eveiy matter or thing heretofore done and sa^^'to be ^re* i
performed by any officer or officers judicial or minifterial, or by any other perfon or perfons whatfoe- oeakd, &c. de- ;
ver, in virtue and by force of any aft or afts, claufe or claufes of any aft or afts of the General Afiem- clar<;d valid. '.
bly of this ftate, in the faid reVifed laws mentioned to be obfolete, expired or repealed, ftiall be deem- |
ed, held and taken to be good and valid in law, to all intents and purpofes, as if the faid afts were con- - J
tinued and in full force, any thing herem before contained to the contrary, in any wife, notwithftanding. ;
IV. And be it further enaBed by the authority aforefaid. That all the laws in the faid compilation, to Laws said to be '^
which the compiler hath fubjoined a note doubting how far the fame or any part or feftion thereof may doubtfii', sus- ^
be in force, be, and the fame, and every part and feftion thereof, fliall be, and the fame is hereby fufpend- ^^" ^ ' "1
cd until otherwife direi^ed by the General Aflembly. ' ' " ~ ' \
^ ^'^^*- • An aB to nmeni the re-venue latus of the Jiaif.
^^"'""^"^ T^^ '^ ^/w5f^3ji /^.f General Ajfembl^ vjthejlate of North-Carolina^ and it Is hereby enaSedhythe HUthtri"'
CHAP. 2. X]j z";' of the fame. That for the year feventeen hundred and ninety-two, and each fucceeding year, it
ka^'M ^"^ r'" ^^^' ^^ confidered a part of the duty of the fheriffot every county in the ftate, to colleft the pubhc taxe»
e^ pu ictases. (jyg fj-Q^n the hihabitants thereof; and every flierifF, as a compenfation for his fervices in colledling and
anc^ *"°'^* P^y'"o """to t^P treafiiry, in due time and according te law, fliall be entitled to a commiflion cf fix per
SI (T , ^ centum en the nett amount of the taxes of his county, to be allowed him byway of deduction in the
J.-a ux's from Settlement of his accounts with tiie Comptroller.
rJI individuals JI And be It further ena^ed, 'Ihat it fhall be.the dpty of the flierhTs to coUeftthe public taxes from each
liable to pay and every individual in their counties refpedlively, who agreeably to the anTeflment afts of this ftate are
thefr^naml^are ^'^'''^^".P^y '^-'^^^> whether their names be contained in t;he lifts of taxables delivered by the clerks or
in die list or "ot, ^nd i" all cafc3 where the public taxes fliall be demanded of any perfon whofe name and taxable pro-
j.ot. . perty are not contained in the lifts furnifhed by the clerk, the ftierifF fhall be at liberty and entitled to
Their allow- demand and receive from each and every fuch perfon a fum equal to double the amount which he or fhe
ance. v/ould have been liable to pay in cafe a lift of his or her taxable property had been given in due time, and ac-
1770, 6. cordmg to laiv ; provided fuch failure be owing to his own negleft ; the one half part of which the flieriffs
^J^' f' ^^'^ account for and pay into the public treafury, and the remainder they fhall be entitled to as a reward
378(! I. 2. ^°^ ^^^^^ trouble and fervices in collefting the fame ,- and ixx inftances where difputes (h^ll arife as to the
i7Sg! U, 15. amount of the tax for which any perfon may be liable under this aft, the papers and records in the clerks*
]-8^' ^^' °^p=s '^^^^ be held and deemed fufficient authority on the part of the flieriffs to entitle them to enforce
1^83, I. ii^eijr demands by diftraining or otherwife, in cafe the party hath at any time within two years then laft
paft given a lift of his or her taxable property J but in cafes where no fuch lifts have been given in, an
Mr.nner of re- eftimation in writing, under the hands and feals of one Juftice of the Peace and three freeholders, con-
ccvery, &c. yencd for that purpofe by the flierilF, fliallauthorife and warrant his demand to the amount of fuch efti-
mation, faving neverthelefs to every perfon the right of appeal from the determination of fuch Juftice of
the Peace and freeholders to the next county court, where the maUer fliall be tried and finally determin-
.eJ on in afun:.iiary.way during the term. .
^^eu2r^m2, ^^^' '^"'^ ^''^ ^^/'"'^^■'■'''{"(''^'■'dy That in cafe It fhouM at any time happen, through the neglea of the
2. %7. ' ' cou"*^/ courts, that afTefibrs of town property are not appointed, the affeflment of the preceding year fliall
prevail and be deemed good, and the flierifF fliall collea accordingly.
I y. And whereas it often happens that tavern-keepers do not renew their licences according to law : "
Be it therefore enaHedy that henceforward ^ny perfon applying to court for a tavern licence, fhall be ac-
Slieriffs to col- <^o""^?t)ie to the clerk fpr his fees only, and it fliall be die duty of every flierifF in the ftate, at the time of
ic.l ta.x from colle£ling the public taxes, alfo annually to colleft and receive from each tavern keeper or other perfon •
tayern-kxepers. accuftomed to retail fpirituous liquors in lefs quantity than the quart, the fum of forty flilUlngs Current
irm. 18. ^ 3. money : and all flierifFs fliall at the time of their annual fettlement, render unto the Comptroller on oath^
To render lists ^ 'i^of the names of thofe perfons from whom they have recovered a twofold tax,together vith theamount,.
to the Comp- fpecifying whetlier the fums were received for lands, polls, town property, ftud horfes, billiard tables, or
troiler, j.c. other fpecies of taxah-e property, jnd they fliall alfo rendw at the foot of the faid lift, the names of all
perfons in their counties from whuom they have colIe£l:ed monies for tavern licences ; copies of all which
lifts, after charging flieriffs on the originals, the Comptroller fliall fend fealed up to the clerk of the coun-
ty, to the end tliat it may be pofted up in the £ourt-houfe thereof: and he fhallalfo render and publifli, at
each annual meeting of the General Aifembly, complete copies of the whole, in order that it may be
known whether the public taxes are fully and properly accounted for.
V. And be it further enacted. That at the annual fettlement of the fherlffs with the Treafurer, he fhall
allow and pay unto each who accounts and fettles in full at the rate of •fix pence per mile, for every mile
m;i 3,^6 aTtow- fuch flieriff fliall necelTarily travel in going to and returning from his office, to be paid on tlie account of
eatosacnfl.. fuch flieriffs, filed and rendered on oath.
■VI. And be it further cnaHed by the authority afcrefaid. That each and every fheriff, previous to fettling his
accounts, fhall take and fubfcribe the following oath in the Comptroller's oflicc, to wit, " I, A. B. fhe-
SVrn's r.xh " rif^'ofthe county of do, on this day of 179 make oath and declare, that the
cii uetiiinji. « liftLy nic now given in, is to the beftof my knowledge and belief, complete, perfect and entire, and
«« contuuis the full amount of aM monies by me or for me received, or which ought to have been received^
« on account of the public tixes for the year ] 79 and that I have truly and faithfully endeavoured to
' '" '" it'ed, * An aft to amend the revenue laws of this-
ion or partiality, to the beft of my knowledge
« execute and govern myfelf by the aft of Affembly, entit'ed, * An ad to amend the revenue laws of this-
" ftate,' pafTcd December, 1791, without favour, affcaio
« and abilities. SO HELP ME GOD.
VII. Amll: it furthei^ ina^ecthy ^ authority aforefaid, T\vxt\kQ maR^TS in chancery and thec'erksof 1791. 7
the tefpeftive fuperior and county courts fliall be entitled to a GOmmiffion of fix per cent, on the amount v^^-vO
of the tax-fees and fines by them received, which (hall be allowed on the fettlement of their accounts with Allovvancc t»
the -Comptroller to be allowed them or either of them, on his or their accounts filed on oath by the trea- chanc?r> 'a id
furer, provided he fhall fettle and account in full. clerks.
VIII. And be itjuriher enaEledy That in cafe any of the clerks of the courts of this ftate, whcfe duty it is,
fhall hereafter faiUo make return of the amount of the taxable property in their counties to the Comptro!- Clerks & Mas-
ler, -w^ithin the time and in the manner by hw direfted, or in cafe any mafter in chancery, or clerks of j^^p'^I^Jj* * "'
the fuperior or county court, (hall hereafter fail to fettle for and pay up the public monies which they have
received and are accountable for, at lead once in every ye3r,he or they fo failing or neglecting fhal be coa-
fidered guilty ofmifbehaviour in office, and fliall on motion be fufpended accordingly by the court or courts
of which he or they fhall be mafter in chancery, clerk or clerks ; and the court fliall thereupon proceed to
appoint ,fome other perfons to officiate as mafter in chancery or clerk, as the cafe may be, until the matter
be finally determined, and all official acts of the perfon fo appointed fhall be good and valid in law. ^
. IX. And be it further enaEled by the authority aforefaidi That all aiVs and claufes of acSls, which come claTs'e^"^^
within the purview and meaning hereof, be and the fame are hereby repealed and made void.
An aB to continue and amend ah aclf entitledy An AxH: dtre^iilg the Manner in which the real Sol- cHAT. S.
dier or honeft claimant, among thofe who had military Accounts fettled at Warrenton, in the Year
one thoufand feven hundred and eighty-fix, ftiall obtain Certificates ; and making Provlfion for fuch
Claimants whofe Accounts are yet unfettled, and dire£l:ing the Manner in which certain Certificates
therein mentioned ftiall be received at the I'reaiurer's and Comptroller's Office."
¥3 ^Ji enaBed by the General AJfembly ofthejiate of North-Carolinay and it is hereby enaEled by the authori- Former a<Scoa-
%J ty of the fame y That the above recited aft and every part and claufe thereof, not incompatible ''""ed, 1790,
ivith this aft, be and they are hereby continued in force until the firft: day of Oftober next.
W- And be it further enaEled^ That a board confifting of three commiflioners be elefted by joint ■, . ,
Ballot of both houfes of the General Aflembly, who Ihall convene in the town of Hillfborough, on the m°s*sioners*^'""-
ift day of May next, and fit daily for the fpace of four mbiiths thereafter, for the purpofe of re-examin- pointed, &c.
ing the certificates iltued at Warrenton, in the year one thoufand feven hundred and eighty fix, and if-
fuing others in lieu thereof; and likewife for the purpofe of examining and allowing other military
claims, agreeabl y to the diTeftions of the above recited aft.
III. And be it further enaEled by the authority aforefaidy That the faid board of commiflionerS) in add!- Additional
tion t J the powers and authorities given by the aft above mentioned, fliall be and they ?.re hereby authorif- powers,
ed to examine on the principles of equity, as well the certificates ifliied at Warrenton,' as all other claims
for certificates and due-bills which fhall be made or prefented to them, and they fhall determine and aft
accordingly, byre-IfTuing or granting as the cafe may be, and as In their opinion juftice and good faith
requlfe. Provided neverthelefsy That the faid commlffioners fhall In no Inftance be authorifed to ilTue
another or new certificate or due-bill, unlefs the original due-biU or certificate be returned into or^de-
pofited in the office.
IV. And be it further enaEiedy That nO allowance fhall be made to" any perfon who deferted, 'ind who jj^ 5^,,^^.^^^^.
^id not after fuch defertion, rejoin the army and ferve the time for which he was firft Inhfted ; nor fhall to deserters, &c
any but fimple intereft be alloMved.
V. And be it further enaEledyT\i3,t'm. zW- z^'^icztiovii for allowances" on claims, the beft polTible proof py^j^j. ^^^^ ^^^^
the nature of the cafe will admit of fhall be required, and all powers of attorney and transfer of jng allowances*
claims fhall be acknowledged before two Juftices of the Peace of the county where the party making fuch
power or transfer refides and counterfigned by the clerk of the court of fuch county^and under the feal of
the court, if any there be.
VI. And be it further enaEled, That each of the faldr commiflioners fhal', before entering on the bufinefs commission
of his appointment, give bond with fufficlent fecurlty to the Governor, in the fum of twenty thoufand to give security
pounds, for the faithful performance of the duties of the board ; and fhall before fome Juftice of the and lake an
Peace, take the following oath and obtain a certificate thereof, to ivity "You fwear that as commlflioner °^^^'
« for re-examining the certificates Iflued at Warrenton, In the year 1786 and for allowing military claim*
« for the fervlces in the late continental line of this ftate •, you will conduft yourfelf faithfully and up-
« rightly and to the beft of your knowledge and abilities, agreeably to the afts of afl'embly in thofe cafes
*' made and provided, without favour, afFeftion or partiality •, and that you will not direftly nor Indlreftly,
■*< be concerned In the purchafe or fale of any due-bills or certificates, by you to be pafTed on or allowed
*^ ^5 commiiiioner aforefaid, during your continuance as fuch. SO HELP YOU GOD." And each
S 1791. sf the faid commi/Tioners fliall be entitled to have and receive out of the public treafury, jit the rate of
<,**-v-vJ thirty {hillings per day for each day he fliall attend tlie board, and at the rate of thirty fhillings per day for
Their allow- the time he fliall necefiarily be on the road, in travelling to and from the fame, to be paid him on a war-
ancc. J3j^f ifliied by the Governor.
Clerk and his VII. And be jt further enacled. That the commiflioners to be appointed by virtue of tliis aft fhall em-
pay- ploy a clerk to the board, who fhall receive in compejifation for his fervices, the fum of twenty fhillings
for each and every day he fliall attend the board. " ^
Time for pre- VIII. And he it further enacfed, That all certificates and claims coming within the defcription of the be-
Benting caims. f^re recited aft, and of this ad, which are not prefented to, and re-iflued or allowed by the board and
commiflioners hereby eftabliflied on or before the 1ft day of September next,fliall be, and they and every of
them are hereby declared to be falfe and poijiiterfeit, and fhall be confidered as being forever thereafter
barred and wholly done away.
Books," &c. to IX. And be it further enaEied, That the commifHoners to be appointed by virtue of this a<D:, as foon aa
*** h''h^''^'^ the bufinefs of their appomtment is compleated, (hall depofit all the books and papers of the board, in the
tr^ler. ^'^"'"^ office of the Comptroller of this ftate } and the Comptroller is hereby direfted to report the fame to tlie
next General AfTembly.
_ X. And he it further enacled by the authority aforefaid. That all siEls and claufes of a£ls which come with-
claute.'"^ '" *^'^ purvipw and meaning hereof; fliall be, and the fame are hereby d«clared to be repealed and mad^
yoid. ' '
w
CHAP, 4. An aSl tp amend an ail f entitled, zn aft to prevent thefts and rotiberies by flaves, free-negroes and mulattoes,
J7b7, 6. P-lJP'^ ^t Tarborongh in the year one thoufandfeven hundred and eighty feven ; and to amend an aEl, paffed in the
1774, 31. year one thoufand feven hundred and feventy-four, entitkdy an a£t to prevent the wilful and malicious
illing of flaves.
'HEREAS by the before recited aft, it fliall not be permitted for any mafter or commander of
a vefFd to entertain any flave, free negro, or mulatto on board fuch vefTel at any time betweea
fun-fet and fun-rifi>, or during the Sabbath day, unlefs fuch flave, free negro or mulatto fhall belong to
the vefTel or fliall have a pafs from his, her or their raafler, miftrefs, or from fome Juftice of the Peace,
exprefling the time when,"and the bufinefs for which they go on board. And whereas it appears to this,
General AfTembly that a number of perlons from other dates and from foreign parts, bring goods in
vefiels into this ftate, land and ftore them, and harbour flaves, free negroes and mulattoes in their ftores
during the night and on the Sabbath days, to the great prejudice of the citizens and the honeft trader,
for remedy whereof.
Not lawful to ^' -^^ '^ enacled hythe General Affemhiy of theflate of North- Carolina, and it is hereby enacled hy the authority
h itbow or tiade ff the fame, that from and after the pafTing of this aft, it fhall not be lawful for any merchant or trader
with slaves, within this ftate to harbour or trade with any flave, free negro or mulatto in their ftore houfes, fhops, or
*^" tenements wherein they keep goods and merchandize, at any time between fun-let and fun-rife, or on the
Sabbath day, without a pafs from his, her or their mafter, miftrefs, oroverfeer, or from fome Juftice of
the Peace, exprefling the time when, and the bufinefs for which they go. Any p.erfon fo offending fliall
Penalty, ^^ fubjeft to the fame fines and penalties, to be recovered and applied in the fame manner as the fines
and penalties on owners and mailers of vefTels in the before recited aft, any law, ufage or euftom to the
contrary notwithftanding.
Penalty on II' ^^-1^^ whereas it is alfo reprefented to this General AfTembly, that numbers of flaves, belonging to
slaves offering citizens of this ftate, pafs from county to county, and to other ftates, and when apprehended produce a free
torged passes, p^fg ^j. certificate figned with the name of fome citizen of tlie place where they are owned, which it is
reprefented are often forged, and frequently even by fome otlier fervant or flave, and as there is no law
now in force in this ftate to prevent fuch pernicious praftices : Be it further cneBed by the authority aforC"
faid, that from and after the pafling of this aft, if any flave fliall be guilty of producing fuch forged
free pafs or certificate, he or flie fo offending, fhall on conviftion, fuffer fuch corporal punifliment as a
couit fliall inflift (death excepted) to be tried in the fame manner as flaves are tried for other capital offences.
Penalty forkil- HI* And whereas by another aft of Aflembly pafled in the year 1774, the killing a flave, however wan-
ijiig a slave, ton, cruel and deliberate, is only punifhabli in the firft inftanceby imprifonment and paying the value
thereof to the owner ; which diftinftion of criminality between the murder of a white perfon and
e\')'ai^iK^'Tsoi °"*^ ^^^° '^ equally an human creature, but merely of a different complexion, is difgraceful to humanity
2i! . ' and degrading m the higheft degree to the laws and principles of a free, chriftian and enlightened coun-
try : Beit enaBtd by the authority aforefaid, tli.it if any perfon fliall hereafter be guilty of wilfully
arid malicioufly kilUng a flave, fuch offender fliall upon the firft conviftion thereof be adjudged guilty
ofmiirder, and fliall fuffer the fame punifhment as if he had killed a free maft ; any law, ufa^e or cuf- 1791. 9
torn to the contrary notwithftanding. Provided alwayi, that this a£l Ihall not extend to any perfon killing ux-v^O
a flave outlawed by virtue of any atft of Aflembly of this ftate, or to any flave in the atft of refift- ir4l.24. S 44.
. ance to his lawful owner or mafter, or to any flave dying under moderate corre£lion.
• IV. And whereas the prefent penaity for harbouring flavGs is in depreciated money, and altogether in-
fufficient to prevent or punifli the offence : Be it enaBed by the authority aforefaid, that any perfon who fliall Penalty fot
hereafter intice or perfuade any fervant or flave to abfent him or herfelf from his or her owner's fervice, or '^=^'^^?"'''"S o'
••v^ho fliail harbour or maintain under any pretence whatever, any runaway fervant or flave, fliall for every Ttaves^fo ruo
fuch offence, forfeit and pay to the owner of fuch fervant or flave the fum of fifty pounds, to be reco- away.
▼ered by aftion of debt before any jurifdidion having cognizance thereof, and be further liable to tlie ^^^^" ^^*
/aid owner in an adtion for damages.
V. And be it further emSledby the authority af ore/aid ^ That all a£l:s and claufes of adis coming w^ithin ^^pealin^
the meaning of .this zQi and contrary thereto, be and the fame are hereby repealed and made void. clause.
An aB for raifmg a Revenue for the payment of the Civil Lift and contingent charges of Government, for the CHAP, 5. .
year one thoufand feven hundred and ninety two ^ and to repeal an aB, entitled, « an additioiml aB to an aB, i^^ 2d & 5 h
entitled, an aB for raifmg a public revenue for the fupport of government^ and to repeal an aB, entitled, sec. tempora.rY\
*an aBjy to fupprefs ^xcejftve gaming"
HI. A ND whereas all public gaming-tables are deftru£live of the morality of the inhabitants of this
Jt^^ fl:ate, and tend greatly to the encouragement of vice and diffipntion : and whereas the taxes j^gg" ^'
■already impofed are inadequate to the fuppreOTion of the fame: Beit therefore enaBed, that all public gam- 1794' 33. -
ing tables, fuch as EO, AB, and ABC, Faro banks, pafs-die tables, and all others of whatever nature or by IT'SS 19.
whatever name or denomination they fliall be called, are hereby totally forbidden to be ufedin this ftate by any ^I.^'^: ^^*
perfonor perfons whatever; andall Juftices of the Peaccjand the commiffionersofpolice of the feveral towns prohlbifed! °*
in this fl:ate, are'liereby autho'rifed and direfled in cafe of information made to them, or any of thsm, on
oath, that fuch gaming-table i? in the poffeffion and ufe of lome perfon within the limit of their jurifdic-
tion, to deftroy and annihilate the fame by every means in their power. And each snd every perfon who
lijaU offer to keep up or ufe the fame, after the firft day of May next, fhall be fubjeft to tl;e penalty of
one thoufand pounds, to be recovered in an action of debt by any perfon luing for the fame, the one ha'f
thereof to be appropriated to the ufe of the party informing, the other half to the ufe of the ftate. Pro-
vided always, that billiard and backgammon tables fliall not come under the meaning and purview of this
aa. ' . .
IV. And be it further enaBed, That an aft, entitled, *An additional aft to an a£b, entitled, an a£l for J|^^!^g''"^
railing a public revenue for the fupport of government, and to repeal an act, entitled, an act to fupprefs
exceflive gaming,' paffed at Newbern, December, one thoufand feven hundred and eighty-five, be and
the fame is hereby repealed.
AnaB to carry ifito effeB the ordinance of the convention held at Hilljborough, in July one thoufand feven hun- CH.4P. 6.
dred and eighty-eight, entitled, ^an ordinance Jor efablifnng a place j or holding the future meetings oj the Ge- ^ . „
neral JJJemhly, and the place of refulence of the chief off cers of the f ate ^ this ai£l excejjt
III. A ND be it further enaBed by the authority aforefaid, Thcit the place which the faid commiffioners, the last seaion
,/fj^ or a majority of them, fliall fo determine on, fliall be the feat of government, and the unalter- has had its ef-
able place of holding the future affemblies of this ftate, and the place of re(idence of the chief olncers of j^gg' 24.
the ftate, agreeable to the true intent and meaning of the recommendation of the General Affcmbly, and 17.94. 20.
the ordinance of the Convention herein before mentioned. Provided always, that until convenient build- The place fixed
ings can be erefted on the faid place for thepurpofes aforefaid, the General Affembly from time to time <o he the unal-
ftiall have power to appoint any other place or places for the meeting of the General AiTembly, and for gj^^g^^^j^ent,"
the refidence of the chief oflliGe^rs of the ftate, notwithftanding this law. <i;c.
An aB for the puni/hm(nt of fuch perfons as Jhall procure or commit a?!yiuilful perjury. chap. 7.
I. BjEzV enaBed by the General AJfembly of the fate of North Carolina, and it is hereby enaBed by the authority
%f% of the fame. That if any perfon Ihall v/ilfully and corruptly commit perjury, on his or her oath or Penalty for per-
affirmation, in any fuit, controverfy, matter or caufe depending in any of the courts of this ft.ite, or on ■^"'^^ '
any oath or affirmation n:ade, or in any depofition or affidavit taken purfuant to the laws of this ftate,
every fuch petfon fo offending, and being thereof convi£ted, fliall be fined not esceeding the fum of five
B
id ] 79 1. hundred pounds, and fhall ftand In the pillory for one hour, at the expiration of which time both the ean^
v-^-v->0 of the peiibn fo offerding {hall be cut off, and fevered entirely from the head, and the cars fo cut off ihall
be nailed to the pillory ,by tlie officer, and there remain until the fetting of the fun ; and the perfon fo
offending Ihall be thereafter rendered incapable of giving teftimony in any of the courts of this ftate, or
in any cafe uhatiovei^ until fuch time as the judgment fo gven againft the laid offender {hall be reverf-
ed,
II. And be it further imEled by the authority aforefaid. That if any perfon {liall by any means procure
Suborn»tion another peifon to commit corrupt and wilful perjury, on his or her oath or aiTirmation, in ary fuit, con-
«f perjury. troverfy, matter or caufe depending in any of the courts of this {late, or any oath or affn-mation made, or
in any affidavit or dcpofition taken purfuant to the lav/s of this fcate, the perfon fo offending, and being
thereof convifted, fhall ftand in the pillory one hour, have his or her right ear cut off, and {liall be fined
at the difcretion of the court in a {um not exceeding five hundred pounds ; and the perfon fo offending
Ihall be thereafter rendered incapable of giving teftimony in any of the courts of this ftate, or in any cafe
whatfoevcr, until fuch lime as the judgment fo given againft the faid offender fliall be reverfed.
Irdlflments for ^^^- "^"^ ^'^ it further enaBedy That in every prefentmeht or indiftment to be profecuted againft any
pfrjuri' how to rci"foii for willul and corrupt perjury, it {liall be fufficient to fet forth the fubftance of the offence
fee brought. chnrged upon the defendant, and by what court, or before whom the oath or affirmation was taken
(averri.ig fuch couit, or perfon or perfons to have a competent authority to adminifter the fame) toge-
ther with the proper averment or averments to falfify the matter or matters wherein the perjury or pep-
jurics is or are affigned, without fetting forth the bill, anfwer, information, indi£lment, declaration, Cft
any part of any record or proceedings, either in law or equity, other than aforefaid, and without fetting
fprth tlie cemmiffion or authoiity of the court, or perfon or perfons before whom the perjury wa»
■committed.
IV. A7xd be it further enaBed, That in every prefentraent or mdiftment for fubomation of perjury, or
An^ for ftihoT- fQj. corrupt bargaining or contracting with others to commit wilful and corrupt perjury^ it {hall be fufii-
jur'!'* ' ^^^' <^^'^^'t to fet forth the fubftanceofthe offence charged upon the defendant, without fetting forth the bill,
anfwer, information, indiftm.ent, declaration, or any part of any record or proceedings, either in law or
equity, and v.'ithout fetting forth the commiffion or authority of the court, or perfon or perfons before
whom the per] ary was committed, or was agreed or promifed to be committed.
V. And in order to prevent as much as poffible the commilTion of fuch crimes in future, B^ it further
tfiacledy Tliat when the Judges or Juftices of any of the courts within this ftate, {hall be fully convincea
'^"'y^ J".'^S- that any perfon hath committed or procured any perfon to commit, wilful and corrupt perjury, either
r* bring ns' of- ^^ ^ wftnefs, or in any affidavit or depofition to procure a certiorari, injunftion or other procefs, or in
fwders to tria!. any cafe wherein fuch oath or allirmation has been made, or the affidavit or depofition has been taken in
purluance of the laws of this ftate, it fliall be the duty of fuch Juftices, Judge or Judges, to caufe the
perfon fo offending to enter into recognizance for his appearance as in other criminal cafes,, and they {liall
dire£V the counfel a£ting for the ftate to take the neceffary legal meafures to fupport fuch profecution,
and the fupreme executive officer of the ftate for the time being may be entered as profecutor : Provided
fieverthehfsi that the Judge or Judges who direft fuch profecution, {hall not fit on the trial thereof,
CHAP. 8. Jn aB to prevent malicious and unlawful maiming and •wounding.
'T'^THEREAS feme doubts have arifen concerning the conftru£tion of an acl, entitled, " an a£t td
\f %/ prevent malicious rriaiming and wounding," made in the year one thoufand feven hundred and
1754, 15. fifty-four : and whereas it is neceflary that fuch inhuman and difgraceful pra£liees fhould meetwitli ade-
quate punilhmeiit :
I. Be it enaBed by the General JJjembly of the ftate of Korth'Carolinayand it is heriby enaBed hy the authori-
ty f the fame, That if any perfon or perfons fliall of malice aforethought, unlawfully cut out or difable the
fenalty rojTa> tongue, or put out an eye of any iicifcn with intent to murder, maim or disfigure, the perforr or per-
Iicious maiijj- fons fo oflcndirg, their tounfellors, abettors and aiders, knowing of and privy to the oifence as afore-
•»8i etc, iz\<\ flniU for thefirft offence ft-nd in the pillory for two hours, have both his ears nailed to the pillory
and cut off, and receive thirty-nine laflies on the bare back, ^d for the fecond offence {hall be and are
hereby declared to be guilty of felony, and fhall fuffer as in cafe of tVlony, without benefit of clergy ; but
that no conviftion adjudgment under this aO; ftall work a forfeiture of goods and chattels, lands and
tenements, or toiruption of blood.
II. j^nd he h/urtherenacled by the autkorky afsre/aid, Thit U zny fterfon OT perhns {hM 0^ J 701. 11
lawfully cut or flit the nofe, bite or cut off a nofc or lip, bite or cut off an ear, or difable any limb or mem- u^^i"^
ber, of any perfon, with intent to murder, * or to maim or disfigure fuch perfon, in every fuch cafe the
the perfon or perfonS fo offending, being thereof lawfully convi£led, lliall be imprifoned for the fpace
of fix months, and fined at the difcretion of the court before whom fuch offence fhall be tried.
TIL And be it fwther enaEted by the authonty aforefaid. That the above mentioned a£l,, entitled, « an a£l Re-5eal'iig
to prevent malicious maiming and wounding," be and the fame is hereby repealed after the firftday of clause.
May next.
'. IV. And he it further enaEied hy the authority aforefaid., That no perfon or perfons ihall be fubje*^: to the WI-.«n in force.
penalties infli£ted by this a£t, unlefs the offence with which fuch perfon or perfons may be charged flwU
be committed after the firft day of May next.
An aB to regulate the praBice of Phyfic. CHIP. 9
I. 1^ E it enaEied hy the General Ajfemhly of the flat e of North-Ca-^olinay and it is hereby enaBed by the authorl- . . *
J3 *^ °f^^^ Z^'"'"' '^^'^^ every perfon praftifinj as a phyfician or furgeon, fhall deliver his account i^o^^'o ^ake
or bill of particulars to all and every patient in plain Englifh words, or as nearly fo as the articles will out their ac-
admit ;' all and every one of which accounts fliall be liable, whenever the patient, his or her executors or counts &.£.
adrainifirators, {liall require, to be taxed by the court and jury of the court of pleas and quarter- feffons
of the county where the party complaining refides, calling to their aid and affiltance fuch teltimony as they
may think proper.
An aB to ainend an aBi entitled, * ah aB concerning proving tuills and granting lettertof adminijlrationy and q^^^^ 10.
to prevent frauds in the management of inteflates eflates.
WHEREAS by the fifth fe£lion of the faid a£l: it is direded, that the bonds given by adminiftrators 1715, 48.
upon the eftates of perfons dying inteftate, for their faithful adminiftration upon fuch eftates,
fhall be made payable to the Governor and commander in chief of the ftate for the time being, and Ihall
be ailigned and tranfcriberl* by him to any perfon or perfons injured, in order to mantain an acSiion theie- 'Transferred,
on, and the fame being in many inflances inconvenient and impra£l:icable : p-naps.
I Be it therefore enaBed by the General Affemhly oj thejlate of North-Car olinuy and it is hereby enaBed by the
authsrity of the fame. That from and after the twentieth day of May next, all fuch adminifhration bonds Administration
(hall he taken and made payable to the chairman of the court for the time being, and his fucceffors ^""t^k i^°& ^^
in office, which bonds fhall and may be put in fuit, at the inllance of any perfon injured, in the name of ' '
the chairman of the court, without any affignment whatever, any law to the contrary, heretofore made,
in any wife notwithflanding.
II. And be it iurther enaBed hy the authority aforefaid, That all bonds aforefaid, that are or may be taken in the goverr.-
payable to the Governor of this ftate and his fucceffors, and dire£ted by law to be affigned by him to the o-'s name, sued
party injured, fliall and may in future be fuedand profecuted in the name of the Governor, by the party ^^- ''^^ F"">'
injured, without the neceifity of fuch affignment, aay law to the contrary notwlthftanding. i-yu.e' .
An aBfir altering the oath of allegiance to theflate of Norih-CaroUnay and for dire^ittg thefheriffs to publi/h chap. lU
ths oath taken by the members of the General Afemhly.
HERE AS by the adoption of the conllitution of the United States, an alteration in the oath of 2, \Tt7, 4.
allegiance to the ftate of North-Carolina is become neceffary.
I. Be it therefore enaBed by the General Affembly of the flate of North-Carolina, and it is hereby enaBed by q. , ».
the authority of the fame, That every perfon who fliall be chofen or appointed to hold any office of truil muiontobeta'
or profit in this ftate, fhall before his entering upon the execution of the office to which he fhall have been ken by state of-
chofen or appointed, take and fubfcribe the following oath or affirmation, viz. " I, A. B do folemnly fi<^«"*
and fincerely fwear or affirm, that 1 will be faithful and bear true allegiance to the ftate of North-Caroli-
na, and to the conftitutional powers and authorities which are or may be eftablifhed for the government
thereof •, and that I will endeavour to fupport, maintain and defend the conftitution of tlie faid ftate, not
inconfiftenfe with the conftitution of the United States, to the beft of my knowledge and ability. SO
HELP ME GOD." Where fuch perfon fhall be one of the people called Quakers, he fliall take «nd
fubfcribe the foUowmg affirmation, to wit, " I, A. B. do folemnly and fincerely declare and affirm, t|(at
I will truly and faithfully demean myfelf as a peaceable citizen of the ftate of North-Carolina, that I will
12 1791 be fubjeiSl to the powers and authorities that are or may be eftabliflied for the good goremmeht thereof, j
v-«^Y-^i> not inconfiftent with the conftitution of the faid ftate, and the conftitution of the United States, either
by yielding an a£tive or pp.ffive obedience thereto ; aiid that I will not abet or join the enemies of this <
ftate by any means, in any confpiracy whatever agaift the faid ftate ; and that I will difclofe and make ]
known to the legiflative executive, or judicial powers of the faid ftate, all treafonable confpiracies which ;
I fhall know to be made or intended againft the faid ftate." I
II. y^nd he ii further enaBed by the authority aforefaidy That every perfon elected a member of the Gen* ;
This section eral Afl'embly, ihaU before he takes his feat therein, take and fubfcribe the faid oath of allegiance ap*i. ?
was intended to pointed to be taken by public officers, and alfo the following oath or affirmation, viz. « I, A. B. dofo- ]
'u'\/\t\.hJiv'^>e- ''^"^"^y ^^^ fjneerely fwear or affirm that I have not by myfelf, or any other perfon x)r perfons, either i
I ealed by loOl. dire£tly or indireftly, given or caufed to be given, any gift, gratuity, reward or prefent to any perfon or \
^^« perfons, for his or their votes to obtain a feat in the prefent General Aflembly ; and that I will not du- '\
ring my continuing a member thereof, take or receive the profits, or any part of the profits of any office ^
within this ftate, or under the United States, either for my own ufe or ufes of any perfon or perfons
whatfoevcr, otherwife than what is agreeable to the conftitution of this ftate, or fliall be allowed by law. -]
£0 HELP ME GOD," Copies of which oath the ftierifFs are hereby dire£ted and required to put up ;
at the court houfe and other public places in their refpe£tive counties, ten days before each annual elec- '
tion of members of the General Aflembly ; and alfo to read the faid oath, or caufe the fame to be read
at the opening of the poll on each day of every election of members of the General AfRmbly of this ftate, j
at the place where fuch elections are held. . ;
III. And be it further euaEled by the authority aforefauU That all members of the General Aflembly, j
Oath or affir- and all officers chofen Or appointed, or who lliall hereafter be elected, chofen or appointed, to any office •
mation fo sup- of truft ot profit within this ftate, ftiall agreeable to a£l of Congrefs take the-following oath or aihrmati- j
tm^ noftu'eu! °"' ^'^' " ^' ^' ^' dofolemnly fwear or affirm (as the cafe may be) that I will fupport the conftituti-: •
States. on of the United States." Which oath fliallbe taken by the members of the prefent General Afl^emblyimmedi- ■
ately after the ratification of this aft ; by allperfons holding offices of truft or profit within this ftate,. at the, ;
ir83, June 1st. firft county court which fhall be held in the counties in which they refpeftively refide, after the fifteenth '•
day of February next ; and by the members of all future General Affemblies, and by all other perfons -.
who ffiall hereafter be chofen or appointed to any office of truft or profit within this ftate, before they \
enter upon the execution of the office to which they ftiall have been chofen or appointed. ^
Repealing ^V. And be it further enadied by the authority aforefaidy That all laws coming within the purview and \
ckute, meaning of this aft are hereby repealed : Provided neverthelefs, that notliing in this aft contained, ffiall i
be fo conftrued as to prevent the public officers of this ftate, from taking the oaths of office prefcribed by ^1
law, ' ■' ^ i
CHAP. 12,- An aH to prevent ivllful and negligent Ef capes, and to declare the Duty of public Officers in certain Cafes. I
BE it enaBed by the General Affembly of the fate of ISiorth Carolina, and it is hereby enaBed by the author*' 'I
ty of the fame. That when any perfon charged with any crime or mildemeanor whatfoever, fliall be ^
Penalty on ' legally committed to any Sheriff, Deputy-Sheriff, Conltable or Gaoler, within this ftate, and fuch
Shcnas.&c. SheriiF, Deputy-Sheriff, Conftable or Gaoler wilfully or negligently fliall fufler fuch perfon fo charged
iuU'erir.gtelons, and committed to efcape out of his or their cuftodv, tlie Sheriff, Deputy-Sheriff, Conltable or Gaoler fo
-c, to escape, offending, being thereof lawfully convift?d, fliall be removed from office and fined at the difcrction of the .
court before whom the trial may be had ; and in all fuch cafes it ftiall be fuflitient in fupport of the ii d £1-
ment againft fuch Sheriff", Deputy-Sheriff, Conftable or Gaoler, to prove that fuch jerfon fo charged was
committed to his or hercuftody, and it ihall lie upon the defendant to fliew that fuch efcape was not by ;]
hii confent or negligence, but that he had ufed all legal means to prevent the fame and a6ted with pro- J
per care and diligence. And when a Sheriff fti ill in conlequence of a conviftion under this aft, be i'e->,f
moved from office, the Juftices of the court of Pleas and Quarter-feffions of the county for which fuch ;'
Sheriffhad been appointed, are hereby authorifed upon fuch conviftnon and removal, to eleft and nominate a,-
180^ J-, freeholder as required by law, to execute the ollice of Sheriff until the next annual elcdtion, who fhall ,'
thereupon be commiffioned by the Governor or Commander in Chief as in other cafes. Provided, That -;
- Inch removal of a Sheriff fliall not affeft his power or duty as a county Treafurer of the public revenue, but he
fljall proceed on fi^ch duty and be accountable as if fuch conviftion and removal had not been had.
II. And he it further enaBcd by the authority aforefaid. That it fhall and it is hereby declared to he a part
of tlie duty of the Attorney or Solicitor General, as the cafe may be, that v.hcn they fliall be informed
or have knowledge of any felon, orperfon oflierwife charged with any crime or cfFence aTahift tl-c ftate I79I 13
having efcapedoutof the cidlody of any Sheriff; Deputy Sheriff, Couftable or Gaoler, to take the'ne* t..*-%-0
ceffary me.ifures to profecute fuch Sheriff; Deputy Sheriff", Conftable or Gaolerfo offendin-r-; and
ior evor
fuch offence, and on all indiaments in fuch cafes, he may endorfe the .Governor for the time being 'as
profecutor.
III. And whereas frauds and deceits are often committed on the treafury and other offices of the ftate. And f^r frauds
■■-'-■--'" -..^ul.^A U^..,,r,. .U !-.:--,.__ •• . „ .. ... . , . - - ^V YJj^^ &c. committed
'' r ' 0-1 the 1
perfon ,.j,, j,..
-SoUcitor General, as the cafe may be ; whofe duty it ftiall be, when fuch fraud or deceit fiiall be an m-
■di£l:able offence, to take all legal meafures to profecute the perfon or perfons fo offending with efieO: ;
and on all iudiaments in fuch cafes the perfon in whofe office fuch offence hath been corhmitted, fliall
-be endorfed as profecutor in his public or official chara£ler.
An aa to provide a proper Seal for the Stale, and the feveral Courts of Record. CHAP li
E rt enaEied by the General AJfemhly of the fate of North-Carolina, and it is hereby enacled by the authority
I of the fame. That the Governor be, and he is hereby authorifed and required to procure for the Governor to
ftate a feal, which fhall be called the Great Seal of North-Carolina, to be ufed for attefling and autheni P"'^''"''^ ^'=^'^'
ticating grants, proclamations, commiffions and other public ads, in fuch manner as may be directed ': H'^r^?'
by law, and the ufage eftabliihed in the public offices : alfo a feal for each of the courts of record witli- Vm 19
in this ftate, for tlie purpofe of authenticating the papers and records of fuch court v/hen required.
-II. And be it further enaEied by the authority aforefaid, That the feals provided by the direftion of this How prepared.
aft, Ihall be prepared with one fide only, and calculated to make the impreffion on the face of fuch
;grant, commiffion, record or other public a6l ; and the prefent Great Seal fhall not be ufed in any "^^^ ^^- sefl'on
.cafe whatever after the feals prefcribed by this acl are procured. ^!^* ^^ "* ^^'
IV. And whereas the feals annexed to grants and other public papers are in many cafes loft and des-
troyed : Be it enabled by the authority aforefaid. That in all fuch cafes where any perfon or per-
fons may find It neceffary to have the feal of the ftate put again to fuch grant or other public papers that Lost sealshoitf
he, flie or they may prefer his, her or their petition to the Governor and Council, who ffiall, if they rephvced.
fhall deem the fame proper, after examining fuch grant or other paper, order and diredt the Secretary to
put the feal of the ftate thereto, for which he fliall be allowed the ufual fees.
An a£l to improve the InfpeElion of Flour and other Commodities in this State and to alter the hifpeclor's Fees in chap. 14.
certain Infanccs,
I. 'O' E it cnaclid by the General AffemUy of the fate of North-Carolina, and it is hereby enaEied by the atitho- Flour' ban-el
1j rity of the fame, That each barrel of flour expofed to fale in, or exported from- this ftate by land li"w much toi
X)X water, ftiall contain one hundred and ninety fix pounds of net flour, well ground, bolted and packed ; i?"m^""o'<:^*^'
and every maker and manufafturer of the fame, fhall brand In figures on the calk the net weight of the c, 1784^ 5
fame, with the firft letters of his chriftian name, and his furname at full length ; and every caflc mide to l'~39, 16,17,34,
contain flour for fale or exportation as aforefaid, fhall be made of good feafoned wood, twenty-fix inches ^"^l- "^"
in length, the heads whereof ftiall be feventeen inches In width, and fhall be bound with eight good hoops, j^gg' 03
II. And be it further enaEied, by the authority aforefaid. That every maker and manufafturer of flour 1803', 20.
ihall be obliged to nail each calk fufficlently with not lefs than fourteen nails, and a part thereof in Barrels to be
the hoops, that is to fay, four nails in each head and three In each of the laft quarter hoops ; and "-''*''' ^•
each miller or manufa£l:ui-er as aforefaid, fliali receive the fum of one fliilling for bolting, packing and
nailing every barrel of flour bolted, and diat only : And every miller or manufa£l:urer as aforefaid,
failing to perform any or all the above requlfites and duties, or tranfgreffmg the fame, fliall forfeit
and pay the fum of ten ftiillings for every barrel by him fo manufaftured ; to be recovered by any per-
fon complaining and Informing before any jurIfdi£l;lon havmg cognizance of the fame.
III. And be it further enaEied, by the authority aforefaid. That every infpe£l:or of flour fhall be obliged in,.-,e^nor's dm
to bore each cafk by him irifpecled, with a piercer of the length of the caflc, and not leis than half an ty, &c.
inch in diameter ; and fliall brand on the fame in words of full length, the quality of ihc flour, either fine
or fuperfiiie as he may judge the fame to be ; and every Infpeitor as aforefaid, fliall be allowed the fum
of fix pence for each barrel fo branded and infpe£l:ed by him ; and every infpeftor as aforefiild, fhall, if
required, give the owner of the flour fo Infpefted and branded, a certificate of the fame ; amd fh»li keep
C
Vh 1701,
Penary for a-
dultentin';. &c.
inspected lioui-.
Penalty on In-
spcljrs for
1 fglecl of du-
fer. 6 repealed
1792. 19.
Irspeiflo'-s'fees^
Pywhoinpaid,
S'.c.
Inspeilor to
hold h's office
during good be-
liaviour, &c.
Repealing
a record or book of infpaftion of all flour fo branded and infpeiSled as aforefaid, fettlng forth the owner
of th-j floir .Ti I miller's name, with the qunhty of each cade.
IV. And be It further enacled by the authority aforejald. That if any exporter or ^wner of Sour, af*
t-*r '> ■ving the fame infpefled, (hall attenpt to repack or adulterate any flour by hl;n received, either
by mixing or putting oth^-r rlour into the faid caik or calks, in order to defraud the purchafer, fuch owner
or exporter fluill forfeit and pay the fum of ten pound?, to any perfon complaining or informing, for' every
I'uch olTence, to be recovered before any juvifdiftion having cognizance thereof.
V. And he it further en.icle'l hy the authority aforefaidy That every Infpefft; or failing to perform the duties
and requifites above mentioned, fliall forfeit and pay the fum of five pounds for every offence by him fo
committed, to be recovered byatlion of debt before any jurifdiiSlion having cognizance of the fame, by
any perfon complaining or Informing thereof.
VII. And whereas tiie fees allowed to Infpeftors are in fome inliances inadequate to their fetvices r
it is hereby enacted hj the authority aforefaid. That from and after the paffing of this acl, the refpedlive in-
fpeftors ihall and may lawfully take and receive the following fees and no more : For each barrel of pork-
or beef one fhilling ; for each barrel of rice or butter eight pence ; for each barrel of fifli four pence ; for
each barrel of tar two pence ; for each barrel of pitch or turpentine three pence j for each hundred flaves
or lieading three pence ; for every thoufand fhingles three pence ; and for each thoufand feet of boards,
plank or fcantling ons fliilling : And the fee ; of infpeftion in all inftances, fhall be paid by the purcha-
ser or exporter of the article? infpeiSled. Provided always^ That when tJie purchafer and feller agree on
the difpofal or exportation of any fhingles, ftaves, heading, boards, plank or fcanthng, they fliall and
may infpe£l: the fame without calling in the aid of any InfpeiSor or Infpeclors wliatever; any law to tlie
contrary notwith (landing. And provided further., That nothing contained in this aft fhall affetl contra<Sbs
heretofore entered into for ftaves, fliingles, plank or fcantling.
VIII. And be it fuHher enacted by the authority afsrefaid, That all public Infpeclors of commodities here- :
tofore appointed, and who fhall hereafter be appointed, fhall hold their office during' good behaviour :
Provided never thelefsy That where any Infpe£lor fhall be guilty of mal-pra£l:ice or mifbehaviour in his of-
fice, on complaint being made to the county court, they fhall iiTue a citation, and caule him or them to
appear before the faid court at the enfuing term ; and if the charges (hall be fupported by good and fuf-
ficient teftimony, and confirmed by the verdift of a jury, they fhall remove fuch infpeftor from his faid
oJEce and appoint another in his ftead, who fhall hold his office during good behaviour as aforefaid ; any
law to the contrary notwitliftanding. '
IX. And be it further enaEled by the authority aforefaid. That all afts and claufes of a£ls, coming withiit
the meaning and purview of this a£l:> are hereby repealed and made void_
CHAP. IB.
Ancient titles
qniete4.
An aEi for quieting ancient titles, and for limiting the claims of the State.
WHEREAS in confequence of the lofs of original grants and deeds, and the deftru£lion of public
records, lands have been and may be entered as vacant, although they have already been grant-
ed and have been long aftually poiTefled and improved : For prevention whereof, and for quieting mens
eftates.
I. Be it enaEled by the General Affembly oftheflate of Norfh-Carolina, and it is hereby enacted by thie authori-
ty of the fame. That where any perfon or perfons, or the perfon or perfons under whom he, fhe or they
claim, fhall have been or fhall continue to be in pofTeffion of any lands, tenements oi hereditaments what-
foever, under titles derived from fales made either by creditors, executors, or adminiflrators of any per.
fon deceafed, or by hufbands and their wives, or by indorfeaient of patents or other colourable title for
the fpjce of twenty one years, all fuch pofleffions of lands, tenements or hereditaments, under fuch ti-
tle, fliall be and are hereby ratified, confirmed and declared to be a good and legal bar againll tlie entry
of any perfon or perfons, urider the right or claim of the ftate to all intents and purpofes wliatfoever ; a-
ny former a£l:, law or ufage to the contrary in any wife notwithftanding : Provided neverthelefs. That the
poffeffion fo fet up fliall have been afcertained and identified under known and vifible lines or boundaries.
•ha?. 16. ^^ '^^ ^^*'f^ing the Manner in nvhich fuch Perfons as have been or may be eviBed of Property purchafed under
the Conff cation Laws of this State Jhall be indemnified, and alfo the Manner in ivhich Payments fhall bereceiv-
^ edfrom tho/e ivho are or may be indebted to the State in any Amount of Certificates.
i\T^^^^^ it is reprefented and made appear to the fatisfaftion of the General Aflembly, that
thgfe perfon? who purghafed f roperty uud?r th« i»id CQnfifcatioa laws, have and may fuftai»
w
great damage by judgment and recoveries obtained againft tbem, for the property by them fo purchafed, 1*791 I5
or by judgment agamll them, where they have brought fuit for fuch property ; for remedy whereof, u-'-v-sJ
and to prevent fuch judgment and recovery from beizig obtained by fraud and coUufion to the injury of
the ftate :
I. Be it euaBcd by the General 4jremb!y of the State of North-Cardina, and it is hereby tiiacled by the authori- Dutv of attor-
• ■*)) of-thtfante, That in all cafes, where any perfon or perfons, having purchafed property under the con- "«>" General &c.
- fifcation laws of this ftate, fliall fue or be fued for the fame, in any of the fuperior courts of law within ing confiscated
this ftate, and in all cafes where fuits may be nov/ depending on fuch account, it fhall be the duty of the propert/-.
Clerk of fuch court to give information thereof unto the Attorney or Solicitor General, and fupplyhim
••^ith a copy cf the declaration filed in the faid fuit ; and the Attorney or Solicitor General {hall ex officio
be bound to aflift in the faid fuit, and take fuch legal precautions therein, as may appear to him beft cal-
culated to fecure the intereft of the ftate.
II. And heitfurthtr e7iaE}edy That where the perfon claiming under the ftate is the plaintifF, he fliall Suits in what
originate his fuit in the fuperior court of law or court of equity •, and if fuit te commenced againft fuch '^°"'"'s to be
peifon in any county court, the Judge or Judges of the fuperiqjr court of law for the diftri£l wherein fuch ''""S^t.
county is fituated, fhall upon motion, caufe the proceedings to be brought up before fuch fuperior court
by certiorari or other proper writ.
ni. And be it further enaSltd, That in all payments to be made from the ftate to t'.ie citizens thereof. Allowance on
on account of confifcated property fold under the laws commonly called confifcation laws, which the "rtiticates.
purchafers have been or ftiall be evi£ted of, the value of certificates fliall be and the fame are hereby declar-
ed -to be of the value of four ftiillings currency for every pound of principal and intereft, and fliall be
^ paid accordingly.
IV. And be it further ena&edy That when any perfon or perfons fhall be eviiAed of land or other proper- Manner ofob-
ty purchafed under the confifcation laws of this itate, after due trial and proper defence made agreeable ta»ni"S '*•
to this aft, it fliall be incumbent upon him or them, to prove to the fatisfaftipa of the court, that the cer-
tificates for which the lands or other property fold, were aftually paid to the officer authorifed by law to
receive the fame in behalf of the ftate ; and upon fuch proof being made, the perfon or perfons fo evifted
or injured, flii'l receive a certificate thereof from the Clerk of the court, and figned by tlie Judge or
.;"' Judges before whom the inquiry was made, and alfo fpecifying the amount of the certificates fo paid,
which fliall be a fufficient voucher to the Treafurer for paying over the amount fo certified, agreeable to
. the value of certificates as rated and afcertained by this aft, and he is hereby authorifed and direfted to
•pay tlie fame accordingly.
V. AJid be it further enabled by the authority aforefaidy That where any property purchafed under the -where confi*-
fales made by virtue of the confifcation laws has been or hereafter may be reftored by the General Aflem- cated property
bly, upon due proof being made, to the fatisfaftion of the Treafurer, that the certificates were aftually is refunded, &c.
paid by the purchafer or purchafers, he or they ftiall be entitled to the fame relief, as is provided by this aft
for perfons that have been evifted of property purchafed under the confifcation laws.
VI. And be it further enabled by the authority aforefaidy That the Treafurer fliall receive payment from Treasurer to
all perfons indebted to the ftate, agreeable to the rules, regulations and reftriftions direfted by this aft, in ''eceive pay-
cafes where the ftate is indebted to any citizen thereof. Provided, That nothing in this aft contained |u4"ors'^orthe
. fliall be fo conftrued, as to exonerate any public officer of this ftate from the payment of the money or state agreea-
cettificates by him received in confequence of the official truft repofed in him ; any thing in this aft to ^ly to this aa.
the contrary notwithftanding.
An AEl for repealing the fourth Section of an aB of Affemhly, entitled^ * an AB to amend an AB, entitled, an CHAP. 17.
ABfor opening the Land-Office, for the Redemption cf fpecie and other Certificates, and for difcharging the
Arrears due to the army, ' paffed in the year one thouf and [even hundred and eighty-four. 7 -, 4.
WHEREAS the mode prefcribed in the before recited claufe for enforciiig the payment of the fees
due to' the Secretary on the. grants for lands, hath liot anfwered the intention of the legiflature :
wherefore it is neceffary that the fame fliouldbe repealed :
I. Be it therefore enaBed by the General Affembly of the fate of North-CaroUm, and it is hereby enaBed by the Clause of w
authority of the fame. That the faid fourth fcftion of the before recited aft, be, and the fame is hereby re- i^irepialed,
pealed and made void.
16 1791
CHAP.
17S6, 12.
1787. 23.
1795, 8.
1796, IS.
1797, 14.
1798, 25.
1799, oO.
1800, 12.
1892, 20, 21.
1803, 21.
For marriage
aettlements &
contra(Ss,
^n a& for giving further time for Probate ar.d Regijlration of Bills of Sale for Slaves and Marriage Settlements.,
**"*" "^HEREAS it appears to the General AlJembly that many of the good citizens of this ftate, through
! Y y inattention or negle<^, failed to have their bills of fale for flaves proved and rcgiftered within the
time limited by law, and may thereby be much injured unlefsa longer time is given for that purpofej
and the legiuaturc ever being ready to give a juft and equitable relief: Therefore,
I. Be it enacted by the General Affembly of the Jlate of North Carelina, and ii is hereby enacted ^y the authority
of the fame, That all bills of fale for flaves, not already recorded in manner required by law, {hall have a
further time of twelve months allowed for probate and regiftration, and fliall when thus authenticated and
perpetuated, be held and deemed as valid in law, to all intents and purpofes, as if they had been proved
and regiftered witliin the time required by law 5 any law, ufage or cuilom to the contrary notwitliftaud-
ing-
II, And whereas in the firft feftion of an aft, entitled, *< An, aft, direfting that marriage fettlements
and other marriage contrafts fliall be regiftered, and for preventing injury to creditors," pafled at New-
bern in the year one thoufand feven hundred and eighty-five, it is direfted that all marriage fettlements
and other marriage contrafts Ihall be_prove«l in tlie fame rnanner as other deeds , and fhall be regiftered ;
And whereas it appears to this General Aflembly, that a number of good citizens, for wanL of fuflScient
information, have i]eglefted to avail themfelves of the benefit of the faid aft- : For remedy whereof. Be
it enacted by the authority aforefaidy That all m.arriage contrafts, which were made, formed and entered in-
to previous to the paffing of the above recited aft fhall have a further time of twelve months allowed for
probate and regiftration, and fliallwhen thus authenticated and perpetuated, beheld and deemed as valid
in law, to all intents and purpofes, as if they had been proved and regiftered within the time required by
the above recited aft j any law, ufage or cuftom to the contrary notwithftanding.
CHAP. 19. -^n act for appointing Commiffioners to extend the Boundary Line between thisflate andtheflate of South Ca-
rolina, REPEALEDy 1803, 6.
CHAP. 20.
1, 1784, 26.
Giiage, Sic, of
And pork.
An Aft to amend an ASi paffed at Hillfborough, in the Tear one thoufand feven hundred and eighty-four, entitled.
An aft to prevent the Exportation of unmerchantable Commodities. .
HEREAS by the tenth feftion of the faid aft it is enafted, that every barrel of beef or pork for
exportation, fhall contain two hundred and twenty pounds of good found and clean merchantable
meat ; and the fame being injurious to the people of this ftate and inconCftent with tlie laws of other
ftates :
I. Be it therefore enaBedhy the General Affembly of th: fate of North-Carolina, and it is hereby enabled by the
barrels orbeef.' authority of the fame. That from and after the paffing of this aft, every merchantable barrel of faked beef,
which fliail be expofed to fale in or exported from this ftate, fhall be of the guage of twenty-eight gal-
lons wine meafure, and no more, and fhall contain two hundred pounds weight of falted meat, and not
more than two (bins ,- and every merchantable barret of falted pork, which fliall be exported from or
expofed tor fale within this ftate, fliall be of the guage of twenty-nine gallons of wine meafure, and each
barrel fliall contain two hundred pounds weight of falted meat, and not moi-e than two heads : And every
half-bxrrel of beef and pork (hall be of the guage of fifteen gallons of the meafure aforefaid, and fhall con-
tain one hundred pounds weight of lalted meat, and if beef not more than one fhin, and if pork not
more than onehc?al ; fubjeft in every other refpeft to the rules, regulations and reftriftions laid down in
the faid aft : Provided always, 1 h^ this aft fliall not reach or afleft any contrafts for beef or pork here*
tofore made or entered into.
II, And be it further enacted b\ the authority afonfaid. That fo much and no more of the faid recited aft,
entitled, " An aft to prevent the exportation of unmerchantable commodities," palFed at HUliborough, in
April, one thou f".nd feven hundred and eighty-four, as is by this aft altered, amended or fupplied, be and
tlie fame is hereby repealed, annulled and made abfolutely void ; any thing therein contained to the con-
trary thereof in any wife notwithftanding.
^W. And be it further enacted by the authority aforefaid, That this aft, fo far as requires the barrels to bej
of the guage of twenty-nine gallons, (hall not be fully in force until the firft day of April, one thoufand
feven hundred and nluety-two ; and until that time it fhall be optional with the packers to have their bar-
rels of the gua^e eftabliflied by tlie former law, or of that eftablilhed by this law.
Part oF an aft
rq ealtd.
When to be in
force.
An att iireBivg in -what Manner any Per/on ivho heretofore has entered or who may hertafler enter Lands 1791. 17.
in any County ef this State, Jhall be entitltd to have his or her Money cr Certificates returned. *.*«'-v~««->
1. T^ E it enacted hy the General AjfcvMy cfthejlaie oj North- Carolina, and it is hereby enacted hy the an- chap. 21.
j|3 thority of the fame. That when the furveyor or his deputy for any county in this ftate, (hall fur- surveyor's oath
tey a lefs quantity of land than is contaitiad in the warrant directed to him from the entry taker, if the where there is
jclaimant is defirous to have the money or certificates returned for fuch deficient land, then and in that cafe, a deiiciency of
it fnall be the duty of the furveyor who furveyedor proceeded to furvey fuch warrant, to take in open '
court the following oath, to wit, " I, A. B. furveyor of the county of , do folemnly fwear or affirm, 1793 23.
as the cafe may be, that I proceeded to furvey a tra£t of land for , by virtue of a warrant 17'P4, 17.
number , adjoining the lands of , and on the compleatmg the furvey of the vacant ^i~^' ^f'
land agreeable to the location of the faid warrant, there is a deficiency of acres coiitained in the ^^rg^' jg
j faid warrant, and no vacant land wherewith the fame maybe fatisfied agreeable to the location, as all 17"98, 4.
lands adjoiaing are either taken by grants or entries of an elder date. SO HtiLP ME GOD." 1799,11.
IF. And be it further enacted by the authority aforefaid. That if it fhou'd fo happen that the v/hole of the Where prior
lands contained in faid warrant fhall have been taken by grants or entry of an elder date, in that entries exclude
cafe the furveyor fhall fet the fame forth in his affidavit, and alfo the perfon's name by whom fuch land " ^ ^°^'^^ ^^'
was fo previoufly taken up, fo that it is not in the power of the faid to get any part of his faid
entry, agreeable to the location of his warrant.
III. And be it further enaSled, That the faid claimant; upon receiving the depofition of the furveyor, may
then proceed to the entry-taker of his county, and file fuch depofition with him, upon which the entry- 5" '/^*" *, ^ *
taker fhallnotethe fame in the margin oppofitc the e itry : and the faid entry taker fliall tlien return the mo- recover his cer-
ney or certificates to the faid claimant for fuch part as the furveyor on his oath hath certified that there was tificates, h-c.
not vacant land for. Provided, That where the claimant can get no part of the faid land, he fhall alfo re-
turn the warrant to the encry-taker.
IV. And be it jurther enaSled by the authority aforefaid. That in cafe the entry-taher hath made return of Where they
any land cirfcumftanced in the manner before defcribed, and paid the money or certificates to the Treafu- ^'^^^ ^^^^ P'-"^
rer, previous to the claimant's application to him for the re-paying thereof, in that cafe the faid claimant "y°g^5 trcasu.
Ihall take the faid depofition of the furveyor, and have the fame certified by the Clerk of the county court,
which certificate of the Clerk fhall fpecially fet forth, that A. B. is or was the furveyor or deputy-fur-
veyor of the county, and the faid Clerk fhall then inclofe the depofition of the furveyor, and feal the fame
up within his certificate and the claimant upon delivery by himfelf or other perfon of tlie depofition and
certificate aforefaid to the Treafurer, fliall be entitled to receive out of the treafury as much money per
^ acre as land may now be entered for by law.
V. And be it further enaEled, That -where it (hall fo happen, that the entry taker has iffiied a warrant Marinerof pro-
to any claimant and received neither money nor certificates, but neverthelefs has made return of fuch en- where returns
try to the Comptroller' s-office, and after fuch return the claimant applies to him the faid entry-taker to have been made
be releafed from payment agreeable to the tenor of this a£l:, in that cafe the entry taker fhall releafe the to Coraptrollei%
claimant for fo much as he is entitled to •, and the depofition ot the furveyor, certified by the Clerk of the
county, fealeH up In manner before dire£led, fliall be a voucher to the Treafurer in the fettlement of his
accounts with the Comptroller, and likewife fliall be a fufficient voucher to the entry-taker for fo much
as Is certified in the manner aforefaid ; Provided neverthelefs. That this aft is not intended to relieve any
claimant, who has entered land within the territory ceded by this ftate to the Congrefs of the United
States.
VI. And he it further enabled. That the quantity of acres fet forth in the depofition of the furveybr fliall Penalty for
be wrote in words at full length, and no way blotted ; likewife the certificate of the Clerk, tranfmltted ^^^ "eposi-
to the Treafurer, fhall fet forth the circumftances in like manner ; and if any furveyor makes a falfe de- tionsi &c.
pofition, he fhall on conviftion forfeit his office, and be alfo fubje£t to the penalties inflifted for wilful
and corrupt perjury ; and the Clerk making a falfe certificate, fliall on convi£l:ion forfeit his office, and
be fubjefl; to fine and iiDprifonment at the difcretion of the court before whom fuch conviftion may be
had.
An aB to amend an aB entitled, <an Aft: to regulate the Defcent of real Eftates, to do away Entails, to CHAP. 22.
make ProvIGon for Widows, and to prevent Frauds in the Execution of laft Wills and Teftaments.' mm, 22.
WHEREAS the power given by the faid aft to widov/s, of diffijnting from their hufband's will, as
therein regulated, deranges the whole eftate, and may produce the moft unhappy and expenGve dif-
fentions and law-fuits :
D
And her pro-
portion of the
personal es-
tate, Stc.
119\. I. Beit enacled by the Genera! Ajjemlly of the Jlale of N:rth -Carolina, and it is hereby enabled ly the
authority of the fame. That when z widow has by virtue of tlie power to. her given in the faid ait, figni-
fied her diflent form her hufband's wiil, and the SherifF in confequence thereof, and by order of the court
for that purpofe made, has fummoned a jury agreeab'e to the faid adl to allot and fet off to fuch widow
her dower of her faid hufband's lands, it is hereby declared to be the duty of the jury fo fummoned, in the
firll place to e.tquire whether by the will the widow is as conveniently and comfortably provided for as if '
her dower was to be alloted to her according to the faid a£t, and if they fliall be of opinion that flie is fo
provided for, they fliall make return of the fame-, by which return the widow fliall be precluded from
any farther claim upon her hufl^and's lands, except fuch only as are devifed to her by the will.
II. And be it further enaEled, That when a jury are fummoned agieeably to the faid adi, to allot and '
fet ofFlo a widow fo diflenting as aforefaid, her part and proportion of her hufband's perfonal eftate to
which by the faid a£t fhe is entitled, the jury fliall enquire in the firlt place, if the legacy or legacies giv- ,.
en her by the will, is or are equal in value to the diftributive fliare flie would take under the faid adt, '
and if they fliall be of opinion that this is the cafe, they (hall make return that they have fo found the fame,
and the widow fliall be therewith content : But if the jury fliall be of opinion that the provifion made for '
the widow is not equal in value to luch difl;ributive fliare, and there is a refiduum of the efl;ate not given ;
away in particular legacies, they fliall allot and fet off to her fo much of the refiduum, if it confifl: of fpe--;
cific property, as will make up the deficiency ; and if the refiduum confifl; of money, they fliall aflefs the I
deficiency, and return their aflefTment to the court; upon which return the widow fliall have judgment \
for fo much againft: the executors or adminiiT;rators, with fliay of execution for fuch length of time as the
court fliall dire£l on confideration of the circumftances of fuch widow and the eftate of the deceafed ; '
and if in either cafe the refiduum is infufficient to make up the deficiency, it fliall be applied to that pur-
pofe after the payment of debts fo far as it will extend, and the balance fhall be compleated in manner as
herein after direfted.
III. And be it further enaEted by the authority aforefaidy That when there is no refiduum, or an infuffici-- ^
ent one, and the jury fliall be of opinion that the provifion made for the widow of the perfonal eftate by
the will, is not equal in value to the part or proportion to which by the faid aft flie is entitled, they fliall
aflefs fo much as will make up the deficiency ; and the Sheriff fliall make due return thereof to the next
feflion or term of the court from which the writ ifllied ; and judgment fliall be entered up againft: the ex-
ecutors or adniinin:rators, as the cafe may be, for the amount of fuch affelTment, witli fuch fl:ay of exe-
cution as the court fliall dire6l on confideration of the circumn:ances of fuch widow and the efl;ate of the
deceafed ; and where there fliall be no aflets in the hands of the executors or adrainiftrators, and they
have fully adminift:ered, fuch widow fliall have and be entitled to ifcire facias againfl: the legatees, in hke
manner as is prefcribed by law for creditors.
IV. And be it further enaEted by the authority aforefaidy That the widow fhall in relation to all creditors
geable for debts be confidered as a legatee, and be chargeable for the whole amount of her hufljand's eftate that may
Ma egatee, come to her hands, either as a legatee or in the manner by this aft prefcribed, and fliall be bound to re-
fund to the executors or adminiftratots her rateable part of fuch debts or demands as may be afterwards
fued for and recovered, or otherwife duly made appear againft: the eft:ate of her deceafed hufljand, in the
fame manner as other legatees, 'and by the fame procefs. Provided neverthelefs, That nothing herein con-
tained fliall be conftrued to fubje£t the dower of a widow in the lands of her deceafed hufljand, nor fuch
lands as may be devifed to her by his will if fuch lands do not exceed the quantity fhe would be entitled
to by right of dower, to the payment of debts due from the efl:ate of her hufband, during the term of her
life.
V. And whereas it is at prefent extremely diflicult for creditors to afccrtain the property that has come
to the hands of legatees and perfons entitled to diilributive fharesof intellates' eftates, in order to charge
them with debts, no1withfl;anding the provifion made by law that the executors and adminiftrators fhall
take bond for a proportional retribution.: For remedy whereof, Be it enaEted by the authority afcrefaid. That
executors and adminift:rators fhall at all times, with fuch bond, take and return a defcription-llft of the pro-
perty by them delivered to the different legatees and perfons entitled to diftributive fliares ; and this lift
fliall be filed by the Clerks of the courts to which fuch returns are made, with the bonds refpedtively a-
mong the records of the faid courts.
Repeahns . ^^' "^."^ ^^ it further enaEled, That all a£ts and claufes of a£ts which come within the purview and mean-
ciauje. ing of this aft, be {ind the fame ;ire hereby repealed and made void.
Widow char-
Proviso.
Dutyof exe
cutors, iic.
An aEl torepeal an aEl^ entitled^ "An ai^ to amend an adlk pa{red the lafl: feffion of the General Affernbly, 1791. 19
- entitled, "An A£t for the Relief of fuch perfons ?.s have been difabled by wounds, or rendered inca- v^i-v"*^
pable of procuring a Subfifte nee for themfelves and Families, in the Militia Service of this ftate, and chap. 23.
providing for the Widows and Orphans of fuch as have died," pnjfed at Neiv!?ern, in Oclober, one ^784,, IC.
thou/and /even hundred and eighty-four, ~, 1/84, 18.
'\\ E it enabled by the General Affembly of thejlate of North-Ca*-olinay and it is hereby enaEled by the author i-
a *y of the fame. That from and after the paffing of this aft, the before recited ad be, and the ^^ '■«pea'ed,
fame is hereby repealed and made void.
II. And be it further ena^ed by the authority aforefaid. That perfons difabled by wounds as aforefaid, or Persons dis-
their widows and orphans, {hall be relieved as dire£led by the a£l, entitled, "An a6t for the relief of =*'''^'i "^y
fuch perfons as have been difabled by wounds, or rendered incapable of procuring fubfiftence for them- ^ow" relieved.
felves and families, in the militia fervice of this ftate, and providing for the widows and orphans of
fuch as have died," pafied at Hillfborough, in April, one thoufand feven hundred and eighty-four.
An aEl to amend an a5l, entitled, " An Aft dire£ling the Mode of proceeding againft the real Eftate o£ cHAP. 2^.
deceafed Debtors, where the perfonal Eftate is infufficient for the payment of the Debts." 2 1784 11
WHEREAS the faid aft has directed no mode for creditors to proceed in where there fhall be no '
heirs or devifees of the deceafed, or where the judgment is obtamed out of court :
I. Be it enaEled by tht General Affembly of the ftate of Ncrth^Carolina, and it is hereby enaEled by the authori- Manner of
ty of the fame. That in all fuits at law, where the executors or adminiftrators of any deceafed perfon fliall proceeding a-
_ plead fully adminiftered, no afTets, or not fufficient aflets to fatisfy the plaintiff's demand, and fuch plea S^'^^st vnAcz-
~ihall be found in favor of the defendant, the plaintiff may proceed to afcertain his demand and to fign s^ou^of the*^""
judgment ; but before taking out execution againft the real eftate of fuch deceafed debtor, if there be no trustees of the
heirs or devifees of the ellate, upon afhdavit made by the plaintiff, that to the beft of his knowledge the university, &c
perfon deceafed died feized of or entitled to certain real eftate therein to be defcribed, which real eftate
has Cnce come to the pofTefTion of the Prefident and Truftees of the Univerfity of North-Carolina, a writ
or writs of fcire facias fhall and may iffue againft the -jj^-refident and Truftees aforefaid, to be ferved on
their attornies or agents, or either of them, fuminoning them to fhew caufe why execution fliould not
'-ifTue againft the real eftate for tjie amount of fuch judgment or fo much thereof as there may not be per-
fonal alTets to fatisfy. Provided always, that the faid Prefident and Truftees fhall, upon fuch fcire facias,
be let in to conteft the merits of the original action ; and if judgment ftiall pafs againft the faid Prefident
and Truftees, execution fhall and may iflue againft t^ real eftate of the deceafed debtor for the amount
of fuch judgment.
II. And be it further enaEled, That the Prefident and Truftees of the Univerfity of North-Carolina, President, &c,
fhall be fubje£t generally to the fame procefs, judgment and execution, for the whole amount of the re- I'-'^'e '" I'i^e
al eftate of any debtor deceafed that may come to their hands, that the heirs of fuch debtor, had he or heirT'&c.*
fhe left heirs, would have been fiibjecEl unto ; and fhall be anfwerable to creditors, out of the funds of
the Univerfity, for the value of fuch lands as are by them fold, aliened, or made over for the ufe there-
of.
III. Andbe it enaEled, That when it fhall happen that an*' execution is in the hands of a Conftable, in
confequence of a judgment from any Juftice of the Peace out of court, againft the executors or admi- 1^°" g\^gp^,[°j,
niftrators (as the cafe may be) of a deceafed debtor, and fuch execalbrs or adminiftrators^ fhall deny that on real estate
they have afTets to fatisfy the fame, it fhall be the duty of the Conftable to levy the execution on the ^^ '^^^fe are no
real eftate of the deceafed debtor, and make return of fuch his proceedings to the neit enfuing county
• court ; but before the faid court fliall make order for felling the faille, a writ or writs of fcire facias, fhall
iffue -againft the heirs and devifees of fuch deceafed debtor -, or in cafe there be no heirs or devifees,
againft the Prefident and Truftees of the Univerfity of Norfh-Carolina, under the fame regulations and
teftridtions as herein before directed in cafe of judgment obtained in courts, fuinmoning them to appear
and fhew caufe why fuch real eftate fhould not be fold.
assets, 8tc.
CHAP.
An aEl to prevent Councillors of fate from being eteEled Members of the General Afembly 'and from taking a
feat in either Houfe, during the Time for which they f jail have been chofen or appointed to aEl as Councilltrs
!• ^^-^ '^ enaEled by the General Affembly of the fate of North-Carolina, arid it it is hereby enaEled by the aw Const, 525.
thority of the famey I hat from and after the palling ofthisad, no perfon or perfons hereafter
20 1791 appouited as a Councillor or Counc'iDors of State, accepting and qualifying to the fame agreeably to the
^^T^ ^^^' ^ ^"^ conftitution, {hall be eligible in any wife whatever to a feat in either houfe of the G'>neral
stri',eii5rbie A<rembly, during the time for which he or they were fo appohited ; any law, ufage or cuftom to the
as msmber of contrary notwithltandmg,
*ssem')ly.
CHAP. 39. j„ „^ f^ „^„g^ p^„j, ofRohefon to Cutnherhnd Ccunty.
WHEREAS the annexing part of the county of Robefon to Cumberland, would tend to the eafo
and convenience of thofe who inhabit the fame :
I. Be it therefore ena5led by the General Affembly of the Hate ofNortly-Carolina, and it is hereby enaSled by the
authority of the /ame. That from after the paffing of this aft, all that part of Robefon county included iii
the followmg bounds, to wit, Beginning at the mouth of Colecamp branch, thence up faid branch to the
mam road from Lumberton to Fayetteville, thence a direft line to the bridge acrofs Great-Rockfifh be-
low Leggit's plantation, thence up faid Rockfifh to the line of Cumberland countv, be and the fame is
hereby annexed to and fiiall be and remain a part of the county of Cumberland, Provided, That nothing
herein contained fhall be underftood to prevent the Sheriff of Robefon county from coUeaing all taxes
due in that part of the county whi<;h comes within the defcription of this aft.
■* -«- u " ^^ *" '^°"fi'^^'^ ^^^ proceedings of the county courts of the djJlriEts of Halifax and Edenton.
TTTHEREAS the alterations of the courts by the laft fefllon of the General Affembly at Fayetteville,
.■Xy. has produced great confufion and irregularity in the courts of pleas and quarter feffions of the
^^^^ diftnas of Halifax and Edenton : o ^ r -i
rocM mgs of J. Be it thereforeenaaed by the General Affembly of the State of North-Carolina,andit IS herebyenaaed by the au»
thonty ofthefameyThzt all the proceedings had in any of the courts of pleas and quarter feClors of the dif
tnas aforefaid, fince the laft feffion of the General Affembly, are hereby confirmed and held valid i
any irregularity therein as to the time of holding the fame, ©r law to the contrary, in any wife notwith*
itanding. '
Part of Robe-
son annexed to
Cumberland.
2d. sefl. unne-
cessary to be
inserted.
CHAP. 43.
1790. 7,
certain courts
•oofirmed
47.
CHAP
1793. 5.
1798, 79.
1801,71.
Glasgow and
l.enoir coua.
t.es eredied.
Glasgow caU
led Green.
1799. 39.
Lenoir Court,
when held.
CHAP. 52.
Buncombe
count/ ereil^d.
_ ^n aH for dividing the county of Dobbs.
X^Tz"^^^^ ^* '^ neceffary for the peace and good order of the inhabitants of the county of Dobbs,
V V . that the fame (hould be divided :
I. Be It therefore ena^edby the General Affmhly of^Jlate of North-Carolina, and it is hereby enaBed by the au-
thonty of the fame, Th^t from and after the pffmg of this ad, the faid county of Dobbs be divided, by run-
mg a direa line from where the dividing line between the faid county of Dobbs and Wayne county croffes
Bear creek, to the head of Wheat fwamp, a little above Richard Hodges's, then down faid Wheat
fwamp to William Kiilpatrick's, and from t;hence a direcl line to the Craven county line, oppofitethe
niouth of Little Cotentnea ; and that all that part of the late county of Dobbs, lying fouth and foutheaft
ot the faid lines, be held and deemed a diftinft county, by the name of Lenoir \ and that all the remain-
der of the faid late county of Dobbs, lying north jjnd northeaft of the aforefaid lines, be held and deem-
ed a diftina county, by the name or Glafgowi'
II. And for the due adminiftratiou of juftice, Be it enaBed by the authority aforefaid. That the courts
for the faid counties of Lenoir and ^afgow fliall be quarterly held by the Juftices thereof, that is to fay.
The county of Lenoir on the firft Mondays of January, April, July and Odober, at the court-houfe in
Kmfton, where the fame is hereby permanently fixed.
IThe remainder except the ninth feSlion, unnecefjary to be inferted"]
IX. And be it further enaEied by the authority cforefaid. That the courts of Lenoir and Glafgow counties,
|hall appoint three jurors to attend at every fuperior court that fliall be held fior the faid diftriO. [New-
bern.] *
An aEl forming the iveftern parts of Burke and Rutherford counties into afeparate and diflinB county,
^^T'HERE.-is the weftern parts of Burke and Rutherford counties are very inconvenient to the
V V CQurt-houfes in the faid counties, which renders the attendance of jurors and witneffes very bur-
thenfome and expenfive, and almoft impoffible in the winter feafon ; and in order to remedy the fame,
I. Be it enaBed by the General Ajembly, of thf fate of North- Carolina, and it is hereby enaBed by the
cuthcrityoftke/atne. That all that part of tjie counties of Burke and Rutlierford, circumfcribed by the
fol!owin<» line!, viz. Be5!;inning'on the extreme height of the Apdrichian mountain, where the foutherti 1791. 21
boundary of this ftate crofibs the fame, tlience along the extreme height of faid mountain to where the i.,«-»>/^*J
road from the head of Catawba river to Swannanoo crofles, then along the main ridge dividing the wa- ^•J:^^'^- in-
ters of South-To2 from thofe of Swannanoe unto the great Black mountain, then along faid mountain to \'y^->' ~I-
the north eaft end, then along the main ridge between South Toe and Little-Crabtree to the mouth of i. irst/ rs.
faid Crabtree creek, then down Toe river aforefaid to where the fame empties into the Nollichuckyrlver, irS6. 43.
then down the faid river to the extreme height of the Iron mountain and cefTion line, then along faid ^^^'^' "^^
cefTion line to the fouthern boundary, then along the faid boundary to the beginning, is hereby ere£led
into a feparate and diftinft county, by the name of Buncombe.
II. And for the due adminiftration of juHice in the faid county of Buncomhe, Be. it Juriber ena&ed
by the authority aforejaid. That the Juftices nominated and commiflloned in the faid county of Buncombe,
(hall hav?the fame powers and jurifdiilion ag the Juftices of the Pe<ice have in any other county in this
ftate.
III, And he it further enadiedf by the authority aforefaid^ That the court for the faid county bf Buncombe Courfs whe»i
ftiali be conftantly held on the third Mondays of January, April, July and Oi^iobef, and their firft court and whereheld
fhall be held at the houfe of William Davidfon, Efquire, on Swannanoe ; but the Juftices of the faid
court may adjourn to any other place more convenient, until a court houfe fhall be built.
' . [^Ihe ranainder, except the thre.e laji feaions, unnecejfary to he inferiedj^
X. And be it further enaBed by the authority aforefaid^ That the court of the faid county of Buncombe Jurors forBini^
Ihall appoint five jurors to attend at every fuperior court for the diftri£t of Morgan. combe,
j XI. And whereas the county of Burke appoints fixteen jurors to attend the fuperior court ; which in Jurors for
i juftice ought to be altered agreeable to the part taken off each county: Be it therefore enaciedhy the authoi'ity Burke.
aforefaid. That the court of Burke, from and after the palling of this aft, fhall appoint twelve jurors to ^^^^^ "
attend the fuperior court, and Rutherford ten jurors to attend the faid court, any law to the contrary 1792, 33#
notwithftanding.
XII. And he it further enaBed by the authority aforefaid^ That the county court of Burke fhall be con- Courts for
ftantly held on the fourth Mondays of January, April, July and Oiflober : and the county court of Wilkes ^"r,^* *"^j^
on the Monday following the fourth Monday of January, April, July and Oftpber, jjelj^ ^
An act for dividing Cafiuell County. CHAP. 53,
BE it enaRed bythe General Affeinblyofthefiateof North Carolina and it is hereby enacted by the authority 1, 1777- 17.
ofthefamey That from and after the firft day of Feoruary next, the county of Cafwell fhall be
equally divided by a line already run, beginning on the Virginia line, and running from thence foutli to
tlie line of Orange county.
^ II. And he it further enacted. That all that part of faid county lying weft of the line aforefaid, including Caswell divl<f«
the four weftern diftrifts, fhall continue and remain a diftinft county by the name of Cafwell ; and that ^^g^^^j ^^^^^
all tiiat part lying eaft of faid line including the four eaftern 4iftri£ls, fhall be ereded into another difr-
tin£l: county bv the name of Perfon.
\The remainder t except the laflfeclion, untie cejfary to be infertedr\
VII. And be it further enacted. That the Juftices of the county courts of Cafwell and Perfon fhall each 17P4, Mi
appoint four freeholders, to ferve as jurors at the fuperior courts for tlje diftricl of Hillfborough j and Juror*,
the faid cojinties fhall compofe part of faid diftrid:.
An net for altering the time of holding the county courts of pleas and quarter feffions, in the count'i of Curriturh, CH AP. C4'.
for empoiuering the wardens of the poor to lay a further tax for thefupport of the poor in faid county, and for e/-
tahl'fiynig a feparate general mufer in the fame.
WHEREAS the time at prefent for holding county courts 6f pleas and quarter fefhons for thecoun- ^''^^» ''»
ty of Currituck, has by experience been found to be inconvenient and injurious to the inhabi-
tants thereof:
I. Be it therefore enabled by the General Affemhly oftheflate of North Carolina, and it is hereby enaEled by
the authoity of the fame. That the courts of pleas and quarter-fefTions for faid county fliall, after the next
' court, be held on the laft Mondays in February, May, Auguft and November in each and every year •, ^°^f^ ^'''^«»
and the firft court after March term, one thoufand feven hundred and ninety-two, ftiall be on the laft ^ '
Monday in May next ; to which time all matters and things fhall ftand adjourned from the court which
fhall be next in courfe after the patfing of this aft, and fliall be firm and valid in law ; any thing contrary
hereto notwithftanding. \The refl unnecejjary to be inferted."]
E
22 i79U
THE TITLES OF THE PRIVATE ACTS.
£6 An a^ to amend! an afl declaring what fences are sufHcient,
and to provide a remedy for abuses, so far as relates to
tiie nortJi-east side ot the North-west branch of Cape-
Fear riv€r,in New. Hanover count)-,
27 An aft to revive an aft for destroying wclves, wild-cata,
&c, in tlie several counties tlierein mentioned,
28 An aft to amend the ieveral afts for making and keeping in
repair the cause-way opposite to Wilmington,
29 An aft to amend a.n aft to regulate and fix the prices of in-
spefting and coopering toba-.co at Fayetteville,
30 An aft to allow the county of Currituck a separate eleflion,
31 An aft for the further regulation of the town of Newbern,
32 An aft to establish a seminary of learning in the town of
Watks!x>rough, in Anson county,
33 An aft for levying a tax on the inhabitants of the county of
Berrie, lor the purpose of building a house in the said
county for the reception and employment of the poor
, thereof,
34 An aft to authorise the wardens of the poor in the county of
Jlartin to lay a further tax for the support of the poor of
said county,
35 An aft to amend the several afts of Assembly now in force
for the regulation of the town of Fayetteville,
' 56 An aft to amend an aft, entitled, " An aft to make Cross-
Creek navigable,"
37 An aft to alter the names of certain persons therein menti-
oned,
38 An aft to incorporate a fire-companv in the town of Fayette.
viUe,
40 An aft to improve the navigation of New-River in Onslow
county,
.4,1 An aft to prevent the obstruftion of fish running up New-
River in Onslow county,
42 An aft for establishing an academy in the county of Onslow,
44 An aft to empower the county court of Duplin to lay ahigh-
er county tax, and to amend an aft " for the building a
court-house in Wilmington, for the distrift ofWilniing-
ton,"
45 An aft to amend an aft for the better regulation of tb^town
of Tarborough,
46 An aft to emancipate certain persons therein name ^,
48 An aft to carry into effeft an aft passed at FayetteviUe, in
1788, to amend an aft passed at Hillsborough, in 1783,
" to vest certain lands in fee simple in Richard Hender-
son aiid others," &c.
49 An aft for cutting a canal from Adam's creek, &c.
50 An aft for altering the names of Ann Willie and others,
51 An aft to establish an jnspeftion of tobacco at Greenesville^
en Tar-Uiver,
Read three times and ratified in
tUJS 19th January, Anmo
54 An aft to amend an aft, '* for ereftingan acaden^ at War-
renton," passed in 1786,
55 An aft to authorise W. Wall, late Sheriff of Richmond, to
colleft a tax, &c.
56 An aft to enable the Sheriff of Beaufort to hold an eleftioi*
for^Vardens of the poor, i
57 An aft to empower the county court of Rowan tolay a hi^-j
er county tax, ")
58 An aft for the inspeftion of tobacco at Ske!«rarkey, Sec. _ '
59 An aft levying a tax to repair the court-house in the Tdistriftr-
of Edetiton,
60 An aft to incorporate a fire company in Wilmington and E-
denton, and for altering the times of holding the courts
of pleas, Sic. in New .Hanover,
61 An aft to pardon Frederick Ward and T Garrett, &c.
62 An aft for laying out a town on the lands of A. Avera, Sec.
63 An aft for granting to tlie inhabitants of Portsmouth, Oca-
cock and Cedar Island a separate eleftion, Stc
65 An aft to establish two places in Hyde for holdmg general
musters,
66 An aft for fi;ring the place of the court-house in Montgo-
mery, erefting the same, establishing a town. Sec. ;
67 An aft to alter the time of holding eleftions in Brunswick]
county,
68 An aft to improve the navigation of the North-west branch^
of Cape-Fear river, '
69 An aft to establish a tobacco ware-house ^'n Fayetteville, and
to erapowrer the county court of Cumberland to appoint
Inspeftors to the same;
?0 All aft to establish a town laid out by Robert Blood worth, •
deceased, on the south side of the North-east river, in
the county of New-Hanover,
71 An aft to empower the county court of Randolph to lay a
tax for building a prison at the court-house in said county,
and appointing Commissioners for the same, -
72 An aft to empower the county courts of Caswell and Person-
to sell the court house and lots thereunto belonging in'*
Leasburgh, and to appcMnt Commissioners to settle the
accounts due to and from the county of Caswell,
75 Anaft to establish a town at the court house in Hyde county,
74 An aft for levying a further tax in the several counties of •
Morgan dis'rift, to defray the remaining expence of build* i
ing a court house, prison- Sc stocks, -<
T3 An aft to empower the county court tolay a further tax, toi
reimburse the Commissioners the money by, them ex-j
pended in erefting the court-house, prison and stocks hi|
the county of Rockingham, I
General Assembly,
Domini, 1792,
Wm. LENOIR, S. S.
S. CABARRUS, SH.C.
At a GENERAL ASSEMBLY, begun and held at Newbern, on the fifteenth 1792. ss
Day of November, in the Year of our Lord One Thousand Seven Hun- ' '
dred and Ninety-Two, and in the Seventeenth Year of the Independence martin, Esq.
of the said State : Beil^g the First Session of the said Assembly. covemor.
Tin aB for raifinga revenue for the payment of the civil UJ} and contingent charges of government for the year chap. I,
^ our Lord one thoufand f even hundred and ninety-three. TEMPORARY.
An aEi to amend the revenue laius ofthisflatey and to direEl the mode in which thofe luHo hereafter Jhall complain chap. 2.
of its judgments may obtain redrefs.
WHEREAS the due colleftion of the taxes and of the arrears due the ftate, is impeded by the manner Ante p. 6. and
in which injunftions and other procefs iffuing from the courts of equity are obtained by public debtors : aftscite'd.
I. Be it therefore enaBed by the General Ajfembly of the fate of North Carolina^ and it is hireby enacted by
the authority of the fame ^ That no injunftion bill or other procefs in equity, requiring a ftay of any executi-
on obtained againft a citizen or citizens on the part of the ftate^ fhall be granted by the Judges thereof,. Manner of ob-
or any of them, until the complainant or complainants fliall firft produce a receipt from the public Trea- taining injunc
furer, fliewing the a<fi;ual"payment and difcharge ia full of all fuch part of the judgment obtained as afore- "°"^' ^*-"
faid as he or they by their bill of complaint fhall not on oath be ready to declare is unjuft.
II. And he it further ena5ied. That all injun£tions and other procefs which may hereafter be obtained v;here i-eturna-
as aforefaid, in confe(^uence of judgments to be had by the ftate, fhall be returnable and retained to the ^^^' ^•'^'
court of equity for the diftri£t of Hillfborough, and the hearing and decree in fuch cafes ftiaU be had in
that court on'y; -
III. And be if further enaSfed By the authority aforefaid y That the Judges of the fuperior courts of law Certain causes
and equity in this ftate, fhall, upon motion of the Attorneyor Solicitor- General, order all injun£l:ions and removed,
other caufes of the nature aforefaid, wherein the ftate by its officers is a party, now depending in any of
the feveral courts of equity in this ftate, together with all papers and documents in the faid courts relating
thereto, to be transferred and tranfmitted to the docket of the court of equity for the diftriO; of Hillfbo-
rough, there to be proceeded on and finally determined.
IV. And be^it further enaHedy That it fhall be the duty of all Sheriff's or coroners, upon receiving any ex- Duty of She.
ecution at the inftance of the ftate, to proceed to advertife the property levied on, for fale, on the fecond V^* °" execu.
day of the court of his county next preceding the time when his return is to be made, and fhall expofe ^^2ii:° ' *
the fame for fale on the faid day at fome moft public place near the court-houfe of the faid county, and 1798, 3.
not more than ten rods therefrom, from the hour of ten of the clock in tlie morning until three in the af- Partly repeal-
ternoon, and fhall publicly cry the fame for at leaft one hour ; and it is declared to be lawful for the faid ed, 1802, 19,
Sheriff, and he is hereby required to ftrike off and make title to the faid property fo expofed, though
there may not be morethan one bidder therefor •,- and thar if on the fecond day of the term there be no
bidder, then he is to continue to expofe the fame from day to day during the term until a fale is made. x
v. And whereas it is proper that real eftates be fubjecH: to the payment of taxes when no perfonal pro-
perty is found, and that the exifting revenue laws of this ^ztehe amended: Beit therefore enaShd by the
authority aforefaid. That for the future any perfon or perlbns failing to pay either by themfelves or through Landsdistraia-
Others,, the public taxes for which they may be liable^ in due time and according to law, and having no able tor ta.veb.
vifible perfonal property on which the Sheriff can diftrain, but being poffefled of lands within the county
■where fuch taxes became due and payable, it fhall and may be lawful for the Sheriff of fuch county, and
he is hereby required to diftrain on fuch lands, and to fell the fame or fo much thereof as fhall be fufficient
for the payment of the taxes due, and the cofts of fuch fale ; and fhall convey the lands fo fold to the
purchafer or purchafers, which conveyance fhall be good and valid in law ; the lands fo to be fold being
^ firft advertifed for fuch lengtli of time as is by law required in cafes of execution.
VI. And be it further enaBed by the authority aforefaid. That any perfon or perfons who have for the Purchaser lia-
year one thoufand feven hundred and ninety-two returned, or who fliall at any time hereafter return, as ^'* ^°'' ".''^^-
S4i 1792. his, her or their taxable property, any land In this ftate, and fhall fell and dlfpofe of the fame before the
V-v^*^ public taxes due thereon lliall have been paid, and fhall rennove out of the county in which fuch lands fhall
have been fo returned, leaving no perfonal property therein, the perfon or perfons purchafing fuch lands
fhall be fubjedt to the payment of all the taxes due thereon, and fhall be proceeded againfl as if he had
originally given in the fame ; It being at all times underftood that the Sheriff making fuch fales flrall be
accountable to the owners of the lands for ail monies which may come into his hands over and above the
funis due for public taxes aforefaid.
Sheriff to an- ^^^^' And whereas it hath happened that from the negleft of the Juftices.of the Peace to appoint aflef-
point assessors fors, the owners of town property in fundry counties have failed to pay that tax for the fame for which
uf townpropei- bylaw they were liable ; Be it therefore enacted by the authority aforefaid. That in all cafes where fuch ne-
Tus^cesnes^ g^*^*^ of the Juftices may happen, it fhall be the duty of the Sheriff of the county, and he is hereby author-
lea, &c, iied and required to appoint three freeholders, being inhabitants of fuch county, to alTefs the town proper-
ty within the fame j for which purpofe they fhall be fworn *, and whofe aflefTment- when made and re-
turned to the court, fhall be equally valid as though the perfons who made it had been appointed afTefTors
by the court for that fpecial purpofe^
CHAP. 3. yln a£l to amend an a5l, entitled, An a£l: to compel certain ofRcers therein mentioned to publifh the appli-
cation of the public monies and allowances for infolvents.
1786, 16. "W THEREAS the before recited aft does not direft in what manner fettlements fhall be made by the
1793, 14. V V county Trullees, and it may fo happen that large fums of money may be paid into their hands,
and it bemg but juft that fome regular mode of fettlement fhould be pointed out, as well for the jufllfi-
catJon of the faid Truftees as for the benefit of thofe having juft claims for county money:
County Trus- J. £g // therefore enaBed by the General Affembly of the fiate of North-Carolina, and it is hereby enacledhy the
their'acajutiu '^'^^k°'''^y "J the fame. That at the firft court in each refpe£live county in this ftate, which fhall be held
&c. ' after the firft day of June next, the county Truftees of their refpeftive counties, fhall make fettlements
with the court, in which they fliall render an account of the whole of their receipts and expenditures,
under the penalty of two hundred pounds, to be recovered by aftion of debt, and fhall account in like
manner and under the fame penalty every year thereafter.
II. And whereas by the third feftion of the above recited aft, the Wardens of the poor are required
under a penalty of one hundred pounds, to publifh an account of the monies received and expended for
the fupport of the poor in each county, and it being reprefented to the pi-efent General AfTembly that in
many counties they fail to do the fame : Be it further enaBed by the authority aforefaid. That in fuch
^^''^m V°f'^^ counties as the Wardens of the poor fhall hereafter fail to publifh an account of the receipts and expendi-
they do not tures of monies for the fupport of the poor as required by the aforefaid aft, the Attorney or Solicitor aft-
publish their ihg in behalf of the ftate In fuch county. Is hereby required and enjoined to Inftitute fuit in the name of
the Chairman of the court for recovery of the penalty as direfted by the fald aft,.
accounts.
CHAP. 4. An act to effect jti/lice to the honefl foldier, and to the nvidow, orphan, heirs and reprefcntatives of the officers ^
non-commifftoned officers and privates of the late line ofthisflate. ■
WHEREAS many army claims have been drawn by perfons unauthovlfed by the real claimant, and
the perfons who have drawn the fame not generally known, to the great injury of the honelt
claimant, and to manifeft evil to the ftate :
Agent to make I. Be it therefore enacted by the General Afcmbly of the fate of North Carolina and it is hereby enacted hy the
coums'slnlcr' "'^^^'^'^^ of the fame. That the Agent of this ftate for the fettlement of its accounts with the United
at Halifax, Sic States, do, on or before the firft day of April next, make out and tranfmit to the Comptroller, an accu-
rate lift of the names of ,the officers, non-commiffioned officers and privates, and others, who had their
accounts fettled at Halifax, by the Commiffioners for fettling the army accounts, in the year feventeea
hundred and eighty- tliree, with the fums drawn in due-bills and certificates, and by whom drawn or re-
ceipted for.
And ofthose jl. ^^^ beit further ena&ed, That the Agent aforefaid do in like manner make out and tranfmit to tlie
Newbernand Comptroller aforefaid, on or before the fald firft day of April next, an accurate lift of the names of the
elsewheje, S;c, officers, non-commiffioned officers and privates, and others, who had their accounts fettled by Hawks
and Coor, at Newbern, in the year or at any other time, by any Board or Boards, or by rc-
folution of the General Afiembly, diftlnguilhing the fums drawn, and by whom drawn or receipted for,
e;icept only thofe drawn at Warrenton in the year feventeen hundred and eighty-Hx.
III. And ke it further £m^ed, ThattheAgeftt aforefaid do in like manner ti'aiifmit to the. Comptroller 1792. 2$
on or before the faid firft day of April next, an accurate and authentic lift of the names of the perfons ^--'v^O
and the amount of the final fettlements, together with the names of' the perfons who receipted for or a!-,c. al'st of
drew the fame from Robert Fenner, Efquire, late Agent for the continental line of this ftafe, ''^^ '••»'■ seiile-
IV. And he it further enaBedy That the Comptroller Iha 11 on receipt thereof, that is to fay, on the re- '"^"'^'
ceipt of the faid lifts, immediately proceed to arrange the names therein contained for pay due them p"*^' ,^^^1^^
ja alpliab.etical order, and annex to the faid nasnesrefpeftively the fums drawn, diftinguifiiing the due- recciviVi^ sajd
iiils, certificates and final fettlements in different cclyn\ns, together with the name of the pevfon who re- lists,&c.''
eeipted for and drew the fame j and include in the faid lifts fo by him to be arranged, the fettlement made
M- V/arrenton, in the year feventeen hundred and eighty-fix, and^he fettlement made at Hiiliborough in
^e prefant year, diftinguifiiing eijch of tlie faid fettlements by a column, containing Ha, for Halifax,
a. for Hillfborough, N. for Newbern, W. for Warrenton, R. for Refolutipn of the General Aflembly,
tand^fo on ; in which ift by him to be made out he fliall alfo include the final fettlements delivered by
the Treafurer, by the late Comptroller, and by himfelf.
V. And he it further enaEledy That v/hen the Comptroller fhall have made out the faid lift, that he fl^all Lists to be
^ye paelmn4re4,aij4 twenty (Copies thereof printed at the expence of the ftace, and ftiall tranfmit two P""'?'^'^'^*
5epi§^ thereof ;t,o t|\p JC|eck o^ eadi county court refpectively within the ftate ; one of which copies fliall be
kept by the Clerk as a record in his office, and the .other fliajl be fubje£t to the infpection of any perfon
.^illing.to examine the foroe.
yj. And be it fu/tjoer enaciedy That the copy of faid lift fo to be kept of record, {hall be taken and deem- Which shall
ed as evidence in all fuit§ whLfh m^iy arife in the premifas between individuals. Provided neverihetcfsy •'e kept of re.
T'hat th^ defendant may in all cauCes, when fuit ftiali be inftituted againft him for fuch due-bill, certifi- '
S^\^ o\ final fettl^-ment, faid in the faid lift to be drawn by him, have leave to produce evidence that the
fanxf W¥> npt draAvn by him, or if drawn or receipted for by him, have leave to produce evidence that the
4arn.e was 4.rawn by proper power^or transfer, or that the fame had been fairly fettled with the real
.i^^WAijflt, f}^ereJltempor(ti-yandhashadits^e£i. ,
Atn.aB to amend an aElymtiiledy An aft to prevent th^e ftealing of flaves, or by violence, fedudtion or any o-
ther means.taking or carrying away any fl^ve or^aves the property of another, and for other pvirpofes
therein mentioned.
WHEREAS the above recited aft hath been found infufficient to prevent the Iniquitous praftice of 1779, IJ.
carrying and conveying ilaves put of this ftate :
I. Be it enaSledhy the General AJJhnhly ofthejtate of North-Carolinay and it is herehy ena&ed by the authori- Penalty on
ty ofthefamey That from and after the paffing of this aft, if any mafter or commander of any fliip or vef- '"^^^'^''^ of ves-
fel trading within this ftate, ftiall carry and convey out of the fame on board of any fuch fliip or veflel a- in-^oii' £cc.''*
By negro or mulatto flave or flaves, the property of any citizen or citizens of this ftate, without the con- slaves,
fent in writing of the owner or owners, his, her or their guardian or guardians of fuch flave or flaves p're-
jvJDuiLy obtained ; or fliall take and receive on board of an^ fuch vefl^el or fliip, any fuch flave or flaves, or
permit or fuffer the fame to be done with the intent and for the purpofe of carrying and conveying fuch
flave or flaves out of this ftate, or fliall wickedly and willingly conceal or permit to be concealed on board
.of .a»,y -fueh Ihip or veiTdl any n^gro or-raiilatto flave or flaves, who ftiall or may hereafter abfccnd from
Aus, her or ^their mafter or miftrefs, being citizens of this ftate, with the intent and for the purpofe of en-
abling fuch flave or flaves to efteft his, her or their efcape out of this ftate, every fuch mafter or corn-
.j©jandejf of any fuch .fliip or veflTel fc cai'rying and conveying, or fo taking or receivmg or concealing, or
iCaufing or pea.-t»itting the fame to be done w^ith an intent as aforefaid, ftiall be deemed and taken to be
-guilty of felftny, and fliall fuffer death as a felon without benefit of clergy.
An a& ta amend thefeaunth fectipn ef an acty entifjedf An aft to explain, amend and fupply the deficiencies of chap. 6.
an aft, paflied laft .^ffembly at HiliiboKough, 60titled,An ^ft to regulate the defcent of real eftates,
to do away entails, to make provifion for widow's, to prevent frauds in the execution pf laft wills and 2,1784, 10,
tellaments, and for direfting how deeds of gift and bills of lale of flaves ftiall be executed, authentica-
ted and perpetMatpd„ pd^ed gi.lifj^wberp.^ ^ (^aff^.^ \t^ tji^. ^e^ir -qm thotifapd fvfn hundred and eight y-
'Ia! JpyB.,ii4m<^e4iky\iI^e Gtm^ ^North-Carolina, and ilk hereby enacted by. the ^- of^sbves^de*
ih(riijliql[M£iJmia'^\MM^ pf flaves ^«>/;a/i/^ niade, and accompanied With the ^^ftiaal-dell-clawa valid
26
Registry of
(slaves where
to be niade.
Proof of titles
of slaves how
admitted, &c.
1792. very of the flave or (laves to the purchafer, and w^hich would have been held good and valid before the
paffing of the faid recited adl, fliall be and the fame are hereby declared good and valid without any bill
offale. •
II. Be H further enaElid^ That when any (ransfer or conveyance of any flave or fl?.ves fhall be in writing,
fuch writing, after being legally proved, fhall be regifl-cred in the county whei'e the purchafer (he being in
a£tual poffelTion of the (lave or flaves fo transferred cr conveyed) fliall refide; but if under any fpecial a-
giecment at the time of the fale, the feller fliall remain in poffeffion of the flave or flaves fold, then the
writing transferring or conveying the fame flave or flaves, fliall be regiflered in the county where the
vendor lives.
III. Be it further ena5ied. That on all trials at law, where a written transfer or conveyance of a flave or
flaves fhall be introduced to fupport the title of either party, the due and fair execution of fuch writing
fliall be proved by a witnefs fubfcribing and attefling the execution of fuch writing -, but if fuch witnefs
fliall be dead or removed out of the ftate, then the probate and regiftration of fuch writing may be given
in evidence.
CHAP. 7.
1715, 28.
1766, 3.
Greatest credi«
tor in the state,
after the wri.
dow, &c.
entitled to ad-
mitustfation.
Inventory to
be given by a
child of parti-
culars received
in lifetime of an
intestate:
On refusal,
considered as
having receiv-
ed a full share'
Rtpsaling
clause.
CHAP. 8.
2, 1777, 2.
ir82, 11.
i?yo, 3.
Three last days
of s'jperior
court to be de-
voted to tbe e-
quity docket.
€HAP. 9.
Counties to be
divided into
distn(^9.
An aB to amend an act, entitled, An i(X concerning proving wills and granting letters of adminiftratlon, and
to prevent frauds in the management of inteftates' eflates ; and alfo to amend an act entitled. An a«St
appointing the method of diftributing inteftates' eftates.
WHEREAS by the faid a<as, the inhabitants of other f^.'es and foreigners from other countries, ow-
ing to their being frequently the greateft creditors of deceafed perfons, acquire the adminiftratlon
ondeceafed perfons eftates, to the great injury of other creditors refiding within the ftate :
I. Be it enacted by the General Ajfembly of the Jlate of North- Carolina, and it is hereby enaEled by the
authority of the fame. That in future in all fuch cafes the greateft creditor refiding within the ftate fhall be
entitled, after the widow and next of kin, to the adminiftratlon of the eftate of any deceafed perfon.
II. And whereas by the a£l: for diftributing the perfonal property of inteftates, the intention thereof is
that the diftribution fhould be equal, although the faid a£l: doth not provide in what manner the heirs of
the inteftate, who had received any part or ftiare of the inteftate's eftate in his or her lifetime, fhould
give an account thereof : For remedy whereof. Be it further enaEled by the authority afore/aid. That in fu-
ture where any perfon fhall die inteftate, who had in his or her lifetime given to or put in poflTeflTion of
any of his or lier children, any perfonal property of what nature or kind foever, fuch child or children
poflefled as aforefaid, fliall caufe to be given to the adminiftrator or manager of fuch eftate, an inventory-
on oath, fetting forth therein the particulars by him or her received, of the inteftate in his or her life-
time.
III. And be it further enaEled, That in cafe any child or children who had in the lifetime of the inteftate
received a part of faid eftate, and fhall refufe to give an inventory as aforefaid, fuch child or children
fliall be confidered to have had and received his or her full fhare of the deceafed's eftate, and fhall not be
entitled to receive any further part or fhare thereof.
IV. And be it further enaEled, That all adff and claufes of afls heretofore pafled, coming within the
meaning and purview of this aft, be and the fame are hereby repealed and made void.
An act to amend an act, entitled. An aft to amend an aft, entitled, An zQi for eftablifliing courts of
law, and regulating the proceedings therein ; and another aft, entitled. An aft for giving an equity
jurifdiftion to the fuperior court.
BE it enaEled by the General Ajfembly of the Jlate of North'Carolina, and it is hereby enaEled by the
authority of the fame. That frdm and after the ratification of this aft, it fliall not be lawful for the Judges
of the faid courts of law .and courts of equity, on the three laft days of the terms refpeftively as they are
now eftabliflied by law to take cognizance of any other bufinefs than that which may appear on the equi-
ty dockets at the faid fuperior courts, until the bufinefs on the equity fide of the courts refpeftively fhall
be heard and determined, as far as the fame may be neceflary or ready for hearing ; any law, cuftom or
ufage to the contrary notwithftanding.
An aEl to amend the fever al proceffioning laws now in force in thisflate.
.. 13 E it enaEled by the General Ajfembly of the fate of North-Carolina, and it is hereby enaEled by the authori-
' If ty of the fame. That at the firft court held in each county of this ftate after the tenth day of May
next, it fhall be the duty of the courts refpeftively to divide their county into as many diftrifts as to them
fhall appear molt convenient for the purpofes contained in this afti
II. Amlle It further enacted hy the authority aforefaidy That it fiiall be the duty of the courts rerpe<fl;ive]y 1792. 27
to appoint fome perfon capable of furveying, to proceflion the hinds in each diftrid of the county, for all u^-v^O
f uch perfons whofe defire is to have their lands proceffioned. - Court »onp.
III. And be it jurther enaEied hy the authority ajorefaid. That the procefEoners appointed in purfuance of t* im JVoces-
this aft previous to entering on the execution of their office, fhall take the following oath in open court or ^iwcrs.
before fome Juftice of the Peace. " I A. B. do folemnly fvrear or affirm (as the cafe may be) that I will ^^''^ °^ *^'^
well and truly execute the duty and trufl; enjoined by the afts for proceffioning lands in this ftate, accord-
ing to the beft of my Ikill and ability, without favor or partiality to any perfon or perfons whatfoever. So
help me God."
IV. And be it further cnaBed by the authority aforefaid. That where any proceffioner is appointed agree. Court to fiii
able to the tenor of this a£t, and fhall die, remove, refufe to a£t, or refign, it fhall be the duly of the court ^^^ancies,
to appoint a perfon to fill each vacancy as foon as poffible after the fame happens.
V. And be it further enaBed by the autho/ity aforefaidy That the proprietor of any land in this flate iliall ^°'"^^"
caufe to be given ten days notice to all perfons whofe lands may be adjoining to any trait which he is a-
bout to proceffion, which notice fhall be in writing, and a copy of the fame delivered to the Proceffioner, 1^23, 4.
figned by the perfon who figned fuch notice. ^ ^^t^- ^•_
VI. And be it further eiiaEled by the authority aforefaidy That the Proceffioner fhall make out a certificate 1799 '31'"
in words at full length for each tra£t of land by him proceffioned ; which certificate fhall contain the clai- Certificates of
mant's name, the quantity of acres, the corners and number of poles contained in each line, figned by ^^'^ Procession-
fuch Proceffioner, and the certificate made out as aforefaid, fliall be returned to the Clerk of the county ed^to* the'ci^'^k'
where faid bnds lie, together with 3 copy of the feveral notices, '
VII. And be it further enaEied by the authority aforefaidy That the Clerk upon receiving fuch certificate, who must re-
fliall record the fame in a bound book fpecially kept for that purpofe, and file the fame, with the notices, ^ord it, &c,
in his office.
VIII. And be it further enaEied by the authority aforefaidy That the Proceffioner ffiall oe entitled to half ^^^^ ''^ P''<>"
the fees diredted by law for furveying lands, and the Clerks fhall be entitled to receive two fhillings for e- "^^'°"^''^ ^"^
very certificate by them recorded as aforefaid ; all of which fees fhall be paid by the proprietor of the land
proceffioned.
IX. And be it further enaEied by the authority aforefaidy That all arts and claufes of adts which come Repealing
withm the purview and meaning of this a£t, be and the fame are hereby repealed and made void. clause.
An aEi to lay a duty of tonnage on vejfelsy fur the purpofe of deepening the Snvcfb Channel near Occacock Bar. chap, io
Repealed. 1793, 20.
An aEi to amend an a£t, entitled. An adt to prevent any perfon who now does, or who may hereafter hold cH4p 1 1
any office, appointment or authority under the federal government, from being eligible to a feat in the ' '
General AfTembly of this flate •, and to prevent any perfon from holding or exercifing any office or 1^9322
appointment under the authority of the faid ftate fo long as they continue to hold or exercife any office i-796, 2, '
or appointment under the authority of the United States.
WHEPEAS in the above reciied a£t, it is enadted that no citizen of this flate fhall hold at one and
the fame time, any office of trufl, profit or emolument under the authority of the United States,
and any office or authority, civil or military, judiciary or otherwife, under the authority of this flate;
which faid adl is by many of the officers of this flate not attended to, by reafon of no penalty being affix-
ed to^faid adl for a violation thereof : For remedy whereof.
I. Beit enaEied by the General Affemhly of the flate (f North-Carolinay and it is hereby enaEied by the au-
thority of the fame y That any officer, civil, military, judiciary or otherwife, who now does, or who here- Penalty on offi-
after may, hold any office ©r appointment from the authority of this flate, and adling at the fame time in c**^^ °^'l^ ^*
any office, or under any appointment from the Congrefs of the United States, or any department thereof, as ofEcersof
at the fame time, without refigning his flate appointment, fhall for every fuch offence forfeit and pay the t^^ state.
fum of one hundred pounds ; to be recpvered in any court of record within this flate, one half to the
perfon fuing for the fame, the other half to be applied to the ufe of the flate i any thing to the contrary-
notwithflanding.
28 1Y92, An act to amend an a£l, entitled. An aft direiSing the mode of raifing a fund in the fever al ports of tliis
ftate for the fupport of fick feamen, and the manner of r.ppropriatingthe fame.
HEREAS the above recited aft bears hard in many inftances on mafters of veii'els aad feswence-!
fiding within the ftate paying taxes in fupport of the government thereof:
I. Be it therefore enacted b'y the General AjfemUly of the Jl ate of North' Carolina^ and it is hereby enacted by the
authority ofthejame^ That all fuch mafters of veflels and feamen refiding vi-jthin this ftate, and having paid,
and who continue to pay taxes in fupport of the government thereof, are hereby exempted from th,e pay-
ment of any part of the hofpital money impofed ^tw the laid a£t.
CHAP. 12.
Cti tain per.
sons exempted
irS9, 60.
ir90, 22.
CHAP. 13
1/81,32. ■
County courts
may remit for-
feited recogni-
zances, five jus.
tices present.
Repealing
lause.
CHAP. 14.;
1794,20.
Ante, 9,
Proceedings of
the commissi-,
oners ratified.
The plan. &c,
of the city ra-
tified. ,
Names of the
pnblic squares,-
An aB to amend an a5l, entitled. An a£t for appointing an additional Judge of the Superior Court of the
diftrl£t of Morgan, and for the relief of perfons who have or may hereafter forfeit their recognizan-
ces in the Superior and county Courts. ^
WHEREAS by the third feftion of the before recited aft, it is enafted, that there fball be a majo-
rity of the Juftices in any county prefent in court to remit any forfeited recognizance ; which
many times renders it impoffible for perfons to have that relief which they are entitled to, by reafon of
there never being a majority of Juftices at court in many counties within this ftate : For remedy whereof,
I. Be it therefore enacted by the General Affembly oftheState of North-Caroitna, andit is hereby enaSled by the au-
thority of the fame. That from and after the paffing of this aft, it ftiall and may be lawful for any of the
county courts within this ftate, to remit any forfeited recognizance which they have jurifdiftion of, ei- :
ther in whole or in part as may feem juft to them, on hearing the party's exeufe : Provided^ five Juftices ,
of the Peace in faid county fhall be prefent at the time any fuch forfeiture is remitted. j
II. And he it further enaEled by the authority aforefaid, That fo much of the before recit«d af\ as comeSi
within the mearling and purview of this aft, is hereby repealed and made void. ^
An aB to confirm the proceedings of the Comm'ijfioners appointed under an aB of the lafi General Affembly^ entit-
led. An aft to carry into efFeft the Ordinance of the Convention held at Hillfborough in July one
thoufand feven hundred and eighty-eight, entitled, An Ordinance for eftahlifliing a place for holding
the future meetings of the General Affembly, and, tlie plap.e of refidence of the chief officers of the ftate.
WHEREAS a majority of the Commiflioners appointed by the General Affembly under the above
recited aft, to wit, Frederick Hargett, Willie Jones, Jofeph M'Dowell, Thomas Blount, Wilv :
liam Johnfton Dawfon and James Martin, Efquir^s, in purfuance of the powers and authorities in them
yefted, did on the fourth Monday of Aprillaft', purchafe of Joel Lane, Efq. one thoufan^ acres (rf land
for the ufe of the public, as appears by a deed' from the faid Joel liane to Alexander Martin, Efquire, Go- i
vernor for the time bemg, for the ufe of the ftate, bearing date the fifth day of April, one thoufand feven .
hundred and ninety^two, adjoining the trafl whereen the faid Joel Lane now lives, at Wake county spuit?-
houfe, and have caufed to be laid off thereon the plan of a city containing four hundred acres of land^^and ;
comprehending, befides ftreets, two hxmdred and feventy fix lots of one acre each ; which plan, togetlieri
with their proceedings at large, they have reported to this General Affembly : i
L Be it enaBed by the General Affembly of the fate of North'Carolina, and it is hereby moBed by the autkori~\
ty of the fame, That all and Angular the proceedings of the faid Commiffioners relative to the premifes,-
be, and the fame are Jiereby, recognized, confirmed and ratified, fully and coinpletely, to all i^itpntsi
and purpofes. ^
' IL And be it further enaBed by tJie authority aforefaid. That the plan of a city fo laid off, and reported to'j
the prefent General Affembly by the Commiffioners afqrefaid, fiiall be and the fame is hereby reeeivftdjl
confirmed and ratified, by the name of the city of Raleigh; arid the feveral ftraets repicfented iii thel^
plan, and the public fquare whereon the ftate-houfe is to be built, ftiall be called and forever knowi* b^ j
the narries given to them rcfpeftively by the Commiffioners aforefaid ; which plan together with the de&4J
for the land purcliafed, with a plat thereof annexed, fhall be forthv.ith recorded in the Secretary's offi(fe. |
in. Arid be it further e?iaBed by the authority aforefaid, That the public fquare conipofed of lots number twof
hundred forty-fix, two hundred forty-feven, two hundred fixty-two and two hundred fixty^three, fliallfi
be called and known by the nairre of C-ufWell fquare.: That the -^blic fq^iiire compofed of nuii^i^r'j
two hundred thirty-eight, two hundred fhirty-nine, two hundred fifty-four and two hundifld J&ft.)f3rfi.v.e; |
ftiall be called and known by the name of Burke fquare : That the public fquare compofcd of lots num-i^
bor one hundred eighteen, one hundred nineteen, one hundred thirty-fpur and one hundred thirty-five .
ftiall be called and known by the name of Nafh-fquare^: and that the public fquare compolcd cf lots.*
number one hundred ten, one hundred eleven, one hundred twenty-fix and one hundred twenty-feven,
r.iall be called and known by the name of Moore fquare.
TV. Attd be it enaBled hy the authority c\forefaidy That as Toon as the ftate-houfe now building On Union 1792. 29
fquare in the faid city of Raleigh is fit for the reception of the General AfTembly, they fnall adjourn to u*-v-*»J
that place -, from which time all the chief officers of the ftate, Wz. the Treafurer, Secretrtry of flnte and g^^^^^^',^^^^^ ~
Comptroller, fhall hold their refpeclive ofHces in the faid city of Raleigh, which fliall be thence forward compietTt^hs
held, deemed and confidered the permanent and unalterable feat of the government of the ftate of North- Assembly to
Carolina, and tiro place of refidence of the chief officers of ihe ftate, any law or laws to the contrary meettlieie.&c-
notwithftanding.
' An dSi direBitigthe manner of appointing eleBors to vote for a Prefident and Vice-Preftdent of the United States, chap. 15.
TeMPORART. 1803.5,
An act relative to the appointment of EleElors to vote for a Prefident and Vice-P reft dent of the United States, cukv. 16.
(Had its effect.) 1«03, 5.
An aB for dividing the fate into difricts, for the purpofe of electing Reprefentatives to Congrefs. [Had its chap. 17.
^ect.) 1795. 2.
. . 1802,2,
An actio amend the feveral acts of Affemhly luhich refpectthe duties of thi Comptroller of the public accounts ^/"chap. 18..
this fate.
I, "TyE it enacted by the General AJfembly of the fate of North-Carolina, and it is hereby enacted by the au- Comptroller
Jj thority of the fame. That the perfon who at any time hereafter fhall be appointed Comptroller, >^" S'v? ''ond*
before entering on the duties of that appointment, fliall give bond with fufficient fecurity payable to the j^gg' H"
Gcvernor for the time being, for the ufe of the ftate, in the fum of ten thoufand pounds, conditioned 1787' 10.
for the fafe keeping of the public books of accounts, and ail vouchers which may come into his poflef- 1793, 26.
iion, and for the faithful performance of his duty in office.
II. And be it further enacted. That it fhall be the duty of the Comptroller to fettle and report on all to settle public
public accounts of the ftate, and to keep regular books and ftatements of the fame 5 which he fliall do in *'^'^°""W.
manner following, that is to fay, he ftiall report the net amount which fhall annually become due and
payable from the refpeciive revenue officers to the IVeafurer of the ftate (to the end he may be informed.
of 'the fame and inforce the due payment thereof) firft raifmg an account and debiting in his books each
officer fo reported againft, whom he fliali credit by the account of fuch receipts as they or any of them ■
ihall from time to time, produce from the Treafurer.
III. And be it further enacted. That the Treafurer fhall, in all payments made to him grant two receipts Treasurer to
of the fame tenor and date; one of which receipts fliall be filed in the Comptroller's office, and the o- cerpts'&c."^**
• ther riiall be endorfed by the Comptroller, and continue with the perfon, who has made the payment;
.without which indorfement of the Comptroller, no receipt fajd to be given by the Treafurer fhall be
■operative.
IV. And be it further euaEled, by the authority aforefaid, That the Comptroller fliall open an account Comptroller t«
■with the Treafurer, in which he fliall debit him with the amount of each refpeftive receipt which he count^with
fliall havefo placed as aforefaid to the credit of the accounting revenue officers, and credit him by the che Treasurer,
amount of fuch warrants and other cafli claims as he fhall produce and deliver. ^'^•
V. And be it further enacted. That it fliall alfo be the duty of the Comptroller to raife accounts and re- And with indU
port in like manner againft individuals who may become chargeable on any of the warrants or vouchers ^'""^Is, kc.
■ hereafter paid him as though they were revenue-officers, taking care not to blend fuch accounts and re-
, ports with thofe already raifed pr made, or which may be hereafter raifed and made on vouchers in the
Comptroller's office, '
VI. And be it further enabled. That all monies becoming payable to the public in the year one thoufand Public monies
feven hundred aud ninety-three, and in each fucceeding year, which ffiall not be paid in due time but ^^^^"^^[^^''y^ ^
fliall be fued for and recovered, when received, fliall be paid into the treafury by the Clerk of the court ^,,^1^'
in whicli the recovery fliall be had ; and the receipt for fuch payments ftiall be rendered to the Comptrol-
ler, charged and filed by him in manner aforefaid.
VII. And be it further enaBed by the authority aforefaid. That it fliafl be the duty of the Comptroller, on Comptroller to.
the firft day of November annually, to ftrike a balance againft the Treafurer, and all other public ac, *" i^': * t>^-
:. countantsin arrear ; andreport a ftatement ofdie fametothe General Aflembly, with whom he Aialf &"raake"r"epwf,
f ; fettle hjs own accounts for the warrants and other claims received of the public Treafurer.
VIIL And be it further enacted, That the aforefaid regulations fliafl take effe£l on the firft day of Ja- ^ ""* "■^^^"'*'
nuary next, and fliafl apply to the taxes of one thoufand feven hundred and ninety-two, and all other ^.^'j^g^^'^it,
public dues payable in the year one thoufand feven hundred and ninety-three and thenceforward.
G
Cimptroller's
Itepcahng
clause.
Comptroller's
cfficial good
evidence,
CHAP. 19.
Ante, p. 14.
3, 1777 2.
3(epealing
'clause.
CRAK 20.
So 1*792. IX. yind be it fwther enaEled^ That the Comptroller fhall be annually eleded by the General Aflertbly^
in the fame manner that the public Treafurer is ele£ted.
X. And he it further enaSled by the authority aforefaidy Thit fo much of the a£l:s of Aflembly of this ftate
which come within the purview hereof, be and the fame are repealed and made void.
XI. And be it further enaBed by the authority aforejaid. That an official, figned by the Comptroller^ fli^t
be received as teflimony in the different courts of this flate.
An aB to repeal the ftxth feBion of art aEi pajfed at the tajifejfton of the General AJfembly^ entitled^ An a£l to
improve the infpeftion of flour and other commodities in tifus ftate, and to alter the Inlpeftor's fees in
certain inftances.
'TTTT'HEREAS the fixth feftion of the faid a6t is found to be injurious to the good citizens of the
W Y ft^te, and not to anfwer the purpofes intended by the legiflature :
I. Be it cherefore enacted by the General AJfembly of the fl ate of North-Caroltna and it is hereby enacted by the
authority of the fame. That the faid fixth fediionofthe before recited a£t, and every part thereof, be, and
the fame is hereby declared to be repealed and made void.
An act for altering the time of holding the Superior Courts of Law and Equity in the di/lrict of Wilfningion, and
the county courts therein named : and to amend an act, entitled, An aft for eftablifhing courts and regu-
lating the proceedings therein.
WHEREAS the time for holding theSuperior Courts of Law and Equity for the diftrift of Wi!-
mmgton ai'e found very inconvenient and dangerous.
I. Be it therefore enaEled by the General Afembly of the Jlate of North-Carolina, and it is hereby eno&edby the
authority of the fame y 'X'hat the Superior Courts of Law and Equity for the diftrift herein named, fhall be
held at the ufual place on the following days, that is to fay, on the thirteenth days of May and No-
vember ; to which times refpe£lively all matters and things depending in the faid court fhall ftand ad-
joanieJ. Provided always. That if the day appointed for holding the faid courts fhould happen on
Sunday, then fuch court fhall conKneiice the next fucceeding day, any thing herein contained to the con-
trary notwithftaiiding. 11. Relaterto NewHanover Couniy Court, altered 1794, 65.
III. Whereas there is no provifion made by the aft, entitled, « An aft for eftablifhing courts and re-
gulating the proceedings therein," for' adjourning the fame in cafe the Judge or Judges thereof fhould not
attend : Be it enacted by the authority aforefaid. That if the Judge or Judges of the feveral Superior Courts
of Law and Courts of Equity fhould fail to attend on the firft day of the term of any of the faid courts
refpeftively, it fliall and maybe lawful for theSherifFof the county where the faid courts fhall be held,
and he is hereby authorifed to adjourn the faid court or courts from day to day for any term not exceed- ,
ing three days, and if the faid Judges or any one of them, do noc attend on or before the expiration of j
the third day of the term of the faid courts refpeftively, it rtiallandmay be lawful for the faid Sheriff to ^
adjourn the faid court or courts to the term next in courfe.
An a^ for dividing the County of MecklenSerg.
E it enaBedbythe General Ajembly of the Jlate of^ North-Carolina, and it is hereby enaBedbythe nw
j^ thority ofthefamey That from and after the paffing of this aft, the county of Mecklenberg fliall^
be divided as follows, to wit, beginning at where Iredell line crofTe* the eaft branch of Rocky river/
then down the faid branch to its juiifllon with the weft branch which comes from Colonel Ofborne's,
from thanc3 to where the waggon road croffes Clerk's creek, a little to the weft of Captain Picken s',
thence to the barn of Adam Meek, fen. thence to a clufter of large rocks a little to the fouth eaft of the
great road from Colonel Smith's to Charlotte, not far diftant from faid Smith's, thence to James Staf-
ford's, and from thence to the mouth of Clear creek ; and all that part of the county of Mecklenberg a-
forefaid lying weft and fouth of faid dividing line, fliaU continue and remain a diftmft county by the
name of Mecklenberg ; and all that part of the faid county lying north and eaft of faid line, fhall be ereft-
■e^ into a new and diftinft county by the name of Cabarrus. ,. , m i.
11. And for the due adminiftration of juftice, Be it enacted by the authority aforefaidy That the court for
th- faid county of Cabarrus ftiall be conftantly held on the third Mondays of January, April, July and
Oftober in each and every ^ear ; and their firft court fhall be held at the houfe of Robert RufTell, but
the Juftices of the faid court may adjourn to any other place more convenient until a court-houfe ftiall be
built and ftiall exercife and enjoy the fame powers, privileges and jurifdiftions as other Juftices and
county courts in this ftate enjoy or exercife.
Time of hold-
ing superior
court in Wil.
mington djg-
tria.
■Sheriff ta-aJ*
journ the su-
perior court
when a Judge
fails to atiead.
CHAP. 21.
Division of
Mecklenberg
eount/, &c.
C»bami« tstX
Court of Ca-
barrus when
heH,
m. And he it further enacted by the authority aforefatd. That the faid county of Cabarrus be, and remain 1792. 31
apart of the diftrifi: of Salifbury; (The rcjl unnecejfary to be-inferted.) U-'-v^O
To be in Sa'is'
* jln a3 to eftahlijh a Company fir the purpofe of facilitating the navigation of Cape-Fear river^from Fayetteville TJ^^^\o
up to the confluence of Hanu and T)eep rivers.
WHEREAS navigation is the life and main fpring of commerce, and it being reprefented to this
General Affembly that it is pra£licable by means of canals, locks, et cetera, to rentier fafe and 1793, 34.
eafy the navigation of Cape-Fear river, from the town of Fayetteville up to the confluence of Haw and ^''^*» ^^
Deep rivers, greatly to the benefit of the inhabitants of the weftern-part of this ftate ; the point where
the junftion of the two rivers is formed, being within twenty-five miles of the permanent feat of govern-
j ment, within eighteen miles of the place appointed for the Univerfity j within thirty-five miles from the
tov/n of Hillfborough, and within nine miles of Pittfborough.
I, Therefore he it enacted by the General Affembly of the flat e of North Carolina, and it is hereby enaBedby Cape Fear comji
the authority of the fame. That the following perfons, James Porterfield, Philemon Hodges, William Rand, P^"y incorpcis.
John Porterfield, Abner Chapman, William Hays, Britain Sanders, John Macon, Thomas Stokes, Am- ''^'^'^*
brofe Ramfey, Zachariah Harman, John Ferrington, William Smith, Jonathan Lindfey, James Bee-
man, William M'Cawley," Jofeph Stewart and Thomas H. Perkins are hereby appointed, incorporated
and ftyled the Cape-Fear company, with full power to receive fubfcriptions, or donations from fuch pub-
lic fpirited perfons as may be inclined to aid this laudable undertaking, and difpofe thereof as they may
think beft for the purpofes aforefaid,
II. And be it further enaEled by the authority aforefaid. That the faid company by the name and ftyle afore- May sue, &«»
faid, may fue and be fued, implead and be impleaded in any court in this ftate, and make fuch rules for their
own government as they fhall think proper, not inconfiftent with the conftitution, or laws of this ftate-
, vIII. And be itjurther enaEled, That if any perfons fhall wilfully cut, break down, damage or deftroy Penalty forda-
any bank, or other work to be erefted or made for the purpofe of the laid navigation, or do any a£l. or magedone their
thing defignedly, to injure the faid navigation, fuch perfon Ihall be anfwerable to the faid company for ^^°'''^s> ^<=-
double the damages fuftained thereby.
IV. And be it further enaEled, That this a£l; (hall be deemed and taken a public afk, and judicially ta- This aa to be
ken notice of as fuch, and liberally conftrued for carrying the purpofes aforefaid into effe£l:. deemed a pub-
V. And he it further enaEled by the authority aforefaid. That in cafe of removal, death, difqualification, Vacancies' of
refignation, or refufal to acl of any of the CommifTioners by this a£l appointed, the furviving or adiing commissioners
Commiffioners may appoint others in their ftead to fill fuch vacancy. 1^°^ filled,
VI. And be it further enaEled, That the faid Commiffioners fhall convene at the houfe of Mr. Ragland, l^^^eting of
near the great falls,on the laft Thurfday in May next, then and there to appoint their own officer?, and ^°^'"'"'**'one''«»
make fuch rules and regulations as to them fhall feem necefTary.
VII. And be further enaEled, That Ifaac Williams and George Elliot be, and are hereby appointed Commissioneri
CommiSioners for the improvement of the navigation of Cape-Fear, and fhall pofTefs and exercife all the appointed.
powers and authorities veiled in the former Commiffioners for the purpofe
An aB to alter and amend the feveral acts for regulating the pilotage, and facilitating the navigation of Cape- cHAP. 23.
Fear river, and to appropriate the materials and monies not yet ufed, which nuere collected under the authori" j^ss 20
ty of the flate, for the purpofe of building a Light-Houfe on Baldhead. & adls cited.
WHEREAS i: hath been made appear to this -General Affembly, that the number of nine Commif-
fioners is fully competent to the regulation of faid pilotage and navigation :
I. Be it enaEled by the General Affembly of the flate of North Carolina, and it is hireby enacted by the au- Commissioners
thority of the fame. That from and after the paffmg of this a£l:, there fhall be but nine Commiffioners of of Cape- Fear
pilotage for Cape-Fear river, who fhall be vefted with all, and fingular the powers and authorities with P''<'|='Se. their
■which the former number of thirteen were vefted with, by the feveral a£ts of Affembly for that purpofe '^°^^'
made. And whereas, by removal or otherwife, there are at prefent but fix Commiffioners of pilotage
for faid river.
, II. Be it enacted. That James Walker, Henry XTrquhart and William Nutt be, and they are hereby ap- Comtnlssionpw
pointed Commiffioners for regulating the pilotage and navigation of Cape-Fear river ; vefted with the "*'"^' ^»
fame powers and authorities as the remaining Commifiioners. And whereas, the diftindion of Main Bar
i . Pilots and New Inlet Pilots, is produ£live of much inconvenience to the trade of the faid river of Cape-Fear.
I III. Be it enacted. That for the future the Pilots for Cape-Fear bar, lliall be feverally authorifed and Powers of th»
empowered to pilot and convey any veifel or vefTels out of, or into the faid river, either over the Main- P'^o'S/ ^
52 1792. Bar or over the New Inlet bar: Provided neverthelefs, that fuch Pilots as are now in commlflion, fllall
continue in the lame branch in which they are comnrxflioned until the nijieteenth day of January next,
when the faid Comminioners are required to meet at Wilmington, and to grant new commiflions for the
purpofe aforefaid, to fuch of the Pilots as have heretofore been commiffioned agreeable to law, and to
fuch other perfons as may apply for the fame, on their proving themfelves qualified to ad.
IV. And be it further enacted, That in cafe of death, refufal to aft, or removal from New-Hanover and
Brunfwick counties, or other difability of any of the prefent Commiffioners, it fliall and may be lawful
for the remaining Commiinoners, or a majority of them, and they are hereby dire£led to eledl: another,
or others in the room of fuch Commiffioner, fo that the refidence of fuch new eledted CommilRoner or
Commiffioners, be in the county of Brunfwick or New-Hanover ; which faid Commiffioner or Commlf^
fioners fhall be veiled with the fame powers and authorities as other Commiffioners.
(The rejl private.)
VEcansiiJs ef
the commis-
sioners how
filled.
CHAP. 24.
1, \7U, 28.
Co mmissioners
cf i3ogue inlet.
Fees of pilots,
&c.
Repealing
clause.
An aEl to amend an aEl pajfed at Hill/borough in the year one thoiifand feven hundred and eighty-four, er.tithd.
An aft for afcertaining the fees of the Pilots at (3ccacock, Beau^rt and jBogue inlets } and for appoint-
ing Commiffioners of navigation fox Bogue inlet.
WHEREAS three of the Commiffioners appointed by the faid aft for Bogue inlet, have departed j
this life, and the vacancies have not been filled up : - 1
^ I. Be it enacted by the Getural Affemhly ofthejigte of North-Carolina, and it is hereby enacted by the autho- ,
rity of the fame, That in addition to the furvivmg Commiffioners, William Jones, Kilby Jones and Willi- ■
am Ferrands, be, and they are hereby appointed Commiffioners for the navigation of Bogue inlet, and
the port of Swanlborough, and they are hereby veiled with all the powers that have been heretofore giv« '
en, or exercifed by any Commiffioners of faid port and inlet.
II. And whereas the fees heretofore allowed to the Pilots of faid inlet are found infufficient : Be it there"
fore enabled, That it fliall and may be lawful for the faid Pilots hereafter, to receive for bringing every
veflel into the faid inlet, drawing lefs than feven feet, from the out fide of the bar to the anchorage before i
the town, or the cuftomary place in Hill's channel, five fhillings per foot } and for every veflel draw- j
ing more than feven feet, {hall be allowed feven fliillings, and that the fame fees he allowed to Pilots for j
pilotage outwards as inwards. ;
III. And be it further enaEied, That all laws, or claufes of laws, fo far as they come within the mean* 1
ing and purview pf this aft, be, and the fame ^re hereby repealled..
CHAP. 28.
1790, 2$
Width &c. of
the locks, &c
Repealing
clause.
An afl of Vir-
ginia confirmed
E^c.
Adi printed.
1*081 p. 34.
An aEl to amend an act, entitled. An aft for cutting a navigable canal from the waters of Pafquotank-River
in this (late, to the waters of Elizabeth-River in the ftate of Virginia.
HEREAS the Legiflature of the flate of Virginia did on the twenty-fifth day of November, one
thoufand feven hundred and ninety, pafs an aft amending the aforefaid law, mutually entered
into by compaft between the two dates :
I. Be it enaEied by the General AJJembly of the flate of North-Carolina, and it is hereby enaEied by the authori-
ty of the fame. That the tolls allowed to be demanded and received by the before recited aft, are granted
and fliall be paid, on condition only, that the faid Difmal Swamp Canal Company fliall rfiake the canal and
locks of fufficient width for veffi;ls that are fifteen feet broad, and of fufficient depth to be navigated in
dry feafons by veflels drawing three feet water, from Deep creek, near Tucker's mill in Virginia, to the
highefl good navigation for veifels of the aforefaid draft in Pafquotank River in this ftate ; and tliat each
of the faid locks fliall be ninety feet in length, and the caufeways fifteen feet in breadth.
II. And be it further enaEied by the authority aforefaid. That every part of the before recited aft which
comes within the meaning and purview of this aft, and every part thereof concerning the regulation of
commerce, fo far as the fame is now vefted in the government of thg United States, fliafl be, and the fame
are hereby repealed.
III. And be it further enaEied by the authority aforefaid. That the faid aft pafled by the Legiflature of the
ftate of Virginia, on the twenty-fif<:h day of November, one thoufand feven hundred and ninety, is here-
by confirmed, and declared to be firm and valid, agreeable to the compaft entered into between the two
ftates, and fliall in no refpeft be altered or amended by this ftate witliput tlie confent of the ftate of Vir-
ginia.
IV. And be it further enaEied by the attthority aforefaid. That the faid aft as pafled by the ftate of Virginia,
be printed by the public Printer of this ftate, and incorporated with the laws of this feffion as a part
thereof.
i
jin aB to continue in force an aB, passed at FayeitevUky in the year one thottf and f even hundred atid eighty-eight, 1792. 33
entitled^ An a£l for tlie relief of peifons who have fufFered, or m;iy fufi'er by their grants, deeds and
mefne conveyances not being proved and regiftered within the time heretofore appointed bylaw; and chap. 29.
to grant a furtlier time for regiftering certain grants heretofore iflued from Lord Granville's office, and '^•''•. S-i.
to direcl tranfcripts of the records of Orange and Tyrrel counties to be made. jj,^^.' g
'HEREAS the before recited aft was continued in full force by virtue of an aft pafled at Fayette- isjo, il.
ville in the year one thoufand feven l^undred and ninety, and will expire at the end of the prefent
fefllon to the injury of feveral of the good citizens of this ftate : For remedy whereof,
I. Be it enaEled by the General Affembly of the fate of North- Carolina, and it is hereby enaEled by the Ait continued.
authority of the fame. That fo much of the before recited aft as is comprehended in the firft and fecond fec-
tions, fhall continue and be in full force for the term of two years longer, and from thence until the end
of the next feffion of the General Affembly.
An aB to annex part of Wafhington to Wilkes cmnty, CHAP. 32,
WHEREAS a part of Wafhington county was by the ceflion aft retained in this flate, and although
remaining in the fatd ftate the inhabitants thereof are deprived of the benefit of the lav/sand go- '°^' ^'
vernment of the fame for want of being annexed to forne other county : For remedy whereof,
I. Be it therefore enacted by the General .'Affembly of the fate of North- Carolina, and it is hereby enacted by the Part of Wash*
authority of the fame. That from and after the pamng of this aft, Wilkes county fhall be extended in the ng^n addtd
following manner, to wit. Beginning at the moft fouthwardly part of Wilkes county line on Burke county g 177/- 30 32
line, and running due weft to the dividing ridge between the waters of Watauga and Doe-Rivers, then a-
long the extrer^e height of faid ridge to the line of the ceded territory, then along the faid line to the Vir-
ginia line, and along the Virginia line to the old line of Wilkes county ; and that all the' land north and
eaft of the aforefaid line fhall: be, and the fame is hereby annexed to the faid county of Wilkes ; any law,
cuftom or ufage to the contrary notwithftanding.
An aB to amend an aB paffed at the laf General Affembly, entitled. An aft to ereft the weftern parts of CHAP. 33.
Burke and Rutherford into a feparate and diftinft county. Ante p. 21.
WHEREAS the faid aft direfts that the county of Rutherford fhall fend ten jurors to attend at
Morgan Superior Court of Law and Equity, and as that number is more thah faid county ought
to fend in proportion to the other counties in faid diftrift :
I. Be it therefore enaBed by the General Ajfemhly of the fate of North-Carolina, and it is hereby enaBed by the Rutherford
authority of the fame. That from and after the palling of this aft, feven jurors of the county of Rutherford J"''*^'^^*
fhall be appointed to attend at Morgan Superior Court.
An act for the better regulation of the town of Rochford, in the couftty of Surry, and for adding part of IFilha to chap. 43.
Surry county.
[_A II except the third feet ion, unneceffary to be inferted.']
IIL And whereas the inhabitants of Wilkes county, living on the head of Mitchell's and FIflie's rivers, I'l-'ft of Wakes
are' much more convenient to the court-houfe in the county of Surry, than to Wiikes court-houfe, and county. " ^'^
have requefted their Reprefentatlves in General Affembly to have them annexed to the county of Surry, 2, 1777,32,
Be it therefore enacted by the General Affembly of the fate of North-Carolina, and it is hereby enaBed by the autho- ^i^^^. 42,
rity of the fame. That from and after the paffnig of this aft-, that all that part of Wiikes county that lies
eaft of the following line, fliail be, and the fame is hereby annexed to the county of Surry -, beginning on
the line that divides Vv^ilkes and Surry counties, where the ridge that divides the waters of Mitchell's river
from th'ofe of Elkin, thence along the faid ridge to the extreme height of the Appalachian mountain, then
along the extreme height of the faid mountain to the Virginia line.
An aB to apportion the number of Jurors to befent to the Superior Court from the di-ferent cou7itits in Salijhury chap. 48.
diftriB. ""'■: ..
1« TjE it enacted by the General Assembly, of the fate of North- Carolina, and it is hereby enacted by the an- "Snl^sburyjurorg
l3 ^^^orit^ of the fame. That from and after the paffing of this aft, the feveral counties in the diftricl Vi<i^, 51.
of Salift)ury fhall fend from each to the Superior Court of faid diftrift, the following number of jurors and
no more, to wit, the county of Rowan twelve, Stokes five, Surry four, Rockingham four, Guilford four, ^'^''^' ^•
Montgomery three, Iredell three, and Mecklenberg feven ; and that fo much of the former afts of the
General Affembly of this ftate as appoint the number of jurors to be fent from any county to the Superior
Court of faid diftrift, be and the fame is hereby repealed and made void.
H
34
CHAP. 68.
Camden court,
ivhfen held.
1785, 2.
1 792. An act for altering the times for holding the county courts of Camden and Robfoiiy and to levy a tax for thefupporf
of the poor for the county of Camden.
WHEREAS the time heretofore appointed by law, for holding the county courts of Pleas and Quar-
ter-Seflions of Camden county, is found inconvenient :
' I. Be it therefore enaSied by the General AJfembly of the fate of North-Carolina, and it is hereby enacted by the
authority of the fame. That from and after rhe next court to be held for the county of Camden, the faid
courts llhall be held on the following days, to wit ; the firft Mondays in May, Auguft, November and
February \ and that every procefs and recognizance returnable to the laid court, {hall be returnable on the
days' by this aft appointed ; and all caufes depending in the faid court, fhall ftandtonti nued to the fame
days ; any law or ufage to the contrary notwithftanding.
\The rejl unneceffary to be infertedcy
THE TITLES OF THE PRIVATE ACTS.
■SS An aft to alter and revive an aft, entitled, an a<R to encou-
rage Enoch. Ward, Spyers Singleton, Christopher Neale
and con^pany, to cut a canal from Clubfoot's creek to
Harlfw's creek, passed in the year one thousand seven
hundred and eighty-four,
26 An acft to amend the several a£ls in force, relative to theex'
tending the navigation of Roanoke and Dan rivers,
^7 An aft for cutting a Canal from Rosebay to Mattamuskeet
lake, in the county of Hyde,
50 An a£l to prevent any person from hauling or working twt>
seins at the same place on the rivers of Chowan and Me>
he'rin,
51 An adlto empower thecotmty court of Stokes to lay an addi-
tional tax to complete the public buildings, and to defray
the contingent changes of the same, and to amend ana<5l,
to establish a town at the place fixed upon for the court-
house tn the county of Stokes, and to repeal so much of
an aft, entitled an aS for destroying wolves, wild cats,,
panthers, bears, crows and squirrels, as respefts the
county of Stokes,
S4 An aft to authorise and empower Commissioners named, to
run the dividing line between the counties of Johnston
and Wayne,
35 An a<Jl to amend an aiJl, entitled, an afl for dividing the coun-
ty of Oobbs, passed the last session of the General As-
sembly,
36 An adl to alte r and confirm the names of certain persons there-
in mentioned,
37 An a<Jl to alter the names of certain persons thereia menti-
oned,
38 An a(ft to emancipate the persons therein mentioned,
39 An aift for altering the names of John G-een Burney to that
of John Green, the name of Fere'iee Brinson to that of
Fercbee West, and that of Wyatt Bryan and Penny Br)'-
an to that of Wyatt Parish and Penny Parish,
40 An aft to release the estate of Samuel Fuller, deceased,
late of Granville county, from forfeiture,
41 An s<ft to establish separate General Miisters and Eleftions
in the counties of Craven and Beaufort,
42 An aato incorporate a Fite-Compiny in the town of Wash-
ington,
44 An adl to encourage the destroying of wolves, wild-cats,
panthers ami bears in the county of Carteret,
45 An aa to amend an aft, passed at Fayetteville in the year
one thousand seven hundred and ninety, entitled, an
aft allowing the inhabitants of the Forks of Yadkia a se-
parate General Muster,
«J6 An aft to establish and regulate a Toll- Road, through tiie
Great Dismal Swamp, between the heads of Pasquotank
imd Perquimans )riv«rs \ wd to gri^nt to £eojaaun Jone».
and Joseph Richardson an estate therein, for the Xtrmct
ninety.nine years,
47 An aft to enable the Commissioners of public bull dings for
the distrift of Fayetteville to colleft a tax to finish tho
court-house in Fayetteville.
.49 An aft to giant two separate Eleftions and General Musters
in Currituck county,
50 An aft to empower the courrty coi'rts of Gates and Person t»
lay a tax in said counties for tlte purpose of erefting.the
public buildings therein,
51 An aft to amend an aft, entitled. An aft to amend an aft,
en tided, an aft for regulatin? the town of Salisbury in
Rowan county, and for regulating tlie town of Windsor
in Bertie county ; and to amend the Tarborough and
Warrenton town laws.
52 An aft to amend an aft, entitled, an aft for erefting a towm
on the land of Thomas Hunter in Martin county,
53 An aft to repeal an aft, entitled, an aft to revive an aft, en-
titled an aft for destroying <volves, wild-cats, panthers,
bears, crows and squirrels, in ihe several counties therein
mentioned, passed at Newbem in the year one thousand
seven hundred and eighty-five,
54 An aft to repeal an aft, entitled, an aft for allowing a Tur-
ther time for saving lots within the several towns of this
state,, so far as telates to the towns of Nixonton and
Hillsiborough,
55 An aft to amend an aft of the General Assembly, entided,
an aft for fixing on a proper place at or near the centre of
the county of Montgomery, for erefting a court-house,
prison and stocks thereon, and for estab lishing a town
at the same place, and for_direfting the courts of pleas
and quarter sessions to be heid there, as soon as such
couri house is compleated.
5^ An aft to amend an aft, entitled, an aft for establishing a
town on the land of Robert Burton, Esq in the county
ot Granville,
57 An aft for altering- the time of holding the county court» of
Pleas and Quarter- Sessions for the county ofCaswelL
58 An aft for establishing a town on the lands of Charles
Hunt, of the Shallow-Ford on the Yadkin River.
59 An aft for the better regulation of the town of Wilmington,
60 An aft to amend an aft, entitled, an aft to amend an aft, en-
titled, an aft for the regulation of the town of Hillsbo-
rough, passed at Fayetteville, in the year one thousand
seven hundred and eighty eight; and to lay a tax in the
county of Guilford for the pur].03e of repairing the pub-
lic buUdings.
61 An aft direftmg the Entry-takers in the counties of Burke
and Rutherford, to issue warrants in future to the sur-
Y^jror of Buncombe count;', where the land entered in
the said counties of Burke and Ratherford lies in Bun- 67 An a^ to smsnd an aB, entitlfd, an afl to empower the 1792.
combe county Justices of Hertford and Tyrrel counties to establisli free
C2 An aft to lay off and establish a town near Fort-Johnston, ferries in tlie said counties, and to lay a tax for paying
on the west side of Cape-Fear river in Brunswick the charges of the same.
county. 69 An aft to authorise Thomas Neale and John Hall, Esquires,
63- An aft to estathsh an inspeilion of tobacco at Averasbuigh, securities of Josiih Richardson, deceased, la»e Sheriff of
in the county of Cumberland. Brunswick county, to colle<ft the tax due from certain
6i An a<a for levying a tax on the inhabitants of the county ' persotis in said county ; and .to empower Sheriffs and'
of Hyde, for the purpose of building a house in the said colIe<aors of public taxes, to distrain for the same after
county, for the recejiiion and employment of the poor such taxes become due.
thereof. 70 An aiS to amend an afl for levying; a tax to repair the court*
65 "An aA to empower the county court of Rutherford" to lay a house of the distri£l of Edenton, '
further tax to defray, the expense of the public buildings 71 An aft for laying off a town on the lands of Joseph Jones,
in said county and toippoint more commissioners to as- ~ in the county of Camden.
sistthosethat have been heretofore appointed by law. 72 An aft fdrthe inspefti^n of tobacco at the Saura-Town-Hill,
fiS An aft to appoint commissioners for erefting a court-house. on the land of Peter Harrison, in the county of Stokes.
prison and stocks in the most central part of Randolph 73 An to establish certain fairs at the places therin mentioned^
County. in the counties of Richmond and Moore.
Read tluee times, and ratified in General Assembly, this 31 st day of December, 1792.
Wm. LENOIR, S. S.
S. CABARRUS. S. H; C
jfn aSlto amend an aB, entitled^ An a£t for cutting a navigable canal from the waters orElizabetRriver
in this ftate to the waters of Pafquotank river in the ftata of North-Carolina. {Pajfed the 25th Nv
•vember, 1790.)
I. T)E it ettaHedhy the General Afemhly ofFirgMai That the boolcs dire£ted to' b6^ opened for receir-
J3 ing and entering fubfcriptions in the towns of Norfolk, Portfmouth, Suffolk, Peterfburg, Rich- Ante, p, 32.
mond, Frederickfbufg and Alexandria, by the zO:, entitled, ^n aSi/of cutting a navigable Canal from
the "Waters of Elizabeth River in this fate, tt> the Hjaters of Pafquotank river in the fate of North-Carolina,
fhall be opened for receiving fubfcriptions at the faid places, and under the management of the perfons
mentioned in the faid recited, aft ; and in the city of Williamfburg, under the management of Robert
Andrews, in the month of May next after the time when this a£t fhall be in force, and continue open
until the firfl day of September following ; and on the third Thurfday of the faid month of September,
there fhall be a general meeting of the Subfcribers at the town of Halifax, in the flate of North-Carohna ;
of which meeting notice fliall be given by the faid Managers, or any three of them, in the Gazettes of
both the aforefaid Hates, at leaft.one month next before the faid meeting; and fuch meeting fhall and
may be continued, and the bufinefs of it conduced in the manner piefcribed for the meeting appointed
by the faid recited- aft.
II. And it is hereby declared and' enaEtedy That the tolls allowed to be demanded and received by the be-
fore recited aft, are granted and fhall be paid on condition only that the faid Difmal Swamp Company
{hall make the canal and locks of sufficient width for vefTels that are fifteen feet broad, and of fulficient
depth to be navigated in any feafons, by vefTels drawing three feet wafer, from Deep- Creek near Tuck-
er's mill in Virginia, to the higheft good navigation for vefTels of the aforefaid draft in Pafquotank river
in North Carolina ; and that each of the locks fhall be ninety feet in length, and the caufeways fifteen
feet in breadth;
III. And be it further enacted. That every aft or part of an aft of AfTembly which comes within the
purview and meaning of this aft, and every part of the before recited aft concerning the regulation of
commerce, fo far as the fame is now vefted in the government of the United States, fhall be and the.
fame are hereby repealed.
IV'. And fo foon as any aft fimilar to the before recited aft, "as amended by this aft, fhall have Been
pafTed by the ftate of North-Carolina, the before tecited aft as amended by this aft fhall be in force and
fhall never be repealed or altered by the legiflature of this ftate, without the confent ofthe ftate of North?
Carolina.
36 1793.
?paTgVt I',- ^* ^ GENERAL ASSEMBLY, begun and held at Eayetteville, on the fif-
covemor.' tecHth Day of December, m theYear of our Lord One Thousand Seven
Hundred and Ninety-Three, and in the Eighteenth Year of the Inde-
pendence of the said State : Being the First Session of the said Assembly,
CHAP. 1 , An aB to carry into effeB an aB of Congrefs, entitled, « An adl more efFeftually to provide for the national
defence, by eftabliftiing an uniform militia throughout the United States ; " alfo to amend an afl, paf-
fed at Fayetteville, in the year one thoufand feven hundred and eighty fix, entitled, " An zOi for eftab-
lifliing a militia in this ftate." ,
I. XJE it enacted by the General Assembly of the Jl ate of North-Carolina^ and it is hereby enacted by the au- \
\j thority ofthefamcy That in order to carry into effeft the above recited aft of Congrefs, the milicla *
of this ftate be arranged into brigades and divifions, in the following manner, that is to fa^ the diftridl of
Edenton, the firft brigade j the diftridl of Newbern, the fecond brigade ; the diftrifl of Wilmington, the
!fa'!eiSn'ed ^^^'"'^ brigade; the diftrift of Fayetteville, the fourth brigade ; the diftrift of Halifax, the fifth brigade ; i
into brigades & the diftrifl of Hillfborough, the fixth brigade ; the counties of !^owan, Montgomery, Cabarrus, Meck-
divisions. lenberg and Iredell, Ihall compofe the feventh brigade ; and the counties of Rockingham, Stokes, Surry
1800 28 ^"^ Guilford, fhall compofe the eighth brigade ; and the diftrift of Morgan, the ninth brigade ; and that ■
& ad's cited. the firft and fecond brigades fliall compofe the ftrft divifion ; that the third and fourth brigades compofe
the fecond divifion j that the fifth and fixth brigades compofe the .third divifion ; and that the feventh,
eighth and ninth brigades fliall compofe the fourth divifion.
{The remainder except the 3d. SeBion othernvife provided for, 1800, 28.J
III. And be it further enact^-d, Thd,t the ieverzl regiments in each brigade ftiall be numbered according
to the dates of the commiflion of the Colonels or officers commanding them refpeftively at the end of
the prefent feffion.
Regiments to
be numbered.
CHAP. 2.
1795, 11.
CHAP. 3.
CommifRioners
of nav!5,ution,
&c. tomi^e^ and
appoint a. place
fof vessels in-
fefted, to pet-
foini quaran-
tine.
Penalty on
master and pi-
lot of -any ves-
sel liaviig on
board an infec-
tious c'.iscasc,
not snclioring
at the p'ace ap-
pointed, ^c.
Crew to be ex_
aniiiied.
An aBfor altering the time of the next annual meeting of the General Jjfembly, ofthisjlate. TEMPORARY.
An aB to prevent the introduBion and communication of contagious difeafes.
HEREAS the fufFering veflels to come into any of the ports of this ftate, with any perfon or per-
fons on board infefted with any contagious diforder, or coming from any place where any fuch
diforder prevails, greatly endangers the health and lives of the inhabitants of this ftate :
1. Be it therefore enaBed by the General Affimbly ofthejiate of North-Carolina, and it is hereby enaBed by the
authority of the fame. That on the Second Monday in April one thoufand feven hundred and ninety-four,
or as foon thereafter as may be, the Commiffioners of navigation in the refpe£live ports and inlets of this
ftate, and where there are no Commiiuoners any three Jultices of the Peace convenient to faid ports or
inlets, ftiall meet together and appoint fuch place or places as they may think proper for veflels to perform
quarantine ; and when a veflel fliall arrive at any of the faid ports or inlets having an infeftious diftempcr
on board, or which came from any place that was at the time of her failing, or fliortly before, infedlc J
with any malignant diforder, the mafter and pilot of the veflel fliall anchor her at the place fo appointed,,
under the penalty of five"hundred pounds, to be paid by the faid mafter or pilot, and give immediate infor-
mation thereof to the Commiflioners of navigation, or \Vhere there are no Commiifioners, to the neareft
Juftice of the Peace, who with two others to be fummoncd by him, or any three of tlie Commiflion -rs
aforefaid, fliall thereupon caufe fuch vefl"el and her crew to be examined by at leaft one experienced pliy-
fician, where to be had, upon whole report in writing, which faid phyfician is required to make, and on
other information they may receive, it fliall and may be lawful for any three of fuch Commiflioners, r,!ul
where no Commiflioners, any three neighbouring Juftices, to order and command the mafter of the velkl,
crew and paflengers to perform quarantine, as by them fliall be deemed moft proper and requifite to
check and prevent any infeftious diftemper from fprcading in this ftate ; and every perfon on board fucli
vefl~el dire£led to pcrforra quarantine, fliall from time to time during fuch quarantine obey all and every
order given by the authority of the faid Commiflioners or Juftices refpedling the viftualling, p.irifying and
cleanfing of fuch veflel, and all perfons and articles on board, and the intercourfe of the faid pcrfons with 1793. Sf
the inhabitants of this ftate, the receiving any perfon on board or putting them on fliore. And if the faid i^^-v-O
pilot or mailer fliallnegle£l or refufe to give fuch information as above required, the pilot for fuch negleft To obey the or.
or refufal fliall forfeit and pay the fum of fifty pounds ; and the matter, for the like neg]e£l or refufal, c"mmL\on-
{hall forfeit.and pay the fum of one hundred pounds. And in cafe tlie matter of any veflel fo ordered to ers, Sec.
perform quarantine, ftiall refufe to comply with or fail to fulfil the orders of the Commillioners, or Juftices Pen. on pilot &
of the Peace, where tliereare no Commi/fioners, for performing quarantine with his veflel as aforelaid, he "^"^^^ "°' S'-
fhall forfeit and pay the fum of one hundred pounds for each day he fhall fail to proceed and perform the gary notice.
quarantine ordered by the Commiflioncrs or Juftices of the Peace, as in this aft direfted ; for which for- On tlie master
feiture or forfeitures the property of the faid Captain, with the veflel and cargo, fiiall be liable ; provided fornoifuUilUns
it fhall appear that the breach of the orders of the Comraiflioners or Juttices as aforefaid, was by the con- j/gs^^'ao.
fent of the owner or confignee ; but if the owner or confignee did not confent then and in that cafe the ISO .2 '.
matter of fiach veflTel only fhall be liable, to be recovered and applied in fuch manner as herein after di- Gapt vessel &
,pft»fl ' cargo liable.
rectea. Proviso.
II. And he it further enaHieiy That when any veflel fiiall be direfted to perform quarantine as aforefaid
and any feaman or paflenger fhall, contrary to the order and dire£l:ion of the Commiflioners or Juttices of Pen. on seamen
the Peace as aforefaid, leave the faid veflel and land on any other place than the faid Commiflioners or °^ passengers
Juttices Ihall allow of, each and every "perfon fo offending, fhall forfeit and pay the lum of one hundred vessel contrary
pounds for each and every offence ; and where the perfon or perfons fo ofi^ending fhall not be able to pay to order of the
the faid forfeiture, and it can be made appear that they left the veflel with the matter's confent, either ex- Commission-
prefs or implied, the faid matter fhall be liable to pay the faid penalty of one hundred pounds, for each ^"' '
and every fuch off^ence of any of his psflengers or feamen.
III. And he it further enacledy That when any veflel fhall be as aforementioned direfted to perform What penalties
quarantine, and any perfon or perfons knowipg of fuch order, either by the information of the matter or persons liable to
otherwife, fhall go on board of fuch veflel or vefl"els, each and every perfon fo going on board fhall forfeit \°^ ^^^ °"
and pay the fum of fifty pounds. And if any perfon or perfons fhall be permitted by the matter of fuch °^^ '
veflTel to come on board without informing him or them of the order and direftions of the Commiflioners
or Juttices of the Peace, the faid matter Ihall be liable to pay the fum of one hundred pounds for each and
every perfon fo offending, and the fum of two hundred pounds for fuifering any perfon fo on board to
depart his veffel without leave of the CommiflTioners or Juttices aforefaid. And the faid Commiflioners or
Juttices are hereby empowered to order every perfon who fhall go on board any fuch velfel, to remain
there for fuch length of time as they may think proper, and if they difobey fuch order they fhall be liable
to pay the fum of fifty pounds.
IV. And be it further enabled by the authority aforefaid. That the CommifTioners or Juttices aforefaid fhall Commissionert,
and they or a majority of them refpedively are hereby empowered, to iflhe their warrant to any Sheriff^ or a^^ehe'nded*^
other lawful ofHcer, commanding him to take the body of any perfon that may have left any veflTel ordered nypferson leav-
as aforefaid to ride quarantine, and carry or caufe to be carried him or her on board of faid vefl^el. And ing a vessel per«
tlie faid officer is hereby empowered to fummon fuch perfotis to aflfift him in the execution of faid warrant f°''"!'"g „ Sl"^""*
1 ^1. • 1 c ' * . rantine, nc.
as he may thmk lit, .
V. And be it further enaSledy That if any matter of a vefl*el ordered to ride quarantine, fhall convey, caufe, ?*"• ^°^ '*"'^'
or permit to be conveyed any article or articles of goods, wares and merchandife from on board his veflel, comfrry to ou
on any other land, or into any other boat or veffel than the faid Commiflioners or Juttices fhall authorife, he ders.
(hall be liable to pay the fum of one hundred pounds for each and every offence. And any other perfon fo
conveying or caufing to be gonyeyed any article or articles as above mentioned, fliall be liable to the like
penalty in like manner.
VI. And be it further enaBed by the authority aforefaid. That the faid Commlinoners or Juttices may. Master to pve
whenever they think proper, require from any matter of a vefl'el, on his arrival in this ftate, to declare on » state of the
oath the ttate of the health of himfelf, crew and paflengers, and of the place from whence he came. And cr"w\°*^if^e
if any matter fhall give a falfe declaration, or any phyfician fhall wilful'y give a falfe certificate of the health quired.
of the perfons on board any vefl'el fo entitled, he fhall forfeit and pay the fum of one thoufand pounds.
VII. And he it further enaBed, That the Commiflioners or Juftices are hereby empowered and diredied T^^^^L^^ ''*• ^
to furnifti any veflTel ordered to ride quarantine as aforefaid with a fufficient quantity of good, wholefome p"OTTsions7&«.
provifions, for the expence of which the mafter, veffel and cargo fliall be liable.
VIII. Andbe it further enaBed, That all fines, penalties and forfeitures herein mentioned, fhall be reco- ^'"«s how re-
vered by aftion of debt in any court having cognizance thereof, one half to the informer, the other half <=''v"»'''«-
I
58 1793. to be applied to the repairing public wharves, clocks, and c'earing the channel of any port where the fame
V.«<-v-«0 fiiall be recovered. Provided nevertheUfsy That this a£t fhall not commence and be in force until tlie firit
"When this aa day of April next.
m oroe. j^_ ^^^ j y^ it further enaEled, That all laws, claufes and parts of laws heretofore made, that come within
Clause. "^ *^^ meaning and purview of this a£t, be and the fame are hereby repealed and made void,
CHAP. 4-. An a5l to alter and amend the acl for the benefit of Infolvent Debtors.
WHEREAS by the tirftand feventh fe(Elions of an ad of the General Affembly of North-Carolina,
entitled, " An zSt for the relief of infolvent debtors, with refpe£l to the imprifonment of theiri-
perfons, " it is provided that debts and judgments againft perfons^ having taken the benefit of the faid a£t '
fhall be held to be fully fatisfied, and that no execution whatever fhall by virtue thereof iflue againft any
eftate which fuch infolvent debtor or debtors may afterwards acquire : And whereas it hath been experi-
enced that the faid feftions are frequently produdtiva of inducing fraudulent conveyances, to the injury of
juft creditors, and appear to this General Affembly againft good morals :
Part of former I. Be it therefore enaBed by the General Affembly ofthejlate of North-Carolinaf and it is hereby enaSiedby the
aa repealed. authority of the fame. That the aforefaid parts of the recited feftions of the a£l: aforefaid fhail be and are
Execution may hereby repealed and made void; fo far as the faid debts and judgments are by faid aft declared difcharged
'^ssue against ^nd fatisfied, and that from and after the palling of this aft, execution may iffue againft any eftate afier-
tmva*i^Tac * ' Wards acquired by fuch infolvent debtor or debtors taking the benefit of faid aft, any law, cuftom or ufage
quired by an in. to the contrary aotwithftanding»
solvent debtor, "*
CHAP. 5. An aEl to extend the right of trial By jury iojlaves.
In what cases I. TJ E it enabled by the General AJfembly of theflate of North-Carolina and it is hereby tnaSled by the au'
slaves are emit. J^ thority of the fame, That in all cafes hereafter happening, where any flave fhall be accufed of an
jurv^'&c? ^ offence, the punifhment whereof fhall extend to life, limb, or member, fuch flave fhall be entitled to trial
1794, 11. by jury, on oath, confifting of twelve good and lawful men, owners of Haves, in a fummary way, and in
open court of the county wherein fuch offence was committed. Provided neverthelefs. That if the court
1741,24. of the county fhall not meet within fifteen days from the time of commitment, the Sheriff of the county
1783, 14. Qjjjj gjjj jjj^y fummon three Juftices of the Peace of the faid county, and a jury of good and lawful men,
owners of flaves, who fhall have as full and ample power and authority ta try and pafs fentence on any
flave accufed and brought to trial before them, as the county court might or could have by virtue of this
aft. And provided akuays, That the faid jury and tliree Juftices fhall not be connefted with the owner of
fuch flave, or the profecutor, either by athnity or confanguinity.
Owner to have H. And be it further enacted. That when a flave fhall be apprehended for any offence, the punifhment
notice of his whereof may affeft life, me nber, or lim'j, it ihall be the duty of the Sheriff, and he is hereby re-
*"^'' quired to ftrve the owner of fuch flave, if known, with notice of trial ten days jwevious thereto (which
notice fhall be proved to the court) in order that the owner may have an opportunity of defending the faid
To pay all flave ; and tlie cofts of faid notice, and all other cofts attending the trial of any flave fo apprehended, where
costs, &<;, jjjg owner or owners fliall be known, fhall be paid by the faid owner or owners, provided the faid flave, if a
How recover. ^ freeman, would be liable to the payment thereof. And in cafe of refufal to pay the fame, procefs may
' * iffue from the Clerk of the court to compel payment, in the fame maner as for other cofts.
Slave to be a1- m. J„cl l,e it further enaEled, That when the owner of any flave to be tried by virtue of this aft, fhall
Ke c™' not be known, or cannot be difcovered or afcertained, or fliall refideout of this ftate, it ftiall and may be
where his mas. lawful for the court, and they are hereby authorifed and required, to appoint counfel to appear for and m
»er is unknown, behalf of the prifoner, who fhall be allowed the fame fee* as the Attorney for the' State is allowed for crimi-
*"^* nal profecutions. After which they may proceed to trial in the fame manner as if the owner had been
notified agreeable to the direftions of this aft, in which cafe the fees for the Counfel, Clerk and Sheriff,
fliall be paid by the county in which the court is held in the fame manner as other county charges.
CHAP. 6. An act more effectually toprovide againfl corrupt elections of Members of the Generaf Assembly and Sheriffs, and
to direct Ivhen Juflicesflmll qualify.
Persons declar- 1. TJE it enaEfed by the General Affembly of theflate of North-Carolina, and it is hereby enaBtd
ed ineligible to JJ by the authority of the fame. That no perfon who heretofore hath been, or hereafter may be receiver
a seat in the ^^f ^xM\c money, and fliall not have fully accounted for and paid into the treafury all fuch fums for which
Si7' iz he may be accountable or liable befcre the day of the annual eleftion, Ihall be eligible, or take a featia
either houfe of the General Aflembly. And any perfon fo indebted offering himfelf a candidate, or if e- 1793. S9
leded without offering prefuming to appear at any Aflembly to claim his seat therein, fhall for each and <->-v-«J
every offence forfeit and pay tl^e fum of one hundred pounds, to be recovered by action of debt, one half
to the ufe of the informer, and the other half to the ufe of the ftate.
II. And be it further enaSfedy That if any perfon fhall by force and violence break up any election, by penahy on
affaulting the officers thereof, or depriving them of the ballot boxes, fuch perfons, their aiders and abettors, persons at-
{hall be adjudged guilty of a mifdemeanor, and upon conviction fhall fuffer three months confinement in tempting to de-
gaol, there to remain without bail or mainprize, and until he pays fuch fine as the court before w^hom "Jn^ u " ^ft"
fuch conviftion is made fhall judge, not exceeding fifty pounds, and all cofts and charges. &c. '
III. And be it further enatiedf That no Juftice of the Peace, being a candidate for the ofBce of a Sheriff Justice giving
of his county, fhall be permitted to vote or fit on the bench at the ele£l:ion -, and if any Juftice of the Peace ^'^ vote, &c, to
fhall hereafter prefume to fit on the bench or vote on fuch election, he fhall forfeit and pay for every of- sfifriff'what*^
fence the fum of fifty pounds, to be recovered by aflion of debt, one half to the perfon fuing for the fame, penalty liable
the other half to the ufe of the county \ and his tote fhall not be counted. to, &c.
IV. And be it further enaEled, That where any Juftice of the Peace hath removed himfelf, or fhall here- Appointment
after remove himfelf out of the county for which he was appointed, into any other county of the ftate, °f a justice re-
and fhall not return within twelve months to refide therein, fuch appointment fhall be null and void ; and [he^comit°"V^
in cafe any fuch Juftice fhall in any manner prefume to aft in the county for «vhich he was appointed after dared void, &c.
fuch removal, unlefs re-appointed by the General AfTembly, he fhall forfeit and pay for every offence the Pen. for afling
fum of fifty pounds, to be recovered by aftion of debt, and applied one half to the ufe of the ftate, and *^'®' removal,
the other half to the ufe of the.perfon fuing for the fame.
V. Andhe it further enaEled, That any perfon heretofore, or who fhall hereafter be appointed a Juftice When Justices
of the Peace in any county within this ftate, and fhall not qualify within twelve months after fuch ap- are i to qualify,
pointment, fuch perfon fhall not be allowed or admitted to qualify after the time above mentioned is elap- ^^*
fed, unlefs re- appointed by the General Affembly.
An aBfor the morefpeedy and effectual collection of the arrears of taxes, and of other monies and certificates CHAP. 7.
now due, or luh'ich fliall hereafter become due and payable to the fate.
BE it enabled by the General AJfembly of the fate of North-Carolina, and it is hereby ena&ed by the authori-
ty of the fame. That two or more perfons be appointed by the Treafurer, who fliallbe called and CclleSors of ar.
known by the name of collectors of arrears, give bond with fufhcient fecurity in the fum of twenty tliou- "^^^^^ ^^ *P'
fand pounds each, payable to the Governor for the time being for the ufe of the ftate, conditioned for the Xo ' b d^
faithful accounting for and payment of all monies and certificates due or becoming due to the ftate, which secm-ity, &".
Ihall come into their hands or be colle£ted by either of them in confequence of their appointment as afore-
faid, who fhall have ridings alTigned them by the Treafurer, and whofe duty it fhall be to receive and take
diarge of all executibns iffuing on judgments obtained or which fhall be hereafter obtained by the Trea-
jfurer in behalf of the ftate, to carry or caufe them to be canied to the counties within their refpeftive
ridings where the debtors or their fecurities refide, to fee that they are properly levied, by fhewing or
pointing out to the Sheriflfe the property deemed liable to be levied on, be the fame in whofe poffefTion it
may, and by enquiring into and purfuing all legal means of detection and recovery in every cafe of fuggeft-
«d fraud j and it fhall alfo be the duty of the collectors to attend all fuch fales in their refpeClive ridings,
and to enforce the fame ; they fhall likewife take charge of the net amount of all monies and certificates
iarifing from the fales, and pay them into the public treafury, firft endorfing a receipt on the back of the
execution expreffmg in words written at full length the amount of the fame, which execution fhall be left
with the Sheriff, and fhall by him be returned to the Clerk of the court from whence it iffued, on the firft
or fecond day of the term next following the day on which fuch fale fhall have been made as aforefaid }
and for their fervices therein they fhall feverally be entitled to have and receive a commiffion of eight per ^"^^^^u '"'
centum on the amount of the cafh and certificates by them paid into the treafury, which fhall be deemed 180X^19/
a compenfation in full.
II. And be it further enaSied, That each of the collectors of arrears fo' appointed, fhall return to and file tj, ^^^^ ^g,
iwith the public Treafurer a minute and accurate written account or ftatement on oath, containing all their turn on oath of
deeds and tranfaClions in regard to the coUeCling arrears of monies and certificates as aforefaid ; which their transac-
account or ftatement fhall be by the Treafurer laid before the General Affembly, at their annual meetings : Treasure? &c
And each of the faid collectors fball make return of the ftatement aforefaid, fettle his account with the ' '"
Comptroller, (the fame being checked by the returns on the e;cecutions) and finally and fully pay up and
40 1793.
Time limited to
coTiplete a set-
tlement with
the Treasurer,
&c.
How execu-
tions are to is-
s'le where de-
linquents and
their securities
reside in differr
ent counties.
In what man-
ner coUedors
are to proceed
in pertiiin cases,
Clerks of courts
to furnish them
with copies of
records, &c. if
required. &c.
How to pro-
ceed against
Clerksrefusing
suchcjpiesj&c.
What liable to
ifconviiSed of
refusing from
fraudulent mp^
lives.
Property of de-
linquents, &c.
to be levied on
for collectors'
fees,
Sheriffs neg-
lefting or refu-
sing to do theijr
dut^.
CpUeiSors may
perform it, and
receive iheir
fees.
Penalty on col-
leiftors guilty of
ma -pr.iciice m
office, Sic,
account with the Treafurer for all monies and certificates received or waich ought to haye been received
by him in virtue of his appointment as coUeaor, on or before the firft day of November m each year, on ,,
pain of forfeiting all commiffions to which he would have been entitled had he done his duty, and of being j
proceeded againft in like manner as is by law direfted in cafe of the failure of Shei iffs ; and any colkaor
tailing to render an account or ftatement, fettle, pay and account as aforefaid, fliall henceforward be con-
fidered as having forfeited his appointment as colleaor of arrears, and he and his fecunties fliall be pro-
ceeded againft accordingly, without further notice. , , n •„ l . • j • n.
Ill Jnd be it further enaHed, That in all cafes where judgments have been or fhall be obtained againft
delinquent Sheriffs, and others in arrear to the ftate, and where it fliall fo happen that the principal and his
fecurities do not all refide in the fame county, it fhall and may be lawful for the Clerks of the courts, on
application of the Treafurer, to iffue executions from time to time to any one of the counties m which ei^
ther of the parties refide, or in which their property may be found, any law, cuftom or ufage to the con-
trary notwithft?nding. ..... j t •_!
IV. And be it further enaRed, That the colleftors aforefaid, in all cafes wheiem thofe in arrear and then
fecurities have removed themfelves out of the limits of this ftate, or become infolvent, mall cafes where nc
bond and fecurity hath been given for the accounting for the public taxes or other public dues, and in al
cafes where Sheriffs or other public debtors have been difcharged from payment by any decree or judg-
ment of the courts, and where there ftiU remains a balance unpaid and due to the ftate, fhail make diligen
fearch and enquiry, as well for property fraudulently fold, conveyed or conea Jexl, as to inform themlelv
whether there does not ftill remain in the hands of thofe formerly employed m colleamgtaxes or oth
monies and certificates by them collefted which are yet unaccounted for ; and to this end they ihallha'
power, and are hereby authorifed, to call on the Clerks of any of the courts of this ftatefor copies of fu«
part of their record or papers as may tend to the difcovery and detedion aforefaid ; and fuch informatv ^
and proofs having obtained, they ftiali lay the fame before the Treafurer, who fhall proceed in the fami
manner againft fuch delinquents as though they were Sheriffs, and fhall on motion be emitled to judgment
agamft them and their fecurities accordingly. ^ , . ,. r , y^, i r i
V. And be it further enaBedy That in cafe of the negleft or refufal of any of the Clerks of tlie courts in,
this ftate to furnifti to the coUedors aforefaid fuch tranfcripts and copies of the records as aforefaid ; it
fhall be the duty of the colledor to make report of fuch negled or refufal to the court of the county at;
the next fucceeding term, who ftiall examine and enquire into the caufes of fuch negleft or refulal ; and :
on fuch examination and enquiry being had, in cafe it fhall appear to the fatisfadion of the coui;t that;,
fuch tranfcripts or copies were refofed or withheld without juft caufe, or that they were fo refufed and,
withheld from fmifter motives and with intent to conceal or defraud, then and m that cafe the court flialj
direa a profecution to be commenced by the county Solicitor for the faid offence, and upon conviaion
fuch clerk ftiall be removed from office, and another appointed in his place accordingly. I
VI And be itfurthir f««^^J,That if any revenue or other public officer ftiall hereafter become mdeb
ed and in arrear to the ftate, fo that judgment ftiall be thereupon had againft him, then and m that cafi
it ftiall be lawful for the Sheriff or other officer to whom the writ of execution ftiall iffue in confequence "-
fuch judgment, and he is hereby required, to levy on and fell fo much of the property of fuch delinque
officer or his focurlties, over and above the amount of the debt due the ftate, as fliall be fufiicient to paj
and fatisfy the coramiffion of eight per centum given by this ad to the colledors oi arrearages aforefaiH
together with the cofts of fuit. , i. 01. -rr r .1 • a
VIL And be it further enaBed, That in cafe it fliall at any time fo happen, that the Sheriffs of this fta
or any of them ftiall refufe to attend the colleaors when called on for that purpofe, in fearch of goods an
diattels, lands and tenements, proper to be levied on, or ftiall fail or refufe to appoint the time of a;
intended fale, to advertife the fame, and to attend and do his duty on the day appomted, or m cafe th
or any of them fliall fail to do and perform the feverai duties by law required of them j then and m th
cafe it fhall and may be lawfol for the colledor to demand of the Sheriff fo failing in duty, the e.xecufi
or executions on behalf of the ftate commuted to his or their care, and to proceed to levy, make fale a
return the fame, in like manner as though he xyere flieriffj and for his fervices m fo doing, he ftiall
entitled to the fame fees and commiffions as flieriffs. . , r-
VIII And be it further enaBed, That in cafe any of the colleaors appointed, or who may be hereatl
appointed under the authority of this ad, fliall at any time be guilty of extortion or other malprattice
office, tending to the injury of any citizen, he or they fo offending, and being thereof conviaed, Ih
forfeit and pay to the party injured the fwii of five hundred pounds, to be recovered in any of the bup
rior Courts or County Courts of Pleas and Guarter-SefTions of this ftate, and fhall thereafter he ^elct and I'YO'S. 41
deemed unworthy of the appointment of colleftor, or of any office or appointment of profit or truft in this t-*nrO
Aate.
IX. And be itfUj^er enaBedf That from and after the paffing of this aft it fliall and may be lawful for P-iblic debtors
jmy perfon, being a public debtor and owing cafh to the ftate, to difcharge and pay ofFhis debt or balance, '"^> P^y *'■' .
by delivering to the Treafurer tlie amount of fuch debt or balance in any of the certificates iflued under the ideates.
authority of tKs ftate, and l?hich are at prefent receivable at his office, {thofe commonly called weftern or
Chickamagow certificates, thofe iflued at Warrenton in one thoufand feven hundred and eighty-fix, and
thofe iflued by Patrick Travis, Commiffioner of Cumberland county, excepted) calculating both principal
and intereft ; all certificates iflued for currency, being eftimated agreeably to the fcale of depreciation,
and not as heretofore rated and received, and bearing intereft ; Provided, That no perfon fhail be entitled ProvisQej.
to this indulgence unlefs he or they avail themfelves of the permiffion hereby granted, on or before the
firft day of July, which ftiall h^pen in the year one thoufand feven hundred and ninetyrfour. And pro^
videdfurther. That no revenue officer fhall avail himfelf of the benefit of the mode by this a£l poiriifed out
for receiving currency certific4t.es, except he maketh oath that he is the original holder, or hath received
the fame tor fuch value in the coUeftion of taxes for lands or confifcated property.
X. Ahd be it further enaEled., That for the future no citation or other warning fnall be required or held The flelinOTen-
necefl^ary, preparatory to the taking judgment againftany delinquent reveaue officer, but the delinquency cy of an officer
of all fuch officers fliall be, and the fame is hereby declared to be lield and deemed good and fufficient no- f^'ytak' V-^'^
dee, and fhall be fo confidered by the courts in this ftate, as well for the officers themielvee as for their nient, Uc.
fecurities ; and on all motions of the Attorney or Solicitor-General in behalf of the ftate, for arrears of
taxes or other monies or certificates due the ftate, judgments fhall be granted as well againft the princi"
pals as their fecurities, without fyrther uqt ice accordingly.
An a£t direBing the manner of proceeding againji the feveral officers therein mentioned. CHAP. 8.
I. HJ E it enacted by the General Ajfembly of the flats of North-Carolina, and it is henby enaBed by the ait'
JIj thority ofthefanie, That it fliall and may be lawful for any perfon or perfons injured by the negledl, Persons injured
mifcondu£1: or mifbehaviour in office of any of the Clerks of the Superior or County Courts, Clerks and j^i'^^f'^'^'^^,"*
.Mafters in Equity, Regifters, Entry-takers, Surveyors, Sheriffs or Conftables, to inftitute a fuit or fuits officer" remedy
againft the faid officers or any of them and their fecurities, upon their refpe£tive bonds for the due per- of.
formance of their duties in office, in the name of the perfon or perfons to whom the faid bonds are made
payable, without any affignment thereon.
II. And be it further enaBed, That the perfon or perfons fo injured and bringing fuit as aforefaid, fhalJ To receive mo.
be and are he.reby declared. to be entitled to receive to his, her or their own ufe* all monies fo recovered, nies recovered
in like manner as if the fuit or fuits had never been inftituted in his, her or their own name or names on '°g"^ °'^^
affignment as heretqibre required ; provided the perfon or perfons fo injured and bringing fuit as aforefaid provisou
fliall ftate in the declaration, as he, (he or they are hereby authorlfed to do, matter of inducement fuffici-
ent to fhew the court (m which fuch fuit or fuks may be brought) at whofe inftance and in whofe behalf
the fame is or are brought.
III. And be it further enaBed, That any perfon or perfons injured as aforefaid, by any of the officers May bring an.
aforefaid, may at his, her or their eleflions bring an a£l:ion on the cafe againft fuch officer or officers, and ^"^'O" f'" «he
jrecover damages for his, her or their injury as aforefaid, or an aftion of debt as above dire£ted. case or debt.
IV. And be it further enaBed by the authority aforefaid. That all Clerks of the.Superior and County Courts, officers to re*
Clerks and Mafters in Equity, Regifters, public Infpeftors and Surveyors, (hall and they are hereby re- new their
quired to renew their feveral bonds for the faithful difcharge of their duties in office, with good and fuf- ''''"'*^» ^^'
fictent fecurities, at the feveral and refped^ve courts wherein they have their appointment which fliall be
held after the firft day of June next enfuing, and once in every three years always thereafter. And it is or forfeit theiii
jFurther declared, that all fuch of the faid officers as fhall refufe or negleft to renew their refpe£live bonds '^^^^'
at the times before mentioned, and to give oth^and better fecurities when judged neceflary by the faid
xourts, (hall be confidered as having forfeited their refpeftive offices. And the feveral courts which have Court to ap.
the appointment of fuch officer or officers fo refufing or neglefting as aforefaid, fliall and they are hereby !'°'"* others ia-
irequired to proceed to the appointment of others in the place or places, of him or them fo refufing or ne- refusing.*"**
glefting. ^
y. And be it further enaBed, That when any Conftabie or Conftables in any county within this fliate, Proceedings aj
ilaali or may have received any money in virtue of his office or appointment as Conftabie, and fhall fail to gau»t Con»ta.
K
42 179S. pay the fame to the perfon or perfons entitled to receive it, that then and in that cafe it fhall and may be
L— -v'O lawful, upon motion made in the court of the county in which fuch Conftable refiJes, for faid court to
give judgment againft faid Conftable or Conftables, and his or their fecurities for all fum or fums of mo-
ney fo received and collefted, together with cofts, and to award execution thereon itvthe fame manner as
other executions iffuing from faid court, provided fuch Conftable has ten days previous notice of fuch mo-
tion. And where it {hall fo happen that any pcrfon's appointment as Conftable (hall expire, or he fhall
be removed from his office or appointment before fuch motion made, the fai||e remedy, pfoceedings and
relief fhall and may be had againft him as if fuch perfon was a<fl:ually in office, any thing to the contrary
notwithftanding. ^4
bles failing t<
account for mo
nies received.
Proviso.
Further reme
dy.
3800, 18,
1«G2, 18,
CHAP. 9.
CHAP. 10,
«HAP. 11.
Part of an acl
tepealed.
1789,20.
CHAP. 12.
County Courts
m-xy establish
places of in-
sp.iii on and ap-
point Inspec-
tors.
Duty and pri-
vileges.
yu, 26.
An aElfor raifing a revenue for the pa'^ment of the civil lift and contingent charges of government for the ;jear one
thoiifand /even hundred and ninety four. TempoRART.
An alt for claffmg the Juflices, for the purpofe of holding the fever al County courts of Pleas and ^darter-SefJtom
in this fate. REPEALED, 1798, 15.
An aB to repeal part of the ffth feBion of an aB of the General Affemhly, pajfed at Fayetteville, in the year one
thou/and /even hundred and eighty-nine, entitled, " An a£b to eftablifh an Univerfity in this ftate."
I, "B[J E it enaBed by the General Affemhly of the fate of North-Carolina, and it is hereby enaBed by the au-
^13 thorhy of the fame, That fo much of the faid fifth fe£tion of the before recited zQt, as authorilea
the Treafurer of the univerfity to pay fuch money as may come into his hands into the ftate treafury, and
from fuch fund to draw an intereft of fix per cent, be and the fame is hereby repealed and made void,
any thing to the contrary notwithftanding.
An aB to authorife the fever al County Courts in this ft ate to efahlifh infpeBions at fuch plates as they may think pr»-
per in their refpective counties,
I. "TJ E it enaBed by the General Affembly of the fate of North-Carolina, and it is hereby enaBed by the authf
JlJ ^'Xv ''/ *^^ fame, That the feveral county courts in this ftate be and they are hereby authorifed,
to appoint fuch place or places of infpeclion in their refpeftive counties as they may think neceffary, pro-
per and convenient ; and to appoint one or more Infpeftors for fuch place or places, whofe duty it fhall be
to infped fuch article or articles as by law are required, which are or may be brought to his place of in-
fpedlion for that purpofe -, which infpeftors, when fo appointed, fliall take the fame oaths, and be fub-
jed to the fame rules, regulations and reftridions, and be entitled to the fame benefits and emoluments,
as directed by the feverafaas of Affembly in force in this ftate, any law to the contrary notwithftand-
ing.
CHAP. 1 3. ><« act to repeal an act pajfed in the year one thoufand feven hundred and eighty f even, entitled, « An a£l dire£Hng
the duty of naval-ofTicers, and of all matters of vefTels coming into any of the ports or inlets of this ftate."
WHEREAS doubts exift how far the above recited z£t is fuperfeded by the adoption of the federal
conftitution by this ftate :
I. Be it therefore enacted by the General Affembly of the fate of North-Carolina and it is hereby enacted hy the
authority of the fame. That from and after the paffing of this z€t, the faid above recited adt fhall be and the
fame is hereby repealed andmade void, any thing to the contrary notwithftanding.
irsr, 9.
hO. repealed.
CHAP. U. ^" act to amend an act, entitled, « An zOi to compel certain officers therein mentioned to publlfli the appli-
l?y2, 32, cation of public money and aliowances for infolvents."
WHEREAS the before recited aft docs not defcribe in what manner the Sheriff fhall fettle and pay
thofe who are holders of county claims, neither does it point out a regular method whereby the
county Truftees fhall and may fettle with the Sheriff; vl^ereby many good citizens, having juft claims for
county money, are delayed of obtaining their right :
Clerk of the I. Be it thcrfore enacted by theGetieral Affembly of the fate of North-Carolina, and it is hereby enacted by the au^
Couuiy Court thorityofthcftme. That from and after the paffing of this a£t, it fliall be tlie duly of all Clerks within the
to number refpc£tive counties of this ftate, which if the fame fliall be thought advifeable or neceffary and fo ordered
^ "'"*" by the county court, to number all claims, orders and certificates that they may be allowed by the couit
in which he or they a£l:, in a book kept for that purpofe ; and fhall annually, the day before the county 1793. 4,3
court's proceeding to lay a county tax for the enfuing year, furnifh the Chairman of the court with a co- u-n^-^O
py of the fame ; likcwife fhall infert the different allowances agreeable to number in the tax lift that fuch To furnish the
Clerk or Clerks fupplies^the Sheriff or Colle£i:or with» in order that the fame may be coIie£led and paid Chairman with
according to their numl^r and priority. j* *^^J annual.
II. And be it further enaSied, That the county Truftee fhall only fettle with the Sheriff or ColIe£lor of County Trus-
public taxes according to number, beginning at the loweft number ; and where there is no Truftee in the ^^^'^ howtoset-
county, the county court may and ihall proceed to fettle with their Sheriff or colle£lor of public taxes in *'^* ^'^'
the like manner.
III. And be it further enacied. That any county Clerk negleiling or refufing to perform any part of the Penalty on
duty enjoined by this a6t, he fhall forfeit and pay the fum of ten pounds for every fuch offence, recovera- Clerk neglea-
ble before any jurifdiftion having cognizance thereof, one half to the ufe of any perfon who may com- «"? Ws duty
mence fuit for the fame, the other half to be applied towards defraying the county tax. ^'^'
IV. And be it further enaBed, ThJt when any county couf t fhall fo dire£l: their Clerk to record and Court to allow
number the county claims as aforefaid, fuch county court flaall and may allow the Clerk for all fuch fer- ^^'^ ^*"^ '*"'''
vices, annually, any fum not exceeding forty (hillings. *^***
»
An aEl th amend an aBfor afcertaining the duties and/alary of the public Printery and to repeal part of the feventh CHAP. 15»'
fection of an act pajfed at Edenton, in the year one thoufand feven hundred and tiventy-nine, entitled, " An ad- -.^ga "o
ditional a£t to an aft for appointing toll-books, and for preventing any perfon from driving horles, cat- 1785, 27*
tie or hogs to other perfons' lands." .^.
I. X) E /V enacted iy the General AJfembly of the fate of North-Carolina, and it is hereby enacted ^the autho- County court
J[3 rity of the fame. That from and after the paffmg of this aft, it fhall be the duty of the feveral <'let-k»' dutyas
Clerks of the county courts within this ftate, to apply to the feveral Superior court Clerks for the afts and |° n^^f th"l '''"^
Journals of the General Affembly, and fee that they are furnifhed in the feveral counties agreeable to law, "*"" * *''*'
who fhall be allowed by the county court for the fame.
II. And be it further enaEled, That if any Clerk fhall refufe or negleft to do his dutyas by this aft pref- P«nal«7.
cribed, he fhall forfeit and pay the fum of ten pounds, to be recovered before any jurifdiftion having
cognizance thereof, any thing to the contrary notwithftanding.
III. And be it further enacted. That the printer or printers of the ftate fhall and they are hereby requi- Direflmns con.
red to print the public laws feparate from the laws of a private nature, leaving a blank page between the '^""'."S the
public and private laws, and that they likewife print in the margin of each page the year in which the law fllvs!"^ " * *
was palfed.
I v. And be it further enacted. That the Secretary fhall caufe ta be collefted from the laws of this ftate Secretary to
and of the United States, a complete lift of all the fees that are demandable by any officer in the ftate for code's a list of
any fervice he is to perform, alfo the falary of each officer for the prefent year, and to furnifh the public ' r^ %y^ ^^'
printer with the fame, which the printer is direfted to publifh with the laws palled at this feffion. cers in thj»"
V. And be it further enacted. That from and after the paifing of this aft, that all that part of the feventh state, &c.
feftion of the before recited aft, as authorifes a Juftice of the Peace to order a white perfon to be whip- ^"'°f ^n *S'
ped for certain caufes therein mentioned, be and the fame is hereby repealed and made void. 1729^ ^^\
An aEi t6 amend fuch parts of the aEl, entitled, " An aft for eftablifliing Courts of Law, and for regulating chap, 16.
the proceedings fherern," as may relate to proceedings on attachments ; and for amending an aft for 2, 1777, 2.
making procefs in equity effeftual againft perfons who abfcond and who refide without the limits of ^^^^^ 23.
the ftate, and for better regulating the proceedings in the Court of Equity, V:^^^ 2^
WHEREAS it often happens that garniflices, as Well on original as judicial attachments, declare that
they have in tlieir hands property of the defendant or defendants of a fpecific nature : And where-
as by the before recited aft no provilion is made for afcertaining the value of fuch fpecific property, fo as
to enable the party plaintiff, where he fhall have made his recovery, to fue out execution for the fame :
For remedy whereof. 1*
I. Be it therefore enacted by the General AJfembly ofthflate of North-Carolina, and it is hereby enaBedby the pror>ertr of %
authority of the fame. That from and after the paffing of this aft, whenever any garnifhee fhall on oath specific natur«
confefs that he or fhe has in his or her hands any property of the defendant of a fpecific nature, or is in- ^'•""^ valued,
debtedto fuch defendant by any fecurity or aiTumption of the payinent or delivery of tobacco or other fpe- '^'
cific article, then, in either of tlxofe cafes, the court before wiioni fuch garnifhment fhall be made, fliaU
ii 1793. Immediately order a jury to be impanelled and fworn, to enquire of the value of fuch fpeclfie property
^••-v^O and the verdi£t of fuch jury fliall fubjeft fuch gamifhee to the payment of fuch valuaHon, or fo much
How a garnish- thereof as fhall be fufficient to fatisfy the debt or damages, and cofts of the party at wliofe inftance fuch
•^"TdL^^' g*™fbee fhall have been fummoned. Provided always, That fuch garnifhee who may on oath confefs
that he or fhe has in his or her hands any fpecific property of the defendant, as left or depofited in his of;
her pofleffion by fuch defendant, may always exonerate him or herfelf by delivering fuch property to the
Sheriff, who levied fuch attachment, or may levy the execution iffued i(hereon ; and the parry fuing out
fuch attachment, fhall not be at liberty to iflue fuch execution agaiafl: fuch garnifhee until the court next
following fuch garnifhment.
Proceedings H. And be itjurther enacted. That when any garnifhee fhall be called into Court, and on his or her^r-
^'he^ den's "ifl^'^^'^t ^'^^ deny that he or fhe owes to or has in his or her hands any property of the defendant, and
having proper- the party plaintiff in fuch attachment fhall on oath fuggeft to the Court that fuch garnifliee owes to or has
ly. property in his or her hands belonging to the defendant, or when TCf^ garnifhee fhall on his or her garnifli--
ment make fuch a flatement of fafts that the Court before whom fuch garnifhment Ihall be made cannot
proceed to give judgment thereon, then, in either of thofe cafes, the Court Xhall order an ifTue to bemad^
up, which fhall be tried by a jury, and the Court fhall give judgment on their v^di(9; as in other cafes.
Where an at- m* -^d be it further enaSled, That when any perfon fhall fue out an attachment, and the fame fhall be
tachment is le- levied on property which fhall be claimed by any other perfon, fuch claimant fhall be at liberty to inter-
^'"1 °" J*J°f "^" plead, firft giving fecurity for fuch cofls and damages as may be awarded againfl him, and fhall at the
othersr ^ fame time, file a petition in writing, fetting forth the particular property claimed, and by what right or ti<
tie he cl^is the fame, a copy of which petition ihall be ferved on the party fuing out fuch attachment
at leaft ten days before the next court •, and at the Court to which the return of fuch petition fhall be made
the Court fhall order a jury to be impanelled, to enquire in whom the property is of fuch article or pro*
perty as may be fo levied upon, and the finding of fuch jury ^all be cpnclufive as to the parties then iJQ
court, and the court fhall adjudge accordingly.
Where attach- \y, Jnj, i,g it further enaBed, That in all fuits commenced by attachment, which fhall be returnable be-
wturnable be- ^^''^ ^ Jullice of the Peace, the Juftice to whom fuch attachment fliall be returned fhall flay all proceed-
fore a Justice, ings thereon for the fpace of thirty days, unlefs the defendant to fuch fuit by attaehmeht, his agent or at-
*'<^- torney, fhall replevy the goods, chatties or property fo attached.
V. And whereas frauds are frequently committed on executions, in order to prevent the recovery ol
^°^'^^°1'''°^^^'^ the honell creditor: Be it therefore enaEled, That when the SherifFof any county in this, flate, returneth on
conveying pro- the execution in his hands that there is no property to be found belonging to the defendant in his county^
pert) 0 prevent and it is fuggeiled by the plaintiff that the defendant hath fraud.ulently made away witli his property, for
an execution, jj^g purpofe of avoidi^jg the payment of the execution, notice in the nature of a fcire facias, on motion oi
the party plaintiff, fhall be direded by the court to iffue to the perfon or perfons in whofe hands fuch prdiJ
perty is fuppofed to be held, and on return of the faid fcire facias, .executed as other original procefs, am
■» ifTue faall be made up whether any fraud or concealment of his property hath been made by the defendaiw
•^ to the perfon cited or noticed, or whether the fame hath been made over to avoid the recovery aforefaic
without juft and valuable confideration ; and if the jury fliall find fuch fraud, concealment or makins
over as aforefaid, they fhall alfo fpecify the property fo.fraudulefitly concealed, or made over, and execi
tion fhall ifTue againft the fame in the hands of the garnifliee or perfon notified, in the fame manner
jjgainft the defendant himfelf, Until the judgment fhall be fatisfied, fliQuId fuch property be fufficient /d
that purpofe.
Special tjail on VI. And whereas by the prefent mode of proceedings on attachments, the perfon or perfons who en4
pcKv liable'on- '^'^ themfeh'es as fpecial bail on replevying the property, become fpecial bail to anfwer the whole demand
ly for the pio- of the plaintifl": Beit therefoi-e mailed. That the petfon or perfons entering themfelves as fpecial bail on re.
pen jr held. plevying property attached, lliall only be held liable to anfwer the value of fhe property which he, flie or
they as aforefaid do refpe^tively hold or have returned in the garnifhment, and ro more, but the fecurit
replevying fhall not avail themfelves of paying the value of the property fo replevied, unlefs fuch fecuritj
fhall at the return term or fclFion move the court to impanel a jury to afcertain fuch value by enquiry^
1. which enquiry .the court fhail have executed on motion made as aforefaid, notice being given to the plain^
tiffin attachment, his agent or attorney, at leafl five days before fuch motion fliall be made, and that Iff
cafes coming before a Juftice out of feffion, three freeholders ihall be fummoned to alfefs and value
property on oath.
VII. And be itjurtFer enacted, That in all cafes of attachment returnable before a Juftice of the Peac
wherein the intervention of a jury as above prefcribed in this a^i in cafes of ^arniniment made in court is 1T93. 45
neceflary, the fame (hall be returned to the next court of the county in which the attachment ilRied, any i-.-v-«»J
law to the contrary notwithftanding. " Where an at-
"VIII. And be it further enacted, That when any original or judicial attachment fhall be returned to any f^'^'"'"«"t shall
court within this ftate, as levied upon the goods and chatties, lands and tenements, of any perfon or per- !he Co'urT'&.c*'
fons refiding without the diftri£t in which fuch attachment- has been ifliied, it fliali be the duty of the Clerk Proceedings
of fuch court to caufe the fame by public advertifement to be made known for three months next after the "''"'^'■«="i ?t-
return made as aforefaid ; and until the faid three months fhall have expired, it fliall not be lawful for fuch lMe(Ur^o^)er"
courts to fuffer any final judgment to be entered upon any fuch attachment : Frovidid alwaysy Where fuch ty crany^^per-
_ proceedings on original attachments fliall be had before a Juftice out of feffion, it fhall be the duty of the ^°" p""^ °^ ''^*
•Jaftice to dire£t advertifement of the fame for the fpace of thirty days only. nistna, &,c.
IX. And whereas great complaints have been made of the charges of com.mifTions on accounts allowed Part of an aA
the Mafters in Equity in this ftate : Be it therefore maEled, That fo much of an a6t making proceGs m eoui- '■"^l^eated.
ty efFedual, &c. pafTed in the year one thoufand feven hundred and eighty-feven, at Tarborouo-h, which ^^^^' ^^*
grants the Mafters and Clerks in Equity for a report ftating an account, one per cent, on the amount of the
account exhibited where the account is made five hundred pounds, and one half per cent, for all fums
over five hundred pounds, be repealed and made void ; and that the Clerks and Mailers in Equity fhall be Allowance to
allowed on all fuch reports, as much as the court may in their difcretion think adequate to the a£lual la. Masters in
bor and trouble beftowed, not exceeding in any cafe the fum of twenty-five pounds ; and the Mafter fliall ^^^^'^l^'' "'^*
in all cafes give notice to the party liable to pay cofts, of the time that he will move the court to tax fuch
cofts as may arife on the reference of accounts.
An aEi to empower the Wardens of the poor in the feveral ctunties ivithin the fate to lay a further tax for the ?HAP. 17,
fupport of the poor, and for eledting Wardens of the poor tuhere none have been elected agreeably to lanv. ' '
I. T> E it enacted by the General Jffembly ofthejlate of North-Carolina, and it is hereby enacted by the aii- Wardensofthc
JL) ^^enVj) e/'/A^yJzwif, That the Wardens of the poor for the feveral counties in this ftate be and gj to levy a tax
they are hereby empowered to lay a tax annually, after the palling of this acl, on the inhabitants of their annually,
refpeftive counties, not exceeding one fhilling on every poll, and four-pence on every hundred acres of ''^' ^^•
land, and one fhilling on every hundred pounds value of town property, in addition to the taxes which
the faid Wardens have been heretofore empowered to lay for the fupport of the poor ; and the taxes to How applied,
be raifed in purfuance of this a£t fhall be coHe£ted, accounted for and applied in the manner heretofore
prefcribed by law. And tire faid Wardens are likewife empowered, when to them or at leaft two-thirds T° ^^^^ huM'
of them in each county it appears necefTary, to eredt: proper buildings in their refpeftive counties for the '"^^
reception, refidence and employment of the poor.
II. And whereas it fometimes happens that an election for Wardens of the poor is omitted at the time
appointed by law, whereby doubts have arifen whether any ele£lion would be legal until the next year :
Be it enacted by the authority aforefaid. That In all cafes when the time of fervice of the laft appointed War- County Court
dens fhall be expired, and the County Court deem a new eleftion necefTary, it fhall be lawful, and they 'kin /o'^'av^*^*
are hereby required, to order an eleftion for Wardens, which the Sheriff of the county fhall obey and dens.
hold under the farne rules, regulations and reftridions as are prefcribed by law for the regular elec-
tions.
An ait direSfing in what cafe Sheriffs fhall fell the efate ofdeceafedperfons, and to repeal part of an aB,paJfed in chap. 1 8.
the year one thp uf and feven hundred and tiventy-three, as to the manner of adverttftng the f ales of the eflates of -y^^ j^
decea fed per fons.
WfEREAS doubts have arifen in what cafes the Sheriff fhould be employed to fell the eftates of
deceafed perfons, and great abufes have taken place in confequence thereof :
L Beit enacted by the General Assembly of thejlate of North-Carolina, and it is hereby enacted by the authority !„ ^hat case
of the fame. That from and after the pafTmg of this aft, it fhall not be held or be deemed to be the right or the Sherifimay
duty of the Sheriff to fell or difpofe of the eftate of any deceafed perfon, except where adminiftration of"j,^gj^^*j[*^"
may be granted to the creditor or the creditors pf the deceafed, in which cafe the Sheriff fhall be allowed persons,
by the Court, fo as fuch allowance does not exceed two and a half per cent, any law to tlie contrary not- 1762, S.
withftanding.
II, And whereas by an aft paffed in the year one thoufand feven hundred and twenty- three, entitled,
« An additional aft to an aft, entitled. An aft concernuig proving wills and granting letters of adminift-
L
46 1793. ration, and to prevent fraads in the management of inteftates eflates," It is enafled that the executors or
C*^v"*«-> admhiiftrators fliall advertife the fale of the eftates of deceafed perlons, by affixing a copy of the whole
inventory exhibited by them, at the court-houfe door of the precin£t, during the Court's fitting: And
whereas this a£l: hath been in many parts of this ftate difufed, and hath been found unneceflary and in-
Part of an a<ft convenient : Be it therefore ena£ied, That io much of the faid recited a£l as fliall require executors or ad-
repealed, miniflrrtors to affix a copy of the inventory to adver tifement of fale, ihall be and the fame is hereby re-
pealed and made void.
CHAP. 19.
2, 1777, 2.
What suits may
be commenced
y^n aElfor limiting what value fuits may he commenced in the Superior Courts.
WHEREAS by an a£l: of Aflembly palfedin the year one thoufand feven hundred and feventy {even,
it was enacted that no fuit fliall be inftituted in any Superior Court where the parties refidefc.^
in the fame difl:ri£l for lefs than one hundred pounds, and when in different diflrrifts fifty pounds, and
the Judges having decided that the fame was in depreciated money, and thereby the intention of the
law is rendered inelFedlual : For remedy whereof,^
I. Be it enaBedby the General AJpmhly of the Jl ate of North-Carolina^ and it is hereby enaSfed by the authorr
• h s «)' ^'/,6^y2j;«f, That from and after the paffing of this a61:, no fuit fliall be originally commenced in any of
Court "^^"°' the Superior Courts in this fliate, for any debt or demand of lefs value than one hundred pounds, where the
plaintitFand defendant live in the fame diftridt, or for lefs than fifty pounds, where the parties live in dif-
ferent diflirifts, and if any fuit fliall be commenced contrary to the true intent and meaning hereof, or if
any perfon Ihall demand a greater fum than is due, on purpofe to evade this a<fi, in either cafe the plain-
tiff ihiU be nonfuitedand pay cofts : Provided always^ Th^t if the plaintiff or any other perfon for him
will make an affidavit (to be filed in the Court) that the fum for which his fuit fhall be brought, is really
due, but for want of proof, or that the time limited for the recovery of any article, bars a recovery, then
and in that cafe fuch plaintiff Ihall have a verdi£l and judgment for what appears legally proved, any
thing to the contrary notwithftanding. Provided alfo. That nothing herein contained fhall extend or be
conftrued to extend to fuits on bonds,^ penal bills, or other a£tion of debt grounded on a penalty, where
the balance due on fuch bond or penal bifl, or other adlion of debt, is not of lefs value than the fums herein-
before mentioned to be limited for bringing fuits in, the faid Courts.
CHAP. 20. An act to repeal an acty entitled, " An a£l for laying a tonnage on vefTels for the purpofe of deepening the
Swafh channel, near Ocacock Bar."
A& repealed. I. T\'E, it enacted by the General AJJembly of the fate of North-Carolina^ and it is hereby enacted by the aum
Ante p. 17. |j thority of the fame y That the before recited aft be, and the fame is hereby declared to be, re*
pealed and made void, any thing ta the contrary notwithftanding.
CHAP. 21. An act to amend and explain the fifth feSlion of an aB pajfed at Fayettevilhy in the year one thoufand feven hundred
and eighty-nine, chapter thirty-nine^ entitled, *< An a£t to amend an a£t, entitled an aft directing the
1783, 39, mode of proceeding againft the real eflate of deceafed debtors, where the perfonal eftate is infufficient
for the payment of the debts."
WHEREAS by the provifo of the fifth feftion of the faid a£t, the Intention of the legiflature and
the obje£t of the law is rendered obfcure and inoperative, by the vroxA feri facias having cr ept
therein, through the miflakeof the Clerk or the Printer ^
I. Be it therefore enaBedby the General Ajfembly oftheflate of North-'CaroUnay and it is hereby enacted by the
fteadlf fi" f"' ''"^^°'''^y of the fame. That the provifo in the fifth fe£tion of the faid aft be amended, by infer ting therein
cias. ' in words fcire facias inftead of the words^m facias ; and that fo much of the faid aft, couched in the-
words fieri facias as aforefaid, be and the fame is hereby repealed and made void, any thing cothe coi>r
* trary notwithftanding.
Jn aB to amend part of an aily entitled^ « An aft to prevent any perfon who now does, or who may here- 1793 47
after, hold any office, appointment or authority under the federal government, from being eligible to ^.**-Y^
a feat in the General Aflembly of this ftate, and to prevent any perfon from holding or exercifing any chap 22.
office or appointment under the authority of the faid ftate, fo long as they continue to holder exercife 1790,6,
any office or appointment under the authority of the Uuited States," as relates to the Senators and Ante p! 27,
Reprefentatives vacating any comm'tjfion they may hold as Jujlices of the Peace. ^^^^' ^'
I. T> E it etiaaed by the -General Affembly of thejate of North-Carolina and it is hereby enaBed by the aw Part of an a*
_£) thority of the famcy That the faid aft, fofar as it relates to the Senators or Reprefentatives of this "P^*'^'
ftate vacating any commiffion they may hold as Juftice of the Peace by accepting a feat in the Congrefs of
the United States, either as a Senator or R eprefentative, be and the fame is hereby repealed and made
void.
An aB to compel the Entry-takers ofthefeveral counties in thisflate to give bond and fecurity every two years here- CHAP. 23.
. after, for the faithful performance of their duty, and to repeal fo much of an aB pajed at Hill/borough, one
thoufand [even hundred and eighty-four, as authorifes any perfon unwilling to pay taxes for their land to make
afurrender offuch land to the fate, and direBingfuch perfons as have furrendered heretofore to defcrihe the land
furrenderedt
1^ T>E it enaBed by the General Affembly of the fiate of North-Carolina, and it is hereby enaBed by the authori- County Courts
' J3 0* of the fame. That it fliall be the duty of the county courts refpedively, and they are hereby em- ^? ^^^^ ^°^^
powered and directed, to call on the Entry-takers of their relpeftive counties at the term which fliall hap- kerT ^"*'^'**'
pen next after the firft day of July, one thoufand feven hundred and ninety-four, to give bond with fuf- Ante p ir
ficient fecurity in the fum of two thoufand pounds, payable to the Governor for tJie time being, and con- l,"ir84, 1.'
ditioned for the faithful difcharge of his duty as Entry-taker; and no Entry-taker, who fliall be appointed ^''^'' 21.
from and after the faid firft days of July next, fliall enter upon the difcharge of his office without giving }795 I7
fuch bond and fecurity ; and at the expiration of every two years thereafter, fuch Entry-taker fliall in the 3796,' 7'
fame manner as at firft renew his bond with fecurity as aforefaid. And in cafe any Entry-taker fliall re- ^^9^' l'^-
i fufe or negleft to give bond and fecurity, and renew the fame as by this a£t required, every fuch Ertry- jygg" \\
taker fo refufing is hereby declared to vacate his office, and to be ineligible to the fecond appointment -,
and it fliall be then the duty of the court of fuch county wherein the faid Entry-taker refides, to proceed
immediately to the appointment of another perfon, well qualified, to fill fuch vacancy : Alfo if the faid
Entry-taker, or any Entry-taker within this ftate, fliall fail to produce a certificate from the Treafurer,
that he has paid up all monies and certificates by him received in virtue of his office to the end of the pre-
ceding year, his appointment fliall be vacated in manner as aforefaid. And all Entry- takers appointed to
fill fuch vacancies as by this aft made, fuch fliall be under the fame rules, regulations and reftridtions as
other Entry-takers within this ftate : Provided neverthelefs. That if the Entry-taker of any county ffiall pro-
duce to the court of the county a receipt in full of a final fettlement of his accounts to the end of the pre-
ceding year, at the time he is required to renew his bond in the year one thoufand feven hundred and
ninety-fix, it fliall be fufficient. And provided alfo. That no public debtor fliall be eligible to the office of
Entry-taker.
II. And be it further enaBed, That 'ii any Entry-taker, who by virtue of this a£l is difplaced, refufes to Entry taker
deliver up his books and all other papers and documents relative thereto, to his fucceflbr in office, he ffiall displaced to de-
fer fuch refufal forfeit and pay the fum of two thoufand pounds, to be recovered before any jurifdidion ^c^ *^'^ ^°° '
having cognizance thereof, to be applied to the ufe of the ftate.
III. And be it further enaBed, That where lands have been furrendered up to the ftate by any perfon or i.ands surren:
perfons, under the aft of the General Aflembly pafled at Hillfljorough in the year one thoufand feven hun- dtred and not
dred and eighty-four, and have not been particularly defcribed in fuch furrender, the perfon fo availing pa"'cula>-lv de-
himfelf of the aft aforefaid, ffiall within twelve months after the paffing of this aft file in the office of the thereof 'to* be*'
Clerk of the county wherein fuch furrender was made, an exaft plat of the land fo furrendered, with a filed,
particular defcription of the bounds and quantity thereof, under the penaity of fifty pounds, to be recover- Penalty.
ed as aforefaid, one half to the perfon fuing for the fame, and the other half to the ufe of the ftate ; and
that fo much of an aft of the General Aflembly pafled at Hiiliborough, in the year one thoufand feven Part of an a«a
hundred and eighty-four, which authorifes any perfon or perfons to furrender up their lands to the ftate, tepealed.
be and the fame is hereby repealed and made void. ' - '
IV. And be it further enaBed by the authority aforefaid. That for the year one thoufand feven hundred Entry-takers to
ninety-four, and each fucceeding year, it fliall be the duty of each and every Entry-taker within this ftate, return to the
48 1793.
Entries not to
be withdrawn.
Repealing
clause.
CHAP. 24-.
1, 1741, 17.
u..o?cnmo, failure ) one fair lift of all the entries made in lus office in the courfe of the preceding year ; ^"hi* ilt
S coluin the rllber and date of each entry, alfo the name of the P«f- -W f|;" '?• j/ *=
u <• ^^..o. or.f^^^^ K„ />cirli . pach of which returns or hfts fhall commence on the hrlt day oi janu-
arT and end on tttoy^firftdayof December in the fame year ; and where it ftall fo happen dia, an
Si'/ry "i« h^been Soteed Jhen the year was advanced, his firft return (hall commence with his
%°TJT;/,>X^l£,*tfltta« no\S^^^^ for any perfon malting an entry of lands to with-
draw the fame: bu aU entrance monies Iball be paid by the refpeaive Entry-takets into the public treafu-
,,,and1n cafe of deficiencies when the lands entered ihall be furveyed, the perfons entering may avad
ing hereof, fhall be and the fame are hereby repealed and made void.
An aa to amend an uB, entitled, « An ad for regulating weights and meafures."
^TTTHEREAS it do^s appear to this General Affembly that the ftandard-keepers' fees are not adequate
V/V to the trouble annexed to their appointments : Therefore, , . . , , „ j i ^l ^l •*
\\\tenaaJdbythe General Ajfembly cf the ^te of North-Carolina, and '^^ ^'"^^ '"'^'^ { f ^ S
of the fame That f/om and after the paffing of this aft, the feveral Randard-keepers m this ftate (hall and
S^ite^'^^'iC-ehire^ of fteelyards, weights or meafures by them
ftamnpd and lealed. the fum of one fhilling and fix-pence. .,. , • j
Re eauns l^AnfbeHfXerenaaed, That all ads or par?s of afts tl^at come withm the meamng and purview
^^ of this ail, are hereby repealed ^nd made void.
An aB approbating the new great feal of the JIate. 'j,.j .„4
WHEREAS in purfuance of an aft paffld at Newbern in the year one thoufand feven hundred and
ilnefy on " e^ntitled. « An ad to provide a proper feal for the ftate and the feveral Cour^ of re-
cord," the Governor hath procured a new great feal for the ftate calculated to make an impreffion on the
face of the grant, commiffion or other public aft with one fide only : ,•,•»/ ^ ji ^u.
I Be it tire f re enaBed by the Gene/alJfemhIy of the fate of North-Carohna, and tt,s hereby en.Bed by the
aXZofthlLe, That afL the firft dav of March next, the faid new great feal fhall be ufed for attefl-
W Sfutl n^^^ grants, commillions, proclamations, and other public ach ; and thefa.dne.v
.r?at feal fJ 1 be good and valid, \o all intents and purpofes, as the former great lea hath heretofore been
Sv aw ufaVe or^cuftom to the contrary notwithftanding. Pro.nded neverthelefs , That the former great
• tl\ of the ftate ftiall and may be ufed for attefting and authenticating ^l^^f'.^^'^'^f^^'STTTA
and o her pubUc aas, until the faid firft day of March next, and until the faid new fea fhall be depofite4
in the Secretary's-office, and after that day fliall be kept fo, the purpofes mentioned m the fourth and laft
fedion of the above recited a<^»
CHAP. 26.
Ante p. 29.
Rule in statin
and keeping
clause.
CHAP. 25.
Ante p. 13.
1794, 19.
1, 1778, 9.
New great seal
approved, ' and
when us^d.
Proviso,
An act to amend an aB entitled, « An aft to amend the feveral acls of AfTembly which refpeft the duties
the Comptroller of the pubjic accounts of this ftate," pajed December, feventeen hundred and mne^
T 'tiTe it enaBed bv the General Affcmbly of the Jlate oj North^Carolina, and it is hereby enaBei
. ' Wb theZliity^fZLe,^^^^^^^
publicaccounts. f,,,*i^/{/i'i.:"' he JubUc IccoUs of this ftate. and which are therein confined to the taxes of feven^
ten iundred^rnfle^^ monies becoming payable in feventeen ^J-f J^ -d^-J^^S
1787. 10. ,„d thenceforward, ftiall from and after the firft day of November laft apply ^P;"^}^^^. f ^^™,;;i^^^
keeping all public accounts reported on,' or which ought to have been reported on ^Y j^e fmp^olkr
that is to falthey fhall apply to and be obferved in ftatmg and keeping all accounts ^'\^;7^ '^f ^^^^^^^^^^
. due or which became payable after the firft day of January, feventeen hundred ^"^.^^^.^rXmrn^^
on which the Comptroller's reports are by the ad of feven hundred and eighty^feven ^^^^^"^^^ J/^^T 'T^j^^.H
IL And be itfilher enaBed by the authonty aforefa^d, Thatthe Cor^Pjoller in rajfrng accm^^^^^^^ cfaim^d ^re
viduals in arrears under this ad, ftiall cWge them with the balance for which the 1 reafurer claimed cr^
dit in the fettlement of his public accounts up to the faid firft day of November hift, that is to fay, up to the 1 793. 49
firft day of November, feventeen hundred and ninety-three, and which have been reported to the General ^-*-v-*J
Aflemblv and potted up during the prefcnt feffion, and with fuch other and further fums as he fhall from I" raising ac-
■'• . Ill J X. • t\ ^\. counts asainst
ome to time be enabled to produce a charge agamit them. individuafs.
An aEifor altering the time of holding the County Court of Pleas and ^larter-SeJionsfor the county of Perfon. chap. 27.
WHEREAS the time at prefent for holding the County Courts of Pleas and Ouarter-Seffions for
the. county of Perfon is found to be inconvenient : Therefore,
I, Be ifenaBedbythe General Ajfembly of the Jlnte of North^Carolinay and it is hefeby enaBed by the authority Time of hold-
of the fame. That the Court for the county of Perfon, after the pafTing of this aft, fhall be held on the firft ^fun!"""
Mondays in June, September, December, and March, in each and every year j to which time all matters
and things in the faid Court depending (hall Hand adjourned and continued from the Court which will be
next in courfe after the paffing of this a*^:, and fhall be valid in law, any thing in any law to the contrary
jiotwithftanding.
An a^ to appoint Commijponers to fell the Palace^ and other buildUtgs thereunto belonging, in the town of Ncfv chAp. 28.
bern, for the tfe of thefate. TEMPORART. 1798,29.
An aEi for altering the time of holding the County Courts of Pleas and ^tarter-SeJions for the county of Randolph,
REPEALED^ 1800, 61. " '
CHAP. 29.
An aB to annex part of Glafgohu county to Wayne county. CHAP. 30.
i* E it enaBed by the General Affembly oftheji.te of North-Carolina^ and it is hereby enaBed by the autho- ^^^^ aiQ,\?l-
rify of thf fame, That from and after tUe paffing of this aft, all that part of Glafgow county, ly- gow annexed to
ingT^fiiuated and bounded as follows, beginning where the Wayne county line crofles'the fouth prong of vVayne.
Bear creek, then down the faid fouth prong to the fork, then up the north prong to where the Wayne ^'^ P- 20.
CAunty line croffes the fame, and then with the faid county line to the beginning, be added to and made a
part of Wayne county.
[The rejl unneceffary fo be inferted."^
An aB to add part of Burke and Wilkes counties to the county of Iredell. CHAP. 31.
WHEREAS it is reprefented by petition to this General Affembly that many of the inhabitants of
Burke and Wilkes counties, would be highly benefited by being added to Iredell county :
I. Be it therefore enaBed by the General AJembty oj the flate of North- Carolina, and it is hereby enaBed by the Iredel! county
authority of the fame. That from and after the paffing of this z€t Iredell county fhall be extended in the fol- f^ ^g'^|g-
lowing manner, to -wit, beginning at Iredell county line on the Catawba -river, thence up faid river about i ^777, 19.
three miles to Uriah Davis's, thence nearly a north courfe about two miles to the bent on lower Little-ri- i, \777, 2,i,
ver in James Fox's land, tlience up faid river to the lower end of John Barnes's land, thence nearly a
north-eaft cpurfe along the dividing ridge between Grafl'y and Muddy forks to Iredell line between Black-
Oak ridge and. Brufliy mountain, thence a fouth courfe along faid line to the beginning ; and all the land
included by faid line is hereby annexed and added to the county of Iredell.
[Jhe refi unneceffary to be inferted."]
w
An aB for adding part of the county of Martin to Edgcomb. CHAP. 32,
HEREAS adding the fouth-weft corner of Martin county to Edgcomb will greatly relieve the in-,
habitants thereof :
Be it enaBed by the General Affembly ofthejlate of North-Carolina, and it is hereby enaBed by the authority part of Marti;
of the fame. That all that part of the county of Martin fouth-weft of the line beginning where the line di- added toEdg-
vidmg Edgcomb and Halifax ftrikes Martin, running thence a ftraight courfe to the Wolf Pond near the ""^f^^ '^°^^^'-
Indian-Branch, thence to the great Cyprefs-Pond on William's thick, from thence to Thomas Taylor's as J 1*41, 7.
ftraight as may be fo as to include Micajah May's, from thence due fouth to Pitt county line, be added to ' ' *
the county ofEdgcomb -, and that from and after the paffing this aft, all that part of the county of Mar-
• tin within the bounds above prefcribedbe annexed to and made part of the county of Edgcomb, and the
M
50 1 795. inhabitants thereof fliall be fubje£l: and liable to the fame rules, orders, taxes and privileges, as any other
Ci^-v-'O the inhabitants of the county of Edgcomb.
{The refl except the lajijection unneceffary to he inferted.']
V. And he it further enacted. That in future the county of Edgcomb, in confequence of the above additi-
on of its inhabitants, fliall fend to the Superior Court of Halifax one juror more than fornerly dona, and
that the county of Martin, in confequence of its lofs of inhabitants as aforefaid, fliall fend one juror lefs
than hitherto, any law or ufage to the contrary notwithftanding.
Jurors.
3. 1779, 6.
CHAP. 34.
This and the
aa of 1794, 92,
relating to one,
■n-hicli by a
*cla>ise of it is
made a public
cne.r.me p. 31,
are retained.
Perhaps, they
arca'l obsolete ;
a new compa-
ny being estab-
lished, by the
aa of 1796, 20,
which being
private is omit-
ted.
CHAP. 36.
Time of hold-
ing courts in
Bertie county.
1785, 2.
CHAP. 63.
2, 1777, 23,
Toll forcem
and wheat.
An ttSi to amend an act, entitled, " An z£i to facilitate the navigation of Cape-Fear-rlver from Fayetteville
to the confluence of Haw and iJeep rivers."
W [ERE AS there is a number of fifti-dams, hedges and other obilruftions in the aforefaid river, and
doubts may arife whether the Cape- Fear Company have power by the aforefaid a£l to caufe them
to be removed without fubje£ting themfelves to fuitu :
I. Be it therefore enacted ly the General AJfembly ofthejlate of North-Carolina, and it is hereby ena&edby the
authority of the fame. That as foon as the company aforefiiid fliall begin to clear the nver aforefaid, they
fliall have power to remove, or fliall caufe to be removed, all fuch fifh-dams, hedges or other obftructi-
ons which they or any other perfon working under them fliall deem to be in the way of the navigation from
Fayetteville up to the confluence of Haw and Deep rivers aforefaid: and any perfon or perfons who fliall
thereafter ereft or put up any ft;op, dam, hedge or ware, fo as to obftsruft the navigation aforefaid, fliall
forfeit and pay the fum of fifty pounds, to be recovered and applied as is heretofore direfted.
II. Jnd be it further enacted. That no perfon or perfons fhall hereafter fall any tree or roll logs into the
aforefaid river, under the penalty of five fliillings for every fuch offence, and fliall alfo remove the trees or
logs out of the river aforefaid.
III. And be it further enacted, That all perfons living within two miles of Cape-Fear-river from Fay-
etteville up to the confluence of Haw and Deep rivers, that are liable to work on roads, or are obliged by
law to attend mufters, fliall be obliged to work on the river aforefaid, not exceeding twelve days in each
year, when thereto required by the company aforefaid, or the dire£tor of the work, who the faid compa-
"ny may appoint to overlook for them ; and on negleft or refufal to attend and work, they firft havmg five
days notice, each and every perfon fliaU forfeit and pay the fum of five fliillings for every day he fliall ne-
gledl: or fail to do the duty required.
IV. And be it further enacledy That all the fine? and forfeitures that are by this a£l: impofed, fliall be
recovered in the name of the Prefident of faid company for the time being, an.l before any jurifdiftion
having cognizance thereof, and the monies arifing therefrom to be applied to the facilitating of the navi-
gation of Cape-Fear-river aforefaid.
An act to repeal part of an act, entitled. An zBi to prevent the obftruaion of fifh running up New river,
in Onflow county, and to alter the time of holding the county court of Bertie,
[_All, except thefecondjection, untiecejfary to be inferted.'^
II. And be it further enacted by the authority aforefaid. That the county court of Bertie ffiall hereafter
commence and be held on the fecond Mondays of February, May, Augufl: and November } to whicli times
refpedlively aU matters and things in the faid court fliall fl:and adjourned, and all procefs be returnable,
in the fame manner as heretofore to the firfl: Mondays of thofe feveral months. Provided, That this al-
teration fliall not take effeft until after the feflTion of the faid court which fliall be held in February'
next.
An aEl to amend an act, paffed at Newhern in the year one ihoufatid feven hundred and feventy feven, entitled^
An aa to encourage the building of public mills, and direfting the duty of millers.
HEREAS it is provided in the tenth fedion of the before recited aa, that millers fliall not take
more toll for grinding, that one fixth part of Indian corn, and one-eighth part of wheat, in the
diftrias of Edenton, Newbern, Wilmington and Halifax, which is found to be more than fufficient in
the diftrias of Haliiax, and Fayetteville :
I. Be it therefore enaBed by the General AffemUy of the fate of North-Carolina^ and it is hereby enabled by the
authority of the fame. That from and alter the firfl: day of May next, the millers in the diftrias of Halifax
and Fayetteville fliall not take more for grinding than one eighth part of the Indian corn, and one eightli
of wheat, any thing to the contrary notwithftanding.
THE TITLES OF THE PRIVATE ACTS.
1793. SI
33 An ad for opening; and clearing out the Yadkin and Peedee
Rivers,
35 An aft to amend two former afts for the purpose of making
Cross- Creek navigable,
57 An aAfor the regulation of the town of Warrenton,
38 An aiJl for the better regulation of the town of Wadesbo*
rough, in the county of Anson,
39 An aft to prevent any person or persons from .hauling or
working two seines at the same time and place on Tar
River,
40 An a<ft for the regulation of the towns of Morganton and
Lincolnton,
41 An a& for granting separate elections to the inhabitants of
Tyrell county, and for establishing a town on the lands
of John Hassell, on the east side of Scuppernong-river.
in the srud county,
42 An adt to amend an a(3, entitled, " an aflt for establishing a
town on the land of Benjamin Wynns, on Chowan river,"
43 An &SL for establishing an academy in the town of Tarbo-
Tough, and for authorising the Justices to raise a sum,
not exceeding one thousand pounds, for the benefit of such
academy,
44 An a<S to establish a seminary of learning in the town of
Lumberton, and Raft Swamp, in the county of Robeson,
45 An aft to pardon and restore to credit Thomas Costello,
46 An aft to establish an inspeftion for tobacco on the north side
of Dan river, in the county of Rockingham, on the lands
of John Leak,
47 An aft to incorporate the inhabitants of Rutherfordton, in
the county of Rutherford, with power to lay a tax for
the use of the said town, and to give a further time to
James English to build a dam across Second Broad river,
and to appoint a commissioner in the place of Samuel
Carpenter, resigned, to authorise the county Treasurer to
appoint CoUeftors,
48 An aft forEecuring and preserving the titles of the freehol-
ders in the counties of Perquimans, Beaufort and New
Hanover,
49 An aft for opening that part of the Catawba river called the
South Fork, for the passage of fish in the county of Lin-
coln,
50 An aft to enable William Morrison, late Sherifl of Burke
county, to coUeft all arrears of taxes due to him as Sheriff",
51 An aft to empower Currituck and Hyde County Courts to
appoint Commissioners, for the purpose of appropriating
to the benefit of each county respeftively the public
grounds adjacenttotheircourthoases, and to regulate the
proceedings thereon, and tocTipower the Wardens of the
poor in each county to lay a higher tax for the support
of the poor thereof, and to alter t*c time of holding se.
parate eleftion in Currituck county,
55 An aft to repeal part of an aft passed at Hillsborough in A-
pril, one thousand seven hundred and eighty four, enti-
tled, " an aft tor clearing and opening the navigation of
Trent river, in Jones county,"
53 An act to repeal part of the seventeenth section of an act
passed at FayetteviUe, in the yeax one thousand seven
hundred and eighty six, entitled, "An act for establishing
a militia in this state."
54 An aft to establish fairs in certain counties therein mentioned,
55 An aft for establishing a town at the Narrows of Pasquotank
river, in the county of Pasquotank,
56 An aft to grant a separate general muster and a separata
eleftion in the counfy of Pasquotank,
^7 Ati aft for laying out a town on the lands of Thofhas Mar-
thews, in the county of Moore, near the court house of
said comity,
58 An aft to establish an inspection of tobacco on Dan river,
at the mouth of Big-creek, on the land of Mathew Moore,
in the county of Stokes, and for adding two more Trus-
tees to those heretofore appointed for extending the na-
vigation of Roanoke and Dan rivers,
59 An act for laying out a town at the Saura town Hill, in the
county of Stokes, on the land of Peter Hairston,
60 An act to appoint commissioners to contract for building a
court house , prison and stocks in the city of Raleigh, and
to alter the limes of holding the Courts of , Wake county,
61 An act to establish a town and inspection of tobacco in
Rockingham county, at the confluence of Smith and Dan
rivers,
62 An act to empower the county court of Johnston to lay a tax
annually in the said county, for the purpose of repairing
the court house, prison and stocks, and defraying the
contingent charges of the said county,
64 An act to divide the militia of Orange county into two sepa-
rate regiments,
65 An act to alter and confirm the names of certain persons there-
in mentioned,
66 An act to appoint commissioners for disposing of part of the
ground appropriated for the use of the public buildings in
the county of Person,
67 An act to establish fairs in the counties of Mecklenberg and
Lincoln,
68 An act to repeal so much of an act passed in the year one
thousand seven hundred and eighty nine, entitled, " an
act to empower the Wardens of the poor for the counties
of Franklin,. Orange and Surry to build a house or hou-
ses for the reception of the poor, and for amending the
Wilmington town law," as respects the county of Frank-
lin, and for appointing commissioners to dispose of the
poor house in the said county of Franklin,
69 An act for establishing an inspection of tobacco, flour, beef
and pork, on the land of Matthew Brooks, at or near the
Shallow-ford, in Surry county.
70 An act to establish a separate election and general muster in
the county of Carteret,
71 An act to empower the county court of Iredell to lay an ad-
ditional tax to complete the public buildings of the said
county, in the town of Statesville,
72 An act for altering the name of William M' Farland to that
of WUliam Douglass,
73 An act to empower John Warrenton, of Tyrrell county, to
keep up a gate on the county road leading from VVynn'a
ferry to Hunt's creek, in said county.
Read three times and ratified, in General Assembly, the 11th day of Jantiaiy. Anno Domini 1794.
' WILLIAM LENOIR, S. S.
J, LEIGH, S. H. C.
52 1, 1794'.
KlCHARS D.
Spaicht, Esq«
Governor,
At a GENERAL ASSEMBLY, begun and held at Newbern, on the Se-
venth Day of July, in the Year of our Lord One Thousand Seven Hun-
dred and Ninety-Eour, and in the Nineteenth Year of the Independence ot
the said State : Being the Second Session of the said Assembly.
CHAP. 1.
Preamble,
Land ceiled in
Smithviile,
1797. 11
1798. 34.
1800, 2.
Beacon Island,
and Cape-Hat.
teras.
Condition.
Restriftion,
CHAP. 2.
CHAP. 3.
An act to cede to the United States of America certain lands, upon the condttwn therein menttned.
HEREAS the Congrefs of the United States have paffed an ad to provide for the defence of cer.
V M tlin ports and harLurs in the United States, in which iscomjmfed Cape.Fear r.ver and Occa-
coVmlet and a fo an aft to ereft a light-houfe on the head land of Cape Hatteras -, and u^hereas it is
expedTentthi the United States fhould\ave the exclu^ve jurifdiaion of a fufficient quantity of land on
which faid forts and light houfes fhall beereaed : , ^ ,. , ., ■ ,, ,„„,., j i,,,;,. authori-
I. Be it enacted ty the General A(fembly ofthejlate ofNorth-Carohna^andtt ts ^^fy/^^jf J^f/ ^"f ^^
ty of the fame, That part of the public ground, laid ofF by the Commiffioners of Smithviile , foj" -J^'^ °^
Caoe Fear river including part of the ground whereon Fort Johnfton formerly flood, with the excluiive
jur^diaTonT^^^^^^^^^^ the Le is hereby ceded to the Umted Stat.s of America, under the
"t'Md!:tff^^^^^^^^ authority afirefaid. That the exclufive jurifdiaion of Beacon idand In
the hatt'^^^ottork, andiour acres oi/nd, at the head land of f^^^^^^^^J^^^^
the town of Smithviile, adioining Fort- Johnfton as may be found neceffary foi the faid *°7' ^f.^^^f ^""s
fl^acrriball be ceded and (land vefted in the United States, as foon as the proprietors of faid lands fl.^ll
convey the fame to th^^^^^^ the above mentioned lands are and (hall be ceded to the United
III. ^"^^\lf'^J^'^'^^^^^ fortifications, light-houfes and beacons, for which the faid
fanTar^ceded^oi fo t: Teded flVbe ereaed within .h^ee'years and be continued and kept up forever
"^J^f^^^cted, That nothing herein contained, fl.all be fo conflrued, as to debar or hinder
JIf tt offi;£of this flate from fervinglny procefs or levying execut-ns w.dvm the hmits ceded by
tl2 aa, to the United States, in the fame manner and to the fame eflea, as if this aa had never Deen
made.
ini a militia in this ftate." REPEALED, imo, 2%.
Rc;.d three times, and ratified in General Assembly, the 18th day of July, Anno Domin. 1794.
WILLIAM LENOlR, S. S.
J. LEIGH, S. H. C.
2, 1794.. 83
>miXii-iam^Ami*Mi>m!mmmuarammisaBmamaaamBBtmmmmmmmmmmimmmKwimm*tBax'>njmif-^'i,\Kut!mBn
At a GENERAL ASSEMBLY, begun and held at the City of Raleigh, on Richard d.
the Thirtieth Day of December, in the Year of our Lord One Thousand ooverTor.'^"^'
Seven Hundred and Ninety-Eour, and in the Nineteenth Year of the In-
dependence of the said State : Being the First Session of the said Assein-
hly/
An a5l to raife a revenue for the payment of the civil lijl and contingent charges of government for the year one chap. I.
thou/and feven hundred and ninety-fve. TEMP OR ART.
An aB to prevent the further importation and bringing offaves and indented fervants of colour into this /late. CHAP. 2
I. T) E it enaSled by the General AJfembly of the fate of North-Carolina, and^-$ p hereby enaBed hy the au-
X) thority of the fame. That from and after the firft day of May next, nO%kve or indented fervant of 1796 15*
colour {hall be imported or brought into this ftate by land or water ; nor fhallany flave or indented fervant No sKve' &c
of colour, who maybe imported or brought contrary to the intent and meaning of this ad be bourht *°''^ imported,
fold or hired by any perfon whatever. ' b' » &c. after 1st.
IT Be it farther awBed by the authority aforefa;td, That every perfon importing or hringing flaves or inden- vtl^^L im-
ted fervants of colour mtothis ftate after the faid firft day of May next, bv land or water, contrary to the P''^""S. &c.
provifions of this aft, ftiall forfeit and pay the fum of one hundred pounds for each and every flave or in
dented fervant of colour fo imported or brought. And every perfon who {hall knowinelv fell buv or ^ „• ,
hire fuch flave or indented fervant of colour, fhall in like manner forfeit and pay the fum of one hundred SgtlL"^ "^*
pounds for each and every flave or fervant of colour fo fold, bought or hired : One moiety of which for-
f eiture fliall be to the ufe of the ftate, and the other moiety to him or them who fhall fue for the fame •
to be recovered m the name of the Governor for the time being, by adion of debt, in any of the fuoerior
courts of law in this ftate. ^
III. Be it further enacted by the authority afore faid. That it fliaU be tTie duty of all Juftices of the Peace I"s*'ces. &c. .
Sheriffs, Coroners, Conftables and other iudicial and minifterial officers of thisftate,to ufe all reafonable '^"""^ ^ a
and lawful means to carry this aft into efFeft ; which if they or any of them negleft to do it ftiall be ""° *
deemed a mifdemeanor in office. And any officer who fhall fail, ne^left or refufe, upon appHcntion, to Penal-v for
perform the duties aforefaid, ftiall be held and deemed liable to the forfeitures inflided on thofe who may nealea. &c,
import or bring a flave or indented fervant of colour into this ftate in the firft inftance and ftiall be pro-
ceeded againft in the like manner and to the like efFeft.
lY. Beit further enacted and provided. That nothing in this a^ ftiall be conftrued to prevent any perfon P"sonsremov*
or perfons, being citizens of the United States, or fubjeds or citizens of foreign countries, who intend '"^ '"'^ "'^
to ref^de and fettle within the limits of this ftate, from bringing with him, her or them fuch flave or fer- 'otn'S
vants as they may think proper ; or to prevent fuch perfons from travelling with their flaves or fervants ^'^'ves, &c.
through this ftate in order to fettle in another ftate ; or to prohibit any citizen of this ftate, who may ? '''■"^^'^'^S
obtain flaves or fervants of colour by marriage, gift, legacy, devife or defcent ; or who hath heretofore Orrecdvinr
entered into bons fide contrafts, from bringing the flaves or fervants of colour fo obtained, or contraded them by mar/
tor, into this ftate, by land or water. Provided, That the perfon or perfons fo intending to become citizen '^^^' S'^'- ^'=-
or citizens hereof, fliall previoufly thereto take the following oath : « I, A. B. do fwear that I have moved ?ef bv°n™:
;p° tl"s ftate for the purpofe of becoming a citizen thereof ; and that the flaves brought by me into remo4s &c
this ftate, are for my own fervice, and not for the purpofe of fale or traffic ; or for the purpofe of de-
" feating the operation of the aft of Aflembly in fuch cafe made and provided."
V. And be it further emBed by the authority aforefaid. That whenever any citizen or other perfon hereaf- ^^^ ^^ P*'
ter fhall bring, or remove from any other ftate or country, any fervant or flave of colour, he, ft^e or they Tvestf"^
fhall take the following oath : « I, A B. d« folemnly fwear or affirm, that I have not received or accepted
oi any fervant or flaye with aa intention to make fale of the fame for the ufe of myfelf or any other
54t 2, ITOi. " perfon, or with an intention to evade or defeat the intention of an aft of Aflembly in that cafe made and
« provided ; and that I have not either direitly or indireflly given vakie for the fame. "
j^n aB more liherally to endow the XJ n'l-verfity of North-Carolina, and to fecure the titles of certain inhalitants of
. Mecklenberg county, and cthsr citi%ens of this JiatCy to certain lands heretofore pur chafed from Henry Eujlace
AP Culloh. REPEALED, 1800, 5.
CHAP. 3.
Penalty, reco-
ver/, &c.
Luch siaves,
I7&r, 6.
CHAP. 4'. yln act to prevent the owners of slaves from hiring to them their own time, to m^ke compenfation to Patrol's, and
180J, 15, to r.-flrain the ahufs committed by free negroes and mulattoes.
WHEREAS great mifchiefs have arifen from flaves being permitted to hire their own time :
I. Be it enaEled by the General Ajfeinhly of the (late of North-Carolina, and it is hereby en.iBed
initted to hire hy the authority f the fame. That it fliall not be iawfu', under any pretence whatever, for any perfon or per-
iUe;r tinics. fgjjg jq allow his, her or their ilave, or any flave under his, her or their coinmand or dire£tion, to hire Jiis,
her or their time, under the pe.ialty of forfeiting the fum' of twenty pounds for each and every offence ;
to be recovered before any Juftice of the Peace, to the fole benefit of the party profecuting : And it ihail
be part of the duty and charge of the grand Jury, both in the county and fuperior courts, to make prefent-
ment of any flave who (hall be permitted by his or her mailer or miftrefs to go at large, having hired his
• or her time, and on fuch prefentment being made, the court fhall iffiie an order to the Sheriff of the county
where fuch negro may be, to take up I'uch negro, and him or lier fafely fecure, fo that he can have fuch
Manner of pro- negro before the next county court-, and it. fhall be the duty of the (hiriffto give the owner notice there-
ceedmg against of (if refiding within the diftrift) at lead ten days before the fetting of the court ; and the faid court fliall
empannel a jury to enquire and try the truth of fuch prefentment, on which trial or enquiry the owner may
produce evidence as in other cafes ; and if the jury fliall find that the faid prefentment is true, fuch negro
fhall then be hired out by the Sheriff of the county, at public vendue, for the fpace of one year. Taking
bond with fecurity for the fame, payable to the Wardens of the Poor, for the ufe of tlie poor of faid county^
fubje£t to the payment of any charges refpe£ling faid negro. Provided always. That when the owner re-
fides out of the diftri£t, the Sheriff fliall give notice by advertlfeaient in the neareft gazette, tor at leaft two
weeks, where a gazette fhall be publiflied in the diftrift in which the Sheriff fhall live, but in other cafes
the Sheriff fliall advertife the fame at the diftridl court-houfe and the court -houfe of the county in which
the faid flave fhall be prefented or fliall be taken up. Provided always. That when any perfon who fliall
hire the negroes of an orphan, fliall hire to fuch flave his or her time, the flave fhall only be hired out
under this a£t, for fuch time or the remainder of the time as faid flave may have been hired to fuch perfon.
II. And be it further enaEled, That no perfon fliall grant permiffion for any meeting or meetings of the ne-
groes of others, or people of colour, at his, her or their houfes, or on his, her or their plantation, for the
purpofe of drinking or dancing, under the penalty of forfeitmg ten pounds on convi£tion of fuch offence
in any court having jurifdiflion thereof, unlefs fuch flave fhall have a fpecial permit in writing or other-
wife from his or her owner for that purpofe. ^
III. [The fjrfl part of this fectim relating to the appointment of patrollers, repeal'dby 1802, 15.]
And as a compenfation for the fervy;es required of them as fuch [the patrollers] fliall be exempted front
ferving on juries, working on roads, and from the payment of all county and parifli taxes to tlie amount
of forty, fliillings, and in addition to the fees hitherto allowed. by law, the Patrollers fo appointed fliall be
entitled to receive the one half of the penalties recovered under this a£l in the diftrift in which fuch Pa-
trollers may refpe£l;ively a(3: aUvl refide, except fuch penalties as may be incurred by hiring to negroes their
own time.
IV. And be it further enaEled, That it fliall be the duty of the Patrollers, or two of them at leafl, appoint-
ed as aforefaid, to patrol their refpeftive difl:ri£ts once at leafl; in two weeks, for the purpofe of carrying
this a£t into effe£t -, and on failure or negle£t to perform fuch fervices, every perfon fo failing qr negle£b-
ing fliall forfeit and pay the fum of ten pounds, recoverable before any jurifdi£tion having cognizance
thereof, one half to ufe of the informer, and the other half to the ufe of the county where the fame is re-
coverable.
V. And be it further enaEled, That the Patrollers in each difl:r%T:, or a majority of thofe prefent, fhall
how to be ap- have power to infli£t a puniftiment, not exceeding fifteen laflies, on all flaves they may find oft their own-
4^opnated. ^^>^ plantation, or travelling on the Sabbath, or other unfealonable time, without a proper permit or
jiafs.
yi. /ind be it further enaEled, That the fines and penalties heretofore recoverable for the ufe of the poor
Pena'ty for
granting per.
mission ior ne-
f;roes to tueet,
Their qompen.
saiion, &c.
Their djty.
And penalty
4or nejlect.
Former fines
of the county, under an zQ:, entitled " An acb to prevent thefts and robberies by flaves, free negroes and SjlTDt. 55'
mulattoes, " pafTed in the year 1787, fliall hereafter be recovered by and for the ufe of the perfon who i^'-v^O
may fue or may profecute for the fame, fubjedt however to the claim of the Patrollers, agreeably to the Former fines
tliird fedion of this aft. ' ^1^^°!^ ''''*
VII. Ind be it further enaSfed, That fo much of this a£l as relates to fines and forfeitures, fhall not pints when to
take effect until the firft day of November next : And that fo much of an aft of the General Aflembly, <ike efltct.
paffed in the year one thoufand feven hundred and feventy-nine, entitled " An aft to amend an aft, enti- ?; *^''^' ''•
tied An additional aft concerning fervants and flaves," pafled at Newbern, in the year one thoufand feven repealed ^^ ^
hundred and fifty-three, and for other purpofes therein mentioned, a& compels the owners of flaves to pay 1753, 6,
for taking them up without a pafs, fhall be and the fame is hereby repealed and made void.
An a6l for alttr'ing and fixing the time of the annual meetings of the General AJfemblyy ofthisjiate. CHAP. 5
Th'sfirfi feaionrebealed, \195,\1.
II. And be it further enadfedy That at each annual meeting of the General Aflembly hereafter^ it fliall be Governor when
lawful to appoint a Governor, and other officers of ftate, as hath been the practice heretoforcj any thing appelated,
to the contrary notwithftanding.
An aB ratifying an amendment to the Cotiftitution of the United States of America. CHAP. 6.
WHEREAS the third Congrefs of the United States of America, at the firft feffion thereof begun and
held at the city of Philadelphia, in the ftate of Pennfylvania, on Monday the fecond day of De-
cember, one thoufand feven hundred and ninety-three, did pafs the following tefolve, two thirds of both
Houfes concurring, viz. ^^ Refohed, by the Senate and Houfe of Reprefetttatives of the United States of
« America, in Congrefs aflenibled, two thirds of both Houfes concurring, that the following article be
« propofed to the Legiflatures of the feveral ftates, as an amendment to the conftitution of the United
« States, which when ratified by three-fourths of the faid Legiflatures, Ihall be valid as part of the
« faid conftitution, viz. The judicial power of the United States, fhall not be conftrued to extend to any
« fuit in law or equity, commenced or profecuted againft one of the United States by citizens of another
« ftate, or by citizens or fubjefts of any foreign ftate : "
i I. Be it therefore enacted by -the General Ajfembly of the /late of North- Carolina, and it is hereby enacted by the Ameodmsrtt to
Authority of the fame. That the faid article, viz. « I'he judicial power of the United States fhall not be con- the u"sutes°^
^« ftrued to extend to any fuit in law or equity, commenced or profecuted againft one of the United Sates ratified.
< by citizens of another ftate, or by citizens or fubjefts of any foreign ftate," be and the fame is here-
by ratified on the part of this ftate, as an amcnd.T.ent to the conftitution of the United States of America.
yin aB giving further time for regijlering Grants, proving Deeds and Mefne Conveyances luhlch have not been chap. 7.
proved and regiflered within the time heretofore appointed by law.
r. TJE it enaBed by the General Ajfembly of the fate of North-Carolina and it is hereby enaBed by the au^ Further time al-
_j3 thcrity of the fame. That allgrants tor lands entered in the land-office under the prefent gcvernment, 'o^ed to re^is.-
wrhich have not been regiftered within the times heretofore appointed by law, fhall and may, witliin two ''^' S^'ants.
[rears after the pafTmg of this aft, be admitted to regiftration, and fhall be as good and valid as if they had
jeen regiftered within the time heretofore allowed' by law.
II. And be it further enaBed by the authority aforefaid. That all deeds and mefne conveyances of lands, ten- De»j|s &
?riients,and hereditaments, not already proved acknowledged, and regiftered fhall and may, within two 1789, 59. *
^ars after the paflTmg of this aft, be acknowledged by the grantor or grantors, his or their agents or attor- ^''^^' S-
[lies, or proved by one or more of the fubfcribing witneffes to the fame, and tendered or delivered to the i^yg gf"
flegifters of the counties where fuch lands, tenements or hereditaments are refpeftively fituated. And isoo," vi,
ill deeds and mefne conveyances whatfoever, which fhall be acknowledged, or proved and regiftered ac- IS'^^'- 20.
fording to the directions of tliis aft, ftiall be good and valid, and take efteft as fully to the ufe and benefit ^'^'^'^' ^^'
^f the grantees, their heirs and afligns, as if fuch deeds and mefne conveyances h:iJ be2:i acknoA'loacred,
^rc-cd and regiftered agreeable to the dlrcftions of any law heretofore .Tuie.
An aB prefcriblng the reftdence of the Governor of this flat.'. The firfl feBion repealed, 1S32, 25. CHAP, 8.
II. And he tt further enaBed, That whenever the governor fhall conceive it nece.Tary to convene the C^a.ic.iofstata
:ouncil of State, fuch meeting ftiall be in the city of Raleigh, unlefs an invafioa, irxfurveftioa or co.ita noas '' '""l '^ ^^ "'^
iifeafe, fhall render it advifeable to call them elfe where. ° ^*"'"
66 2,1794. Jtt aB for ceding to the United States the jurifdiStion of certain lands on SheJl-Cq^Te IJIandy in the harhr m
lrf»-v-«0 Ocacock.
CHAP. 9. "WX THERE AS the Congrefs of the United States have pafled an acfl to ereft a lighted beacon.on Shell-
Ante p. 52. VV Caftle Ifland, in the harbor of Ocacock, upon condition that this .ftate wBl cede to , the United
States, a fuificient quantity of land for that purpofe : -
Jurisd'ction of I. Be it enaBedhy the General AJfembly of thejlate of North-Carolina^ and it is herehy enaBedby the authority
of the fame. That the exclufive legiflation and jurifdidiion of fo much land on Shell-Caftle Ifland, as fliall
be purchafed by the United States from the prefent proprietor or proprietors, for the purpofe of erefting
a lighted beacon thereon, is hereby ceded to the United States, .and this Legiflature doth hereby confent
to fuch purchafe.
11. And be it further enaBed, That this aft fhall not be conftrued. to debar or hinder the procefs fromf
any court or Judge in this ftate from running within the boundaries of the lands fo to be purchafed ; nor:
to continue the authority of the United States over any part of the faid lands, for any longer term thair
the faid lighted beacon mail be kept up.
certain land&
ceded to the
U. States.
Not to debar
s>'ate process,
CHAP.
10, An aB to provide for the public faftty^ by granting encouragement to certain manujaBures. Expired.
CHAP. 11.
AoLC p. 38.
Dufy of jury
& court on tri-
al of slaves.
CHAP. 12.
Post, c. 14.
Time of selling
and hiring cer-
tain property
presciibed.
Car lain sales,
renting, &c. to
be by auc'.ion.
Due notice to
be given.
An aB to amend an a^ entitled, « An adi to extend the right of trial by juiy to Haves," pajed at the lc0i
' " annual feffion held at Fayetteville.
HERE AS it is not fufficiently afcertained by the faid aft what (hall be the particular province andj
duty of the jury and of the court, on the trial of any flave ca: flaves under faid law : ,
I. Beit enacted by the General Assembly of the fate of North-Carolina, and it is herehy enacted by the auihority\
■of the fame. That it Ihall hereafter be the fole duty of the jury fworn on the trial of any flave or flaves, t<r
give a verdict of guilty or not guilty, on the evidence fubmitted to them by the court; and on the ver-
^idl fo given in by the jury, it fhall be the duty of the county court, when fitting on tltrj trial of any flave;
or flaves, or of three Juftices when they fhall be fitting on any fuch trial, to pafs judgment and fentencei
on the flave or flaves fo tried before them, agreeably to the verdift of the jury and the laws of the coun-
try.
An aB to prevent fraud in thefale of property therein mentioned. j
WHEREAS great frauds have arifen to many of the good citizens in this ftate, for tlie want of fufii
ficient notoriety in the fales of property taken by execution, and thofe made by the reprefenta-i^
lives of deceafed perfons : For remedy whereof. ^
I. Beit enaBed by the General Affembly of the flate of North-Carolina, and it is herehy enaBed by the authority
of the fame. That from and after the firfl day of April, in the year one thoufand feven hundred and nine-'^
ty-five, no fnleof any property taken by virtue of any execution diri^ifled to the Sheriff of the county oft
any other oflSccr, and no fale of any property of any deceafed perfon, and no auftion or vendue, where^
the lands, houfes, or flaves of any deceafed perfon or minor, are to be rented or hired out, fliall com-
mence before eleven o'clock in the morning, or after four o'clock in the evening of the day on which fucH'i
fale or au£lion is to be made; and any Sheriff or other officer, executor, adminiftrator, guardian, or o*
ther perfon, who fhall make any fale contrary to the true intent and meaning of this a<a, fliall forfeit andi
pay the Turn of one hundred pounds ; to be recovered by any perfon profecuting for the fame, with cofls'i
of fuit, in any couit of record in this fl:ate.
II. And he it further enaBed by the authority aforefaid. That from and after the faid firfl day of April, in'
the year one thoufand feven hundred and ninety -five, all fales of property of deceafed perfons, and the'
renting and hiring out of all houfes, lands, and flaves of any deceafed perfon or minor, fhall be made
and doie by way of public vendue or auftion ; and all executors, adminiftrators, and guardians, are here-
by direded and required, that previous to all fuch fales and au^ions, they fhall give fufiicient notice there-
of, by advertifing the fame in three or more public places in the counties, where the fame are refpe£tive-i
ly to be made, at leafl ten days before the day of fuch fale or auction. Provided always. That nothing iii;
this a£l contained, fliall be conftrued to extend in any manner to executors in cafes where difcretionary.
powers are veiled in them by the will of their teflator.
An ect directing the mode (frerovef-'ing debts of twenty pounds and under. 2,1794-. 51
WHEREAS the prefent mode of recovering debts of twenty pounds and under in this ftafe, is laid K^>>^>r^^
down and contained in fundry a£ls and claufes of ads, pafled at difFerent feiTiotis of the General chap. 1 3.
Atiembly, whereby fuch mode is rendered complex and difficult to be underftood •, and it being proper 2, 1777, 2,
and neceflary that laws which afFeft the property of a great majority of the citizens, (hould be as plain j^^' ^^^
and eafy of comprehenfion as the nature of the cafe will admit; therefore, in order to bring into view, ' '
and comprdiend in one aft, all that may relate to the recovery of fuch debts :
, I. Be it enaBedby the General Affemhly of the Ji ate of North-Carolina, and it is hereby enaEled by the authori- Jurisdiaion of
I ty of the fame, "^hzt all debts and demands of twenty pounds and und^r, for a balance due on any fpecial- *J""'"'
I ty, contraft, noteor agreement, or for goods, wares and merchandife fold and delivered, or foi* work or
I labor done, or for fpecific articles, whether due by obligation, note or aflumpfit, are hereby declared to be
cognizable and determinable by any one Juftice of the Peace out of court, who ma/ give judgment there-
upon, and award procefs of execution againft the goods and chattels, lands, and tenements, or body of Increased,
the party call : which procefs fhall be executed and returned by the Sheriff, . Conftable or other lawful of- ^g^' \
ficer, to whom the fame may be diredted, in the fame manner as other writs of Fieri Facias or Capias ad ' '
Satisfaciendum, are to be executed and returned ; but fuch judgment fhall be fubjeft neverthelefs to the
appeal of either party to the next court of pleas and quarter- felTions of the county in which fuch judgment
may be given ; the party praying fuch appeal firft giving fufficient fccurity for profecuting the fame with Appeal, &c,
effeft : Whereupon an ifTue fliall be made up and tried the firft court, by a jury of gOod and lawful men,
in the faifte manneras other jury caufea are tried, unlefs fufficient caufe be fhewn on affidavit for a con-
tinuance. Provided always. That where a judgment fhaU be given by a Juftice of the Peace as aforefaid,
execution thereon fhall be flayed in the following manner, to wit : For all fums not exceeding two pounds, ^.'^Y ^f execur
tvi^enty days; for all fums above two pounds and not exceeding five pounds, fixty days ; for all fums a- "°"'
bove five pounds and not exceeding ten pounds, one hundred and twenty days ; for all fums above ten
pounds and not exceeding twenty pounds, fix months. — And for the true and faithful payment thereof,
with interefl and cofts, the" party praying fuch flay of execution, fhall, if required, give fufficient fecurity ; Security, &a
and the acknowledgement of fuch fecurity, entered by the Juftice, and figned by the party, ftiall be fuf-
ficient to bind him ; and if the judgment ffiall not be difcharged at the time to which the execution has
been flayed, then it fhall be lawful for the Juftice who has pofTeffion of the judgment, to ifTue execution
as aforefaid againft the principal and fecurities.
II. yind be it further enaEled, That in all warrants ifTued by a Juftice of the Peace, againft any perfon Officer's duty.
©r perfons whatever, executors and adminiftrators excepted, the Sheriff, Conftable or other officer fliall be
commanded to take the body of the perfon therein mentioned as defendant, if to be found in his county, to
anfwer the complaint of the plaintiff in fuch warrant, before fome Juftice of his county ; and fuch officer, ,
when required by the plaintiff, fliall take bond, with fufficient fecurity, of the party arrefted, in double
the fum for which fuch perfon fhall be held in arreft (which fum and how due fhall be exprefTed in the, war-
rant) conditioned for his or her appearance at a certain time and place therein to be fpecified, before fome
Juftice of the county where the warrant iflued ; which bond fliall be affigned by fuch officer to the plain-
tiff, and returned with the warrant, and fliall be filed by the Juftice that fliall try the warrant, with the
other papers in the fuit ; and in cafe the Sheriff, Conftable or other officer, fhall fail or negleft to take
fuch bond, with fecurity as aforefaid, he fliall be held and deemed fpecial bail, and the plaintiff may pro-
ceed to judgment againft the bail according to the rules herein after' prefcribed.
III. And be it further enaBed, That when any Sheriff, Conftable or other officer, fhall ferve a warrant Persons refus-
Dn any perfon or perfons who fhall refufe to give bond and fecurity for his or her appearance as aforefaid, ing togivebaif
fuch officer is hereby required to commit fuch peribn or perfons to the goal of his county, in order that he commiued.
may have fuch perfon or perfons forthcoming at the day appointed for trial, and it fliall be the duty of
fuch officer to produce his prifoner at fuch trial ; and all warrants, whether by fummons, arreft or attach-
ment, fhall be heard and determined on the day appointed by the officer ferving the warrant as aforefaid ;
which day fliall be on or before the return day fet forth in the warrant, unlefs the Juftice fliall for good
■eafons put ofi^ the trial to fome other day, at his difcretion. And in cafe the plaintiff fliall fail to attend
vt profecute his fuit, on the day appointed as aforefaid, the defendant appearing fhall be difcharged. Pro-
)ided, and it is hereby declared to be the duty of the officer ferving a warrant, to notify the plaintiff of Time and n©;
he time and place appointed to try and determine the czxaie.' Provided alfo, that when the Sheriff, Con- ticeof tnal>
table Qx other officer fhall Ivave committed any defendant to goal as aforefaid, it fliall be the duty, of fuch
O
.if'
58 '2,1194!. officer to give immediate notice tliercof to fome Juftice ift t"he county, and fuch Juftice fliall appoint a day
V^v^J for the trial ; and notice of the time of fuch trial fhall be given and feryed on the plaintiff by the officer
who ferved the warrant,
fnd ^°Z '^d^d ^^* '^"^ ^^ ii further enaBed, That all bail taken according to the direftions of this aa, fhall be liable
against?'" ^ to the recovery of the plaintiff; but the plaintiff, after final judgment, fhall not take out execution againft
the bail, until an execution againfl the body of the defendant be firfl returned by the Sheriff, Conftable
or other officer, that the defendant is not found in his county, and not until a notice in writing ifTued a-
gainfl the bail by the Juflice who has pofTeffion of the papers in the original fuit, hath been made known
to the bail ; and after the return of fuch execution againfl the principal and notice againft the bail, execu-
tion may iflue againft the principal and bail, or any of them, or any of their eftates, unlefs the bail fhall
make it appear that the principal is dead, or that the judgment has been fatisfied, or unlefs the bail fhall
Surrender the principal at or before the return of fuch notii;e to the officer wlio ferved the notice ; in which
latter cafe the Juftice fhall commit the principal to the goal of his county, until he fhall fatisfy the judg-
ment and cofts ; and for ferving fuch notice the officer fhall be allowed four fhiliings,
may sunender V, And be it further enacted by the authority aforefaid. That fuch bail fhall at any time before final judg-
principal. ment had againft him, have full power and authority to arreft the body of his principal, and fecure him
■until he fhall have an opportunity of furrendering him in difcharge of himfelf to the officer who made the
arreft or ferved the notice ; and fuch officer is hereby required to receive fuch furrender, and hold the
body of the defendant in cuftody as if bail had never been given.
And whereas by negl^d of Conftables m£iny Tyarrants are not executed and returned in <Jue time, to the j
great delay of juftice : \
Warrants VI. Be it therefore enacted^ That in future all warrants fhall be made returnable on or before thirty :
when returna- j^^g ,^^^^^ ^j^^ ^^^^ thereof (Sundays excepted) and not after ; and it fhall be the duty of the Sherifl^, Con-
ftable or other officer to whom any warrant may be direfted, to execute and return fuch warrant for trial
,on or before fuch day, if the perfon or perfons therein named lliall be found in his county.
Where attach '^^^- ^"'^ ^^ it further enacted. That in cafes where by this aft a Juftice of the Peace has jurifdiaion, ^
ment may is', on complaint being made on oath by any perfon or perfons, his or their agent, attorney or fader, that i
«"e- any perfon hath removed or is removing him or herfelf out of the county privately, or fo abfconds or con- |
ceals him or herfelf that the ordinary procefs of law cannot be ferved on fuch debtor ; and if fuch plain-
tiff, his, her or their agent, attorney or fador, further maketh oath to the amount of his, her or their debt
or demand, to the beft of his, her or their knowledge and belief, it flia41 and may be lawful for any Juftice
of the Peace, and he is hereby empowered and required, to grant an attachment againft the eftateof fuch ,
♦-debtor, whenever the fame maybe found in his county, or in the hands of any peifon or perfons indebted
^°"^- , , to, or having any of the efFefts of the defendant, or fo much thereof as flrall be of value fulficisnt to fatisfy
the debt or demand, aid cofts, of fuch complaint ; which attachment fhail be returnable before fome Juf-
tice of the Peace on or before thirty days after the date thereof, to be proceeded on as hereafter directed.
Provided alnjoaysy That every fuch Juftice, before granting fuch attachment, fliail take bond with fuflicient
Proceedings fecurity of the party for wliora the fame ftiall be ifTued, his, her or their agent, attorney or fador, payable
^^' to the defendant, in double the fum for which the complaint fhall be made, conditioned to fatisfy all cofts
which fliall be awarded to fuch defendant in cafe the plaintifF ftiall be caft, and alfo ail damages which
maybe recovered againft the plaintifF in any fuit or fuits which may be brought agamft him or her for
wrongfully fuine out fuch attachment -, which bond, together with the affidavit of the party complaining,
fubfcribei with hs or her proper name, fhail be filed by the Juftice who ffiall *ry xhe caufe, with the
attachment and other papers relative thereto ; and the proceedings thereon ffiall be had m a fummary way,
in the fame manner as on warrants ; and the defendant may replevy the property fo attached, by giv-n-
bond and fecurity to the officer ferving fuch attachment, conditioned to apr^ear before lome Juitice ot \
the Peace, to abide by and perform the order or judgment that ffiall be made thereon,
against garni- VIII Andhe it further ^;;^.^«/, That where the Sherift', Conftable or other officer ffiall ferve an attach-
sUee, J;c. ^^,,j ;„ ^^^ ^iznAs of any perfon or perfons fuppofed to be indebted to, or fuppofed to have any of the
effeas of the partv or parties abfconded or ref.ding out of the ftate, he ffiall at the fame time fiimmon
fuch perfon as garniffiee, in writing, to appear before the Juftice before whoni the attachment ffiall be
returned, then to anfweron oath relative to what he or ffie is indebted to the defendant, and what effeas
of the defendant he or ffie hath in his or her hands, and had at the time of ferving fuch attachment, and
what efleas or debts of the defendant there are in the hands of any other perfon, and what perlon, to ;
Ills or tlieir knowledge or belief : and \'diere any attachment ftiall be ferved in the bands of any gAtiiin^^e 2,1701'. S?)
•in manner aforefaid, it fliall be lawful upon his, her or their appearance and examination, to etUei up «-<'-v-^0
judgment and award execution againfl fuch garnifhee, for all funis of mouev due to the defendant
from him or her, and for all the effefts or eltate of any kind belonging to the defendant in hi3 or her
pofleffion or cuftody, for the ufe of the plaintiff, or fo much thereof as fliall be fufficient to fatisfy t!ie
debt and cofts, and ail charges incident to levying and fecuring the fame ; and ah the goods and erTec^s
whatfoever in the hands of any garnifliee or garnilhees, belongint; to any defendant, fliall be liable to latif-
fy the plaintiff's judgment, and fliall be deliverod to the iSheviffor other oflicer ferving the attacliment :
And when any garnifliee fummoned as aforefaid, fliall not appear and difcover on oath as by this act di-
refted, it fliall be lawful for the Jufticeto ifluea notice in writing for the faid garnifliee to appear at fuch
place and on fuch day as he may appoint, to fliew caufe why judgment ihall not be entered and execution
awarded againil him ; \^'hich notice fliall be fei'ved by tlie Sheriff, Conftable or other officer, and upon
fuch notice being duly executed and returned, if the garpifliee fliall fail to appear and difcover upon oatli
in manner aforefaid, the Justice flnll give judgment against fuch garnifliee for the plaintiff''s full demand,
with cofts, and award execution accordingly.
IX. And be it lurther enaBed^ That where any property attached as aforefaid, fliall be claimed by any o- Wher" prcrer--
ther perfon or perfons, and to determine the right the intervention of a jury may be neceffary, ths party *y attacii^d ils
claiming fuch property may appeal to the next county court, wher-o fuch right vpon an iffue joined, fliall '^ '^'"^"^
be tried by a jury of good and lawful men ; tbe party claiming firii: giving bond with fufficient fecuriiy
to pay all cofts and charges, in cafe he, flie or they fliall fail to profecute the faid fuit with effeft ; and
the verdift of the j.ury in fuch cafe fliall be coycIuCvc as to the parties then in court, and tlie rourt fliall
give judgment accordingly.
X. And he it further enaEiedy That when any garnifliee fliall on his or her garnifliment deny -that he or disputed ga*.
{he has in his or her pofleflion any property of the defendant, and the party plaintiff in fuch attachment, "'shments re-
iliall on affidavit fuggeft to the Jufticc, t!i;it fuch garnifliee owes to, or has property in his or her hands
belonging to the defendant, or when any garnifhee fhall on his or her garnifliment make fuch a ftatement
offa£ls that the Jitft ice before whom fuch garnifliment fliall be made, cannot proceed to give judgment
thereon, then and in either of thefe cafes, the Juftice flial! return the attachment and other papers to the
next county court to be held for his county, and the court fliall order an iffue or iffues to be made up and
tried by a jury, and the court fliall give judgment on the verdidi of the jury as in other cafes.
XL And be it further snaEied by the authority aforefaid^ That when any goods or other eftate ftiall be at- Goods attach-
tachedby virtue of any attachment iffued agreeable to the diredtions of this a£>, it fhall and may be law- * «"P*^'^ *•
ful for the defendant or defendants, his, her or their attorney, agent or faiflor, to repkvy the fame, by
giving bond with fufficient fecurity to the Sherifi^*, Conftable or other officer, ferving fuch attachment ;
which faid bond the Sheriff, Conftable or other officer is hereby empowered and required to take, to ap-
pear before the Juftice to whom fuch attachment is returnable, and to abide by, perform and fatisfy the
order and judgment of fuch Juftice : And when the eftate attached fliall by three freeholders of the coun-
ty, to be fummoned by the Sheriff, Conftable oi other oflicer for that purpofe, be certified on oath to be WUenperi»h^
pcrifliabifi, and the perfon or perfons to whom it belongs, his, her or their attorney, agent or fa<nor, fhalj Lie, sold.
not within thirty days after the ferving fuch attachment, replevy the fame, then fuch eftate fliall be fold at
public vendue by the Sheriff, Conftable or other officer : he having firft advertifed fuch fale at the court-
houfe, and other public places in his county, at leaft ten days before the fale, and the money ar'fing from
fuch iale fliall be liable to the judgment obtained upon fuch attachment, and fhall be retained and kept
by the officer to wait the event of fuch judgment.
And whereas it often happens, that garnifliees declare that they have in their hands property of the
defendant or defendants of a fpecific nature, which renders it necelTary that provifion ftould be made for
afcertaining the value of fuch fpecific property, fo as to enable the party plaintiff where he fhall have his re-
covery, to fue out execution for the fame ; for remedy whereof,
XI^ Be it enacted^ That from and after the paffing of this aft, whenever any garnifhee ffiall on oath When gami-
confefs, that he or fhe has in his or her hands any property of the defendant of a fpecific nature, or is in- ?.^" *^^* speci.
dehted to fuch defendant by any fecurity or affumption for the payment or delivery of tobacco or other *^ P'^^P^'"'/'
fpecific article, then in either of thofe cafes, the Juftice before whom fuch garniffiment fhall be made,
fhall immediately order three freeholders to be fworn to enquire of the value of fuch fpecific property, and
their verdidi ftiall fubjeft fuch garnifhee to the payment of fuch valuation, or fo much thereof as fhall be
fufficient to fatisfy the debt and cofts of the party at whofe inftance fuch garnifhee (hall hare been funv-
60 '2,1791'. moned. Provided alwayt, that fuch garnifliee who may on patK'conifefs, that he or flje has in his- or her
Uor^J hands any ipecific property of the defendant, as left or depofited in his or her pofTeffion by fuch defendant,
may always exonerate him or herfdf by delivering fuch property to the Sheriff, Conftable or other officer
who levied fuch attachment or may levy the execution iflued thereon. Provided always, that when judg-
ment fhallbe entered up againfl any garnifhee, declaring as aforefaid,, he fhall on giving, fecurity if requir-
ed, have the fame ftay of execution as fuch garniftiee would have been entitled to had he been original
defendant in the fuit.
Stay. XIII. jI Tid be it further euaEled, That in all fuits commenced by attachment as in this act direfted, which
fhall be returnable before a Juftice of the Peace, thejuftice to whom fuch attachment fliall be returned,
fhall ftay all proceedings thereon for the fpacc of thirty diys, unlefs the defendant to fuch fuit by attach-
ment, his agent or attorney, fhall replevy the goods, chattels or property fo attached.
And whereas by the prefent mode of proceedings on attachments, the perfon or perfons who enter
themfelves as fpecial bail on replevying the property, become fpecial bail to anfwer the whole demand of
the plaintiff.
_. ^^ ^ XIV. Be it therefore enacted, That the perfon or perfons entering themfelves as fpecial bail on replevy-
vyino-iiabeon- ing the property attached, (hall only be held liable to anfwer the value of the property which he, fhe or
lyforti-.e i>io- they as aforefaid do refpeftively hold or have returned in the garnifhment, and no more; but the fecu-
perty theyiiold, j^jy replevying, (hall not avail themfelves of paying the value of the property fb replevied, unlefs fuch fe-
curity fhall on the return of fuch attachment to the Juftice, require that fuch value fhould beafcertained
by an enquiry ; which enquiry the Juftice fhall have executed on requeft as aforefaid, by three freeholders
by him fumraoned to affefs and value fuch property on oath, notice being given to the plaintiff in attach-
ment, his agent or attorney, at leaft five days before fuch enquiry fhall be executed.
Adven-sement XV. And be it further enacted. That when any attachment iffued agreeably to this aft, fhall be retum-
v/hen persons gd to any Juftice of this ftate as levied on the goods and chattels, lands and tenements of any perfon or
county. perfons refiding without the county in which fuch attachment iffued, it fhall be the duty of the Juftice to
direct advertifements of the fame for the fpace of thirty days.
Prrcessmtset XVI. And be it further enabled. That no attachment warrant, or other procefs ifTued by a Juftice of
aside for want the Peace, fliall be fet afide for the want of form, if the effential matters required are fet forth in fuch-
ofform. procefs.
XVir. And he it further enaB'ed, That in all cafes where appealis fhall be granted from the judgment of
■^'tah ^c"" '^' * Juftice, the acknowledgement of the fecurity, and fubfcribed with his or her proper hand writing, at-
tefted by the Juftice, fhall be fufficient to bind the fecurity to abide by and perform the judgment of the,
court ; and where judgment fhall be againft the appellant, the fame fhall be entered on motion againft thd
fecurity, and execution fhall iffue againft the principal, or againft both principal and fecurity, at the opr
tion of the plaintiff. And whereas, in many inftances, plaintiffs appeal Tor the purpofe of harraffmg and
Costs. injuring the defendant by accumulating cofts and charges : for remedy whereof, in all cafes of appeal by
the plaintiff, fuch appeal fhall be at the cofts of the plaintiff, unlefs the court, on the trial, fhall be of o-
pinion that there was fufficient caufe for fuch appeal,, and in fuch cafe the plaintiff fhall recover his cofts >
on motion.
Justice to re- XVIII. And be it further enaEled, That when^any Juftice of the Peace fliall grant an appeal to the coun-i
lurn api)eal»-^ ^y court, it fliall be the duty of fuch Juftice to return fuch appeal on or before the fecond day of the court
poenas. ' to which it may be returnable ; and he is hereby authorifed and required, on application of either of the
parties, to iffue fubpoenas, dire£Ied to the Sheriff, or other lawful officeri in any county in this ftate, for
witneffes to appear and give teftimony at the court to which fuch appeal is returnable ; and the officer to
whom fuch fubpcena fliall be direfted, and the witneffes fummonedin confequence thereof, fhall be un-
der the fame rules and regulations, and fubjeft to the fame penalties, and entitled to the fame pay, pri-
vileges and emoluments as if fuch fubpcena had iffued from the Glerk of the court'to which fuch appeal
fhall be returnable.
?RnT'i""*' ^^^ whereas lands are often fold in confequence of judgments given by a Juftice of the Peace, there-
' ' fore it becomes neceffary that a record of fuch judgment fhould be made in fome proper office, fo that
it may appear of record in future by what authority fuch lands and tenements were fold and conveyed :
Therefore.
XIX. Be it enaBed, That executions iffued by a Juftice of the Peace againft the eftate of any perfon or
perfons, fliall be dire£l:ed to the Sheriff, Conftable or other lawful oflicer, commanding him, that of tli©
j^ooda and chattels of the party caft, he raake fuch fum or funis' of money therein mentioned, or for want
of fuch goods znA chattels to fatisfy faid execution, then he levy on the lands and tenements of fuch oer 2 1704 fi i
fon or perfotis, and make return thereof to the Juftice who Ifftied the fame, fetting forth on the execution ti-!X!i
the money he has made of the goods and chattels, and what lands and tenements he has levied on where
fituate, on what water courfe, and \'jhofe lands it is adjoining; and the Juftice to whom the return is
made, fliall return fuch execution, with all other papers on which the judgment was given, to the next
court to be held for his county -, which land fliall by order of faid court, be fold by the SheriiF of the faid '
county, or fo much thereof as may be lufficient to fatisfy fuch judgment, in the fame manner as real pro- '
perty is fold by writs of Fieri Facias or Venditioni Exponas ilTuing from fuch court ; and the Clerk cf the
court where fuch papers are returned, fhall in a well bound book to be kept for that purpofe, record the
iwhole of the papers and proceedings had before the Juftice ; for which he fhall be allowed the fame fee a<
for entering a judgment in any other fuit.
XX. And be it further enaSted by the authority afore/aid. That when any execution fhall ifliie to a Sheri 'T
Conftable or other officer, in virtue of a judgment obtained before any Juftice of the Peace, and the perfon eafrVt pernors
or perfons agamft whom fuch judgment may be obtained fiiall remove him or thcmfclves to anv other coun- rcmovirg out
ty within this ftate, and the Sheriff or other officer cannot find any property whereon to levy fa'id execution °^ *''* county.
then and in fuch cafe, the faid Sheriff or other officer fhalJ return fuch execution to the next court to be '"""'.r'^'^^^'^^''
le
as
E-ecii!-
held for faid county, and the plaintiff on application fhall be entitled to an execution for the whole or anv "' *^*
part of faid execution which remains unpaid by the return of fuch officer ; and the clerk by order of faid
court fhall make a retord of the fame, and iffue execution to the county where the defendant or defe:i-
dants refide, in the fame manner and uhdcr the fame .rules as in cafes of judgments obtained in faid
courts.
XXI. And be it further enacted^ That any Juftice of .the Peace is Jieteby £^ufhorizcd and required, on ap- r-
plication of either plaintiff or defendant nanjed in any original procefs iffued by a fingle Juftice, to direft moneriV""^*
the Sheriff, Conftable or other lawful officer, by an order in writing on the procefs, to fummon witneffes *
to appear and give teftimony in fuch fuit at rfie time and place appointed for trial ; and fuch witneffes fail-
ing to appear and give evidence, fliall forfeit and pay the fum of two pounds current money to the cartV
at whofe inftance he was fummoned, and further be liable to the a£lion of the party aggrieved, for da-
mage fuftained for his non-attendance ; which fine fhall be recovered befiore any Juftice of the Peace un-
lefs fuch v/itnefs, on affidavit or otherwife, fliall fhew fufficient.caufe to the contrary, fubjeft neverthe-
lefs to an appeal to the county court as in other cafies.
XXII. And be it Jurther enaSied by the authority aforefaidy That the Sheriff, Conftable or other officer ferv- Fees &c
ing any warrant, fhall be entitled to the following and no other or greater fees for his fervices to wit '
For ferving every warrant, for each perfon ramed therein, four fhillings ; fumir.oning every witnefs, two
Ihillings^ for every execution, four fhillings j for every attachment levied, five fhillinga, for every bail
bond, one fliilling.
XXIII. And be it further eneuted^ That all and every aft, parts and claufes of a£ts, which are contrary p
to the meaning, and come within the purview of this aft, be aftdthe fame are hereby repealed and made p°™d' ^"^'"^
void. Provided alivaysy That this aft ftiall not begin to operate, or be in force, until from and after the This when io
firfl day of.Auguft next. effe<a.
An act to eKplain and fupply the deficiencies of certain a^s of AJcmbly refpeSiing fales made by txeeutors and ad- CHAP. 14.
miniflrators, - Ante p. 56,
WHEREAS doubts have been fviggefted refpefting the operation of certain afts of Affembly, autho-
rifing and direfting the fale of perfonal or perifhable eftate by executors or adminiftrators : For
remedy whereof.
I. Be it enacted by the General Afftmbly ofthejlate of North-Carolina y and it is hereby enacted by the autheri- p . f
ty of the fame, That the meaning and operation of the faid afts are, that when the eftate of any perfon cle- cutcrs *8ic"''
ceafed, fhall be fo far indebted as that the debts cannot be difcharged by the monies on hand at the death
of the teftator, or when fale (hall be deemed neceffary fora juft and proper diftribution ordivifion of fu<?h
perfonal eftate, that then it is and fhall be the duty of every executor or executrix, adminiftrator or ad-
miniftrattix, to fell and difpofe of the goods and chattels of his or her teftator or teftatrix, or inteftate,
firft obtaining an order of the court of the county for that purpofe, for the iroft that may be gotten for
the fame, by public fale, having firft advertlfed the fame at the court houfe and four other public places
G2 2jl794?. within^ the county, at leaft twenty days before the fale } and (hall for enhancing the price thereof, give
v^'v^J not Icfs thin fix months credit, upon bond and fecurity given j and that fach executor or executrix, ad*.-
miniftrator or adminiftratrix, fhall after the time of fuch payment is pall, take and purfue all lawful ways
and means to recover and receive the money fo due as afore faid, or otherwife (hall be chargeable and an-
fwerable for the faaie; and that fuch monies when received, fhall be liable to tlie fatisfaftion of judg-
ments previoudy obtained and entered up as a judgment when aflets ftiould come to the hands of the exe-
cutor or a Iminittrator.
Troviso. II. 4nd be it further ena5led. That nothing irt this zCi (hall be; conftrued to a(Fe£i the powers, truft or
authorities of an executor or executrix derived from the will of his or her teftator or teftatrix.
Executor not m, ^„,/ ^^ it further enabled by the authority aforefaid^ That the naming or appointing any perfon eXecu-
«]ebt duetto" *^°''> ^*^' ^^^ ^^ coafidered as a difcharge of any debt or demand due from the perfon fo named as execu-
testator, tor to tlie teltator.
CHAP. 15.
X-ists of lands
how to be giv-
en in,
Town-lots.
Proceedings on
negleifl.
I5uty of coiin.-
ty court re.
sjieSing entry
books, ?^c.
Penalty on per-
80"$ refusing
to de'iver up
books, S(C.
CHAP. 16.
Entries of
lands how to
Ivi paid, &c
)/'99, 3,
An act more effectually tejecure the payment of the taH on landr, and to pre/bribe the duty of the County Courts in
certain cafes.
WHERE \S by the prefent mode of giving in the lift of taxables, the payment of the land tax may
be evaded : For remedy whereof,
I. Be it enaled by the General ijfeinhly ofthejlate of North-Carolina^ and it is hereby 'enaBed by the authority
of the fame, That fro n and after the palTing of this a6t, all owners of lands lying within this ftate, (hall
by themfelves, their agents or attornies, give in lifts of the fame in the feveral counties refpe£llvely in
which the faid lands are fituated, and the taxes upon the fame (hall be coUedted by the tax-gatherers, and
accounted for in the fa ^le manner as directed in other cafes.
II. And be it further enacted. That the owners of all town-lots- within this ftate, (hall by themfelves, their
agents or attornies, give in a lift of the fame, defignating their numbers, in the town or counties re(pe-c
tively in which the fame are fituated, and the taxes on the fame (hall be colle£led in the fame manner with
other town property.
III. And be it further enacted, Thzt if any owner of land lying within this ftate, or any owner of town
property within this ftate, fhall fail, by himfelf, agent or attorney, to give in a lift of the fame in the coun-
ties in whicii the faid lands or town lots are fituated, the Sheriff of the faid counties in which the fame are
refpeftively fituated, (hall ad vertife the faid lands or town property, at tliree of the moft public places
within the county, and at the court houfe of the diftri(a wherein the lands are fituated, and alfo in the
gazette of the ftate, the printer of which is hereby required to pubUfh the fame ; and if no perfon pays thef
tax on the fame, (hall, fixty days after fuch advertifenient, fell the faid lands or town lots, or fo much
thereof as may be neceflary to pay the faid tax with contingent charges.
IV. And be it further enacted, That it (hall be thefpecial duty of the court of each coUnty in this ftate,
at the court which (hall be held in their refpeftive counties after the (irft day of April next, to call on all
former Entry-takers who have held that office fince the year one thoufand feven hundred and feventy-feven,
and have vacated their o'Bces by refignation or otherwife, and who ftill retain in their jpo(re(rion the Entry-
books and papers, by them kept } as alfo all heirs and reprefentatives of any Entry-taker who may have
dieif, who may have in their hands" the books of any fuch Entry-taker, to furrender to faid court all fuch
books and papers ; and faid court (liall proceed to examine all fuch papers when fo delivered to them, and
(ha''l make thereon fuch remarks as (hill to them be deemed needful, and the ("aid books and papers when
fo examined, (hill be depofited in the hands of the prefent Entry-takers, whofe duty it (hall be to fafely
keep the fame, fubjeft nevarthelefs to the perufal of any perfon who may wi(h to examine the fame on
paying the fees allowed by law. ^.._ ....'■ ^'
V. An I be it further enaSfed, That if any perfon' having in his' or' their hands, any fuch books and pa-
pers and (hall refufa to furrender up the fame when called upon as by this aft direfled, (liall forfeit and
pay the fu'Ti of one thoufand pounds, to be recovered by any perfon profecuting for the fame in any court
havintr jurifdi£lion thereof, and (hall be applied to the ufe of the ftate.
AttaB making provifion for the redemption cf the certificatt debt of the flate.
BE it enaled by the General Affembly ofthejlate of North-Carolina, and it is hereby ena&ed by the author!'
ty of the f me. That from arid after the palfiiig of this a£t, ill lands entered in th s Itate, (h;ill be paid
for at the rate of (ifty ftiillings per hundred a?res. And it (haU »nd may be lawful for any perfon making
entry of* vatarit lands m this (lite hereafter, to pay to tlie officer appoittted by law, the purchafe money there- 2; 1794. 63
of, either in cafli or in certificates, at his option, calculating both the principal and intereft of the certifi- v,^"v"n,J
cates up to the date of the entry. Provided that the certificates iffued at Warrenton, in one thoufand fe- 1801, l.
ven hundred and eighty-fix ; thofe iflued by Patrick Travers, CommlflTioner of CumberUnd co\pty ; and '
thofe commonly called Weftern or Chickamauga certificates, ftiall not be received in payment for any
entries made in purfuance of this a£l:.
And to the eijd the amount of the out-ftanding certificate debt may be afcertained, and the ftate thereby
enabled to make provifioH commenfurate to its" redemption.
ll. Be ii further etiaSled by the auth&rity aforefaidy fhat all pef forts holding certificates of the debt of Certificates to
North-Carolina, fhall, on or before the firft day of December next, prefent them at the Comptroller's of- be registered, ;
fice, and caufe them to be regiltered : which the Comptroller is hereby directed to do in a book to be ^'
pilrchafed and kept for that purpofe ; and for fuch his fervices he fhall be allowed by the next Aflembly,
it being out of the ordinary line of his duty. And that all afts and part of a£ls coming within the mean-
ing and purview of this aft, are hereby repealed and made void.
An aB to prevent the iffuing of grants for lands entered ivUh any of the Entry-takers in this fatey in certain CHAP. 17.
cafes. >
WHEREAS It is reprefented to diis General Aflembly that great quantities of land have been en-
tered with the difFefent Entry- talters within this ftate, and the purchafe money thereof not pre-
yioufly paid, which conduct: is not warranted by law :
i. Be it therefore enaBed h^ the General Affemhly of the fate of Nor^h-Catolina^ dnd it is hereby enaBed by the
tutthority of the famey That the Secretary of State is hereby dire£led not to liTue any grants for land en* tarv'in'issurn^'
tered with any of the Entry-takers;in this ftate,' fubfequent to the firft day of January in the year one thou- grants, &c. ''
fand feven hundred and ninety-four, until the perfon claiming fuch land as aforefaid ftiall produce to the 51784, 1,
Secretary a certificate from the Comptroller, certifying that a return from the Entry-taker of the county ^^}^ P*^''''*^"
where the lands lie, hath been made in his office \ alfo the number of the entry and the amount thereof 5 1796, 7.'
and fhall further produce to the Secretary a receipt from the Treafurer, certifying that the purchafe money 1797, 16.
for fuch krtd hath beeti fully accounted for and paid by the Entry-taker aforefaid, any tiling to the contra- J^^g* j •
ry notwithftandlrig. Provided always, that nothing herein contained (hall be conftrued to prevent any *
perfon who hath bona fide paid to the Entry-taker the purchafe money for his land, from obtaining a title
thereto. And the evidence of this payment ftiaill be the receipt of the Entry-taker, and the affidavit of the
enterer or grantee, or his affigns, that he hath paid or caufed to be paid to the Entry-taker in whofe office
the entry was made, the whole amount of the money due for fuch land fo entered j which receipt and
affidavit ftiall b^ filed in the Secretary's office.
And whereas it frequently happens that the purchafe money for lands,' after being paid to the Entry-ta-
ker, is not accounted iot by him t6 the Public-Treafurer :
II. Be it alfo enaBidy That it ftiall not hereafter be lawful for arty Entry-taker to receive from the perfon Entry-taker
entering landi in his office, more than his own fees \ but it ftiall in all inftances be the duty of the perfon to take his fees
entering, to pay the purchafe money' to the Treafurer and take his receipt for the fame, previous to the *""'/' '"<* "'°-
warrant's ifl*aing upon fuch entry j and the Secretary of ftafe is hereby dlrefted not to iflue any grant for xreasurer'^^e-"*
lands Upon entries hereafter to be made, until the party applying for the lame ftiall produce to him a cer- fore the grant
tificate from the Comptroller that fuch payment hath been made. issues.
III. And be it further enacted, ThAt'm no entry made of lands within the prelertt bounds of this ftate. Warrants not
fhall the warrant be removed or laid on other lands than thofe fpecially located and defcrlbed in the firft to be removed
hiftance upon the Entry taker's books, except in the fame county in which the entries were originally ""' "^ *^®
made.
IV. Arid be it further enjBed, That all aCk^^ feSIoiis and claufes of a-fls, comin^ within the parview and p(j,^er al
^meaning of this a£t, be and the fane are hereby repealed and made void. repealed.
J, V. And be it further enacted, Thit the Comptroller be and he is hereby authorifed and required to ifftie .^
warrants on the entries made in the late entry.oHce of John -Amlrong, in all cafes where warrants have em^ierin
not heretofore iflued, and in which the purchafe money or (Jsrtificates have been paid. Armstrong's
office how to be
issued,
64
CHAP. 18.
Justice not to
voteonhisown
election, &c.
2,1 794 An aB to prevent any Jujllce of the "Peace from tiotUtg In his eivn eknion to the office' of CUrk of the County-Court
Regj/ler, Entry-taker, Surveyor, County Trujlee or Ranger.
T>E itenaBed by the General Ajfembly of the fate of North-Carolina, and it is hereby enafled by the autho-
^'*\S rity of the fame. That from and after the paffing of this aft it fhall not be lawful for any Juftice
of ftf Peace, being a candidate for the ofEce of a County Court Clerk, Regifter, Entry-taker, Surveyor,
County truftee or Ranger, of his own county, to vote or ft on the bench at the eleftion ; and if any
Juftice of the Peace (haU hereafter prefume to fit on the bench or vote in fuch elefljon, his vote thall not
be counted, and he (hall forfeit and pay for every. f«(pli ofFenc.e the fym pf fifty pounds, to be recovered
by aftion of debt, one half to the perfon fuing for the fame, ap4 tl\e.<>tfeej:;fc# fo the ufe of the county ;
any law, ufage or cuftom to the contrary notwitJiftanding.
19. An aEl to amend the aB approbating the new Great Seal of the flate, pajftd at FayetteviUe the loft atfnmlfeffm.
48, •\'CTHEREAS 3 proper fcrew has not yet been procured to make impielGpiis yvith the new <Preat
W Seal : ,,.,,,.
Impressions I. Be it enaBed by the General Ajfembly ofthefateofNorth-Carolina, and it is hereby enaBed by the author i-
with old seal f^ of the fame. That all grants, commiflions, proclamations and other public afts which have been attefted
authemicated. ^^^ authenticated with the old Seal, fince the time prefcribed in the faid aft for the ufe of the new Great
Seal, or which may be fo attefted and authenticated, fhall be good and valid iftjaw toall intents and pur-
pofes. And the Governor is hereby authorifed to continue the ufe of the old Seal until he fliall be able to
procure a fcrew to make impreflions with the new one. . i c ' '
And whereas tlie faid aft direfts that the new Great Seal of the ftate fhall he depofited ui the Secreta? .
ry's office, which is contrary to a provifion in the conftitution. , cj >
Fowner act re- II. Be it enaBed, That fo much of the faid aft as direft & ^e faid Se^ to be depofited in the Secretary s
pealed. tMic^^ be and the fame is hereby repealed and made void.
An aB to amend an aB, entitled, « An aft to carry into efFeft the Ordinance of the Convention held at
Hillftjorough, in July, oi» thoufand feven hundred and eighty-eight, entitled, An ordinance for eflaMj/h.
ing a place for holding the future meetings of the General Affembly, and the place of ujidence of tif chief officers
of the fate.*' ' :,
An aB to empower thefeverat County Courts^ in this fate to efabli/h Fairs therein,
WHFREAS frequent applications from particular counties are made to the jLegifiature to eftabliftv
fairs therein, thereby producing a delay of public bufinefs, when they might as well be eftablifli,
ed by the county courts : j . . , , j , r
I. Be it therefore enacted by the General Ajjembty of the fate ofNorth-Carohnay.and^it u hereby enaBe^ by thi^-
authority of the fame. That from and after the paffing of this aft, it ftiall gnd may be lawful for the feve-.
ral County Courts in this ftate, to appohit a fair or fairs in their relpeftive counties, at fuch place or pla-.
ces as they may judge moft proper for the convenience of the inhabitants, foas to afford an opportmiity
and give encouragement to induftry, by collefting the inhabitants for the purpofe pi exchanging, bartering
and felling of all fuch articles as they may wiffi or be neceflitated to difpofe of. v • ' ,
II. And be it further enaBed, That when any of the faid courts may think proper to eftabhfti affair, they
fliall nominate and appoint CommiiTioners to regulate and conduft the fame, by drawing up and fornung
a fyftem of bye-laws for the government thereof, to be approved of by faid court and entered of record j
which rules fo formed as aforefaid, ftiall be confidered as valid and as eftVftual as if they had been expreff
fed by an aft of Aflembly for that fpecial purpofe. Provided nevertbeleff. That faid rules fliall not be con^
trary or inconfiftent with thekiw of theland. _ ; • n n l r n. i.
III. And be it further enacted. That the inhabitants of every county wherfein any fairs fliall be lo eitab-
liftied, fliall have free liberty and power to attend the fame, difpofe, exchange or barter any article or ar-
ticles whatfoever therein, without any reftraint or diftinftion whatever, fubfeft neverthelefs to fuch rules
as the Commiffioners aforefaid or a majority of them, flial! or may form for the regulation thereof.
IV. And be it further enacted. That a majority of the afting JiAlices fliall in all cafes be prelent when
any order or decree of the court is pafled for eftablifliing fuch fair or fairs ; and that no lefs number than
a majority fliall have fuch power and authority as aforefaid ; and a majority of the Commiffioners who may.
be appointed to regulate the fame, fliall in all cafes be a quorum fufficient to tranfaft any bufinefs relative
thereto.
CHAP.
Ante p
&c.
(i. ir.
CHAP. 20.
Amended act
lias had its ef-
feet.
Ante p. 28.
CHAP. 21.'
Count)' courts
may appoint
ioAts, &c.
Commissloneifs
to repilate the
same, Sic.
Inhabitants to
have liberty of
tlie same.
Majority of
Justices neces-
sar/.
jin aEl to explain and amend an acf^ entitled, « An afi: to empower the County Surveyors to make furveys SjlTOi. ^o
and returns in the manner therein mentioned." u^^vO
I, T^ E it enacted hy the General A Ifemhl^ of the Jlate of North'-Cardinay and it is hereby enacted by the atithari- ca^v. 22.
_|3 ty ofthefatney That all the lands in this ftate lying to the eaftward of the line of the ceded Territo- 1» ^'^4, 19,
ry, fliall be deemed and confidered as coming within the meaning and purview of the faid a£l.
An aB to alter and amend part of an a ^y pajed at Newbern, in the year one thoufand /even hundred and feventy' chap. 23.
feven, entitled, *' An ait for eftabliftiing Courts of Law, and regulating the proceedings therein." 2, 1777, 2.
WHEREAS it is provided by the fixty-fixth elaufe of the fA-id aft, that the Vacancy of the County
Clerk fhall be filled by the court of pleas and quarter-feihons where fuch vacancy happens, a me-
thod fubjei^ to abufe, inafniuch as the power may be exercifed by a ve^ry fniall number of the Juftiees :
For remedy whereof.
mnty
where fuch vacancy fhall be, fliall appoint a perfon of (kill and probity to fill fuch vacancy ; and all Cleiks
;of the faid courts fliall hold their offices during good behaviour.
"'' II. And be it further enaSled, That fo much of the before recited claufe as comes within thameaiiing and
j)ur\'iew of this a£l:, be and the fame is hereby repealed and made void.
AnaElto amend an aci, entitled, « An atSl to amend fuch parts of the aft, entitled. An a£i for eflaUifhing chap, 24-.
courts of law, and for regulating the proceedings therein, as may relate to proceedings on attachments ; and for Ante p. 43.
amending an aEl for making procefs in equity effeSliial agaitfl perfons who abfcond and who refide without the li-
mits of thtjlate, and for better regulating the proceedings in the court of equity."
WHEREAS by tlie above recited aft many garnifhees as well on original as judicial attachments,
are made liable to pay money, w:hen in faft their contraft or afTumption Was only for the pay-
;ment or delivery of fpecific articles:
I. Be it therefore enaBedby the General Apmbly oftheflate of North- Carolina, and it is hereby enacted by the Garnishments
authority of the fame. That when any perfon fummoned as a garnifhee, fhall upon his or her garnifhment, ^?^ specific ar-
oflate that he or fire is indebted to the defendant by fpecialty or aflumption for the payment or delivery of celded'on! ^'^°'
any fpecific article, that he hath tendered the fame agreeable to -contraft, and that it was refufed by the
defendant ; or that he then was and had always been ready to deliver the fame, or that he had fuch fpe-
cific article at the time and place fpecified In fuch covenant or agreement ready to be delivered, and that
he was ftill ready to deliver the fame ; and when fuch garnifhment {hall be admitted by the plalntifF, or
found by a jury, then in any of the faid cafes fuch garnifhee fhall and may be exonerated by the delivery
of fuch fpecific article or articles to the SherlfF who levied the attachment, who fhall proceed as if the at>
tachment had been originally levied on fuch article or articles.
II. And be it further enaBed by the authority aforefaid, That when any garnifhee fhall declare on his gar- And when due
nifhment, that the money or fpecific article due by him or her will become payable or deliverable at a fu- at a future day.
ture day, and the fame fliall he admitted by the plaintiff or found by the jury, then and In fuch cafe con-
ditional judgment fhal) he entered agalnfl fuch garnifhee, and the plaintifi^ may proceed to afcertain his
demand by judgment agalnfl the defendant, but fhall not take final judgment againft fuch garnifhee with-
out notice hj fcire facias, on which the plalntifF may proceed as In other cafes ; and that fo much of the
before mentioned aft and all other afts and parts of adts that come within the purview and meaning of this
,aft, are hereby repealed and made void. i
j^ aB to repeal the third feBion of an aB, paffed at Fayetteville in the year one thoufand feven hundred and nine- CHAP. 25;
ty, entitled, « An aft to repeal all afts, claufes and parts of afts of the General AfTembly of this ftate as 1790, 25,
relate to claffing of tobacco."
WHEREAS the faid third feftlon of the above fecited aft is found by experience to be injurious
and oppreffive to many of the good planters of the ilate, and not to anfwer the good intentlotis of
the faid law : For remedy whereof,
"L Be it enaBedby the General Ajfembly of the fate of North-Carolina, and it is hereby enaBedby the authority Seflion of a
the fame i That from and after the firft day of July next, the above recited third legion be and the fame I»^ repealed.
Rates of Pilot-
age.
But see 1798.
38,
66 2,1794. is hereby repealed and made void. Provided neverihelefsy That the proprietor of fuch condemned tobstc-
v^*-v-«j CO fliall have the privilege of letting faid tobacco remain in the ware-houfe fix months after the infpe£tiotf
thereof, and (hall be entitled to have fuch tobacco reinfpefted if he thinks proper.
Bad tobacco II. And be U further enaSiedy That all tobacco that is found not fit for exportation^ fhall be confumed
burnt. by fire.
CHAP. 26, An aci to a/certain the Pilotage which Jhall he allowed' the Pilots at Oceatod-inlety and the feveral founds and
rivers to which veffels go which come in over faid inlet.
WHEREAS the fees heretofore allowed to pilots at Occacock -Inlet, is found inadequate to their
trouble and rifk : ,
I. Be it therefore enacted by the General Assembly of the Jtatt of North-'Carolinay aftd it is hereby enacted by the'
authority of the fame, That from and after the paffing of this adl, all pilots legally authorized to take charge
of veflels to bring in over Occacock-Bar, or up to either of the ports of Newbern, Waftiington, Edenton or
Camden, fhall be entitled to demand and receive from the commander of fuch veflel as they may have?
had charge of, the following pilotage, to wit, For every veflel or veflels drawing any draft of water under
eight feet, from the out fide of the Bar into BeaconJfland Road or Wallace'^s Channel, at the option of
the commander, five filver dollars ; and for every Ihip or veflel that draws eight feet water or more, and
under t>velvefeet, five eighths of a dollar per ioot; and for every (hip or vefl'el drawing twelve feet water
or more, one dollar per foot ; and the fame fees out over the Bar as in -, and for every {hip or \effel over
either of the Swafhes, two dollars ; and for every Ihip or veflel from the mouth of the Swafti to either of
the ports of Newbern or Waihingtonj drawing any' draft of water, one dollar per foot ; and for every ftiip'
or veflTel from the mouth of the Swafli to the port of Edenton, twelve dollars, and' to the port of Camden^
ten dollars ;. and the fame allowance down as up.
II. Jftd be it further enaSled, That if a branch pilot fliall' go off" to any veflel bound in, and oflPer to pilot'
her in over the Bar, the mafter or commander of fuch veflel, if he refufes to take fuch pilot, (hall pay and
fatisfy to fuch pilot, if not previoufly furnilhed with one, the fame fum as is allowed by law fof condud--
ing fuch vefl'el in, provided his vefl'el fhall be above forty tons burthen.
III. And be it further enaBedyTh-Titio much of an aa of Aflembly pafl'ed at Hillfborough, In April, on«
thoufand feven hundred and eighty-four, as comes within the purview of this aft, is hereby repealed and.
made void.
An aEl to annex part of the county of Mecklenherg to the county of Cabarrui.
WHEREAS it is reprefented by petition to this General Afl'embly, that it will be more convenient^
and greatly contribute to the fatisfaaion of a- number of the prefent inhabitants of the county '
Mecklenberg to be added to the county of Cabarrus v , ,
I. Be it therefore enaBed by the General Afembly ofthiflate of North-Caroltna, and it is hereby eriaBed by tht
authority of the fame. That all that part of the county of Mecklenberg, which fhall or may be included by
a line beginning at Pickens's Ford on Clark's creek, running fuch a courfe and diredion as to niclude the
following perfons, and the land whereon they live, to wit, John Wilfon, Robert Hode, Zaccheus Wilfon,-
John Sloan, Nathaniel Giles^ and Doftor Charles Harrifs, from thence to the north-eaft corner of Adam ;
Meek's dwelling houfe on the Cabarrus line, fo as to include the faid Adam Meek m Mecklenberg county,
fhall be added to the county of Cabarrus In as full and ample a manner as if the fame had been include*
at the time of the divifion. Provided neverthekfs. That nothing contained in this aa IhaU be fo conftrued
as to prevent the Sherifl^ of the faid county of Mecklenberg from colleaing any public tax or other arrear-
ages due at the time of this addition.
An aB to annex part of the county of Rutherford to Buncombe. , r» , • |
CHAP. 28. I. "D E it enaBed by the General Affemhly of the flate of North-Carolina and it is hereby enoBed ly the aa^
tj ^;.<jr/Vy*/-//5//a;«^, That from and after the pafliBg of this aa, all that part of the county oF'
Rutherford, weft of a line beginning at the Sugar-Loaf Mountain ; from thence a direa line to the Hoti-.^
gary Mountain, and along faid Mountain to Green River, crolfuig the fame ; and from thence a dired^
line to the South-Carollna boundary, and all that part lying to the weft of the line aforefaid, fhall be an^
nexed to, and confidered a part of the county of Buncombe. Provided, That nothing, in this a6t fhall bs^;
underftood to prevent the Sheriff of the county of Rutherford' from colleaing all pubhc taxes nov due
Branch, pilot to
be paid if he
boards a vessel.
1, 1784, 28.
Former a,& re-
pealed.
CHAP. 27.
Dividing line.
Ante, p. oft,
1762, 12.
Dividing line.
Ante, p. 20,
1,1779, 23.
jti that part of the faid county, which comes within the defcription of this adl, any thing to the contra- 2,1794p. 6?
ry notwithftanding. U*nc>*>
An aB to amend an aSly entitled^ "An a£l for regulating Ordinaries, Houfes of Entertainment and Fer- chap. 29.
ries, and other purpofes," pajfed at Halifax ^ in the year one thoufand Jeven hundred and Jeventy-nine.
Repealed^ 1798, 18.
An actio repeal part of an acty entitledy** An a£t to prefcribe the mode of paying the militia officers and fol- chap. 30.
diers for their fervices on an expedition carried on againft the Chichamauga Indians by Brigadier-Ge- ' '
neral Jofeph Martin, in the year one thoufand feven hundred and eighty-eight, " pajfed at Fayetteville in
the year one thoufand feven hundred and eighty- nine ; and all aBs, parts or claufes thereof that has or does em^
power and aitthorije the Cdmptroller to ijfue certificates Jor fervices on any expedition againfi Jaid tribes of Indians.
BE it enacted hy the General Affemhly of theflate of North-Carolina^ and it is hereby enacted by the authority
of the fame y That from and after the palhng of this a£l, all and every part or parts of the before recited
ad, or of any other a£l or a£ls, or claufes thereof, that has heretofore extended, or does now extend to Former aft re-
authorife and empower the Comptroller to ifliie certificates for Services performed on any expedition a- P^q'^Vi
gainft the Chichamauga Indians, be and they are hereby repealed and made void j any law, ufage or cus- ' *
An act to erect the militia of Morgan diflrict into afeparate divifion.
BE it enacted by the General Affemhly of the Jlate of North-Carolinay and it is hereby enacted by the authority chap. 31.
of the famey That the militia of the counties compofmg Morgan diftrift, fliall be arranged into two ^lixh di i ' *
brigades, that is to fay, the counties of Burke, Wilkes and Buncombe, fhall compofe the ninth brigade ; Ante p. 36.
and the counties of Lincoln and Rutherford, (hall compofe the tenth Brigade : which two brigades fhall 1800, 28.
be fliled the fifth divifion of the militia of this ftate i and the faid divifion and brigade fhall be officered ^^^''"^^> 2^'
In the fame manner, and fubje^l to the fame rules and regulations as are or fhall be prefcribed for the
general difcipline of the militia*
Art dcito prevent Gamtng'Tahles in ihe neighbourhood of the univerftty of i^orth-Carolina. chap 'K'K
% li THERE AS there is reafon to believe that billiard-tables, or fome other tables or devices for the
Y V purpofe of playing at games of hazard, near the univerfity of this flate, would greatly tend to
create idlenefs and diffipation among the ftudents :
I. Beit therefore enacted by the General AJfembly of theflate of North-Carolinay and it is hereby enacted by the -a \. t
<7«/i?'<?nVj? o/'/A^^Wfj That no perfon fhall fet up or fhall keep up any billiard-table, or any other table ting up gaming-
or device for playing at any game or hazard, within five miles of the faid univerfity; and if any per- t-'^'^'es near the
fori or perfons fhall fet up any fuch gaming-table, or having fet up the fame fhall continue it after the f "kmh "^^
firfl day of May next, he or they fo offending fhall forfeit and pay the fum of fifty pounds, to be reco- ry where,
vered in any court having cognizance of the famd, one half for the ufe of the informer and the other half 1798, 19,
for the benefit of the ftate.
An a£ito explain and atnenJ an aff, entttledy " An ail to appoint Commiflloners for difpofing of part of the rwAP 44
ground appropriated for the ufe of the public buildings in the county of Perfon •" and for appoint- ^nte p. 21. '
ing three jurors to the fuperior court of Hillfborough.
\T.he firfl feBion private.^
And whereas the county of Cafwell before the divifion thereof appointed but feven jurors to attend
the fuperior court, and through fome miftake at the divifion, the two counties have appointed eight ; and
as it is notorious that the county of CafWell contains the largeft number of inhabitants.
II. Be it therefore enaBed by the authority aforefaidy That after the paffing of this aft, it fhall be lawful
lor the county of Perfon to appoint three jurors to attend the fuperior court of Hilliborough, and IK) mere,
any law heretofore to the contrary notwithltaiidfiig.
2,1794, An aEl to apportion the namher ofyurofs to lefent from the counties of Medlenherg and Caharruf, to Salijhury
\^-«r«0 Superior Court : and to include the county of Cabarrus in the diJiriB compofed of the counties of Rowan, M tch-
lenberg and Montgomery, for the purpofe ofchooftng an Elector to vote for a Prftdent and Vice^Prifident of
the United States.
I. TTJ E it enacted by the General Affembly of theflate of North-Carolina, and it is hereby enaEled by the au-^
JI3 thority of the fame. That from and after the paffing of this aft, the county of Mecklenburg Ihall
appoint four, and the county of Cabarrus three jurors to attend the fuperior court of Salifbury, in the
fame manner, and at the fame time, as jurors have been heretofore appointed for faid purpofe in each of
the faid courts refpeftively.
{The fecondfection repealed, 1803, 5,
AnaBtorepealpartofanactpaffedatFayetteville, in one thoufand feven hundred and ninety three, entitled.
An ■i.St. for laying out a town on the land of Thomas Mathews, in the county of Moore •, and alfo t»
alter the times of holding the courts of Pleas and ^larter-Seffions in the county of New-Hatwver.
[The following only neceffary to be inferted.']
II. And be it further enaSfed, That the county court of New-Hanover Ihall be held in future on the third
Mondays in June, September, December and March ; and all matters and things in faid court (hall ftand
adjourned to the third Monday in June next, after the firft court which fliall be held after the pafljng of
this aft.
68
CHAP, 51.
Ante p. 33.
Jurors for
Mecklenberg
and Cabarrus
counties.
CHAP. 65.
New Hanover
court.
1785, 2.
eHAP. 92. An aB to repeal part of an aB, pqfed at Fayetteville in the year one thoufand feven hundred and ninety-three,
entitled, An aft to amend an aft to faciliate the navigation of Haw and Deep Rivers.
WHEREAS the operation of the third claufe of the faid aft is found to be oppreffive and unequal :
I. Be it enaBed by the General Affembly of theflate of North-Carolina, and it is hereby enaEledby tht
Part of an act authority of the fame. That the faid third claufe is hereby repealed and made void,
repealed.
TITLES OF THE PRIVATE APTS.
.32 An aft to establish two places in Halifax county for the pur-
pose of holding general musters,
34 An act to explain an aft to amend an aft, entitlpd. an aft to
keep open Roanoke river for the passage offish up the
same, and other purposes herein mentioned, and to repeal
said a£l.
35 An ail to empower the county court of Surry to lay a further
tax, if they deem it necessary, to reimburse the comrais-
Bioners with the money by them expended in erefling the
public buildings in said county ; and to appoint other
Commissioners in addition to those heretofore appointed
to dispose of the lots in the town of Rockford in the coun-
ty of SuVry,
36 An ad to authorise Robert West, administrator of Georg;e
Lockhart, deceased, late Sherifl" of theccunty of Bertie,
to coUea the public, county and parish taxes for the year
one thousand seven hundred and eight>-nine, from such
of the inhabitants of the said county as have not already
paid the same,
37 An aa to alter Ihe time of holding the county court of Glas-
gow,
38 An a<a to empower the coupty cowt of Cabarrus to ky a
further county tax.
39 An act to repeal the third and fourth seflions of an aift, en.
titled, An aa for opening and clearing the Yadkin and
Pef'ee Rivers.
40 An afl to enable William May, sen. late Sheriff of Anson
county ; and Lewis Dicken, executor of the last will of
Benjamin Dicken, late sheriff of Edgcomb county, de-
ceased, to collect the arrearages of taxes due to said she-
riffs
41 An afl to amend the a& for establishing the town ot Winton
in Hertford county.
42 An aft to repeal an aft, passed at the last session of the
General Assembly, held at Fayettville, entitled An afl
to divide the militia of Orange county into two separate
regiments, and to empower the officers of the militia of
said county to divide the militia thereof into two separate
regiments ; and to divide the militia of Lincoln county
into two regi!ments.
43 An aift for estabhshing a town on the land of Ma thew Brooks
in the county of Stokes.
45 An *'^ *° amend an a£l, entitled An a£l altering the line be-
tween the counties of Lincoln and Burke, and appoint-
ing commissioners to fcc on a convenient place in said
county of Lincoln to ereft the public buildings of said
county, passed at Hiilsboiough in April, one thousand se-
ven hundred and eighty-four.
46 An aft to repeal part of an aa, passe^ at Tarborough in
the year one thousand seven hundred and .eighty-seven,
entitled An aagranriv? to the inUibitanis living on the
south side of MtcHeriberg: fnintv, a- privilege of hold-
ing a separate elefiioi for members of the General As-
sembly.
47 An aa for the better regulation of the town of Lumberton,
and to authorise the Commissioners already by law ap.
pointed to sell such lots as may not be claimed within a
limited time,
48 An act to repeal an aa, entitled, an aa for the more speedy
determining disputes that have arisen or may hereafter
arise in the counties of Rowan, Mecklenberg, Ruther-
ford, Guilford, Lincoln, and Rockingham, respecting
erecting mill-dams, and to prevent persons from building
mills as herein described,
49 An act for levying a tax on the inhabitants of the county of
Martin, for the purpose of buildmg a house in saidcoun»
ty for the reception and employment of the poor thereof.
50 Anact to amend the several acts passed for the collection
and appropriation of monies for the suj^oit of sick sea-
men, as regards the town of Wilmington,
S2 An act to repe^ an aA, passed at Newbern in the year one
thousand seven hundred and ninety one, entitlf d, An
act to improve tlie navigation of the Nortliwest Branch
of Cape-Feir Rivet,
.53 An afl to extend a-n act for securing and preservmgthe titles
of the freeholders in the counties of Perquimans, Beau-
fort and New Hanover, to those of the counties of Hyde
and On slew.
J4 An act to emf^ower the Wardens of the poor in the c ounty
of Cabarrus, to receive a proportionable part of the
poor tax from the county of Mecklenburg.
55 An act for rebuilding the gaol, and erecting a pillory and
stocks in the cour>ty of Stokes, and to levy a -tax to dis-
charge the expence thereof.
56 An act to keep open Little River and Uhareein Montgomery
and Randolph courties for the passage offish up the same.
ST An act for the better regulation cf the town of Germantown,
in Stokes coiMtv, and to enlarge, the same.
5S An act to amend an act, entitled. An act for esablishing a
town ai ;he narrows of Pasquotank river, in the touniy
of Pasquotank, passed at Fayetteville, in the year of cur
Lord one thousand seven hundred and ninety-three.
59 An act for the regulation of the, city of Raleigh.
{60 An act to alter the time of holding courts in the county of
Randolph, and for laying a tax ia the said county toje-
pair the prison in said county.
61 An aft to empower Daniel Glisson, late Seriff of Puplin
county, to collect the arrearages of. taxes due him in
said county, for the years 1789, 1790, 1791 ai.d 1792.
fQ An aii to confirm tlie rights and privileges of a certain mu-
latto man, named Frank, formerly the property of Tho-
has Lytle, late of Randolph county ; and to confirm on
him the name of Frank Lytle.
S3 An act to empower the county court of New-ilanover to lay a
tax for the purpose of desti'oying the vermin herein men-
tiorjed , and for altering one of the places for holding the
ai nu;l eleflions in the county of New-Hanover; and to
amend an afl to encourage the destroying wolves, wild
cats, panthers and bears in the county of Carteret, pasged
in one thousand seven hundred and ninety-two.
64 An aft to amend an aft, entitled, An aft for the regulation of
the town of Newbem, and for other purposes therein
mentioned, passed a,t Halifax, in January, one thousand
seven hundred and seventy -nine.
66 All act to establish a feir at the Hurricane in Richmond coun-
ty.
^ An act to empower the -county courts of Orange, Burke, and
New-Hanover to employ some proper person to transcribe
the books in the Entry-taker's effice in said counties.
p8 An act directing the Sherift" of Beaufort to hold an election
for the purpose of electing Commissioners for the town
of Bath.
69 An act to appoint commissioners to crept a court-house, pri-
son and stocks in the county of Cabarrus ; and to repeal
': part of an act entitled, An actxo divide the, county of
( Mecklenberg.
yp An act appointing Commissioners to fixvpon a place in the
K- county of Montgomery for thecourt-housc, and to erect
public buildings thereon,
71 An act to empower the county <a)urt of Tyrrel to lay a tax on
the inhabitants of said county, for the purpose of build-
ing a gaol therein.
72 An act to authorise the Commissioners herein msntioned, to 1794. 69
purchase apiece of land in Wadesborough, for the fjublic
buildings ; and to remove the goal from the laud w hereon
it now star ds and place it on the same.
73 An act to amend thelaws now in force for the reg«la*ion of
the town of Salisbury, and to a.-peiid an act, entitled An
act for the better regulation of the town of Halifax.
74 An aft for the better regulating of the town cf Wilmington.
.75 An aft to fj^cilitate the navigation of Roanoak r.ver, from
Blquntsville in Martin county, to Ctdar Landing in Ber-
tie county.
76 An act to e.manc-'pate jAck, alias Jack Small, a person of
colour.
77 An aft to tstsblish and regulate a toll road through the Great-
Dismal Swamp, between the head of Perquimans and
Little River; and to grant to Jesse Perry an estate there-
in for the term of twenty-five years.
78 An aft to ebtablish fairs in the town of ilockford in the
county of Surry, at South- Washington in the ciiunty of
New-Hanover, and at the plantation cf James Campbt 1
.in Cumberland cour.ty, on Little river; and for altering
tlie times of holding the fairs at Huntsville, in the said
coiKity of Surry.
79 An aft for the better regulation of the town of Fayetteville.
80 An aft to enable Peter Mull, late Sheriif of Burke county,
to cclleft the arrears of taxes due to ht7n as Sheriff.
81 An 2.C\ to carry into efftft the petition ot John Naylor, by
granting him a divorce .from his wife Martha.
82 An aft tb appoint -commissirners to settle with the late She-
liffsof Lenoir and Glasgow, fnrthe monies by them col-
lefted for the purpose of building a court.house, prison
and stocks, arfd other purposes therein mentioned.
83 An aft to establish a warehouse for the inspeftion of hemp
in the town of Fayetteville.
84 An aft for the better regulation of the town of South-Wash-
ington.
85 An aft to remove disabilities from certain persons therein
mentioned,
86 An aft to regtjlate the taking of fish in seines in Blount's
creek, in Beaufort county.
87 An aft to appoint ccmrriissioners to contraft for and pur-
chase t,vo half acre lots in the town of Smithville and
county of Johnston ; and also to contraft for the rebuild-
ing of the court.house, prison and stocks thereon.
86 An aft to amend an aft, entitled An aft for building a court-
house in the town of Wilmington, fcr the distrift of WiU
mingtcn; and to empower the Justices of Kew Hanp-
ver county to er crease the county tax. «
89 An aft to alter the names of certain persons therein men-
tioned.
90 An aft for erecting a town on the lands of John Campbell
in Bertie county, on Clywan river.
91 An act to establish a third battalion, and two separate elec
tions, in the county of Rutherford.
93 An aft to emancipate a mulatto girl ramed Mary, the proper-
ty of Michael Beam, deceased, late of Rowan county.
94 An aft for extending the navigation of Peedee River from
the Scuth.Carolina line, up to the mouth of Uharee Ri-
ver.
95 An aft for establishing an academy in Mnrfreesbcrotigh,
in Hartford county ; and to incorporate the Fayetteville
Library Society, \
R
70 1795.
BIM— i— WW— ' W"! '"*
>inn1«»i ■iimi t »»irt»*— ■<»' » >iriinw«Bi»>*<w
RicHA.. D. At a GENERAL ASSEMBLY, begun and held at the City of Raleigh, onji
a'ateTor '"'' the Sccond Day of November, in the Year of our Lord One Thousand
Seven Hundred and Ninety-Eive, and in the Twentieth Year of American^
Independence : Being the First Session of the said Assembly.
yifi aa for ralftftz a revenue for the payment of the civil lijl and contingent charges of government for the yea
one thoufand [even hundred and ninetyftx ; and to amend an act, entitled, «« An aft to amend the revenue-
laws of this ftate," pajed in December, in the year one thoufand /even hmidred and ninety-one.
\The \ft,2dy5d,andlaJlfeBionstemporary:\ . ^ ,, v i- j 7-- r r'it. u r -. j
IV. Be it further enacid, That the two fold tax direfted by the fecond c aufe of the before recite*
aft to be colleaed,.fhall in cafes of non-payment be diftrain^d for, and fale made of the goods and
chattels, lands and tenements, of each and every perfon failing to return hfts of their taxable property^
whether fuch perfons have been warned by a Conftable to give in his or her lifts of taxables or not.
V. Be it further ena^ed. That in all caffes of failure of a Sheriff to- fettle Ins account withm the time b
law required, and to take the oaths prefcribed by the before recited ad, it fhall be the duty of the Comp-
troller and he is hereby direaed, to report immediately on the fame, allov^ing neither commiffions nor
infolve'nts, but adding to the account the fum of one hundred pounds,: as the^fuppofed amount of fuch
delinquent's receipts from tavern-keepers and perfons failing to giVe m their^hfts of taxable property.
VI Be it further ena^ed, That all entries of land heretofore made, or which (hall hereafter be made,
fhall be, and the fame are hereby declared to be liable to the payment of taxes, and (hall bereturned iij
he fame manner, and paid at the fame time as other taxable property • And if any entry of lands fhalU
be caveated, it fhall in ?hat cafe be the duty of the perfon who originally entered the land to return the
fame for taxation, iuch caveat to the contrary notwithftanding , and upon the caveat bang determined^
if the perfon who bath paid the taxes or returned the land for taxation, fhall lofe it, he fhall be authorife*
Jo recover the amount^aid, or which he is liable to pay, from the perfon m whofe favour the caveat wa»
decided.
Ah aa to amend an act, entitled, <' An zaiordmdmg the Hzte into dVftrifts for the purpofe ofeleaing
R^ref^ntatives to Congrefl,- ^#i .^ Ne-wbern in the year, ne thoujandfeven hundred and mnety-two.
ES:>" u „3^' ^Xr, o/to affemble armed men, on the day of any eledion, at any place appomted by law to hold
eSioTfor Members of Congrefs or Members of the General Affembly withm this fta e, under the pen-
Sty ^f^ve hundred pounds, to be recovered of any perfon oV perfons who may call fuch muf^er or aflem-
bk ffch arS men,'b thJname of the GovernoJ for the time being, and be applied one half to the ufc
of the informer, and the othes half to the ufe of the ftate. -
Ah aa to encourage the cutting of Canals hyfuhfcription. _ .
WHEREAS it has been deinonftrat^ by the experience of the moft improveTl and well cultivated
countries that opening communications by cutting canals, has been produaive of great wealth
and con^rr:' td L.A it has been reprefLted to this General ^1^.-^^^^ Aat cutting canal
through peninfalas o.r narrow necks of land, fwamps and marfhes,. from f"^^" "^^^^T^^J^^^'^'f^
found! into the fame, or from a river, creek, bay or found, into ^"^ °^h!.™7 "^^j';'^^^^^^^
would greatly facilitate and encourage merchandize, and ^onfequently contr^u e to the we^^^^^^^^^
nueofthis (lite, by opening a rfiore eafy,fafe and fhort conveyance f^'.^^^J"*!"^^"^^^^^^
the country, tofea port towns and fafe harbours ; and alfo be produaive of the moft faiutary ettetts, ^
irairrnoCs marft^es, (w.mps and low hnds, which will promote health, reclaim imn.enfe quanli.
CHAP. I,
Ante p. 6,
1796, I.
Double tax.
Comptroller's
duty where-
SherifFs iail to
settle.
Entries liable
to taxes.
By whom re.
turnable when
c;.v£ated,
CHAP. 2,
Ante p. 29.
kgal.
Penalty,
CHAP. S.
fies of our moft fertile lands, and in a partfcuTar manner tend to tlie weaft^ and \VeTfrire of tlils ftate, IT95. 71
wHich it is the moft ardent defire of this legiflature at all times to promote by every ufeful undertaking :• v-i-^v^k-J
I. BeitenactedbytheGenlraiAffembiyofiheJIateof North-Caroiinay attd it is hereby enacted by the aw „ _
thority cj the fame. That when an^ number of fubfcribers fhall or rrfay have agreed to cut a canal or c^nalsy a passage for a
and formed themfelvesinto a comp-any for that purpofe, and the direft and neceflary courfe of the fame canal tlirougiv
fliall pafs through the lands of any perfon ankriown, orphans, infants, or where the owner refufes to fell fo '^"dsrJper-
much land as may be neceflary for the paflage of faid canal or canals, and work incident thereto, that then mphan's, ^cT""
it fhall be lawful for the aforefaid fubfcribers, to exhibit a petition to the -court of the county wherein the
Jand lieth, fetting forth the refufal of the owner or claimant, and the quantity of land required for the
paflage of the faid canal or canals and works j whereupon the court fhall, if they deem it necelTary, pro-
ceed to appoint twelve freeholders, not attached to either party by confanguinity or affinity, who fhall go
on the premifes, to view, lay off, and value on oath, as much of the faid Ignd as will bs fmTicient for the
pafTage of the faid canal or canals and works, that is to fay, they fhall eflimate the value of a fed ion or
fmall ftripof land, of the length and breadth deemed necelTary for the pafTage of faid canal or canals and
works J and they fhall confider if any damage, and what, the general landed property of the, proprietors
ef the land may fuftain by cutting a canal or canals through it in the manner propofed 5 and the faid jury,
{hall determine what fum of money the owner or owners of the foil ought to receive from the company fo
formed for cutting faid canal or canals, which fhall be returned under their hands and feals ; and the com-
pany fhall pay down the valuation money in court for the lands folaid off and obtained, and procure a re-
cord to be made thereof ; which fhall be a good and effe£tual feifin in law, to create to the faid fubfcri--
bers the fole ufe and property in faid canals ; and the money when paid into court, fliall be received by
the Clerk and paid to the owner or owners, or to the guardian or guardians of the owners in cafe of in-
fancy. Provided, Thzt the fard owner or owners, guardian or guardians, fhall have ten days previous no- „ ,
tice in writing, of fuch application, and of the order of court, to the intent they may be prefent at fiicH ' '
furvey and valuation. Atiii provided alfo. That the paffageofthe aforefaid canal or canals fhall not inter-
fere with or take away houfes or other valuable improvements greatly to the injury of the proprietors ; and
that a good bridge or bridges be made over faid canal or canals, for the free ufe of the proprietor of tJie
l^nd and the public, at the expence of the company. And provided neverthelejs. That any perfon or per-*
fbns owning land through which any canal or canals may pafs> fhall not be prevented from draining, tlieir
land into fuch canals.
. II. And be it further eriaSled,^V\\zt when any of the aforefaid catiafs are cut, and fuch bridge or bridges Proceediir-^saf^
built, as the county court may think neceffary, the company fhall fubmit their accounts of the whole ex- ter canalsws
pence, to the infpecEtion of men to be appointed by the court of the county in which the faid canal or ca- '^"''
nals are cut ', who fhall make a report thereon, which fhall be recorded in faid court ; and the faid canal
or canals fhall be rented out annually, by order of faid court, at public vendue, and a toll fhall' be fixed
yearly, if required by faid court for every kind of boats and rafts \ rnd the rent as received annually, be
paid'to the fubfcribers, in proportion to their feveral fubfcriptions, until the feveral payments fhall amount
to the fum recorded in faid court or courts, with fix per cent, interefl thereon ; then the faid canal or
canals, with all the appurtenances thereupon belonging, fhall be free from all toll, for the good and ufe of
the public ; any law, ufage-or cuftom to the contrary notwithftandingr
, III. And he it further enaBed, That if any canal or canals fhall not be finifhed within feven years from Time for com-
the time of obtaining the order of the county court for faid purpofe, then fuch lands fo laid off, fhall revert pleating canals,
to the original owner or owners, their heirs or affigns ; any thing herein to the contrary notwithfland-
*"g'. , ....
IV. And be it further enabled. That when ahy fum or fums of money fhallbe fubfcribed for the cutting Company may
of a canal or canals, and the fame not regularly paid to the perfons appointed to receive the fame, the prosecute sub-
company are hereby authorifed to commence fuit or fuits for the fum or fums fo fubfcribed, • and recover ^'="'*''s»
the fame in any jurifdidtion having cognizance thereof.
V. And be it further enaEied, That the faid con:ipany may fue and-befuedj plead and be impleaded, un- May sue and be
der the denomination of the canal company. »ued&c.
An aB to amend the laws heretofore pafjed concerning court-houfes and prifons, and to provide for the fafe keeping ^^^^' ^'
and humane treatment of perfons in confinement.
E Tl^ iii"a^ed by the General Affembly of the flate of North-Carolina, and it is hereby enaBed by the autho- f^'^^ comty to
JL3 ^'X^"^ ^^^ Jfitney That there Ihall be kept and maintained in gpod and fufficient repair, in each houbtand^^'oH
Ti 1795. and pvery county inthisftate, a court-houfe and common goal, the whole er.pence of building whereof
C.'-vO when there fhall be occafion, as M-ell as repairing fuch as are already built, Ihall be defrayed by the coun-
Courts empow. ^^ wherein the fame are fituated : and the courts of the feveral counties refpeftively, are hereby invell-
ered to lay tax- ^^ with full power and authority, to l^y and colle£l taxes from year to year as long as may be neceflary,
^^' for the purpofe of building, repairing and furnifhing their feveral court-houfes and goals in fuch manner
1-9S> ft ^^ ^^^ ^ think proper; and from time to time to order and eftablifli fnch rules and regulations for the
17-41' {g prefervation of the court houfes, and for the government and management of the prifons as may be con-
1, ir84, 30. ducive to the intereft of the public, and the fecurity and comfort of the perfons confined.
Tre2.siirer to be ^^' ^^ it further enaSled by the authority aforefaid. That the feveral county courts fhall appoint, as foon
appointed. after the palfing of this aft as may be convenient, a fuitable perfon refiding within the county, to a£l as
Treafurer of the public buildings ; whofe duty it fhall be (after having given bond and fatisfaftory fecu-
His duty, &c. rity in the name of the Chairman of the court, in fuch fum as may be required, for the faithful difcharge
of the truft repofed in him) to fuperintend the public buildings, and from time to time report the flate
and condition thereof j to recommend alterations, repairs or improvements, together with the fums re-
quifite for carrying fuch alterations repairs or improvements into effect ; to call to account and
fettle with all former Commifhoners who may have received county or diftridl monies for fuch purpo-
fes ; to hear the complaints of perfons confined refpefting their diet and treatment ; to examine into the
conduft and charadler of the Jailer, and make information thereof to the court or grand jury of the coun-
ty or diftricl:, as circumrtances may require ; to apply for and obtain from the Clerk, all papers and do-
cuments properly attefted, which may be nccefTary for the colleflrion of the taxes laid* by the court; to
fee that the fame be collefted, accounted for and applied according to the intentions and provifions of
Tenure of his this a£l. And the Treafurer fo appointed and q.'.aliiued, fhall hold his office during good behaviour ; and
oiTi^e, as a compenfaiion for all his fervices, fhall be entitled to retain a fum npt exceeding five per centum of
Compensation, the monies which may pafs through his hands.
Coilecforstobe H'. Be it further etiaEled by the authority aforefaid. That when it fhall be necefTary to lay taxes in any
appointed. county in this flate for the purpofes aforefaid. It fhall be the duty of the court, upon the nomination of
the Treasurer of the public buildings, to appoint one or more Colleftors to colleft the taxes of that year;
T ) give securi- ^^'^-'^i Coiledors, having entered into bond with fureties fatisfadlory to the Treafurer and the court, for
tv. the faithful col!e£lion and accounting for the fame, fhall be invefted with the fame powers, fubjeft to
Their powers, the fame penalties and reftri£l:ions, and entitled to the fame compenfation that Sheriffs are authorifed by
lav/ to receive for coUefting and accounting for the public taxes. And in cafe any Coliedtor appointed
How prosecu- in purfunnce of this aft, fhall fail, negleft or refufe to account for the monies wherewith he may be charge-
'ue °'.''*'"'' "^^^ when thereto required. It fhall be lawful for the court, on motion of the Treafurer, to give judg-
■'' ment againfl fuch delinquent Collector and his fecurlties, for the amount remaining dJfe and unpaid, with
cofts ; and thereupon to grant execution and levy the fame accordingly.
Commissioners IV. Be 't further enaSied by the authority aforefaid, That when the rreafurer of the public buildings of
to be appjinted. any county, fliall in his report to the court of fuch county, recommend alterations, repairs or improve-
ments to the court-houfe or goal, and the court being fatisfied of the utility thereof, it fhall be lawful
'^^^"'^"'^y for fuch court, after having prevloufly eftimated the expence, to appouit one or more commlfTioners, in
iurcr ^ '^"' conjunftion whh their Treafurer, to contraft for carrying the fame Into effeft, but fuch contraft being
concluded, the powers of the Commiirioners fhall ceafe; and the monies payable thereon fliall be advanced
from time to time by the Treafurer, who is hereby declared to be folely refponfible and accountable to
Treasurer's di> the court, as well for the fufficiency of the work as the difburfements of the money. And the Treafurer
his accounts ^^^^ ^'- ^'^^^ once In every year, and oftener if thereto required by the court, exhibit a fair account of his
&c. ' receipts and expenditures, fetting forth the monies received, and at what time ; the funis expended, to
whom, for what ufe, and at what time: A complete tranfcript of which account fliall be pnfled up in the
Pen.forneg- court-houfe for public infpeftion ; and if the Treafurer fhall fail, refufe or negleft to exhibit the fame,
he Ihall be liable to be fued upon his bond, and alfo to fuch fine. In addition thereto, as the court may
think proper to Impofe, not exceeding fifty pounds. Provided neverthelefsy In the appointments of the
Treafurer and Commlflioners directed by this aft, there fliail be prefent a majority of theafting Juflices
in the counties refpeftively. ' . ,1
In 3 years dii- V. Be it further enacted by the authority aforefaid, That after the expiration of three years from the paf-
iVrcvided wiUi^ ^'"S ^^ ^^Is aft, there fhall be provided withm each of the diftrlft goals of this flate, at leafl four comfort-
lour apart- aWe and fecurc apartments ; which fhall be defignated, by infcriptlons over tlic door of each, to the fol-
m'ei.is. lowing purport. Criminals' Room, Debtors' Room, Female Prisoners' Room, Negroes' Room : And
'ihtir designa- all white male perfons charged with offences againfl the ft^te fhall be conimittedto the firft, white male
debtors to the fecond, white female prifoners of every defcriptlon to the third, and negroes of every def- 1795. 73
cription to the fourth. And when theTreafurer ot the public buiWings fhall have reported to the couit ^•-y'O
of the diftri£l and.county wherein tlie gaol is. fituated, that the feveral apartmeiits aforefaid are adequate Pnsomrs con-
to the fecure confinement of fuch perfons, as may be committed thereto, it fliall be the duty of the Jailer ^^'^"^ '" *^*''
tp confine thofe committed -to his cuftody, in the apartments provided .and defignated for perfons of the menw. ^^'" '
<kfcription of which the prifoner may be ; and in cafe a Jailer fliall wantonly or unneceilarily confine p^„alty
prifoners .committed to his keeping, otherwife than by this acl is directed, it (i; all be. a mifdemeanor In
office and upon convi£tion he fliall be fined at the difcrefionof the court trying the fame.
yi. 'Beit further enacfid, That tlie gaols of .the.fevetal oouoiies in thi^ {l,rto fliall be provided with at County iraois to
leaft three feparate comfortable apartments ; one for the confinement of debtors, one for the confine- have three
ment of criminals, and one other for the confinement of negroes. -apartments.
VII. Beit furtfierena&dd by the authority afore/aid i That. for the purpofe of enlarging. and improving the <,q„,
feveral gaols in thisftate, there be appropriated, in.aid, ofthe funis to be raifed by the counties wherein each foilnvy f^
the fame are fituated, the fum of two hundred pounds, to be paid to the Treafurer of the public buildinga improving their
for each county in this ftate upon their refpe£l'ive applications to the Public Treafurer, and upon making '^^'•^'^- ^^
.it.appear to his fatisfaclion tliat they have feverally entered into bojid purfuant to.theprovifious of this.adl,
and that they are properly qualified to receive the fame.
VIII. Be it further enabled by the authority aforefaid^ That all prifooers committed to i.' y gaol in this Rate Pf'vi'eg^s al-
rlhall be permitted to purchafe and fend-for fuch neceflaries, in addition to the diet furniflied by the Jailer, ' '^^''^ t'^'^
^ they, may think proper ; and to provide their own bedding, linen , and cloathing, without: their being
obliged to pay any perquifite tojhe .Jailer for fuch indulgence : And if the keeper of a public gaol fhall Penalty o t •
do or caufe to be done any wrong or injury to the prifoners. committed to his cuftody contrary to the in- ler injuring
tentions of this a£l:, he ftiall not only pay treble damages to the perfon injured, but iuch fine, not exceed- prisoners,
ing twenty pounds for each offence, in addition thereto, as the court of, the county where the. prifoner is
confined, fhall think fit to impofe.
IX. Be it jurther enacied by the authority afcrefaidy That all and every perfon or perfons who fhall be Criminal to pay
hereafter committed to a public gv,ol by lawful authority, for any criminal offence or mifdemeanor againft ['jlef^^'PJ^"'^^* °^
this itate, (hall bear all reafonable. eharpes for carrying and guarding them to the faid gaol, and alfo for &c. ^^°^^'
their fupport. therein until lawfully releafed : And all the efliate which fuch perfons pofTefTed at the time
of .committing the ofl'ence, fhall be fubjedt to the payment ofthe aforefaid chargres, and other prifon fees,
in preference to all other debts or demands : And in cafe there be no vifible eftate whereon to levy fuch If irsoKent, to
fees and charges, the amount fhall be paid out of the ftate treafury, upon thebeft evidence which the na- ^^^^^^^^^^
ture of the cafe will admit of, and according to fuch-uniform rules asihall be eftablifhed by the Treafu- &c, '
rer and Comptroller for that purpofe.
X. Bi it further enacted.by the authority aforefaid. That wherever the Sheriff of the county wherein any Duty of Sheriff
diftria: gaol is fituated, or the perfon keeping fuch gaol, fliall be apprehenfive that there is danger of the p^^-,^''j]!|'g^"/Pf
prifoners efcaping, either through the infufficiency ofthe gaol or other caufe, it fhall be his duty, with- escapes.
out delay to make information thereof to a Judge of the .Superior Court, the Attorney General or SoHci-
tor-General, if either of thofe oflScers be in the county, and if not in the county, to three Juftices of Guard ordered \
the Peace ; who are hereby authorifed, upon confideration of the circumftances and information re- if necessary.
ceived, if they deem it adyifeable, to furnifh the faid Sheriff or keeper of the gaol, with an order in wri.
ting, addreffed to the commanding officer of the county, fetting forth the danger, and requiring him
forthwith to furnifh fuch guard as may appear to be fuitable for the occafion : For which fervice the Thejr compeni
perfons ordered out fhall receive the fame compenfation that is or may hereafter be provided by law for ^^'^°"4?j.'*'
the militia when called into the a«5>ual fervice for the defence of the ftate ; and on application at the igoc'ae.
treafury for the fame, the letter to th« commanding ofFcer on which the guard was ordered out, the cer-
tificate of fuch commanding ofFcer, rounterfigned by the Sheriff or Jailer, together with the depoftion
of the officer of the guard, fetting forth the time of fervice, and that it was faithfully performed, fhall be
fuffic^ent to authorife the Treafurer to pay the fgme: for which he fhall be allowed in the fettlement of
his accounts,
[XT. repealed, 1800, 19,.] * . . , .
"Whereas it frequently happens that perfons are cotrmitted to gaol charged.with crimes againft the ftate,
who prove infolvent, by which means the keeper of the gaol has no other way to procure payment for theijt
prifon fees than by -applying to the General Aflembly, and for want of fuiEcient vouchers to fupport fuch
S
74- 179.5.
Vouchers to
obtain the gaol
fees of insol-
vents.
Oflfenders may
be committed
to the dis-
trici gaol, when
there is no coun-
ty gaol, &c.
Rep ;aling
clause.
CHAP. 5,
Mode of prc-
cecUina;.
Form of a
TR'ai-.ant,
Court by wUonrr
wlicn and
where hell,
Excepiioiu.
claim, they often fail having fuch juftice done neiti- as txie nature of their clarnis iiiay require : For re^
^^^\t bTh 'enaBed by the authority aforefald, that from and after the pafTmg ofthTs aft, it (hall be 'the
duty of all public Jailers that may in future lay their claims before the General AfTembly of this ftate, to
procure the following vouchers, viz. The Qerk of the court's certificate how the criramaV was duchar-
ged or conviaed, and a!fo a certificate from the Sheriff whether or not the cnmmal was pofTeifed ot any
vifible property, and how he, Ihe or they were difpofed of, obferving, the 'direaions of the law m fuch
cafe made and provided. _ , . , i , i j i. .i ..-u
And whereas gaols are fometimes deftroyed by fire or otherwifei and it has been doubted whether the
county courts or Juftices have a right to commit perfons guilty of fmall offences or mifdemeanors, to the
diftria gaol : , . . . , . -^ n. n i.
XIII. iff it enaBed bythe authority aforefaH, That when there iS HO gaol in any county, it (hall be as
lawful for a Juftice of the Peace or county court to commit the offender to the diftna gaol, as it would
be for him or them to commit fuch offender to the county gaol; and thediftrid Jailer is hereby required
to pay due refpea to the commitment. n t.- t. • i.-
XIV. Be ie further enaaedby the authority aforefaid. That all laws and parts of laS«rs which Come withm
the purview and meaning of this aa,. be and the fame are hereby repealed and made void.
An to direct the manner of proceeding upon Impeachments.
I. -Vrt'Lit enacted by the General AJfemUy of thejlate of North-Carolinay and it is hereby enacted Jy the aw
O t^ority of the fames That when any article or articles containing criminal or impeachable matter,
flnUbe exhibited to the General AfTembly againd a public officer, a notice, figned by the Speakers of
both houfes, Ihall iflue to the perfon accufed, requiring him to appear within fifteen days, at the place
where the le^iflature may be in feffion ; and on his fo appearing, it fliall be the duty of the Clerk of the
houfewhereiuthearticlesofimpeachment were firfl introduced, to furmfh him, upon application, an
attefted copy of the articles exhibited, tdgetlier with copies of all docitmenCs, depofitions or papers m
the poff-flion of the houfe, which the perfoti accufed may deefm riecefTary to his defence or exculpation ;
and he ihall alfo be allowed to make, in a ivriting addrefled to the General Aflembly, fuch anfwer to the
articles exhibited, and fuch vindication of his oificialcondua, as he may think pertinent or material:
Whereupon it fhall be lawful to proceed in the conlidei-atibn of ihe-arficles, and if it fhall appear to a
maiority of both houfes, that the perfon charged hath been guilty of criminal or impeachable condua,
he fhall thenceforth ftand fuCpeaded from the exercifeof his official duties, and fhall immediately enter
into bond, payable to the perfon w;io (hall be in the exercif« 6f the executive branch of the government,
in fuch fum, and with fuch fureties, as the legiilatur^ at the time may think proper to prefcribe, due re-
gard being had to the nature of the offence, and circumftances of the offender, for the purpofe of enforc-
fi2 his appearance at the court before which he is to be tried, as hereinafter mentioned; or he may be
rommitted to prifon until he fhall find fufficient ball, or ftand committed without bail, as the two houfes
in their difcretion may dire:l : But in cafe lihe perfon acc&fed fhall fail, or refufe to appear upon the no-
tice, and within the time aforefaid, before the Genfer.il Affembly, it fhall be lawful to proceed to the con-
iideration of the articles, and if admitted by a majority of each hotffe, thfe Speakers fhall without delay
ifTue- a warrant to apprehend 'him ;■ which warrant fliallbe in the following fornr, to ivtty io.the bherilt
of the county of and to all and fingular the Sheriffs, Coroners, and-other judicialand mi-
niftorial oiTicers of this ftate : Whereis articles of impeachi^wrft hivebefin exhibited and admitted in the
prelent General Aflemblv, againit' for certain high crimes and mifdemeanors againft the
ftate ; and wlTsreas the fiid Wh failed updn notice given to^^ppetir and abid.^ the or-
der of the General AfTembly ; Ydu the faid Sherifr of the county Of and all and fingular the
Sherilts, Coroners, and other judicial and miriiflerial officers df each atid tfvery cotinty withm this ftate,
aretherefore commanded to take the body of the 'faid If to be found withm your refpeaive
counties, andbrlnghim before the court of for the diflnatff on the
day of to be dealt with according to law ; and for your or either of your lo doing,
this fhall be a fufficient warrant. Given under our hands and feals, &c.
II. Be it further eriamd'by the authority dfoi-f did. That the C6u#t for the trial of impeachraerits, fhall
beheld bythe Judges bf the f Uperidr cdUrts of law for theti.he being, tit the court h^ufe oi the dUtiitt
Wtierein the offence is dharged to have bc^n. commtt6d, at the tertns f?xed by law for the'fefCons o^ fuca
court, except when any of the Judges of the courW of law or equity, the Attoriiey-General,. or bolicitor-
Generh'J, ftit'.y bel'Ke J»erf6nimpe3chbd ; m which cafe the legiflaieufe fiiatl eh£\: by joint ballot of betK 1795. 75
houfes, af leJift three peffcms', properly qualified, who ftall belliled J\idge8 of the court of impeach- i»,<.«v-N;ji
ttients, to be commiffioned by the Governor for that fpecial occafion, and whofe power and duty (hail
continue until final judgment of conviftion or acquittal of the perfon or perfons impeached according to
the verdift of a jury oi good and lawful men as in other criminal profecutions, fliali have been pronounc-
j ed or carried into effeft, and no longer.
TIL- 'Be it further etiacted by the authotity aforefaidy That whenever atl impreachment is admitted^ it fhall Speakers to"^
be the duty of the Speakers of the two houfes to tranfmit copies 6f the articles admitted, together with forward papers
every paper or document which may be deemed by the two houfes or the perfon impeached, material in ^° '"^ Clerk,
the cafe, t<5 thfe Clerk of the cotirt of the di(tri£t wherein the caufe is directed to be tried : who {hall re- serve thew.
deive aiid preferve the fame as records in his office : and if the offender be not apprehended, it fhall be'
the duty of fuch Clerk, to ifllie the fame procefs and to ufe the fame means, to enforce his perfonal ap- clerk's dnty "in
pearance before the faid cdiurt, as would have been legal and requifite, if the profecution had been found- enforcing ap^
^d on the prefentment or indiftment of a grand jury : And if the perfon impeached fhall have efeaped pearance-
from the (tate before his arreft, or being arrefted, fhall break cuftody and take refuge in another ftate, it Governor's d-J-
fhall be the duty of the perfon exercifing the duties of Governor for the time being, to take and ufe all t' in ease of
lawful and reafonable means, to eaufe the faid offender to be reclaimed, fo that the intentions of this a£ty escapes, &c,
and the purpofes of J uitice, may not be evaded.
V IV. Be it further enacted by the authority aforefaidy That it fhall and may be lawfill, in every cafe where' Manager*
an impeachment is admitted agarnfl any officer whatever, for the General AfTembly admitting fuch im-
peachment, to appoint by joint ballot of both houfes, fuch number of managers on the part of the flate,
to aifift the Attorney- General and Solicitor-General, as may appear to be necefTary j and the faid mana-
gers Ihall not only be entitled to adequate compenfation for their own fervices, but when the Attorney-* w .
General or So' ici tor-General may be the perfon impeachedy they fhall be and are hereby authorized to- em- &c. '° '
ploy counfel for and at the expence of the ftate.
V. Be it further enacted by the authority aforefaidy That when a Judge of any of the courts of law or e- When a Judg'e
quity, or the Attorney General or Solicitor- General fhall be impeached, and the General AfTembly fhall or the Aitoniey
Appoint Judges of t! e court of impeachment as aforefaid, it fliall be lawful for them, and they are here- ^e^aij .'^•'°J ^^'
by authorized to require the Clerk of the fuperior court of law for the diflri£l: in which the offender is to peached, the
be tried, to attend at the time and place which fhall have been prefcribed by the General Affembly for the Clerk of the s««
trial of fuch impeachment : And it fhall be the duty of tne faid Clerk to attend from day to day, and a£t P,^*"!?^ ?°"^^
as Clerk of the court of impeachment ; for which he fhall be entitled to the fame tees that are lawful in u^ f ' &.'
other criminal piTofecution?, to be taxed by the court, and levied by execution in the ufual manner, upon *
the property of the perfon impeached j and alfo fuch further fum for extra fervices, to be paid by the pub-
lic, as the court may think reafonable. And the Judges of the court of impeachment refpeflively, fhall F^es to the
be entitled to receive in full compenfation for all fervices rendered by them, the fum of five pounds per Judges,
day during the time they maybe obliged to remain at the place appointed for trial, together with the fum
of tvi^enty-five fliillings for every thirty miles travelling to and from the faid place \ which fums fhall be
paid by the Treafurer upon the warrant of the Governor as in other cafes.
VI. Ee it further enacted by the authority aforefaidy That it fhall be lawful for the Judges of the court of Their power iff
impeachment, and they are hereby authorized to require the attaidance of the Sheriff of the county "^'^'""gti'e
wherein the court may be holden, and fUch number of Conftables as may appear to them to be iieceffary, Sherifls, and
during the courfe of the trial ; and previous to the meeting of the faid court, *he Judges are alfo hereby Jurors,
authorized and required to- ifTue writs, or caufe them to be iffuedby the Clerk, to the Sheriff of the feve-
ral counties compofing the diftri£l in which the offender is to be tried, dire<^ing them to convene a ma-
jority of the afting Juiiices of the Peace of their refpedlive counties on a day or days to be appointed by
the Judges, for the purpofe of making out lifts of jurors, whofe qualifications and charadlers fhall be a-
bove all exceptions, and whole numbers fhall be the fame that are ufually returned to the fuperior court
of law from each of the counties refpedively. And upon the faid Juftices making out and delivering tb>
the Sheriffs within each county a liil of juror>as aforefaid, it fhall be the duty of the feveral Sfteriffs forth-
with to fummon them to appear at the time and place appointed for the trial of the impeachment j for
which fervice they fhall obtain certificates from the Clerk, to be paid in the fame manner that other ju-
rors are paid for attendance : they fhall take the fame oaths that are ufually admitted in criminal profecu-
tions, and for non-attendance, negligence, or mifbehavidur,. be fubj«£t to the fame penalties and forfes*
tures,-
1-6 1193.
Process wIjctc
le'.urii. bU. 6,.c
Clerk's dutf .
Salary of per-
sors impeach-
ed withheld,
&:c.
CHAP. 6.
1,1784,22.
Females to in-
herit with
males.
CHAP. 7.
Proceeding ob-
served iiidrai.i-
ing lands, &c.
Jurors ,
Their ^uty.&c.
Return.
Compensation.
Provisoess
VII. 3e it further enaBed by the authority aforefaid, That all procefs refpeftlng an impeachment, fiiaH
be returnable to the court in which fuch impeachment is to be tried ; and when offences are charged to
have been committed in morediftri£ls than one, it fhail be lawful for the General Afiembly to direiH: in
which of the faid ditlricis the trial fhail be had ; and all neceffary procefs previous or fubfequent to the
^ial, {haJl iilae and be returned accordingly. And it fhail be the duty of the Clerk -of ,the fuperior court
of law, wherein any trial of impeachment is direcled or had, to prefervethe proceedings of the court of
impeachment in his office, as records which may be reforted to as fuch, and Ihall forever after be entitled
to ^11 the credit and authenticity, which are by law ufually given to the attefted proceedings of agy other
court of original jurifdi£tion in this ftate.
VII. Be it further enaBed by the authority aforefaid, That from the time of the admiffionof the impeach-
ment by the General Aflembly, the falary of the perfon impeached fhail be withheld, until the final refult
of the trial be made known to the Treafurer ; whereupon if he be acquitted, the falary fhail be paid with-
out deduction, in the fame manner as if no fuch fufpenfion had taken place-; but in cafe the perfon im-
peached be convifted, all arrears of falary fhail not only be confidered as forfeited, but the offender fhail
be removed from office, and fhail be thereby, and thenceforward, rendered incapable in law, to hold or
accept any office of profit or truft under the authority of this ftate, for fuch number of years as the court
trying the impeachment fhail think proper to adjudge, and moreover be further liable to fulfer fuch other
pains and penalties, as the judgment of the court itiall inflict.
An act to amend an act pajjed at Hill/borough, in the year of our Lord one thoufand /even hundred and eighty-four y '
entitledy *' An aft to regulate the defcent of real eftates, to do away entails, to make provifion for wi-
dows, and to prevent frauds in the execution of laft wills and teftaments."
WHEREAS by the before recited aft, the inheritance of landj, and other real eftate in fee finiple,
defcends to the males, in exclufion of the females, contrary to the policy of our government:
I. Be it enacted by the General AJfembly of the fate of North-Carolina^ and it is hereby enacted by the authorlm
ty of the fame. That from and after the pafling of this aft, ^11 females fliall be entitled to take by defceiitj
equally with the males, fhare and fliare alike, according to the rules oi defcent upon males in the before
recited aft ; any law, ufage or cuftom to the contrary notwithftanding.
An aB encouraging the draining of low lands,
I. TJ E it enaBed by the General AJfembly cf the fate of, North-Caro'ina, and it is hereby enaBed by
Jji the authority of the fame, That from and after the paffing of this aft, any perfon or perfons
owning pocofon or fiat lands within this ftate, and .being defirous to drain the fame, but is prevented by
the proprietor or proprietors of land adjoining him. or them, it fhail and may be lawful for fuch perlon or
perfons, who are defirous to drain their faid pocofon or flat lands, to prefer a petition to the court of the
county wherein the faid lands are fituated, fetting forth the particular circumflances-of his or her cafe,
fituation of their lands, and to what ft:ream or water-courfe he or flie would wifh to drain the f^ime :
Whereupon the court fhail appoint twelve freeholders in the faid county, not attached to either patty by •
cenfanguirity or affinity, who fliall go upon the premifes, ^nd examine the ground fo petitioned to be
drained, and that through which faid canal or ditch fhail pafs, as alfo whether fuch cinal or ditch (hall
appear neceffary j and further, they fhail direft the ditch lo be cut in fuch manner and extent, as in
their opinion will effeftuallyfecure the lands through which it pafles, as woll as that w];eve it terminates,
from inundation j andthe jury aforefaid, fhail upon oath value and aHl-ss what damage the proprietor or
proprietors of the land where fuch drain is to be cut fhail fuftain; ar.l where the fame (hall appear necef-
fary, the damages fhail be paid before the petitioner or petitioners proceed to cut a <litch or ditches
through or into fuch proprietor or proprietors' lands ; and when the petitioner or petitioners aforefaid,
Ihall have fopaid to lie proprietor or proprietors of fuch lands as aforefaid, the damages or injury the jury
mightjudgeheor they fuftained, he or they, their heirs or affigns, fo paying, Ihall thereafter be vefled
with a good and fuflicient title in fee for the lands fo petitioned for.
II. And b( it further enaBed, That in all cafes where a jury is appointed for the purpofes aforefaid, it
(hall be their duty to make a fair return of the whole of their proceedings to the next fucceeding county
court, which (liall be recorded in the faid courts refpeftively ; and each of the jury appointed as afore-
faid, (hall be entitled to the fum of eight (liillings for each day that they may neceflarily be employed in
Jaying off faid ground ; whiA fums fhall be paid to each juryman by the petitioner or petitioners. Pro. 1 <95.
Jded neverihelefs, that nothing in this aft fliall be conilrued fo as to affeft any perfon or perfons' cleared L^v-O
land or houfes, unlefs by and wjth the ccnfent of the proprietor or proprietors of faid land. And providid Provisoes.
alfo^ That no fuch drain or ditch {hall be cut fo as to injure any pond or ponds belonging to any mill or
mills which now are or hereafter may be eftabliflied. by law, or to prevent the proprietor or propraetors
Ithrough whofe lane's the faid ditch or canal may pafs, from putting x fence or bridge acrofs the fame, pro-,
[Tided fuch fence' or bridge (hall not obftrua^he free pafl;ige of the water down faid canal or ditch.
An aB granting further time for proving and rcgifteriiig bills offak and deedj, of gift
ii
I. TIE
manner required by law, fhall have a further time of twelve monttis allowed tor probate ana legutration; ^^^g\f ,^:^^^^
and {hall when thus authenticated and perpetuated, be held and deemed as valid, to all intents ^ind pur- j^^.^ ^^^
pofes, as if they had been proved and regiftered within the time required by an a£i pafied at Fayetteviile, 17S9' 59.
in the year one thoufand feven hundred ajid eighty-nine ; any hw, ufage or cuftom to the eontrary not- ^^^^^^'-^l^-
withftanding. 1802. 21-
1803, 21-
-AnoBgivingfurthertime for the regiflration of certain deeds iffued from Lord Granville s office. , chap. 9.
it enaEtcdhj the General AJfembly of the fate of North-Carolina, and it is hereby enaBed by the au- Time forregis-
_ ^ thority of the fame, That all deeds iflucd from the office of the late Earl of Granville, and not al- j^'j^^ certain
ready TegHlered, may have a further time of two years allowed for regiflration ; and the proof neceffary ^
tliereto Ihall be parity of hands ; -provided, the perfon fo offering tlie faid grant to probate, fhall firft !°!'"'"'
make oath that better proof of the -execution of the faid grant or grants cannot be by him procured ; pro- ^sooi U.
vided alfo, that the lands lield under fuch deeds {hall have been adlually occupied by the original grantee,
Of fome perfon under hiui, for the fpacQ of feven years, and taxes paid thereon for the faid time. And
"all deeds under the defcription and condition aforefaid, proved and regiflered, fhall be good and valid in
lavi', and ihall enure and tale effe£t as fully and effe£lually, to the ufe and behoof of the grantees, their
heirs and affigns, and thofe claiming under them, as if fuch deeds had been proved and regiftered agree-
able to the directions ot any aft of Affembiy lieretofore made,
CHAP. 10.
An act to amend an net, entitled, *<An a£t to prevent the inhabitants'of South-Carolina driving their flocks
of cnttle from thence to range and feed in this province, and other purpofes," paffed in the year one thou-
■■ ' fand feven hundred and fxtvfix. \729, 5 '
WHEREAS the above mentioned aft permits any perfon to drive cettle into this ftate, or through 1766, 14!
anv part thereof, provided fucli perfon fliall , produce when called for a certificate fpecifying
that fuch cattle were free from diftemper or infeftion, and that no diflemper or infe£lion -was known to
be among cattle at the time of removal or purchafe of faid cattle, within five miles of the place whence
they came ; and it is found by experience that fuch certificate is infufhclent : For remedy whereof,
I. Be it enacted by the General Assembly of the flate of North-Carolina, and it is hereby enacted by the g^^J j, jving
authority of the fame, That no perfon whatever ffiall hereafter drive any cattle into this ftate between the firft cattle to S.
day of April and the firft day ofNovember in every year, from either of the ftates of South-Carolina or Carolina or
Georgia, under the penalty of forty fliillings for each and every head of cattle brought into this ftate con- j.g^°j^||*g^^g^jj^
trary to the meaning of this a<n-, to be recovered by any jurifdicS^ion having cognizance thereof, by any
perfon fuing for the fame, one half to his own ufe, and the other half to ufe of the ftate. ^ ^
II. Be it further enacted. That no perfon fhall hereafter drive any cattle from thofe parts of this ftate ^^in paTts^of'
where the foil is fandy, and the natural protludfions or growth of timber is the long-leafed pine, into or the state into
through any of the high land parts of the ftate, where the foil or growth of timber is of a different kind, '"^^l^'Shl^^iid'
between the firft day of April and the firft day of November in every year, under the penalty of forty ftiil-
lings for each and every head of cattle fo driven, to be recovered and applied as before mentioned ; nor fl^all °^ ^^^ contra-
any perfon hereafter within the faid time drive any cattle from the highland parts of this ftate, into '^^*
thole parts where the long-leafed pine is the natural growth and produdion, under the hke penalties,
t<? be recovered and applied as aforefaid.
III. And be it further enaBed, That no perfsn or perfons fhall hereafter drive any cattle from any part fa'tirto'hL^'ef
of this ftate through any other part thereof, without firft obtaining or carrybg with him or them a certifi- ceitificate-
T
78 I79.>. cate or certificates, under the hands and feals of two Juftices of the Peace oFthe county where fuch cat--
v^in^^Nj- tie were feverally and refpe£tively purchafed or collefted froni range, accompanied with an affidavit or
affidavits of the owner or owne^s^ of faid cattle, fetting forth the place or places where faid cattle were
purchafedj or had ranged as aforefaid, and defcribing therein the nature of the foil and growth of the
Justice not to timber on fuch place or places,, and also that faid cattle were at the time of purchafe or removal found
give certificate and free from any infectious diftemper. And if any Juftice (hall grant fuch certificate, without an affi--
without affida- davit of the owner or. ownerS'-as- aforefaid,,. itfliall be deemed a, mifdemeanor in office.
yit
CHAP. 1 1 . ^n aB to alter the time of the annual' meeting of the General AJfemUy.
Time of meet- ^'' T5^ 'a enacted hy the General AJfembly ofthejiate of 'Nvrth-Carolma^ and it is hereby enacted by the authort-
ing in future. J|3 '^ ^f^^^y^wf," That the meeting, of the next General AfTembly of this ftate fhall be on the third'
Monday of November, in the year one thoufand feven hundred and ninety-fix, and on the third Monday
Ante p, S5. "f November in each and every year, thereafter ; any thing to the contrary notwithftanding.
1"90, 19.
2^777 I?' ■^'^ aB to amend the third fefhon of an aSl, entitled y "An aft for levying a tax for defraying the contingen-f.
l| 1784' to ^'^® ^^ '■^^ feveral counties in this ftate, and other purpofes," pajfed in the year one thou/and feven hun-i
dred and/eventy-feven.
County Trus- ^' Til ^ it enaEled by the General AJfembly of thejlate of North-Carolina and it is hereby tnaEledby theau-
tee tocoDea J3 charity of the famcy That in additioH to the duties therein prefcribed for the County Truftee in the f
tho^^h "^ faid third feiflion, it (hall, from and after the paffing of this a£t, be the duty of the Truftee in each coun- '
strays. *' 'Y within this ftate, and they are hereby required, to collect from thofe who have or may enter ftrayt
in their counties refpeftively, all fuais that are or may be due for any ftray or ftrays entered, under the
„. . fame rules as they are to colIe£t any other monies to them to be paid ; and on all fuch collections they
ons.'To"^e^ fliall be entitled to retain fix per centum. And if any perfon who has or may enter ftrays fliall fail to ■
iiiose who fail account for the monies aforefaid, it fhall be the duty of the County Truftee to commence fuit for the
to account. fame.
"^o call on II. Jnd be it further enaBedy That the County Truftees refpeftively fliall annually call on the Sheriffs
settlement/* °^ their countieS; for the payment of all monies that may be in their hands due to the Truftees ; and if '
any Sheriff fhall fail to account for and pay the fame, when the colle£lions (hall be made in due time,,
Pen. on She- fuch Sheriff ftiall forfeit and pay the fum of fifty pounds, exclufive of his arrearages, to be recovered
I'ffs failing to by information of faid Truftee in open court, and execution thereon awarded agreeable to law. And ifl
P^^'" any County Truftee fhall fail or negleft to conriply with any of the duties prefcribed in this a£l, he fhall -'
not only be liable for fuch monies- as he may then or thereafter have in his pofTeffion, but fhall be fub-
je£)-ed to 2 penalty of fifty pounds, to be recovered by fuit in any court of record, one half to the ufa of j
the informer, the other half to the ufe of the county, and fhall not be eligible to a re--ele<Stion in faid of- '
Fenaltjr, fice until he complies herewith,
CHAP. IS. An act to amend anacty entitled^ " An a£l for appointing ao additibnal Judge of the fuperior court of the ■
irss, 32. ' diftri£l; of Morgan, and for the relief of perfons who have or may hereafter forfeit their recognizances
in the fuperior and county courts," pajfed at Fayetteville^ in the year one thoufand feven hundred and eighty-
! eight.
WHEREAS the above recited -aft gives power to the Judges of the fuperior courts to mitigate or ab-
folutely remit forfeited recognizances ; but faid aft does not point out in what manner the mo-
Q . . ney is to be repaid to the perfon, after execution is levied and the money collefted : For remedy wheieof.
a foSdTe. I- S^ ii enaBMby the General Afembly of the Jf ate of North-Carolina, and it is hereby enaBed by the authori-
cognizance. ty of the fame. That it fliall be the duty of the Clerks of the feveral fuperior courts in this ftate, on the re-
Clerk to refund miffion of any forfeited recognizance, on which execution hath been awarded, and the money collefted
t e money. ^^^ returned by the Sheriff to the Clerk's offce, to refund and pay back to the perfon out of whofe eftate
the faid execution was fatisfied the full amount of the money fo collefted, or fo much thereof as fliall be re-
-f. ., . mittedby the Judges agreeable to the before recited aft w.
uS^l ''^ And be it further enacted. That in cafe the Clerk haa paid the fame into the treafury, that then and m
Treasurer's du. that eafe it fliall be the duty of the Treafurer, and he is hereby required, to pay and refund to the perfon
ty thereupon, from whom it has been levied and collefted, the amount theceofe .on their producing an attefted copy of
the record from the Clerk of the court, certifying that Cuch recognizance ktth. beea remiltedor mitiga-
ted, the time of forfeiture, the fum for which the execution was awarded, and the precife fum by them 1 795. 79
remitted, figned with his own proper name, with the feal of tlie court affixed thereto ; which certificate K^ft-^n-m*
fhall be a fufficient voucher for the Treafurer for the amount expreffed in faid certificate i - any law, u-
iage or cuftom to the contrary notwithftanding.
An aB to enable the Secretary to colleEl the monks due him from the Entry-tahers and Grantees. ch ap 14.-
WHEREAS many of the Entry-takers have neglected to account for and pay the monies by them
recited under the aft of one thoufand feven hundred and eighty-two, as fees for perfecting the
^cants for the lands entered in their refpe£live offices, and there being no mode pointed out whereby the
fame can be recovered : For'remedy whereof,
I. ^^iV f«a<5?ir^,, That itftiall be the duty of the Clerk of the court of the county wherein fuch delin- Proceedings a.
quent Entry- taker may refide^ and they are hereby required, on application of the Secretary or his attor- gainst delin-
ney, to furnifh him with fuch delinquent Entry -taker's bond ; and the Secretary is hereby fully em- ?"^"'^""- '*'
powered and authorized to inftitute fuit in his owti name on fuch bond, againft fuch Entry-taker
or his fecurities, without affignment from the Governor, and on fuch fuit to recover judgment, to be dif-
oharged on the payment of fuch fum as may appear to be due from each Entry-taker as aforefaid ; and the
amount of fuch judgment fhall be endorfed on fuch Entry-taker's bond, and the fame fhall be again re-
turned to the Clerk's office from whence it was firft taken Ante p. 6S.
And whereas there is no provifion for the payment of the fees for the grants on entries made, in the
treafury, under the laft a£l of Aflembly- :
II. Be it enabled. That the Secretary fhall, at the time of iffiiing the grants, demand and receive from w*hen paid.
the grantee, or perfons applying, the fees for fuch grant.
• CHAP. 15.
An aSi to exonerate the fecurities of guardian bonds after a limited time. 1762, 5-
WHEREAS by law there is no given time for orphans to fettle with their guardians, by which
means great injury arifes to the fecurities of guardians : s • ■ of
I. Be it enacted by the General Affembly of theflate of North-Carolina, and it is hereby enacted by the authori- guardiars
ty of the fame. That from and after the paffing of this~a£t, any orphan coming to the age of twenty-one whea exonera-
years, if he or ftie does not call on his or her guardian within three years from thence for a full fettle- ^^^'
ment of his guardianffiip, the fecurities of fuch guardian fhall be difcharged from their fecurityffiip, in as
full and ample a manner as if fuch fecurity hath not been bound. Provided^ That nothing in this zQt
fhall extend to perfons imprifoned, beypnd feas,or non compos mentis.-
Proviso*
CHAP. W,
An a^ to prevent dnyperfon -who may emigrate from any of the Wejl-India or Bahama Iflands, or the French,
Dutch or Spanifh fettlements on the fouthern coafl of America, from bringing flaves into thisflate, and alfo ^'
for impofmg certain reflriBions on free perfons of colour who may hereafter come into this flate. p^
t; "p)E it enacted by the General Affembly of the flate of North-Carolina, and it is hereby enacted by the afutho- sons coming to
rity of the fame. That from and after the firft day of April next, it fhall not be lawful for any per- settle, land.ng
ling into this ftate, with an intent to fettle or otherwife, from any of the Weft-India or Bahama ' "~
Iflands, or the fettlements on the fouthern coafl of America, to land any-negro or negroes, or people of years
fon coming into this ftate, with an intent to fettle or otherwife, from any of the Weft-India or Bahama s-'aves over th«
Iflands, or the fettlements on the fouthern coaft of America, to land any-negro or negroes, or people of
colour, over the age of fifteen years, under the penalty of one hundred pounds for each and every fuch
flave or perfon of colour, to be recovered before any jurifdi<Stion having cognizance of the fame, one- j^^g' g *
fifth to the ufe of the informer^; and the other four-fifths to the ufti of the ftate.
II. And be it further enabled. That it fhall be the duty of fuch perfon or perfons bringing in any fuch The age sworn
negro or negroes, or people of colour, under the age of fifteen years, to prove the age of the fame by *° '^ req,uired,
his own oath, or the oath of fome other perfon, before- fome Juftice of the Peace, if the fame be requi-
red.
III. And be it fhrther enaBed, That if any free perfon of colour fhall come' into this ftate, by land or Free persons of
water, or any flave fhall hereafter be emancipated, be, fhe or they ffiall be compelled to give bond and '^°'°"?' *° S''*'*
fecurity to the Sheriff^ payable to the Governor for the ufe of the ftate, in the fum of two hundred pounds, ^^ "" ^'
for his, her or their good behaviour, during the time he, fhe or they may remain in this ftate j and it is Sheriff to ap-
hereby declared to be the duty of the Sheriff to apply to the above defcribed perfons^ and take from them p'> fo' ^a* pur-
a bond as aforefaid ; and if any perfon fo applied to fhoutd refufe to give fuch bond, the Sheriff of the ^°^^*
county where the perfoff fo applied to for the time being refides, fhall- be and is hereby authorized and di- ^e^^^^^^^^
jedted, to take him, her or them into cuftody, and confine them and every of them in the gaol of the and what u»! "^
so 1795. county, until the enfiung court, when it fhall be the duty of faid court to empannel a jury to enquire
U*-r"»V whether the perlon fo confined comes within the meaning and purview of this a£l: ; and if the faid jury
We to, when fliall find that fuch pc-rfon does come within the meaning of this a£t, then and in that cafe the court fhall
hm'd^kc^'''^ compel fuch perfon to give bond as aforefaid for his, her or their good behaviour, and upon failing fo tp
"do, the court fhall order fuch perfon to be fold, for the benefit of the ftate, at public auftion.
Diitv of the ^^' ^'"^ ^^ !i further ermcled, That it fliall be the duty of the feveral county courts in the 'ftate, t©
county courts charge the grand juries of the refpe£live counties to make prefentment of all fuch free perfons of colour
when they be- as condufl themfelves fo as to become dangerous to the peace and good order of the ftate and county, up-
lv!T;c!'^°'^'^'^'^' °" which faid prefentment it fhall be the duty of the court, to whom the fame is made, to iffiie an ofder to
.the SheriiT to take into cuftody the perfon fo prefented, and him fafely keep until the next county court,
wheg a jury fliall be enipanneled, as before dire<n:ed in this aft, and a trial agreeably thereto had -, and if
any perfon ftiall be found guilty on fuch trial, he fhall be compelled to give bond and fecurity, as in cafes
oi perfons coming into this ftate contrary to this acl j and in cafe of failure of the perfon fo found guilty
to give bondj he, flie or they fliall be fold, for the ufe and jn the manner aforementioned.
V. And be it further enaEled, That wli^en any number of negroes, or other flaves, or free people of co-
lour, fhall collc6i: together in arms, and be going about the country, committing thefts and alarming the
inhabitants of any county, it fliall be the duty of the commanding officer of fuch county, or captain of a
troop of horfe, upoii three or more Juftices of the Peace requiring the fame, immediately to call out a
fu!l7cient number to fupprefs fuch depredations or infurredtions ', which detachment of militia ftiall be
under the fame rules and regulations, as in cafes of invafion and infurreftions, and fhall be entitled to re-
ceive the fame pay and rations as the troops of the United States, when in aftual fervice ; and if any per-
fon (hall be wounded or difabled in fuppreffing fuch infurre£l:ion, he fhall be provided for at the.public ex-
pence, in the fame manner as heretofore practiced in this ftate. Provided neverthekfs. That if the officer
above mentioned fhall fail or negle£t to order out a detachment of the militia in the above dire£led cafes,
his luperior officer may, upon fufficient proof being made of the neceffity of fuch a meafure, order him or
any other officer under his command to fupprefs fuch depredation or infurreftlon, and if the perfon fo
ordered fhall fail to obey the fame, they fliall fufFer as in cafes of infurreftiou or invafion.
Militia to be
called out. Sec.
Regulations,
jjay aad ra-
tions.
I'lfn-vsion
when iuvulid.
Proviso.
CHAP. 17.
An acl to amend an a£f, entitlcdy " An aft to prevent the ifluing of grants for lands entered with any of
the Entry-takers in this ftate in certain cafes j" and to prevent the ijfuing nvarrants oj Jurvey in manner as
is defct ihed.
Cortain en' ' ^' ^-^ ^ ''' enaEled by the General AJfembly of the fate of North-Carolina, and it is hereby enaEled by the au-
vo;(l, %f^ thcrity ofthefanuy That all entries for l^nds made witli any of the Entry-takers under the fecond
.feftion of the before recited aft, and for which the purchafe money hath not been paid to tha Treafur-
er, ftiaii become and riiey are hereby declared to be null and void ; and fuch lands fhall levcft to the
•ftate, and fliall be free to Ije entered again in the fame manner as if entries therefor had never been made,
notwirhftanding warrants may have been iilued, and furveys thereof had, urdefs the purchaie money for
the fi-'iio fh;i!l be /wwyF^^f paid by the cntcrers, their sgents or alfigns, into the public treafury, within
fix months from the end of the prefent feilion of the General AfVcn^Hy.
II. AndbeitfurtljtrenaElcdt That in all cafes. of failure under this aft, the perfon or perfons wifl)ing
l>y others, Stc, to afcertain the fame, and to make entry of the land fo forfeited, and v. hich fhall revert to the flate as
aforefaid, fliail make application at ihe Treafury office, and having obtained from the Treafurer a certi-
ficate, that^the firft enterer or entereis have neither J>v him or tb.em.fcKes, nor hv his or their agent,
paid for any part of tl^e lands by him or them faid to have been entt'red, or that havitig paid in part, he
or they had not paid for cortain numbers; in either of thcfe cafes, the p{.-r!on or perfons obtaining. fuch-
certificate, and filing the fame wich the Entry-taker of the county in .which the lands lie, fliall be per-
mitted to enter ilic fame iands, or fuch parts thereof as are fo certified as aforefaid, as not having been
paid for ; and fliall thereupon have as full and complete title -to the fame, on his complying with the re-
quifitcs of this aft, as he or they would have had in cafe fuch lands had not been prcvioufly entered uai»
der the above recited aft of February, one thoufand feven hundred and ninety-five.
ni. ..-^/;c//'? // /"wrA^vriVWi'fe/, That for all entries of lands which may hereafter be made with any of
charemo' el '■-' ^^ Entry-t.kers in tlvis ftate, the purdiafe money 'ihall.be paid to the Public Treafurer within fix months
dflayed, declar- froni the date of the entry, if for a gre.Uer quantity than three hundred acres ; and for any quantity un»
edvoii, &c. der that, twelvemonths; otherwife fuch entries fhall be, and they are hereby declared to be, void and
ef none cffcd; and the lanJ.i.fo entered, which iUall not be paid for witliin the.tin\e aforefaid, fliall re-
A'l 1 rcvrtcil
to*iic.iiatc, &c.
Mow entered
Ante, 11.17,47
CJ. '
1-86. 7.
n97, 56.
n:)8, 4.
Jr9J. ii.
1801. 2, U.
Vert to the {late, and fhall be confidered vacant and liable to be entered and fecured isy any petfon or per- 1795. 8,1
fons complying with the requifite? of this law j any previous ifTuing of warrants for and making of fur- u*^v->j
v^ys of the fame nctwithftanding.
IV. And be it further enaBed, That it (hall be the duty of the feferal I^rxtry-takers immediately after the liaty of Entry-
paffing of this act, to iflue warrants on the application of fuch perfpns who have made entries for lands t^^^«" ^ •ssii'
in their offices fince the eighth day of February laft, in the fame manner arid under the fame rules, as '"^ warranto,
was heretofore prefcribed by law ; and on all entries which may hereafter be made, to iflue warrants of
furvey at the expiration of three months from the date of each entry. Provided^ nothing herein contain.- Proviso,
ed, fhall authorize the ifluing warrants of furvey in cafes pf payisats, in any mariner other than that here-
tofore pointed out by law.
V. Afid be it further enaEled, That the time of payment to the ftate, fh^ll in no wife be poftponed by means Payments to
of entering caveats, or through other frauds or collufion j but in all cafes of entry, the cafli or certificates t'l^ s'ate not to
{{lall be paid into the Treafury within the time above limited ; and the party ultimately failing to obtain ^ t'ostponed^
tlie lands paid for, Ihall have his cafh or certificates refunded (;o him in manner as is already provided by
law.
"And whereas it IS reprefented, that fundry perfons heretofore or.aj: prefent Entry-takers, have, ia or-?
^er to evade the a£t of Airembly, pafled in February, one thoufand feven hundred and nhiety-five, as-
above recited, fraudulently iffued warrants on entries, by them pretended to have been been at fome time
previous to the firfl: day of January, one tlipufand feven hundred and ninety-four, although no return of
fuch entries hath ever been made to the Comptroller, and although no part of the purchafe -money there-
for hath at any time been paid to the ftate, greatly to the inj.viry of the public revenue, and contrary to
•to their known duty.
VL Be it therefore etm£l.ed.. That from and after the paffing of this aft, it fliall not be lawful for the Duty of the ""
S^ecretary oi State to make out ot iflue a grant, on the return of any land warrant iflued on an entry Secretary In
inade previous to the eighth day of February, one thoufand feven hundred and ninety-five (military war- ^^"""^ ^^^ '
rapts excepted) until the ^^erfon .who entered the land, .qr fome perlon for him, (hall make oath that the
purchafe money to the ftate liath been actually paid agreeably to law and that the warrant on which the '
grant is claimed was fairly and juftly obtained, and without fraud ; unlefs it fhall appear by the ret^ira
of the Entry-taker, and lodged in the Comptroller's office, previous to the eighth day .of February, one
thoufand feven hundred and ninety-five, that the land for which the grant is claimed, was properly en-
tered and returned by thg Entry-taker of the county ; in which cafe the certificate of the Comptroller
fliall be a fufficient voucher for the Secretary to .iflue the grant on. Provided^ that any perfon living at a p^^tiy repeal-:
diftance from the f^at of government, and being about to apply for a grant for lands in virtue of an en- ed, .179tt, 4l
try rpade previous to the eighth day of February, one thoufand feven hundred and ninety- five, may (if
he choofes) inftejid of making affidavit in prefence of the Secretary of State, prefent the Entry-taker's re-
ceipt for the purchafe .money, to the court of his county, and having made affidavit in open court, and
procured the receipt to be attefted by the Clerk, and that together with the affidavit to be fealed with
the county feal and direfted to the Secretary of tbe State, forward the f^pie to his office by any convey-
ance ; and the receipt apd afiadayit fo made, attefted ^nd fpaled up ?is aforeffiid, (hall be a fufficient you-
c^ier forth^ Secretary to ilTue the grant on.
VII. An^ be it further. enacted) That it fhall not be lawful for any perfon who now is, or heretofore Pen. oti Enti^
hath been, or herekfter fhall be, Entry-taker in any county in this ftate, to iflue a warrant or warrants takers issuing
on any jentry made or pretended to have been made in the books kept by him when Entry-taker, after ^^t^'es^aftmhe
the tipe he fliall cpafeto be fuch, pn pain of forfeiting the fum of fifty pounds for each and every offence ; expiration of
to be recovered in imy of the fap.eriqr courts pf law in this ftate by any perfon fuing for the fame, and their office, Sw^
applied one half to his own u.fe and the other half to the ufe of the ftate; and on pain of being imprifoned
at the difcretion of the court, not e;sceeding three months.; but each Entry-taker fhall deliver up his
bpoks to the Clerk in open court at the time of his refignation or difmiffion, or at the firft court which
fliall happen thereafter, firft particularly noting in the margin oppofite each entry, all fuch entries on
which warrants have not been ilfiied, to tiie end his fucceflbrs may, by written and particular order of
the court, iflue the fame. . .
VIII. Andbe it further enailed. That it fhall be the duty of each and every Entry takerin diis ftate, at Entry-taker to
the time of making an entry for lands, to furnifh to the perfon making the fame a certificate of the date, ^^^ certificate
niimber of the entry, and quantity of acres contained iu each entry; which certificate (hall be lodged
with the Trea(urer by the perfon obtaining it, at the time when payment fliall be offered.
U
Clerks authori.
zed to receive
t)ie books cf
Entry.takers,
82 1795. IX, And be it further enaBed, That immediately after the paffing of this tlBl, it fhallbe the duty of the
Clerks of the feveral counties in this (late, to demand, and they and each of them are hereby authorif-
ed to receive from the Entry*takers of tjieir refpe£live counties, and from thofe who have heretofore been
Entry-takers and are now no longer fiich, and from the heirs, executors and adminiftrators of all perfons,
who at any time between the month of December, one thoufand feven hundred and feventjr-feven, and •
the eighth day of February, one thoufand feven hundred and ninety five, have adted in that capacity, all
books which have been by them, or any of them, kept for entries of land ; and generally the faid Clerks
refpeftively fliall have power to demand and receive from all perfons whatever, in whofe pofleflion the
fame may be, all entry .office books as aforefaid j and the fame having received, it {hall be the duty of
the faid Clerks, to depofit the originals in their refpe£live olfices, for the fafe-keeping and prefervation
of which they are hereby declared to be refponfible.
X. And be it further enaBed, That as foon as the Clerks (hall have obtained pofleffion of the entry-
books as aforefaid, it (hall be their' duty, and they are hereby direfted, to make out a fair and complete
tranfcript of the books depofited in their feveral offices ; which tranfcripts, after having been previoufly
compared with the originals, under the infpe£lion of the court, and properly attefled,. with the feal of
the county annexed, fhall be without delay tranfmitted by the Clerk making the fame to the Secretary's-
office, on or before the firft day of July next. And it fhall alfo be the duty of the Clerks, not only to
receive fuch books as may be delivered to them, and forward a tranfcript thereof as herein direfted,
takers, &c"and ^"^ ^^^° ^° obtain information of the number and names of the feveral Entry-takers, who have adted in .
report them to their refpedlive counties at any time between the month of December, one thoufand feven hundred and
the Seoretary, feventy-feven, and the eighth day of February, one thoufand feven hundred and ninety-five, and particu-
larly ftate to the Secretary, in a report which fhall be fubjoined to the tranfcript, the number of books
which may be wanting, the names of the Entry- takers who originally made and kept the fame, the
names of their fecurities, together with the real or fuggefled caufes wherefore fuch books cannot now
be obtained.
XI. Andbs it further enacted y. That the Clerks, upon producing to the courts of their refpe£iive coun-
ties, a receipt for the tranfcript with the report thereto fubjoined, made out, compared and attefled as
aforefaid, ihall be allowed a i>eafonable compenfation, to be paid by the Treafurer, on a certificate from-
tlie Clerk, counterfigned by the prefiding Juflice, under the feal of the county, not only for copying fucli
books,, but for tranfporting the tranfcripts to the Secretary's office as aforefaid.
XII. And be it further enaSIed, That fhould it fo happen that any Entry-taker, or other perfon in whofe
poflefTion the fame may be, fhould refufe to deliver the books of his office, or the books of any Entry-ta-
ker which may be in his pofTeffion,. cuflody or keeping, on the application of the Clerk of the county,
or on his written and viatnefTed order, the perfon or perfons fo failing or refufing, fhall forfeit and pay
the fum of five hundred pounds, to be recovered by the Attorney or Solicitor-General, on the complaint
^r"hir»e*^lea °^ *^^ ^'^'■^ ^° whom the books have been refufed, and applied to the ufeof the flate. And if any Clerk,
*^^ * after having received fuch books, fhall fail, negleft or refufe to make out and tranfmit the tranfcripts as
above diredled, to the Secretary ©f State, fuch Clerk, fo offending, fhall forfeit and pay the fum of five
^ hundred pounds, to be recovered and applied as other penalties in this aft are directed.
hoW^'orimer!* XIII. And be it further enacted. That it fhall not be lawful for any perfon or perfons, to take or hold the
meddlswiththe books of the faid Entry. takers in their pofTeffion, unlefs when permitted by this a£l, or unlefs the fame
books of an fl^jji come to his or their hands as executors or adminiftrators. And if any perfon or perfons, not being
an Entry-taker, fhall prefume to poffefs himfelf or themfelves of the Entry-taker's books for any county
in this ftate, and ftiall make any official ufc of the fame, or write therein, or intermeddle therewith in any
manner whatfoever, fhall forfeit and pay the fum of five hundred pounds, to be recovered and applied as
other penalties in this a£l are dire£bed ; and fhall on conviftion thereof in any court of record, be liable
to imprifonment not exceeding fix months for each and every offence.
XIV. And be it further enaSfed, That all laws and claufes of laws heretofore palTed, coming within the
purview and meaning of this aft, be and the fame are hereby repealed and made void.
To make out
and transmit
traisciipts to
the secretary.
Te obtain the
iiatMcs of the
with the num
ber of books
■wanting;, &c.
• Clerk's com
pensation
therefor,
Pen, on Entry-
taker, &c. re-
fusmg to deli,
ver up the
books.
Entry-taktr,
unless entitled
by this aa, & :
■under a penal-
ly-
1803, 11, 14
15.
Repealing
clause.
CHAP. 18.
Clerk's duty in
making out
returns,
An aB direBJng the manner inwhicb the Clerh of the feveral fuperior and count-j courts fhall hereafter maiethtir
returns to the Comptroller.
J T> E it enaSied by ihe General Affemblf of the flate of North-Carolina; and it is hereby enabled by theautho-
' XJ '"'X)"'/^'^'^/""^>Thatitfball be theexprefs dutyof the Clerks of the feveral fuperior and county courts,
to make a return, at the firft court which fhall happen after the firft day of January in each year, of all tax-
fees and 6nes,forfeitures and amercements, by them received, on oath} which onth ihall be taken and fub-
ftribed in open court, if by a Clerk of the fuperior court, before the bench of Judges, arid if of '^ the conn- 1795. 83
ty court, before the bench of Juftices, and {hall be figned by all the Judges or Jufticesprefent, as the cafe v-*^-^«-»
may be, and fhall.contain as well the names of all perfons who have paid tax-fees, as of all thofe who have Partly repeal-
in the preceding year been fined, amerced, or judged to have forfeited their recognizances, and from whom ^' ^^^'^^ ^^■
riie monies have been collected, either in the whole or in part, dating the precife fum received from each :
Which return, when made out, fworn to and fubfcribed as aforefaid, fliaJl be tranfmitted to the Comp- in transmitting
troUer, on or before the firft day of OsSlober, which Ihall next follow, under the fame penalty as is alrea- them to the
dy provided by law, and fhall on like penalty be accompanied by a complete lift or return of the names of ^o'^P"'*'^"'
all perfons fined, amerced or adj udged to have forfeited their recognizances, during the preceding year,
and the particular fums in which tiieyhave been fined, amerced or judged to have forfeited, as well thofe
who have paid in full or in part, agreeably to the return above required, as thofe who have not paid any
thing ; which lift or return fhall be made out and prefented to the court at the fame time with the return
above mentioned, and fiiall be fworn to and fubfcribed in like manner, and ftiall be lodged in the Comp-
troller's-o fEce, as a check on tlie returns which may be thereafter made.
II. And bz it further enaEled by the authority aforefaid. That it fliall be the duty of the Comptroller, and he Comptroller's
IS hereby required, after the firft day of 0£tober, in every year, to hire an exprefs and fend to every Clerk duty when the
within the ftate, who fails to make his return agreeably to law ; which exprefs fhall be entitled to receive ^'"'^^ *^'' "* .
fix pence per mile for going and returning from fuch Clerk's office, and the expence the Clerk fhail be
charged with > and the Treafurer fhall enter up judgment againft him for the fame, as in ether cafes.
AnaElto encreafe the pilotage Jor bringing and carrjitigveffels over the bar of Cape-Fear y ReTEALED^ 1796,31. cHAP. 21.
An acl to amend an aB, entitled^ " An a(?l authorizing the county courts of pleas and quarter-feflions to chap. 22.
divide and appropriate tlie real eftate of inteftates," pajfed in thit.yediione thoufandfeven hundred andeigh- i^&r vr
ty-feven. ^ \ ^ 1789,' 24.
WHEREAS the above recited aft is deficient, in as much as it omits to point out how the commif- ^^01, 24,
fioners for dividing eftates fhaU be fummoned, or^who' fhall ainainiifter the oath neceffary for them
to take : For remedy whereof.
I. Be it enaEledby the General Ajfembly of the ftate of North- Carolina, and it is hereby enacted by the ttuthori- Slieriff to sum-
iy of the fame. That from and after the paffing of this adl, whenever any court fhall, on ainy petition being '"°" commissiii
filed and commiffioners appointed, order the Sheriff of the county where the commiffioners live to fum- '
mon faid commiffioners to appear on the premifes, for the purpofes which may be fet forth in faid or-
der, whofe duty it fhall be to fummon the fame ; and when they or a majority of them fhall have met, „ ,
the Sheriff or fome Juftice of the Peace fhall adminifter the oath prefcribed by the aforefaid aft, before tice may ad-
they proceed to execute the-purpofes for which they ftiall have been appointed. minister to
them the oath.
An aB to annex pari of the county of New MaiiOver to Sampfon county. CHAP. 24.
J T^E it enabled by the General Affembly of the flate of North-Carolina, and it is hereby ena^ed bvthe autho- „ rvr -
' O *''0' °f *^^ A"*^* That from and after the paffmg of this aft, all that part of New Hanover coun- nlnover added
ty lying weft of a line beginning where the Sampfon county line croffes Black river, thence down faid to Sampson.j
river to Benjamin Robertfon's lower mill branch, thence a direft courfe to Stewart's Ferry, on South- ^"^^ ^'
river, and thence up the fame to the point of beginnings in Samplbn line aforefaid, be, and the fame is ^'^ ' ^^*
hereby annexed to the county of Sampfon, and fliall to all intents and purpofes be confidered a« a part
thereof. (Remainder private.)
THE TITLES OF THE PRIVATE ACTS.
19 An aii to raise a fund for the support of an heilth offiter 25 An aA for establishing a charitable fund for the relief of de-
and harbour master in the port of Wilmington in this cayed mechanics in the towns of Fayetteville and Wil-
state. mington.
20 An aa to empower the Commissioners of Navigation of the 2® An a£l to amend an afl, entitled, An a<ft for holding two se-
port of Wilmington, to appoint an health officer and parate eleflions for the county of Carteret, passed at New-
harbour master for their said port. hern, in the year one thousand seven hundred and nme-
25 An a<Jl to establish and incorporate a company for the pur- ty-one; and the other a\5l, passed at Fayettevlille, in the
pose of cutting a navigable canal from Clubfoot's-cteek year one thousand seven hundred and ninety-three,
to Harlow's creek, and to repeal ftll afb heretofore passed 27 Ana<rk to suspend the operation of an ad of Assembly, cn-
jfelatiye ther«t<^ titled. An »^ to cnaUs the county courts to ^point
8i 1795.
Cominlssioners to keep open rivers and creelcs at their
several falls for the passage of fish up the same.
28 An aft to authorize and empower the Commissioners of the
city of Raleigh to compel the inhabitants living within
a certain d'lstance of the said city, to work on the street^
thereof, and to pay poll taxes.
29 An aft to establish two places for holding general musters
and elf ftions for members of the General Assembly in
the counties of Montgomery and Richmond.
50 An aft to empower the court-martial of Meckler-burgh coun«
ty to divide the militia of said county into three battalions,
- and to appoint places of muster in each:
31 An aft establishing a separate eleftion at Hogstown, in the
county of Martjn.
32 An aft to establish a separate eleftion at Hogstown, in the
county of Martin.
53 An aft to empower the county court of Montgomery to ap-
point persons to copy the books of the Register in said
county.
84 An aft granting the inhabitants of the county of Cumberland
the privilege of a separate general muster and eleftion
in said county, and to grant the inhabiunts of North-
amptcn the privilege of separate eleftion-
35 An aft to repeal part of an aft, entitled An aft to amend an
act, entitled. An a-t to eitablish a town on the land of
William Herritage, at a place called Atkyn's Banks, in
Dobbs county, passed in the year .one ,tiiousa;id seven
hundred and eighty-four.
56 An aft to pardon and restore to credit William Morgan.
37 An aft for the better regulation of the town oi Wilmington.
38 An aft to emancipate a mulatto boy by the name of Gusta-
vus Adolphus Johnston, in the county of Chowan, and
also a mulatto girl by the name of Amy Phillips, in the
county of Brunswick.
39 An aft for altering the names pf certain persons therein men-
tioned. ' .
40 An aft to alter the names of certain persons therein mention-
ed, and to entitle them to inherit in the same manner
as if born in wedlock.
41 An aft to emancipate Frank, a person of colour.
42 An aft to enable certain peisons therein named to cut a na.
vigable canal from the Hearn-Eay to Swan Qiiaiter-Bay,
in Hyde county.
A3 An aft empowering the several persons therein mentioned
■ .to coHeft the arrears of taxes due therfi ; also to auti-.or-
ize the securities of John Fort, late Sheriff of Sampson
county, deceased, to colleft from the inhabitants thereof
the taxes due for the years one thousand seven hundred
and nin<yy- three and one thousand seven hundred and
ninety-four. . ■ .
Ai An aft granting the inhabitants of the second and third bat-
talions of the county of Rowan the privilege of sepi-
rate eleftions :
^5 An aft j(o ^niend an aft, entuled, An aft to alter the time
of holding annual eleftions for members of the General
Assembly in tlie county of Brunswick-
46 An aft to emancipate Ja.nes a mulatto rvan, the property of
JrihivCupningl'am, of Gates county.
47 An aft to eniarcinate a certain mulatto girl therein named.
43 An iift vesting John I. ane with a ti^le, iji fee simple, to ccr,
tain lots in the town of Nixonton, us therein rrieniioned.
49 An aft to pardon and restore Montford Elbeck, of Halifax
courty, tr-Jae rights and jtfivileges of a free cicizen.
60 An aft to establish a separate general muster pn the west sde
of I'ungo-river, in the county of Hyde.'
51 An aft to establish a tr^wn on the land of Edw.ird Yarboroughj
on the Yadkin river; in the county of Rowan.
52 An act to appoint Commissioners to fix on a proper place in
the ioLinty of Wilkes, and to ercft tiiereon a court-house,
prison and stocks, for the use of the said county, and to
empower the county court thereof to lay a tax for the
years one thoueand seven hundred and ninety-slx and
one thousand seven hundred and ninety-seven, tn defray
the expence of such buildings ; and to appoint three
Commissioners for public buildings in the county of
Stokes.
53 An aft for the preservation of the books and writings of the
regisler's-office of Bertie county.
54 An aft to empower the county court of Carteret to lay a tax
in said county, for the purpose of erefting a court house
therein.
55 An aft for pardoning Augustus Benton, late of Orange
county.
56 An aft to amend an aft. entitled, An aft for establishing two
places for holding general musters in the counties of
Wilkes, Burke and Rutherford, and th? place of holding
courts martial, and for altering the manner of holding
eleftions of members to represent said counties in the Ge.
neral Assembly, passed at Fayetteviile, in the year one
thousand seven hundred and eighty-nine,
57 An aft to empower the county court of Rutherford, to lay a
further tax, to defray the expences of building a court
house, prison and stocks for said rjounty.
58 An aft to empower the county court of Cabarrus to appoint
Commissioners to ereft publ'C buildings in the said coun-
ty, ard to repeal an aft, passed in the city of Raleigh,
in the year one thousand seven hundred and ninety-four,
entitled. An aft to aj^point Commissioners to ereft ;;
Court house, prison and stocks in the county of Cabarrus.-
59 An aft appointing a separate eleftion to the inhabitants of
the north side of Tar-riyer, in Pitt county,
60 An aft authorizing the several persons therein named to col-
left the arrears of taxes due for the year one thousand je-
ven hundred and ninety one, one thousand seven hundred
and ninety-two, and one thousand seven hundred and
ninety-three-
61 An aft allowing the Inhabitants of Burke the privilege of sc
parate eleftions. • • •■
62 An ail to emancipate certain persons therein mentioned.
63 An aft to alter the place of holding the separate eleftion in
the county of Tyrrell.
64 An aft to appoint Trustees for the purpose of facilitating the
navigation of P<;dee river. '
65 An aft granting to the inhabitants of Chatham county the
privilege of a separate eleftion. '
66 An aft appointing Commissioners to fix on a proper place, at
■or near the centre of Moore county, for the purpose of
erefting the public buildings.
67 Anaft toa'jthotizcjanies CftTipbelljEsiuire, and John M( nioe,
' both of Ciiiiiberland county, to pvtfl tol'-^ates across ibf
psblic road at or near theii ferries, on t ;tt'e-r'v< t.
68 An aft to amend an aft, entitled, " An aft toappcint Com-
missioners to contraft for and purchase two half-acre luts
in the town of Sniithfield,'and county of Johnston, and
also to coiitrift for the retMiilding of the" court house, pr;-
son and stocks therein. ' • ;• ■■ - •
69 An aft to pstaliish a town now laid off on th? land of Rich-
"ard Edgworth; in the county of Anson.
70 An aft to empower Commissioners to dispote ^f the former
• couil house and prison in the county of Montgomery, an i
Xo repeal an a^, passed at JWewbeni, one thousand sevc '
hundred aild ninety-two, fbrHmitiiiig the tiir.e forsaviiK
lots in the towns of Nixonton an<-' Hillsborough, so fir as
respefts thu town of HplBboiough, aud forcornjxfllingthe
Clerk of Bladen county coui't to keep his office at or with-
in two miles of the cour\-house of said county.
7,1 An aft to secure to Catherine Hoi'^er, wife of Henry Ilouser,
such estate as she may hcrt'.iuer acquit'e.
72 An act to establish' a town on the south side of the Yadkin
and Peedee rivei', on theland of Janijes Tindall, deceased
7-3 An aft'empOwering the court martial of the county of North,
ampton to divide the regim,ent of said county into tv/g
battalions, and to -appomt two places for the purpose <rf thereon, passed at Newbern, !n the year onSthoftsand 1795. gS
holding battalion » usters. seven hundred aad ninety-two.
"4 An aa to revive an act, entitled. An act to empower the 7$ An act to empower Henry Deberry, former Sheriff of Mont-
county courts of Gates and Person to lay a tax in said gomery couaty, to collect all arrearages of taxes due him
counties, for the purposeof erecting the public buildings for the years one thousand seven hundred and ninety-one
and one thousand seven hundred and ninety-two.
Beii4 three times and ratified in General Assembly, th« ninth day of December, lt9S,
BENJAMIN SMITH, S. Sii-
JOHN LEIGH, S. H. C.
86 1796.
Samuel ASHE. At a GENERAL ASSEMBLY, begun and held at the City of Raleigh, on
sq. overnor. ^^^ twcnty- fifth Day of November, in the Year of our Lord One Thou-
sand Seven Hundred and Ninety-Six, and in the Twenty-first Year of the
Independence of the said State, Being the First Session of the said As--
sembly.
CHAP. 1.
Lands to be
advertised,
Jhit; of Sheriff
on receiving
list of taxables.
>f» fl<5? to raije a revenue for the payment of the civil lijl and contingent charges of government j or the
year one thoufani [even hundred and ninety -/even,, and to amend the revenue iaws in certain cafes.- ^
\ The four fir ji feBions temporary."]
V. And be it further enaSled by the General AJfemhly oftheJlateofNorth-Carolina't and it is hereby enabled by
the authority of the fame y That from and after the paffing of this aft, it ftiall not be kwful for any of the
Sheriffs in this ftate, either by themfelves or their deputies, to fell lands for their taxes, until the fame
hath been fir ft advertifed for fale in the North-Carolina Journal, the State Gazette or the Fayetteville
Minerva, for the fpace of one month, and alfo in the county in which they are fituated, in manner as
heretofore required by law ;- the whole of the expence attendant on which fhall be chargeable on fuch- ,
lands, and fhall be made accordingly; in which advertifements (hall be mentioned the fituation of the,,
laads, the ftreams near which or on which they lie, the eftimated quantity, the names of the tenant or' ii
tenants in poffeflion if cultivated, and the name or n^mes of the reputed owner or owners where the fame !
can be afcertained : Provided^ That no lale of lands by virtue of this aft fhall take plafte previous to the
firfl day of Auguft in each year.
VI. {othernvife provided for by, 1798, 2,]
VII. And be it further enaSiedy That no Sheriflfby himfelf or his deputy, fhall in any inftance demand
a double tax on lands, the reputed owner of which refides out of the county where fuch lands lie, unlefs
the fame fhall be aftually fold to pay the taxes due thereon, and unlefs he fhall have advertifed the fame
in manner aforefaid for three weeks, therein fpecifying that the fame has not been given in agreeable to
law j the expence whereof fhall be chargeable upon the land ; in which cafes he fhall be entitled to col-
left and receive a double tax, in cafe fuch lands were not given in or returned as taxable property : and in
all cafes of advertifing lands for fale for the payment of the taxes due thereonj which lands have not been
given in or returned on the lift of taxables, the real or reputed owner or owners of which refide out of
the counties where fuch lands are fituated, and have no vifible perfonal property therein, the Sheriff in
cafe the tax fhall be paid before the fale of fuch lands, fhall be entitled to demand and receive frdfe fuch
non-refident owners, the fum of twenty fhillings to his own ufe, over and above the charges of advertis-
ing, as a comjienfation and in confideration of his fervices and trouble in the bufinefs ; and in cafe of delay
or refufal on the part of the reputed owner topay the fame, it fliall be made, together with the coft and
charges of advertifing, by the fale of fuch lands or fo much thereof as fhall raife a fum fufficient.
VIII. And whereas the fine impofed by law on Sheriffs for not accounting for the taxable property not
lifted, is not fulHcient to compel them to receive and- account for all the taxes which of right they ought
to colleft : Be it therefore enacted by the authority aforefaidy That it fhall be the duty^of each and every She-
riff, immediately on receiving the lift of taxable property from die Clerk of his county^ to fet up at the
court-houfe an advertifement informing the inhabitants of his county, that he has received fuch lift, and*
holds it ready for infpeftion, and requefting them to give him information of any lands, polls or other
taxable property in the faid county not given in ; and the Sheriffs receiving information of any lands, polls
ot other taxable property not given in, and negfefting or refufmg to account on oath to the Comptroller' |
agreeably to law, fhall not only be fubjefted to pay the prefent fine of one hundred pounds, but he or they' j
fhall be further liable to pay the fum of five hundred pounds, to be recovered in any court of record hav-
ing cognizance thereof ; one half to the ufe of the ftate, and the other half to the ufe of fuch perfon wlio
fliall fue for the lame. Provided always^ That the fine of five h.-..idred pounds fliall not be Infli£l:ed in any 1795. 87
cafe where the Sheriff Ihall account with the Treafurer, within fix months from the expiration of the time K.^^'^r-^
nHowed by law for his fettling with the Treafurer^
IX. And to the end that it may be known in the counties wheYe the SherifFs refide, that he or they Ytwty of the
have failed or refufed to account on oath : Be it further enactedy That it ihall be the duty of the Comp- comptroller
troller, when arty Sheriff fhall fail or refufe to account with him on oath in due time and according to lawi' *'^^" Shenfis
to eaufe fuch failure or refufal to he publifhed in the North-Caro'ina Journal, the State Gazette or Fay- couluo'n^th.
etteville Minerva, for the fpace of four weeks. ^ ^ • . ^nt^ p_ jrg,
..; X. And whereas in many inftances tra£l:s or parts of trails of land are divided by county lines running
through the fame, whereby the owner or owners are prevented giving in accurate lifts thereof, in order to
its taxation in the different counties in which fuch lands is fituated, without previouily having fuch land
furveyed : for remedy whereof, Be it enacted by the authority aforefaidy That from and after the ■ paffing of . .
this acl, it ihall and may be lawful for any owner of land, which is divided by a county line, running through 1,0"^ j'^ i^g "jven
the fame, to give in a lift of the fame for taxation in the county of which luch owner is an inhabitant, in.
provided die owner refides in one of the counties in which part of the land fo divided is fituate j and in
cafe where the owner or owners are not refidents of any of the counties in which any land fo divided is
fituated, fuch owner or owners may by him or herfelf, agent or attorney, give in a lift containing the
whole number of acres of land in the tract by him, her or them fo owned, in either of the counties in
which any part of fexch tract is fituate ; any law, ufage or cuttom to the contrary notwithftanding..
Ati act to amend the feveralaEis- of the General AJfemhlyy to prevent any perfon nvho nona does or trtay hereafter CHAP. 9.
bold any office, appointment or tnijl under the Federal Government^ from being eligible to a feat in th^ General 1790, 6.
AJJhnbly of this fate : and to prevent any perfon from holding or exercifmg any office or appointment under "'^ V" ■ ,
the autliority of this.' fate ^ ivho holds any office or appointment under the authority of United States.-
B 'E it (rtacted by the General Ajfembty oj the Jlate of North-Carolina, and if is hereby enacted by the au-^ Collectors of
thority of the fame , That from and after the paffing of this a£t, it {hall be underllootl, 'that all and *-'''^'^^' ^'f:
every coUeftor of the excife, or any revenue accruing to the Federal Gcivernment, is within the true ^^^.^ offices
meaning and intent of the faid laws,, to prevent any perfon from holding any appointment, office or truft
under this ftate who does at the fame, time hold any office, appointment or truft under the United Statesi
and if any colleftor of the revenue, arifing to the United States as aforefaid, {hall at the time of his hold-
ing fuch an appointment, attempt or in any wife exercife the appointment of county truftee, treafurer of
any denomination, or colIe<2:or of any of the revenue arifing to this ftate, he or they fo offending {hall
he liable to all intents and purpofes to the fines and forfeitures of the aforefaid a£ts, to be recovered and
applied as by them dire£teJ. '
II. And be it further enaSled, That the faid a£t, fo far as it relates to the Senators or Reprefentatives of Smators and
this ftate, vacating any commiffion they may hold in the militia thereof, by accepting a feat in the Con- tivis^may^hold
grefs of the United States, be and the fame is hereby repealed and m^ade void. muit.a crtkes.
An a3 to explain the doBrine of pleas flnce the Iqjl continuance in controverfies at'lettu. CKAP. 3.
WHEREAS is doubtful at prefent whether the entering of a plea fince the laft continuance of a fuit
in law, fhould be confidered as a relinquifliment by the defendant of pleas previoufly entered ;
and it being highly neceffary that the law in fuch cafe Ihould be permanently fettled and diftin£lly un«
derftood : '
I. Be it enabled by the General Affembly of the fate of North-Carolinoy and it is hereby enailedly ike authcriy New fleasi not
ifthefamey That the entering of a plea fince the laft continuance of a fuit in law, fiiall in no cafe what- '"^ rioaway
ever be conftrued a relinquilhment of any plea or pleas previoufly entered, but the fame fliall retain the
like force and operation which it or they would have had, if fuch plea fince the.lgft continuance, had not
been entered.
An aSl tofecure the impartiality of trial by jury , and to direB the conduB of judges, in charges to the petit-ytry. CHAP. 4.
!• 13 E it enaBed by the General Affembly of the fate of North-Carolina, atid it is hereby enaBed by the Autho-
j3 '% 'f^k^ fame. That it fhall not be lawful for any Judge, in deHvering a charge to the p^tit-ju- Judges how to
iy, to give an opinion whether a fadt is fully or fufficiently proved, fuch matter being the true <iffice and (.^^^"^ **'
province of the jury : b»t it 19 hereby declared to be the duty of the Judge in ,fueh cafes, Xa ftate in a
88 1796. full and correa manner, the fafts giv^en In evidence, and t6 declare and explain the law arifmg
thereon. *
II. And to avoid the effe£ts of enmity and favour in particular jurors ; Be it further enaBedt That from
and after thefirft day of March next, it ftiall be the duty of the Clerk of the court, before a jury Ihall be
impanelled to try the iflue or iffues in any civil caufe depending therein, to read the names of the jurors
upon the panel, in the prelence and hearing of the parties or their counfel ; and it fliall be competent
for either plaintiff or defendant, or their counfel for them, to challenge peremptorily two jurors upon the
faid panel, without fhewing any fpecial caufe therefor ; which challenge fhall be allowed by the court,
and the panel fliall then be made up as in other cafes.
Either party-
may challenge
two Jurors,
Extended to
Stat^ suits,
1801, 28.
CHAP. 5.
ir41, 29.
mi, 6.
ir88, 20.
An act to amendi Jlrengthen and confirm the feverai acts of Afembly of this fiate^ againjl the emancipation of
flaves.
WHEREAS doubts have arifen in the_ conftrudion of the faid a£ts, as to the extent of the libera-
tion powers vetted in the county courts, by an ad paffed in the year one thoufand feven hun-
dred and feventy-feven, chapter fixth, entitled « An aft to prevent domeftic infurreftion," and another
aft paffed in the year one thoufand feven hundred and forty one, chapter twenty-nine :
j^^^ ^- Be it therefore enacted by the General AJfembl) of the fate of North-Carolina, and it is hereby enacted by the
berating slaves. ^"t^°*'^iy of the fame. That no flave fhall be fet free in any cafe, or under any pretenae whatever, except for
meritorious fervices, to be adjudged of and allowed by the county court, and licence firit had and ob-
tained therefor ; and that fuch liberation when entered of record, fhall veft in the faid Have, fo as afore-
faid liberated, all the right and privilege of a free born negro, any thing in the faid adt to the contrary
notwithftanding.
C^IAP. 6.
Penalty on
setting a net
across thej
channel of
rivers &c-
Penalty on
slaves,
.PfQvisoes.
An act to prevent people from impeding the free pajage offifh up the rivers and creeks in this fate.
I. T)E it enacted by the General Afembly of the fate of North-Carolina, and it is hereby enacted by the
j3 authority of the fame, Thzt from and after the paffing of this a£t, it fliall not be lawful for any per-
fon in this ftate to fet or caufe to be fet, any net of any defcription, acrofs the main channel of any navi-
gable river or creek in this ftate under the penalty of twenty poiinds, to be recovered by any perfon fuing
for the fame, to his or her own ufe, before any jurifdi61;ion having cognizance thereof.
II. Be it further ena^ed. That if any fervant or flave fhaH be guilty of the aforefaid offence, without
the knowledge or confent of his or her matter or miftrefs, he or flie fo offending, fhall have and receive
thirty-nine lafhes on his or her bare back.
III. And be it further enaBed, That nothing in this zdi contained,, fhall prevent or be conftrued to pre-
vent any perfon or perfons from working ^nd hauling their feins acrofs any of the rivers or creeks in the
fame manner as heretofore in ufe.
CHAf. 7.
Ante p. \7, 47,
6.'5, 80.
1797, 16.
1798, «..
1799, U.
1801, 14.
Date of the en-
try to be insert-
ed in thewar-
raiK and grant.
Penalty on the
entry -takers ,
for negieu.
An aB to remedy certain inconveniences arifng under the prefent landiaws.
WHEREAS the Entry- takers are not required by law to infert the date of the entry in the warrant
iflued to the claimant, and the date of the entry does not therefore appear upon the grant, and
it frequently happens that a fecond enterer of the fame land obtains his grant firft, and great injufticeis
done to the firft fair and honeft purchafer : For remedy whereof,
I. Beit enabled by the General Ajfembly of the fate of North Carolina, and it is hereby enacted by the authori-
ty ofthefame^ That from and after the firft day of March next, it fhall be the duty of the Entry-taker to
infert the date of the entry in the body of the warrant -, and the Secretary of State' fhall, and he is here-
by required in iffuing grants for lands, in all cafes whatfoever, to infert in the body of fuch grant the date
of the entry, where fuch date fhall appear on the warrant returned into the office ; and if any Entry-taker
thall iffue a warrant contrary to the direftionsof this a£t, he, fhall forfeit and pay the fum of two hun-
dred pounds, to be recovered by adiion of debt, one half to the perfon who fhall fue for the fame, and
tlie other half to the ufe of the flate. ■ ' ^- ; '
n. Whereas difficulties have arifen in obtaining grants under the operation of the fixth feftion of an
aft, p^fied at the laft feffionof the General Affembly, entitled «* An aft to amend an a£l:, entitled an a£fc
to prevent the iffuing of grants for lands, entered with any of the Entry-takers in this ftate in certaiii
cafes, antf to prevent the iffuing warrants of furvey in manner as is defcribed," where the original cater-
er is dead, '<v removed, fo that the oath recjuired by faid adt cannot be made.
Be it further enacted^ That in all cafes where the original entcrerls dead, or where the claimant may 1796. 89
hold by aflio-nment of a perfon removed out of the (late, it (hall and may be bwful upon fuch claimant fil- Uor>J '
j^ngan affidavk to that efteil: in the Secretary's office, for. the Secretary of State .to iffue a grant upon war- gj[,g^p^ "^ '|g"j'
^/ijants fo returned for ?11 entries made previous to the firft day of January, one .thoufand feven hundred ^^ daimant is
land ninety-fo.ur. Provided^ That the warrant correfp(?nds fulhciently with the tranfcript retun-.iid under an assignee,
■^thefaida£l to the Secretary's office, by the Clerk of the county courts. Provided alfo. That grants ^^ow grants
"^may iflue to perions claiming lands entered in the counties of Guilford and Chatham, previous to the year p*^ !""^"
4^e thoufaml feven hundred and eightj-tl\ree, although there may be no tr^fcrJpt with which the war-
rant may or can be i:ompared,
III. And whereas warrants have In feme inftances been loft, that have iffiied upon entries made in the 1801, 2,
j^pks now in poflefEon of the Clciks pf the county courts, and others never iflued, fo that titles cannot be
.p$r,fe(9;ed to the lands fo claimed : For remedy whereof. Be itjurther enacted^ That it fliall and may be Remedy
lawful for ,ai)y perfon claiming lands under fuch jcircumftances, to make application to the court of the wi^ere warrants
.<;p,unty in whofeoiUce fuch books are lodged, for a fecond warrant j and if it fliall be made appear to the or where m>t
,ifi^tisfa«3:ion of fuch.courtj by. the infpe<51:ion of the books, that fuch entry was made, and that the party issued.
•ha4 been legally entitled to receive a warrant, and it fhall alfo be made appear, by the oath of the fur-
yveyor or fpme credible .witnefs, that fuch warrant has been kjft or deftrpyed, that it (hafl be the duty of Hepea'ed 1798
ihe.cpyrt to prder the Cleifk to iffjie a lecpnd warrant.of the lame tenor and date of the one fo loft or de- fgoi^'i^^'"^
iftrpygd, flating in the body thereof that the fam.e is a duplicate j which warrant fhall iUue under the feai
;<?£ .tJTie court of the county, and thejame iTiaU be as valid as if Iflued by the Entry-tajier ; and the furvey-
j^r making return of plats and fury.ey under fuch duplicate, It (hall be his duty to note the fame particular-
ly thereui ; a.i>d the Secretary iflliing any grant or grants thereon, fhall recite In the face of the fame, that
the fame Is iffued under a duplicate warrant by virtue of this atb, and liable to become null and void. If at
any future time It ftiall appear th^t a grant had bepn cbtalned on the original warrant ftated to have been
lati or deftroycd as aforefald.
IV. Arid be it further enacted^ That In all cafes where It fliall appear by the Entry.taker's books, that a Where war.
warrant hath npt iflued by the. Entry-taker, the Clerk by order of the court Is hereby diredled to iflue war- 1"^"'* ^^^*"°*
^•ants in the fame rnanner 93 by the firft fe£tion In this -ah 4Ire£l:ed, to the perfon or perfons who may ap- iak'e^rf'how to"
,, ply for the fai;ne ; .and the Clerk of the court fliall.he entitled to demand and receive the fum of four ftiil- be issued.
Jihgs In full for all fervlces In this behalf.
V. And whereas lands now In the counties of Wilkes, Burke and Buncombe were formerly liable to
.bi? entered, and may have been entered with the Entry-taker of 'Wafliington and Greene, in the ftate of
,T?>rn^fle,e: And whereas frauds may be attempted under colour of warrants from the fald counties of Precautions a-
Waflungton and Greene:_ For a prevention whereof, Be it enacted by the authority aforejaidy That every gainst entries*
pcrlon clalmlug lands In either of faid counties of Wilkes, Burke or Buncombe, under colour of an entry ""^"^^ incertaio
.made In Wafliington pr Greene, Ihall previous to making a furvey thereof, produce to the court of the ''°""''"'
. iPp.^Tity In which the land lieth, a majority of the juftices being prefent, his warrant, and make it appear
^y his own oath and pther tefllmony where It can be procured, that the purchafe money for the land
.claimed hath been paid to the Entry .taker, and thersupon the warrant Ihall be counterfigned by the
.Clerk, and thereafter be held a good .warrant. Provided neverthe/e/s, That all fuch furveys fliall be made
jag,reeable to the location : And provided al/o, That any grant obtained on a warrant counterfigned as afore
faid, fliall be,^and the fame Is hereby declared null and void, in eafeit{Jiall afterwards appear that a warrant
had been previpufly Ifl'upd, and a grant at any time obtained thereon.
VI. Aiid to prevent grants being ifliaed upon feigned or forged warrants, Be it enaBed, That It fliall ^'^'<^^^ ^-^r '^e
be the duty of the Secretary of State to flay the Iffiiing of grants on all warants returned Into his office, f ^^^'^ '" ''^"
^purporting to be figned by any Entry- taker of the counties of Wafliington and Greene, whereof he may '""''*^^''*
.e?itertain any doubts of their being genuine, or not afiually figned by any of the faid Entry- takers ; and
in all fuch cafes it fliall be his duty to lay fuch warrants before the next General Aflembly, who will
take fuch order thereon as juftice and the Intereft of the ftate may require.
. VII. And wh^re as by the faid aa, lands entered and not paid for, for a certain time therein limited, re- Time forpay-
y^rt again to the ftate and may again be entered by any perfon on procuring the certificate therein pre- >"«« of pur-
i^ribed from the Treafurer; and it has, happened in divers inftances, from a want of general publication '=''*''' ""^^y*
of faid law in time to enable the citizens to provide for the payment of their lands, the claims of many
perions have lapfed and become void : lor remedy whereof.
90 1796. Be it en.iBed, Fhat all entries of claims for lands which hare been made In any of the coutities of this
O'-v^*.; ftate after the'eighth day of Februar)', one thoufand feven hundred and ninety-five, for which the purchafe-
money hath not been heretofore paid to the ftate, may yet be paid for at any time during the prefent
feffion of the General AfTembly, or within twelve months after the rifmg of the fame : and the public
Treafurcr fliall be, and lie is hereby required to receive the purchafe-money for all fuch entries as afore-
faid, and to grant receipts for the fame, in like manner as he would have done had fuch entries never
lapfed and become void under the operation of the a£t aforefaid. Provided, that no fuch receipt of the
purchafe money flull operate in bar of, or to the prejudice of any entry or entries which may have
been fince lawfully made for any of the lands of the aforefaid defcription,
VIIL Repealed, 1798, 4.
IX. And to the end that the names of the enterers of land in the feveral counties within this flatCy
Eitry-takprs to fince the eighth day of February, one thoufand feven hundred and ninety-five, may be known: Be iten^
fur.iish the _ a^gj /,y f}.g authority aforefaid, Tliat the Entry-takers of the refpeftive counties, fhall within twelve
re urn, &c. months after the expiration of the prefent feffion of the General Affembly, furniih the Treafurer with a-
cpraplete return on oath, of all the entries made in their refpeftive offices fince the (aid eighth day of
February, one thoufand feven hundred and ninety-five, either with themfelves or their predeceflbrs in
office, as fhall appear from the books in their poffeffion : for which fervice they Ihall receive an adequate
reward, to be fixed by the Treafurer and Comptroller, and to be paid out of the treafury on the delivery
of fuch return ; and annually hereafter, they Ihall make return of all lands entered with them as a part
of their official duty, for wliich they (hall claim no reward. And in cafe of the refufal or failure of any
Entry-taker to furnifh returns as by this acl required, he or they forefufingor failing, fhall forfeit and
pay the fum of one hundred pounds, to be recovered on motion in any court having cognizance thereof,
on the certificate of the Treafurer that fuch failure hath happened.
Duty of fur- X. And to remedy the neglefls and abufes ol Surveyors in certain inftances : Be it alfo enaBed, That
veyors, &c. from and after the puffing of tliis aft, whenever a warrant of furvey fhall come to any Surveyor m this.
ftate, he fhall asufual proceed to furvey tlie fame and fhall within thirty-days after fuch furvey is made,^
deliver to the perfon or perfons for whom the furvey was made, upon his or their application, and upo*i
his fees being paid, the warrant, together with two juft and fair plats of fuch furvey, under the penalty
of twenty pounds for each failure, to be recovered before any jurifdiilion having cognizance thereof, by
the party grieved.
XI, Repealed, 1798, 4.
Penalty on en- XII. Be it further enaBed, That the Entry- takers who have failed to make- their returns to the Comptrol-
try-takers who ler's office up to the eighth day of February, one thoufand feven hundred and ninety five, be fubjedled to
negfea tTnuke *^^ expence of having them fent for ; and that the Comptroller Is hereby authorized and empowered to
murnv fend for all fuch as are net filed in his office onor before the firft day of March, one thoufand feven hun-
dred and ninety-feven ; and the meflenger fo fent, fhall be entitled to receive from the Entry-takers ref-
peftively,- ths fum of fix pence per mile for every mile he fhall travel in going to and returning from
their place of refidence ; which fhall be paid by the Entry-taker, and on his refufing to pay the expence
aforefaid, the perfon demanding the return fhall file his affidavit wdth the Treafurer, who fhall pay the
fame, and fliall enter up judgment againft them for the amount of ftich expences as in other cafes. Pro-
vided, That in cafes where the Entry-takers have given up their books without retaining copies,. that then
and in fuch cafes the exprefs fliall apply to the Clerk of the court for tlie returns of lands entered with the
Entry.taker which the Comptroller may have required, who fhall furnifh the fame under his hand and the
feal of the county ; and for fo doing he fliall be paid agreeably to the labour, tO' be judged of by the
Comptroller.
XIII. And whereas all the books of the entries of land made previous to the eighth day of February,
one thoufand feven hundred and ninety-five, are by law directed to be lodged with the Clerks of the feve-
ral county courts, who may refufe the infpedlion of the fame tO' the perfons defirous to have reference
Penalty <in thereto : For remedy whereof, Be itfurther enacted. That each and every Clerk within this ftate, having
clerks refusing the poffeffion of the faid books pf entries, fhall on application fearch the fame, under the penalty of fifty
boo'ks! ° ^""^^ pounds, to be recovered to the ufe of tlie perfon fuing for the fame ; and give if required a true copy of
any location ; and take and receive for every fearch one fliilling, and for his fervices in making out a co-
py of every location the fum of one Ihilling, and no more.
XIV. '/Ind be it further ena^ed, That all entries of lands made fince the fifteenth day of November, one 1796. 91
thoufaiid feven hundred and nirety-feven, whereon grants have not already iffued, iTiail he furveyed as a- u,*-v-0
forefaid, and the works appertaining thereto fhall be returned into the Secretary's office, and grants pro- Time for sur-
cured thereon on or before the firfl: day of January, which fhall happen in the year feventeen hundred and ^^^ ^'i.uiesT'
ninety-nine } and in cafe of failure or negledy all fuch entries fhall thence forward be held and deemed
utterly void and of no efFeiS ; and fuch lands (hall be liable to be entered again by any perfon as vacant ^
land, although the purchafe money may have been once paid to the flate : and in all cafes of entries which
may be hereafter made, it Ihall be the duty of the claimant or owner furveying the fame as aforefaid, to
complete his title by taking out a grant for the fame, or fo much thereof as may be found to be vacant Duty of enter,
land, within two years from the date of fiich entry, otherwife fuch entry and claim fliall then becoiHe ut- ers in com-
terly null and void fo far as relates to the property in the faid land-, and the lands included therein fhall pletmg titles^
be held and deemed vacant land to all intents and purpofes, as fully as if fuch entry had never been made.
Provided always, That this aft fhall not intend to afJefl: the claim of perfons holding entries weft of Pi-
geon-river, in Buncombe county, or of perfons holding warrants fof military lands, warrants for lands en-
tered entered in the office of John Armflrong, late Entry-taker of weflern lands, or the claims of orphans,
feme covertSy or perfons irtfane.
An actio amend the mU'itial^'ws af this, ftafe. CHAP. 8;
7he whoky except thiSthfectiotty repealedy 1800, 28, 180J, 9. 1803, 11.
VI. And whereas it frequently happens that the officers of the militia do not attend and hold *^^"^ J^"^f'Jgj°]^,°^'
feveral courts-martial as pointed out by law: Be it therefore enacted. That after due notice by the Ad- ^^'^^,^^\l^^^:
jutant, the officers of each regiment or battalion in this ftate fo noticed as above mentioned, failing to niaiual,
attend the court-martial direded by the commanding officer, each and every officer fo as aforefaid not
attending, fhall forfeit and pay the fame fums as they are- compelled to pay for not attending mufters.
An aBto authorife the Secretary fo ijfue grants for military Imis in the manner therein defcrihedy and to direct cHAP. 9.
the Secretary and Comptroller to iffue ivar rants in certain cafes therein mentioned.
WHEREAS by an aft' of Aflembly pafTed in the year one thoufand feven hundred and eighty-two, 1^82, 3;
entitled " An aft for the relief of the officers and foldiers in the continental line, and for other l, i784,l^
purpofes therein mentioned,"" a certain quantity of land was given to each officer and foldier of the \^}^^\^ [^
North-Carolina line of continental troops, as a reward for their perfevering zeal and fignai bravery ; and ^2.
by feveral a£ts of this flate certain bounds have bfeen defcribed within which they were authorifed to lo-
cate and fui'vey the fame : And whereas great danger has at all times fmce the paffing faid law, until
verj lately, attended the exploring and furveying thefe lands, by which means the furveys have been
inaccurately made, and two or more grants have ifTued for the fame trades :
I. Beit therefore enacted by the General Affembly oftheflaleofNorth-iZarolinay and it is hereby enctcted by the ^j,^j^,^„jg
authority of the fame, That it fhall be lawful for the Secretai^ of State, at any time before the Congrefs j,^^^ ^een be-
-of the United States fhalf open an office for the fale of their lands within the bounds prefcribed by the fe- fore granted-,
veral ads of this ftate whefeon the officers and foldiers of the late North-Carolina line of continental ]^^;'J^8""^*°
troops may locate their Warrants, to examine any grant iffiied to any officer or foldier, or their reprefenta-
tives, in the manner herein after required ; and if it {hall appear that fuch grant has been iflued for lands
previoufly granted, he fhall ifTue another grant to the prefent owner of the fame for the kke quantity of
land.
II. And to enable the Secretary to judge when it fliall be proper fo ifTue fuch other grant i.- Be it further proceedings in
enaBedy That when any perfon holding lands under a military grant, fhall procure two certificates of a order to obtaia
fworn Surveyor, certifying that the whole or any part of faid lands has been previoufly granted, he or "^^ gi'ant.
they may then caufe a location to be made for the amount of the land fo previoufly granted, in the booke
of the Surveyor of the military lands kept for the purpofe of receiving military locations, on fuch vacant
- land as he may think proper, within the bounds aforefaid ; and the faid Surveyor is hereby required
to receive and make fuch location, and to receive and file one of the certificates Of the Surveyor as his '
authority for making the fame, and ffiall then proceed agreeable to law to furvey and return the land
fo entered to the' office of the Secretary of State, who is hereby required to receive and file the other .
certificate of the Surveyor, and endorfe at large on the old grant that the land therein granted,, or a cer-
tain defcribed part thereof, were previoufly gtaiited, and'fign the fame : Au^i" were the whole has been
92 1796. previoufly granted, he fliall file the old grant in his office, and (hall then proceed to iffue a tiew grant
^^^•v**^ for the whole or a part, according to the deficiency, in which he ftiall recite the feveral circumftances,
and fhall caufe the fame to be recorded in his office, firft making fuch marginiil note3 -in the record of
the old grant as fhall explain the furrender of the land for which a new grant is iffued.
Where war. III. And whereas many of the warrante that have iflued for the lands granted to the officers and fol-
raiits have ban ^Iqj^ have alfo been loft or deftroyed : Beit further enabled. That in all c^ife^ where warrants have hereto-
fore been iflued by the Secretary of State on the claims of officers and foldiers for lands, and fuch war-
rants have been Ipft or deftroyed, it fhall and may be lawful for the perfQn in whofe name the warrant
ifTued, or the perfon who may now be the legal or equitable claimant of the land reprefented by the faid
warrant, to receive from the Secretary of State a 'fecoud warrant, of the fame.tenor and date of the ope
fo ifTued and loft or deftroyed, on fuch claimant making affidavit himfelf, or fhe\ying in a fatisfaftory
manner by the depofition of others, that fuch warrant hath been .loft or deftroyed, and aifp fetting forth
in his own affidavit, that he or fhe hath made or caufed to be made, diligent enquiry and fearch in all
the offices wherein fuch warrant might be depofited or millaid, and that the fame cannot be found; and
it Ihall be the duty of the Secretary of State upon fueh evidence and application, to iffixe a fecond war-
rant as aforefaid, noting in the face thereof that the fame is a duplicate. Provided al%uaysy That any
grant obtained upon fuch fecond warrant, fhall be and the fame is hereby declared to be void, fhould
it be made afterwards appear that the firft warrant was returned either at the time of the application for
the fecond warrant, or at any time afterwards i and it fhall be the duty of the Secretary to note in the
face thereof, that the fame is ifTued under the authority ,e>ft|ii? aft, reciting the tjtle thereof, ;^nd liable,
to become void as is herein and hereby provided. .;
Where war- ^^' And whereas warrants have in many inftanjCes ilTued on entri,es made in the late office of John
rams issued Armftrong, and have by accident been loft or deftroyed, to the great injury of the claimants: For reme-
fromArm- dy whereof. Be it further tnaSedy That in all cafes where warrants have heretofore been ifTued by the
ha°e1>e °'l'^^ ^^'^ -^^^^ Armftrong, and fuch warrants have been loft or deftroyed, it fhall and may be lawful for the
perfon in whbfe name fuch entry was miide, or the perfon who may be the bona fide, equitable or legal
owner or claimant of fuch entry, on making affidavit himfelf, or fhewing in a fatisfadiory manner by the
depofition of others, that the warrant ifTued on fuch entry hath been loft or deftroyed, and that he or
fhe hath made or caufed to be made diligent fearch and enquiry in the Secretary's and Surveyor's offices
where fuch warrant might bedepofited or miflaid, and the fanie cannot be found, to receive from the
Comptroller a fecond warrant of the fame tenor and date of the one fp ifTued and loft or deftroyed ; and
it fhall be the duty of the Comptroller, on. fuch evidence and application, to ifTue fuch warrant, noting
on the face thereof, that the faid warrant is a duplicate. Provided al-vjaysy That any grant obtained up-
on fuch fecond warrant, fhall be and the fame is hereby declared to be void, fhould it afterwards appear .
^ at any lime, that a grant ifTued on the firft warrant alledged to he loft or d.eft.royed ., and it fhall be the
duty of the Secretary to note in the face thereof, that the -fame is iflued under the authority of this aft,
reciting the title thereof, and liable to become void as is herein and hereby provided.
Grants notto 'V- And be it further enacled, That in all cafes of entries for land with John Armftrong in which waj- ;
hsue &c. rants have been iflued, no grants fliall be had on the fame unlefs jt appears by the Comptroller's certifi- ;
cate, that, agreeably to Mr. Armftrong's hooks lodged in |his ,o^ce;, or otlier fufljcipnt tcftimouy, the
purchafe-money hath been paid, ,
Purchase mo- Y^' ■^"'^ whereas warrants have been detained or j-efufed by the faid. John Armftrong, .owing to the i
ney on entries purchafe-money not being fully paid : Be it further enacted, That it fliall and may be Inwful for any perfon ,
ill Armstrong's •who has made an entry or entries in tlie late office of the faid John Armftrong, or the legal or equitable Jl
Vai"to^he^^ claimant of the land fo entered, to pay unto the Treafurer of the ftate, in certificates, the ainount .or ba-
5 "Caiurer, &c. lance of the purchafe. money due for fuch entry or entries, intercft on which muft ceafe at the time tlie
entry WuS made ; a.ul that the Comptroller be direfted to credit the account of the faid Armftrong, and
charge the Treafurer with the faid payment -, for which payment the Treifurer fliall give a receipt, fpecify-
ing the confideration t' ereof ; and it'fhall be the duty of the Comptroller, when the claimant fhall pro-
duce fuch receipt, to ifTue the warrant fo detained for non-payment.
CHAP. 10. ^ii act io provide for the appointment of Clerks and Mailers in Equity in certain cafes ; (indfor bringing all
flatefuttsin the Superior Court for the dijlrict of Hill/borough.
Mann«r of f,l.-I. 'tl ^ ^*' enabled by the. General ^Jfetnbly of the fate of North-Carolinay and it is hereby enabled bf
ling vacancies. jQ> the authorityof the fame, That in all hiftances which may have happened or hereafter may happen,
' It
where the ofHce of a Clerk and Mafter in Equity fliall become vacant af a time when fuch court is not 1796. 93
fettin^, it fliali be in the power of any two Judges of tlie fuperior courts, to appoint fuch perfon as they L»«^-*0
Ihall think proper to adl in faid office until the next term and no longer ; and that the Judges who may <" "'Kce of
prefide in fuch court at the next term after fuch appointment, may and fhall in open court appoint feme ter hi^e'li-'"^^'
perfon to faid olBce, who fhall hold tlie fame during good behaviour. &c. ^*
II. Jnd be it further enacted^ That the officers appointed by virtue of this aifl, fliall take the oaths, and xheir qualiS-
cive bond and fecurity for <he faithful perfoimance of their duty i|i office, in the. fame manner as is abrea- cation.
dy prefcribed by law. - , -..
. IIL And be it further enabled, That all fults brought by the Treafurer on behalf of the ftate, may Suits may be
rfee brought in the fuperier court for the diftrid of HiUfborough ; any law to tlie contrary notwithftand- xr°eafureHn
jng. HiHiborough
sup. court.
An aSi tofecure property to religious focieties or congregations of every denomination. CHAP. 1 1 .
WHEREAS feveral donations have been given by divers perfons for the ufe of promoting fundry
religious focieties and congregations in this ftate, and no perfon being legally authorized to re-
cCeive and appropriate the fame agreeable to the intentioTi of the denor,: Be it enacted by the General' AJfem- etfgs^may
bly of the Jlate of North-Carolina^ and.it is hereby enacted by the authority of the fame ^ That it may be lawful choose trusteas.
for any religious fociety or congregation in this ftate, if they ftiall deem it neceflary, at any time to ele£l
any number of perfons they may think proper as truftecs for their refpedlive focieties or congregations,
from whofe body they may have been eledted ; and all perfons fo appointed, or their fucceflbrs in office,
are hereby vefted with full and ample power to purchafe and hold in truft for fuch fociety or congregation
to which they may belong, any lands, houfesor tenemerrts, and to receive gifts and donations of any na-
ture oi kind whatfoever, for the ufe and benefit of fuch fociety or congregation. Provided neverthelefs,^ Power ofthe
That by virtue of this aft no fingle congregation or fociety fliall hold more lands than in value fiiall a- t^Hstees,
mount to the fum of two hundred pounds yearly, and in quantity to two thoufand acres, all which {hall
be fubje£l to taxes like .other land,
II. And be k further niaBed^ That it may be lawful for truftees a£ling under the authority of this a£l:, May sue and
;tofueand be fued for the recovery of any gift or donation that has heretofore -or fhall hereafter be given, ''^ ^"^d' ^<^*
whether real or perfonal property ; and if any recovery fhall be made by the f;?id congregation or focie-
ty, or their truftees, fuch recovery :{hall -enure to the fole ufe of their refpeftive focieties .or congregations
to which they may belong.
III. And be it further enaBedy That it {hall be lawful for fuch religious focieties or congregations, at Trustees to
any time they may think proper, to caufe the faid truftees to account for all fuch property, of any nature account, &c.
or kind whatfoever, that may have been committed to their truft ; and in cafe of refufal or negle£l: when
•required fo to do, it (hall be lawful for the fociety or congregation to ele£l: any number of perfons as a-
gents in behalf of faid fociety or congregation, to bring fuit for the recovery thereof.
IV. And be it further etiaBedy That all lands, houfes, tenements, gifts or donations, of any kind orna- Donations to
ture whatfoever, that have been heretofore cr may hereafter be given, granted or otherwife confirmed '■f''g'0"s sccie-
or conveyed to any religious fociety or congregation, or to any of the members thereof for the ufe of the *^" '^^'^fi'^mef},
faid fociety or congregation, fhall be hereby deemed and held valid in law to convey to the faid fociety
or congregation, or refpeflive focieties or congregations, the abfolute eftate of all fuch property as may
have been intended to be made or exprefTed in fuch deed of fale, will or gift. Provided neverthelefsy
That nothing contained in this aft fhall tend to affeft the claim or claims of any other perfon or perfons
except the donor, his heirs or thofe claiming under him or them from whom the refpeftive focieties or
congregations may have derived their titles ; And provided alfo, That nothing herein contained {hall be fo
.conftrued as to extend to the eftablifhment of any -church or religious fociety or congregation in any wife
whatever.
.An aEl to amend an tiEl., paffed at Hillfboroughy in the year 0fie thoufand feven hundred and eighty-threey entitled, CHAP. 12.
*' An aft to enforce the attendance of jurors in this {late; to provide for their fubfiftence in attending j 1783^ n^
alfo to afcertain the pay of witnefTes attending courts, and other purpofes." 3, 1779/6.
i. TJ E '^ enaBedby the General AJfembly of the fate of North-Carolina^ and it is hereby enaEied by the o?/- Manner of as-
thority of the fame y That in future every perfon being lawfully fummoned, who fhall attend any""^"?'"S'
o( the fuperior or county courts of this ftate, as a -witnels in any fuit (thofe wherein the ftate is a party ex-of wimefsesT
&c.
94 1796. cepted) fiiall at each court before the Clerk thereof or his lawful deputy, afcertain by his or her own
v-*nrO oath or afEmation, the fum due for travelling to and from court, attendance and ferriages ; which (hall
be certified by the Clerk or his lawful deputy, and on failure of the party at whofe inftance fuch witnefs
■was fummoned, to pay off and difcharge the fame previous to the departure of the witnefs from the court,
it fhall be lawful for fuch witnefs to fue for and recover the fame from the party fummoning him or her,
, ■ at fuch time as he or fhe may fee proper, before any jurifditf^ionMving cognizance thereof j and the cer-
tificate of the Clerk or his lawful deputy, fhall be fuificient evidence of the debt. Provided aJivays, That
in any cafe where recovery may be had before a Juftice of the Peace, on a witnefs ticket or certificate, it
fhall and may be lawful for fuch Juftice, having previoufly defaced fuch ticket by writing the word judg-
ment in large letters in the face thereof, to deliver the fame to the perfon againft whom recovery is had
thereon,
bin of ^^^^^ " ■ ^' -^"^^^ it further enaBed, That at the court at which any caufe fhall be fully determined, the par-
jic, ' ty in whofe favour judgment fhall be given, fhall file or caufe to be filed the certificates of the attendance
of witneflbs in the Clerk's office •, the amount whereof fhall be taxed in the bill of cofts, to be levied and
recovered for the benefit of faid party ; any thing to the contrary notwithftanding.
ceecT^"' '°' ^^^' -^"^^^ it further enaEied, That all witnefles Vho have attended in any fuit commenced previous to
suits already *° ^^ paffmg of this a£t, and not yet determined, fhall be at liberty to prove their attendance at the term
commenced. of the court next enfuing the paffing of this a£l, or at any other court that may happen before or at the
determination of fuch fuit, and the amount of fuch certificate fliall be taxed in the bUl of cofls, to be re •
covered in manner as heretofore by law eflabliflied.
Manner of ap- i\r, And whereas complaints are made of the mode now in ufe of appointing jurors to attend the fu-
to'supefjor "^^'^ perior courts of this ftate : Be it enaBed, That from and after the firft day of June next, the Juftices of
court, each and every court of pleas and quarter- feffions in this ftate, when about to appoint jurors to the fupe-
rior court of the diftrifl, fhall caufe to be written on fcrawls of paper, the names of a number of freehold-
ers of their county, double the number required to be appointed ; and the fame fhall be put into a box
and be drawn out by a child under ten years of age, or fome other perfon ; and the names firft drawn
out, amounting to the one half the whole number in the box, fliall be the names of the perfons to fervj
as jurors at the fuperior courts refpeftively. Provided neverthelefs^ It fhall not be lawful to appoint as
a juror to any fuperior court, any perfon who may have ferved as fuch at the preceding term of the court,
or is a party in any fuit pending therein : And if notwithftanding the provifion hereby made to the contra-
ry, any perfon difqualified as aforefaid fhall or may be appointed, it is hereby declared to be the duty -
of the Judges of the faid fuperior courts, to difcharge him or them from attending fuch court as a juror
or jurors.
CHAP. 14. ■An a£i for appointing Comrfil/Jtoners to extend the boundary line of this fate and the fate of South-Carolina, R£-
PEALEDy 1803, 6.
CHAP. 15. An aB to amend and explain an a5l, paffed at Raleigh, in the year one thoufand feven hundred and ninety-four^ \
entitled «« An aft to prevent the further importation and bringing of flaves or indented fervants of co-
• lour mto this ftate.
WHEREAS by the conftruaion of the before recited aft, doubts have arifen, whether perfons
fituated near the Virginia or South-Carolina lines, and who have fettled plantations within the ^
limitsof the faid ftates, have aright to remove into the ftate of North-Carofina, the flaves or indented ]
fervants of colour which they held previous to the paffing of the faid aft, without incurring the penalties ■
therein contained : And whereas, it is prefumed that perfons thus fituated, were not contemplated as
coming within the meaning of the faid aft :
Oath to beta- I- Be it enaBed by the General Afembly of the fate of North-Carolina, and it is hereby enaBed by the authorim
i<tix by per!,ons ty of the fame, Thatirom and after the paffing of this aft, it ftiall be lawful for any perfon or perfons «
''hiil^rs ^cl- ''^^'"S "^^'' ^^® Virginia and South-Carolina lines, and having fettled plantations within the limits of ei- ;
felina hringing ^^er of the faid ftates, to remove their flaves or indented fervants of colour into the ftate of North-Caroli-
slaves into this na, at any time hereafter, upjn their taking the following oath or affirmation before fome Juftice of the
state. Peace fo; the county in wlilch thay refide, to wit : "I. J. B. do folemnly and fincerely fwear or affirm,
that the flaves or indented fervants of colour now brought into this ftate, were bona fide my own property
previous to the aft of AfTembly paflfed at Raleigh, in one thoufand feven hundred and ninety-four, enti-.
tied " An aft to prevent the further importation and bringing of flaves, or indented fervants of colour 1796. 95
into this ftate," and that I have not brought the faid flaves or fervants into this ftate for the purpofe of fel- Vi^nnO
ling them or evading the intentions of the faid aft."
An aB granting further time for regifieringgrantSi proving deeds and mefne conveyancesy alfo bills of fale and CHAV. 16.
deeds of gift, vjhich have not been proved and regijiered within the time heretofore appointed by law.
I, TJ E it enabled by the General Ajfembly of the fate of North-Carolina and it is hereby enaBed by the am • Further time
_J3 //5'2>r//')»?/^^f/a»/^, That all grants for lands which have not been regiftered within the time allowed ferreg-
heretofore appointed by law, (hall and may within two years after the paffing of this aft, be admitted **^""S S^^*""*
to regiftration, and fhall be as good and valid as if they had been regiftered within the time heretofore
allowed by law.
II. And be it further enacted. That all deeds and mefne conveyances .of lands, tenements and heredita- And proving
ments, not already proved, acknowledged and regiftered, fhall and may within two years after the paffing '^^^'^'s-
of this aft, be acknowledged by the grantor or grantors, his or their agent or attornies, or proved by 1785, 12.
one or more of the fubfcribing witnefTes to the fame, and tendered or delivered to the Regifter of the "^Jf^' ^'^^
county where fnch lands, tenements and hereditaments lie; and if the witneffes or parties hve out of 1^93 j'^. *
the ftate, and the deed or conveyance be acknowledged or proved before a Judge of the fuperior court I800, 12.
of the county or ftate in which the party or witneffes liveth, and the Judge certifies the fame ; and there ^^^2, 2y.
is an atteftation of the chief magiftrate of the ftate or county, certifying that the perfon figning as Judge
holds the faid office, it fhall be lawful for the Regifter of the county where the land lieth, to record the
fame at any time within two years after the paffing of this aft : and all deeds and mefne conveyances
whatever, which fhall be acknowledged or proved and regiftered according to the directions of this aft,
ftiall be good and valid, and take effeft as fully, to the ufe and benefit of the grantees, their heirs and
affigns, as if fuch deeds and conveyances had been acknowledged, proved and regiftered agreeable to
the direftions of any aft heretofore made.
III. Be it further enacted. That all conveyances of land the pofTeffion whereof hath gone with fuch con- Manner of
veyance, and the witneffes fhall be dead before the fame is proved, may be proved by fimilarity of hand- proof where
writing of the grantor or one of the fubfcribing witneffes of fuch conveyance. ^"^^''^^^ ^"^^
IV. And be it further enacted. That all bills of fale taken, and deeds of gift made, and not already re- xime allowed
corded in manner required by law, fhall have a further time of twelve months allowed for probate and for record of
regiftration, and fhall when thus authenticated and perpetuated, be held and deemed as valid, to all in- t"'"- o* sa'.eand
tents and purpofes, as if they had been proved and regiftered within the time required by an aft paffed "* * ° S' ^'
at Fayetteville, in the year of our Lord one "thoufand feven hundred and eighty-nine, any law ufuage or
cuftom to the contrary notwithftanding.
An aB to amend the ftxteenth feBion of an aB paffed in OBohef, one thoufand feven hundred and eighty-four, en- CHAP. 17.
titled, <' An aft to empower the county courts of pleas and quarter-feffions of the feveral counties with- g 1^134 14
in this ftate, to order the laying out public roads, and to eftablifh and fettle ferries, and to clear out
inland rivers and creeks."
J 1 j E // enacted by the General Ajfembly of the fate of North-^Carolina, and it is hereby enacted by the authori- „ ,
fj ty of the fame. That from and after the paffmg of this aft any five Juftices in any county within this ed to five Jusii-
ftate, fhall in open court have and poffefs all the powers and authorities given or intended to be given by ces.
the fixteenth feftion of an aft paffed in the year one thoufand feven hundred and eighty-four, entitled
** An aft to empower the county courts of pleas and quarter-feffions of the feveral counties within this
ftate, to order the laying out public roads, to eftablifh and fettle ferries, and to clear out inland rivers and
creeks," in as full and ample a manner as the majority therein expreffed might have exercifed.
H. And be it further enacted. That the Commiffioners appointed for the purpofes aforefaid, fhall give Notice to be ^
notice at leaft three days previoully, for all perfons to affift and woirk on any inland river or creek, agreea- ?'^^" '*'°''^
bly to the intention and ipirit of the aforefaid law ; and if any perfon or perfons ffiall thereafter obftruft penalty on
the free paffageof boats, by falling trees or by any other means whatever, he or they fo offending, fliall causing ob-
forfeit and pay the fum of five pounds, to be recovered by the Commiffioners aforefaid, and by themap- strudions.
plied to the purpofes of clearing out and making eafy the navigation of their inland rivers and creeks ref-
peftively ; any law to the contrary notwithftanding.
CHAP. 18.
Commissioners
appointed to
settle tlie boun-
dary with Ten.
nessee, &c,
1789, 3.
96 1Y96. An act for appoinpng commijfioners to fettle the hotindary line between thisjiate and thejiate of Tenneffee.
WHEREAS it isneceflary to prevent difputes between this (late and its citizens, that the boundary
line between this ftate and the (late of Tenneffee fliould be accurately and diftin£lly marked out,
and permanently eftablifhed.
I. Be it therefore enabled by the Gemral Affemhly of the fi ate of North-CarcHnay. and it is hereby enaEled by the
authority of the fame. That Jofeph M'Doweil, Muflendine Mathews, and David Vance be, and they are
hereby appointed CommifTioners, to meet the Commiffioners who are or may be hereafter appointed by
the ftate of Tenneffee, at fuch time and place as (hall by the faid CommifTioners, or a majoricy of them,
be agreed on ; and with them to fettle all and every difference, controverfy, difpute and claim that may
subfift or arife between this ftate and the ftate of TennelTee with refpe£l to the boundaries ; and to fix
and permanently eftabli(h the boundary line between the two ftate?, and the fame to mark and a fcertain as
diftinflly as pofTible, agreeable to the true intent and meaning of faid boundary between this ftate and
the ftate of Tenneffee, as defcribed in an a£l, entitled *« An aft for the purpo(e of ceding to the United
States of America certain weftern lands therein defcribed." And the Commiffioners on the part of this
State, fliall caufe an accurate plat or plan of the faid boundary line to be made, fpecifying the courfes,
diftances, natural and artificial marks, and return the fame to the next General AfTembly, to be preferved
among the archives of the ftate. Provided neverthelefs. That the afcertainment of the faid line, ihall not
aifecl the titles of any perfon to lands entered in either of the faid ftates. And this ftate will at all times
hereafter ratify and con(irm all and whatever the faid ^Commiffioners, or a majority of them, (hall do in
and touching the premifes, and the fame fliall be binding on this ftate.
II. Be it further enacted by the authority aforefaid^ That the Commi(rioners appointed by this aft, fhall for
their perfonal fervices be allowed the fum.of forty (hillings per day ; and the faid CommilTioners, or a ma-
jority of them, are hereby authorized and empowered to employ fuch furveyor or furveyors, and fuch
chain- carriers. and n;iarlcers, as they, or a ma;jority of them (hall deem necefTary. And the faid Commif-
fioners are hereby inverted with every necefTary pov/er to efFeft the purpofes before mentioned in this aft ;
and there (hall be allowed to each furveyor appointed by faid CommifTioners, or a majority of them, and
he (hall be entitled to receive thirty fhillings per day 5 and for each chain-carrier or marker, twenty (hil-
lings per day, for every day they fliall be employed in running and making the line aforefaid.
III. Be it further enabled by the authority aforefaid, That in cafe of death, refufal to aft, or refignation of
any of the CommifTioners hereby appointed, the Governor is hereby authorifed and required, as fpeedily
as maybe, to appoint another Commiflioner or CommifTioners for the purpofes aforefaid.
IV. Be it further etiaBed by the auth(»-ity aforefaidy That the Governor for the time being, (hall as foon
notify the Ex. as may be in his power after the ratification of this aft, tranfmit a copy thereof to the Governor or Exe-
""■ ' cutive of the ftate of TeuneiTee, accompanied with a letter of requeft, that the ftate^of TennefTee may im-
mediately proceed to take fuch nieafures as may be necefTary to effeft the appointment of Commiffioners
on their part, to aft jointly with thofe appointed by this aft. But if it.fl>all fo happen, that the ftate of
Tenneffee fliall fail to appoint Commiflionera to aft as aforefaid, in adjufting amicably the boundary line
of the two ftates ; or if commifTionerf appointed on the part of the ftate of Tenneffee (hall fail, or refufe
to aft with the Commiffioners herein appointed for efFefting the purposes of this aft, the Commiffioners
herein and hereby appointee}, are authorized, empowered and required, flngly a.id by themfelves, to pro-
ceed to take all and fingular fuch meafures, as under the laws and conftilution of this ftate, and the laws
and conftitution of the United StJites, may be taken or had for cfTefting the purpofes intended and had in
view by this aft.
V. Andbeitfurther enaEled by the authority aforefaid. That the Governor (hall ifTue bis warrant to die
Treafurer for the fumof two hundred pounds, and fuch further fum as the Governor and Council may
deem necefTary, to be paid to the faid Commiffioners, or any of them on tlieir declaring to him that they
are ready, or about to proceed to run and eftablifh the faid line. Aiid the Conamiffioners fliall lay an ac-
count of their expenditures before the fucceeding General Affembly.
Allowance to
Commission-
ers, & powers
given them.
Vacancy of
Commissioners
how supplied.
Governor to
ecutive of
Tennessee, &c
CrantofiMo-
ney.
CHAP. 19.
1, 1-84, 26.
2, 1-84, 5.
An aEl to enforce the duty of InfpeElors in this flate, and other purpofes therein mentioned.
WHEREAS many Infpeftors in this ftate, do appoint perfons toaftin their ftead and room, to in-
fpeft beef, pork, tar, pitch, turpentine, &c. to.the great injury of the credit of the aforefaid
articles
Inspeaornot ^* ^^ '' enaEled by the General Affembly of thejiate of North- Carolina, and it is hereby enacted by the authori-
to appoint aaiy ty ofthefame^ That it (hall not be lawful for any perfon appointed infpeftor, agreeable to the aft of Af-
Jembly for eftabliflijng InfpeGors, to appoint anypevfon or perfons to ?.(fl; in faid ofEce of inipcclida un- 1796. ST
der him or them ; but it fhall be the duty of every Infpeftor fo appointetl, to attend perfonally to the in- v.**»v-'»»,»
fpe£lion of all articles or produce, which the faid inrpetSlor is entitled to infpeft. And if any Infpect- «her person to
or Ihall employ any perfon or perfons to ztl as aforefiiid, fuch Infpector fliall forfeit and pay the fuin of '"^^^ "
one hundred pounds, to be recovered by action of debt in any court of record having cognizance thevedf, ^['^pf' „_
for every fuch offence, one half to the ufeof the flate, and the other half to the perfon fuing for the g' ^^g^' 5/
fame.
II, And v/hereas doubts arifeas to tine fize of barrels for the purpofe of fiui : For remedy whereof, Sizeoffish-bar-
£e it enacted. That all barrels for the purpofe of fi/b, fhall be of tlie following dimenfion, to wit — Each rels.
barrel fliail be at leaft twenty- ^ight inches in length, and each barrel head- fli ill be feventeen and one
half inches diameter, and fhall contain thirty gallons, and made .in a workman-like manner, and full
of good found fifli, witli a fufHeient quantity of fait ; any law to the contrary notwithftanding.
An aB to amend nn act, entitled <' An-atS: for afcertaining the damage of protefted bills of exchange." CHAP. 22.
S. "F) E it enaBed by the General Affhnbly ofthejictte of Korth-Carolina, and it is hereby enaFced by the au- 1741, ]6.
_^j thority cfthefame. That where any bill' of exclumge ihall hereafter be drawn by any perfon re- isterest on pro.
Tiding in this flate, for the payment of any fura of money ii any of the United States, in which the va- tested iiills of
lue.is or fnall be expreffed-to be received, andluch bill fiiall be protefted for non acceptance or non-pay- e^''»«S«'
ment,Wie fame fliall -carry^intcreil from the date thereof after the rate of fix per cent, per annum until
the money therein drawn 'for fliall be ftilly fatisfied and paid.
II. And be it further enaSied, That where any bill of the foregoing defcription which {hall hereafter be Damages,
^rawn, fhall be protefted as aforefaid, there fhall be paid unto (uch perfon or perfons as flrall have right
to demand tire farr.e, for his, her or their damage in that behalf fuftained, after the rate often percent,
on the fum exprefled in the faid bill, together with. the coft and charges of proteft, and no more.
Ill- And be it further (naEled, That jt fliall and may be lawful for any perfon or perfons having a right Manner of pro.
to demand any fum of money due vfpon a protefted bill of exchange of the defcription aforefaid, to com secuting.
mence and profecute an action for principal, intereft, damages and charges of proteft, againft the draw-
er and endorfers jointly vpr againfl either pf them fe.parately, and judgment fhall and maybe given accord-
An aB to amend an aB^ entitled " An aft for afcertaining the method of proving book-debts." CHAP. 23.
WHEREAS by tlie before recited a£l:, In all trials at law where tTie caufe of aftlon Is a book ac-
count, and the plaintiff has no means of proving the fame but by his own oath, fuch oath Is fuf-
ficient evidence for all articles that have been delivered within two years before the aftion brought, but
not for any article of a longer ftanding, and no other or further time given to the executors or adminif-
trators, whereby great inconvenience may arife to the eftate of a deceafed perfon : For remedy wherof,
I. Be it enacted by the General Afembly (jf thi Jla'e of North-Carolina^ and it is hereby enacted by the Kovf hook-
authority of the fame. That from and after the pa ffmg this aft, in all trials at law where the caufe of ac- debts may be
tion may be a book account, and to which. executors or admimftrators may be either plaintiff or defend- dencebyexecu-
ant, and two years from the delivery of the articles have not elapfed previous to the death of the deceaf- tors, &cv
ed, in thaf cafe fuch executor or adminiftrator, on proving that he found the account fo ftated on the ^^^g ^
books of the deceafed, and that he belieires the fame to be juft, {hall be at liberty to give fuch account '
in evidence, either where he is plaintiff In the fult, or where fuch account maybe pleaded as a fet off
againft the demand of the plaintiff, although more than two years may have elapfed previous to the bring-
ing fuch aftion; provided fuit is brought -thereon or fet off pleaded within one year after the death of
the deceafed or adminiftration granted j any law, ufage or cuftom to the contrary notwithftanding.
An aBto direB the mode of conduBing dif^uted eleBions in thisfiate, and todireB the mode of prefenting petitions chAP. 24.
to the Gtneral Affembly in certain cafes.
I- T> E it enaBed by the General Affembly of the flate of North-Carolina, and it is hereby enaBed by the autho- !„ disputed e-
JJ ^'Xy «>/ tkefame. That from and after the pafTmg of this aft, it (hall not be lawful for any perfon leftions, notice
to vacate the feat of any member of the General Affembly, who has taken his feat in confequence of the ^ '^ 2»^^" ***•
return of the Sheriff of his county certifying thathe is duly elefted, unlefs the perfon or perfons who may V^^^^'
A a ' *
98 1796.
Witnesses ■
compelled to
attend. — Pay.
In appHcationj
to the assembly
in certain cases
notice to be
given.
Also in certain
private afts,
CHAP. 25.
Commissioners
appointed &c,
1783, 20.
Ante p. 36.
intend to difpute fu^h eleclicn, fhall give to the member or members whofe eleSion he or they intend to
difpute, thirty days notice previous to the meeting of the General Aflembly, of Inch his intention, virith
the groa.id on which the fame will be difputed ; and that the fame notice of time and place now required
in taking depofitions at law, (hall alfo be required and proven on fuch inveftigation ; ai'd all affidavits
taken without due notice as aforefaid (hall be deemed improper evidence, and not fuffered to be read in
fuch inveftigation.
II. And whereas in cafe of petitions to the General Afiembly for the eftablifhing offeparate places of
ele£lion and general mufters, it is highly necelTary that notice of fuch proceedings fliould be made known
to the people : Be it therefore enaBedy That in all cafes where a petition of petitions are prefented to the
general Aflembly for the eftablilhing a place or places of feparate eleftions or general mufters, or for re^
moval of the feat of the courts of juftice in any of tlie feveral counties in this ftate, or for the ere£ling of
a tollroad, ferry or bridge, or of any other public matter wherein the county at large is Concerned, fuch
petition or petitions (hall not be received, unlefs it (hall be made appear on oath, that previous notice of
fuch intention to apply to the General Aflembly, fhall be notified at the door of the court-houfe, and at
two other public places at leaft, of the county wherein fuch proceedings are new arrangements are to take
place, at leaft thirty days before the fitting of the then next General Aflembly. Provided, that fuch notice
given at the door of the court-houfe, during the fitting of the court, at any fhorter period, fliall be fuffici-
cicnt. And in cafe when application is intended to be made to the General Aflembly by petition, where
the intereft of two or more counties are concerned, fuch notice fhall be given as aforefaid in both the faid
counties ; and when the intereft of the diftri<ft is concerned, notice of a fimilar nature fliall be given at
the door of the diftrift court-houfe, during the fitting of tlie fuperior court which (hall next fit preceding
the meeting of the next General Aflembly.
III. nd be it further enacted. That when any private z€i is applied for, afFe£l:ing the right of ahy perfons
other than the perfon or perfons fo applying, notice fhall be given by the perfons fo applying, of their in-
tention, to the perfon or perfons whofe rights may be affedted by the pafling of the fame.
An aB to appoint commi/ftoners of navigation for OM Topfull Inlet, in the county of Carteret.
E it enaEled by the General A(fanbly of the fate of North-Carolina, and it is hereby enaEled by the au-
thority of the fame. That Nathan Fuller, David Hall, Bryan Hillan,. Elijah Bell, and Micajah
Pigot, Efquires, be, and they are hereby appointed Commiflioners of navigation for Old Topfal Inlet ;
and they, or a majority of them, which on all occafions are hereby declared to be a quorum, fliall be,
and they are inverted with all and fingular the privileges, rights and emoluments with refpedt to the pilot-
age of the faid Old Topfail Inlet and its navigation, which any Commiflioners of like nature in this ftate,
Irave a right to ufe or exercife. And the faid Commiflioners of Old Topfail Inlet, are hereby declared to
be inverted with all and fingular the powers and authorities, which any Commiflioners of navigation have
a right to exercife by an a£l of the General Aflembly, pafled in the year one thoufand feven hundred and
ninety three, entitled " An aft to prevent the introduftion and communication of contagious difeafes,"
any thing to the contraty notwithftanding.
I.
CHAP.
Justices em-
powered to
bind out certain
children.
CHAP. 29.
J. 1/84, 22.
An act empsisering the county courts of pleas and quarter-feffions in this fate, to bind out to proper perfons, the chil-
dren of thofe •ivhodefert tlxir families.
WHEREAS it appears to this General Afliembly, that great inconvenience and heavy charges arife
to the citizens of this ftate, by perfons deferting their wives and families, and leaving them
burthens on the wardens of the poor :
I. Be it enaBed by the General Affembly of the fate of North-Carolina, and it is hereby enaBedby the authority
of the fame. That where any perfon fliall defert his family, leaving them without fufiicient fupport, and
be abfent from them for the term of one year, or where application may be made to the wardens of the
poor for relief, and the faid wardens fliall certify the fame to the court, the Juftices of the feveral courts
of pleas and quarter-feflions within this ftate, fhall have power and authority, and are hereby required,
upon complaint being made to them of any family being fo deferted, to bind out to proper and fit perfons
the child or children which may be fo left or deferted.
An act to make further provfton for the JVidoius of intefateSm
WHEREAS under the prefent exifting laws. It is in the power of the adminiftrator to expofe to
fale the whole crop and provifions of the deceafed, and thereby deprive the widow of the means
of fubfiftence for herfelf and family;
h Sett maBedhy the General AJl'kmhlysf thejfatt of North'CarcUnai arid it is herehy enacted by the atd^^^ 1796. 99
fy offhefdme, That in all cafes vhere a man fhall die inteftate, leaving a widow, it flrall and may be law- v-»-v->0
ful for the widow to take into her charge and pofieffifth the whole of the perfonal eftate of fuch inteftate ; Widow allow-
and it (hall be lawful fbr the faid widow, to ufe fo much of the crop, ftockand provifions then on hand, ^^ P^^^^^^ssion
as may be abfolutely neceiTary for the fupport of herfelf and family, until fuch time as letters of admin- taterf intes.ate
iftration are or may be granted on the eftnte of her deceafed hufband, when her right to the pofleffion t'U administra-
of the faid perfonal eftate by virtue of this aft, (hall ceafe. Provided always, that it fliall be confidered """ '^ granted,
the duty of the widow claiming under this aft, to apply for adminiftration upon fuch eftate, at the firft
court which fhall be held after her hun>and's deceafe, in the county in which be ufually refided.
II. Be it further enacted. That it ftiall and may be lawful for fuch widovr, at the fame court when let- WlienaJrfi-
ters of adminiftration are granted, to petition the faid court to appoint one J uftice of the peace and three '*',""" '^*^''"^'
freeholders, unconnefted with the faid widow ; whofe duty it ftiall be to view the eftate of fuch inteftate, aliouront^t^r"
and to allot and point out fuch part of the crop, ftock and provifions as they may conceive neceflary and one year.
adequate for the fupport of the widow and family, for the fpace of one year ; and under their hands and
feals make return to the next fucceeding court of the quantity and articles by them laid ofF, and alloted
to the widow and family ; havirtg firft taken an oath, that they will faithfully and impartially to the
beft of their knowledge and abiHty, give and apportion to faid widow and family, fo much or fuch part
of the crop, ftock and provifions ais they may deem neceflary for die fupport of the widow and family for
one year, and no more.
III. And be it farther endBed, That fuch apportionment or allotment ftiall veft in tlie faid widow an ah* Rrg-it invested
folnte right therein to her own ufe and the ufe of her children, where there may be children ; but ftiall re*- '" the widow
Verthelefs be returned in the inventory of faid eftate by the adminiftrator therein, notifying that the fame '" ^""^^ ^''^^"
has been allowed and given the widow for her fupport ; which notification and return of the perfons fo ™^"'' *^'.
appointed by the faid court, (hall exonerate fuch adminiftrator from being accountable for the fame,
either to the claimants upon the eftate of the deceafed or creditors, and fliatl not be confidered as aflets
in their hands for which they ftiall be liable or accountable ; and that the faid part or portion of the ef-
tate fo given to the widow, fliall not debar her from the diftributive fliare now allo\ved by law.
An aB to amend the feveral acts now in force refpecting the piUtage of Cape-^ear bars arid river. CHAP 3 1 .
!• "O^ it enaSled by the General Ajfembly of the Jlate of North-Carolina, and it is hereby enacted bv the authority iy'^'^ 21
X3 "/ the fame, That the commiffioners for regulating the pilotage and navigation of Cape-Fear ri-j^fg J con^imls.
ver, fliall call in all branches or commiflions heretofore granted to the bar pilots, on the twenty-third day sions tobe '
of January next, at a meeting to be held for that purpofe in Wilmington, of which they are required to granted to
give due notice;- and the faid Commiflioners ftiall iflue to the faid pilots now in conamiflion, and hereafter ^^;^^-F"'' ?'•
to fuch perfOnS as may apply and prove themfelves properly qualified, diftinft branches confined to one ° ^
bar alone— that is to fay, to certain pilots for the main- bar only, and to certain other pilots fot the New- ^^^' ^^'
Inlet bar only;: from which faid twenty-third day of Jantiary, the former btanches or commiftions are
hereby declared to be utterly void : and in cafe any pilot fhall hereafter offend againft this aft, by carrving
a velTel over a bar other than that to which he is appointed, except fhe be in aftiial diftrefs atVea,
i^ch perfon fhall forfeit double the value which the Veflel fo unlawfully pilotted was liable to pay.
II. And be it further enaEled, That after the faid twenty-third day of January next, there fliall be paid" "Rates of pilot-
to the bar pilots of Cape-Fear river for bringing veffels over the faid rnain bar, and mooting, them at' ^2^'
Smithville, (if mooring fhajl be-required) and for bringing veflels over the bar of the New-Inlet, and moor-
ing th^ at Five Fathom Hole, (if mooring be required) and the fame for taking vefTels out to fea fron*
Smithville, and Five Fathom Hole, the following rates, to wit, for every vefTel not drawing above fix feet
water, two pounds two fhillings and fix pence •, every vefTel drawing above fix feet and not e^fceeding
feven feet, two pounds five fhillings and fixpence ; every veflel drawing above feven feet and not exceed-
ing eight feet, two pounds ten fhillings ; every veffel drawing above eight feet and not exceeding nine
feet, two pounds eighteen fliillings ; every veffel drawing above nine feet arid not exceeding ten feet
three pounds feven fliillings ; every Veffel drawing above ten feet and not exceeding eleven feet, three
pounds fifteen fhillings ; every veffel drawing above eleven feet and not exceeding twelve feet, four pounds
ten fliillings ; every veffel drawing above twelve feet and not exceeding twelve and an half feet, five
pounds ; every veffel drawing above twelve and an half feet and not exceeding thirteen feet, five pounds
Jfeven fliillings ; every veffel drawing above thirteen feet and not exceeding thirteen and an half feet fi.ve
1
100 1796. pounds fifteen {hillings ; every veiTel drawing above thirteen and an half feet and not exceeding fourteen
<-»'vO feet, fix pounds four {hillings ; every veKel drawing above fourteen feet and not exceeding fourteen and
an half feet, fix pounds thirteen {hillings ; every velTel drawing above fourteen and an half feet and not
exceeding fifteen feet, feven pounds two {hillings ; every velTel drawing above, fifteen feet and not ex-
ceeding fifteen and an half feet, feven pounds fourteen {hillings ; every velTel daawing above fifteen and
nn half feet and not exceeding fixteen feet, eight pounds feven fliillings ; every veiTel drawing above fix-
teen feet and not exceeding fixteen and an half feet, eight pounds eighteen {hillings ; every velTel drawing
above fixteen and an half feet and not exceeding feventeen feet, nine pounds ten {hillings j every vefTel
drawing above feventeen feet ^d not exceeding feventeen and an half feet, ten pounds eight fhillings ;
every xeffel drawing above feventeen and an half feet and not exceeeding eighteen feet, eleven pounds
four {hillings ; every veffel drawing above eighteen feet and not exceeding eighteen and an half feet,
twelve pounds ; every velTel drawing above eighteen and an half feet and not exceeding nineteen feet,
twelve pounds fixteen fhillings ; exery veffcl drawing above nineteen feet and not exceeding nineteen and
an half feet, thirteen pounds eighteen {hillings ; every veffel drawing above nineteen and an half feet and
not exceeding twenty feet, fifteen pounds ; and for every veSel drawing above twenty feet water, at the
rate of four {liillings for every inch in addition to the faid fum of fifteen pounds.
Regulations III, Atid be it further ehaEledy That the Commiffioners aforefaid fhall h^cv^ power, and they are hereby
respeaing authorlfed and required, to determine and make known on the twenty-third day of January next, and
' thereafter as occafion may require, to the pilots of the Main and New-Inlet bars, how many decked boats
are necelTary for the attendance on them refpe£i:ively ; in each of which decked boats any number of faid
pilots, not exceeding three, may a£l and be concerned as partners or joint o^'ners ; and fuch of the pilots
who fliall firft provide themfelves jointly or feverally with proper decked boats to be produced to and ap-
proved of by the CommifHoners, {hall be entitled thereafter and as long as they keep fuch boat or boats in
conftant repair, and ufe the fame in attending the faid bars, an advance of fifteen per cent, upon the above
rates ; and if any of the faid pilats who have fumifhed himfelf or tfiemfelves with one or more good fuf-
ficient decked boat, {hall fail, negleft or refufe to keep fuch his or their boat or boats in con{tant repair,,
and to make ufe of the fame in attending the faid bars refpeftlvely, it fhall not i>e laM'ful for fuch pilot or |
pilots to alk, demand or receive the above mentioned advance ; and {hould they or either of them. In cafe
of fuch neglect or refufal, aflc or receive the advanced rates, he or they {hall for the firft o{Fenee forfeit
and pay double the rates asked or received and for the fccond ofFence be {iifpended by the faid Comi{rioners :
all of which penalties before mentioned, fhall and may be recovered before any jurifdiftlon having cog-
/ nizance thereof-, to the ufe of the perfon filing for the fame.
Cotr.-nissioners IV. And to prevent further application to the Legi{lature for the regulating the rates of pilotage for^^
may raise rates Cape-Fear bars and river : Be it cnailtd by the authority aforefaid. That the {aid Commlflioners may ralfe ,
of pjiorr^^ &c. ^|.^g jj^jgg herein eftahli{hcd for the Main and *JsI,ewJnlet bars, and heretofore e{tabli{hed for the river, as':
much as in their judgment fhall appear proper and nece{rary, paying due regard to and msiking the dlftlnc--
tlon herein direded of fifteen per cent, or as much more .withii) the bounds hereinafter mentioned, be-*
tween thpfe keeping and ufing decked boats and thofe failing or negle.fSlIng fo to do. Provided, Suchr^
increafe of rales do not exceed thlrty-^three and Oi>e third per cent, on the rates of river pilotage heretoforej
by law eftablifhed, and on the rates of pilotage by this aft e{tabli{hed for the Main and New-Inlet bars j
jind provided alfoyThzt no ha.r pilot whatever, {hall be con<idered as obliged to take charge of any veflel
outward bound in order to pilot her over either pi the faid bars, until the pilotage for which fuch pilot
might or would be entitled to for fuch fervlce, be prevloufly paid him, or fatisfaftory fecurity for the
payment thereof be given him.
To give notice V, And be it further enoEied, That when the CommliTioners of navigation for Cape-Fear {hall make any
theieof. alteration In the rates of pilotage, they fhall caufe fuch rates to befet up in the office of the C.oUedor of
the port, and fliall alfo caufe the fame to be certified under their hands and annexed to the feveral pilot's.;
branches. .'
dause'"^ VI. And he if further emSed, That all afts, claufes and parts of ads coming within the purview and:
meaning of this act,' fhall be and they a^e hereby repealed and made void.
CHAP. 32. An aEl to punifi perfons for removing debtors ettt of one county to another, or out of the fate.
"HEREAS it often happens that debtors are removed from one county to another, and fometime;
entirely out of the {late, greatly to the prejudice of their juft creditors: For remedy whereof,
w
I. Be it (t7 acted by the General AJfemhly of ihejiate ofNorth-Carolinay and it is hereby enacted by the au- 1796, 101
thority of the fame. That from and after the ftrft day of IVIay next, when any perfon who has refided fix U*->r-!sJ.
months or more in any county of this ftate, fliall be about to remove out of the fame, either by land or iJuty cfper-
water, it fliall be his duty to advertife his intention of removal in at leaft three public places of the county, vbJg.^&c?'""'
■ten days previous to his removing, one of which advertifements fhall be fet up at the door of the Juf-
tice of the Peace to whom fuch perfon may intend to apply for a certificate of his having fo advertifed, or
■at fuch other public place on the premifes of faid Juftice as he may dired: And if any perfon or peifons pg^^jj p„ ^j,
fliall remove or knowingly affift to remove any debtor or debtors, out of the county in which he fliall have sistingsuch as
refided ior the fpace of fix months or more, who fhall not have advertifed himfelf in the manner as by this do not comi)!/,
aft required, and fliall have procured a certificate of the fame from under the hand of fome Juftice of the ^^'
Peace of the county, then fuch perfon fo removing, or knowingly afiifting to remove fuch debtor, fliall
be liable to pay all debts which the perfon fo removed might juflly owe in the county from which he was
removed : which debts may be recovered by the perfon legally entitled thereto by an aftion on the cafe.
Provided fuit fti^U be commenced for the f^me, within twelve months from the time the proof of fuch
removal fliall come to the krjowledge of Jtlve perfon to whom the debt was fo due j any law to the con-
trary not withftanding, , ■;'■ , "■ "•"
An aSf to repeal an aSf, entitled "An afl. to eftablifli a company for the opening the navigation of the Ca- chap. 32.
txwha. uvety' pajfed at Fayettevilhy in the year one that fandfeven hundred and eighty-eight. 1788 x6.>
WHEREAS thirty-four thoufand inhabitants of this ftate, in the counties of Burki, Lii>coln, Meck-
lenberg and Iredell, are much intereftcd in the navigation of the Catawba river and South Fork ;
and by their reprefentatives, for three years paft, have complained to the General AlTembly, that the
faid aft is injurious to them, and have endeavoured to obtain the repeal thereof ; and have reprefented, *
that the faid company inftead of opening the faid navigation for the dittance of one hundred miles of the
main river, and fifty miles of the Soutli Fork in this ftate, for the benefit of the faid inhabitants, fooner
than they themfelves might or would have opened the fame, which was probably contemplated by the
legiflature at the time the faid aft was pafled, have for many years altogether failed; and it is now repre-
fented, that the faid aft has operated to obftvuft and prevent the faid inhabitants from opening the faid
navigations themfelves, and that the faid aft has met the general difapprobation, and produced great
vexation in the minds of the people, among the numerous inhabitants aforefaid ; and whereas the faid
company, on notice heretofore given, have not ftiewn any fufiicient legal evidence of their havins: com-
plied with the intention of the faid aft; and whereas it hath been reprefented to this General Aflembly,
that no locks or canals are necefiary for the navigation of thofe rivers in this ftate, and that the inhabitants
who live within five miles, are able to remove the obftruftions, and open the faid rivers fufficiently for
boat navigation, with twelve days labour for each mat||f without aid from the piiblic, or afllftance of in-
corporated companies \ and have further reprefented, that the value of the produce of the lands in that
part of the ftate is greatly diminiftied for want of a conveyance eafier and cheaper than land carriage ;
therefore, that the immediate opening the faid rivers, is of great importance to the counties aforefaid ;
that the faid inhabitants are defirous to accomplifli the fame in the fpeedieft manner by their own exertions,
and have therefore by their reprefentatives of the fame counties, prayed this General Aflembly to repeal
the faid aft., and reftore the free navigation of the faid rivers, to be enjoyed as a valuable right and fran-
Chife very dear to the people, and that the fame may forever remain to themfelves and their pofterity, as
free as the light and the air they breathe : i
I. Beit therefore enacted by the General Affembly of the flate of North-Carolina^ and it is hereby enacted by the A«a repealed;
authority efihefamey That the faid aft be. and the fame is hereby repealed.
An aEljor adding part of the county of Stokes to the county of Surry. CHAP. 36.
^" T^^ ^^ WaBed by the General AJfembly of the fiate ef North..Carolina, and it is hereby enaSled by Pan of the
Jl5 ^he authority of the fame, That from and after tl>e paffing of this aft, all that part of the county of county of
Stokes lying fouth of the ^ adkin river, be, and the fame is hereby added to the county of Surry, to all ^'^°^^^ ""^^^
intents and purpofes whatfoever : but nothing herein contained, fliall prevent any Sheriff, or other col- 1770"'!^' '^'
leftor of any public or county tax, from proceeding to the colleftion thereof, in the fame manner and '
under the fame reftriftions as if this aft had never paffed, any thing to the contrary notwithftanding.
B b
102 1796. CHAP. 38
CHAP. 69.
Time of hold-
ing courts,
1790, 7.
An aSi to annex part oj Richmond to Rohinfin county. REPEALED^ 1797, 13.
An aElfor altering the timt of holding the county courts c^ pleas and qunrter-jtjftons for the county of Edgconihe.
J ¥3^ it enabled by the General Ajimbly of the ft ate of North-Carolina, and it is hereby enaBed by the au-
f) thorityof the fame. That the firft court which fhall or raay be held for t]»e faid county of Elg-
combe, from and after the paffing of this aft, fhall on their adjournment, adjourn the faid court to the
fourth Monday in May next ; to which time all manner of things pending in the faid court (ball ftand
adjourned ; and the faid county courts of pleas and quarter-feflions to be held for the countv aforefaid,
fhall in future be held on the fourth Mondays in February, May, Auguft and November j any law to
tlie contrary notwithftanding»
THETITLESOFTHEPRIVATEACTS.
13 An aa for 'mprovirg the r.avigation of Roanoke river, from
the to ATI of Halifax, to a point or place which ^hall be
one mile below the p!ace where the Virginia line interseds
the same.
20 An a« to encourage the cutting a navlgaljle canal from
Roanoke river, or the waters thereof, near the town of
Plymo'ith, to Pungo river.
21 An afl to improve the navigation of Cape-Fear river, and of
Deep and Hiw rivers.
26 An aa to facilitate the navigation of the Yadkin river, in
Montgomery county, by canals or otherwise, from the
mouth f Uharee td the upper end of Abraham Forres-
ter's mill-race.
27 An aa making compensation to the owners of outlawed and
executed slaves, for the counties of Bladen, Halifax,
Granville, Cumberland, Perquimans, Beaufort, and Pitt.
30 An aa making compensation to the county court J'urori, for
the counties of New- Hanover, Surry, Stokes, Randolph,
Chatham and Buncombe.
33 .\n aa to facilitate the navigation of the Yadkin and Pedee
rivers, from the mo-jth of Uharee to the Sonth-Carolina'
line.
34 A.n aa for improving the navigation of Tar river, from Tar-
borough upwards as far as the same can be eiFeaed.
35 An aaappijiuing Commissioners to sxtend the dividing line
between Bladen and Brunswick counties.
Z7 An aa for clearing out the Yadkin river, from the upper end
of Forrest's mill-race, as far up said river as shouldbe
deemed by a majority of the Commissioners mentioiiii
in this aft praaicable.
39 An aa to facilitate the navigation of Meherritt river, from
Princeton to Boyakin's Bridge, ,
40 An aa for making Hico river navigible, and for establish-
ing a rompany for the purpose of facilitating the same,
from the Virginialine upwards as high as navigation can
be effeaed.
41 An aa to improve the navigation of Great Cotentnea creek,
42 An aa to empower the county court of Moore, to appoint
persons to copy the books of the Register in the said
county.
43 An aa to aurhorize the E.-iecutors or Administrators of Tho-
mas Barret, deceased, late SheriflFof Northampton county,
to collea the arrears of taxes due from the inhabitants of
said county, for the year one thousand seven hundred
and ninety-five; and also the securities of Thortias John-
tton, deceased, late Slieriff of Onslow county, to collea
»he arrears of taxes due saidjSherilf for the years one thou-
sand seven hundred and ninety-four, and one thousand
seven hundred and ninety five.
44 An aa to establish a separa;e general muster and deaion ini
the county of Craven ; and to repeal part of an aa, enti-
tled, " An aa to establish separate general musters and e-
leaions in the counties of Craven and Beaufort," passed
at Newbem, in tl)t jear gne ihousauU seven handred and
ninety-two.
45 An aa to establish' a separate eleaion, and general musten
in the county of Ora-ige.
46 Anaa to amend, an J likewise to repeal part of an aa, pas-
sed at the last General A ssembly of this state, entided
AH aa granting the inhabitants of the county of Cum-
berland the privilege of a separate general muster ande-
leaion in said county.
47 An aa for laying off and establishing a town and inspeaion ,
of tobacco and other commodities, at or about the conflu*
enee of Oeep and Haw rivers.
48' An aa to establish a town and inspeaion of tobacco and flour
in Caswell county, near the mouth of Country-line creek,
on the land of A-sa rhomas,
49 An aa granting the inhabitants of Brunswick county the
privilege of separate eieaions ; and to amend the laws
for granting separate ele.f*ions in the county of Wilkes.
50 An aa to confirm the names of Oarby Swinney.
51 An aa to authorise the Governor of the state to call a court
of oyer and terminer at Wilmuiglon.
52 An aa to amend the several aas now in force for the rega-
lation of the to*n- of Hillsborough.
53 An aa to establish a town now laid off on the land of Mary
Griffen, and William Ashely, in the county of Robesoii,
54 An aa for clearing out the Great Swamp, in the county of
Robinson.
55 An aa to carry into effeft an aa, for erefting part of the
counties of Halifax and Tyrrel into one distria cou-nty
and parish, passed in the year one thousand seven hua«
hundred and seventy-four.
S^ An aa to appoint Commissioners to purchase land for a town
and town common, in the county of Rockingha.n, by the
name of Wentworth ; and for establishing the court,
house in said town,
57 An act authorizing the members (if the Episcopal Church in
the town el Newbem to appoint Trustees, and for other
purposes,
58 An-aa to incorporate St. John's Lodge, No. 1. of the town
of Wilmington in th's state.
.59 An aa granting the inhabitants of Buncombe county the pri«
vilege of separate eieaions.
60 An aa to repeal part of an aa passed in the year or.e thousand
seven hundred and ninety-two; entitled. An aa to grant
two separate eieaions and general musters in Currituck
county.
61 An aa to authorize the Trustees of Lumberton academy to
lay off and sell a part of the' town commons to raise a
fund for the purpose of building said academy .
62 An aa to carry into eff^a the petition of Thomas Smith, by
granting himadivorci: form his wife Sarah.
63' An aa to authorize Christopher Taylor, of the town of
Halifax to raise by way of lottery the sum of five thou«
sand dollars.
65 An aa to enjpower the county ccurt of Wilkes, Burke, Ire-
del, Montgomery, Onslow and Moore, to lay a rax for the
purjjQse of destroy ing wolves and panthers in said counties.
66 An a£l to pavJbn and restore to er^\l William Piles.
67 A& to repeal the seve-.nh secJimi of an afl, entitled. An aft
to establish two jilaces foT holcliiij;; general musters, and
eleflioiis for members of tlie General Assembly, in the
counties of Montgomery (ftd Richmond ,• and also to a-
mead the fifth section of the before recited a<ft.
68 An aft to authorize the wardens for the county of Edge-
combe to Uy a further tax for the purpose of building a
house or houses for the reception and maintenance of the
Poor of said oounty.
^0 An aA to appoint commissioners for the town of Hertfbnl in
'' Petqu'raans county.
71 An aii to appoint commissioners to prepare a house for the
reception of the poor in the counties of Duplin and Cam*
den.
72 An a<ft to empower the court of Robeson county, tolay a ts«
for the year one thousand seven hundred and ninety-seven.
73 An a<ft to g^rant a separate election and general muster to the
ishabitants of Wayne county.
74 An a£l to amend the laws now in force for the legBlation of
the town of Salisbury.
75 An z& for altering the names of certain persons therein men-
tioned. ^
76 An aft to establish s town on the lands of Jesse Henley, i»
the county of Randol^-h, at the court-bouse of said coun-
ty,
77 An aft for the further regulation of the town of Newbem,.
and to secure the coUeftion of taxes in the town of Hali-
fax.
78 An aft to prevenr the ebstrufting ths passage of fish up the
VVicacon and Chincopan creeks in Hertford county.
79 An aft to authorise Basil Smith lo collect the taxes accrued in
the couaty of Jones, for which Thomas Williams, late
SheriiT theresf, is liable.
80 An act to prevent the hauling of two seins at one place otv
the Roanoke and Yadkin nvers, and all the branches
thereof, withifi this slate.
81 An act to alter the names of VViU'iam Lea to that of Wilfi-
am UonohOi
82 An act to amend the acts of Assembly noW in force for the
regulation of Lincolnton,
83 An act for laying off and establishing a town and inspection
of tobacco fend oiher commodities, at of near Tison's m It
on Deep river, in Chatham county.
84 An act to re|)eal an act passed at Raleigh, in the year one
thousand seven hundred and nir.ety-five, entitled An act
to revive an act, entitled An act to empower the county
court of Gates and Person to lay a tax in said counties^
for the purpose of erecting the public buildings therein.
85 An act to appoint Commissioners to lay off and establish a
town at the place fixed uijori in Moore county for erect-
ing-the court-Uouse, prison and stocks of said coun»y; 1796. 103
and for directing the courts of pleas and quarter-sessions ,^__-^«
to be held there as soon as such ccnrt-house is compieted. ^^'^^^^
86 An act to authorize John Meich^r, of Cabarrus county, to
make a slope in his mill-dam on Rocky river.
87 An *ctto authorize and empower John Bond«, Edwrard Nich-
olson, Wilson Taylor and Drury Taylor, securities of
Elijah Duitnivant, late Sheriff of Nash county, to finisb
the collection of the public and other taxes of the said
county for the year one thousaitd seven hundred and nine-
ty-five. /
88 An act to establish a feny across the river at Montgomery
court-house on public days, and to repeal part of an act
passed last General Assembly for establishing separate
elections and separate general musters in the county
of Montgomery.
89 An act to amend an act passed at Raleigh, in the year one
thousand seven hundred and ninety-four, empowering the
county court of New- Hanover to lay a tax for the pur-
pose of destroying vermin.
90 An act to establish a toU-road through the Great Swamp in
the counties of Camden and Ciurituck, and to grant to
Thomas Lurry an estate therein for the term of" twenty,
five years.
91 An act to authorise the Commissioners of the town of Eden-
ton to grant Doctor Samuel Dickenson a certain water lot
in the said towHi "
92 An act to grant a separate el^tionin the county of Sampson,
93 An att for granting the inhabitants of Bertie separate gene-
ral musters and elections;
94 An act to empower William M^y, junior, late Sheriff of th6
county of Anson to collect all arrears of taxes due hun as
Sheriff aforesaid, for the years one thousand seven hun-
dred and ninety -four, and onfe thousand seven hundred
and ninety- five.
95 An act to authorise Daniel Camp, former Sheriff of Ruther.
ford county, to collect all arrearages of taxes due him ia
said county.
96 An act to authorise Isaac Jones, late Sheriff of Rowan county
to collect the assessment of the property in the town of
Salisbury-
97 An act to enable Richard Whitehouse, late Sheriff of Car-
teret county, to collect the airears of taxes due him as
Sheriff for the year one thousand seven hundred and
; ^ninety four.
98 Awlct to repeal the first and second sections of an act pas-
sed in the year one thousand seven hundred and ninety,
four, entitled, An act for the better regulation of the town
of Fayetteville,
99 An act to secure to Mary Barco, of Camden county, wife of
John Barco such estate as she may hereafter acquire.
Rsad three titaes, Mid ratified ia General Assembly, the 25th day of December, Anno Dbm. 1796»
B\ SMITH, s. s.
II. MATTHEWS, S, H. C,
104 1797.
I
EAMtJEi, ASHE, At a GENERAL ASSEMBLY, begun and held at Raleigh, on the twenti-
E^ ovcinor. ^^j^ j^^^ of November, in the Year of our Lord One Thousand ^>e,ven
Hundred and Ninety-Seven, and in the Twenty-second Year of the Inde-
pendence of the said State, Being the First Session of the said Assembly,
CHAP. 1 . Afi act to ra'tfe a revenue for the payment of the civil lift and cgntitigettt charges of the government, for the year
one thouf and [even hundred and ninety-eight. TEMFORART.
CHAP. 2. A?i acl to regulate the condnH of Grand Juries^ and authorifmg Coyrts of Record to (tdjudge th( payment of
cofls in certain cafes ^ empoivering Sheriffs to take bail on writs of ca^fts.
Court «.i dfcter- ^' "R^ '' enacted by the Generql AJfembly of the fate of North-Carolina^ and it is hereby enacted by the
mine on ma-, ff authority of the fame-, That when an indidment fhall be found by any of the Grand Juries within
licioLs prosccu- this (late, and a noli profequi zher-wzr As entered, it {hall and may be lawful, on application, for the court in
tions. which fuch indidment was prefered to fay and determine whether fuch profecution was promoted on fri-
volous or malicious pretences and grounds, if fo, to decree that the profecutor fhpuld be fubjeft to pay,
and difcharge the cofts thereof.
Witnesses' H. And be it further ena5ied, That when a prefentment (hall be made of any offence by the Grand Jury,
name endorsed upon the knowledge of one or more of tlieir body, the name or names of fuch Grand Juror or Jurors giv-
en a present- j^g information, fhall be endorfed on the prefentment ; and when any prefentment or information fliall be
made by the Grand Jury, of any offence upon the teftimony of a witnefs called upon by the Grand Jury
to give teftimony, the name of fuch witnefs fhall likewife be endorfed thereon.
Manner of per- iH* ^"d be it further euaBed, 1 hat no perfon iliall be arrefled or charged before any court, on a prefent-
sons being ment made by a Grand Jury, before the attorney ading for the ftate (hall prepare a bill, and the bill found
charged, j^y tj,g Grand Jury to be a true bill.
Sheriff may ^^ • ■^"^ ^^ itjurther enaBedy That each and every Sheriff v'ithin this flate, or his legal deputy, when
take bail on in- he fhall arreft the body of any perfon in confequence of the writ of capias iflued to him by the Clerk of
diflments if a any couit of record, on and from an indiftmenjjjrevioufly found, it fhall and may be lawful for faid She-
bailable offence, j.j^-^ ^^ j^j^ (j^puj-y ^ ;f ^^ crinie charged is bailable, to recognize laid offender, and take bail in nature of a re-
cognizance, for his appearing at the next fucceeding court of the diftri*^ or county where fuch offender i
ought to anfwer, and where fuch bill hath been found ; to be guided and diredled in this matter by the
fame rules and, regulations as have heretofore governed Jultices of the Peace.
Seals iirneces- ^ ■ ^"^ ^^ it further enaBed, That in all cafes where a Clerk of a county court ifTucs procefs to the coun- ^
sary to be affix- ty of which he IS Clerk, it fhall not be neceflary for him to annex the feal of his office thereto, neither fliall
cd to process in jt be necefTary for the Clerk of a fuperior court to affix the feal of his olhce to aijy procefs by him to be l
certain cases, j^^^j ^^ ^j^g counties compofmg the diflritt of which he is the Clerk •, and if any fuch feal fhould be not- \
withftandiog annexed, it fliall iiot be lawful to raifc any charge in the bill of cofts for the fame.
CHAP. 3. An aB to explain and amend an aB pajfed at Fayetteville, in the year one thou/and feven hundred and eighty-nine,
ir89, 57. entitled, « An Z.Q: dire£ling the manner of iffuing procefs in fundry cafes arifing in the courts of law and
courts of equity, and to direfl how joint obligations fliall Survive," and other purpofes, as may appear by tht
title and body of the faid aB.
How judgment !• D E if- enaBed by the General Ajfembly of the flate of North-Carolina, and it is hereby enacted by the author^
may be entered JJj ity of the fame. That in all cafes where an executor or adminiftrator {hall be fued, with a fur-
in certain cases, viving obligor or "obligors, in purfuance of the faid aft, and it may be necefTary that judgment fliould be '"
rendered againfl fuch executor or adminifl;rator, fuch procefs and judgment may be awarded againft the
fame, as if fuch executor or adminiftrator had been fued feverally, and Judgment may be awarded and
I
entered up againft the fiirviving obligor or obligors, as isufual in other cafes j fuch fpeclal judgment a- 1,797. 105
gainft the executor or adminlftrator notwithftanding. ^ V^r*-^**;
,11. And be it further emcted. That in ail cafes of joint obligations, or affiKnptions of copartners in trade,
■tst others, fuch faits may be brought, and profecuted on the fame againfl the whole, or any one or more of
fuch perfons making fuch obligations, affumptions, or agreements ; any law or ufage heretofore to the
contrary notwithftanding.
.An act to declare the law relative to the force and effect oftheprocefs fubpotna duces tecum, ani the powers of the chap. 4.
courts ofthejlate with regard thereto,
WHEREAS there a?e doubts in what cafes the procefs o^ fubpuetia duces tecum lies, and whether there
exift? in the courts of the ftate a power to enforce the f ame ; Por remedy whereof,
I. Beit enabled by the General Ajfembiy of the Jlate of North-Carolina^ ^nd it is hereby enacled.by the authority Courts have
1^ the fame, That in all caules in any of the. courts of the ftate, ,in. which the production of an original power lo ^ssne
paper lodged.inany of the public offices of the ftate, or ofany diftrift orcoainty therein, becomes neceflary j^"^""!^ °^ /"'"'
the faid courts have power toiflue the procefs oi fubpoena Juces tecum,..reqmnng fuch perfons as hold the cum,
faid offices refpeftively, to attend the court from whence, the faid procefs iflues with fuch original paper,.
in like manner, and under the fame penalties as. witnefj^s, are required ito ^tend incafes ,of .. fubpoena
to teftify.
^n act to amend0}e tiventieth fection of an, act, entitled " An a£l dir-efting the mode of recovering debts of chap. C.
twenty pounds and under. "
HERE AS the ..mode pointed out by the faid fedlion. for returning executions againft defendants Ante p. 57.
who have removed out of .the oonnty, appears inconvenient and injurious to many of the citizens
pf this, ftate. :
I. Be it etiaBed by the General Afenihly of the ftate of North- Carolina, and it is hereby enacted by the euthori' Manner of re-
ty of the fame, Tliat from and after thepaffing of this aft, it (hall and may be lawful for any perfon having moving judg-
a judgment or execution ag^ipft. any pevfon from a Jufticeof the Peace, and iQie faid defendant has no ^ceito^^^onr
property in the county wherein the fame may be levied, to return the execution to the Clerk of the court county to ano-
of the county in which judgment was obtained out of court ; and it ftiall be the duty of the Clerk to cer- ther.
tlfywnderfeal,theJuftice or Juftioes who gave judgment was an afting Jufticeor Juftices of faid county ;
on which certUkate any Juftice or Juftices in any other county in this ftate, ftiall and may award execu-
tion for the fums therein expreffed, againft fuch defendant or defendants ; any law to the. contrary not-
withftanding.
An act. to effect'th^ more Jpeedy decifioni of certain fuits in the courts of law and equity in Morgan and Salijbury CHA?. 7.
diftriSi. EXPIRED.
An act to empover executors and adminijlrators to convey lands in certain cafes. CHAP. 8.
*I. T>E itenaBed by the General Affemblyof the fate of •North-Carolina and it is hereby enaBed by theau- f;''^^"^^'^' ^'^'
Jf) thority of the fame, 'YVzt from and after the pafTmg of this a£l the executors or adminiftrators of j°e^s*fo^*landg
iny deceafed perfon, are fully authorifed and empowered to execute a deed or deeds -of conveyance for in certain cases,
any lands, that may have been bona fide fold by the deceafed, and for which he has given to the purchafer
a bond or bonds to convey the fame. Provided iz'id bond or bonds be firft proven in the court of the
county where the faid 'ands are fituated, if in this ftate ; if not, the bonds to be proved in the county
where the obligee lives or obligor died ; and which bond fo proven fhall be recorded and regiftered in the
Regifter-'s books of faid county ; and provided the deeds thus -executed, -(hall not convey other or a grea-
ter quantity of land or higher titles, than were fpecified in faid bonds ; and all deeds thus executed fhall
be as good and valid in law, as the fame would have been if executed by the original obligor. And pro-
t»yj/f<^ /j^, That xio executor or adminiftrator fhall be authorifed under this a£l, to execute titles previous
to the full payment of all the purchafe monies due for faid lands, if the bond of performance fpecifies that
the purchafe monies were to be paid before the titles fljculd be madej any law, ufi^e or cuftom to the
contrary notwithftanding.
An act altering the time o ( the^nnual General meeting of the Bifmal'Swamp Canal Company. CHAP. 9.
E it enaSledby the General Affembly oi the fate of North-Carolina, end H is hereby enaBed bv the au- '''^O, "26.^
•thority ofthefame^ That hereafter the annual general meeting oi the Difmal Srwamp Canal Com- An2i£et.
Co ;,,. .
B
106 1797. pany, ffiall be hdd on the £9urth Monday in October in every year, Inftead of the firft Monday InSep-
•^^ v— ' tember.
Dura'ion cf II. Be it further enacted, That this aft fhall continue to be in force fo long as a (imilar aft of the com-
thisaa, monwealth of Virginia {hall be in force.
CHAP. 1 1.
An:e p. 52.
P? rt of an at-l
Kvived.
CHAP. IS.
Ante p. 102.
Aaaifl repeal-
ed. . -
yin aBto revive and contimte in force fo much of an aSfy entiifed** An aft to cede to the United Stales of A-
merica certain land upon the condition therein mentioned, as cedes Beacon-Ifland and four acres of
land at the head land of Cape-Hatteras. "
"W J HERE AS the condition expreffed in faid aft, on which the ceflion of the land aforefaid was made,
W is not complied with, and it is deemed expedient that a further time be given to the United
States for erefting the. buildings on the faidifland, and four acres of land exprefled in faid ^ft :
I. Be it ena^ed' by the General AJfemhly of the fate of North-Carolina^ and it is hereby enaEied by the
authority ofthefamey That fo much of the above recited aft, as cedes the iiland called Beacon-Ifland, and
four acres of land at the head land of Cape-Hatteras, be and the fame is hereby revived and declared to be
in full force, any law to the contrary notwithftanding. Pro'inded always y and upon exprefs condition, that
die light-houfe and beacon, for the ereftion of which the faid land and ifland is ceded, fliall be erefted
within five years after the paffing of this aft, and be continued and kept up forever thereafter for the ufe
intended by the ereftion thereof.
An aEi to repeal an a£iy. entitled " An aft to annex part of the county of Richmond to Rdlbefon county, **
pa fed the laf feff$on of AJfembly.
WHEREAS the before recited aft was palled without the knowledge,, and contrary to the wifh of
thofe inhabitants annexed to the county of Robefon, and thereby fubjefted the^i to many in-
conveniences in attending courts and general raufters, and by their petition have prayed to be reftored to
the county of Richmond :
I. Be it therefore enabled by the General AJfembly of the fate of North- Carolina, and it is hereby ena&ed by the
authority of the fame, That the above recited aft,, and every part and claufe thereof be and the fame is
hereby repealed. ' '
CHAP. 14. An aB granting further time for proving and regijlering bills of f ale and deeds of gift.
_,. „ X. T5 E it enaEled by the General AJftmbly of the fate oj North-Carolina, and it is hereby enadled by the authority
bate, kc. cf \^of the fame,'Y\viX all bills of fale taken, and deeds of gift made, and not already recorded in manner
bills of sale, &c. required by law, fhall have a further time of two years allowed for probate and for regiftration ; andflial!
Ant 16 & when thus authenticated and perpetuated, be held and deemed as valid to all intents and purpofes, as if
afls cited. they had been proven and regiftered within the time required by any law of this ftate i any law, ufage or
cullom to the contrary notwithftanding. .
CHAP. 15. ^" all to regulate the Regifter's fees in certain cafes therein mentioned.
WHEREAS in many inltances the Regifter's fees are inadequate to the fervice done :
I. Be it enacted by the General Ajfembly of the fate of North-Carolina, and it is hereby enacted by the
■z, i/tj4, 7. authority of the fame. That in future the Regifters in each county in this ftate, Ihall and may take for re-
giftering each deed or grant where the conveyance is only for one traft of land, including tlie certificate
thereof, four fhillings ; but if the deed be for the conveyance of two or more trafts of land, he fhall be
Begisur'sfee:. entitled to receive the fum of four fhillings for the firft traft therein defcribed, and at the rate of one fhiU
ling for every other traft mentioned and defcribed in faid inftrument ; and in like manner for all copies
executed by him.
An a& to amend an aB, entitled " An aft to remedy cerlain inconveriences arifing under the prefent land
law, " pajfedin December, one thoufandfeven hundred and ninety fix.
I. T> E it enaBed by the General Ajfembly of the fate of North-Carolina , and His hereby enaBedby the authority
Xj of the fame. That all lands heretefore entered with any Entry-taker in this ftate, and which have
not been paid for, and all lands which fliall be fo entered in the courfe of the prefent year, and fliall not
be paid for, fhall continue and remain the property of the eilterers, their heirs and affigns, fo far as an en-
try without the payment of the purchafe money to the ftate, and without obtaining a grant, may be held
CHAP. 16,
Ante p.- 88.
1801,21,
Limitation of
land entiles,
<o veft a tide in the feme ; nor ftiall any futJi entries become void, nor (hall the lands fo entered revert to 1/97. 107
the ftate.j until the laft day of December, one thousand feven hundred and ninety-eight ; at which time, v.«-v>ij
and on which day, it is hereby exprellly enaifled and declared, that all entries now made, or wluch Chall ^nte p. 17, ^y,
be made up to the time aforefaid, that is to fay, that all entries now made, and which fliall be made up to ^o^'a^
the clofe of the year one thoufand feven hundred and ninety-feven, and which fliall not be paid for, (hall 1799^ u.
become null, void and of noneeffei^:, to all intents and purpofes ; and the lands which may have been 1801, 14.
entered and not paid for, Ihall, on the firft day of January, one thoufand feven hundred and ninety -nine,
be confideied as having reverted to the ftate, and as being vacant, and fhall be liable again by any petfon,
to enter a;nd fecure the fame j and in like manner it ihall happen yearly and every year, that is to fay, it
fliall be confidered that all lands entered in one thoufand feven hundred and ninety eight, fliall be paid for,
in all events, in one thoufand feven hundred and ninety-nine; otherwife, on the firft day of January, one
thoufand eight hundred^ fuch entries fliall lapfe, and the lands fliall revert to the ftate, and fliall be liable
to be entered again by any perfon wiftiing the fame, in common with other vacant and unappropriated
lands •, the lands entered hi each preceding year being in any event to be paid for in the following or
fucceeding one ; otherwife, and in cafe of failure, all fuch entries fliall become and fliall be held as being
null, void and of none effe£\ whatfoever;
II. y^nd be it further enaSied by the awhority aforefaidyThsX until the expiration of faid time, that is to fay. Treasurer,
until the arrival of the firft day of January, one thoufand feven hundred and ninety nine, the public Trea . ^^^" *" '*"^'"S
furer be, and he is hereby direfted to forbear to inftitute fuits againft fuch perfons as may have entered
lands in this ftate, and who have failed to pay the purchafe money for the fame, the a£l: of Aflembly of
one thoufand feven hundred and ninety-fix, dire£ting him to commence fuch fuits, notwithftanding.
III. And be it further enoBedy That the operation of fuch acis or claufes of a£ts, fo far as comes within ^uspending
the purview and meaning of this aft, be, and the fame is hereby arrefted and fufpended from this time *"***
until the faid firft day of January, one thoufand feven hundred and ninety-nine fliall happen.
IV. And be it further enaBed, That from and after the pafling of this aft, the clerks of the feveral coun- Clerk's fees.
ty courts, for ifluing warrants, granting a certificate, and affixing the feal of the county thereto, agreeable ^"'^ p. 8S.
to the fourth feftion of an aft, entitled " An aft to remedy certain inconveniences arifing under the pjefent
land laws, " fliall receive four ftiillings and no more for all the above fervices.
An a£l direEling how claims agaitifl the Jlate fhall be authenticated^ and their mode of payment ^fo far as refpeBs CHAP. 18.
Jailors^ Sheriffsy Coroners, Clerks of the Superior Courts, and Witneffesfor and on behalf of the Jlate,
WHEREAS the prefent method of making allowances to Jailors, Sheriffs, Coroners, Clerks of the
fuperior courts and witnefTes having claims againft the ftate, is found inconvenient, expenfive,
and frequently attended with great uncertainty ; For remedy whereof,
I, Be it enaBed by the General Ajfemhly of the Jlate of North-Carolina^ and it is hereby enaBed by the author- Claims against
ity of the fame. That all claims in future prefented for payment by any of the before defcribed perfons, fhall ^^^ staie how
be proven and authenticated in the following manner, to wit, the Jailor, when he hath a charge againft *"theiuicated
the ftate for confining and maintaining any perfon committed to the prifon whereof he is the keeper, fliall J*'^'"'
procure the certificate of the Clerk of the court where fuch prifoner was bound to anfwer, fhewing forth
for whatcaufe the criminal vras confined, how indifted, convifted, punifhed and difcharged, with the
feal" of the court thereto ; alfo a certificate from the Sheriff of the county where fuch criminal was con-
fined, ftating whether or not fuch criminal was poffefTed of any vifible property, either at the time when
the crime was committed, or afterwards, if any how the lame was difpofed of, and in what mannei" fach
prifoner was difcharged from jail; together with the affidavit of faid Jailor taken in open court, -fetting forth
his claim particularly, that he knoweth of no property fubjeft to faid cofts, and that he hath received no
fatisfaftion therefor. The Sheriff, or his deputy, when he ihall have a demand againft the ftate for fer- sheriff,
vices by him performed, in taking, fecuring, conveying or punifhing any criminal, it fhall be neceffary for
him to ftate at large the feveral items of his account, fwear to it in the court of the county whereof he is,
Sherifi^, fetthig forth that he hath received no fatisfaftion for his faid demand, and that there is no property
to his knowledge fubjeft to his faid charges. The Coroner, when he fhall prefer a charge for holding an Coroner,
inqueft, fliall make oath to his claim in the court of the county whereof he is Coroner, and procure the
feal of the fame to be thereunto annexed •, and when his charge is for performing and executing the du-
ties of a Sheriff', it fhall be authenticated in the fame manner and under the fame rules whereby Sheriffs Clerks ofsupe.
are bound. The Clerk of any fuperior court when he. fhall charge the ftate, it fhall be neceffary for him tior courts.
108 1797. to "(late and make out his daim at large, and fwear to the fame before the Judge or JuJges holding his
C«»*v">«J court ; fetfing forth in Iiis faid affidavit; for what caufe the prifoner was indifted, how punifhed or difchar-
The rest cf this ged ; that he believes there is no property fubje£t to the cofts of faid profecution, and that hp hath receiv-
ed no fatisfaftion for any part of faid claim ; which aiSjclayit fhall be fubfcribed by faid Clerk, and atteft-
ed by the Judge or Judges before whom it was made.
II. And whereas doubts have arifen refpe£ling Clerks of the foperier. courts and Sheriffs, for fervice^
by them performed on the part of the ftate ; to remove which, and to afcertajn with accuracy and precifion
faid fees 1 Be it further etiaBedy That each and every. Clerk of the above defcription, Ihall for fervices
-by him rendered in criminal matters, be allowed the following fees, to wit :^For indi£lment, calling the
-prifoner to the bar, charging or arraigning him, receiving and entering his plea at length the fum of ten
fliillings ; for each recognizance, two ihillings, to be paid fo far. as refpedts the perfon admjtted to bail
and his fecurities at the time when taken; for each fubpoena, two {hillings ; for the trial, entering up final
judgment, and ifluing a copy of the fentence of the pourt, eighteen fhillings j and, for ^ach continuance ot
an indiftment four. {hillings. " ~ .J
III. Andbeit jurther eNa^ed,Th3t each and every Sheriff within this ftate, or the perfon a£ling forand
fubftituting his place, {hall be allowed the following fees for fervices by them rendered on the part of the
ftate, t0 wit :-r^For apprehending any criminal, ten. IhiDings ; for conveying any perfpn in his cuftody, for _
a criminal ofl'ence, to the jail where fuch perfon ought to be conveyed, at the rate of iix-pence per mile ;
for each perfon compofing the Sheriff's guard, thi'ee pence per mile.; and four {hillings for each day fuch
Sheriff {liall maintain faid prifoner ; for carrying any fentence or decree of the court into execution,
where the convift is to be corporally punifhed, except that of .death, ten (hillings ; and for the execution
and decent burial of any felon, the fum of hve pounds.
IV. ^nd be it further enoBed^ That no claim aiithorifed by this aft, ihall be allowed until z fieri facias
seftioi Ttpeai-
eU, 1100, \7.
Clerk of sup.
court's fees for
state services.
Sherift's fees.
1, 1741, 245
2, 1784, 7.
1800, 19.
\^% 16.
Prcceedings
before claims
ed,&c,
'fo prev^Tit
frauds, &c.
Repealing
clause.
beallow- fl^all have iirft iffued to the county or counties. in which the criminal may be fuppofed to have owned pro-
perty, and the Sheriff's return that no property is to be found ; and if the criminal is at large without
taking the oath of infolvency, it {hall be the duty of the Clerk to iffue his writ of capias sod fatisfacundurn^
and the duty-of the Sheriff to arreft the body of the faid criminal, if to be found, and hjm confine until he
either pays off the coils of profecution, or difcharges bimfelf ..by taking the oath of irJolvency ; neither
{hall any claim be allowed under this aft after the expiration of tliree years next fucceeding the trial and
final deeifion of the profecution out of which fuch claim arofe ; andalhclaimsnow exifting, ihall be bar-
red after the expiration of three yearsnext after paffmg of this aft.
v. And in order to prevent frauds and impofitions : Re it further etta&ed. That all accounts and claims
rendered and made out under and by the authority of this aft, {hall be in words at length, without any
abbreviation ; and any claim, oemand or account rendered otherwife, fliall be held and deemed improper
and illegal. PrQv.ided, That this claufe fhall not be conftru.ed fo asto.affeft any clajin now exiHing, or
which may exift before the.firit day of June next.
VI. Repealed, 1799,6.
VII. Jtid be it further enured,' That all afts, ufages and cufloms coming within jthe purview and mean-
ing cf this aft, are hereby repeale.d and made utterly null and yoj4.
CHAP. 19.
Accessaries to
felonies, how
punishable, &c.
An a5t to provide far the puntfimffit of acceffaries to fthnies in certain cafes.
WHEREAS principal felons frequently efcape and elude the prqc^fs of law, whereby acceffaries
cannot be profecuted and puniflied : For.renaedy whereof,
I. Be it enacted by the General AJfembly of the fate of North-Carolina, and it is hereby enaSfedby the authority
of the fame, That from and after the paffmg of this aft, it {hall and may be lawful to profecute and punifh
anv acceffary to felony, as for a mifderaeanor ; to be punifiied by a fine not exceeding fifty pounds, and
corporal puniflwnent not, exceeding thirty-nine la{hes,or {tanding in the pillcry not exceeding two hours,
although the principal felon be not before convifted. of faid-felony ; which fliall exempt the offender from
being punt{lied as acceffary, if the principal fliall be afterwards convifled.
II. And whereas felons are much encouraged to the commiifion of enormous crimes, becaufe many
perfons make it their bufuiefs and trade to receive and buy of fuch felons tlie property by them fo feloni-
oufly taken, and alfolo make it their bufinefs to conceal fuch offenders after the faid f aft, knowing fuch
felonies to be by them committed ; Be it therefore enabled, Thzt il zny perfon fhall receive or buy any
punishable, &c, property that fhall be felonioufly ftolen or taken ^ro,m any other perfon, knowing the fame to be ftolen ;
or fhall harbour or conceal any fuch felon, knowing him, her or them to be fo ; fuch perfon or perfons
Receivers of
stolen proper-
ty. Sec. how
ftiall be taken and received as acceflaries to Taid felony, and maj be profecuted as for a mifdemeanor, and 1797. 1 Ol*
puniftied as fet forth in the preceding claufe, ahhough the principal felon be not before convifted of faid (-^'-v-O
felony } which fliall operate as a bar, and prevent the offender from being puniflieJ as acceffary, if fuch
principal felon (hall be afterwards taken and convi£ted. Provided always^ That nothing in this a<El fhall
be fo conftrued, as io preyent acgeflaries to felonies from being profecuted and punilhed as heretofore
direded by laigr.
An aSl to amend an a5ty entitled " An a£l to amend the feveral a£ls refpe£ling the pilotage of Cape Fear chap. 21.
bars and rivers."
I. "W E it enabled by the General Affemhly of thejlate of tmih-Carolinoy and it is hereby enaBed by the au- Privilege given
_J3 thority of the fame. That from and after the firft day of Janyary next, the pilots now having branch- *° certsin pi-
es or commiffions, or who may hereafter have branches or cqi^iffions to pilot over the main bar or ■°'^'
New-Inlet bars of Cape-Fear river, fliall be entitled to pilot and navigate veffals into port over either bar ; ^' ^^'
and the pilot who fliall bring a veflel into port over either bar, fliall be entitled exclufively to navigate the
fame veflel out of port over either bar. Provided altuays^ when any veflel fliall be ready to go out of port,
and fuch pilot fo exclufively entitled, does not attend to navigate the faid veffel out of port, the Captain or
Mafter of fuch vefl'elniay employ any other pilot to navigate fuch veflel out of port 5 provided fuch other
pilot fo by the Captain or maftier to be employed, fliall be a branch, or commiflTioned pilot for the bar over
which fuch veflel is to be navigated out ; and every pilot who fliall qavigate a vefl"el out of port contrary to
the meaning of this aft, fliall for every fuchofl^ence forfeit and pay the fum of nineteen pounds, to be re-
covered before any jurifdiftion having cognizance thereof, to the ufe of the pilot or pilots who by this
aft would have been entitled to navigate faid vefiel or vefl'els out of port ; any law, ufage or cuftom to the
contrary notwithftianding,
II. And be it further enaEled, That if any pilot pf Cape Fear, fhall bring any vefl"el beyond the place fixed Kegulatlcn res-
and limited, or to be -fixed and limited by the faid commiflioners of navigation, without a certificate of pectin? ccnta-'
the health oQicer, declaring that there is no danger to be apprehended from any contagious or infeftious S'°is diseases.
difeafe on board faid veflel, fuch pilot fliall forfeit his branch or commiflion, and from thence afterwards
be held and deemed incapable to aft as a pilot in any part of this ilate.
III. And be it further enaSledyThzt all afts and parts of afts coming within the purview and meaning of Repealing
this aft, fliall be, and they are hereby repealed and made void. clause.
An aB for the relief of fecurities, ivho have paid money for and on accountof their principal. CHAP. 22
WHEREAS great injury and injuftice is frequently done to the fecurities of many perfons againfl:
v/hom judgment has been obtained, by compelling fuch furety who has paid the debt, to inftitute
fuit againfl: fuch principal, and wait the delays of court before' he can be reimburfed ; For remedy
whereof,
I. Be itenaBed by the General Affemhly of thejlate of North-Carolinoy and it is hereby enaBed by the autho- Mcde oTre-
rity of the fame, Thaf from and after the pafling of this aft it fliall and may be lawful for any perfon or per- f^^ss /or secu-
fons whatfoever, who have paid any fumor fums of money for and on account of thofe for whom they "^'"*
become fecuiity, upon producing to the county court, or any Jufl:ice of the Peace who may have jurifdic- *
tion of the fame, a receipt, and that an execution has iflued, and that he has fatisfied the fame, and ma-
king it fatisfaftorily appear by indifferent teftimony, that he has laid out and expended any fum or fums
of money as the fecurity of any perfon, to move fuch court or Jufliice of the Peace, as the cafe may be,
for judgment againfl his principal, for the amount of the fum which he has aftually paid out and expend-
ed, a citation previoufly iffuing againfl the principal, to (hew caufe why execution fliould not be award-
ed ; and fliould not the principal ftiew fufficient caufe to the court or Jufl;ice of the Peace, it fliall and
maybe lawful for fuch court or Jufliiceof the Peace, to award execution thereon againft the goods and
chattels, lands and tenements of the principal ; any law, ufage or cufliom to the contrary notwith-
ftanding.
II. And be it further enaBed, That all afts and claufes of afts, that come within the purview and mean- Repealing
ing of this aft, be, and the fame are hereby repealed and made void. clause.
Dd
110 1797.
CHAP. 23.
Ai-tep
Tiei-ixii-ers cf
pu'.ilic building!
tr> be appoint-
ed.
1798, 51,
r I
To ixt{]e the"r
nccouiits an«'.i-
s-'ly, «c.
Treasurers to
make the fo>
mei- commissi-
oners account.
CHAP. 24.
Certain causes
of aftssuspei.d-
td. ^
1783,3,5,2,4.
Suspension of
miliiaiy grants.
Grants on war-
rants of Arm-
strong's oiTice
susjicnded.
Comptv oiler in
certain cases to
issue warrants.
No dupl'ci'e
varran;s to is-
sue.
^fi fiB to amend an aB p^Jfe-Jin the year one thonfanX feven hundred, and n'melK f,ve^ entitled ** An a£l to arr^end
the feveral laws heretofore parfed concerning court-houfes and pvilons, and to provide for the fafe-
keeping and humane treatment of perfons in confin^merrf, " and te revive and continue in force the eleventh
feclicn of faidacl.
RE it enacted h'^ the General AJfembly ofthefiate of North-Carolitiay and it is hereby enacted by the authority
of the fame, That the feveral county courts in this ftate, fhail annually hereafter at the fanie time
thai they appoint their (heriiFs, appoint a fuitable perfon refiding within the county to a£l as Treafurer
of public buildings ; whofe duty fhalt be the fame, who fhall enter iiito bond in the fame manner, and
be entitled to the fame compenfation for his fer^es, as the TiTeafurers of public buildings heretofore ap-
pointed. ^
II. And be it further enabled by the au^^ty aforefaid, That the tfeafurer of public buildings in the feveral
counties of this ftate, fhall, and they a||pjereby expressly required at the next term for electing Sheriffs
in their refpeftive counties, and at the fame term annually, and previouS?to the eleftions taking place, to
fettle their accounts with the court, in the manner direcHied by the above recited zO:, and that their offices
under their former appointment fhall then ceafe and expire. And if any Treafurer of public buildings
(hall fail or refufe to fettle with the court of his county, as above direfted, his fucceffor in office, on giv-
ing him ten days previous notice, fhall have full power and authority, and is hereby expressly required to
enter up judgment in the court of his county, and award execution againfl the body, goods and chattels
lands and tenements of fuch Treafurer, for all fuch fums of money as can be made appear to the court he
has received for the purpofes pointed out in the before recited aft, with intereft from the day of receiving
fuch fum or fums ; or if in fettling their accounts, any of the Treafurers of the public buildings fhall fail
or negle£t to pay the balance which Ihall appear to be due from him, his fuccefTor fhall have the fame
power,- on giving fimilar notice, to enter up judgment, and award execution againft him for fuch balance ;
any law, ufage or cuftom ta the contrary notwithflanding.
III. And wherea« doubts have arifen, whether the Treafurers of public buildings are fully authorifed by
the before recited a£i: to commence fuits againft former CommifTioners, who may have county or diftri<£l
monies in their hands, for the purpofe of repairing or erefting the public buildings : Be it there/ore enaBeJy
That the Treafurers of public buildings fhall have full power and authority, and they are hereby expressly
required to commence fuits againft any fuch Commilfioner or Commilhoners who may have any fuch
monies, and who fhall i-efufe or negle£l: to fettle with them when called on, or who fhall refufe or neglect
to pay the balance which fhall appear to be due from them on fuch fettlement.
W , Section otherw'fe provided fory \tOO, 19.
An aB tofufpend all fuch claufes ofaBs heretofore pajed, author fmg and requiring the Secretary of State to ijfue
•warrants to any Officers or Soldiers of Ae late Continental line of this fate for military fervices ; and tofuf
pcnd the ifuing of grants for lands in certain cafes therein mentioned for a limited time ; and to eflabli/h a Board
for the invefligation offrauds fuggejled to have been committed in the Secrefarfs office.
I. O E it enaBed by the General Afemhly of the fate of North-Carolina^ and it is hereby enaBed by the aU'
\ 3 thm-ity of the fame. That from and after the pafTmg of this a£t all fuch claufes of a£ts heretofore
pafTed, authorifing and dire£ling the Secretary of State to iiTue warrants for lands to any of the officers or
foldiers of the late Continental line of this ftate for military fervices, be, and the fame are hereby fufpend-
ed for one year from the rife of the prefent General AfTembly.
II. And be it further enaBed, That no grant fhall be made out or in any manner executed by the Secre-
tary upon any return of furvey that now is, or hereafter may be returned into his office, by any furveyor
of military lands, for the fpace of one year from the rife of the prefent General AfTembly.
^Jil. And be itfurtber enaBed, That no grant AkxU ifTue on any warrant of furvey now in the Secretary's
ofRce, or which may hereafter be made and returned there on warrants ifTued out of the office lately kept
by John Armftrong, for the fpace of one year from the rife of the prefent General AfTembly as aforefaid ;
and every grant or grants made out or executed contrary to the true intent and meaning of this adt, fhall
be uttely void, and of no efFe£t.
IV. And be it further enaBed, That tlic Comptroller be, and he is hereby authorifed and required, on
application, to ifTue warrants for lands entered in the office of John Armftrong, in all cafes where it ffiall
appear by the entry books now in his office, that the purchaie money hath been fully paid ; and in no
other cafe whatever fhall warrants be ifTued by him.
V. And'be it further fKa^fZ^J, That no duplicate of a warrant fhall ifTue on any entry , the warrant on
which may be fuggeftcd to have been loft, under any pretence whatever.
VI. Atidbe it further etiaSfedy That diree Commiflioners be appointed, who fhall form a board, and ihall 1797. 1 1 1
ineet in the city of Raleigh on the firft day of March next, and fhall continue to fit from that time till the v-^\-».J
commencement of Hillfborough fup«rior court, if fo long fhall be neceflary ; and the board when fo con- Board of Com-
vened, fhall have full power, and they are hereby authorifed to appoint a Clerk, who fhal! receive thirty pj^tedr&c?'
fhillings per day. i
VII. And be it further emStedf That the board, when fo formed, fhall proceed to examine the papers Their duty.
whereon military warrants have been obtained and the plats and furveys whereon grants have been
executed ; likewife the documents whereon grants have been executed on warrants ifTued out of the
entry office lately kept by John Armflrong : and on fuch examination report the fpecial fadls of any fraud
by them difcovered to have been committed, with the names of the perfons concerned, to the Governor
for the time being ; who is direfted to lay the fame before the Attorney or Solicitor- General of this flate,
who are likewife directed to take the nccefTary order thereon, for the purpofe of bringing to juflice fuch
perfons as have been guilty of an^^ud, either in the faid Secretat^s office, or in the office of Martin
Armflrong aforefaid ; and all othet fpecies of frauds which may have been committed, of what kind or
nature foever, in obtaining warrants or grants out of the faid offices.
VIII. And be it further enaBedy That the members who may conflitute the faid board, fhall before en- Oath,
tering on the execution of faid bufinefs, take the following oath, viz. " I, A. R. * will diligently and feith- • do swear that
fully examine the papers and vouchers asdire£ted by the before recited aft, and true report make accord- ^
ing to the heft of my fkill and abilities : and that I will" endeavour to keep the papers fafe, and fecure and
file them up in good order, without fufFering any paper or record to be altered or mlfplaced. "
IX. And be itjurther enaBed, That the Commiffioners who fhall conflitute the faid board of enquiry, Compensation,
fhall receive, as a compenfation for their fervices, the fum of thirty (hillings for every day they fhall at-
tend the board j and fhall receive the fura of thirty fhillings for every thirty miles coming to and return-
ing from the fame, on their producing an account of fuch their fervices, fworn to and fubfcribed by them-
felves, to the Comptroller of the flate, who fhall give a certificate for the fame -, which certificate fhall
be taken up and paid by the Treafurer, which fhall be allowed on a fettlement of his accounts.
X. And be it further enaBed, That the Commiffioners appointed by this aiSl fhall lay before the next to state their
General AfTembly a flatement of all their tranfadlions, and of what difcoveries by them made, with their transaaions,
opinions on the fame.
XI. And be it further enaBed^ That thre^ perfons fhall be appointed by joint ballot of both houfes of this Af- Power to exa-
fembly as Commiffioners aforefaid jand they, or any two of them, fhall immediately take into pofleffion the ^'"® papers,
papers depofited in the Secretary's office, and examine the fame ; and they are hereby authorifed to fe!e£l
and hold out of faid papers fuch part thereof as to them fhall appear to be necefTary and material for the
detediion of frauds or forgeries, and the convidlion erf any perfon or perfons concerned therein -, and alfo
all papers 'which fhall appear to them necefTary or material for the fupport of any article of impeachment,
which may hereafter be preferred againfl any officer of the government, or for the conviclion of fuch of-
ficer on trial ; and after fuch examination and fele£lion, and not before, fhall deliver over to the Secre-
tary of State the papers of faid office, except fuch as they fhall have fo felecled.
XII. And be it further enaBed, That the Commiffioners to be appointed by the Governor, fhall have e- „
qual compenfation as thofe of the board of enquiry, with reafonaWe incidental reimburfements, to be af- &c, P ^ ^' t
eertained and accounted for in manner as above difedled.
XIII. And be it further enaBed, That the faid Commiffioners be direfled and required to make report ta Warrants and
the next General AfTembly, of all the warrants and grants iffued from the Secretary's office of this flate grants to be re-
for military lands ; and that they be diredled to diflinguifh in their report fuch as have been obtained on po»ted, &c.
fraudulent or forged certificates, fetting forth the quantity of land contained in each.
An aB authoriftng the Comptroller ofthisjlate to liquidate the claiint of the Officers and Soldiers raifedfor the pro- gjj^p ok
teBionof Davidfon county, under an aB of the General AjJembly,paJJed at FayettevilUf in the year one thoufand
feven hundred and eighty'fiK, REPEALED, 1199 y 19 >
An act to encreafe the pay of the furors to the fuperior courts of the diflriBs of Nenvbern, Wilmington and Hali- rwAP 26
fax i and alfo to the diftricts of Fayetteville, Hilljborough and Edenton s except the Jurors from the counties
df Chowan, Perfon and Robefon,
I. The increafe of pay, granted in this fect'ion^ extended to all Superior Court jurors^ 1802>- !*•
112 1797. II. /nd be it 'uriher enacled, That wK?n any Jurors appointed and fummoned to attend at the feveral fu-
<-i^-\^s»> perior courts, and falling fo to do, it (hall be lawful for fuch delinquent Juror to fend forward his excufe
Extuiefornor, to fuch court OH Oath, fetting forth the reafon why he cannot attend -, which, if adjudged fufficient, IhaU
aittndancc, &c exonerate faid Juror from the fine that may be impofed, and all cods.
CHAP. 30. /In act to empower the county courts of Brunfw'rch, Bladen and Rutherford to lay a tax for the purpofe of dejlroy'ing
Kuolvesy hear:, panthers and ivild-cats in faid counties y and to alter the time of holding the courts of pleas and
■ quarter felons in the county of Brunfwick.
{The tzvo firfl fecti nr private.^
TimeofhclJ- III. And be it further enacted. That from and after the next court of pleas and quarter-fcfTions, which
i7Q0°7"t" ^^^^^ ^^ ^^^^^ ^'^^ '•^^ county of Brunfwick, the time for holding faid courts in faid county, fliall be, and the
Ap. July oa. f<in^s Js hereby altered ; and from aiid after the next court aforefaid,^e faid courts in faid county ftiall
be held on the fourth Mondays in the fame months in every year in^^ich the faid courts are now by law'
edabliftied to beheld, and all procefs in fai^ court ftiall be returnable on the faid Monday accord-
ingly.
w
CHAP. 39. An aEl authoriftng certain berfous Commiffioners to appoint a pilot or pilots for the bars of New-River and Bear-
Inlet in the county of Onflow y and to grant branches to fuch pilots.
'HERE AS it is neceflary for the encouragement of trade and commerce, that all bars and inlets
fhould have pilots for fafe-condufling.veiTels in and out the fame :
I. Be it inactcd hy the General Affimhly of the fiqte of North-Carolinay and it is hereby enacted by the au-
thority of the fame. That from and after the firft day of January, one thoufand feven hundred and ninety-
eight, Robert W. Snead, Thomas SneaJ, Thomas Howard, Jofiah Howard, and Chriftopher Dudley , or a
majority of them, are hereby authorifed and empowered to appoint a pilot or pilots at aforefaid bars, or ei-
ther of them ; and grant a branch or branches to fuch pilot or pilots as aforefaid, and regulate the pilotage
Cotnroissionfrs *° be paid to fuch pilot or pilots in and out faid bar or bars : And the aforefaid Commiffioners, or a ma-
appcinted. jority of them, fhall have full and ample power, in all refpefts as is granted to the Gommifhoners for
Their rowerr. Swanfborough or Beaufort bars, inrelpeiEl to the pilotage of the aforefaid bars of New-River and Bear-
1783,20^ Inlet in the county of Onflow aforefaid. And in cafe any of the CommiflTioners aforefaid (hould die or
%, 1784,^1.. remove, a majority of the CommifTioners aforefiiid are hereby authorifed to appoint others in their place,
who fliall be confidered as good and valid as if appointed by the General Aflembly.
THE TITLES OF THE PRIVATE ACTS.
5 An ail to amend an ail, passed in one thousand seven hun- 29 \n afl to amend and continue in force an ail passei ij> the
dred and ninety-five, entitled, An ail toestablsh and in- year one thousand seven hlj > red and nmet\-?ix, enti-
corporate a company for .the j urpose cf Qitting a navi- tied, Anail to improve the navigation of Tar river, from
gable canal from Clu'fvot's creek to Havlovve's piisek ; Tarborough upv-'ards as far as the samecan b;effeiled."
and to repeal all ails heretofore passed relative thereto. 31 An ail 'o amend an ail passed in the year one thousand so-
10 .^n ail to incorporate the Grand Lodge of Nbrth Caroiina. ' ven hwndred and ninety-one, eat'iled, An aA to establish
12 An ail to amend an ail passed in the year one thousand se- a town at the court-house in H\de county.
ven h^ifidred and nlpety-six, entitled. An ail ni?.king 32 An ail to authprite the Trysiees of the Pittsbcrough acade-
comi)ensation to the owners of outlay^ed and executed ' " my to raise the sum of seven hundred doll: rs by way of
slaves in the counties of Bladen, Halifax, Granville, X.ottery.
Cumberland, Perqirmians, JJca'tfort and Pitt. S3 An ail to grant a separate eleilion in tl«e county of Martin.
VT An ail to amend and continue in force an ail, passed in the 34 An ail to secure to Martha Lane, wife of William Lane,
year one thousand seven hundred and ninety six, entitled, srch estate as she m:iy hereafter acquire.
An ail to encourage the cutting a navigable canal from 35 An ail to repeal the several ails of Assembly, empowering
Koanoke river, to the wateiS' thereof, near the town of the county couits to' appciut PatroUers, so faS- as. they ret-
Plymouth, to Piingo river." peil the county of Cab''" us.
20 An ail for impi oviiig aiid clearing out the Catawba rivv'r from 55 An ail to incorporate Pansophla Lodge, No. 25, of thecoun*
the South-Carolina line, as Jar as navigation may be ty of Moore, in this state,
deemed practicable up the same. 37 An ail to revive an ail, entitled. An ail for the more speedy ,
27 An ail mr.king compensation- to the county court Jurors o.f > determining disputes that have arisen, or hereafter may
^evv Hanover, Surry, Stokes, Buncombe, Orange, Cum- arise, in the counties of Rowan, Mecklenberg, Ruther-
berland, Montgomery, Wilkes, Sampson, Carteret, Burke, ford, Guilford, Lincoln and Rockingham, from ereiling
Richmond and Randolph. mill-dams, and to prevent ])ersons from building mills
"8 An ail to amend an ail, entitled. An ail to improve the na- as herein described, passed in the year one thous»nd se-
vigationofCapeFearriver, and of Deep and Haw rivers," yen hundred and eighty-five.
38 An aAfoi- the prcmoticH of learning in the- county of Bla-
den, and for ether purpoies therein mentioned.
40 An a<a tocontiniie in force an a^, entitled, An aft for the re.
gulation of the city of Raleigh, passed in the year one
thousand seven hundred a/>d ninety-four.
41 An aA tp exonerate such of the inhabitants of the counties
of Craven and Pitt from working on Cotentnea. creek as
were liable to be made to yrork on the river Neuse, prior
to passing an aft in the year one thousand seven hun-
dred and nhiety-six, entitled, An a£t to iniprcve the na-
vigation of Great Cotentnea creek.
42 An aft authorising the Members of the Episcopal Chqrcli in
the towfli of Wilmington,, to elefl Wardens {"andtogive
such VV^ens powers and authority in certain cases,
43 An aft to prevent obstruflions to the passage of fish at oer-
tsun seasons, in the river Roanoke,
,44 An aiJlto authotize James Hughey, late sheriff of the county
of Buncombe, to colleft all arrearages of taxes due him
in said county, for the yeais one thousand seven hun-
dred and ninety-five, and one thousand seven hundred and
ninety six ; and to empovirer Tra.v«-s Harvey, Sheriff of
Bladen, to colleft the arrearages of taxes due for one
thousand seven hundred and ninety-four, one thousand
seven hundred and ninety-five and one thousand seven
hundred and ninety-six, and Thomas Ivey Sheriff of
Sampson, for the years one thousand seven hundred and
ninety-five and one thousand seven hundred and ninety-
six ; and Thomas A. Ward, Sheriff of Surry, for the
year one thousand seven hundred and ninety-six.
45 An aft to authorize and direft the sale of the Blue House and
Church in the town of Hillsborugh.
46 An act zuthorizmg the first regiment of militia of infantry
in the couny of Lincoln, to have a separate place of e-
leftion and holding general rnusters.
47 An act to establish a seminary of learning in the county of
Montgomery, at or near the town of Henderson.
43 An aft to amend an aft passed in the year one thousand se-
• ven hundred and nirety-six, entitled, An aft for laying
off a town and inspeftion of tobacco and other cemmodi-
ties, at or near the. confluence of Deep and Haw rivers;
also one other aft, entitled. An aft for la}ing off and es-
tablishing a town, and inspeftion of tobacco and other
commodities, at cr near Tison's jnill, on Deep river, in
Chatham county.
49 An aa to empower William Cocke, late Sheriff of Person
County, to colleft the arrearages of taxes. due from said
County for the year one thousand seven hundred and
ninety-four; and the secu»ities of Thomas Johnston, late
sheriff of Onslow county, to colleft the arrearages of tax-
es due for the years one thousand seven hundred and nine-
ty-four and one thousand seven hundred and ninety-five.
50 An aft to emp 4 er Archibald Houston, late Sheriff of the
County of C«barrus, to collect the arrearages of taxes
due for the year one thousand seven hundred and ninety
thrte.
61 An aft to incorporate St. John's Lodge, No. 3. of the town
of Newbern, in this state.
; 2 An aft authorising the Wardens of the poor in Onslow coun-
ty to prepare a house for the reception of the poor in said
county ; and.to repeal all that part of an aft, passed at
Ualeigh, in the year one thousand seven hundred and
ninety-four ; for the purpose of destroying bears, wolves,
&c. so far as relates to the county of Bladen.
53 An aft to unancipate a mulatto girl Sally, formerly the pro-
perty of John .Ingram.
54 An aft establishing a town at the court-house in the county
of Buncombe.
$5 An aft to establish a town at or near Cox's Mill, on Deep ri-
ver, in the county of Randolph.
56 An aft to amend an aft, entitl«l. An aft toereftand establish
- an Academy in the county of Richmond,"
E
57 An aft to authorise the executors or adniinistiiSLtors of Jareec 1797. '113
Vincent, late Sheriff of Northampton county, to colleft i^^y^^
the taxes doe in said county for the years one thousand
seven hundred and ninety-three and one thousand seven
hundred and ninety- four; Thomas M'Intire, late Sheriff
of Burke, for the years one thousand seven hundred and
ninety-two, one thousand seven liundred and ninety-three,
and one thaustaid seven hundred and ninety-four ; and
William Johnston, late Sheriff of Wilkes, for the year
one thousand seven hundred and ninety-tv--o ; and Wil.
Kam Henry, late Sheriff of the county of Craven, far
the years one thousand seven hundred and ninety-three,
.one thousand seven hundred and ninety-four, ore thou-
sand seven hundred and ninety-five, and one thousand
seven hundred and ninety-six.
SS An aft to enlarge the town of Rockingham in the county of
Richmond.
59 An aft to empower the court of Robeson county to call on the
former Commissioners that were appointed to purchase
or build a court-house in said county.
,00 An aft to repeal part of an aft, passed in the year one thou-
sand seven hundred and ninety-six, entitled. An act for
the further regulation of -the town of Newbern, and to
secure the colle£\ion of taxes in the town of Halifax.
61 An aft to empower the county courts of Chowan and Carte-
ret to appoint persons to copy the Register's office in said
countie$.
62 An aft granting a separate general muster to the iiiTiabitan's , .
southwest of Pedee river in the cornty of Montgome-
ry ; and to amend an aft passed in the year one thoti-
sand seven hundred and ninety. five, entitled, An aft
granting the inhabitants of Cumberland county the pri-
vilege of a separate eleflion and general muster.
63 An aft to compel persons who have built, or hereafter may
build, saw-mills in the county of Bladen, to erect slips,
for thefree passage of lumber over the same.
64 An act granting certain privileges to the volunteer company
of infantry in Scotland-Neck, in the county of Halifax.
65 An act to amend an act, entitled. An act to establish two
places in Halifax county, for the purpose of holding gen-
eral musters.
66 An act to establish a town, laid out by John Leak, Esq. on
the north side of Dan river, in the county of Rockingham.
67 An act to amend an act, passed in the year one thousand se-
ven hundred and eighty six, entitled. An act for the f ro-
tvotion of leamiog in the county of Chatham.
j68 An act to empower the county court of Surry to have trans-
cribed the Entry -taker's books in said county.
69, An act to repeal an act passed in the year one tkonsand se-
ven hundred arnl ninety-six, entitled. An act to repeal
the first and second sections of an act, passed in the year
one thousand seven hundred and ninety-four, entitled.
An act £o» the better regulation of the town of Fayette-
vifle.
70 A» act to empower the countv court, of Robeson to lay a tax
for the year one thousand seven hundred and ninety,
eight, for the purpose of repairing the court-house in said
county.
71 An act to secure property to certain persons therein mentioned.
72 An act to regulate the towns of Rockingham and Wadesbo-
rough, in the counties of Anson and Richmond.
73 An act to amend an act, entitled, An act to establish a se-
minary of, learning in the town of Lumberton and Raft-
swamp, in the county of Robeson.
74 An act to repeal part of an act, passed the last session of
the General Assembly, entitled. An act granting the in-
habitants of Bertie county separate general musters and
elections.
75 An act to amend an act, entided. An act to empower the
county courts of Wilkes, Burke, Iredell, Montgomery,
Onslow and Moore, to lay a tax for the purpose of des-
troying v.olves and panthers in said counties.
114j 1797. 7^ J^ 8^' *° suspend the operation of an act, entitled, An act
to appoint Commissioners to purchase land for a town
and town common in the county of Rockingham, by the
name of Wentworth j and for establishing the court-
house in said county,
77 An act to authorise the Wardens of the poor for the county
of Camden, to lay an additional tax for the purpose of
defraying Uie expence of the poor of the said county.
W An icl to repeal an act, passed in the year one thousand se«
ven hundred ar.d ninety- six, entitled, xn act to authorise
Christopher Taylor, of the town of Halifax, to raise by
way of lottery the sum of five thousand dollars.
79 An act direcimg the Wardeis of the i>oor for the county of
Halifax, to let out th6 Poor of said county at the pl»«to
thercia mentioned.
Read three tirow, *t»d ratified in Gencna Assembly, the 33d, day ©f December, Anno Domi. 1797.
B. SMITHi S. 5.
M. MATTHEWS, 8.
H^ e^
1798. 115
At a GENERAL ASSEMBLY, begun and held at the City of Raleigh on. samuel ashe.
Monday the nineteenth Day of November, in the Year of our Lord One ^''* ^°''""°''
Thousand Seven Hundred and Ninety-Eight, and of the Independence
of the United States of America, the twenty-third : It Being the first
SESSION of this Assembly.
An aSi to raise a revenue for the payment of the civil liji and contingent charges of the government, for the year chap. 1.
one thou/and /even hundred and ninety-nine. TEMPORARY.
An a£i to amend the revenue laws as rejects the land tax, chap. 2.
WHEREAS the prefent mode of felling lands for the taxes thereof, is infufEcient to fecure the col- -^'^^ ^^'
lediion of that part of the revenue : For remedy whereof,
I. Be it enaaed by the General AjfemUy of thejlate of North-Carolinoy and it is hereby enaBed by the author- fgu*;"; ^'J'^^J'"
ity of the fame, Thdit from and after the thirtieth day of March next, when any lands fhall by the laws of for ta^s!^^ ^
this ftate become liable to be fold for the taxes of the fame, it Ihall be the duty of the Sheriffs refpe(lil:ively ^^,^ ^ ^^ 23^
to fet up the whol6 of the lands belonging to any one perfon or company, for which the taxes thereon and ails cUed*^
fhall be due, to be fold to the perfon who will pay the amount of the public, county and poor taxes, with
all charges for advertifing the fame agreeably to law, for the fmalleft part thereof j and he (hall ftrike off
the quantity fo bid or offered to be taken, for the amount of the taxes and charges aforefaid, to the perfon
offering to take the fmalleft number of acres of the land for the taxes and charges as before menti-
oned.
II. And be it further etiaSJed by t^e authority afore/aid. That the perfon purchafmg latids at any Sheriff's Purchasers
fale, for the taxes under this aft, Ihall b6 at liberty to make choice of the quantity of land fo ftruck off ro may make
him, out of any part of the land offered for fale, to be laid off in one compa£t body as nearly in a fquare <=*i°'<=«'
as can be, and adjoining to fome of the out lines of fuch tradis or parcels of land.
III. And be it further enaBed, That when any perfon fliall purchafe land under this ad, they fliall vcith-
in ninety days after fuch purchafe prefent to the Sheriff a fair plat of the land they make choice of under How to obtain
fuch purchafe ; which plat fhall be made by the county Surveyor or his deputy from a£l:ual furvey, with *"'^^'
the courfes and diftances fairly fet forth and certified under his hand ; which faid furvey fhall be made ^soq q^ '
at the expenee of fuch purchafer, and the Sheriff fhall execute and deliver to him a deed for the
fame.
IV. And be it further enatledj lljat if no perfdii fliall bid a fnialler quantity than the whole, then thd Such lands de-
whole of the faid land fo fet up fhall be confidered as a bid for the Governor, and the Sheriff fhall ftrike vo;ve to the _
()ff the fame to hini accordingly, and execute agood and fufficient deed of conveyance to him and his fuc- ^g^^gg'"^*^*''*'"
ceffors in office, in mapn^r hereafter direfted, for the ufe of the ftate.
V. And be it further enaBed, That it fhall be the duty hereafter of the feveral Sheriffs refpeftivelyi to sheriff's drfty
J)erfe£l the faid de^d or deeds by figning, acknowledging artd delivery thereof, in the prefence of the next in convoying
enfuing county court for the county where the faid land fhall be, and the Clerk fhall accurately regifter thesame.
the fame in a book to be kept by him for that purpofe, which fegiftration fhall be deemed valid ; and it
fhall be the further duty of the Clerk after liaving recorded the deed as aforefaid, to certify the fame clerk's duey.
thereon, and deliver the fame to the Sheriff (who fhall call on him for the fame) within twenty days after
the rifing of the court at which fuch deed fhall have been acknowledged ; and the faid Clerk neglefting
to perform and deliver the fame to the Sheriff as aforefaid, fhall be liable to a penalty of five hundred pounds.
to be recovered againft him by the Attorney or Solicitor-General, for the ufe of the ftate, in any court
having cognizance thereof, by motion ; firft giving to the faid Clerk ten days previous notice of fuch ^"^ '^*
motion.
VI. And be it further enaBedjThzt it fhall be the duty of every fuch Sheriff before he fettles his account Further duty
vrith the Comptroller, to depofit fuch deed or deeds in the office of the Secretary of State, who fhall of Sheriffg.
116 1798. record and keep the fame in his office for the benefit of the ftate ; and the faid lands fo conveyed Ihalf
U^»o«j be deerhed vacant lands, and liable to entry accordingly ; and the Secretary of ftate fhall grant a certifi-
cate to fuch Sheriff, fetting forth the quantity of land fo conveyed to the Governor ; wlm:h certificate
fhall be returned by fuch Sheriff to the Comptroller ; and fuch Sljieriff in addition to the oaths heretofore
taken on his fettlement with the Comptroller, (hall alfo fwear thai he lias conveyed to the Governor iu
conformity to the requifitions of this a(^, all lands by him fold, fqr the taxes thereof, and purchafed as
Penaky. aforefaid for the ufe of the ftate ; and if any Sheriff ftiall fail or refufe fo to do, the Comptroller (hall in hi?
report to the Treafurer charge fuch Sheriff fo failing or refufing, with the fum of one thoufand pounds
in addition to the penalties heretofore dire6ked by Uw, •yidio flull recover the feme for the ufe of the ftate,
in the fame manner as other monies are by the piefent exifting hvf^ recoveied ^gainft Sheriff^ and other
revenue officers. •
Allowance. VII. And be it further enacted y That each refpe£live Sheriff ftiaH be allowed in his fettlement with the
Comptroller ^the requifites of this aft being complied with) the amount of the tax on all lands fo purchafed
together with the cofts of advertifing and recording, and fhall alfo be allowed commiffions on the fame as
if the money had a£luallybeen colle£led ; and fuch Sheriff fliall alfo be credited in his fettltment with the
county Treafurer and with the Wardens of the Poor, for fuch of the (lounty and poor tax as the faid larids
agreeably to the direftions of this a£l, may be fold to fatisfy.
Purchaser sub- VIII. And be it further enaBed, That any perfon purchafmg lands fold for the taxes due thereon, fhall
jea to accruing be confidered as taking and holding the fame, fubjeft to the taxes accruing and gtowin^ due thereon from
i-axes, the fiift day of April next preceding the time of his purchafe, '
CHAP. 3. -^'^ ""^ ^^ amend an aB entitled « An a£l to amend the revenue laws of this ftate. and tp direft the modp
I'he amended in which thofe who hereafter fhall complain of its judgments may obtain redrefs, " pajjed in the year one
part repealed, thoufand feien hundred and ninetv-tzuo.
1802, 19. J J / •»
CHAP. 4?. An aB to amend thejeveral qcfs of AJJ^mbly npw in force in this state vhtck) re^p*^ the entering^ and obtaining
titles for lands.
C rtificatc of T "C^^ ^'^ enaBedby the General Ajftmbly of the ftate of Ntrth-Carolina^ and it Is hereby enaBed by the au,
the*^ci«k! &c. ' XJ 1^^°^'^^"^ cfthefajney That fo much of the prqvifp of the fixth clau,fe or fefti^ii of the feventeenth
sufficient chapter of the a£t of ore thoufand feven hundjed and ninety-five, a^ requires that the receipt pf the Eq.
vouchers for try-tafeer (hall bs fwprn to in open court, attefted by the Clerk, and fent fealed up tp the Secrefary's-of;,
i-.'sufgramZ ° fice, be and the fame is hereby repealed j and henceforward a certijScate of the Clerk of the court with
/.nte p. ir, 47, the feal annexed, ftating that the perfon claiming a graiit was qualified in open court, and did make oath
tS 80, 88, tijat the purchafe money for the lands claimed was paid to the Entry-taker by or for hini, fhall be a fuf-
ficient voucher for the Secretary to iffue the gra^nt on, whether the fame fhaU, be hande^ to him fV.iiled \x^
or otherwise.
.'Secretary to is- J^' -^'"^ ^^ '' further ena^ed, Tha,t heiicefo^Wjajrd it fha^land' m?iy be J..£>wful fpr th,« Secretary of Statft
iue grants in on application, to iffue grants on all entries made previous to one t cu'End f^'en hundred and eighty-,
certain cates. ty-three, without re(]uiring from the applicant any proof that the purchafe money has been paid to, the
1801, 2, ^^^^ ^ Provided, That the entries orj which grants are prayed for, appear on. the tranfcript of the £.B try-
taker's books lodged in his office, apd cprj-efpond with the warrants returned, to; him j w))ich requLfitc fhialj ^
be difpcnfed with in all cafes applying tp the counties p^Qhatham and GuAlJfprd,
III. Repealed, 180J, 14. " ' " ■
Scflions of an IV. And be it further emBed, That tlifi ^Igb th and eleventh cUuf^s or feftions of the abpve recited a«il*,
act repealed, bg ^nd thev aie likewife hereby repealed, apd m^da null j and that twelve rnqjithS; longer, that is to fay,
ircf), 7, until the firft day of January which ftial.i happen, in the year one thjOijfand eight hix:aix&dy be gjven to the
•Ante 90. enterers of lands firit defcribed in ih? fourteensh fpaionof the faid atl,, towi«, cutties made fmce thefifr
Time allowed teenth dav of November, one thoufand feven hundred and feventy-feven, tp, accomplifli, their fyrveys ajid
^x\^'iT "" perfea their titles, the provifiops of tjie faid fedions or clanfes to the.contrary notwithftanding.
And topav the V. Ami be it further enaBed, That all entries of. lapds fince the eighth day of February,, on,e thpufand
purchase mo- feven hundred and ninety-five, and lup to the first day of January, one thoufand feven hundr.ed. and niner
^"^^' ty-eight, fhall yet haye until the firft day of paober next, tp pay the pnrchafe money for the,em«e5.
refpectively to the ilate ; after which pcvicd all entries made fmce the eighth day of February, one thour
fand feven hundred and ninety-five, and vp to the firft dav of January, one thoufand feven hundred and
ninety-eight, which flmll not be paid fprxfli-Vi beheld and depmed lapfed entries, and fh^ll b,e copfid^red ut*
terly void and of none effect ; all lands fo entered as aforefaid arid not paid for being thenceforward held 1798, 117
vacant and unappropriated, and fubje£l to be entered by any perfon willing to fecure them. c-i-vW
VL And be it further ena£f^d. That the Secretary ef State fliall not iflue any grant or grants on entries Oraats to
of lands hereafter to be made, except to fuch perfon or perfons or their heirs, as made faid entries. ium'"° '*'"'
An aSi to amend an aSl paffid in one thoufand feven hundred and ninety-four-, entitled " An aft to amend an chap. 5.
a£t pafled at Fayetteville in the year one thoufand feven hundred and ninety-three, entitled An aH to
carry into effeB an aSi of Congrefs, entitled an aEl more effeElually to provide for the national defence by ejlab- ^^^ ^'
lifl:ing an uniform Militia throughout the United States, and to repeal an a£l paJJ'ed at Fayetteville in the year
one thoufand feven hundred and eighfy-Jix, entitled an aSt ejiahlifhing a Militia, in thisjlate. " REPEALED.
1800,28, 1803, 11.
An aB to amend the fifth feEtion of an aB, chapter Jixteenth, paffed at Raleigh, on the fecond of November, one CHAP. 6.
thoff and f even hundred and ninety-five, providing among other things for the fuppreffton of infiirreBions. Ante p. 79-
I. TJ E it enoBed by the General Affembly of theflate of North-Carolina and it is hereby tnaBedby the au- Duty of Justi-
,JljJ' thority of the fame, That whfn any two Juftices of the Peace Ihall know, or have any reafon to be- <^^^ of the
lieve that any coiifpiracy hath taken place to promote infurreclion among the flaves or people of colour, ^*^**^''-
or that there may be danger, of fuch meafures taking place, itfhali be their duty to tfllie an order to the
Sheriff" of the county, or his deputy, to fummon the Magiftrates of the county to meet at tfie court-houfe
oh fome day fixed by faid order, which it {hall be the duty of the Sheriff to obey ; and if a majority of the
Magiflrates prefent, fhall be of opinion that any fuch combination exifts, or that there may be danger of
an infurreftion, they fhall immediately by exprefs, make a reprefentation thereof to the Governor of the
flate, for the time being j aijd the Governor (hall by warrant, order the expence of faid exprefs to be
paid out of the Treafury.
IL And be it further enaBed, That when tlie Governor fhall receive ftich reprefentation made as afore- Governor's
faid, he fhall be and he is hereby authorifed to ifTue orders for a patrole of the militia, with fuch inftruftions P'^*'*''-
to the commanding officer or other officer of the county, as the exigency of the cafe may require.
in. And be it further enaBed, That when application fhall be made to the commanding officer of the Governor in
county, or other officer of the militia, under the faid a£l: pafTed in the year one thoufand feven hundre d and '^^^^ cases to
ninety- five, it fhall be the duty of fuch officer to report the, fame immediately to the Governor for the °'^ '^'' ""* ™'**
time b.eing, who fhall thereon take the necefTary meafures, by ordering out a fufhcient body of the mili-
tia to preferVe and enfure the public fafety, who fhall when ordered out as aforefaid, be governed by the
before recited a£jt,paffed in -tjiQ year pn^ thoHfand jfey^n hundred ^nd ninety-five.
An aB to efic^lafli a Count nutth jurifdiBion comp^ent to examine the validity of patents in certain cafes, and giving chAp. 7.
jurifdiBion to the Superior Courts of Law and Equity in other or like cafes.
I. Try E a etiaBed by the General Affembly of fhe flate of North-Carolina, and it is hereby enaBed by the authori- "^'"^^ ^^^ P'=ic«
Xj ty of the fame. That the Judges of the Superior Courts of Law and Courts of Equity, or any three court Indth^ir
of them,, fhall on the day ^yhich may happen to be twenty days before the commencement of their fall poww.
circuit of the Superior Courts of Law, open and hold at the court-houfe in the city of Raleigh, a Court j^^ ^^^ j,i
vfhich fhall be called a Court of Patents -^ and the faid Court fhall have cognizance and jurifdiftlon of Court never
allgca»ts i patents and letters patent, ifliied, granted or made by the flate of North-Carolina, or purport- »««»►
ed to be made, ifTued or granted by or in the name or flyle of the flate of North-Carolina.
IL And be it further enaBed, That when it fhall be deemed neceflary on the part of the flate, to examine ^"'X °^'1»^ **-
the validity of any grant, patent or letters patent, ifTued or made as aforefaid againfl law, or obtained by ii^^.Q^ntt^'
faife fuggeflions or fraud, and a record of fuch grant, patent or letters patent fhall have been made in the Stc,
office of the Secretary of State, it fhall be, the duty of the Attorney or Solicitor-General to caufe authen-
ticated copies of fuch grants, patents or letters patent, to be filed in the Clerk's office of the faid Court, to-
gether with a petition or bill which ihall briefly ftate the grounds whereon any grant, patent or letters pa-
tent fhould be repealed, cancelled or vacated ; whereupon afcire facias fhall iflue to the grjintee, paten-
tee, or perfons, owner or claimant, requiring fuch patentee, grantee, owner or claimant) to ftew caufe
why fuch grant or patent fhall not be repealed and. cancelled-
IIL And be it further enaBed, That the writ of fcire facias fhall in all fuch cases be confidered the Process anJ
leading procefs; and all other procefs and proceedings thereon, fhall be conformable to the general rules proceedings,
of practice in Courts of Law in cafes of fcire facias, except in cafes where return (hall be niade that the *
Ff
To appoint a
clerk, &c.
118 1798. fcire facias cannot be made known to the party defendant, and then the Court Ihall order publication in
C-.y->/ fome one or more of the Gazettes of this ftate, for fuch time as they may deem proper. And where
affidavits fhall be made that the party defendant lives out of the ftate, then the Court may in the firft in-
ftance, order the fcire facias to be publi{hed in one or more of the Gazettes, for fuch length of time as
they may deem proper ; and after fuch publication, the Court fhall proceed as if fuch fcire facias had been
returned, made known in the ufual form.
Power of the J y, ^„^ ^^ it further enaSled, That when upon a verdift or demurrer, it {hall appear to the faid Court
judKraentTTc^ *^*^* ^^'^^ g''^"* °'^ patent was made againft law, or obtained by fraud, furprife or upon untrue fuggeftions,
'it fhall be lawful for the faid Court to give judgment, that fuch grant or patent be repealed, vacated and
made void j which judgment fhall be entered at large on the records of faid Court ; and it fhall be the
duty of the plaintiff or petitioner to caufe an authenticated copy thereof to be filed in the Secretary's-office,-
where the fame fhall alfo be recorded in a book kept for that purpofe, and the Secretary fhall note in the
margin of the firfl or original record of faid grant or patent, the entry of fuch judgment,, with a corred
reference to the record in his office.
V. And be it further enaBed, That the faid Court fhall appoint a Clerk of fkill and probity, who fhall
before entering on the duties of his office of Clerk, take an oath of the fame tenor and efFeft as that pre-
fcribed for the Clerks of the Superior Courts of Law ; and fhall alfo give bond with fufficient fecurity;
payable to the Governor for the time being, and his fuccefTors in office, in the fum of two thoufand pounds,
for the fafe-keeping of the papers and records to him entrufted, and for the faithful difcharge of his duty ;
which bond fhall be lodged by the Judges or fome one of them, in the office of the Secretary of State ;
and may be put in fuit by any perfon injured without an affignment from the Governor j and all cofts
fhall be taxed and adjudged in thefe cafes, as are taxed and adjudged in fimilar cafes in the Superior
Courts of Law, and execution fhall be awarded for the fame accordingly.
VI. And be it further enaBed^ That twenty -four jurors fhall be fummoned by the feveral Sheriffs in the
rors, where' to diflrid of HiUfborough ; and it fhall be the duty of the Juflices holding the feveral County Courts com-
be appointed, pgfj^g jjjg diftria of HiUfborough, to appoint the jurors aforefaid, in the following proportion, to wit, :
The county of Orange, three jurors; the county of Randolph, three; Chatham, three; Perfon, three ;
Cafwell, three ; Granville, three ; and Wake fix, to attend the faid Court of Patents, who fhall each
receive the fum of ten fhillings per day, to be paid by the Treafurer on their certificate of attending,
figned by the Clerk of faid Court.
VIL And be it further enaBedy That it (hall be the duty of the Sheriff of the county of Wake to attend
the faid Court, by himfelf or his deputy, for which he fhall be allowed the fum of twenty {hillings pet day,
for every day he fball attend the fame.
VIII. And be it further enaBed, That the faid Court fo opened, fhall be held from day to day during the
term of ten days, or until the bufinefs ready for trial therein fhall be tried and determined ; and when the
firfl day of the term of the faid Court fhall happen on Sunday, then in that cafe the faid Court fhall be o-
pened and held on the day following.
IX. And be it further enaBed, That from and after the paffing of this a£l, the feveral Superior Courts of
Law fhall have cognizance and jurifdidion of all grants and patents, ifTued, granted or made fince the
zance of grants fourth day of July, one thoufand feven hundred and feventy-fix, by the flate of North-Carolina, for lands
aiid patents, (^^uated within the refpedive dillrias of fuch Superior Courts of Law.
X. And be it further enaBed by the authority aforefaidy That when any perfon or perfons claiming title to
grll'vTd'hfw to lan'ls in any of the counties in this flate, under a grant or patent, from the King of Great- Britain, any of
proceed for re. the Lords proprietors of North-Carolina, or from the ftate of North-Carolina, fhall confider himfelf or
dress. themfelves aggrieved by any grant or patent iffued or made fince the fourth day of July, one thoufand fe-
ven hundred and feventy-fix, to any other perfon againfl law, or obtained by falfe fuggeflions, furprife or
fraud, fuch perfon fo aggrieved, may file his petition in the Superior Court of law for the diflrid in which
fuch land may lie, together with an authenticated copy of faid grant or patent ; which petition fhall briefly
ftate the grounds whereon fuch patent {hould be repealed and vacated ; and thereupon a writ of fcire fa-
cias ftiall iffue to the grantee, patentee or the perfon, owner or claimant und^r fuch grant or patent,
requiring tuch grantee, patentee or owner to fhew caufe why fuch gi-ant or patent fhall not be repealed
and vacated.
Superior courts XI. And be it further enaBed, That all further proceedings thereon (hall be conformable to the rules
to render judg- anj reftridions prefcribed for the Court of Patents : And the faid feveral Superior Courts of Law, ftiall
be »nd they are hereby refpei^ively auihorifed to render judgment upon a default, verdid or demurrer,
Number of ju-
Their paj.
Sheriff of
Wake to at-
tend, &c.
Term of hold-
ing the court.
Superior courts
to have cogni-
ments, &c.
m as full and ample manner in all fuch cafes, as the faid Courts of Patents may oi- can do in like cafes • 1 798 119
any law to the contrary notwithftanding, ' l^./.
An a£l to repeal the «21/? and 22dfeaions of an aQ, entitled « An aft for raifing a public revenue for the fup- ch 4P 8
Wport of government, and to repeal an aft entitled an ad to fupprefs exceffive gaming." 2 im 3 *
HEREAS it appears to this General Aflembly, that fo much of the above recited ad as refpefts 'ntb ^ Uth.
hawkers and pedlars, does not tend to the advantage or intereft of the ftate at large •
I. Be it therefore enaBed by the General AjfemMy of thejlate of North-Carolina, and it is herely enaEled h A£l repealed.
the authority of the fame. That all afts and claufes of ads, fp far as refpect hawkers and pedlars in j^is ^
itate, be and the fame are hereby repealed and made void.
Jin aa to regulate the praaice of Attomies in the feveral Courts of Law and ■ Equity within this fate, and to chap 10
prevent ahitfes in the fame.
WHEREASthelrelationbetween Attorney And client or fuitor in any of the Courts of Law or
Equity within this ftate, fhould always be clearly known and admit of the eafieft proof poffi-
I. Be it therefore enacted hy the General A(femUy of the flate of North-Carolina, andit is hereby enaBed by ^ncrn,,
the authority of the fame, That every Attorney in any of the Courts of Law and Equity in this ftate, who Caim.ngto en.
shall claim to enter an appearance for any perfon or perfons whatfoever in any of the faid Courts, fliall ^^^ *" ^ppear-
produce and file in the Clerk's office of the court in which he may fo claim to enter an appearance, a pow- *""' ^^ '"
er or authority to that effect figned by the perfon or perfons or fome one of them for whom he is about to
enter an appearance, or by fome perfon duly authorifed in that behalf. Provided nevertheless, That where
any Attorney in any of the faid Courts (hall claim to enter an appearance by virtue of a letter to him di.
reded, whether fuch letter purport a particular or general employment, it ftiall be neceflary for the faid
Attorney to retain fuch letter in his own poffeffion, and ftiall on produdion of faid letter fetting forth
fuch employment, be allowed to enter his appearance; and it ftiall be the duty of the Clerk to note to that
effeft upon the docket,
n. And be further enaBed, Tkat in all cafes where any Attorney ftiall fail to make appear his employ- P=nahy on
tfaent by his client or clients in any fuit or fuits in any of the faid Courts, he ftiall not be entitled or al- f»'li"g. ^c.
lowed to enter an appearance to any fuit or fuits in any of the faid Courts, and the fame proceedings ftiall
be had thereon as m all cafes where no appearance is entered to law doth belong. Provided nevertheless
That this a£t fliall not have effeft until the firft day of May next. '
AnaBtoamendanaB, entitled "An ad to prevent abufes in taking ifp ftray horfes, cattle, hogs and chap U
, ftieep, and other things," paffed in the year one thoufand feven hundred and feventy-f even ; and to amend an-
other aB entitled « An aft for making provifion for the poor, and other purpofes," paffed at Newbern, in ^ ^^~'^- ^' »•
I onethoufandfeven hundred and feventy-feven. 1799 32.
^11 7HEREAS it is reprefented to this General Affembly, that In many counties in this ftate the ran- I803' is'
I Vy gers have received that proportion of the value of ftrays from the taker up, which according to
he direftion of the above recited ad, the taker up ftiodd have paid to the County Treafurer ; and there
ieing no law to compel fuch rangers to account for and pay fuch fums over to the County Truftee : For
emedy whereof,
I. Be it enaBedby the General Affembly of thejlate of North. Carolina, andit is hereby enaBed by the authori- Duty of
P of the fame. That wherever it can be made appear that any ranger or any perfon ading as deputy ran- tj- Trusteel"^!
■er, has received or ftiaU hereafter receive any fums of money, which by virtue of the above recited ad
ught to have been paid by the taker up to the County Treafurer, it ftiall be the duty of the County
.ruftee, and he is hereby authorifed to call on fuch ranger or perfon ading as deputy ranger, for the
^yment of fuch money ; and on failure of any fuch perfon to fettle and pay as herein defcribed, he ftiall
Jrfeit and pay the fum of one hundred pounds, and be further liable to the fuit of the County Truftee
w fuch fums as can be proved to havebeeli paid by the taker up of ftrays, over and above the ranger's
wn fees. ^
IL Be it further enaBed, That it ftiall be the duty of the feveral rangers within this ftate to make re- Dutv of Ran<r
itn of the ftrays by him entered, to his County Court, which ftiall happen after the firft day of Febru- "s, \.
'y, m each and every year, under the penalty of ten pounds, to be fued for and recovered to the ufe
w
1 20 1 798. of the county by the County Truftee, under the direclion of the Court, before any Juftice of the Peatej
u*or"**» which return the Clerk of the Court fhall copy and deliver the fame to the County Truftee, to the end
that he may proceed to the colleftion of the money due.
III. And whereas it does not appear that there is any ptovifion made in the laft recited a<a, to oblige
the Wardens or Overfeers of the Poor at the expiration of the time for which they were appointed, to
fettle with and pay over fuch fums of monies as remain in their hands : For remedy whereof. Be it en-
Wwdenrofthe a5fedby the authority afereraid. That from and after the paffing of this aft, it {hall be the duty of the per-
jKjor to settle fons who have been Wardens of the Poor, to call upon, fettle with and pay over to tlieir fucceflbrs m of-
wjth their sue- g,gg^ ^\\ monies remaning in their hands unappropriated, which they may have received by virtue of
cesiois, &c. ^j^^.^ appoultment as Wardens or Overfeers of the Poor j and on failure thereof, each Warden iball for-
feit and pay the penalty of fifty pounds, to be recovered by an aftion of the prefent Wardens, on motion
to,the Court of their County, firft givmg (aid delinquent Wardens ten days notice of their intention to
make fuch motion.
CHAP. 1 2. Anaa to repeal part of the eleventh Jeaion of an aS of the General AJfemhly^ pajfed at Newiern, in Hovemher^
2_ , j,j,j,^ j2^ /„ the year one thouf and /even hundred and feventy-feveny entitled « An aft to amend the ftaple of tobacco, :
and prevent frauds." j i i ; •
Aa repealed. I. X\TL it enacted by theGeneral AJfemUy of the flate of 'North -Carolina^ andit is hereby enaBed by the author tty
JTj ofthefamey That fo much of the above recited feftion as makes the feveral counties therein menti-
oned liable for tobacco which may be confumed by fire, be and the fame is hereby repealed *nd made void.]
CHAP. 1 3. An aB to compel owners of slaves to provide proper maintenance for fuch of thiir faves as may be rendered in4
capable offervice by reafon of advancement in years or otherwise.
'HEREAS it is reprefented to this General Aflembly, that flaves rendered incapable of ferving their
owners from advancement in years andi jother difability, are often neglefted by fuch owners, and"^
by'them permiLted to go at large and become a common nuifance. '
VVardens of I. Be it thenfore enured by the General Afembly of the Jiate ef North-Carolina^ and it is hereby enaBedby the
tie pjor to authority of the fame. That the owner of every Have ?yho Ihall be rendered incapable of fervice from ad-
proviJe for vancement in years or other difability, fhall provide and furnifh fuch flave with the ufual allowance ol:
edlncaprillrof food, raiment and lodging furniftied to flaves in the neighbourhood where fuch flave may be-, and if any,
service, in case fuch flave fhall be unprovided for by his or her owner as aforefaid, it Qiall and may be lawful tor the.
ofiiegleflcf -Wavaens of the Poor of the county where fuch flave may be, (if the owner of fuch flaves lives in fucH
the ovviiers. ^.q^j^^^^ ^,^^I ^^gy are hereby required to furnifh fuCh flaves with food, raiment and lodging aforefaid, and
make a charge of the fame to the owner of fuch flave; which fum fQ expended the faid Wardens fhall
and may recover by warrant againft such owner before any Juflice of the Peace, if the. fum fo expended,
exceeds not the fum cognizable before a luftice by law, if fo, then before any Jurifdiaion having cog-
nizance of the fame. Provided always, That the fald Wardeiii fliall not at the expenee of the owner
nrovide fuch flave 98 afovcfaid until they or one of .theni fliall firft have given the owner of fuch flave n*.
tice to provide for and furnifli fuch flave as is heroin required, which notice fhall be ferved upon fuch own-!
er ten days previous to the Wardens' providing for fuch flave, and fhall and may be ijrued by any one o|
faid Wardens, upon information being given to him, and by him dir^aeu to the Sherlifor any Conftabl«
of the county, who are hereby required forthwith to execute the ftme, ?n(J make retprn, of the fame to
the Warden who ifllied fuch notice, or to any one of them.
Executors 8; I^- ^'"^ ^^ it further enaBed, That if the owner of any fuch flave fhall be dead, the executors or admini-
to prov"idc. kc'. ftrators of fuch deceafed owner, fhaU provide for fuch flave in manner aforefaid, out of the ettate of luelj
deceafed owner, and upon faUure fo to do^ the Wnrdens aforefaid fhall provide for .fuch Aave a^^ aforefaid
and proceed against fuch executors or adminiftrators in every refpeft as herein dire^ed agamft the owner;
or if any fuch flave fhall be liable to the direaion of any guardian, fuch. guardian fliall make the provifiori
aforefaid for fuch Gave out of th« eflate of his ward,; and upon failure the Wardens aforefaid, fhaH
provide for fuch flave as aforefaid, and proceed againft: fuch guardian in manner aforefaid; and fuch
executors, adminiftrators and guardians fljall be allowed the eipence of making fuch provifion for fuc*
flave in their fettlements.
To remove III. And be it further enaSed, That when any fuch flave (hall be in a county other than the county
ilave to the where the owner of fuch flave, or the executors or adminiftrators of a deceafed owner, or guardian re-
owner, &c. ^^^^^ ^j^^ Wardens aforefaid may remove fuch flave to the owner, or to the executors or adminiftrators
of a deceafed owner, or to any gusrcl-ian, at the expence of fuch owner, and at the expence of tlFie ex- 1798. 121
editors, aciraiiiiftrators and guardiaiie in ijjich cafes. v.-«'-v-<».j
IV. And be it further e/iaiieii, Thztanf^p>r.o of the Wardens of the Poor, fhall have power and authori- Two \\ ardens
ty to cafiy tlie foregoing proyifions into cffed. pow'er'^^&c
JftaB to fiifpend certain parts of the acls of the General ylffeinblyy pajfed in the years 11^^ and 1784', relative CUAF. 14;,
to the office of Martitt Armflrongi kep^in Nafhville, and ta d'rreSf and limit the manner of iffuing grants on
military Ian ■■ •warrants^ and warrants ijjued from the late office of John Armjlrong ; and to appoint a Bsard 1733 3.
of Coinm'ffioners for the further examination of frauds committed in the Secretary' s-tffice.
I. I* E it enacted by the General AffemUy of the fat e of North Carolina, and if is hereby enacled by the an- ^^" "\ ^J^ *^
J[J thority of the fam£. That fo much of an 3ct of the General AlTembly, pafled in the year one ''*'••
thoufand feven hundred and eighty-three, .entitled ''An act to amend an act for the rehefof the officers
and foldiers of the continental line, and for other purpofes," as doth or may relate to the appointment
of Colonel Martin Armflreng as Surveyor of the lanils allotted and referved for the officers and foldiers
of the continental line of this fi;ate, under the faid act, pafled the thirteenth day of April, one thoufand
feven hundred and eighty-two, be and the fame is hereby fufpeuded as to all operation thereon, until
the next feffi on of the General Aflembiy.
II. And be it further inacled. That fo much of an act paffed in the year one thoufand feven hundred 1. ^"84, 15.
and eighty-four, entitled " An aft to amerd an a£l entitled an a£l for the relief of the officers and fol- ^*''* "■^^^ ^^
diers of the conrinental lin?, and for other purpofes," as relates to the office of Col. Martin A-rmftrong, ^ P ^ ^
being kept in the town of Naftiville, in the county of Davidfon; and fo much of faid aft as is contained
iothe firft and fecond feftions thereof, be and the fame is hereby fufpended until the end of the next '.^•:-
feffion of the General Afiembly. "
III. And be it further enaSled, That three Conrimiffioners he appointed by joint ballot of both Houfes of Comroissioners
the General Aflernbly, and the faid commffiquers when fo appointed ffiall form a Board, and fhall m«et ip *°^°''™*'^o='f'^»
the city of Raleigh on the firft day of March, and fiiall continue to fet ninety days, if the nature of '^ '
the bufinefs fhall in their judgment revquire the fame, and the faid Commiffioners may adjourn from time
to time, as they fhall think proper, until they fet the full time of ninety days as aforefaid, jf the bufinefs
fhould require it.
IV. And be it further enaSlid, That the Board when fo commenced, fhall proceed further to invefti- ^^J^^i^-
gate the frauds fuggefted to have been com.mitted in the Secretary's-office, in obtaining land warrants for "^ ' »'^'
military fervices, and in obtaining warants from the office lately kept by John Armflreng, and in obtain-
ing grants on warrants in .either of the above cafes; and on fuch examination and difcovery of any frauds
committed, Ko report the fpecial faft with the name of the perfon or perfons concerned, to the Governor
fqr the time being, who is direfted to lay the fame before the Attorney or Solicitor-General of the state,
whofe duty it fhall be to take the neceflary orders thereon, for the purpoCe of bringing to juftice fuch
perfons as may have been guilty , of any of the above frauds fuggefted to have been committed.
V. A7id be it further enaBed, That the Board of Con^jniffiorers hereby establiftied, and their Clerk Compensation,
tQ be by them a.ppointed, fhall receive the fame compenfation for their fervices as were allowed the late
Board of Enquiry eftablifhed by an aft of the last General Aflembly for the inveftigation of frauds fug- Ante, p. 111.
gefted to have been committed in the Secretary's office.
VI. And be it further enaBedj^hzt it fhall be the duty of the Secretary to lay before the commifRoner Secretary's du.
ao accurate lift of all grants iflfed on military land warrants, and on entries made in the office lately kept 'y»
by John Armft^ong, reciting in faid lift the number of the warrant or entry and the name of the grantee,
for which labour and expence the Secretary fhall be allowed by the next General Affembly.
Vn. And he it further enaBed, That the Secretary be and he is hereby direfted not to iffiie any Not to issue
grant or grants upon any warrant obtained from entries made in the office of the late John Armftrong, or g»ants, fic.
upon any military warrant which in either cafe may be deemed fraudulent by the faid Ccmmifficners,
or when in the opinion of the faid Connn-nffiorers any proceedings relative to the .obtaiping the faid war-
rants or in making the furvey have been illegal.
VIII. And he further enaEled, That no grant fliall be made or iffued on any of the faid warrants or en- Grants how to
tries until the Board of Commiffioners (hall meet, nor then upon any but fuch as fhall appear to the faid be issued, &c,
Commiffioners to have been legally obtained, and properly furveyed and returned agreeably to law.
IX. And be it further enaBed, That no warrant ihall be iflued by the Secretary u^til the General Af- Warrants not
fembly fliall make provifion for that purpofe. "> be issued.
122 1798. An aBto repeal an act fntitled « An aft for claffing of the Juftices for the purpofeof ht^og the County
Courts of Pleas and Quarter-Seflion5 in this ftate. "
I • "D E it enaEied by the General Ajjembly of the Ji ate of North- Carsiinay and it is hereby enaSied by the authority
X) of the fame, That the before recited aft and every claufe and part thereof, as^ far a& relates to claf-
fing Juftices, is hereby repealed and made void*
CHAP. 17. An aEl granting the Tufcarora nation of Indians two other Commi/Jiontrs in addition to thofe nov} acting for
them.
1,1773,16. "^XTHEREAiS the Chief of the Tufcarora nation of Indians hav& made it appear to this General
V y Aflembly by petition, that it is indifpenfably rteceflary there fhould be two other Commiflioners
^pointed for them in addition to thofe now a£ling, and have recommended as their choice William Wil-
liams, of Martin, and Samuel Johnfton> jun. of Bertie county, for that purpofe \
Commissioners I. Be it enacted by the CJneral iffembly of the Hate of North-Carolina y and it is hereby enacted by the authori'
appointed, &c ty of the fame. That the fald William Williams, of Martin, and Samuel Johnlton, jun. of Bertie county,
are hereby vefted with the fame powers and authorities with the Commiflioners before appointed for the-
Tufcarora nation of Indians i and from and after the paflTmg of this ad fhall be confidered as Commifhon-
ers to ad for them ia additioato thofe now a£Ung ; any law or cuftom. to the contrary notwithftand-
Court lo grant
licence.
Applicant to
give bond.
Form of the
boiiJ,
CHAP. 18. An act for regulating ordinaries, houfes tfentertdnment, and' ritailert of fpir'ttuous liqueri by the fmatt meu"
fure.
Retailers to sell L jD E it enacted by the General Affembly of the fiate of North-Carolina, and it is hereby enacted by the au-
by^«aled mea- |_J thoriiy of the fame; That all perfons hereafter retailing liquors fliall fell the fame by fealed meafures
or fuch other meafures as Ihall at leaft contain the full quantity pretended to be fold.
II. And be it further enactedyThzX any perfon by applying to the Court of the county in which fuch
perfon dwells^ and praying a licence to keep anordinary, may at the difcretionof fuch Court be ordered
tO'have a licence for the purpofe aforefaid, unlefs it (hall appear to the faid Court that the perfon fo ap-
plying is a perfon of grofs immorality, or of fuch poor circumftances and flender credit, that they think
him or her not able to comply with the intention of this ad. And on granting fuch licence, the perfon
who applies for the fame fliall produce one or more fecurities to the faid Court to be by them approved,
who fliall before the licence be made out, joia with him or her in a bond of the following tenor,
to wit:
KNOW all men by tliefe prefents, that we A. K; and CI D; are held and firmly bound to ,
Governor of the ftate of North-Carolina, in the fum of one hundred pounds current money of
the Itate, to be paid to the faid ... or his fucceflbrs in office ; to which payment well and truly to
be made, we bind ourfelves and every of us, our and every of oar heirsj executors and adminiftrators,
jointly and feverally firmly by thefe prefents. Sealed with our feals and dated the ■ -day of — — .
TliE CONDITIQN of the above obligation is fuch, that whereas the above bounden A> B. hath ob-
tained a licence to keep an ordinary at ; if therefore the faid A, Bi doth conftantly find and pro-
vide in his or her faid ordinary, good and wholefome diet and' lodging for travellers, and ftable, fodder,
corn and pafturage for their horfes, for and during the term of one year from the day of , then
this obligation to be void, otherwife to remain in full force ; and in cafe^f breach of or not complying
with the condition of the faid bond, it fhall and may be lawful for any perlon in the name of the Gover-
nor, to fue for and recover the penalty of the faid bond, and apply one half thereof to his or her own ufe,
and the other half to the ufe of the ftate.
Continuance of III. And be it further enacted. That when fuch bond fhall have been given, the Clerk of the Court fliall
the licence. prepare a licence and fign the fame, M'hich licence fliall continue in force one year and no longer ; and
the faid Clerk fliall receive the fum of eight fliillings for his own ufe in full for his fees and furnifliing 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 fiirther fum of forty (hillings, for the ufe of the ftate.
IV. And be it further enacted. That if any ordinary keeper fhall entertain fervants or flaves againft the
trrtaininp •wijl of their owners,or common failors againft the diredion of the niaftere of vcflels to which they belong,
lorl** **' ^*'' every ordinary keeper fo offending, fliall and may by order of the Juftice before whom fuch offence fliall
be proved, be from thencefortl^ fufpeaded and diiabled from keeping an ordinary, as if he or flie had ne«
Clerk's fees,
AOi. to be paid
to the iitate.
Ante, p.^ 6,
Penalty for en-
ver obtained a licence for that purpofc, and Ihall be further fubje£i to a fine of five pounds to the ufe of 1798. 12S
the party fuing for the fame, to be recovered before any Juftice of the Peace, fubjecl neverthelefs to an v<,^-v-«*J
appeal to court as in cafes of other warrants^ by either party who may think themfelves aggrieved by the
determination of fuch Juftice.
V. And be it further enaEiedy That the Juftices of each county fhall once a year or oftener if necelTary, justices to rate
at the firft Court to be held after the firft day of January, in each year, rate the prices of liquor, diet, lodg- the price of u-
ing, fodder, corn, provisnder and pafturage to be taken by ordinary keepers in their refpeftive counties ; ^"O"^** ^'='
and every ordinary* keeper Ihall within thirty days after fuch rates are fettled, caufe the fame to be fet'
up in the cotntnbn entertaining room of fuch ordinary, and there kept until the rates are again altered; ^"*'',°^'"''^''
and on failing fo to do, fhall forfeit and pay the fum of twenty pounds to the ufe of the county wherein &c7 ^"'
fiich offence may happen, to be recovered before any juftice of the peace of the faid county, fubjedl ne-
verthelefs to an appeal as in other warrants. ,,
VI. And he it further enictedf That no ordinary keeper fhall fell or credit liquofs to any perfon to a Not to sell on
greater amount than five pounds, unlefs the perfon fo credited fign a book or note in the prefence of one "^'^''^ fo"^ """"e
or more witnefTes in acknowledgment of the faid debt, under the penalty of lofing the money fo credited ; ^^^^ ^^'
and in any adlion brought for recovery of fuch debt, the general iiTue may be pleaded and this a£t given
in evidence.- Provided nevirthekfs^ That nothing in this aft contained ftiall be conftrued, deemed or ta-
ken to prohibit or reftrain any^ perfon fo fell by retail, brandy or other diftilled fpirits, th6 produdlion of
his own farm, by thfe quarter a greater quantity,
, VII. And be it further enactedt That every perfon who intends to retail fpirituous liquors without ap- nufy of persors
plying to the court for a licence to keep an ordinary houfe of entertainment agreeably to the dire£tions of''^^**'''"K.*P'""
this aft, (hall annually at'the time of giv^ing in his or her lift of taxable property fignify the fame to t^g ^"''°"^''"'''^^'
Juftice of the Peace authorifed to take fuch lift, whofe duty it fhall be to report the fame to the Clerk of
the court,- defignating the fame. And all perfons fignifying that he or fhe intends to retail fpirituous li-
quors by the fmall meafure as aforefaid, fhall pay the Sheriff of the county wherein he or Ihe refides,-
the fum of forty-eight fhillings for the ufe of the fiat<;, for one year.'
VIII. And be it further enactedy That any perfon obtaining liberty tb' retail fpirituouS liquors as afore-' Penalty on sel.
faid, and fhall fell to flaves^ without a permit from his or her owner, or fhall keep a diforderly houfe, he ''"S to slaves,
or fhe fo offending on conviftion thereof before any Juftice of the Peace, fhall forfeit and pay the fum '^'
of five pounds for each and every offence, to be recovered before a Juftice of the Peace, one half to the
ufe of the perfon fuing for the fame, and the other half to the ufe of the county where-fueh offence was
committed.
IX. And be it futther enacted^ That any perfon undertaking to felF fpirituous liquors by the fmall niea- Penalty on sel-
fure, or by any other ways or means where the quantity is lefs than a quart, and receive pay for the fame, ''"S without li-
not having a licence or lifted himfelfas aforefaid, fhall on conviftion thereof forfeit and pay forty-eight '^*"'^^> ^^'
ihiilings for the ufe of the ftate, to be recovered before a Juftice of the Peacej and be further liable to'
prefentment or indiftment for the fame offence.
X. And he it further enactedy That all afts and parts of afts' coming, within the purview of this^^ aftj Repealing
be repealed and made void. clause.
An act for the prevention of vice and iminoraUty b<j fupprejfingexcejftve gaming, chap. 19.
'¥'TTHEBEAS thepraftice of gaming is^ produftive of idlenefs, diffipation" and^ depravity of mo- 1799,12.
I. Be it enacted by fhe General Ajfembly ofthefiate ofNorth^Carolinity and it is hereby enacfed by the authority Monies staked
ojthefamey That all monies exhibited for the purpofe of alluring perfons to bet againft, at any game -, ''^V'V°''* ^'
and all monies aftually ftaked or betted whatfoever ; and all fpecies of other property, fhall be liable to ^ ' ^'
be feizedby any Juftice or Juftices of the Peace, or by any other perfon or perfons under a warrant from
a Juftice of the Peace, wherefoever the fame may be found ; and all fuch monies fo feized fhall be ac-
counted 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'appliod by the faid Wardens in aid of the poor tax, de-
dufting thereout fifty per centum upon all the monies fo feized,. to be paid to the perfon or perfons ma-
ring the faid feizure.
II. And be it urther enactedy That all gaming tables of what name or denomination they fhall be called, Gaming tables
"ire hereby totally forbidden to be ufed in this ftate by any perfon or perfons whatever. And all Juftices forbidden, &c.
12.1- !798. of tlie Peace, Commiffioners of Police, Sheriffs or Conftables, are hereby authonied and dueaed m
v,^-0 cafe of information made to them, to feize and deftroy the fame, by every nieanm their power.
Penalty on suf- III. And he it further enacted. That any perfon whatfoever who Ihall fufter the game of Bilhards, or any
fenng >h -m to of tlie games played arthe tables commonly called A B C, E O, or Faro Bank, or any other gaming t..-
he used. &c, ^,^ ^^ \^^y ^\ j4 ^^^^ or li^e l^ind, under any denomination whatever, to be played m his or her houie,
i^r^ or in a houfe of which he or fhe hath at the time the uie or poffeffion, Ihall for every fuch offence, tor-
iSOl! i": feit and pay the fum of one hundjed pounds, to be recovered in any court of record, by any perform fuing
r.nahy on op. ^^'iV.^ ^Tdl it further enacted, That any perfon who (hall oppofe the deftruaion of any of faid tables, or
posiaj their de. ^^^ j^i^.^.^ ^^ ' fuch monies as above defcribed, by any perfon or perfons fo authorifod to make it,
stru.a,oa. &c. ^^jj ^^ j.^^^j^ ^^ I j^^ ^f g^^ j^^^d^^d pounds, to he recovered in any court of record, for the ule of
the ftate, and (hall be further liable to the aaion of any party gneved by fuch oppofition ; and any perfon
or perfons who Ihall take or carry away any part of the faid money after the faid feizure Ihall be declar«l,
fhall be guilty of a mifdemeanor, and liable to be indifted or prefented therefor, and on conviaion fined
at the diicretion of the court trying the fame. r -, r, • rt >^„ „„j r,jr
Th-s acttobe V. And be it further enacted, "iLut (hall be the duty of the Judges of the Superior Courts and M,
fi;%EaS? tices of the Co/nty Courts, to give this ad in charge to the Grand-Jury, at the time when fuch Grand^:
to tue.ran ju j^ fj^^n ^^ j- ^^^^^ ^ ^^^^ ^^^^^ ^^_^ ^^^^^ ^^^^ ^^^^ ^^^^^ ^^^^^^^
sTo" r:."" otherofHcer (hall be commanded to take the body of any perfon or perfons to anfwer to ^"7 ^^^^^ trough
V,:Znt for recovery of any forfeiture or forfeitures arifmg under any penal ftatute of this flate, fuch Shenft^or
f^ 3^- -take officer ihall take bond with two fufficient fecurities, in double the fum ^^'^^^^'^'^^"^^ /^^^f"" °Jj P^^"'
''I'Jr? 2 fhall be held in arreft, and fhall return fuch bond w.th the wnt; and in cafe any Sheuff fhall fail or neg-
' ' • lea to take fuch bail or the bail be infufiicient on exception taken and entered tl^e f^'^^.ter™ tojvh^^^
fuch procefs fliall be returnable, the Sheriff or other officer having notice thereof, he fha 1 be deemed and
ftand^as fjecial bail : And the faid bail bond fhall be endorfed by faid officer m the mode prefcribed by
aw for aLnment of bail bonds: And the faid bail (hall be fubjea to the fame rules, and hable m the
f me manner as bail taken in civil cafes •, any law, ufage or cuftom to the contrary notwithftandu g.
Provisoes, Provided nev.rthelefs. That this aa as it may refpea Billiard Tables fhall not have effea until the firlt
d^iy of April next. And provided aljh, That this aa fhall not extend to or preclude horfe-racing.
CHAP 21. 4n act requiring the Secretary of State to enter into bond for the faithful performance of Us duly
oJJi'^oftiW. I. T> E it enacld by the General IffLuy of the ftate of Ncrth^Caro^tna, and U u hereby enacted by t^on. ,
ccivebond K , ,/ ,^, /2,,4 That the Governor for the time being, be and he is hereby required wuhu one -
from the Secre. ^^^jj^^^ ratification of this aa, to demand and receive from the prefent Secretary of State a bond ,
'"'• Td ufficient fecurity in the fum of ten thoufand pounds current money of tne llate ; winch bond fliall \
be taken in the nami of, and payable.to the Governor for the time being, and his fucceflprf in offic' ,
which bond fliall be as follows, to wit : , ,, , r i i j" «.« '
F, rm of the Y> NOW all men by thefe prefents, that we A. B. C. and D. are held and firmly bound unto — -- ,
^''"'^- K Governor of the ftate of North-Carolina, and his fucceflors in cffi.ce, in the fum ot — cu , ^
renTmoneY of the ftate ; to which payment well and truly to be made, we bind ourfelves, our heirs cxe-
cutLTSdmSptor's, jointly an^dLerally, firmly by tnefe prefents. Sealed with our feals, a«d dated
*^' THECONDITION ^e above obligation is fuch, that whereas the above bounden A. 5s conftitu-
ted a'^d^™i Lcretary of State for fhe ftate of North Carolina ; if there^-the ^.d A. (hall well
and truly execute and difcharge the duty of Secretary of State in all cafes .grceably to law,
then the above
ohhiration to be void, otherwile to remain in full fprce and ettett. \ ■ \. ^- ^r *u:c nA^
To be deport- W'Tnlberfurti:^^ That the faid bond when executed agreeably to the mtention of this aa,
f;d II. the Trea- niall Up ;jpnnrited in the Treafurer's-office for the fafe keeping thereof. r o ,. u r. - 1
..rer's office. "' j i ifj^ L l/^^^^^^^^^^ That it fliall be the duty of each and every Secretary of State hereafter ^
n„tv of SecrP. V^- ^'"^ bett further enactea, ludt i j ^ ^^ aforefaid, to take the |
Duty of Secre- s
vary before en- '•O i)
.-.. - r?^=r':Se^^s^i£^.^-^
teringon the oaths required by government, and alto the oath otot nee, to wu . / ^ , p j-
d.u.ief of office. i„ 3II cafes faithfully and honeftly execute the office of Secretary of State foj '^^^^^^j^^^^/^r^Op "
during my continuing in office, according to law.. . ►'^ "^^
^£S^SP^^^=^^^s^^^^
Persons injursi
may bring suit.
... J ^ , . "'*/ ofing St
> au c.fe ,0 pay *. c|, tlJrr4f;lr;;sl^'T^^
■proper agents, or bv Henry E M'2u"loch Ar Aur nil, M P'"?™'"" °' North-CroHoa, or their
amended whei error may have haoDnS^*- lw^f,?l •' ^"'J and CQmpanjr, or their agents, (hail be
|armgofthisa.ai,ftai,U'4yTnawfulfo,.re &'<?rutt^^^^^^ ^"'' ''«"*' =— ■ ,
Mentation of the original aramees or their If«lr™,rT.' '"'"'"'y ^"""s ™!«" 'bi? ftate, on the repre- cognizmc, '
iance of allfuch iLr ISl nr n* , J ° reprefen atives.or aff.gns, to take full and complete cogni- .i.te&c.
and ex«„, d b "any?/ Ae folfSd pXT''a"„Ti Tt '"'' '*''K "i,*'" i*"-* "''P=^'«^^ ^"■^■'«' »' "» '""" ""
either by the sLeyor in plS&idfaSt 'or b. Ir"^^?"* '° ''''"• *^
po»erei^ through their Ch^irSS^to corr "a faM Jr^lFT' '" ""t-TA ''^ "*'■ '^'^ ">»" ^e em-
•the Chairman, iall.be eonlidetedSodTndvaUdanTr.ft'?'*'!,'''''''^ '''''' ^^"-""^^
and a full and complete copy KofentSil the rltdl /T"^''^^^ '"'' '^""'^ "' *« Court,
™,-. That the recTuifites i'/cumban Tn'The ^^r^^rZttnhlf.^'' W "S"''-''"/ /""*'' "'' '"™"-
hearing of his petition, (hall be ftriaiy attended to as to dl neritS^, ,».*» before recited afl previous to
of this aft, except as to tl,e «umbe,o^J,fticeInrcefcy""CTefamr "? ""'"'"■ ^^ *"""">"'/
ty Cour,s%here the bomd^s of MnlS. pot com^^^
CHAP. 23,*
^ \V foles abate by marrLe of the nlSndff l^ kV^"^ ^' "."°^ """^'» ^"^^« b^°"g^t by Feme
of thlir jua rights : For remedy whereof * '^^ *^"^ ""^ °^'"" ^^^^^^^ «"«• fometimes deprived
fl^all abate on account of the j^aintifi? maSage aL^^ ^^°;f J'"^y.^r'°^^^^°^^'l"'*y ''"^'^^■
having a fuit depending to make himfelf a pTrtf thei^l iJt .' H.^"' *' ^"f '"'^ °^^"y ^^^^^
his mairiage ; and the fSit fhall afterwards bf caLd on a^ ?f l,f Tv. * v TA"' ^^^^^^^ing term after
''"ll ^fl'f or cuftom to the contrary notwSftanJing' ' ' wife had been originally plaintiffs ;
plaintiirrto he(h7ntiffTnthe^^^^^ f^ perfon who has married aFeme fole Husband lia
•duty of the Qerk of faid Court to take bonded fecuri^vfnr Sf ^'^^ befo'« "'^"•>ge. it (hall be the for ,«ts, 8.c
form as is ufual in other cafes j and in cafe oTfai^Tr^ f ^ r P^y'r^"^^^ l^e fofts in like manner and
fecurities ihall be held and deemed liable frthriavm^ff'"^^^ wnh effefl, the faid tuftand and his
^he have failed to profecute, and ftaU be fubie£^?d^t^!r ? '°^'* •" *^/ ^'""^ "''""^'' ^ °*^«' P^^^^tifFg
t M ivna anau be lubjefted to the fame writs of execution j and upon faid bond
126 1798. being executed, the fecuritjr origiiUily given for the profecution of the fuit fliall be difcharged from anjr
■ 1 liability thereon.
CHAP. 24. ^'* ^^' '" omend the fecond ftction of an act pajfed at Fayett'evilUy in the year one thou/and feven hundred and
eighty-fixy entitled ^^ An aft to compel certain officers therein mentioned to publifti the application of
' public monies and allowances for inlblvents."
Duty of Clerks. I. "j3 E '^ enacted by the General Afemhly of thejlate of North-Carolina, and it is hereby enacted by the authe-
j^ rity of the fame i That from and after the pafling of this a£l, it fhall be the duty of the feveral
Clerks in this ftate, in their ftatement of taxable property required by the fecond feftion of the before re-
cited aft^ to be polled up in their refpeftive court-houfes, to add to each person's taxable property the a-
mount of the tax for which he, Ihe or they may be liable \ any law, ufage or cuftom to the contrary not-
withftanding,
CHAP, 25. An a£l givingfurther time for the regiffering grants^ proving deeds and me/he conveyances which have nst been
proved and regijlered within the time heretofore appointed by law.
Time allowed ^* "T^^ it enaSledby the General Affimbly of the flate of North-Carolina and it is hereby (naSled by the aui^
for registering j[j thority of the fame. That all grants for lands which have not been regiftered within the time here-
1756^6^*^* *of0re appointed by law, flaall and may within two years after the pafling of this aft be admitted to regif-
4, l76oi 6, tration, and fliall be as good and valid as if they had been regiftered within the time heretofore allowed
1, 1764, e! by law.
For proving, II. And be it further enaBed by the authority aforefaidlTHzt all deeds and mefne conveyances of lands,
178^^4*'^'^' **"®™^"*s and hereditaments not already proved, acknowledged and regiftered, fliall and may within two
1790,' 17. years after the pafling of this aft be acknowledged by the gratttor or grantors, his or their agents or attor-
1800, 12. nies, or be proved agreeably to the laws heretofore in force, or being, fo acknowledged or proved be deli-
Ifaoa' 2i'- vered to the Regifters of the counties where fuch lands, tenements or hereditaments are refpeftively fitu-
Ante p. 23 77, ^^^ ' ^^^ ^^' deeds- and mefne conveyances whati'oever, which fhall be* acknowledged, or proved and re-
' giftered according to the direftion of this aft, fliall be good and valid, and take efteft' as fully to the ufe
and"benefit of the grantees, their heirs or afligns refpeftively, as if fuch deeds and mefne conveyances had'
been acknowledged, proved and regiftered agreeably to the direftions of any laws heretofore made.
CHAP. 26. AnaB to amend an aB entitled "An aft to empovi/er the feveral County Courts of Pleasand Quart«r-Sef-
% 1784( 14. ^''"s of the feveral counties in this ftate, to order the laying out public roads, and to eftablifh and fettle
ferries, and to appoint where bridges fliall be built, and to-clear inland rivers and creeks. "
WHEREASby the before recited aft power is veftfed in the County Courts toereft public roads^
ferries, bridges, &c. and whereas it frequently happens that perfons fettle in remote places, t
where there is no public road leading, to and no way to get to and from, other thanby crofling other per-
fons' lands, and it is not neceffary to eftablifti a public road, by which means fome perfons have it in their
power to prevent others from having a cart- way to arid from their own lands ;
thtTavin °S' ^' ■^^ '' therefore enaBed by the General AJfembly of the fate of North*Carolina, and it is hereby enaBed by
cart-wayf, &c. ''^ authority ofthefameyThztivom and after the pafling of this aft, on the petition of any perlSn or perfons ■
to the County Court for a cart or waggon way to be kept open acrofs another perfon's land, uftlefsfuch
petitioner fliaiU make it appear to the fatisfaftion of the court that the adverfe party has had twenty days-
notice of fuch his intention, it fhall be the duty of fuch court to caufe fuch petition to be filed in the
Clerk's-ofiice until the next fucceeding court ; at which court the Jnfticesprefent fliall hear the allegati-
ons fet forth by the petltionei;, and if fuflicient reafon be fliewn, it fliall be the dutyof fuch court to pafs an
prder dire6lijig the Sheriff to fummon a jury of twelve freeholders, to go on the premifes and view the
fame, and lay ofl" a cart-way not lefs than fourteen feet wide and affefs the damages the owner off uch land
may fuikin tljereby j and foch damages with the expence of making the road {nail be paid by the petiti-
onee, and fliaU be kept open for tlie free paflage of petfons on horse-back, carts and waggons. Provided ,
fioviso, nevertheJefsy That.any petfon acrofs whofe land fuch cart-way raaypaf8,ihall at the difcretion of fuch pro- I
jprietor be at liberty to ereft gates or bars acrofs the fame. . j
ftJoylng &c ^^' '^' ^ffd'be it further enacted. That any perfon that ftiall leave open, break down, or otherwife deftroy !
^at«s or bars, '^''y Z^^ ^^ bars that may be ©refted acrofs any cart-way laid off as aforefaid, Ihall on conviftion thereof
forfeit and pay twenty {hillings for fuch ofFence, for the u{e of the petfon fuing for the fame, to be re- 1798. ?I27
covered before any Juftice of the Peace for the county where the offence may be committed. (^xv-v^O ,
III. And be it further enactedy That when any cart- way laid off as aforefaid for and at the requeft of a Cart-ways t«
»etitioner or petitiqners for the ufe as aforefaid, (hall be free for the paflage of any perfon or perfons to be free, &c.
oafs. ProHiidedy That this a£t fhali not be conftrued fo as to exempt any Tuch petitioner or petitioners
from working onthepuWic roads to which the court may have directed.
An actio prefcrihe the refidence of the Governor of this fiate. REPEALED^ 1802, 25. CHAP. 27.
,An act directing the duty of Sheriffs in certain cafesy as far as refpects the collection of the county arid poor faAr. -c«ap. 30.
■kT|THEREAS it is reprefented to this General Aflembly, that at prefent there is no law to compel
V/V the Sheriffs or any other perfon to give bond and fufficient fecurity for the colle£tion of the taxes
aforefaid; for the want of which,, the county and poor are deprived of the relief which they fhould
have \ .
I. Be it therefore enacted hy the General Ajfembly of theflate of North-Carolina^ and it is hereby enacted by the Sheriff to ente»
authority ofthefamey That from and after the paffing of this a£l, it fhall be the duty of each and every into bond.
Sheriff within this ftate, wha may hereafter be appointed, to enter into bond with fufficient fecurity,
payable to the Chairman of the Court of which he may be appointed, for the time being, and his fuc-
ceffors in office, for the due colledlion and accounting for the county and poor tax j as weU as the public
tax ; which faid bonds {hall be executed previous to their entering on the execution of theiroffice.
II. And be it further enactedy That the SherifFs aforefaid {hall be entitled to the fame commiffions, fub- Commission.
jeft to the fame rales, regulations and re{lri£tions in refpeft to their fettlement of the county and poor
^ax with the county Treafurer and county Wardens, as they are in their fettlements of the public tax
with the Treafurer of this {late ; and fhall return a lifl upon oath, of all monies by them received on
property not contained within the Clerks* lifts, and account for the fame j any. law to the contrary not-
withftanding.
CHAP. 31.
.^« fff/ Yo a>»W <»« «c/if«/zV/?i "I'eme coverts how to pafs lands." 1715 28
WHEREAS doubts are entertained whether under the before recited aft, or any other exifting law Post 'p^ 1*29.
of this ftate. Feme coverts reading without this ftate, have any right to make a power of attor-
ney to any perfon to convey for her the right, title and intereft which fuch Feme covert may have in
lands, tenements and hereditaments within this ftate :
I, Be it therefirt enacted by the General AJembly of the fate ofNorth-Cardlinay and it is tiereby enacted by the Attomies of
authority of the fame.; ThztzW conveyances^whieh may hereafter be made by any perfon under a power of co^ey°lInds,'°
attorney from any Feme covert re{iding without the {late, by her freely executed jointly with her hufbandi
ftiall be held good and valid to all intents and purpofes to pafs the e{late and title which fudi Feme co-
vert may have in fuch lands, tenements and hereditaments within this ftate, as are mentioned or includ-
ed within {tich power of attorney, whether in fee-{imple, right of dower, or otherwife. Provided never-
thelefsy Tlj^t every fuch power of attorney fhall be feparately acknowledged by the Feme covert execut- Proviso,
ing the fame, and duly proved as by the laws now exifting, deeds of conveyance by Feme coverts are
required to be acknowledged and proved.
V •• .... _ ij**'
An act more fully to afceriain the duties of the Public Printer. CHAP. 32.
I. T) E h enacted by the General Affemily of the flate of North-Carolina y avfi U is hereby enacted by the au- 1785, 27.
Jo thoriiy of the fame, T^at from and after the firft day of June next, the Public Printer {hall on or Ante, p. 43.
before the {irll day of each feffion of A{rembly^ have at Raleigh, a printing prefs and apparatus in readi- to"be done"*"*'"
nefs to porform the duties heretofore enjoined by law, and fuch other printing bufinefs as the General Raleigh,
AiTembly fhall from time to time require ; and fuch printing prefs and apparatus in readinefs as aforefaid,
and for the purpofes aforefaid, there {hall remain during the fitting of the AfTembly, and after until the
printing contemplated by law for the ufe of the members of AiTembly, and until the printing of the laws
and journals IhaU be completed. And it {hall be the duty of the Secretary of State to deliver to fuch g t f
.Public Printer, complete copies of all the laws, and of the Clerks of each Houfe to deliver to fuch Pub- sute and'^
lie Printer complete copies of the journals of each Houfe, within twenty .da,ys after tlie rife of ea?h Gen- Clerk's duty,
eral Aflembly.
228 1798. n. And be ttjitrther enacted^ That it (hall be the further duty of the Public Printer to furnifli eacjs
*— \r— ' member of the General Aflembly with a copy daily of fuch public a£is as may pafs during the Otting o"
P^WJc acts fur. each General Aflembly.
Lai7and'j-ur- ^^^' And be it further enacted, That llie Public Printer (hall within ninety days after the rife of eac
naistobeprint- feflion of the General Aflembly, have all the laws and journals of faid feflion printed jin4 feady to be dc
edin90day». livered as heretofore made his duty by Istw.
I.
An aB to advance the adminiflration ofjujiice in the Superior Courts.
BE it enacted by the General AJfembly of thejlate of North-Carolina, and it it hereby enaBed by the authorif
of the fame. That in addition to the four judges qf the Superior Courts of Law and Equity i
this ftate, one other perfon of found legal knowledge fhall be appointed by joint ballot of both Houfe
of this General Afliembly, a Judge of tne faid Superior Courts, who (hall hold his office under the fame
rules, regulations and reftri£tions, entitled to the fame privileges, powers and authority as hath hereto-
CHAP. 33.
2,1777,2.
1790, 3.
One other
Judge to be
appointed.
T/jere are but
Xejbrmer'hm}- ^°'"^ ^®^" exercifed, pofl'efled and enjoyed by the Judges of the faid'Superior Courts
ing died in Oct. H. And whereasit is juft and right that the Judges of the Superior Courts as aforefaid^ fliould be paid
1799. ill proportion to the advantages arifing from their fervice and attention ; Be it therefore further enacted,
ble orserving^ That when it (hall fo happen thatany of the Judges of the Superior Courts as aforefaid, be rendered in-
fer six months, Capable to attend in difcharge of the duties of their office for fix months fucceffively, it (hallbe the duty
not to receive of the Treafurer, and he is hereby directed to withhold fuch Judge's pay, and every part thereof, that
their sa ary. might be due after fuch difability, until fuch Judge re-aflume the duties of his office, or until otherwifd
Const. V21. directed by the General Aflembly, ■ ;
CHAP. 34. A*^^^ to revive and continue in force an aSl of the General Affembly, paffed at Netubern, in the year one thoU'
fand feven hundred and ninety-four^ entitled " An ^£4 to cede to the United States of America, certain
lands upon the conditions therein mentioned."
WHEREAS the time limited by the faid aft for ere&ing fortifications on the lands thereby ceded,-
hath expired; , ■
1. Be it enaited py the General Affembly of thejlate ef North-Carqlina, and it is hereby enaBed by th
authority of the fame, That fo much of the faid aft as limits the time for erefting fortifications on thci
land thereby ceded, to the term of three years, be and the fame is hereby extended the further time Oi'
five years from the paffing of this aft ', any thing in the before recited aft to the contrary notwithftand-
Ante p. 52.
Act extended.
CHAP. 35.
1789, 20.
Presence of
Treasurer if
the boih! not
necessary.
Trustees rtiay
iill vacancies.
.CHAP. 36.
2. 1777,8.
In case of va.
cancy, courts to
appoii t a per-
sun to act as
SherilF until
;h^ annual elec-
tion. ' '
An aB to amend the aB eJiabl'flAng an Univerfity in this Jfat?,
WHEREAS the Truftees of the Univerfity of North-Carolina, have prayed this General Aflembi^
to amend their aft of incorporation, fo as to difpehfg with the prefeiice of the Treafurer at thei.
meetings, and to enfure a more punftual attendance of the Truftees j ' '^
I. Be it enacted by the General' Affembly of the Jlate of North-Carolina, and it is hereby enaBed by the
authority of the fame. That at the meetings of the Truftees of the faid Univerfity, hereafter to be held,
the prefence of the Treafurer of the Board Khali in no cafe be ncceflary to conftitute a Boawd for bufi-
hefs. ■ ■' : ' ■■.:.■■::.. ^ .._ s. ■ -w ••,. ^ ' . , .., •
II. And be it further enaBed by the authority aforefaid. That the Truftees of the faid Univerfity may fill
vacancies in their body, with fuch perfons as in their judgmtent wjll faithfully difcharge the duties of the
truft repofed in them, without regard to the place of refid.ence of the perfon fo chofen.
An act to empower the County Courts to appoint Sheriffs in certain cafis.
h TD E '^ enaBed by the General AJfembly oftheflate of North-Carolina, and it is hereby enaBed by the authori-
XJ ^yofthefame,ThAtwheneveT the office pf Sheriff ii> any county of this ftate fliall become vacant
by the appointment and acceptance of a.ny Sheriff, of any office or appointment under the authority of
the United States, that then arid'in fuch cafe, it ftiall and' may be lawful for the Court of fuch county
at the next fucceeding terWi, to appoint a fit ar^d proper perfon to hold and exercife faid office for fuch
county, until the next annual eleftiori.' Provided, That fuch eleftion fhall be held and conducted, and
the officer fo appointed be under the fame rules, regulations and reftriftions, and inveiled with the fame
powers, and entitled to the fame privileges ind emoluments as Sheriffs appointed in the common and ac-
cuftomed mode.
An aB authriftng the regj^ration of powers o/attorney, anidireBing the mode i» vihich colorations may here- 1798^ li9
after convey lands. L«i«-v^O
L T^^ '^ ena&edby the General JJembly <ifthej}qte of ^orth- Carolina, and it is hereiy enabled by the authori- chap. S7.
Jfj ty of the fame. That when any power of attorney authprifmg the conveyance of lands, is or fhall I'owers of at^
%e acknowledged by the perfon who has executed the fame, or proved by one or more witneffes on oath, '""^y .'^^*" ,
before any Judge of the Superior Court, or in any Co.ur-t of Pleas and Quar.ter-S^eflions of the county where may be regfs- '
the Jand lies, or the power was executed^ inch power cf attorney fo proved or acknowledged may be re- fered within
giftered by the public Regifter of the county where the land ligs, at any time within twelve nv)ochs after **«'ve month*
the paffing of this a<SJ: or the date of the faid deed.'
II. And whereas perfons refiding in diftant ftates frequently authorife perfons to difpofe of lands in Courts to order
this ftate, and it may be diificult to have the power of attorney proved or acknowledged as aforefaid. Be ofVowerr^**
it therefiire enaBedt That any power of attorney \o convey real eltate, .executed by any perfon refiding out attorney, the
of this ftate, which is or may be proved or acknowledged before the Chief Juftice or any Judge of the 'eq^sites being
courtsof fupreme jurifdiftloii in the ftate where fuch perfon refides, or in a county court thereof, and du- compliedwich,
ly certified by the Clerk of the .court, or a Notary or Tabellion Public, fhall upon being exhibited to the
Court of Pleas and Quarter-Seflions cf the county where such land lies, or one of the Judges of the Su-
perior Court, be ordered to be regiftered, and fhall be regifteredin the fame manner as if fuch power had
been proved or acknowledged in open court of the county where the land lies.
III. And whereas monies are frequently paid ,and accounts fettled jvith the ?ttonjiies in fa£l of perfons Powers of at*
refiding in other ftates and beyond fe^, and no means have been provided to preferve the .evidence of the *°''"'-y to J'erea
power of attorney under "which fuch agents aft ; Be it further ena&ed, That every po\yer of attorney, the gtsteredi" '^'
execution of which is or fliall be duly certified under the feal of the Notary or Tabeliion Public, or the
feal of any Mayor or prefiding Magiftrate of any city, or Clerk of a court, or duly proved in open court
by tlie oath of a fubfcribing.witnefs, fuch power of attorney fo certified and attefted, upon being exhibited
to any of the Judges of the Superior Courts, or in any Court of Pleas and Quarter-Seffions, fhall be record*-
ed, and thereupon the Jlegifter fhall regifter the fame, and the Clerk for making fuch order and record,
and the Regifter for fuch regiftration, fliall receive the fame fees as the law has allowed in like cafes.
IV. And whereas di/Hculties have arifen xefpe£ling the manner in which corporations convey lands ; Corporatiotw
Be it further enaBed, That from and after tiie paiTing of this a£t it fhall and may be lawful for any corpo- j^^^Jg^^ convey
ration to convey lands by deed of bargain and fale, fealed with the common feal of faid corporation, and
figned by the Prefident or prefiding member, or Truftee of said corporation and two members, or Truftees
thereof, in the prefence of two witnefTes ; and fuch deed when proved in the ufual form prefcribed for o-
ther conveyances for lands, fhall be regiftered in the Regifter's-office of the county where the -land lies,
in like manner. Provided neverthelefs. That nothing in this a£t contained fhall extend or be conftrued to "'^^"'*
pxtend to the admilfion of any power of attorney to regiftry which is figned or executed by a Feme covert,
unlefs fhe has acknowledged in the manner required by law fof her pafFmg -lands feparately and apart from Ante, p. I17.
her hufbahd, that fhe figned the faid power freely, voluntarily and yrithout fear or the compulfion of her
■faid hufband or any other perlon whatever,
... ..■ >. 1. , . •.-•<.-. J. ..•, .
\dn aB to afcertain the Pilotage over Old-Topfail Met, and to amend an aB entitled « An a£l to afcertain the CHAP. 38.
Pilotage which fhall be allowed the Pilots at Occacock Inlet, and the feveral Sounds and Inlets to
which vefl!els go, which come in over faid Inlet. "
I. T3 E it enaBed by the General Ajjfmbly ofthejlate of North-Carolina, and it h hereby enaBed by the authori- Pilots' fees foj:
' ' X5' of the fame, Thaf from arid after the paffing of this aft all Pilots legally authorifed to take charge s"^ fn"U/oi4
of veflels to bring in over OId..Topfail Inlet, ftiall be entitled to demand and receive from the commander Topsail,
of fuch vefTel as they may have had charge of, the famcfum for the pilotage of fuch veflel from the outfide
of the Inlet" and info Bogue-Rdad or Shackleford's-Road at the option of the commander, as is eftabliflied
by a law pafTed in the year pne thoufand fev^n hundred and ninety-four, for the pilotage of yeffels of a fir Ante, p. G6.
jnilar fize from the outfide of Occacock Bar into Beacon Ifland Road or Wallace's Channel.
• ' 11. An^ be' it further enaBed by the authority aforefaid. That in future the following pilotage fhall be allowr fg'J,''"^'^?.
«d and paid the pilot* authorifed to tak6 charge of vefTel? to bring over Qccacock Bar and into Wallace's carrying" h^em
'Chaimel or Beacon Ifland Road, at the option of the commander, viz. For any vefTel drawing lefs than utoverOcca*
«ight feet water, five filver dollars ; and for all vefTelk drawing eight feet water and lefs than ten feet, cock.
^x-ei^ths of a dollar per foot ; and for all vefl^els drawing ten feet water and upwards^ one filver dollar
per foot, for bringing fuch veffel from the outfide of faid Bar, and up into Wallace's Channel or Beacon
• - • • li
130 1 798. Ifland Road, at the option of the commander of fuch veflel } and the fame pilotage out as in : ind that in
all other refpe£ts the pilotage (hall remain the fame as it is eftablifhec' by the above recited aft, pafTed in
the year one thoufand feven hundred and ninety-four, hereby repealing only fo much thereof as corner
within the purvielv and meaning of this aft.
CHAP. 49.
I7a5, 3.
Bladen court.",
when held.
CHAP. 51.
Ante, p. HO.
Commissioners
tobeappojnied.
CHAP. 42. An aEl to amend an aEt entitled '* An %,€t to increafe the pay of the Jurors to the Superior Courts of the
diftridtsofNewbern, Wilmington and Halifax:, and alfothe diftri£ls of Fayetteville, Hillfborough"
and Edenton, except the Jurors from the counties of Chowan, Perfon, and Robefon."
The increafe of pay extended to. all Superior Court Jurorst 1802, 14*
AnaEi to alter tSe time of holding the county court of Bladen.
E // enaSied by the General Afp.mhly of the'Jlate of North-CaroHnayand it is hereby enabled by the authori-
\ tyofthefamey That from and after the' next Court of Pleas and Quarter Seflions for the county
aforefaid, which will be on the fir ft Monday in February, in the year one thoufand feven hundred and
ninety-nine, the times for holding the faid courts fhall be alterad as follows, that is to fay : on the firft
Mondays in June, September, December and March, and all procefa in the faid Court (haU be returnable
on the faid Mondays accordingly..
An aB toauthorife fueh. of the county Courts in this fidte to eteB'treafurers of public buildings y as have not apm
painted the faid officer at the term pointed out by law.
!• "DE itenaEledby the General Affembly oftheflate of North-Carolina t and it is hereby enaSfedby the au-
j[y thority of the fame. That where any county Court in' this ftate has failed to appoint a Treafurer
of public buildings at the time dlretled by an aft paffed at the lafl feflion of the General Affembly, it
fhall and may be lawful for the faid Court td proceed to eleft fome fuitable perfon to aft as Treafurer of
public buildings, at any term after the ratification of this aft' and before the term direfted by the above
mentioned law, who ftiall hold his office till tlie term pointed out by law for the annual eleftion of faid
officer, fhall enter into bond in the fame manner, be entitled to the fame compensation for his fervices,
poffefs the fame powers, and be fubjeft to the fame rules, regulations, penalties and reftriftions as the
Treafurers of public buildings heretofore appointed.
II. And be it further enaEied, That whenever faid officfe fhall become vacant by tlie death, removal,
refignation or difqualification of any Treafurer of public buildings, the feveral county Courts are hereby
direfted to make an appointment to fill fuch vacancy till the annual term of appointnient. Provided',
That no eleftion authorifed by this aft Ihall take place unlefs a majority of the afting Juftices of fucb
county be prefent at faid eleftioiu
CHAP. S9» An act more effeElually to^compel the attendance of Jurors for the Superior Court of the diftriEl of f(^tlmington,->and
to increafe the number thereof ; alfo to appoint Commijftoners for the purpofe of calling to account thofe perfont
•who- have heretofore received the taxes paid for building a Goal ahd Court'Houfe itifaid difiridl,-
WHEREAS the fine at prefent fixed for non-attendance of Jurors to the Superior Coutfdf Wilming-
ton diftrift, has proved inadequate, and the number of Jurors appointed tO' attend the fame,
are not fufficient :
I. Be it enaEled by the General Affembly of the flate of North-Cartlina, and it is hereiy enaSled by the authori-
ty of the fame. That the county Courts of the faid diftrift be and they are hereby empowered and requir-
ed to appoint the following number of Jurors from their refpeftive counties, agreeably to the mode
prefcribed by law, at each court immediately preceding the Superior Court of Wilmington diftrift, viz.
New-Hanover fourteen, Brunfwick feven, Onflow feven, Duplin feven, and Bladen feven, which Ju-
rors fhall be under the fame regulations and rules (except as to pay, as herein after mentioned) as other
Jurors in this ftate.
II. And be it further enaBed, That every Juror who fhall hereafter be appointed ta attend the Superior
Court of. Wilmington diftrift as above mentioned, and Ihall fail to appear accordingly to the fummons
and give his attendance, fhall be fubjeft to the fame fines as heretofore impofed by law.
[ Ihc reriiainder private. ]
eHAp..89. An aB to add part of the county of Craven to Lenoir.
HEREAS from the memorial of Francis Mllwean, it appears to the General Affembly that ad-
ding that part of the county of Craven to Lenoir, which lies in the fork of Neufe river and
Ii case of va*
cancy.
3, 1779, 6.
178J, 1).
17.'J7, 21.
Jurors Xo SupC'
ivcx Court.
Fu,e
w
1798. 131
Stoneyton creek, would greatly relieve him the faid Francis M'llweani without any confiderable injury
to the county of Craven ; - ^^^ ^^^
I. Be it therefore enaEled by the General Ajjemhly ofthejiate of North-Carolina ^ and it is hereby enaSfed by the PartaTcraven
authority ofthefame^ That that part of the county of Craven lying within the following boundaries, be an- a^^ed toLe-
nexed to the county of Lenoir, to cvit : Beginning on the river Neufe where the dividing line of the two ^2'i
counties crofles the fame j thence running down the various courfes of die river to the mouth of Stoney- Ante p. 20
ton creek ; thence up the various courfes of Stoneyton creek to where the dividing line between the two
counties croflTes the fame ; thence along the fanie to the beginning on the river Neufe : and that the a«
bove defcribed part of the county of Craven be hereafter a part of the county of Lenoir.
IL Private,
THl TITLES OF THE PRIVATE ACTS.
An aa direfling: the sale of the Tower-Hill Lands, lying
within the county of Lenoir.
An ad to authorise the surrender of certain lands in the coun*
ty of Wilkes, and other purposes therein mentioned.
An'aA to'authorise and direA the Commissioner of arrears
to sell the lot number eightytwo in the town of Hillsbo-
rough;
An a61 to explain and correA an ai.'t, entitled, an aA to appoint
Commissioners to advertise for sale the Palace atid other
buildmgs thereunto belonging, in the town of Newbern,
for the use of the state.
An act to appoint Commissioners to sell the Palace lots in
the town of Newbern, for the use of the state.
An aft to prevent the obstruflion of the navigation of Curri-'
tuck Inlet.
An aift to encourage the cutting a navigable Canal from Roan-
oake river or the waters thereof near ilogstown, to the'
waters of Pamtico river.
An aft to empower the county court of CurritucK to appoint
persons to copy the books in the Register's oiSce in saitl'
county.
An aft to repeal an aft, entitled, an aft for clearing out the
Great Swamp in Robeson county, passed at Raleigh, in
the year one thousand seven hundred and ninety-six.
•kn aft' to authorise William Porter to raise one thousand dol-
lars by way of lottery.
An aft to confiim the proceedings' of the county court of
|Moore, relative to the transcription' of a part of the En-
try-taker's books ol said county.
An aft to empower the cotjhty court of Moore to lay a tajt
for the year one thousand seven' hundred and ninety-
eight, to defray the expenceof tianscribing-the Registers
books in said'county.
An aft to trahscribe certain entries irt Cumberland county.
An aft to authorise the county court of Cumberland to tran-
scribe certaiil records in the Register's office.
An act to substantiat&certain proceedings in the county court
of Cumberland;
An aft to empower thfe county couits therein mentioned, t<r
lay a tax annually for the payment of their jurors.
An aft to authorise the chairman of the court of pleas and'
quarter sessions of Gates county, to convey a certain
piece of land herein described, to the heirs of Jamea Gar-
rett, deceased.
An aft to esublish a seminary of learning in the town of Sa-
lisbury.
An aft to establish an atademy at SmithVille) in the coun-
ty of Brunswick.
An aft to authorise the Trustees of Smithville academy, ta
raise the sum of seven thousand dollars by lottery or lot-
teries.
An aft to establish an gcadehjy at l/nitjr Meeting House, in
Randolph county. <
53 An aft to' establish a seminary of learning on Adam's creek,
in Craven county.
60 An aft to repeal an aft, entitled, an aft making compensa-
tion to the county court jurors for the counties of New-
Hanover, Surry, Stokes, Randolph; Chatham and Bun-
combe, so far as relates to the county of Buncombe.
61 Ah aft allowing compensation to the jurors of RutherfdM
county court, and authorising said court to levy a tas to
discharge the same.
62 An aft to amend an aft, Entitled, an aft to amend an aft to
regulate and fix the price for inspecting and coopering to-
bacco at Fay'etteville, passed in the year one thousand
seven hundred and ninety-one,
63 An act to establish an uniform time of receiving lists of tax-
able property in the county of New- Hanover.
W An aft toprevent the collection of taxes for the year one thou-
sand seven hundred and nincty-eighti on the buildings
which were in the town of Wilmington on the first day
of April last, and have since been consumed by fire, and
on the lots whereon the said buildings were situated,
65 An act for the purposes therein mentioned, relative to the
town of Wilmington,'
66 Aft act for the farther regulation of the town of Newbern.
67 An act for the better regulation of the town of Edenton.
68 -An act for the better regulation of the town of Pittsborough,
in Chatham county,
69 An acttoregulate the town ofConcord, in the county of Ca-
barrus;
70 An act to amend an act, entitledi an act for the better re-
gulation of the town of Germanton, in the county of
Stokes, passed in the year ooe thousand seven hundred
and ninety- four.
ti An att to amend an act, entitled! an act to establish a town
laidoff at Guilford court-house, by the name of Martinville.
72 An aft to establish a town on Hardy Parker's land on Black
river, in the county of New-HanOver;
73 An aft to enlarge the town of Mwfreesborough.
74 Ab aft to repeal *n aft passed in the year one thousand se-
ven hundred and ninety seven, entitledi an aft to con-
tinue in force an aft, entitled, an aft for the regulation
of the city of Raleigh, passed in the year one thousand
seven hundred and ninety-four, and' to alter and amend
the last mentioned aft,
75 An aft to empower the commissioners of the city of Raleigh
to lay off and appropriate part of the public land adjoin-
ing the said city, for a burying ground.
76 An aft to repeal an aft, entitled, an aft to appoint commis-
sioners to purchase land for a town and town cggimon,
in the county of Rockingham, by the name ot Went-
worth, and for establishing the court house in said town.
77 An aft to establish two other-separate eleftions in. the county
of Wilkes.
78 An aft to repeal an aft passed in the year one thousand se-
132 1798.
ven hundred and nlnety-six," intit'ed, in afi to repeal
part of an aft passed in the year one thousand seven hun-
dred and ninety-two, entitled An ai\ to grant two sepa-
Tate ele<Sions and general must«?rf n Currituck county,
79 An a£l for granting the inhabitants oi Bladen county a sepa-
rate general muster and eleflion.
80 An aa to alter the time of holding the separate eJeSions in
the county of Craven,
81 An aft establishing a separate eleflion en the south side of
the Yadkin river, in the county of Surry
82 An aft to establish a separate eleflion on the north side of
Dan river, in the county of Stokes.
83 An aa to alter the place of holding the lower eleftion in
Northampton county.
84 AH aa to amend an aa, entitled " an aS to establish a sepa-
rate eleaion and general muster in the county of Carter,
et, " passed at Fayetteville, in the year of our Lord one
thousand seven hundred and ninety-three.
85 An aa to alter the places of holding eleaions in the county
of Tyrrel.
86 An aa to amend anaa passed at Raleigh, in the year one
thousand seven hundred and ninety-five, granting sepa-
rate eleaions to the county of Burke>
87 An aft to establish a separate eleaion in the county of MecJ?-
lenberg.
88 An aa dividing the first regiment of militia in the county of
Lincoln, into two battalions.
90 An aa to amend an aa to carry into effea an aa for ereaing
part of the counties of Halifax and Tyrrel into one dis-
tina county and parish, passed in the year one thousand
seven hundred and seventy-four.
91 An aa to establisli a boundary line between Rlont^omery
and Moore counties.
93 An aa to authorise the Wardens of the Poor for the countlef
of Sampson and Perquimans, to lay a further tax,
93 An act to amend an act authorising the Truitees of the Lura-
bcrton Academy to lay off and sell part of said town com-
mons to raise a fund for the purpose of building said a-
cademy, passed in the year one thousand seven hundred
and ninety six,
94 An apt for building a Prison or Gaol in the town of Hillsbo.
rough, for the distriai of Hillsborough ^d county cf O-
range. , "
95 An aa granting certain privileges to the seminary of learn-
ing in the county of Guilford.
95 An act grantmg certain privileges to the volunteer compa-
nies of infantry in Currituck county. .
W An ictfo'^i'Jvent in futtffe tlie ImprOpeT cendufi of ownei*
of seins from obstructing the passage of fish up Cape-
Fear, Deep and Haw rivers.
98 An act to authorise the administrator or administrators of
Thomas Wright, late Sheriff of New-Hanover county,
to collect the arrears of taxes due to said Thomas
Wright.
99 An act to empower John Spence West, Sheriff of Craven
county, to collect the arrears of taxes due in said county,
for the year one thousand seven hundred and ninety-s*-
ven.
100 An act to incorporate King Solomon's Lodge No. 1^ ia
Jones county, in this state,
101 An act to incorporate Johnston Caswell Lodge No. 10, of
the town of Warrenton, in this state.
102 AS act to incorporate the fhqem^. Lodge No. 8, of the
town of Fayetteville, in this state.
103 An act to secure to Elinor Perry, wife of John Perry, such
estate as she may hereafter acquire.
104 An act to secure to Elizabeth Carter, wife of Benjamin
Carter, such estate as she may hereafter acquire.
105 An act to secure to Ruth Bell, wife of William Bell, of the
county of Currituck, such estate as she may hereafter acr
quire,
10.6 j^n act to carry into effect the petition of Robin Braswell,
of Nash county, by granting him a divorce from his wife
Calley.
107 An act authorising Mishack Stallings to area a grist mill
on Rockfish creek, in the county of Duplin.
108 An act empowering Duncan M'Farland to establish a turn*
pike at his bridge on the new road frera Fayetteville to
Camden.
109 An act to confirm the name of Abraham Hogans, of the
county of Wake, ' ' C "
110 An act to confii'm the names of the natural born children of
John Alston, of the county of Wake.
111 An act to alter and confirm the names qf, and legitimate
' • • certain persons therein mentioned.
112 An act to emancipate certain persons therein named.
113 An act to emancipate certain persons therein mentioned.
■114 An act to pardon and restore to credit a certain Wiiliaitl
, Ambrose, of Wake county. •
il5 An act to restore to credit. Benjamin Bryant, of the county
■_ of Buncombe, Moses White, of the county of Ansoo,
and Samuel Fields, of the county of Randolph.
115 An- act tQ reinstate James Powel in the rights and privin:*
ges of sy .citizen? ^ - . ' '
Bead three time* and ratified in General Asen\bly, the 24th d^ of Defejpber, pjto Dmnijii, 1798,
BENJAMIN SMITH, S. S.
I'AUSSENDINE MATTHEWS, 9.
H. C,
1799: 133
mimttmmmmmmm
At a GENERAL ASSEMBLY, Ipegun and held at Raleigh, on the eigh- BE>,jAMm
teenth D.ay pf November, in the Year of our Lord One Thousand Seven ^'.''cwemca.
Hundred and Ninety-Nine, and in the twenty-fourth year pf the Inde-
pendence of the said St^te; Bein^ the f.i^st session pf the $aid As*
^embly.
An aSi to raife a revenue j or the payment of the civil I'Ji and contingent charges of governmefft for the year one chap, 1.
thoufand eight hundred. TEJ\fJpq^4R7 .
^naB to fufpend for the time therein limited f all operation u^nderthe efcheatlaw; ,and alfo to fufpend the operas c^f^v. 2;
tion ofanaSly entitled " An aft more liberally to endpw tlje Univerfity of North Carolina, and to jfe-
cure the title of jcertain inhabitants of Mecklenburg qounty, and other xLtizens of this ftate, to .certain
lands heretofore purchafed from Henry Euftace M^CulIoch," fo far as refpeBs th Jales of confJcaHd
lands. TLMPOftARY. Ihefufpended a£i repealed^ 1800, 5.
An aSl to afcertain the amount of the certificate debt of this fatCj. CHAP. "S.
^"TTHEREAS it is neceflary to afcertain the amount of the ceyrtificate debt erf this date, to^the *end 1800, 2.
\\ that provifioii may be made for difcharging the fame : 1802,7.
I. Be it enacted by the General Ajfembly of the flate of North-Carolinat qnd it ijS hereby enacted by tie authority Ceittfi'''ts
fifthefamey That all pexfons holding certificates of the debt of this ftate, fhall on or before the firft day presented to
4jf December, -one thoufa^nd eig}>t hundred, prefent the fame at the office of the TreaCurer; whofe duty the Treasurer,
it fhall be to regifter the number, d^te and amount thereof, together with thejiame\of tM perfons to ^j^"^^^" '^s»-
whom the fan^e fhall be made payable, in a book to be by him provided for that purpofe ; and the Trea-
furer fliall note pn the faid certificate that the fame has beipn prjefemed And jregiftered ^ by tjiis aft re-
^uij«d.
II. ^ndbe it further enaSled, That all certificates of the debt o^ this ft**^> "''* prefented to the Trea- Certificate* not
furer for the purpofe of regiftration as aforefaid, within the time'JimJKd by this aft, (hall forever there- ^g^^^******' ''"'
after be barred, and fliall not be received in any payment to ,the fta;£, nor in any office thereof.
III. And he it further enaSled, That it ihall be the duty of the Treafurer ts> give public notice of the re- Treasurer to
cjwifites of this aft in the ftate gazette, and at leaift three other newfpapers, within this ftate, within one ^'^v"'**^'
month from the rife oJFthis General Aflembly, and continue the fame at Jeaft three months.
IV. .Provided^ and be it further enafledy That this aft or any part thereof Ihall not he confliued or ope- No credit ^vea
rate to give credit or currency to fuch certificates as have by any aft of this ftate heretofore been declared ^ ^audulent
fraudulent, or refuted to hp received at the treafury or other offices of tjiis ftate. '**
An a£l dire^ipg the Judges of the fuperior courts to tned together to fettle queflions of law or equity arifing on CHAP. 4;
the circuity and to provide for the trial of allperfons concerned in certain fraud^^
WHEREAS great inconveniences have arifen, and 'mueh delay in the adminiftxation of juftice has
been occafioned, from the want of a fpeedy and uniform decifion of , ail queftions of law or
equity arifing pn the circuit, either froiji difference of opinion in the judges, or from a defire of further
confideration, or from a want of a compiptent number of Judges as the law exifts at prefent : to the end
therefore that thefe in,conveniences may be remedied, and that decifioi;* (hall be had on all fuits and coru-
j troverfies at prefient depepding or hereafter to depend in the fuperior courts of law and equity, with as
much difpatph and uniformity as poffible :
I. Be it enacted by the General Affemhlypftheflate of North-Carolinoy and it is hereby enacted by the authori- J"Jf" *^"f^*
f)>2/'/^^yflOTf,That from and after the paffipg of this aft, the Judges of the fuperior courts of law and ^j^ggtions of
equity within this ftate, (hall meet and aflerable together twice in each and every year, at the city ofiaw,SMi,
JS4 1799. Raleigh, on the tenth days of June and December, andi if faW days fliall happen on Sunday the next
V..O-V-NJ fucceeding days, for the purpofe of determining all queftions of law and equity arifing and remaining un-
determined upon the circuit.
A Clerk, bo/id, H. And he it further enaSled, That the faid Judges, or any two of them, at the firft meeting after the
^'. paffing of this aft, ftiall appoint a Clerk of ikill and probity, who fliall give bond with fufficient fecurity,
payable to the Governor for the time being, in the fum of five thowfand pounds, conditioned for the
faithful difcharge of his duties in office, and for the fafe keeping of all recorVis committed to his cuftody ;
which bond fliall be lodged with the Secretary of ftate. And the faid Cleric, when fo appointed, fliall
hold his office during good behaviour, but before enteiring upon the execution of , his office fliall, before
the faid Judges, or either of them, -take an oath of the fame tenor and efieft as that prefcribed for the
Clerks of the fuperior courts of law. , ,
What questi- HI. And he it furthei enacied, That whenever any queftion of law or equity hereafter fhall arife upon
^^'^'^^^'""P' the circuit before any of the Judges of the fuperior courts, which the Judge fitting may be unwilling to
determine, and fliall be defirous of further confideration thereon, and a conference with the other Judg-
es ; or where any queflion of law or equity have already arifen on the circuit, and have remained unde-
cided by reafon of a difagreement of the Judges on the circuit, in either cafe the Clerk of the diftriiS^y
under the direflion of the Judge then fitting before whom fuch queftion or queftions fhall arife or come,
fhall make out a tranfcript of the proceedings in the cafe in which fuch queftion or queftions ftiall arife,
and deliver the fame to the Judge before or at the expiration of the term ; or a cafe fhall Be made up by
the counfel in the court under the dire£tion of the Judge, or by the Judge himfelf, as the nature of the?
cafe may require ; and fuch tranfcript or cafe fo made as aforefaid, the Judge fhall file at the meeting
of the Judges hereby appointed, with their Clerk.
Judges to sir 10 iy_ ^«5^^iV/«»-/^fr <'«af/f(^. That the Judges at their laid meeting, or any two of them, fliall proceed-
iheir'ojlinion'kj *° argue and determine all queftions fo as aforefaid brought before them, and fhall fet for ten days at each"
v.rjting and every meeting unlefs the bufinefs fhall be fooner finifhed ; and each and every Judge at their faid'
35 days, isoi meeting fhall give their final opinion in every cafe in writing, to be filed with the Clerk, and by him to
be entered in a book kept for that purpofe.
Clerk to make V. And be it further enactedy That it fhall be the duty of the" Clerk of the faid meeting of the Judges,
Clei'k*^of iLTu^ ioi'^ediately after the rife of each and every fitting, to make ont a full and correft certificate of the decjfi-
perior ceurt's ons of the J udges, ready to be delivered to the perfon in whofe favour the decifion fhall be, or to any perfon
^"fy- for him on application ; or if application fhould not be made, to be by faid Clerk ttanfmitted to the CilerK-
of the fuperior court of law and equity where the queftion had been depending and had arifen ; and the
Clerk of the faid fuperior court fhall thereupon iffiie execution as may be proper in the cafe, for the debt
or damages that may have been recovered, together with the cofts in the court of his diftri£t, or otherwife
proceed as the decifion of the Judges ^lay demand.
And whereas the compenfation proper to be made to the Clerk hereby appointed in entering fuit, enter-
ing up the opinion of the Judges, for certificte of decifion, and other fefvices, cannot be accurately forefeen
and provided for ; and the procuring difpatch and uniformity in judicial decifionS is an obje£l of public
magnitude, aod fliould be with as little expence to the individual fuitor as poffiBle :
C'lcrk'spay. VI. Be it therefore enacted^ That the faid Clerk fhall receive a compenfation for his fervices a fuw to be'
eftimated by two of the Judges, according to the bufinefs performed, not exceeding fifty pounds per an-
num ; on certificate of which from the Judges, the Treafurer fhall be authorized to pay (lie fame.
S'arcs divided VII. And be it further enacted, That from and after the paffing of this a£l the fuperior courts of law and-
into four ri- equity, {hall be and tliey are hereby divided into four ridings ; the diftrifts of Morgan and Salifbury fliall
'£*■ compofe one riding, called the firft riding ; the diftri£ls of Hillfborough and Fayetteville, the fecond ri-
ding ; the diftrids of Halifax and Edenton, the third tiding ; and the diftrifts of Newbern and WiUning-
ton, the fourth riding.
VIII. IX. X. XI. XII. XIII. andpart tifXlV. expired.
Judges toar- XI'V. And the Judges fhall fo arrange the ridings among thenlfelves,, that one of the Judges of the
range the rid- fuperior courts fhall attend any of the fuperior courts of law and equity j and one Judge of the laid courtj
defe)»^ue'"&c.° ^^'^ hereafter have full power and authority to hold faid courts, and determine all cafes both in law anq
equity depending or hereafter to depend in the fame, and to do every thing therein which the cafe m«
require -, any law to the contrary notwithftanding. And the faid Judges ftiall pafs Uurough the faid riding®
on the fame principle of lotation as heretofore prefcribed by law.
XV. And be it further enaetedt That this aft fliall continue in force from its commencement only for 17^9. 13S
two years, and from thence to cheend of the next fucceeding General Aflembly. v**-v^o
Continuance.
An aB to empower the feveral county courts 'within this Jiate^ if they deem it necejfary to lay a taxforpafing the j-ha'p ^\
county court jurors.
I. '1^^ it enacted hy the General Ajjembly of the Jlate of North-Carolinay and it is hereby enacted by the au- County courts
JJ) thority of thefame. That frorti and after the paffing of this adl, the feveral county courts within to •»/ a tax for
this ftate fiiall have full power and authority (except it be thofe already provided for by law) to lay a tax '.*'^ I'ayment of
for the purpofe of paying their jurors a price adequate to their fervices, not exceeding five {hillings per •'"'^*"^*
day, and five fhiliings for every thirty miles riding to and from faid courts, if they deem it neceflary :
Provided nevtrthelefsy That two thirds of the afting Juflices of faid counties concur in laying of the taxes
for the purpofe abovementioned \ which taxes (hall be ccUeded and accounted for as other county taxes
are now or may hereafter be accounted for»
An oB to repeal the fiHih feElion of an aEiy paffed in the year oiie thoufand feven hundred and ninety-Jeven en- CHAP. &.
titled « An aft direfting how claims againft the ftate ihall be authenticated, and their mode of payment
fo far as refpefts Jailors, Sheriffs, Coroners, Clerks of the fuperior courts, and Witneffes for and on be-
half of the ftate :
I. T3 E it enaBedby the General AJp-mbly oftheflate of Norfh'Carolinay and it is hereby enaBed by the authori- Ante, p. 108.
fj ty of the fameyTSxiX. the fixth feftion of the above recited aft be, and the fame is hereby repealed Seiiion of an
and made void. And in future all claims againft the ftate authorized by the faid above recited aft, and au- ^ repealed,
thenticated as therein defcribed, ftiall be laid before the General Aflembly. ^
An aB toperfeB the titles of the officers andfoldiers of the continental line of this Jlate^ and of claims under entries CHAP. 7.
made in the office of John Artnflrong,
I. Tr> E it enacted by the General Affembly of theflate of North-Carolina, and it is hereby enacted by the autho- 1800, 14,
Xj rity of the fame. That no warrants for the military fervices of the ofBcers and foldiers of the con- Mannerofissu-
tinental line of this ftate fliall hereafter be iflued, except where they appear on the mufter roll not to have ^"^ ■warrants
been iflued j but that all warrants which have already iflued to fuch officers or foldiers, ftiall be held and vices, &.c,
deemed legal, where the name of fuch officer or foldier fliall appear to have been regiftered on the muf-
ter-roUs ; and grants ftiall accordingly ifl^ie thereon. Provided neverthekfs. That where it appears from
faid mufter-roll, that fuch officer and foldier had ferved for fo ftiort a time as not to be entitled to fo large
a quantity of land as is expreflfed in the warrant, fuch' warrant fliall be confidered as cancelled ; and the
Secretary fhall endorfe a memorandum to that efi^eft on fuch warrant, and fliall file the fame ; and fliall
iflue another warrant foi fuch quantity of land as fuch officer or foldier is really entitled to receive, cor-
refponding with the number and date of the warrant before iffued ; and when- a furvey fhall thereon be
made, agreeable to the provifions of this aft, a grant fhall ifl"ue accordingly : any thing herein contained
to the contrary notwithftanding.
H. Repealed, \2>Q%%.
III. And be it further enacted. That when any warrant has iffued in favour of fuch officer or foldier, whofe Grants not to
name does not appear on the mufter-roll, no grant thereon ftiall be iffued by the Secretary, unlefs fuch be issued on
warrants have by a fpecial refolution of the General Afl'embly been already authorized, or fliall by the '^"*^"' ^^'^"
report of Jefle Franklin, John M. Bin ford, and Britain Sanders, CommiffionefS appointed in the year one
thoufand feven hundred and ninety-two, appear to be juft.
IV. And be it further enacted, That^o evidence fhall be produced to the Secretary (or if produced fliall What evidence
be by him admitted) but fuch as may have been given by peffons in his eftimation difinterefted and wor- *"l™'"ed.
thy of credit.
V. And be it further enjctedfThzt where the Secretaty ftiali deem any virarrant heretofore ifl"ued unfair, Nograntwhere
•whethier the fame has or has not been reported againft by any of the Boards of Commiffioners heretofore ^^^ warrant
appointed for the inveftigation of frauds, no grant fliall be iffTued thereon without application to the Gen- ^^'"^° unfair,
€ial Affembly. .
And whereas by the i'econd feftion of ian aft, entitled " An aft for ceding to the United States of A- 1789, S,
rtierica certain weftern lands therein defcribed, " it is provided, that if the bounds of the lands already pre-
ftQribed for the officers and foldiers of^the continental fine of this ftate, ftiall not contain a fufficient quanii-
136 1799. if of lands fit for cultivation to make good the feveral provifions eftabliflied by law, that then the faid ot-
t,0>iy>J ficer or foldier who (hould fall fhort of his allotment or proportion, fliould he permitted to take fuch part
of his quota as might be deficient, beyond the bounds of the lands fo prefcribed. And whereas fome of
the officers and foldiers may be deficient in the quota allotted to them, in confeqjiience of the lands fo laid
off being before appropriated :
Deficiency yj. Be tt therefore enaBed, That in fuch cafes, fuch officer or foldier is entitled to receive fuch defici-
uined? * " ^"^^7 of his quota, in any part of the territory ceded by the before recited adi.
M. Armstrong VII. And be it further enacted. That Martin Armftrong, Surveyor of the weftern lands, (hall remaia
suspended, and fufpended from his faid office, and that a perfon (hall be appointed by joint ballot of both houfes, Survey-
polnKd^"' ^^" o*"' •" *^^ '■00'" ^"^ ^^^^ of the faid Armftrong, with authority to appoint one or more Deputy-Surveyors :
His duty. &c. 3nd that the faid perfon fo elefted Ihall hold his faid office at Na^ftiville, in the ftate of Tenneflee, under
the fame rules, regulations and reftridions as have been already eftabliflied hy law. Provided ahvayst
Ante, p. 121. That the book of entries which ftiall be kept by the faid Surveyor, fhall be ruled in equal fpaces, and nq
' blank fpace fhall in any manner be left, fo as to give a preference to a fubfequent entry ; and whenever
any warrant fhall be removed, fuch removed warrant Ihall be in ;tlv5 faid book defcribed, prefervi^ig in the
margin .of faid book the number it had formerly horns ihereia,-
To keep afield- VIlI. And be it further encfctefi, That the faid Surveyor (hall alfo keep a field book, feparate and 4iftin£l
booji, ite. £j^^j^ jj^g ^^jj jj^^jj. ^£ gntfjgg^ in which he (hall accurately record every furvey, with the courfes, diftan-
ces, and natural bojyids of the land, which fhall be made in confequence of any entry : which faid book
(hall be free for the infpeiiion of any perfon whatever. And the faid Surveyor fhall tranfmit to the of-
fice of the Secretary of this ftate^ 9nce in every twelve months, a true and exa<i copy of aJi the proceed-
ings recorded therein in that time.
Surveyor's fees. jx. And be ft further enaSIed, That the faid Surveyor hereby appointed, Ihall not be entitled to receive
from the ftate, any grants for land for and on account of his faid fervices; but in lieu thereof ftiall be
entitled to receive from the original claimant or affi^gnee (as die cafe may be) th? fame fees which Syrvey-
_ . ors in this ftate are entitled to re,ceiv.e.
Togivesecu. -jj; ^^^^^ it further enacted. That the fa;d Surveyor, before he enters on the duties of his appointment,
fhall give bond, with at leaft three fiifficient fecurities, in the fum of twenty thoufand pounds, to the Go-
vernor of this ftate for the time being, and his fucceflbrs in office, for the due and faithful performance
of the duties of his pffice : which faid bond IhaU be given either in Uie Comptroller's office of this ftate, or
to any one of the Judges of the fuperipr court^ of law and equity in this ftate ; in which cafe the bond
fo givgn fliail be forwarded tp the CgmptrpHen And he fliall alfo at the fame time and pla.ce take the fol-
His oath. lowing oajh : ,« I dp folemoly Iwear, that as lyrveyor of the military lands granted by the ftate of North
:« Carolina to the oiBcers and foldiers of the continental line of this ftj^te, I will truly, honeftly and
.«« faithfully perform the duties of my office as required by law,*'
Fraudulent ra- ;^I. yi„d be it further enacted. That if ^hy fraudulent razute or interlineation Ihould appear on any en-
emTre'"^""''^* jtry in the books lately kept "by Martin Armftrong, or in the tranfcript lately lodged by the Commiffioners
"' "' in the office of the Secretary of this ftate, ffiall be deehie'd fufficient to Vacate and deftroy the fame. . Pro-
vided alwdys. That credible teftimonv relative to fuch fraudulent razures or interlineations may be taken
' and received by the Secretary of this itate, from perfons ni his eftinjation difmterefted and worthy of cred-
it, to the end of enabling the juft proprietor to perfect his grant.
Ko grants to is- XII. r 4nd be it further enaEled, That no grants fliajl hereafter ifliie to^Martin f^'",^^'^*'^^^'^ ^"7 °l "'*
sue to M. Arm- jjgpmjgg foy ti^gjj fervices as Surveyors, until thei
Sment; the accounts of the faid Armftrong with this ftate,
8ue to M. Arm- Deputies, for their fervices as Surveyors, until there Ihall have been a full and final fattlement made of
Sment' ''^' the accounts of the faid Armftrong with this ftate, • ■■ '■ ■" ■ ■ ' ' '\ ' / "^
Surveyor to '' XIII. ^«rfif /^/«r?^^r f/f<?<Sff//, That th^ SurVeyor hereby appointed, ftiall take mtohis poflellion and late
take books. &c keeping the books, records ^nd other papers belonging to the lat'^ office of the faid Martin Armftrong.
of M. Aim. Provided always, If the faid Martin Armftrong ftiall refufe to deliver- up to his fucceflbr m office, appointed
stroDg'8 office, . and under the authority of this ^ft, the feveral books of his office, then and in fuch cafe, the copies
thereof now lodged with ^he Secretary of this ftate, or attefted copies of the fame, ftiall be held and deemed,
to all inteTftsaiid purppfes, legal evidence of the tranfaftions in. the faidpffice of Martin Armftrong ; any
}aw, cuftom or ufage to the contrary notwithftanding. ' : c r u-
Certain entries t , XIV. j^nd be it further ena^ed, That all entries made by Martin Armftrong as Purveyor, or for him-
Sovf; T' '■ felf orfor any other perfons, and aU fnrveys made by the faid Armftrong or any of his Deputies, for them-
Void. ftlves or for any other perfons, fince the tvi^enty-fifth d^ of December, in the year one thpufa^d isyc^
hundred and ninety feven, {hall 'be, and the fame are hereby ;declared to be null and void, and no grant 1799. 137
Ihall iffiie thereon. \„i'->r*^
XV. ^;;^^? ^y{<r^,?i^rf«^^i?</, That on all returns made for entries in John Armftrong's office, grants f^raius to issue
fhall iffue to the original claimant or affignee ; provided it.fliall appear to the-Seqretary that the affignment emrk.»'inV"
is juft, and that no grant hath heretofore iffued. . Armstioj^'s of
XVI. And be it further enacted, That the Secretary of the ftate fhall iffue warrants for entries made in t^ce.
the faid office of John Armftrong, where it appears that uo warrant hath heretofore been iflued, and the ^,^"""^' ^^" '^"
requifites of the law hath been, or fhall be complied with. Provided always. That no duplicate warrants f j^ entries in
.on fuch entries fhall be hereafter ifTued on any prstence whatever. said office.
XVII. And be itjurther enacted, That Stokely Ponnelfon, Surveyor of the eaflern diftriit, be, and h§ S. D jnnelson
ishereby fufpended from his faid office ; and that a Surveyor be appointed by joint ballot of both houfes suspcnued, and
in his room and flead.; and the faid Surveyor fliall give bond in the Jike manner and for the like fum as pohued, Jc,
the Surveyor appointed by this a£l: in the room of Martin Armftrong is required to give : and for his fer-
vices fhall not receive any grants' for lands from the flate, but fhall be entitled to receive from the origi-
nal claimant or affignee, as the cafe may b^, tl^e :fame f^^s which futyeyors in this ftate for/uch fervices,
are entitled to receive.
^XVIII. And be it further enacted. That all a£ts and claufes of afts coming within the purview and mean- RepesUr.g
ing of this adb, are hereby repealed apd m^de .void. claufe.
An act to make prov'ifton for natural horn children. chap. 8.
I, TO ^ it enacted by the General AJfembly of the Jtate of North,-Carolina, and it is hereby enacted by the au^ Natural chil-
jIj thority cf the fame. That where any woman fhall die inteftate, leaving children, commonly cal- ^."^" '"^y '"*^^*
led illegitimate or natural, born out of wedlock, and no children born in lawful wedlock, all fuch eftate ^^\^^x en ana
whereof fhe fhall die feized or poffefTed of, whether real or perfonal, fhall defcend to, and be equally di»-
vided among fuch illegitimate or natural born children, and dieir reprefeiitatives, in the fame manner as
if they had been born in wedlock : and if any fuch illegitimate or .natural born.child fhall, die inteftate,
without leaving any child or children, his or her eftate, as well real as perfonal, fhall defcend to, and be
equally divided among his or -lier brothers and fifters born of the body of the fame mother and their re-
prefcntatives, in the fame manner, and under the fame regulations and reftridtlons as if they had been
born in lawful wedlock ; any law, ufage or quftom to th^. contrary notwithftanding.
Aii act to bar and prevent in future the liquidation and payment rf certain iefcriptims bf claims agalnfi the flate.. CHAP.. 9.
I. VyY. it enacted by the General AJfemlly of the flate of North-Carolina, and it is hereby enacted by the au- Certain claims
JI3 ikority of the fame. That from and after the paffmg of this a^, all claims againft this ftate for '**"^*'*'
fervices, civil or military, done .or .performed before the firft day of June, one thoufand feven hundred
and eighty four, andfor fupplies.of any kind.whatfoever furnifhed to, orfor.theufe of the ftate during
the revolutionary war, or at any time fince, previous to the faid firft day of June, one thoufand feven
htmdred and eighty-four, (hall be, and they are hereby declared barbed from liquidation and payment }
any law, ufage or cuftom thex;ontrary notwitl^anding.
An act to do anvayand to prohibit in future the cuflom nvhich at prefent prevails in this flate, of preceding the CHAP. 10.
Speakers of the General Affembly, and the Judges of the Superior Courts, by officers with ivands.
I. T^E itenaSledby the General Affembly of 'the flate of North-Carolina and it is hereby tnaBedby the au- Speakers and
Jj|-^^or/V;ifl/"//?.f/aw^, That in future no Sheriff of any county in this ftate, (hall be either compel- J'^^f/^^'^^^rS
led or fuffered to precede with or without a wand, or other the like equipment, any of the Judges of the ficers.
faperior courts of law and courts of equity in this ftate, when going to, or returning from the court
houfes, as is at prefent the cuftom ; nor ftiall it henceforward be either the duty or the practice of the
door-keepers of either houfe of the General AiTembly, to precede or waljc before the Speakers, with
wands, maces,"* or other equipment, either in their going to, or returning from the ftate houfe, during
the hours of adjournment.
An oB granting longer time tofurvey certain lands in this flate, and prtfcrihing the manner in nvhich entries ^CHAP. 11.
claims to the vacant lands in this fate Jjall in future be made. 63%'o^88''io6'
h T) ^ '^ enabled by the General Affembly ofthejlate North'Carolina, and it is hereby enaffed hy the authori- ne. ' ' '
JiJf ty of the fanieiTkzi the claimants lox unappjopriated lands in the feveral counties in this ftate, further time
LI
138 1799.
to make re-
turns.
Surveyor to
sign surveys.
1801, 14,
Grants to issue
on legal entries
previous to
1/94.
1801,2. '
Manner of is-
suing grants on
entries s;nce a
certain time.
Repealing.
clause.
This aft when
to be in force.
who have mnde legal entries of ths fame at a>ly time previous to the firft day of January, one thoufand
feveti hundred and ninety-eight, and have paid the purchafe money for the ufe of the ftate as required
bylaw, previous to the firft day of October, one thoufand feven hundred and ninety-nine •, and the
claimants who have made legal entries in the year one thoufand feven hundred and ninety-eight, and'
have paid or fhall pay the purchafe money for the ufe of the ftate as is required by law, before the tenth?
day of Oftober, in the year one thoufand eight hundred, fhall have longer time to caufe furveys to be
made and returned to the Secretary's office, until the firft day of January, one thoufand eight hundred
and two.
II. And be it further enacted j That no grants (hall iiffue upon any furveys riiade after the firft day of
February, one thoufand eight hundred, unlefs figned by the furveyor of the county.
III. And be it furthtr enaBed by the authority ajorefaid^ That in all cafes of legal entries of lands made
previous to the firft day of January, one thoufand feven hundred and ninety-four, in which the warrant
of furvey and the plats fhall be returned to the Secretary's office within the time by this aft limited, it*.
fhall be the duty of the Secretary, and he is hereby required, on' application, to iffiie a grant without
requirmg an affidavit or other proof of the payment of the purchafe moneys provid€d fuch entries fliall
appear and be found on the tranfcripts of the entry books lodged in his office.
IV. And be it further enacted. That from and after the pafling of this aft, no grant Ihall iflue on any
entry made fincethe eighth of February, one thoufand feven hundred and ninety-five, or hereafter to be
made, on the Treafurer's receipt, counterfigned by the Comptroller; but it ftiall be the duty of the
Comptroller, and he is hereby required, to make out and deliver to theSecretary, a certificate conforma-
ble to each receipt by him counterfigned, on which the Secretary is hereby required to iffue the grant}
and on no other proof whatever ftiall he iffiie grants for lands entered fince the year aforefaid.
V. And be it further enacted, ThiLt all' aftS and daufes of afts which come within the purview and-
meaning of this aft, be, and the fame are hereby repealed and made void,
VI. And be it further enaBed by the authority aforefaid. That this aft ftiall take effeft, and be in force,
from the day of the ratification thereof.
CHAP. 12. An aB to amend an act, entitled « An aft to prevent vice and immorality, by fuppreffing exceffive ga-
Ante, p. 123. ming," pajed lajl feffwn of AJfembly.
1800, 10. •V'^T-HEREAS it hath appeared to this General Aflembly, that the before recited aft hath not that
' ' \ V good effeft which was intended :
^ll"^'', ^'^'^b I- -Sf it therefore enaBed by the General Ajfenthly of the fate of North-Carolina; and it is hereby enaBed bf
tial!"^ °' "' tks authority of the fame. That all perfons who fliall hereafter play at* any game of cards in any public houfe"
or tavern, and bet any money or property, whether the fame be in ftake or not : or any perfon or per-
fons who ftiall bet on any game at cards, ftiall, on conviftion,, forfeit and pay for each and every offence,
the fum of forty ftiillings ; recoverablebefore any Juftice of thePeace, one half to the informer, the o-
ther half to the ufe of the poor of the county. And if any keeper of a ptibUc houfe or tavern, fhall
knowingly fuffer, or willingly permit, any game of cards to be played in faid public houfe or tavern, for
money or other kind of property, he ftiall forfeit and pay the fum of five pounds for every oflFence, to be,
recovered in like manner ; one half to the ufe of the informer, the other half to the ufe of the poor of'
the pariih.
Tavern keep
ers.
CHAP. 13.
Afls of Assem-
bly when in
force.
CHAP. li.
2, 1777, 2.
Wittiesses
when not to
pay costs.
An aB declaring the time at which aBs of the Gmeral AJfembly pfthisjiatefhall be in force. ■;
1. T) E it enaBed by the General AJfembly of the fate of North-Carolina, and it is hereby enaBed by the authxnri^r-
JL> ty of the fame. That from and after the paflTmg of this aft, all afts of the General Aflembly of
this' ftate fliall be in force, only from and after thirty days after the rife of the feffion of the General Af-
fembly in which fuch afts fliall have pafled, and not before, unlefs in any aft or afts, the commence-
ment of the operatiwi of fuch aft or afts ftiall be exprefsly otherwife direfted» (The rejl private.)
An act to amend the thirty fixth and thirty-feventh fections of an act, pajfedat Nevjiern,4H owe thoufand feven hun**
dred and feventy feven, entitled^ « An aft for eftablifliing courts of law, and for the regulating the pro*-
ceedings therein."
J T> E it enacted by the General AJfembly of the fate of North-Carolina, and it is hereby enacted by the autho-
^y rity of the fame. That in future, any witnefs, being legally fummoned to appear at any court of re-
.cord of.this iW and give evidence, and failing fo to dO| fm making fatisfaftory prooftothe fucceeding
towrt to that to which fuch witnefs was fun^moned, that he or flie was by fome unavoidable accident or 1799. 139 J
Other caufe, prevented from attending the court to which he or fhe was fummoued, whereby the court v*^v«0
may be of opinion that fuch witnefs be exempted from the forfeiture iafli£ted by the before recited a£t,
fuch witnefs fo exonerated by the court as aforefaid, fliall hot be fubje£ted to any cofts thatmay have ac-
crued i any law, ufage or cuftom to the contrary notwithftanding.
yin aet enlarging the power of the Governor in the appointment of^otaries Public, ' CHAP. 15.
WHEREAS by the fifteenth feftion of an a<3:, pafled in the year one thoufand feven hundred and fe-
venty-feven, entitled «« An aft for appointing Sheriffs, and diiefting their duty in office ; and ' ' *
for obliging the late Sheriffs, and Collectors of public monies who are in arrears, to account for and pay
the fame, and other purpofes ;" it is enafted, that the Governor for the time being, fliall, from time to
time as any vacancies may happen, appoint one or more perfons, properly qualified, to a£l: as Notary or
Notaries at the different ports of this ftate, thereby limiting the power of appointment, to perfons to a£b
as Notaries in the faid ports onlyj and it being expedient and necelTary that Notaries be appointed in the
different parts of this flate :
I. Be it therefore enacted by the General AJfembly of the flate of North-Carolina^and it is hereby enacted by the Governor-may
authority of the /amey'Th^t in future the Governor for the time being fliall be vefled with a difcretionary appoint Nota-
power, and may from time to time, appoint one or more proper perfons, in addition to thofe previoufly "" '^^'^'^"'°"*
appointed, to a£t as Notary or Notaries in each and every county of this flate : and the faid Notaries, and * ^' '^
every of them, fhall take the oaths appointed for the qualification of public officers, and alfo an oath of
office : which oaths may be taken in,, and adminiftered by, the court of any county of thediftrict in which
fuch Notary fhall refide.
II. yind be it further enaSledj That the provifo contained in the fifteenth fe£lion of the aft herein before Part of a fbr-
alluded to be, and the fame is hereby repealed and declared void. mer act repeal-
ed.
An act for the relief of non commifjtoned officers and foldiers ef the continental line, and the militia chap. \Qt
of this Jl ate, who have been difabled in the fer vice oj the Unitedjiates or oj thisjlate during^tht late
war ; and who are not placed on the penfion lift oJ the Untied States, and are barrtd by the act of
limitation.
I. 13 E it enacted by the General AJfembly of the flate of North^CarolinOy and it is hereby enaBed by the authority Applicanis
\^ofthefamey'Vh.3t any non commilfioned officer or foldier belonging to the continental line, or how to proceed
ifiiiitia of this ftate, during the late war, who was difabled by wounds or other known caufes, and who 'o be placed on
did not defert from the faid fervice, fhall be entitled to be placed on a penfion lift of this ftate, during ^^^ P^"*'°"
life or the continuance' of fuch difabihty, under the following rules and regulations,, that is to fay, Firft,
every applicant fliall attend one of the luperior courts of law in^ perfon, except where it fhall be certified
by two Juftices of the Peace that he is unable fo do, and fhall produce to the faid court the following proofs,
to wit : a certificate from the commanding officers of the regiment, corps or company in which he lerved,
fetting forth his disbility, and that he was thus difabled while in the fervice of the United States, or the
affidavit of two creditable witnefTes to the fame effeft ; the affidavits of three refpeftable freeholders of
the county in which he refides, afcertaining of their own knowledge, the mode of life, employment, la- Persons who
hour, or means of fupport of fuch applicant, for the laft" twelve months. Secondly, the faid fuperior piy^wlth^thTs'e
courts, upon receipt of the proofs aforefaid, fhall' forthwith proceed to examine into the nature of the requisites re-
wound, or other caufes of difability of fuch applicant, and having afcertained the degree thereof, fhall i>eved.
certify the fame, and tranfmit the refult of their enquiry, in cafe their opinion ftiould be to place fuch j|f|j' 2^2'
applicant on the penfion lift, to the Comptroller of this ftate: together with their opinion in writing, ' *
what proportion of monthly pay of fuch applicant, will be equivalent to the degree of difability afcertain-
ed in manner aforefaid;
n. Be it further enactedy That the Comptroller of this ftate, lipon Receipts of the proofs, certificates and Duties of the
opinion aforefaid, fliall caufe the fame to be duly filed in his office, and place the name of fuch appli- Comptroller.
Cant on a penfion lift of this ftate in conformity thereto. Provided always y That in cafe where the faid
Comptroller fhall have caufe to fufpeft impofition or miftake, he fhall have power to withhold the name
of fuch applicant from the penfion lift,, and make report of the fame to the General Affembly which may
next happen thereafter.
HI. Be it further enaSiedy That all non commilfioned officers and privates of the continental line, or mi- Allowancethat
Ktiaofthisftate, inthe late war, of the aforefaid defcription, being difabled fo as to be wholly incapable ™^ I'eraade,
UO 1799.
Oath to be tak
en b^ invalid
aniiall/.
Manner of ob-
taining pay-
ment, &.C.
No sale, &c. of
pension to be
valid, &.C.
Ante p. 9.
Continuance of
this act.
Revived for
one year,
1801, 22.
of obtaining a livelihood by labour, fliall be allowed a fum not exceeding five dollars per month : and all
non commiffioned officers and privates as aforesaid, who ftiall not have been difabled in fo great a degree,
(hall be allowed fuch fum as (hall correfpond with the degree of their difability, compared with that of a
a non commiffioned officer or private wholly difabled.
IV. Be it further enaSted, That every invalid (hall annually apply to fome Jufticeof the Peace of the
county in which he refides, and take the following oath, viz. , " A. B. came before me, one of the Jufti-
** ces for the county of in the ftate of North Carolina, and made oath, that he was examined by
" the Judges of the fuperior court, appointed by this ftate for that purpofe, and obtained a certificate^
" fetting forth that he ferved in and that he was difabled by and that he now
** lives in the county of and is the perfon he reprefents himfelf to be \ and that he is not oij
« the penfion lift of the United States."
V. Be it further enaSiedy That a copy of each affidavit, drawn according to the above form, dated and
attefted by a Juftice of the Peace, be fent by the faid Juftice to the Comptroll<?r aforefaid -, and that 9
counterpart of the fame be given to the perfon taking it, to be exhibited to the Treafurer of the ftate : and
the Comptroller ftiall annually tranfmit to the Treafurer, an account of the perfons whom he has regiftered
as invalids according to this aft, and who have been certified to him to be living within this ftate in that
year, and the fum to which they are refpeftively entitled y and the Treafurer is hereby authorized and
required to difcharge their annual penfions accordingly.
VI. Be it further enacted, That from and after the paffing of this aft, no fale,' transfer or mortgage pf
the whole or any part of the penfion payable to any non-commjffioned officer or foldier, before the fame
fliall become due, fliall be valid ; and every perfon claiming fuch penfion, or any part thereof, under pow-
er of attorney or fubftitution, ftiall before the fame is paid, make oath or affirmation before fome Juftice
of the Peace, where the fame is payable, that fuch power or fubftitution is not given by reafon of any
transfer of fuch penfion. ^nd any perfon who ftiall fwear or affirm falfely in the premifes, andbe thereof
convifted Jhall fufFer as for wilful and corrupt perjiiry.
VII. And be it further enaBed, That this aft, fo far as refpefts the examination of applicants, fliall con-
tinue and be in force for the term of two years, and no longer: and that all aftsjand claufes of aft s which,
come within the meaning and purview of this aft, be, and the fame are hereby repealed and mad^
void.
CHAP. 17.
1, 1741, 14.
Manner of pro.
csediug where
the reputed fa-
ther of a bas-
tard child does
not appear, or
absco)ids, &c.
Power of a for-
mer act extend-
ed.
Proceedings
■where the re-
An act to amend an act entitled " An aft for the better obfervation and keeping the Lord's day, commonly
called Sunday ; and for the more efFeftual fuppreflion of vice and immorality : " pajed in the year
1741. ■ • - ■ •
I, "TyE it enaBed by the General JJJemUy of the Jlate of North-Carolina, and it is hereby enaSled by the au.
J3 ^f^ority of the fame, That whenever two Juftices fliall bind the reputed' father of any baftard child
to the next county court, in manner as prefcribed in the tenth feft'ion of an aft pafted in one thoufand
feven hi^ndred and forty-one, entitled " An aft for the better obfervation and keeping the Lord's day,
commonly called Sunday ;'and for the more efteftuaV fuppreflion of vice and Immorality,'^' and the faid
reputed father fliall not appear agreeable to his 'faid' recogni^7ance ; or whenever any woman fliall fwear
a child to any man in manner as prefcribed in the aforefaid aft, and the man to whom the faid child is
fworn fliall abfcond, or fo conceal himfelf that the procefi; of faid Juftices cannot be ferved on him ; then
it fliall and may be lawful for the county court, on return of the recogni/'ince or other proceedings from
the Juftices pf the Peace, to order their Clerk to iff\x& a capias or an attachment, at the difcretion of faid
court, to any' county within this ftate, againft the reputed father of fuch baftard child fo abfconded ; ^nd
the fame proceedings had thereon as in other Jike cafes of a ra/iflj- or an attachment.
And whereas by tfie tenth and eleventh feft\bns of faid aft,- it appears that iu any fubfequent proceed-
ings neceflary to be had on any warrant ifiued by virtue thereof, the autjiority to aft is confined folely to
the two Juftices whp ifl'ued the fame ;. which in many inftances tends to delay,- and often to defeat the
purpofes of the aft : For rernedy whereof. - * ^ ■- , < . ■■■-
II. Be it enaSledby 'the authority aforefaid, That from and after the paffing of this aft, the power and au-
thority to aft as provided by faid tenth and eleventh' feftions, fliall be, and the fame is hereby vefted in
any two of the Juftices of the" county in \vhich fuch warrant fliaU have iflued ; any thing in faid aft, or
any other, to the contrary notwjthftanding, ■ -
III. y^«rf if ;V/«r^Air «?rf<f7f</. That when any county court within this ftate, fliall charge the reputed
fatlier of any baftard child with the maintenance of the fame, in manner as prefaribed in the tenth fedtion
iOf Ael^fore recited a^:, and die faid reputed fatlier fha'l tefufe or negiecl to pay the Tatiz, then k finll 1799. Ul
and may be lawful for fuch county court, on notice being ferved on the defendant at lead ten days before v-'-v^sj
th« fitting of fuch court, and* fpch notice being returned by the SheriiFof the county that the defendant H«t'^ fat'ier
is not to be found, to order an execution ag^inft the goods, chattels, lands and tenements of the faid repu- ^^f^ negleftpr
;ted father, fufficient tofatisfy and difcharg^ Tuch fum as the faid county court may adjudge for the main- nance, '&c!^ ^"
.-tenanqe of the faid hazard child. Provided^ That the party aggrieved by fuch non payment {hall make 'I'erhaps or^
application for the fame. And that all a6ls and parts of afts coming within the meaning and purview of
,<;his ail, be, and the fame are hereby declared to be repealed and jnade void.
W b
An a& to prevent aStions from abating in certain cafes. CHAP. 18.
EREAS it is a rule of common law, injurious in its operation, th^t actions of eje£|tnient flialla-
bate by the death of the defendants in fuch actions :
I. Be it enaBed by the General AJfembly trfthefiate ef North-Carolina, and it is hereby enaBed by the authority <f ^g^^^t^not
ihefame. That no a£lion of ejeilment now pending, or which may be hereafter pending, fliajl abate by the to abate by the
.death of any defendairt or defendants in faid anions, but the fame maybe revived by fervingon the heirs death of the
at law, or devifees of faid defendant, «r the gusrdian or guardians, witliin two terms after his deceafe, a defindam, Stc.
copy of the declaration filed in faid a£tion, together with a notice to the heirs or devifees, or their guardian
,Qr guardians If they be minors, to appear and defend faid fuit ; and after fuch fervice, the fuit iliall Hand
revived, {jnd (hall be proceeded on in the fame manner as if the defendant or defendants were living.
II. And be it further enacted, Tliat whenever any of the heirs at law, or devifees of any fuch defendant Where the
to whom thelajjd in difpute (hall defcend or be devifed, (hall be minors without guardians, the court ^^y- s^c. isa
wherein the faid fuit is pending, fhall be authorized and empowered, upon application, to appoint a guar- coumoarpcunt-
.dian or guardians to.defend faid iuit in behalf of -faid minor -or minors, who ihall bp nejct of kin to himor guai-dian.
xthem, 01 futh other perfon or perfons as the court fhall approve.
III. And be it further enacted^ That whenever any of the heirs or devifees, or their or either of their Proceedings
guardians, fhall refide out of the ftate, :the Sheriff of the county to whom the declaration and notice fhall where the heii^g,
;iffue, fhall upon making his return, ftate the faft, and an alias declaration and notice (hall iffue ; and an ofthesiaia.
advertifement of fuoh notice fhall be made in fome p iblic gazette of this ftate, and fuch as .the court fhall
j>refcribe, for the fpace of three months : and if the fame return fhall be made after fuch advertifement as
aforefaid, the fuit may be profecuted in the fanie manner and t;o the fame effedj, as if fuch declaration
and notice had been ferved.
And whereas it is uncertain in what cafes fuits fhall not abate by the death of either plaintifl^ or de- ^>„-
-fendant, by reafon of the feventh feftion of the fifty feventh chapter of sn 9^, pafTed in the year one '
thoufandfeven hundred and eighty-nine : ». .
IV. Be it further enacted. That whenever any. plaintiff or defendant in any fuit fhall die, and there fhall in certain cases
be any conteft for the adminiftration on the eftate of the deceafed,or for the probate of anylaft will and tefta- °n the death of
ment of fuch deceafed perfon, fuch fuit fhall be continued from term to term until faid conteft is determined, «"l»er party,
and until after the expiration of one term after fuch determination, when the fame may be abated by plea.
V. And be it further enacted, fhat no aftion of detinue or trover, or a£lion of J:refpafs, where proper- n^t'^'fo^^^fg^^
.ty either real or perfonal is in conteft, and fuch aftion of trefpafs is not merely vindictive, fhall in any the death of '
,caufe or court, aba^e or be difcontinued % the death of either party, plaintiff or defendant, but the fame ^''^s' pa^ty.
,lhall £fnd may be revivfid in the .manner prefpribed for the revival of other cafe^.
Ah aSi limiting the operation a) an aB, entitled. An aft authorifing the eomptroller of this ftate to liquidate ^*'*^* ^*
the claims of the officers and foldiers raifed for the proteftion of Davidfon county, under an act of the
• General Affembly paffed at Fayetteville, in the year one thoufand feven hundred and eighty fix."
-!'. T)E a enoBed by the General AJfembly of the fiate of North-Carolina, That from and after the firft day ^i^i^^liX
Ij of November next, the faid a6l, and every part thereof, be, and the fame is hereby repealed. Comptroller's
And that all claims of fervices, which by the before recited aft: the Comptroller is authorifed to fettle and duty,
liquidate, fhall from the aforefaid firft day of November, l>e fpreyer barred from feitjement, liquidation
or payment J any law tp the contrary notwithftsmding.
^n act to oiblige th0 Sheriffs of this Jlate to furnifh Candidates for the General Affembly with a true fiatement of
the election for the fame.
'HEREAS the Sheriffs of this ftate were under no penal obligation to give a copy of the polls to 2, 1777, i. ;
any ^andi^ate not elefted to ferve in the General Affembly ;
Mm
3 42 1 799. I. Be it therefore enacted by the General Affembly of the ft ate of North-Carotina, and it if hereby enaSed hyr^e
authority of the fame, That the SherifFin each county of this (late, ftiall on payment of the fum of twenty
fliillings, make out and furnifli any candidate not elefted, with a'fair and truccopyof thepolls, anda juft
ftatement of the election, within twenty days after fuch eleftion, under the penalty of one hundred pounds,
for the ufe of the Hate. Provided neverthelefs, That- fuch candidate fllaH make application for fuch ftate-
ment or copies to the Sheriff, within ten days after the eledtion for which htf was a candidate \ any law
to the contrary notwithftanding.
CIIAP. 24. An aB concerning the Difmal ^v/amp Canal Company.
WHEREAS it is reprefented to this General Affembly by the Diftnal Swamp Canal Company, that
the faid company notwithftanding the greateft exertionsj may not be able to complete the canal
and other works undertaken by them within the time to which they are limited by law \ and alfo thatf
fome alterations may be made in the fard works, which will be beneficial to the faid company and not
detrimental to the public : and whereas it confifteth with the true policy and dignity of llates, to encour-
age works of public utility, and to favour thofe engaged ill' the execution of them fofaras-it may com-
port with the general good :
I. Be it enaBedby the General Affembly of theflate of North-Cafolinaf and it is hereby ehaSed by the authori-
ty of the fame. That the farther time of fivey^arsbe allowed to the Difmal Swamp Canal Company, to
be computed from the nineteenth day of September, in the year one thoufand eight hundred and one,
to complete their canal and other works in fuch a manner as to entitle them to receive the tolls granted
by law.
II. And be it further enaBt dyThzt zczufewzy or ro2id of the dimenfions prefcrited by law, on one-
bank of the faid canal ftiall be fufficient,. until the Legiflatures of the ftates of North-Carolina and Virgi-
nia ftiall fee proper to dire£l: a like road or caufeway to be made on the other bank : any aft, or part of
an aft, to the contrary notwithftanding.
eompensation. HI. And whereas it is reprefented that parts of the faid canal and works may be now ufed by travellers
and others with advantage, and it is juft that they who receive a benefit therefrom ftiould make fome re-
turn for the fame : Be it euaBed, That the faid company ftiall have a right to demand and receive from"
thofe who may choofe to ufe their caufeways or water, before the navigation and works fhall be complet-r
ed, a reafonable corapenfation for the ufe thereof. This aft ftiall commence and be in force from ancT
after the pafling of a like aft by the General Affembly of Virginia.
1790, VG.
Ante p. 3.2.
Time to com-
plete canal eX'
tended.
Causeway.
Prov'.sc
Chap. 25.
Fees of the Se-
creiar/ of state.
•Ante p, 115-
To take re-
ceipts for
grants.
Fees of the Go-
vernor's pri-
vate Secretary
Th's act wi.en
.'II foiC'S.
An aB to regulate the fees of the Secretary of State, and of the Governor's Private Secretary, in certain cafes.
I. T3 E '' therefore enaBedby the General Affembly ofthejlate of North-Carolina, and it is hereby enaBed by the
.IJ' authority of the fame. That in future the Secretary of State, for receiving the Surveyor's return, filing
the plan, making out and recording the grant, with the indorfement therof and the certificate thereon, to be
paid by the grantee at or before the delivery of faid grant out of the office, ftiall be entitled to receive the
fum of five fliillings ; for docketing a caveat, filing order of fufpenfion to the court, and entering and
filing the judgment of the court thereon, five fliillings } for every fearch, one fliilling ; for regiftering
every deed for lands purchafed for the ufe of the ftate, under an aft of the General Affembly paffed iu
the year I79d, entitled *« An aft- to amend^the revenue laws as refpefts the land tax," he ftiall receive
the fame fees that the Regifters of the different counties would be entitled to receive for regiftering Gmi.
lar deeds, to be paid him by the Treafurer.
II And be it further enaBed, That the Secretary ftiall keep a receipt book, in which he'fliall take from
each and every perfon to whom a grant ftiall be delivered, a receipt.
III. And be it further enaBed, That the Governor's Private Secretary, for the certificate of fufpenfion of
a grant, fliall be entitled to receive two fliillings and fix pence ; for fealing each grant for land, includ-i
ing wafers or wax, paper and tape ufed in making the fame, to be paid by the grantee on or before the
delivery of the grant out of the Secretary'is oSice, two fliillings and fix pence.
IV. And be ft further enaBed, That this aft fliall be in force from and after the rife of the prefent Gen*
eral Affe.^Uv
An alt to explain an aBy puffed in one thoufand feven hundred and eighty-ninty entitled « An aft to amend an 1799. 143
a£ti concerning proving of wills and granting letters of adminiftration, and to prevent frauds in the v-^'v^J
management of inteftates' eftates, pafled in one thoufand feven hundred and fifteen, and for other pur- chap. 26.
pofes."
WHEREAS doubts have been entertained whether that part of the ninth feftioTj of the fafd aft, paf- 1789, 23i
fed in one thoufand feven hundred and fifteen, which requires the creditors of any perfon dfe- l^^-'* ^s'
.TCeafed, to make their claims within feven years after the deceafe of fuch debtor, or be forever barred is
or is not repealed by the fard aft, pafled in one thoufand feven hundred and eighty-nine :
I. Be it enacted by the General Ajfembly of thejlate of North-Carolina^ and it is hereby enacted by the authori- Certain afl lie-
tj ofthefamty That the faid aft pafled in the year one thoufand feven hundred and eighty-nine, (hall not *='*«'' "°' to
be cbnfidered aS a tepeal of that part of the ninth feftion of the aft pafled in the year one thoufand feven ^^^^ repealed
hundred and fifteen aforefaid j but that th« fame fhall be deemed and held, and taken to be in full otnci."" °' '"^'
fo^^ce. ,
And whereas iieither the above recited aft, nor the aft for the better care of orphans, and fecurity and 1762, 5,
management of their eftatesy have fufficieritly defined the power of the courts in making allowances to
guardians, executors and adminiftrators, for their charges and comraiflions on the management of the ef-
tates of deceafed perfons ; and whereas in many inftances improper allowances are made :
II. Be it enaSed by the General Afjefnbly of the fi ate of North- Carolina, and it ts hereby enaSied by the authori- P"*y of courts
ty of the fame. That the feteral courts of this ftate are hereby authorized and direfted, in making allow- '" ""ak'ngcom-
ances of commiffions to guardians, executOK and adminiftrators, to take into confideration the trouble GuM<lian»\c.
and time expended in the management of any deceafed perfon's eftate, and fhall make an allowance of
commiffions not exceeding five per ceiitum, for the amount of the receipts and expenditures which fhall
appear to be fairly made in the management of any fuch deceafed perfon's eftate; and anv allowance
ihade^ fhall be held and deemed a proper and fair charge againft the aflets in the hands of any fuch guar-
dian, executor oradminiftrator ; and he, fhe or they, fhall and may retain for the fame, as well againft
any creditor of the deceafed, as againft perfons claiming as legatees, or as being entitled to diftributive
Jhares of fuch deceafed perfon's eftate : aiiy law, ufage or cuftom to the contrary notwithftanding. Pro-
iiidedy That nothing herein contained, fhall be conftrued to prevent any executor, guardian or adminiftra-
for, firom retaining for necefTary charges and difburfements, in the fame manner as hath heretofore
been allowed by law.
An'a^ regulating the duty of Sheriffs during the fitting of thejuperior courts and direSling them as to the fer- CH4P. 27.
wVf ©/"fcire facias.
WHEREAS it hath been heretofore the duty of SherifTs of the different countias in this ftate, to
attend the fuperior courts in their diftrifts during the term or fitting of faid courts : therefore,
I. Be it enacted by the General Ajfembly of thefiate of North-Carolina, and it is hereby enacted by the autho- Three Sheriffs
tity of the fame. That from and after the pafTmg 6f this aft, that three Sheriffs only fhall be compelled '° *"^"^ '•'^ ,
to attend to, and do the duties of faid fuperior court ; and the Sheriff of the county, or in cafe of fickw ^"J^^"°'^ '^°*"'*'
nefs or inability then his deputy, wherein the faid fuperior court is held, fhall always be one of the She-
rifles aforefaid -, and the other Sheriffs of the diftrift ftiall attend in rotation, two at each t«rm, and fhall
be appointed by the Judge or Judges of faid court from term to term. Provided, nothing herein contain-
ed fhall be conftrued fo as to prevent or excufe any SheriflF from making his lawful returns to any of the
faid fuperior courts in due time and agreeable to laW, as heretofore praftiled.
II. And be it further enaSfedf That in future, where any fciri facias fhall iflxie to the Sheriff of any ^^** *^*" ^
county within this ftate, the return of the Sheriff thereon that the fame has been executed, fball be *']^%^a,f *
deemed fufficient evidence of the fervice of iuchfcire facias, and fhall not be held neceffary that the fame
fhould be made known in the prefenee of witneffes : any law, ufage or cuftom to the contrary notwith-
ftandingv
An act to amend the tenth feBion of an a<!t,paffed in the year one thoufand feven hundred and eighty-four, entitled chap. 28,
« An aft to regulate and afcertain the (everal officers' fees therein nientioned ; and for altering the time
of holding the fuperior courts of la^ and equity for the diftrifts of Halifax, Edenton, Newbern and 3, 1784, r.
Wilmington.** '
WHEREAS the tenth feftion of the before recited aft provid;s for fuch fales only as had taken j '"
place previous fo the paffing of the before recited aft :
Hi 1799. I. £(,' it enacted hy the General AJtemhly of thejiaie of t^orth-Carolina^ and it is hereby enaded by the authority
<,<-v-««j ofthefamey That whenever any Sheriff or Coroner has heretofore fold, or may hereafter fell, any real or
Sheriff &.c. lo perfonal eftate in obedience to executions, or writs of venditioni exponas to him dire£led, and have not, or
property^soid" "^^^ "°'^» ^*^^ executed deeds to the purchafer for the fame, fuch Sheriff or Coroner though he may be
bythem, altho' ou.t of office, fliall and he is hereby required to feal and execute a deed or deeds of fale for fuch real or
out of office, perfonal eftate fo fold, to fuch purchafer at faid fale, and have fatisBed or paid the money for the fame ;
and in cafe any Sheriff or Coroner having fold any eftate as aforefaid, has died, or may die, or ramove out"
of the ftate, then his fucceflbr in office is hereby required and empowered, on application, to make fuch
conveyance as is herein dire£ied.
11. And be it further enaSledy That fo much of the before recited a£t as comes within the meaning and
purview of this a£l, be, and ^he fame is hereby repealed ; and that this aft fliall be in force from and after
the day of its ratification.
Repealing
clause.
PHAP. 29. An aSlJor the better regulation of the infpeSiion of lumber in thefta-port towns in this Hate,
1 1784 26 ^TtTTHEREAS complamts are made that perfons are employed to infpedl faw-mill lumber, ftaves an<|,
' ' tV fliingles, without taking the oath required of infpe£bors of produce, under an ad paffed in tji?
year 1764., entitled « An act to prevent the exportation of unmerchantable commodities i"
Penalty onper' I. Be it enaSfed by the General Affembly ofthefiate of North-Carolina^ and it is hereby enaEted by the authority
fumbeTwfth"'*' <f*^^A^^> That from and after the paffing of this a£l:, no perfon fliall infpeft any faw-mill lunvber, ftaves
out being qaii- or fliingles, widiout being firft qualified as direfted by the above recited a£t, under the penalty of twenty
pounds for every fuch offence ; to be recovered by any jurifdifton having cognizance thereof, one half to
the ufe of the ftate, the other half to the perfon fuing for the fame.
II. And whereas there may not be infpeftors legally appointed in all the fea-port towns in this ftate :
Beit enactedy That any three Juftices of the Peace for the county including fuch place of infpeftion,
(hall be at liberty, to appoint one or more perfons to aft as infpeftors until the next fucceeding county
court.
fl(d.
CHAP. 30.
1785, 12.
Ante p. 15.
J302, 21.
xmo, 21,
Further time
al'owed for
jirobate, &.C. of
marriage set-
tlements.
And for hills of
sale fov slaves.
Ante p. 106.
fHAP. 31.
Ante p. 26.
Duty of proces'
sioner in case
of disputed
lipe.
An aB to amend an aB, for giving further time for probate and regifiration sf bills of fale for fiaves and marri"
age fettlementf.
WHEREAS in the firft feftion of an aft, entitled. An aft direfting that marriage fettlements and
other marriage contrafts fliall be regiftered, and for preventing injury to creditors, palled at Newr
bern in the year onp thoufand feven hundred and eighty five, it is diiefted that all marriage fettlements
and other niarriage contrafts fl)?)l be proved in the fame manner as other deeds, and fliall be regiftered ;
and whereas it appears to this General lAffembly that a njumber of good citizens, for want flf fufficient in-
formation, have neglefted to avail themfelves of faid aft ; for remedy whereof.
I. Be it enaEledby the General Affembly of the ftate of North-Carolina, and it is hereby enacted by the authori-
ty of thefamey That ail marriage contrafts which were made, formed and entered into previous to the palj.
fing of the above recited aft, ffialUiave a further time of twelve months allovved for probate and reglftraT.
tion ; and fliall when thus authenticated and perpetuated, be held and deemed as valid in law, to all in-
tents and purpofes, as if they had been proved and regiftered withiiji the time required by the above re-
cited aft !, any law, ufage or cuftom to the contrary notwithftanding.
II. And whereas the time allowed for regiftering bills of fale is expired : Be it ena&edy That a further
time of two years be allowed for proving and regiftering bills of fale for flaves, Nyhich, when regiflerei
within the time aforefaid, fliall be good and valid to all intents and purpofes as if proved and regiftered
within the time required by an aft, paffed in the year one thoufand feven hundred and ninety- feven, en-
4tled « An aft granting a further time for proving and r^iftef ing l>iJIs of fale and deeds of gift. "
An aSl to amend an aB entitled « An aft to amend the feveral proceffioning laws now in force i^ this ftate, "
paffed in the ■sear one thoufand feven hundred and ninety'tvjo.
WHEREAS by the before recited aft there is no provifion made for fettling difputes wiiich may a-
rife between any two or more perfons relative to lines ; and for remedy whereof,
I. Be it enactfd by the General Affembly of the fate of North-Carolina, and it is hereby enacted by the authority
of the fame, That in all cafes where a line is difputed, and the proceffioner is forbidden by either of the
parties intereft?d in the event of th^ prpceflioiim^, to proceed further in running and ;marking the fa^ne,
it fliall be the duty of fuch proceffioner, he being legally appointed, to report the fanne, ftating truly all the 1799, 145
circumftances of the cafe, with the name of the perfon or perfons who forbad the further proceeding, to *>— vr»-'
the next fucceeding court of the county in whicli ihe land Jies : and it fliall be the duty of the court re-
ceiving fuch report, to appoint five refpedab.Ie freeholders, whofe duty it lliall be to appear tv-jth the pro-
ceffioner on the line or liries fo d.ifputed, and proceed, after being fvA'orn to do equal right and juftice be-
tween the contending parties, to cftablifli fuch xlifputed liae or lines as fhall appear to them right, and
proceffion the fame, and make report of their proceedings to the next fucceeding court j which pro-
• .ceedhigs fhall be recorded by the Clerk of laid court, as dire£ted by the above recited a£l:. Provided ne-
■vefihelefs., Thpt either of the contending parties may call in any other furveyor, to aft witla the proccffi-
.oner and complete fiich Turvey ;, and the party againil whom the decifion is made, fliall pay all colts.
^n aEl to amend an aHypaJfed at Kev3b£rn,DasfhfrftJfiofi,on4:tboufiindfeven Imtidreda^^ .entitled^ CHAP. 32.
An aa to prevent abjufe.s' in taking up ftray horfes, cattle, hogs, fl^eepj and other things therein men,
tioned. *' - '• • ■' • ' ■ ■ "• ■•■ , • - -> - i.-..- ,'..... \. -■ ■ ■: . , p 2,1777,9.
WHEREAS the before recited aft makes no provifion that the taker up of ftray beafls fhould give
bond and fecurity for their faithful performance, on his part, with the requifites of the faid a£t ; *"'«> I' l'^-
and many times the takers up of ft rays removing himfelf from the county wherein the ftray was taken,
a^id thereby prevent the owner from recovering his property, and to the gr^at injury of the county :
1. Be it enacted by the General AJfemhly ofthejlate of North-Carolina, and it is hereby enacted by the authori^ D"*)' of talker
iy cf the fame, Thatjn future any perfon taking up a ftray or ftrays as aforefaid, {hall firft give bond in a "^"^ '^^'■^^'*'
fum at leaft double the fum which may be deejned to be the value of fuch ftray or ftrays, with approved
fecurity, to the Ranger of the county wherein faid ftray fhall be taken up, for his or her faithful compliance
v.-irh the aforefaid aft, by delivering up the ftray or ftrays ta the owner (ifdaimed in due time) or other.
<wife accounting with the county truftee as by law direfted.
,11. And be it further enacted, That the taker-up.of every ftray in future, fhall pay to the Ranger with ^a"Se*^s fees',
whom he may enter thebeaft, the fum of two fhillingSf^or his trouble in writing the bond ; which ftiall
be repaid him by the owner recovering faid ftray. Provided, That if the fum which may be deemed to
be tlx^ value of fuch (Iray so taken, .fliall not exee,ed forty killings, then no bond ftiail be required.
An a&to alter the'tme of hotdihgtiie ftiper'ior courts in the difriB ofNewbern. CHAP. 33.
^' T^^ ^^ enacted by the General Affcmhly of the fate of North-Carolina, and it is hereby enacted by the au- Time of holding
JLJ thority of the fame. That the fuperior courts of law and equity for the diftrift of Newbern Aall "be ?''ipe"°«' court
:held on the folJov/ing days, to wit : on the fifteenth day of January and July : to which times refpeftively dkS''''^'"
ali matters and things therein depending fhall ftand adjourned and be continued from and after the court
which flisll happen in March pext, agreeably to the arrangement of the courts before the paffing of this 1790,3.
aft. Provided ahvays. That if the day appointed for holding the faid courts, ihould happen on Sunday,
then fuch court fhall commence on the next fucceeding day.
w
An aBto alter the time of holding the countyxourts of Anfon and Richmond. CHAP. 34.
"HERE AS it is reprefented to this General AfTembly, that it would be more convenient for the ci- 1785, 2.
, , tizens of faid counties that the time of holding their refpeftive courts fhould be altered :
I. Be it ejiaSied by the General Affentbly of the fate ofNorfh-Caralina, and it is hereby enaBedby the authority of TJme of hold.
the fame. That from and after the firft day of April next, the county court of Anfon fhall be opened and '"5 courts in
Jieldon the fecond Monday in January, April, July and Oaober, in each and every year. "•
The reft repealed, ISQVy^S^ -
B AH aS to niter the time of holding the courts of pleas and quarter-feffions for the comfy of Ma' tin. CHAP. 3S.
Eit (nailed by the General Afemblyofthefat of North-Carolina, and it is hereby enacted by the authority Time of ho\d'
of the fame. That from and after the pafhng of this aft, the courts of pleas and quarter-feflions for the '"S '^o""* •"
county of JMartin, fhall be held on tlie fecond Mondays in March, June, September and December, !„ ^^""» «''"''/•
each and every year : to which time all matters and things therein pending fhall ftand adjourned, any law IS'SS, 2,
to the contrary nqtwithftanding.
Nn
M6 1799.
CHAP. 36.
Ashe county e^
leAed.
Part of Mor-
gan dis rict.
Jurors.
Tyml! divided
"Washington
erefled.
Part of Eden-
ton distri£t|
Jurors.
CHAP. 37.
Line l«tween
Tyrrell and
Washington.
CHAP. 89.
Gla-^gow to be
tailed Grter.e.
•AKte p. 20.
An act for the divifwn of Wilies and Tynclt ciuntits,-
WHEREAS tlic great extent of the county of Wilkes renders the atendance of many of the Inhabit
tants thereof at courts and other public meetings expenGvey inconvenient and oftentimes impraC'*
ticable : For remedy whereof,
I. Be it enacted by the General Ajjembly of the flat e of North^Carolinay and it is hereby enacted by the authori-
ty efthefamey That all that part of the county of Wilkes, lying welt of the extreme height of the Apala-
chian mountains, (hall be, and the fame is hereby erected into^ a fepatate and diftin£t county by the name-
of Alhe.
II. Private.
III. Be it further enaEiedy That the faid county of Alhe fliall be, and remain parF of the diftrift of the
fuperior court of Morgan. The refl othernvife provided for^ 1803, 5.-
IV. Private.
V. The frjl part repealed y 1800, 66. And the laid county of A fhe Ih all hereafter fend three jurors-
to each fuperior court for the diftri£t of Morgan, ^nd the county of Wilkes (hall hereafter fend no more
than five jurors to the faid fuperior court,
VI. VII. andVm. Private.
IX. Be it further ena^edy That from and after the pafling of this a£J, the county of Tyrrell fhall be
divided in the following manner, to wit, beginning at Bull-point, thence running a dire£l line to the cen--
tre of the Indian- fwamp, where the road croflfes v from thence running a direft- line to the wed end of
lake Phelps thence running a direft courfe to Hyde county line.
X. Be it further enacted by the authority aforefaidy That Paul Thoroughgood, Jbhn A^ Patrick, Benja-
min Spruill, (fon of Jofgph) Daniel Davenpoit and James Jones, be appointed Cotiimiflioners to run the
faid dividing line ; and all that part of Tyrrell, lying weftwardly of faid line, {hall be cre^ed into a fe-
parate and diftinft county known by the name of Walhington county.
XI. Private.
XII. Be it further enact edy That the laid county of Walhington (hall be, and remain part of thedillrl^^
of the fuperior court of Edenton. There/iotherwifeprovidedfory 1803 y 5, 1802, ' ^ ■
XIII. Private. > ., "
XIV. The frjl part repealedy 1800, 62. And the faid county of Walhington (hall hefeaftet fend three
jurors to each fuperior court for the diftri£l of Edenton i and the county of Tyrrell ihall fend no more
than three jurors to the fuperior court aforefaid.
The reji private.
Afupplementary act to attacty entitled «< A" a^ for the dlvifibn of Wilkes and Tyrrell counties."
L TJ E it enabled by the General Afembly oftheflate of North- Carolina, and it is hereby enaSled by the authofi^-
J3 ty of the f army That the Commiflioners appointed by the before recited aft, or any two of them, with
thefurveyor of Tyrrell county, Ihall have full power to run the dividing line between the counties of
Tyrrell and Walhingtonj beginning at Bull Point, thence to run up the bay to the mouth of Deep creeK,
thence up faid creek to the Cyprefs bridge, thence a direft courfe to lake Phelps, where Mall creek in-
terfeds faid lake ; thence fouth fouth weft to Hyde county line j provided faid line fhaU not crofs the
road that leads from John Davenport's to the upper river bridge on Scuppemong river. And the faid
line when run, (hall be returned by the furveyor to the court of the counties of Tyrrell and Wa(hington,>
and fhall be entered by the Clerks tiaereof on record : which Surveyor and Clerks lliall be allowed a conv-
petent fum by the faid courts pf Tyrrell and Walhington for their fervices. ^
The reJi private-
An act to alter the tiame ofGlafgow cOUnty to that of Greene.
I E it enaSled ty the General AJimbly of the fate of North-Carolina y and it is hereby enacted by the aOthi-
^ rity of the fam^y That from and after the pafflng of this ad, the county of Glafgovv Ihall be cab-
led and known by the name of Oreei^ county. Provided alwaySyTh-aX. nothing herein contained fhall pre-
vent any officer, either civil or military, the Clerk of the court of faid county, or Juftices of the Peace,
fiom exercifing and enjoying their faid offices, and be entitled to all the privileges and immunities which,
they would be entitled to, if the name of the faid county of Glafgow had not been altered.
THE TITLES OF THEPRIVATE ACTS.
1709. U7
21 An a^ to provide public seals for the counties of Burke,
Ashe and Wsishington.
22 An aift to repeal part of an a£>, entitled, an a£> for improv-
ing the navigation of Roanoke river, from the town of
Halifax to a pointer placeVhich shall be one mile below
the pJace where the Virginia line intersects the same.
is An a& to amend an a£t, entitled, an act to improve the navi>
gation of Cape-Fear river, and of Deep and Haw rivers,
passed m one thousand seven hundred and nir.ety-six.
3S An a£t to incorporate ihe North-Carolina Medical Society.
40 An a<a to incorporate Jerusalem Lodge No. 35, in the county
of Carteret.
41 An aft to incorporate a society of persons, by the name of
Witliansborough Franklin Library Society.
42 An aiS to ihcor|)orate St. John's Lodge No. 4, of the town
of Kinston in this state.
43 An-aa authorizu^g the countycourtof Duplin to grant liber-
ty to such persons as they Shall think proper, to seU li-
quors and provisions on the court-house lot.
44 An i£i to amend several acts to make Cross-Creek navigable.
45 An act to empower the Wardens of the county of Edge-
cumbe to let out the floor of said county.
46 An afl to authorize the Wardens for the poor of the counties
of Wayne, Rowan and Duplin, to lay a further tax,
47 An aft makingcompensation to the county CDurt Jurors for
the county of Granville. *
48 An a.& to transcribe certain entries of land in Bladen county.
49 An ad granting to the inhabitants of the county of Halifax
the privilege of separate elections.
50 An act to repeal an ad passed in the year one thousand sc'
ven hundred and ninety-five, entitled, an act for appoint-
ing Commissioners to fix on a proper place in the county
of Wilkes, and to ereft thereon a court-house, prison
and stocks for the use of said county, and for other pur-
poses relative to said county of Wilkes.
51 An act to enable the Treasurer of public buildings, and Com-
nriissioners for building a prison for the distriift of Hills.'
borough and county of Orange, to finish the prise n in the
town of Hillsborough, to sell the old prison and Jailer's
house; and to empower the county court of Orange to-
levy taxes £or the purpose of completing the same.
52 An aift to empower the county court of Robeson to lay a
county tax for the purpose of repairing the public build-
ings in the said county.
53 An aft to emancipate certain persons therein named-
Si An afl '" repeal part of an aft, passed inthe year one thoU'
sand seven hundred and ninety seven, entitled, ah aA
making compensation to the county jurors of New-Han-'
over, Surry, Stokes, Buncombe, Orange, Cumberland,
Montgomery, IVilk-es, Sampson, Carteret, Burke, Rich.
mond and Randolph, so far as the same respefts the
cSounty of Carteret, and for other purposes relative to
said county.
55 ^n aft making compensation to the jurors of the county
court of Wake, and for other purposes.
56 Ati aft to empower the late Commissioners in the town of
Rockingham in Richmond county, to sell lot number se-
venty-
57 An aft vesting certain powers in the county court of Bun-
combe.
58 An aft to amend an afti entitled, an act to establish sepa-
rate eleftions in the county of Wilkes, and to establish
separate eleftions in the county of Ashe, and for other
purposes relative to said coimiies of Wilkes and Ashe.
59 An aft to authorize Alexander M'Call to dispose of land and
other property, by way of lottery, to laise the sum of
thiee thousand dollars.
60 An aft authorizing the county couits therein named, to ap-
point county Comptrollers,
61 An aft to divide the militia of Rutherford county into two re-
giments i aud to appoint Commissioners to fix on a place
to ereft a town and ware house for inspeftion of tobacco.
62 An aft to alter the name of Laurence Toole to that of Henry
Irwin Toole.
63 An aft to establish and confimi the name of James Child,
saddler, of the town of Hillsborough.
64 An aft to alter the names of Charles and Basil Moulsby, of
the county of Chatham, to that of Charles and Basil
Monley; aud the name of Willie Walker, of the county
of Halifax, to that of Willie Moic,
65 An aft to alter the name of John Bryan, of Johnston coua*
ty, to that of John Arthur Bryan.
66 An act to alter and confirm the names of, and legitimate cer-
tain persons therein mentioned.
67 An aft to alter the names of certain persons therein men-
tioned.
68 An aft to alter the names of certain persons therein men-
tioned.
69 An aft to alter the name of Green Carr to that of Green
Simmons, and to enable him to inherit in the same man^
ner as if born in wedlock.
?0- An aft to amend an aft, paesed in the year one thousand se-
ven hundred and ninety-five, entitled, an aft granting the
inhabitants of the second and third- regiments, of the
county of Rowan, the privilege of separate eleftions.
71 An ^ *^ amend an aft, passed in the year one thousand se-
ven hundred and ninety-eight, entuled an aft establishing
a separate eleftion on the south side of the Yadk'n river,
in the county of Surry ; and to establish two separate e-
leftions on the north side of the Yadkin river, in said
county.
72 An aft for altering the place of holding the court in Pasquo'
tank county.
73 An aft for the relief of Archibald Campbell,
74 An aft providing for the authentication of the official afts of
the Clerk of Burke county, subsequent to the destruftioa
of the public seal of said county by fire.
73 An aft to divide the militia of Burke county into three sepa--
rate battalions, and to establish three places in saiJ coun«'
ty for battalion musters and reviews.
75 An aft to establish a seminaJ7 of learning in the town of
Fayetteville, and to a-nend the law for the regulation of
the towns of FayetteviUe and Hillsborough.
77 An aft to establish an academy at or near the dwelling ofthe
Re-verend William Peasley, in the county of MOore.
7? An aft to establish a separate eleftion and general muster in-
the county of Anson,
79 An aft to amead part of the eighth seftionof an aft, passed at
Newbern, Oftober session, one thousand seven hundred
and eighty-four, entitled, an aft to empower the. county
courts of pleas and quarter-sessions ot the several coun-
ties within this state, to order the laying out public roads,
and to establish and settle ferries, and'to- appoint where
bridges shall be built, and to clear inland rivers and creeks,
so far as it relates to the counties of Caswell, Person and
Lincoln.
80 An aft for destroying crows and squirreU in' the counties of
Mecklenburg, Rowan and Iredell,
' 81 An aft to extend the liberties of the town of Halifax.
82 An aft to extend to the counties of Hyde and Warren, the
provis'ons of an aft passed in the year one thousand se-
ven hundrea and ninety six, entitled, an aft making com-
pentation to the o^'ners of outlawed and executed slaves
for the coitfities ot Bladen, Hftlifax, Grawviik, CuniM/'
148 T799.
land, Pcfquiman5, Beaufort antl Pirt.
83 An aa to authorize the Wardens of the Poor of the cc'tity
of Wake, to lay an add tional tax for the purpose of de-
fraying the exijence of ;he poor in said county-
84 An afl to authorize Marmaduke Kimbrough, of the county of
Surry, to coUeft the arrears of taxes due him in said coun-
ty for the J ear one thousand seven hundred and ninety-
eight.
85 AH aa to authorize Lemuel Doty, late Sheriff of Onslow, to
ctiUedl the arrearages of taxes due him in said county for
the years one thousand seven hundred and ninety-seven
and one thousand seven hundred ninety -eight.
86 An act to empower William Sasser. Isaac Williams, and
John Stephens, late Sheriffs of Johnston county ; Solo-
mon Alcock, late Sheriff of Currituck county ; Samuel
Speight, late Sheriff of the county of Glasgow; Thomas
Morris, late Sheriff of Iredell county ; Edward Hall, late
Sheriff of Perquimans county ; Thsmas Leonard, She-
riff of Brunswick county ; Edmund Hatch, late Sheriff
of the county of Jones; Lewis Wells, late Sheriff of
Nash county ; James Bowles and William Carson, late
Sheriffs of Rutherford county ; and the administrators
of Ananias Nelson, late Sheriff of Carteret county j and
John M'Gitnsey, of Burke county, to coUeftthe arrears of
taxes which may be due them respectively for the years
1796,--1797 and 1798.
87 An act to compel the Clerk of Anson county court to keep
his office m the town of Wadesborough.
88 An act to prevent the working or hauling more than one seine
at the same place, on the same day, in the Kiver Neuse
and Great Ootentnea creek.
89 An act to remove all obstructions to the passage of fish up
the Roaring river in the comity of Wilkes.
90 An act granting certain privileges to tlie inhabitants on the
easterly side cf Chowan river in the county of Chowan.
91 An an act to secure to Rachael Hare, wife of M^maduke
Hare, such estate as she may hereafter' acquire.
92 An act to secure to Marv Bowers, wife of Barnabas Bowers,
such estate as she rftay' hereafter acquire.
93 An act to secure to Sarah Davis, wife of Richai'd Child
Davis, such estate as she may hereafter acquire.
94 An act to secure w Catharine Dick, wife of Joseph Dick,
such property as she may have acquired since her hus-
bind left her, and such as she may hereaiter acquire.
95 An act to empower Richard Rankin, late Sheriff of the cquij.-
ty of Mecklenburg, to collect ihe arr£arages of taxes due
him for the years one thousand seven hundred and nme-
ty-six, one thousand seven hundred and ninety-seyeoj
and one thousand sev^n hundred and nuiety-eight.
96 AH act to enable Ephraim Elsbre, late ShcrLjl' of the county
of Hyde, for the year one thousand seven hundred ?nd
rine'v six ; and the administrators of Zachariah ."^pen.
cer, deceased, Sheriff for theye^r one thousand seven ^flld
ninety -seven, to collect the areears of taxes due them res-
pectively for said years.
97 An act to empower Arthur Weatherly, Sheriff of GuUford
county, to collect the arrears of taxes due. him in said
county for the years one thousand seven hundred and
ninety-seven, and one thousand seven hundred and nine-
ty-eight.
98 An act to reinstate John M'Lennon in the rights ftnd lirivi.
leges of a citizen.
99 An act to restore Zebedee Hassell to the rights and privi-
leges of a free citizen.
100 An act for the better regulation of the town of Washington,
101 An act to compel the clerk pf the court of pleas and qiiartei--
sessions in the county of Beaufort, to keep his office iti
the town of Washington.
103 An act to amend an act, entitled, an act to amend an act,
passed in the year one thousand sevea hu'-dred andn nety-
six, entitled, an act for laying off a town and inspection
of tobacco and other commodiiies, at.or near the conflu-
ence of Deep and Haw rivers ; also one other act, enti-
tled, an act for laying off and establishing a town and
inspection of tobacco and other commodiues, at or near
Tysor-'j mill, on Deep riyer in Chatham county, passed
in the year or.e thousand seveo hundred and ninety-seven.
103 An act directing in what manner hereafter a Magistrate of
Police shall bz elected for the town of Salisbury ; and to
direct the time for which Cocimi^ioners for the town of
Wilmington shall be elected.
104 An act to authorize Freeman Killingswotth to erect a mill-
dam iicr^s9 Neuse river, at his mill in the county of John-
ston.
105 An act t» amend an act, to carry into effect an actfor erect-
ing part of the counties of Halifax and Tj rrell into one
.distinct county, passed in the year one thousand seven
iiundred.and seventy -four.
106. An act to secure to Prisciila Hall, of Randolph county,
.wife of Levi Hall, such projjerty as she may hereafter
acquire by her own industry, legacy, or otherwise.
107 An act to secure to Frances Smelly, wife of John Smelly,
such estate as she may hereafter acquire.
108 An act.to secure to Nancy Powell, of Johnston county, wife
of Nathan Powell, such estate as siie may hereafter ac-
quire.
109 An act to secure to Jenny Jarrett Thomas, wife of Charles
Thomas, such property and estate as she may hereafter
acquire.
IJO An act to restore to credit John Slinkard of the county of
Lincoln-
111 An act to authorize and empower the county Trtasurer of
Robeson county to let out the Jailer's apartment .of the
jail in said county,
112 An act to amend an act, entitled, an act for establishing a
town on the land of William Gray, on Cashie nver.
113 An act to empower the county court of Mecklenuurgh to
lay a tax annually for the pavnieut uf its Jurors.
114 An act to establish a town on the lands of John Speed, in
in the county of Richmond.
115 ^n act to establish a town at oe near Allen's ferry, on Pe*
dee river, in t^e county of Montgomery.
Bead three times, and ratified in General Assembly, the 23d day pf December, f^aruf pom. 1799.
BENJAMIN SMITH, S. S.
MUSSENDINE MATTHEWS, S. H. f,
1800. H'9
^t a GENERAL ASSEMBLY, begun a-nd held at Raljsigh,, oxa the se- EevjAmv
venteenth Day of November, in the Year of our Lord One Thousand Esq,''Govern«y,
light Hundred, aivi in the twentj-fifth year of the Independence of the
^^aid btate.
^^^ a^ mre fully tofecure to this State its due and proper Weight in the ElecHon offi Prejfdent and VicefPre. chap. 1.
' ' " ftdent oj the United States. REPEALER, 1803, 5.
An aB to^anthorife and empoiver Chrijlian Jetinetty the guardian and ns^t friend of William Jennett^ Mary chap. 2.
Jennett, Jabez Jennett, and AquilUi Jemiett, of the County of -Curritucfiy infants under the .age oJ twenty^
one years ) to fell and convey to the United States of America, four acres of land at the Head Land of Cape
Hatterasypart oj the Ejlate in common of them the f aid William^ Mary, Jabcz ar.d yiquilla, and to vejl in
the United States an abfolute and indefeafible ejlate infeefimple therern.
WHEREAS the General Aflembly oifthis State, by an a£t: pafled in their fefTion at ^cwbern, in Ju- Ante, jj, 52j'
lyjoriethoufand ieven hundred and ninety-four, erttitlcjd « An at^: to cede ,to the UKited"States '
(Of America certain lands upon th.e conditions therein rnentioned, '* reciting among other things, " that
whereas the Gongrefs of. the United States have paffed an a£l to ere£i a light -houfe on the Head Land of
-Cape Hatteras, and that whereas it is expedient that the United States (hould have the exclufive jurifdic*
" tion (together.with other places therein mentioned) of a fufficient quantity of land^ on which faid light- ,
houfe Ihall be ere^ed, " did enaftj under the conditio^is and reftriftions therein exprefled, *< that the ex-
,clufive jurifdidlion, among other places therein mentioned, of four acres of land at the Head Land of Cape
.Hatteras,,{hall be ceded and ftandvefted in the United States, as foqn as the proprietors of the faid lands
Jhall convey the fame to the United States ; " and in their feffion at Raleigh, in November, one thoufand
/even hundred and ninety-feven, under the conditions therein exprefied, did revive and continue in force
lb mucLof thg before recited a6l as cedes, amon^ other places, fbl^r ac^es of latid at the Head Land of
.C^pe Hatteras. ~ ' ■■
And whereas it is reprefented to this General Aflembly, that the four acres of land at the Head Land
of Cape Hatceras affording the mod eligible fcite for a light-houfe, are in the fei>fin and pofleflion, as te-
nants in common in fee, of William Jennett, Mary Jennett, Jabez Jennett, and AqiAlla Jennett, all of the
j county of Currituck, infants under the age of twenty-one years, .to whom Chriftian Jennett, their mother,
j hath been duly appointed guardian; .that the United States are grilling to purchafe the faid four acres of
I .land, and have offered for the fame a fair and full price, to wit, at the rate of twelve and an half dollars
per acre, amounting to fifty dollars ; and that the faid William, Mary, Jabez and AquiUa, who though
iipt pf ifuU agp, have fufRciant judgment and difcretion to eftimate the value of this part of their property,
! ate defirous, pf their own free will and accord, and are further adyifed by their mother and guardian a-
/orefaid, and others their relations and friends, to accept the Kberal offer of the United States, and for that
|)urpofe have aftually laid off by metes and bounds the four acres of land fele^Sed by their agent.
.^nd wliereas alfo it is highly important to the .commercial interefts of the United States of America,
that a light- houfe ihould be eredled on the moft eligible fcite at the faid Head Land pf Cape Hatteras as
fpeedily as poflible.
L Be if enacted by the General Affemhly of tjje fate of North-Carolina^ and it is hereby enacted by the autho- Certain perSftna
rity of the fame, That the faid William Jennett, Mary Jennett, Jabez Jennett, and Aquilla Jennett, be and frnpovvp ,-) -
they are hereby svuthpiifed, and fully empowered to fell and convey to the United Siates of America, four '' ''
acres of land, fit^ate, lying and being at or near the Head Land of Cape Hatteras, in the "f^vrt" f ' ^
rituck, beginning at a cedar ppft at John Wallace and John Gray Blount s line, runnmg thciiee T u'
pples and four fifths of a pole to a cedar poft at the corner of Wallace and Blount's line, t^tiv
p')^^mg on fti4^1iQe» fifty, poles, tp acedar |)oft at the corner , of Wallace and Blount';, and The
O o
iiited States..
.150 IflOO, row's lands, thence Weft, binding on Farrow's line, twelve poles and four-fifths of a pole to a cedar pofli;
v-*''v**J thence a direfV courfe to the firft ftation ; and to doj make, execute and fufFer all and every fuch aft and
LfitKi lobe sr. a£l:s as fiiall or may beadvifed or devifed to afliire and s'ecure to the faid United States, an abfolute and-
cuini lotheU' indefeafible eftate in fee fimpleof, in and to tlie faid four acreS of landaibove defcribed, with the premifes
and all and angular the appurtenances to the fame" belongmgj orm any wife appertammg ; and that the
faid aft and at^^^them the faid William, Maryi Jixbez and A'quilla, (hall be aS effeftual in law to con-
clude them, their heirs and affigns forever thereafter ; and the eftate by them conveyed to the United
States, (hall be and enure to their ufe, benefit and behoof-,' and they* the faid William, Mary, Jabez, and
Aquilla, (hall be as efFeftually bound by any covenarit or covenants they (hall or may make and enter
into with the faid United States, touching and concerning the premifes, as if they, had an ived to full age,'
any law, ufage orcuftom to thecontiary notwithitanding.
chap; 3.
Ante, p. 116.
Gtanib to issue
on entries not
exceeding 400
acres, paid in
1794,
CHA-P. 4.
One year for
collciling al-
lowed.
Not to alter the
law. for tic-
counting.
yin aB to authorife the Secretary of State to ijfue Grants in certain cafes.-
E it enacted by the General AJpmbly of the fate of North-Carolitia, and it is hereby enacted by the au-~
thority of the fame ^ That from and after the rtitification of this aft, the Secretary of State (hall be
and he is hereby authorifed to iiTue grants on- ail entries of lands not exceeding four hundred acres made
in the year one thoufand feven htindred and ninety- four, to the perfons entitled thereto, if the words,
matters and things relative to ihe fame,.lhall appear to be juft and fair, and {hall agree with the tranfcriptr'
of the books lodged in his ofike j.- any law;. ufage or cuftom to contrary notwithftanding.
An a£i limiting the lime for Sheriffs- to cbtnpiete the ColteBion of Public Taxes'.-
I. "TYE it enacted by the General AJJembly cf the Jlate of NoHh-CarolinaiThzX. for the year one thoufand
\y eight hundred, and for every year-in futute, the feVetal Sheriffs in thii State (hall have one year, •
from the day prefcribed bj law for the fettlement of their public accounts, to finifti the colleftion of the ■
ta'xes they are bound by law to account for ;-any la Wj ufage or cuftom to the contrary notwithftanding. •
Providtd always I) and it is hereby enaBed, 'Vhit nothing in this aft contained fiiall extend or be conftrued to'
alter the law now in force direfting the mamier and time of Sheriffs' accounting with the Comptroller
and Treafurer. ,
IL 5f»V/«r^Afr«;«i?ff/, That' this aft Ihall -bat' the OcJleft ion of any'talteS after the expiration of the time
aforefaid.
CHAP. 5.
An aBto repeal fo much of the fevered taV}rnvtJa in force in this State^ as grants power t*r the Trufiees of the'
Univerfity of Northf-Carolinaytofeize and pojefsfor the ufe of the faid .Univerfity, any efcheated or conffcated'
property.
Former aas re- T TX^ it enacted by the General' AJJemhlj of the ff ate of T^ortJ?-Carolina, and it is hereby enacted by the autho-'
X3 rity of the famey'Yh.TA. from and after the pafTing of this aft, all afts or claufes of afts, which have '
heretofore granted power to the Truftees of the Uhiverfity of North-Carolina to feizo and poflcfs any ef-
cheated or confifcated propertyj real or perfonal, fliall be, and the fame is hereby repealed and made
void^
11. AndVeitfurthe*-ertaBidi That all efcheated or coftfifcated property which the faid Truftees, their
A"gents or Attornies, have not legally fold, by virtue oF the faid laws, fhall from' hence revert to the State, •
and hencefbrth be confidered a&- the property of the fame, as though fuch laws had never been paf-
fed.
1789,21.
Ante, p. 54
pealed.
Properly tore,
vert to the
State.
CHAP. e. An aBM amend thethird fe^iori (f anaSiyentitledy " An aft to anieiid the Revenue La»rs,.as refpefts therj
Land tax."' I
WHEREAS when perfons purchafe lands under the above recited aft, it becomes neceflary they' ]
fhould prefent to the Sheriff a fair plat of the land they make- choice of under fuch purchafb|j
within ninety days from the time of purchafing the fame :
I. Be it therefore enaBed by the General Ajfemhly of the fate of North*-Carolinay and it is hereby ehdBedi
Sheriff on ft;. '^^ authority oj thefame. That in cafe of purcliafes of land under the faid aft, the purchafer fliall, witli3
lure the land to three months after the pafring,of this aft, or after fuch purchafer' .prefent to the Sheriff, or perfori antM
be deemed va- jifed to make fuch title, a fair plat of the land they make choice of undef fuch purchafe ; and on faifir
*''*"'• thereof, the faid land fo purchafed, fliall be deefntd lapfed' or vacant land, aird to have ' reverted to d
State, and liable to be re-entered in the. Entry-taker's office, as-if the fame had never been appropriate*]
Ante, {. 115.
> plot to be pre
sented to the
Jn a^ iS dmend the feveral atts of Ajffeml^ now inforee in this Staieituith rej^id to the entering and obtaining I8OO1 151
Titles for Lands. v.*r\-*Nj
I.- "fT| E it enaetedhy the General Ajfetnhly ofthejiate of North-Carolina, and it is hereby enacted by the author- chap. T.
J3 % of the fame. That all perfons who have made entries of lands fince the firft day of January, '"^^j?^'^''"]^*
ilie year one thoufand feven hundred and ninety- nine, {hall have until the day previous to the meeting oi '^^^^^^^ ^^^^
the next annual General Aflembly,. to pay the purchafe-money for the fame to the State ; and until the next Assembly,
faid day previous to the meeting of the next annual General Aflembly aforefaid, no entry of land entered the entiy not
fmce the aforefaid firft day of January,,one thoufand feven hundred and'ninety-ninejfhallbe held or deem-^'^^^"™^" lapsed,
ed a lapfed entry.
II. Jndbe it further enacted. That this aafhall be valid, atid in force from" and immediately after the
fatification thereof •, anything in the a£l: declaring, the time at which afts of the Geneii^ Affembly fhall
be in force, to the contrary notwithftanding,
Jn act to'raife^ a Revenue for the payment of the Ci>uH Li/i and, Contingent Charges of the GovernmenP for the CK^^' &•
yoar one thoufand eight hundred and one.
I. TJ E it therefore enaBed by the General Affembly of the fate of North-Carolina, and it is' here enacttd by th» Taxes for 1801;
j3 authority of the fame. That for the year one thoufand eight hundred and one, a tax of eight-pence on ev-
ery hundred acres of land within this State,, a tax of two (hillings on every hundred pounds value of town
lots with their improvements, and a tax of two ftiillings on every poll, fhall be levied, colledled and ac-
counted, for, in the fame ihanner as directed by the. feveral a£i;s of Affembly in fuch- cafe made and pro-
vided.
II. Jndbe it further enacted, "that a ta* on all ftud-hftrises within this State, of the full fum which the ^'"'^^'''fsea
owner or keeper of fuch ftud-horfe fhall afk and receive for the feafon of one mare, fhall be levied, col-
leifted and accounted for, in the- fame manner as fuch taxes have been heretofore levied, collected and ac-
counted fori-
III. And be zV/ar/Afy'ewac/^fii', That no Sinking Fund tax fhall be colleded for the yeaif one thoufand No Sinking
eight hundred and one. , Fund tax.
IV. Arid'b€-itfurthirenat:ted,1\v!A2L\\ free males, between the ages of twenty-one and fifty years, Free males and
arid all flakes, between the ages of twelve and fifty years,, fhall be fubje£l to pay a poU-taXi slaves subjea
Ayt act directing; the manver of granting Injundtiovs. Chap. 9.
WHEREAS injuniSiong are frequently applied for, for the mere purpofe of delay, and the facility of
obtaining them fometimes enables debtors to defeat creditors of their juft claims : For remedy 1732, n.
whereof,
I. Be it enaEled by the General Affembly of the flate of North-Carolina, and it is hereby ertactfdby the authori- Oath and bond
ty of the fame. That no injundion, commanding the flay of an execution obtained m any Court of this^^ j^'^yg^-'"" '*
State, except oh judgments in aftions of detinue, fhall be granted by the Judges, or any of th&m, for any
Other or greater fum than what the complainant or complainants fhall on oath declare to be jufl, and not
Until faid complainant or complainants fhall enter into bond, with fufficient feeurities, before the Mafler
of the Court of Equity whence the injun£liori iilues, for the payment into Court of the fum- complained
of, and all cofls upon the difTolUtion of the injunfiion.
And be It furtlier enacted ,"Wi3.\. no injunflion to flay an cfxecution fhall ifTue but within four months ^°.'"j""^^°'»
after the judgment at law isobtamed, unlefs it fhall appear from the oath of the complainant or complain- withinVow
ants to the Judge before whom application is made for an injun£lion, that faid application has been delayed momhs;
in confequence qi the fraud or falfe promifes of the plaintiff at law, pra<£tifed or made at the time of of
after obtaining judgment, or unlefs it fhall appear on oath that the faid complainant or complainants was
Or were out of the Mate at the time of entering up judgment, fo that application could not be made with
la the time aforefaid; -
Ah act to amend the third feElion of an aB, entitled " An zEi for the prevention of Vice and Immorality, chap. 10.
by fupprefTihg excefTive Gaming."
I- T> E a enaBed by the Geniral jffembly of the fate of North-Carolina, That from and after the pafTmg of this fog ^' P '^^'
1#" a£l:, it fhall be the fjpecial duty of Sheriffs of each county in this ftate, to fue for, and recover, in Duty of She^
thername of tlio Governor for the time being, the penalty fet forth in the faii third fe^on, from any riffs to sue.
152 1800. perfon who may fuffer any of the games therein mentioned to be played in his or her houfe : for wKicU
•lervices the Sheriff fo fuing and recovering, fhall be allowed twenty per centum : And every SherifF,
who fliall fail or negleft, after infoimation to him made, or Ihall, after the fame may comedo his know-
ledge, fail to fue for and perform the duties by this aft required, fliall forfeit and pay twenty-five pounds,
to be recovered before any Court having jurifdiftion thereof, to the ufe of the perfon fuhig for the fame
and pay the colts of profecution ; any law, ufage or cuftom to the contrary notwithftanding.
CHAP. 11.
Ante, p, 77,
aA to continue
in force two
years longer,
CHAP. 12.
Two years lon-
ger allowed for
registering
grants.
Ante p. 126.
1802, 20.
1803, 21.
Deeds not yet
proved, allow-
ed the like pe-
riod.
jin a^ to revive and continue in force. an aSi, pajjed at Raleigh^ in the year 1795, eatitkd ,« An a<^ giving fur-
ther time for the regiftration of certain deeds iflued from Lord Granville's ofhce."
WHEREAS many of the good people within this ftate have not availed themfelves of the benefits
of the faid recited a£l : And whereas it would be but jufl and rigj[it ^that jthe perfons holding
lands under fuch deeds, fliould have the privilege of perpetuatyig the fame : ' ' ? i t
I. Be it enaBed by the General AJfembly of the Jiate of North-Carolinay and it is hereby enaHed by the au-
thority of the fame y That from and after the pafling of this a£t the faid recited a£t fhall be and continue i^
full force and operation for two years hereafter, any thing in the before recited a^ to the contrary np^
witftanding. ■ " .. -
An act giving further time for the regifiering grants and proving deeds and mefne conveyances ^ which have not-
been proved and regijlered ivithin the time heretofore appointed by law.
I. "Wy E it enacted by the General Assembly hftheflate oj North-Carolina^ and it is hereby enacted by the author i-,
Jl3 0' ofth^f^f^i That all grants for lands, which have not been regiftered within the time heretofore
appointed by law, fhall and may, within two years after the pafTmg of this aft, be admitted to regiftra-
tion, and fhall be as good and valid as ijf they had been regilliered within the time heretofore allowed bv
law. . ' '
II, An4 be it further enacted by the authority aforefaid, That all deeds and mefne conveyances of lands,
tenements and hereditaments, not already proved or acknowledged and regiftered, fhall and may within
two years after the pafTing of this aft, be acknowledged by the grantor or grantors, his or their agents or
attornies, or be proved agreeably to die laws heretofore iit force ; or being' fo acknowledged or proved,
be delivered, for regiftration, to the Regifters of the coynties where fuch lands, tenements and heredi,.
laments are refpedively fituated ; and all deeds and mefne conveyances whatfoever which (hall be ac-
knowledged or proved and regiftered'according to the direction of this aft, fhall be good and vahd, and
take effedl as fully to the ufe and benefit of the grantees, their heirs or afHgns, refpfediyely, as if fuch
deeds and mefne conveyances had been acknowled|;ed, proved and regiftered agreeably to the .^keftionp
of any law? heretofore made. ' ' ' ' ' v ' • ■
CHAP. 1 3. An act to compel certain perfons to defcribe and make known the bounds and limits of their lands.
HEREAS it is reprefcnted to this General :- flembly, that certain perfons having entered large
quantities of land, and taken out grants for the fame ; or having purchafed the large tradls, lo
ent(»red, have only returned a fmall part of fuch lands, aiid permitted the relidue to be fold for the taxes,
and purchafed in for the State, and have not defcribed or trtade known the fituation or hounds of the
nart retained and returned as taxable property, or have conveyed the whole of faid lands by deed or dee(l$,
referving therein a certain number of acres to be laid off out of faid quanrity in fuch places a,s the perfon
fo conveying fhould think proper ; and fKe perfori to whom fuch conveyances are made have fufFered the
lands to be fold for the taxes, and purchafed in for the State a$ aforefaid : And whereas it is alfo repre-
fented to this General Affembly that whertever any perton entering any part of the land purchafed in as
aforefaid, attempts to ftirvey the fame, the perfon or perfons claiming under fuch'referyation or referva-
tions, or by reafon of their holding 3 part of the la»ds ongi^ially entered by and gr,.nted to them, pre-
vent faid furvey by making claim to the particular p^rt fo attempted to be furveyed, whereby the citizens
of this State are precluded from appropriating any part of the lands purchafed in for the State as aforefaid ,-
For remedy whereof, ' " ' ' • - * , . • • •,
I. Be it enacted by the General Affembly of the Jlate of North-Carolinat and it is hereby enacted by the autho-
,io rityoftbef^mei That all perfons' claiming lands entered fiiice the year one tlioufand feven hundred and
ninety-two', the bounds whereof are not defcribed or known, fhall within fix months after the pafTing of
of' this aft, defcribe, furvey and make knOwn the fituation, bounds>nd limits of tlie feveral trafts fo claimed,
and fhall caufe a fair plat of the lands contained ia eacU an4 ever^ county (;p be made and recorded ^
Persons claim-
ing lands enter-
ed since '92, to '"(0' 1
describe the
bounds tberei
the office of the Regifter of each and every county ^herein thefaid lands, or any, part thereof, are fitu- 1800. 153
9tei. . , u^-v^j
jr. And be it further enabled. That in cafe lands fhall not be furveyed ty any lawful orfjcer, and the Plats to bs
.bounds thereof not made known by correct and fair plats, recorded in the Regifter's office as aforefaid, de- 'JJ^^^'^^V
fcribingthefituation and limits, of each and every tra£b, where it fhall be furveyed in different tradls, bounds of land
within the period aforefaid, the fame, iind every part thereof not defcribed, furveyed and made known, are not so mad:
-ihall be held and, deemed, lands belonging to the State, and fubjeft to be entered by and granted to the l^'""^^^'^^^*"^
citizens thereof, in tlie fame manner, and under the. fame rules and regulations, as the unappropriated ^tate land.
iJands of tliis ftate are liable to be entered and granted.
III. And be it further enabled. hyJhe authority ^orefxiidi "^h-sXth-e Regifter, for recording each ap.d every Register's fe<.
plat as by this aft required, ^.all be allov/ed , two fliillings for his fervices.
An aS to amend an aB^ entitled « An aft to perfeft'the titles of the Officers and Soldiers of the Continen- chap, 14,
•tal Line of this State, and of claimants under entries madein the office of John Armftrong," paffed tali
fejfion of Apmbly. .... Ante p. 135.
\"WTHEREAS it is reprefented to, diis General Aflembly, that fome inconveniences h^ve wfen un-
\^ y der faid aft : For remedy whereof,
• 'I. Be it enacted by the General Ajfembly of the Jiate -of North-Carolina, and it is hereby enacted . by the authority 2d st&ion of
,^f the fame^ That the fecond feftion of the above recited aft be, and the fame is hereby repealed and ^g™^'"*'^ '^^
made void ; and in future, when any military land warrant that hath been transferred, (hall be returned ^^* ^ '
to the Secretary's Office, with the plats of furv-ey, for the purpofe of obtaining a grant or grants, it fhall
; be the duty of the Secretary to note pn the back of faid warrant, the day when returned into his office, Secretar>- to
>ndi.mmediatelyadvertife the famein the- State Gazette for three month§, defignating in the advertife- "°'« ontJ'ais.
_ment, the number of the warrant, the quantity of acres, to whom granted, by whom affigned, and for w'rrramTto'be
'whom furveyed ; andif no perfon fhould come forward, by himfelf, his heir, agent or attorney, and advertised.
claim fuch warrant within fix months after the fame (hall be filed in the Secretary's Office, then and in
fuch cafe, the Secretary fhall proceed to make out a grant, or grants, upon the returns made upon fuch
warrants : Provided, that it ftiall not be lawful for a grant to ifliie upon the returns of any warrant, un- If warrant not
lefs the name of fuch perfon-to whom. the warrant was granted, fliall appear on the mufter-roU lodged, in f^^^^^'^F^'^l
the Secretary's Office, or hath been iffued by the Secretary under fome fpecial refolution of the General thereon.
. Affembly, or Ihall, by thereporc of Jefle Franklin, John M. Binford, andBrittain Saunders, Commiffion- Name of gran-
ejslappointed in the year one thoufand feven hundred and ninety-two, appear to be juft. tee must be on
■■ JI. And be it further enacted. That where the Secretary of State ffiall, on ejAmination, find a warrant iiiegd^war."^" *
.onot to be legal, agreeable to the direftion&of this aft, he fliall note the fame on the warrant ; and in rants how to be
cafe the original claimant, or affignee of fuch warrant, fhall produce a certificate of fome one of the Of- ^^^^^ ^"t»-
ficers of the late North-Carolinaiiine, who hath not been.reported againft for. any unfair ©r unjuft trans-
aftion in drawing military land warrants, or granting falfe certificates for that purpofe, fetting forth that 1783, 3. ,
the faid perfon did aftually ferve in the late war, and is entitled to a compenfation of land, agreeably to
an aft of Aflembly, entitled « An aft to amend an aft, entitled an aft for the.relief of the Officers and Proofs to be
.Soldiers of the Continental Line, and for other purpofes," paffed at Hillfborough, in the year one thou- *^^^""'*°^^*'y'
.fand feven hundred and eighty-three;, accompanied with the proof of two creditable witneflTes of the coun- f^r, '
ty where fuch perfon refided in the time of the late >var, taken in open court of the faid county, and cer-
tified by the Clerk thereof, with the county feal thereunto annexed, fetting forth that they knew the per-
fon to whom fuch warrant was granted, and that he aftually did ferve in the late North-Carolina Continen-
tal Line, and ftating alfo any and what particulars they knew concerning faid perfon; and in cafe the
faid warrant has been transferred, once or oftener, proof ffiall be made of the fairnefs of each transfer, by
the oath of one credible witnefs at the leaft, taken in open, court as aforefaid and certified accordingly:
Then and in fuch cafe, the fecretary ffiall iffiie a grantor grants thereon, after the fame hath been duly
advertifed agreeably to the direftiqns of thisaft. 4«'^/"'<''V''^^'^.that if .fuch proof is not made, and lodged If proof net
with the Secretary ^within twelve months after the faid warrants and plats of furvey are returned to his iwa<le, warrants
office, the faid warrants and returns ffiall be null and void, and the land fo located and furveyed, ffiall bevoid!'"^ **
lapfe, and may thereafter be located again by any other perfon, upon a warrant that (hall be legal agree- ,
able to this aft, and a title thereupon obtained.
Pp
154 J 800.
If not sufficient
land where a
w arrant is first
located, the de-
i.c'ency to be
bad in some o-
♦her place.
Plats to be de-
signaled.
Warrants cf
1000 acres may
be located in
hke manner.
Warrants on
entries made in
J. Armstrong's
office, to be lo.
cated in same
manner.
CHAP. 15.
Ill- And he kfuttfyer enaBed^ That when there cannot be found land fufEcienf' to fatisfy any wamrttl'
of fix hundred and forty acres, and from tHat quantity upwards to one thoufand acres, where fuch war-
rant may be firftloCated, it fliall be lawful f<Jf the deficiency of fuch warrant to be located and fur'-eyed in
fome other place, and in fuch cafe, two^ grants" may iiTue on the fame warrant ; and it (hall be the duty
of the Surveyor, in-making out his plats and' returrtirig^ the' fame, particularly to defignate and return
thereon the number of fuch warrant, a-^d the quitrftity of acred therein contained ; and both grants fhall
be made out in the name of the perfon to whom fuch warrant iflued, his heir or affignee, and not in the'
name of two or more perfons ; and warrants upwards of one thoufand acres may, in like manner, be lo-"
cated and furveyed in three feveral places, obferving the fame rules as are prelCribed antl directed, in war-
rants of fix hundred and forty acres to one thoufand acres.-'
IV. Repealed^ 1801, 15.
V. And be it further ena£le(t. That entries^ heretofore made in John Armftrong's Office, whereon war*'
rants have iflued, may be located and furveyed, in- the fame manner as is by this aft direfted concerning^
military lands, where there (hall not be found fufficieiit vacant lands to fatisfy the quantity of acres con-
tained in fuch warrant, in one place : ProwWeJ that it fhall be made appear that the purchafe or entry-'
money fhall have been fully paid:
An aB tt) amend andfupply the deficiency of an aSl pajfed at lafifejfioh of Ajemblyj intitledt •" An aft for the^
relief of the non-commifTioned Officers and Soldiers of the Continental Line and the Militia of this ^
Ante, p. 13P. State, who have been difabled in the fervice of the tJhited States," during the lat6 war, and who are '
not placed on the Penfion Lift of the Unitfed States, and are barred by the aft of limitation." , 1
1801, 22. "W THEP1EAS it is reprefented to this General A^fTembly, that fome of the" perfons who come within '
W the defcription and meaning of the above recited aft, have, fronl want of a due knowledge thereof, ^
failed to make application for the purpofe of being put on the PenfitJn Lift, as therein prefcribed : For*;
remedy whereof,
eertificates L Be it enaSied by the General AJfembly of the fate of North-Cafolindy arid it is hereby enalled by the authori-'
^°\LT ^ '^^ *y f^^^fi"^^* That all fuch perfons as are or would have been entitled to be piit on the Penfion Lift of^
this State, had they condufted themfelves conformable to the dirfeftions of thiefaid aft, upon application^
to any of the Judges of the Superior Cburts, and obtaining fuch certificate ias in and by the faid aft is di--'
lefted and required, fhall be entitled to receive the fame allowance as he would have been entitled to re- "
ceive^ hadhe fo applied and obtained fuch certificate at any time before the prefent feflfion of AfTembly. -'
An aElto amend an aB, entitled, « An aft to direft the itlod'e of coriduftthg' di'fpiited Eleftions in this'
State, and to direft the mode of prefenting petitions to the General AfTembly, in certain cafes," pajfed-
at Raleigh, in the year one thoufand /even hundred and ninety fit.
HEfiEAS, by the before recited aft, witnefTes on behalf of the parties who intend difputing my'
Eleftion for members of the General AfTembly, cannot be compelled to appear before any Juf-:
tice of the Peace, or other perfons lawfully appointed to take depofitions, by reafon of no penalty being >
affixed thereto :, For remedy whereof,. , "
_ _ I. Be i^nacted by the General Afemhly of tlie f'ati of Jfforth-Carolina, ahd it it hereby enaBed by the'
sons not attend- authority of the fame. That fronri and after the paffing of this aft, if any perfon, being legally fummoned by
ingtogiveTes- any lawful officer, by fubpcena ifTued by a Juftice dFthe Peace, or any other perfOn authorifed by law to
tunony. j^j^j^g depofitionsy. to appear before them, or either of them, to give teftimony on behalf of either of the par- '
ties difputing fuch el^ion,, he or they failing to attend, agreeable to the faid fubpcena, arid givetteftimony
as aforefaid, fhall forfeit and pay the party grieved, the fum of twenty pourtdsi' to be tecovered by aft ion
of debt before any jurifdiftion having cognizance thereof : Provided, nothing herein contained, fhall he
conftrued to extend to the compelling any fuch witnefs to anfwer any qutftion tending, direft ly or indi-
reftly, to difcover the perfon for whom lie voted, or todifcover his difqualrfications as an eleftor.-
Allowance to H* -^'"d be itptrther enaBid,, That any perfon being fo fummoned, and appears and gives teftimony as
witn.sies. aforefaid, fhall be entitled to receive from the perfon at whofe inftance he was fummoned, the fum of fix-
pence for every mile travelling to and front the faid place, and his ferriages, to be recovered before any
Juftice of the Peace in faid county;
tained
CHAP. 16.
Ante, p. 97.
w
Penalty on per-
An aB bttter to afcertairi hona nuitmjjes attending in behalf of the Stale, in certain cafesjhall be paid. J 800. 155
"W y HEREAS the prefent provifion made for witnefles attending in behalf of the State is uncertain ; u.'-vsj
W and whereas much injury is like to accrue to the State>by being chargeable with the payment of chap. 17.
unneceflaiy witnefles : To remedy which. Ante, p. lor.
I. Be it enacted by the General Ajfembly ofthejlate of North'Carolina, and it is hereby enacted by the authority Witnesses for
of the fame ^ That from and after the pafTing of this adi, all witnefles who fhall be lummoned or recognized '^^ ^'^t^ to be
to appear on behalf of the State in any pvofecution now depending, or to depend, in any of the Superior ^""^^'^ ^^^ .
Courts of Law, and Coiwts of Pleas and Quarter- Seflions, and fhall attend accordingly, fhall be allowed vil suits.'
the fame pay for their daily attendance and milage as is allowed to witnefles attending in civil fuits, and 1783, u.
fuch fees for attendance, fhall be paid by the defendant, upon convi£lion only j and if the defendant be ^^02, 14.
acquitted on any charge of any inferior nature, the Court may, at their difcretion, order the profeputor to
pay the cofts, if fuch profecution fliaU appear to have been frivolous or malicious, but if the court fliall be
of opinion that fuch profecution was not either frivolous or malicious, and a greater number of witnefles ^°^ P*'^
have been fummoned by fuch profecutor than were, in the opinion of fuch Court, neceflary to fupport tlie
charge, they may notwithftanding. order the profecutor to pay the attendance of fuch unnefleA'ary witnef-
fes, if it fhall appear that they were fummoned at his fpecial inftanee and requefl.
II. And be it further enaBed by the authority aforefaid^ That in all cafes, where the defendant, upon con- where th d
virion, fhall be unable to pay tlie cofts, and in thofe cafes where, being acquitted, the Court fhall not think fendant is not*
fit to order the profecutor to pay the cofts, it fhall be the duty of the courts refped^vely to afcertain, by ^'^'^ " P^x
an entry to be made of record, what witnefTes are to be paid by the State, vvho fhall be paid in manner t°^'*' "^^ ^^^^
herein aftet direfted.
III. And be it further ehaBedby the authority cforefaidy That in all cafes where an indidlment for any Ca-es where
dffence of a capital nature fhall be preferred in any of the Superior Courts of Law within this State, and the defendanv
the fame fhall be found by the Grand- Jury to be a true billy and the defendant on the trial of tjie ifl'ue of '^ '^°' *° P^/
ttaverfe fhall be acquitted, he fhall not be liable to pay the witnefles for their attendance in behalf of the '^°'^^'
State, but the fame fhall be paid in mariner herein after dire<fted.
IV. And be it further enahed by the' authority aforefaid. That it fhall be the duty of the feveral Superior «rh
Courts of Law and Courts of Pleas and Quarter-Seffions within this State, before whom a trial for a cri- State pays cost."?
itiinal offence fhall be had, in which the State fhall or may become liable to pay the witneFes for their at. the courtetoba
tendance, and the faid CouVtsate hereby required to enter the names of fuch witnefles, with the amount '*'^"'^'
of their allowance on record, a certificate of which made by the Clerk of the Court in which the profecu-
tion has beein had and detefliiined, and under the feal of his office, fliall be filed with the Comptroller,
who, after entering fuch claim in a book by him to be kept for that purpofe, fhall ilTue a warrant on the
Treafurer for the amount thereof, who is hereby directed to pay ofF and difdiarge the fame, and fhall be
allowed therefor in the fettleraent of his pubHcaccountsi;
v.- And be it further enaBed bf the authority aforefcudt That no claim authonfed by this aft, in cafes where what is to be
the defendant is liable", but is unable to pay the cofts, fhall be allowed until the defendant fhall be difchar- done where thW
ged by a£l of infolvencyi or until an execution fhall have! ifTued againfl the eftate or the body of fuch de- defendant is
fendant, and a return thereon by the SheriflF of the proper County, that he has rlo property to fatisfy the "o^ts.^ " ^*^
fame!, or that he is not' to be foundi a copy, of which mufn, certified \yf the Clerk, iiall accompany the
certificate of allowance as aforefaid ; neither fhall any claims under* this a£l: be difcharged by the Trea-
furer after the expiration of two years from the time that' the fame fhall have been afcertained and al^^
lowed.-
VI. Arid be it further enaBed by the authority afore faidy't'hzt all a£l sand patts of a£ts that come within Former •ftsr*.
the meaning arid purviarw of this a£l, arie hereby repealed^ pealed.
An aB to emend an aB paffed at Fayettevilte in the year one thoufaridfeven hundred' and ninety-three^ entitled " An CH *P. J 8.
aft direfting the manner of proceeding againfl: the feveral Officers therein mentioned."
WHEREAS the above recited aft has been found inlufficierit to anfwer all the good purpofes intend- Ante, p. 41,
ed thereby : For remedy thereof,^ -
1. Be it enaBsd by. the General Affembly of the fate of North-Carolina, and it is hereby enaBed hy the authori- Sheriffs, eon-
iy of the fame. That frorii and after the ratification of this aft, when any Sheriff", Conftable or Clerk, of any 0X5^^0"^ to
court within this State, fhall, by virtue of his office, receive any. fum or fums of money for or on account be dealt with
of any perfon or perfons whatfoever, and fhall not on application made to him pay the fame, fuch perfon on farl.ng 10 ac-
or perfons may give to fuch Sheriff,, Conftable or Clerk,. ten days notice in writing, to be proved in the ney"eceTveT'
156 IfiOO. ufual manner, to £ppcar before feme Juflice of the Peace of the County, to fhew caufe why the Jaftice
fliould not grant Judgment and iffue execution for the fame againft him and his fecuricies. And if fuch
Sheriff, Conftable or Clerk, ihall not appear before fuch Juftice, or if appearing, does not ihew fiifhcient
caufe to the contrary, it (hall be lawful and proper for fuch Juftice to enter up and grant judgment and »-
ward execution againfh fuch delinquent for the money due.
Provided, thzt nothing contained herein {hall be conftrued to extend to any cafe where the demand or
fum (hall exceed twenty pounds ; any law, ufage or cuftom to the contrary notwithftanding.
Not to extend
to demands a-
bove 20/.
1803, I.
CHAP. 19.
Allowances to
Jailors.
2. 1784, r.
CHAP. 20.
An aB making compenjation to Jailors for thefafe keeping and humane treatment of perjons in catfinement,
WHEREAS the fees allowed by law to Jailors are too fmall and inconfiderable to pay them for their
trouble and expence,
I. Be it enaSledby the General AJfemUj of the fl ate of North-Carilina, and it is heriby enaSed by the authority of
the fame. That from and after the pafung of this aft, the Jailors within the feveral counties within this
State, fhall receive for each prifoner, per day, for finding one pound of wholefome bread, one pound of
good roaftedt)r boiled flefh, and a fufficient quantity of water, and every neceffary attendance and keeping
the prifon clean, the fum of two fhillings and fix-pence and no more, any law to the contrary notwith-
ftanding.
An aSi direSUng a mode of defraying the expencet of apprehending and bringing topunifhment Fugitives from jfttftice.
WHEREAS there is no law in force in this State, author ifing the Executive thereof to draw upoo
the Public Treafurer for monies to defray the expenfes of fpecial agents and others employed in
apprehending Fugitives from Juftice and conveying them>tothe places where they «may be legally tried :
For remedy whereof, ' ,
I. Be it enaSledby the General AJfetnbly of the fate of ^orth Carolina, and it ,is hereby enaEled by the authori-
Mannerof pur- ty of the fame. That from and after the pafling of this aft, it Ihall be lawful for the Governor for the tinw
suing fugi- being, on information already made to him, or hereafter to be made, of any perfon or perfons having cool-
tives, mitted any offence of a capital nature within this State, and of having fled beyond or out of the jurifdifti-
on thereof, to any of the United States, -either to employ a fpecial Agent with a fuflicient guard or efco«
to purfue and apprehend fuch fugitive or feigitives from punifliment, pr to iflue his proclamation, and
therein andthereby offer a reward not exceeding two hundred pounds, according to the nature of the cafe,
A reward to be as in his opinion may be fufficient for the purp®fe, to be paid to fuch perfon or perfons as {liall apprehend
oflered not ex- fuch fugitive or fugitives, and deliver him or -them to fuch perfon at fuch place as in faid proclamation
fhall be direfted. And it {hall alfo he (lawful for him, from time to time, to iffue his warrants on the
Public Treafurer for fuflicient fums of money to defray the expences of fuch fpecial agent and guard or
efcort, or to pay the reward offered by fuch proclamati'on upon the delivery of fuch fugitive in manner as
■therein direfted, for which fum or fums of money the Treafurer fhall be allowed in the annual fettlement
of his accounts. ■ '
ced-iig 200/,
CHAP. 21.
irss, 5,
No bet to be
recovered ex-
cept a written
obligation is
produced.
aU bets to be
reduced to wri'
ti«g.
Not to extend
to course ra-
cing,
CHAP. 22.
1, 1779, 11.
An aB direSing the manner in luhich any bet on horfe-racing fhall be in future recover ed-
I. "W E // (tiaBed by the General Affimhly ofthefUki of North-Carolina, and it is hereby enacted by the auths-
jL% W/jy o/'//jfyrtw<', That from and after the paffing of this aft, no money ={hall be recovered at law by
means of any bet or wager on a horfe.race, except a written obligation is produced on the trial, contain-
ing the fum fo betted or laid, on fuch horfe-race, figned, fealed, and attefted, by at leaft one witiiefs, any
law, ufage, or cuftom to the contrary notwithftanding.
II. And be it enacted by the authority aforefaid. That all horfe-racing contrafts .^all be reduced to wri-
ting; and figned by the parties thereto at the time they are made, otherwife they fhall be void ; and all
fub-contrafts or bye-bets on the fame fhall alfp be reduced to writing artd figned by the parties to fuch
bye-bets, or the fame fhall be void.j and on all trials at law, where it may be neceffary to give fuch con-
trafts in evidence, no parole teftimony fhall be admitted to alter or explain fuch contrafts : Provided
neverthelefs, Thiit nothing herein contained, (hall, be conftrued to extend to cbiirfe-racing.
An aBto amend an aB, entitled " An aft to prevent the ftealing of flaves, or by violence, feduftion, or any
other means, taking or conveying away any flave or flaves, the property of another, and for other
purpofes therein mentioned," /»fl^i/ (7/ fffl/j/a/v, in the year 1119.
WHEREAS by the above recited aft, no penalty is annexed to the ftealing, carrying ofF and felling
free negroes and teylattoesvrith^n'thjB limits of this State: For remedy whereof,
I. Be U enaSIeJ b\1the Ceneral Ajfernhh cfthejiate ^f North- Carolmay end it h hereby enacted by the authority 1 SCO. 1 57
of the fame. That any perfon 6r perfons who fhail hereifter fleal or fell any free negro, or free negroes, ^^ — y — '
or perfons of mixed blood, knowing the fame to be free or ftolen ; or fhall by violence, feciu£lion, or PenaUyon
any other means, take or convey any free negro or free negroes, or peifons of mixed blood, from any s'^eaiirg or sd-
part of this State to another, with an intention to fell or difpofe of fuch free negro, or free negroes, or gioes, &c'.'^"
perfons of n;iixed blood, or appropriate the fame to hls^^er, or tlieir own ufe, and being thereof legally
convi-cled, flrall for every fuch offence be fined not lefs than fifty pounds, ncr more than five hundred
pounds, and imprifoned not lefs than three months, nor rnore than eighteen months, any thing in the be-
fore recited acl notwitjiftandlng.
y/« aB to empatuer the feverai Courts of Pleas and ^larfer ^effions nuithin this Btatey to remove from office their chap. 23:
Clerks for neglect or mij behaviour.
"TT; THEREAS doubts are entertained whether the Courts of Pleas and Quarter Seffions within this
^V i^t^te have the power to remove their Clerks from office for negle£l or mifbehaviour :
\.Beit therefore enaBed by the Gf tier al AJfembly of iheflate of North-Carolina, and it is hereby enaBed by the Clerks rf
authority of the fame, That the faid Courts of Pleas and Quarter Seffions fhall hrive full power and authori- ':?"'^'^ ""''"'■
ty, on their refpeftive Clerks being convified or found guilty, in the; Courts aforefaid, on a bill of indift- neglect of aiit».
ment for negleft of duty or mifdemeanor in office, to remove fuch Clerk; and proceed to the eleftion of may be remov-
another, provided a majority of the Juftices ofth^ County are piefent at the eleftlon of fuch Clerk, and ed, awl others
the perfon fo ele£led {bwbe fubjedl: to the fan>e rules, regulations, and reftriftions, as Clerks are and ^'^ ^ *
Jiave been, any law to tfie contrary notwitliilanding,
il. And be it further enaSted, That upon the refignation or removal of any Clerk from office. as"afore- Records to be
faid, he is hereby required to transfer and deliver up to his fucceffor jn office, all records,, documents delivered up.-
and papers, relative to his faid office, under the penalty of five hundred pounds, to be recovered by a£lion
of debt in the name of the Governor, and applied to the ufe of the Siate.
An act to preii>ent the felting offpiritisotts liquors and other articles at church or meeting-houfe jyards on dayfofdi- CHAP. 24-.
vine ivorfip.
WHEREAS a cuftom prevails in fome farts of this State of felling fpirituous liquors and othet arti-
cles at places jx'ht re people are aflembled for divine worship i For preventing fuch praftices in
future, ' '. ■ g . . .
I. Be it enabled by the General Ajjembly of the flate of N^orth-CarolinOy and it is hereby enacted by the authori- quors not to' be
ty of the fame, Thaf it fl-.all not be lawful for any perfon, who is fettled at or near to any church or meet- -sold in church
Ing houfe yard in this State, to fell fpirituous liquors to perfons affembled for divine fervice ; or if any '"^ meiting-
other perfon fhall bring to any church or mceting-houfe yard, on days fixed upon for divine worfhip, and "*'"**'*' ^'
fhall there attempt to lellpr give away, on fuch days as aforefaid, any fpirituous liquors or other articles,
cr fhall ere£l any booth, harbour, or make a ftand adjacent thereto, for the purpofe of felling or giving
away fpirituous liquors and other articles, on fuch days as aforefaid, each and every perfon fo offending
fhall forfeit and pay the fum of five pounds, recoverable hefore any Juftice of the Peace of the county Penalty.
where fuch offence fhall be committed, and applied to the ufe of the poor of fuch county -, and upon infor-
rnation x«f fuch offence being committed bemg made to a Juftice of the Peace, in his county, he fhall if-
fue his warrant againft fuch offender, and have him or her apprehended and brought to Juftice. Provid- '
ed, any perfon thinking himfelf aggrieved by the decifion of a Juftice of the Peace on fuch trial, may ap- » _ ^j ^
peal to the fucceeding county court ; and in all fuch cafes, it fhall be tiie duty of the County Attorney Tje made.
to appear and profecute on behalf of the State..
II. And be it further enaBed, That this a£l is not intended to operate or take effeft before the hour of This afl not to
ten in the forenoon, and after the hour of four in the afternoon, where a church or meeting-houfe is fi- '^ikeeffeft be-
tuated within the limits of any town within this State, nor fhall any recovery he had in purfuance of this f<"5^0 ''''='°*
aft, unlefs information fhall be made of the offence within ten days after it is committed. . ror after 4"in
the afternoon.
An aB to amend fundry aBsftr the better regulating the pilotage in the feverai ports of this State. CHAP. 25,
WHEREAS great evil hasarifen from flaves taking charge of veffels coming in or going out of the
different ports of this State, without the mafter or owner being bouod for their mifconduft :
Masters to
give bond.
Penalty for
vffences.
158 1800 I. Be it therefore ena^ed by the General A£embly of the Jiate of North-CarolitMi and it is hereby enacted bf-
the d«/As>-i/)i a/" /(6^ yi/n^, That from and after the -firft day of May next, themafteror owner of any flave
or Haves may apply to the Commiflioners of Navigation,, or a maprity, of them, in their rcfpeilive ports,
for a licence authorifing fuch Aave or flaves to pilot,,and upon faid Commiirioners aproving of his or their
quahfication, they fhali gram luch Have a branch or certificate in the name, of his mafter or ownei" topi-*
lot accordingly; whereupon faid- mafter or owner^jBuiU: enter into bond with two good and fufficient fe-^
curities in the fum of five hundred pounds> current money, , for the faithful difcharge of the duty of faid-'
flave: And. (hould any flave, by and with theconCent.of his mafter or owner^ after the firil day of May.
next, attempt to take charge of any velTel, , as a pilo^< without his mafter or owner having obtained a cer-
tificate for fodoing, and entering into bond as before direded, the faid mafl:er or Owner ih all pay for each
and every offence onehundred pounds^ current mooiey^, to the ule and- benefit of any perfon or perfons
fuing for the fame.- . ^
And whereas fundry perfoas after having cArtainedcertiftcate&'ta.-aft as pilots in the di(Ferent ports of
tlus State have proved unworthy of the truit rep ofed.ia -them :
II. Be it further enaSiedy That from and.after.the.pafling of thisaft^ thtfCbmmiffioneris of Navigation,
or a majority_of them, - in their refpe£tive, ports- of tlas States upon complaint being made to their fatis-
fadlion of the improper conduct of any ptlotafkingr under their authority, they fliall have full poviwr to
difq^ualify fuch pUot from piloting thereafter ; And ihould fuch pilot, . after fuch difqualification attempt
to take charge of anyrveflTel, he fliall be fubje£l: to the penalty ofone hundred pounds, to be recovered in
the fame manner as if he had -never obtained licaice, for fo doing. Provided ne^thelefsy That nothing,
contained in the foregoing a£t fliall afFe£l or alter any ait heretofore made for tlW Regulation of the navi-
gation .or pilotage of Cape fear river. .
An. aSl authorifing and empowering the Secretary ^f State to tranfcribe certain old Books in his Office y and to de-
mand and obtain from Individuals other Books belonging to the State.
I. V\^ it enacted by the General Affembly of the flate of North-Carolina^ and it is hereby enacted by the autha-
X) rityof thefamey That the Secretary <of- State be, and he is hereby authorifed and empowered to
tranfcribe and copy, or caufeto be tranfcribed and copied, in well bound books, thirteen old books in his
office, containing records of grants and patents commencing with the year 1663, and ending with the
year 176,7.
II. Andie it further enaSledy, Thzt -when tUe Secretary of flate fliall have thus tranfcribed and copied
the faid books, he fliall carefully examine and compare the tranfcripts or copied with the original records,
and upon afcertaining the fidelity and corredlnefs of . said copies, lie shall carefully pack up in a clofe
cheft or trunk, to be procured for that purpofe, the original books, and depofit the fame among the ar-
chives of the ftate i and a copy of any grant taken from the faid. tranfcripts fliall and may be given in
evidence in all cafes in the fame manner as if it had been taken from the original books.
III. And he it further enactedy That the Secretary of the State be, and he is hereby authorized and re-
quired, whenever he fliall receive information of any books being in pofleflTion of Clerks of Courts, or
of any other persons, that belong of right to his office, to make application therefor, and upon receipt
thereof, to give his certificate for the fame ; and atiy perfon or perfons who fliall refufe, on application
made to him, her, or them by the Secretary of State, to deliver and give up any book or books in his, her,
or their poflTeffion, which belong of right to the office of the Secretary of State, fliall be liable to, and for-
feit the penalty of three hundred pounds, to be recovered in an a6tion of debt, in the name of the Gover-
nor of the State for the time being and his fucceflbrs in office, and it fliall be the duty of the Attorney and
Solicitor-General to attend to and profecute fuch fuie.
IV. And be it further enoBedy That the Secretary of State fliall be allowed a reafonable compenfation
for his fervices in obtaining,, or endeavouring to obtain luch books as aforefaid, in the pofleffion of Clerks
or other perfons, to be fixed by the General AflTembly, and that he be allowed for the tranfcribing, exam-
ining, and comparing the books which by this aft he is authorifed to tranfcribe, the fum of one fliilling
for each and every grant or patent fo tranfcribed, examined and compared } his accounts for fuch laft men-
tioned fervices to be exhibited half yearly to the Comptroller, on whofe certificate the Governor is hereby
direfled to grant him a warrant on the Treafury at tlie rate aforefaid. .
Klotsto be.
disqualified for
improper con-
dua
eHAP. 26.
Secretary to
transcribe '
certait; old
b09k8.
The original
to be deposited
in the archives
of the State.
Copies may be
given in evi-
dence.
Secretary to
make applica-
tion for books
l>«longiTig to
iiijs office.
Penalty for
»ef using to
give them up.
Allowances
for the above
£ervice«.
CHAP. 27.
An act concerning ivrech, HEFEALED^ .1801, iS.
Jin aEi to revtfe and amend the Militia Lan»s, 1 800 , 159
l', T\ E iV enacted by the General Ajfembly of fhejfate of Nrtb-CaroJina, and it is hereby enacted by the authori~ u.»-v-0
j[3 ^y °f the fame ^ That all freemen and indented fervants, citizens of this State or of the United chap. 28.
States, refident in this State, who are or fliall be of the age of eighteen years, and undfer forty-five years, Ante p. 23, 67.
fiiall, as foon as it is prafticable,. be feverally and refpeftively enrolled in the militia by the Captain or ^801, 9, 33, 34.
Commanding Officer of the company within the bounds of whofe diftri£l, (to be allotted him by the court- |^^''' ^^' ^^'
rhartial) fuch citizen (hall refide, and it fllall at all times hereafter be the duty of every Captain or com- earolledr"°"^
manding officer of any company, to enrol every fuch citizen as aforefaid, and alfo thofe who {hall from
time to time arrive at the age of eighteen years, except as herein after excepted, or (hall come to refide
within hrs bounds, and remain therein thirty days, and ftiall without delay notify fueh citizen of faid en-
rolment by a proper non-commiffioned officer of the company, by whom fuch notice may be proved ; that
every citizen fo enrolied and notified, fhall, within fix months thereafter, provide himfelf with a good
fhufquet or firelock, a fufficient bayonet and belt, two fpare flints, a knapfack, and a pouch with a box 1°^^ ariaed,
therein, to contain not lefs than twenty-four cartridges fuited to the bore of his mu&et or firelock, each
cartridge to contain a proper q\jiantity of powder ana kill j or with a good rifle, knapfack, fhot-pouch and
powder-horn,' and twenty- balls fuited to the bore of his rifle, and a. quarter of a pound of powder and
lead ; and (hall-appear fo armed,- accoutred^ and provided, when cal'ed out to exercife> or into a£tual
fcrvice; except that when called out on company days to exercife only, he may appear without a knap-
fack. That the commiffioned officers fhall feverally be armad with a fvp-ord or hanger, and an efpontoon. Arms, 8cc. to
And every citizen fo enroHed, and providfiig himfelf with the arms, ammunition, and accoutrements as b««xemp(from
aforefaid Ihall hold the fame exempted and free from all fuits, diftreffes, . executions, or fales for debt, or
fbr the payment of taxes.
II. ■ And be it further enaBedi That the Vice-Prefident of the United State's, tlve Officers judicial and Exempt,
executive of the United States, the Membei's of both houfes of Congrefs and their refpedUve officers, the
Judges of the Superior Courts of Law and Courts of Equity, and Juftices of the Peace, Printer to the
State, Councillors of State, the Secretaryj Treafuter, Gom-ptroller, the Attorney-General, Solicitor- Gen-
eral, High Sheriffs of the feveral counties in this State, ,Minifters of the Gofpel of every denomination,
that are properly and regularly ordained, and have the care of souls ; Quakers, Moravians, Dunkards or
Menonifts, who may produce a certificate of their being regular members of either of the faid focieties ; .
all cuftom-houfe officers, poftmafters, aiwl ftage-drivers, who are employed under the care and convey-
ance of the mail to the poll-offices ofthe United States ; all coHtinental officers, who ferved with reputa-
tion three yeafs, or until the end of the revolutionary warj unlefs fooner deranged by a reform ofthe ar-
my; all ferrymen employed on arvyferry of any ptiblic road, provided the fame (hall not exceed the Su-
perintendant and one other to each ferry -, all fuperintendants of public mills and infpedors of imppft, all
branch pilots, all mariners actually employed in the fea-fervice of any citizen or merchant of tlie United
States ; all officers and ftudents of the Univerfity and all other feminaries of learning within this State,
particularly eftablifhed by law, fhall be, and they are hereby exempted from militia duty : Provided al- None in case of
ways, That nothing herein contained, fhall be conflrued fo as to exempjany perfon from perfornoing du- invas on or in-
ty in cafe of invasion or insurrection within this state. surreAion,
III. And be it further enaSied, That every perfon liable to do militia duty, who may by the commiffi- pg^^ij ^ „g_
oned officers of his company, be deemed in circumftances fufficient to equip himfelf, and who fhall fail guaing to arm
to do the fame as herein required, fhall forfeit and pay for each deficiency as follows, viz. for want of a a«id equip,
good and ferviceable mufket, rifle, or firfelock, the fum of five {hillings ; a cartouch box of the capacity
defcribed, or {hot pouch and powder-horn, the fum of two {hillings ; flints, cartridge-box or powder and See 1801, 9.
ball, as required, the fum of two {hillings ; And all parents, masters, or guardians, fhall furnifh thofe of the
militia, who fliall be under their care or command, with the ir arms and equipments above-mentioned, under
the like penalties for any negle£l. That all commifTioned officers fhall take rank according to the date Parents, &c.
of their commiffion ; and where two or more of the fame grade bear an equal date, then their ranks (hall u°der"their'*°^*
be determined by lot, to be drawn by them before the commanding officer of the divifion, brigade, regiment, care.
battalion, company, or detachment. And each Superior Court di{lri<3: fhall form at leaft onebrigade,
and each county, a^eaft one regiment ; And when the fame fhall be convenient, each regiment {hall con-
fMl of at leaft twoflptalions ) each battalion of five companies, and each company of fiatty-four privates. Officer's tank,
That the militia {hall be officered as follows : To each divifion one Major- General, and two Aids-de-camp
with the rank and p?y of Maj<?r, to be appointed by the Major- General; To each brigade, one Brj^^--
160 1800. d'ler- General, and one Ald-de-camp » t .......... . . .* With the rank and
(,.*»v*wJ pay of Major, to be appointed by the Brigadier General of each regiment, oneLieuLenanl^-Colonel Conl-
♦ Tail omitted, mandant and two Majors: whicii general, regiment and field otilcers (hall be appointed'by the Seriate
repealed, 1801, and Houfe of Conimons, and commiflioned by the Governor for the time being. Provided, if at this
How appoint tin^e any regiment is officered in a di£^"erent manner, the commifiion Ihali continue, until by vacancy hap-
ed. pening, it fliali be prafticable to arrange the appointments agreeable to this act. And to each company,
By the com- one Captain, one Lieutenant, one Enfign, four J^ergeants, four Corporals, one Drummer or Fifer or Bu»
nianding ofhcer ^^^ . -j^j^^^ there fliall be to each regiment, one Adjutant and one Ouartcr-mafter, vrho fhall becommif-
iT.ein- fioned officers, with the rank of Lieutenant, to be appointed by the commanding officer of the regiment ;
There fliall be alfo one Paymafter, one Surgeon, and one Surgeon's Mate, to be appointed as afprefaitJ,
. _ and one Serjeant-Major, one Drum-Major, and one Fife-Major, to e^ch battalion, to be appointed by th^
le c p ajns. ^-on^jj^aj^^jj^g officers thereof. And the non commiffioned officers, Drummers and Fifers, Buglers, Trum-
Other officers peters, and Farriers fhall be appointed by the Captains of each company or troop. The commiffioned of-
how appoint- ficers of the companies of grenadiers, light infantry or riflemen, and alfo the artillery fliall be recommend-
^^» ed by the Brigadier- General of the brigade : and of the troop of horfe by the field officers of the regi-
Officerstore- ment of cavalry : and the commiffioned officers of the infantry fhall be recommended by the field officers
side within pf j.jjg regiment to the Governor who fliall iflue commiffions to fulfil all the faid appointments and re-
mands, commendations. And the General and field officers, as well as all other commiffioned officers, fliall je-.
fide within the divifion, brigade, county or company dlflrl£l: which they refpeftively command,
loviso. Provided neverthetefs. That this arrangement fliall not affe£t any appointment hj^fetofore made.
Grenadiers, &C' IV, And belt further enaBed, That out of the militia enrolled as herein direfted, there niay be formed^
Artillery. ^q^. ggj.}^ battalion one company of grenadiers, light infantry or riflemen : A^d to each djvifion at leaft one';,
company of artillery, and to each regiment or battalion having a fepar.ate niufter, at leail oiie troop of
Uniform. horfe, all which companies fhall be formed of voluntieers from the brigade, and fhall be uniformly cloath-
ed in regimentals to be furnifhed at their own expence, the colour and faffiion to be determined by the
Artillery ar- jjrigadier commanding the brigade to v/hichthey belong. There fliall be to each con-. p any of artillery, one
' "^'Captain, two Lieutenants, four Sergeants^four Corporals, fijj: Giinners, fix Bombadiers, one Drummerj
-one Fifer, and fifty-two MattroflTes : The officers to be armed with a fword or hunger, and a fufee, bay-
onet, and belt, with a cartridge-box to contain twelve cartridges ; and each private or mattrofs fliall fur-
nifli himfelf with all the equipments of a private in the infantry, until proper ordinance gnd field artillery
Iroopcf horse, js provided. There fhall be to each troop of horfe, one Captain, two Lieutenants, one Cornet,
four Sergeants, four Corporals, one Saddler, one Farrier, one Trunjpeter, and not lefs than thir-
ty-fix dragoons : The commiffioned officers to furnifh themfelves with gpod horfes at leafl foyrteen hands
anil a half high ; to be armed with a fword and pair of piftois, the hoUters of which fhall be covered with
bcarrfkin : and each dragoon to furnifli iiimfelf with a ferviceabic horfe fourteen hands and a half high,
a good faddle, bridle, valise, breafl-plate, and crupper ^ a pair of boots >ind fpurs^ a pair of piitols and hol-
ll.ers, a fabre, andcartouch liox to hold twelve cartridges for piflols.
No voKinteer y^ ^„^ ^^ it jiirther enacltd^ That no perfon that now is, or fliall hereafter procure himfelf to be en-
iufaiury, rolled in any volunteer company autiiori^ed by thij a£t, fliail be pormiltL'd to rciurn to the infantry, ex-
cept bv the confent of the Captain with whom he may be .enrolled, ot by reiiiov;] out of the county
where fuch perfon was enrolled, and it (hall be fufficie-nt fci fucii perfon to be f-'irolltd and approved Kv
the captain of any volunteer company or troop without the intervention of any other officer wlion^foevcr.
?UjU;sMtab'i,h. vr. And be it further enacted. That the rules approved and eflabliflied by congrefs, in their refolution
observed,"^'^"^ °f t^"^^ ^^^^^'^y* "^"'^^^ of ^^^'^ch, ^^^ thoufand fevcn hundred and feventy.-nine, fliall be the rules of difci-
pline to be obferved by the militia of this ftate, except fuch alterations as may be rendered necefliiry by
the requifition of this atS, or fome unavoitlable circumfl:ance. It fhall be the duty of the commanding
officer, at every muft;er, whether by regiment, battalion or fingle company, to caufe the militia tobeex-
ercifed agreeable to the faid rules of difcipline.
VII. Relating to Brigade Infpectors, repealed 1801, 9.
A regiirental VIII. And be it further enaiiedy That there fhall be iu every year, at leaft one regimental or battalion
mutter^once "^"ft^'"' ^^ ^"ch place or places as have been or fliall be appointed Ky law for generdiuufters : And that
yga^. the Brigadier-General fhall order the faid mufler in fuch time and rotation, that theBrigade Infpc£l:or*
ftcrs, following each other in couife, for the purpofe
• No Brgade may attend each of the regimental and battalion mul
^mi^Q^' "°^^' herein required ; on failure whereof, the faid Brigad
1,801, 5
icr fhall forfeit and pay the funi of twenty-five pounds,
tp be recovejrcd and applied as herein direded j 'and the commanding officer of each regiment or battali-
?":, 'L 1 / "°^ ^^^^'^"^ ^""f^ ^^^^" '" *'""^* ^'■^"^ '^'^ Bi igadicr-General of his diftria (hall appoint the 1 800 1 6 1
laid JMuIter lo as to anfwer the above intention j on failure whereof, he IhalJ fuffer the fine of fifteen t^v^
pounds fpr each negleft. And the faid Brigadier fhall caufe the eonunanding officers of the refpea Jve re- When con,,
gimems or corps , to be notified thereof at kaft two weeks previous to (jach mufter: And if any officer '"ending oiTicer
ihaU fail to attend at any review, regiment or battalion mufter, or attending not armed as required by Finl'^'"^'"
this aa, he or they fhall, pn.conviaion before a court-martial, forfeit and pay, if .a &eld officer, the fura Brigadier t<»
o, ten pounds ; jf a commiffioned officer under that grade, five pounds. ; and every non^commiffioned of^ ^'^^ ''^'^'
ficeror private, who {hall fail to attend fjich review or mufter, ftall on conviaion pay fuch fum as fhall ^^"*'"^*-
he adjudged agiynft him or them by th^ court-martial, not exceeding two pounds nor lefs than fifteen
ihillmgs; or rf appearing, be not armed ashy this aadireaed, fliallfor fuch defwit forfeit and pay a
ftim not exceedmg twenty Shillings, nor lefs than five Shillings, to be adjudged as aforefaid, whidi fee*
ftiall be recovered and applied as hereafter direfted: And the compaaw officers in each regiment or bat. „
tahon of u,f^try.fl,aU incur the fame penalty, if they fail to attend ^t the mufter-ground the day precede ^IHll^^^Z
mg eacii twater, tor the purpofe§ herein mentioned- .And every Captain or commanding officer of a com- in two raoatha.
pany M, at leaft once in two months, at fuch place as he Omll think raoft proper and convenient, and
^leeahJytotheorderofthecpBMnanding officer, mufter, train, and, exercife each company, and fhall
wule them to remain under arms at Jeaft three hours in each and every day, by himfelf or his Lieutenant,
80d then aad there teaqh them the cmanual exercife and manoeuvres direa'ed in the book of difcipline ; at
which mu^ theqfficers and privates (hall appear armed as before required. If any Captain or com, Forfeitue of
mandmgothcer of any company ftwU fail or neglea to mufter his company as herein direaed, he fhall Captaiane-
loTteit and pay the fum of two pounds tenfhiUings; and if he or any commiffioned officer of thecompa- £'^=''=^2^ ^us*
ny, ftiail fail to appear equipt»3 direaed at the Xaid mufter, the officer fo failing ftiall piy the fum of '" """?*">'•
<«ro pounds} and if any non-comnijiffioned officer or private ftiallfail to attend at a company muiler, he o»h,rf.,>;t
ftall forfeit and pay a fwn not exceeding fifteen fhillings, nor lefs than ten fhillings4 and if attending mS
Without being armed and accoutred, fhall pay a fern not exceeding ten ftiillings, nor lefs than five Ihill-
mgs, which fiun fliall be adjudged in manner as hereafter direaed, according to thecircuraftances of ilie
delinquent: Provided, That every abfe«tee iliall be allowed until the .next fucceeding company mufter Absentees to
JO make his excufe, which ffiall always and without exception he on oath, the officer higheft in rank be allowed time
being hereby authonfed to admimfter the fame. If any officer ffiallXufFer himfelf to he intoxicated, or be» ^° ""^^ ^*- .'
feave ma riotous or diforderly manner, when required to be on duty, or difobey the -orders of his com- '""^'
manding officer, he ftiall for th«firft oftence be openly reprimanded by the Prefident.of the. court-martial „ , , .
before which he is conviaed, and fined at the difcretion of the faid cquxt, not exceeding two pounds; and tSicaLr ""
fcr the fecond offence^ fliall be abfolutely cafliiered. 6 I*' ' « tox,cation<
^?' "^"fjT^^M^^^^"''^^'^' Tl^atif any non-comm-iffipned-officer or private Aall, during the .time of Panjshment
jiMilter, refatt his commanding officer, or refufe to obey his lawful commands, if a non-commiffioned officer, for disobedi-
he fliaUbe confined and kept under guard during fuch mufter, reduced to the ranks, and fined at the dif- ^^^ °"^««-
pretion of the court-martial,- not exceeding one pound ; and if a private, fliall be confined and kept un-
der guard during fuch mufter, and fined at the difcretion of the court martial, not exceeding ten fhillings.
And if the court-rnartiaUfter examination on.oath fhaU adjudge any.perfon or perfons enrolled as afore- Courts MmM
Su *°,^® '"f^paf"« o* providing him or themfelves with arms, ammunition, and accoutrements requir- to report pe,!/
|| fay this aa, they fhaJl make report thereof to the next regimentaLor battalion court-martial, as the *^^''!'^»P»b'k
tefemay be, who may, if it fh^Il appear necefTary, exempt fuch perfons from the fines or forfeitures by Sp^^fJ:''
ms att impofed,unttlfuch.axms and accoutrements ftiail be provided and delivered to him or them by to be exempted
»je court-martial, who; fhall ^take iecurity for the fafe keeping of fuch arms and accoutrements, to be re- from fines,
turned whenrequireil.
X. Andhe it further enoBedi That the -feveralCaptains of Infantry fhaU, at their feveral mufters, make Captains to
itjretuiH of theur.refpeaive companies to the commanding officer of the regiment or battalion, the Cap- Tc^rJ'^nrV*
tern of cavalry to the commanding officer of cavalry in thirty days, and theCaptain of Artillery to the Xr^ ^
Krigadier o^the diftna withm thirty days thereafter, and to the commanding officer of his regiment in The parts dot-
three months, under, the penalty of five pounds, to be levied as hereafter direaed. And every officer ^^ ««pcale4
oommandmg a regiment, fhall annually make two returns; one to the Brigadier-General, ........ *^**'^-
\. . . ... . , .at leaft two months before the annual meeting of die General Af- ^rZ^T^^lv^
S" £ ""^^^*h*P«^ty of twenty-five pounds and the Major^General of each di- returns to iK
iriuoBinaumake a return .thereof to the Governor for the time being, on or before the annual meeting of g'^dier-generai.
T? - • Other returns
J^ f . Oth^retuTB*
162 1800. the General AiTembry, under the penalty of fifty pounds • and it (hall be -Ije duty °f *^^ ^^^^^
ga. . Major- -^ his own name as profecutor, in any of tlie lupenor eourts of this State, againft all and every fiel*
^^•'*"'' and General OiHcer, who may make default of return by htm '^^.^jf^ff «"^^^;^^^^/^^^ maUpraaice or
YT 4^^ h. .v f.j^hf'r enacted That when any Maior. General Ihall be charged witn mai-pTacnce or
Major-General ^^'^fJ'^ ''IZc'lrnor^^^^^ beinff (hall order him tobe arrefted and furnifhed with a co-
bronght to trial negleft of duty, the Governor tor the ""f ^^'"8^!" ; , . , • • j ^^ ^e compofed of one Major-Gene-
by Governor, py of his charge and (hall order a general court-martial tor his tr ai, ^° °!^^°""P°'^^^^^ . ,. .A difter-
?al, two Brigadier-Generals, and ten Field Officers, one half of the n^imber of whom ftJ be (rt a d^tter
Br,..er Gen. ent divifion f and for the like charge ^Zfl^];^^-:^^^:^:,:^, f cT^fmar tS' £ liftria^'To Te
J- ^--'- and fnHkemanneftie Commanding Officer of each brigade iliall arreft, -d^ aPP-"t -^^^^ f^«J
the trial of the Field Officers of the fame, and agamft whom charges may be ^il^^'^^^^'™ f^"^^^^^^^
Courr-martial Up comoofed of thhteen officers, none of whom Ihall be under the rank of Cap am, and a tield Uthcei
fortrialof FieU 1' ,f3e ThrCommanding Officer of each regiment or battalion^ ftiaU order a court-martial to be,
Qfficers how J"^" prenae. ine v^ommanumg _.,ft„,^ „f .u^ f^me on thedav after the regiment or battalion mufter,i
Advocate, who (h.Vhimtelf,m the prefence^f tf>e b.dxou«^ te^^^^^^ ^^^
Jttdgesulvo-
cate. Advocate, who ihall himielt, m the preience ui ui^ 'f^ 7""! :,";,,„ ^r ,hie ™t according to the beft
may come before this court, and that I will ^J^JJJJ^J ;^P colleded- or received, and in all cafes en-
fedge i that I will account for a U fines and f°5ff "f .^^^^^^^^^^^^^^ ability, fo help
force a due execution of the m^h^^^^^^^^^^
Duty of the
court.
Fines
exempt luch as may oe juagea mv..»pa^x. • "Z~ ^r^A at the faid reeimental or battalion courts-mar
omiffion orcommiffion^asweU by officers as privates V and a^^^ and difpofe ofal
tial, (hall hear and determine all appeals from the company J^^^^'^^^J'^f ^^^^ ° ,^^ whence^he famt
howtobe fines for buying drums fifes, and other '-Pl-^^^^^^^J^:^^^^^^^ puTpofelthat will promote
disposed of. (hall arife, and for fupplymg the mihtia >«'itlx^rms ^^"^ J "°^f ^'^^^^^ L paid out of the finefj
,„d.e.dvo. the good thereof. An^ */ "^S!,/^^^^^^^^^
iate-s salary & for his fervices ;, and his duty ^f , j^^^^^ \f is3^ and required to enter up judgmen|
duty. which may be impofed by the ^°''^^''^^^X:.Z'^^^^^^ fj"ll be diretEled to the Adjutant, and if againf
Adjutant to re- and iffue execution, which if ^g-^f^^^^^Jl^^^^teS^^^^ fuch Sergean tof the company to which the dc
cover tines by non-commiffioned officers or privates,, (hall be °*JJ"*^^^° '^^" r'. J f ^^^ fell in the fame manner, an.
distressasinci. jint belongs i and the Adjutant «' Sergeant fhallpoceed^t^^^^^^ ^^^ ^^^ ^^eir fer.
l:?d Lr' unL the fame l-s and rules as Co-ftables m civ^ "^ J^^^lue retur" to the next fucceedi..g court
Keturn.tobe;i:-iftd^r;^^^^^^^^
gleet of duty, account for. , ^,. , •fr„«»j-«ffirAr« of the conipanv, or any two of tKem,«f
Company XII. And be it further enaSfed, That the com«,iffioned officers ^^^'^^Im.rti.l, Ld proceed to tr
S^artial. ter each and ever'y mufter of the company, ffia^ on the fome day ^^^^^^^^G^^^ of any delinquents, th.
and determine on all cafes which may come before them '/P^ °" "!; • ^i^eaed to the Sergeant, wh.
officer higheft in ranWprefent, fhall enter up judgment, and f"«„^X'^°",„;''^^^^^^^ : Ind it Oial
(hall proceed as before direded, and (hall make his return ta *^."^^* "^^^^ Jthcr officer* trf!^
be the duty of the Paymafter to demand and receiveof the Adjutants, bergeants.
irty have Colle£\ed fines and forfeitures, and diftribute the fame agreeable to the direftion oif the court- 1800. . .
martia], and fettle his accounts annually with the Judge Advocate, for which fervice thePaymafler lliall v.^-^-*^
be allowed a reafonable compenfation by the court-martial : And in cafe there {hall be no Paymafter ap- Accounts to b
pointed by the command of any regiment, then and in that cafe, each Commandant (hall perform and ex- f^"'^''tu"T"Jt
ecute the duties of Paymafter as above required. idvccaie. " ^
XIII. And be it further enaSled, That every officer, at the firft meeting of the court-martial after being Oath to be ta
commiffioned, fhall take and fubfcribe the following oath of office, to be adminiftred in open court by the '^*" ^^ otEcen
Judge Advocate : " I, A. B. do felemnly fwear, that I will execute the office of according
to the rules of military difcipline and the laws of this State, to the beft of my ability, and that I will fup-
port the conftitution of the United States, and of this State, So help me God \ " and alfo the following
oath .• «« I, A. B. do fweaf that I will, at the court-martial of the company to which I belong, duly ad-
minifter juftice, and apply fines and penalties according to law, to the beft of my ability, without favour,
or afFe<Slion, or partiality, fo help me God. " And no ofEcei' {hall be entitled to fit In a regimental, batta-
Kon, or company courts martial, unlefs he {hall hav« taken and fubfcribed the oaths aforefaid.
XIV. And be it further enaBedy That if at any regiinent, battalion, or company mufter court-martial,, or P'^<>«^a'fia«<"*
company of the officers, there {hall be any delinquents either for non-attendance, or not being properly
armed and accoutred, or for diforderly condu£t, proclamation {hall be made by the daptain or Command-^
ing Officer, calling the names of all delinquents enrolled, that they attend the trial at the folio vving court-
martial, which Ihal) be deemed a- legal notice ; or if Field Officers, or officers of the regimental ftaff, fuch
notice {hall be given by the Commanding Officer or Adjutant of the regiment or battalion, or to the officers
alTembled ; and If any officer or private has an excufe to oflPer to the court-martial, he may fend his af-
fidavit taken before a civil magifbrate, or produce a witnefs, or he may perfonally appear and make oath
to the caufe of his delinquency ,• and In all cafes, whether for negle£l or failure of the officers and pri-
vates of regimental or battalion mufters, or appeals from the company court-martial, and all other cafes
of which the regimental courts-martial have jurifdi«D;ion, their determination {hall be final-.
XV".- And be it further enaBedyThzt the Commanding Officer of the regiment of Artillery y^ {hall, under Coramanding
the penalty of twenty-five pounds, once In every year tranfmit a return of faid regiment to the Major-Gen- °gry"o make
eral in whofe dlvifiort- he may refide. In due time for him to lay the fame before the Governor, at the wtums to Ma
meeting of the General AlTemWy. Prevw/^i a/way/. That the companies of artillery and troop of jo"^ General.
horfe ftiall, when attending thegeneral mufterof the regiment or battalion of infantry io the county in which Returns to Bri
they refide, be under the Commanding Officer of the battalion or regiment except a Field Officer of the ca- ^^ '*": ^"^'"*'
valry or artillery be then prefent on the parade. . . ^ . . . . And the companies of artillery and troops Anillery mus
of horfe {hall refpeftively mufter at leaft once In three months, at fuch time and place as the Captain or '^r.
Commanding Officer of the faid companies or troops {hall dire£b ;- and the commiffioned officers of each
company of artillery and troop of horfe, or a majority of them, {hall and they are hereby authorlfed and
required, to hold courts-martial on the day or fucceeding day of the company mufters, in order to enforce Courts martial
the military laws of rfils State, as far as refpe£ls the faid corps. The dotted partSy and the remainder ofthisy
with the tivofolloistingfiSlionSf andai much if the above as relates to the Cavalry^ ripealedy 1803^, 11.-
XVIII. And be it further enaSledy That every commiffioned officer of the infantry of the militia of this
State, by appointment of the commanding officer of each regiment, {haU meet once in every year, at fuch officsrs of in-
places as may or have been appointed by law for the holding reviews or regimental mu-fters in their ref- fantiy to be
pedive counties,, exclufive of the meetings on the day previous to each general mufter,.- as in this a61: re- exercised,
quired^ where they (hall remain two days, durhig which time they {hall be exerclfed by the Adjutant, or
in his abfenee by the Commanding officer of the regiment at leaft four hours in each day, when and where
they {hall be inftrudled In all matters of field exerclfe and difclpliile, according to the fyftem which now
is, or may hereafter be eftablilhed by the Congrefs of the United States-j^ and for each and every failure
or negleft to appear equipped at the mufter of the officers as aforefaid, without being able to render fuf- Penalty,
ficient excufe on oath before the regimental court-martial to be held next after faid mttfter^ they (hall for-
feit and pay the fum of two pounds.
XIX. And be it further ena^ed. That the General and Field Officers {half, immediately after their ap- General & field
pointment to office, notify the Governor for the time being, of their acceptance or non-acceptance of fuch °^j"g* 'f ^[^^
appointment: and that If any Major-General, Brigadier-General, or Field Officer {hall think proper to appointment
refign his conamtflion, he Ihall firft notify the Governor for the time being, and other officers to whom it and resignati.
^oi 1860.
Officers about
to be absent to
give notice to
the next in
(.ommatid.
Duty of com-
manding o(!i-
cer in case of
tntutre£iion<
OlEcers failing
in duty to be
caahiered, &c.
I'enaUy on
non-commissi-
cn^d oi!ictrs
and privates.
Not to be ar-
lested in any
civil artion
when on duty.
To pass ferries
kc. free.
Musters-
renalt-es on
iiM officers.
No Brigade In.
specters now,
}SOl, 9.
may be his duty to make returns, of fucK his refignatlon, and alfo the name of the next officer in com-
mand, and to the Governor and fuch other officer, to whom returns from fuch refjgning officer is or may
be due, fhall thereon require the neceffary returns and reports of the next officer in command, of the di*
vifion, brigade, or regiment, until the vacancy occafioned by fuch refignation be filled : Provided (ueh re '
fignation doth aftually take place fix months previous to the meeting of the General Affembly, and if
pot, the officer fo refigning (hall be accountably fpr all returns due from his divifion, briga^, or regi-
ment, for that year.
XX. And be it further enaBedy That when any officer commanding a divifion, brigade, or regiment, (hall
have occafion to be abfent from his ufual refidence two months or more, it fhall be the duty of fuch of-
ficer to notify the officer entitled to the command, of fuch his intended abfence, and alfo the next fuperi-
or officer in command, under the penalty of twenty pounds, if a Qsneral Officer^ tp be recovered as o-
ther fines.
XXI. Repealed 1801, 9.
XXII. And be it further enaBed by the authority aforefaidy That in cafe of an infurre£lion, it (hall be th«
duty of the militia officer higheft in command in the county wherein the fame fhall happen, immediately
to take meafures for fuppreffing faid infurre£tion, and to give notice thereof to the neareft General Offi^
per, whofe duty it ftiali be to fend an exprefs without delay, to the Commanding officer of the State, in-
forming him of the fame, and the nature and extent thereof, and in the mean time the faid General Offi-
cer ftiall immediately purfue the «fx# aftive meafures for fuppreffing the f^d infurre£tion : and it ishere^
by direded that the faid militia fhall appear furniffeed with arms, 3m\inition, and accoutrements^ as requi-
red by this a6t.
XXIII. And be it further enaSfed, That every officer who fhall negleft or refufe, on call, or alarm giv-
en, to appear at fuch times and places as fhall be appointed by his Commanding Officer, he fhall, on due
convi<ftion before a court-martial be cafhiered, and rendered incapable of ever af^r holding a military apV
pointment under the authority of this State, and be further liable to pay the fum of twenty pounds, to be
collected as herein directed; and if a non-commiffioned officer or private, he fhall forfeit and pay five
pounds. And if any perfon do not march againft the enemy when conamanded, by bimfelf pr fubftitutc,
or refufe or negleft to do his duty or perform the fervice he is put on by his officer, or quit his port,
defert, or mutiny, it fhall and may be lawfyl for thf Commanding Officer of the regiment orccM:ps, to
order a courtrmartial for the trial of fuch oflfpnders. The members wbeii met, fhall indiyidyally, before
they proceed, tajce the following oath, to wit : «« I fwear well and truly to try and determine, acccording
to the evidence of the matter before me, between the State and the perfon now to be tried. So help me
God !" And ffiall, on trial and convidlion, order punilhment on the offender, according to the articles
of war eftablifiied for the regulation of the continental army ; Provided tHverthelefsy That fuch punifhment
^a!l not extend to fentence of death, except in cafe of defertion to an enemy or mutiny.
XXtV. 4"d be itjurther enaBedy That no officer pr foldier direfted by this a£t to appear and mufter
as aforefaid, fhall he liable to be taken or arreted in any civil a^ion or procefs whatever, on the day fuch
perfon or perfons is or are dire£led to appear, or m a reafonable time either in going to, continuing at,
or returning from the place appointed to mufter or appear, but every fuch arrefl is hereby declared to be
void : And every perfon required by this ait to attend mufters and reviews, going to or returning from
the fame, fhall be fuffered to pafs over any toll bridge or tpll caufeyvay, and fhairbe put over any iett^
without delay, free from any charge whatfpever : And if any Ferryman or proprietor pf any toll bridfje
fhall demand pay, delay, or refufe to put over fuch perfon, tliey fhall forfeit and pay for every fuch of-
fence forty {hillings, to be recovered by a warrant from > J.uftice of the Peac^ to thejiole ufe of the infor»
jj^g^_ . .... .• .-r ' '. ■ ^ • f .........
XXV. And be {t further etiaBed, That the .Major-Oeneral of each divlfi<>n fhall, when convenient to
himfelf, but at leaft once in two years, order the review of the feveral corps compofing faid divifion to
meet by regiments in their refpe£tive counties, except the regiment of cavalry and companies of artille-
ry, which ffiall be rnuflered at the court -hojifes of their refpe.i^iye diftrifts, except as herein before except-
ed } and he fliall attend the faid reviews under the penalty of fifty pounds. And the Brigadier of each
brigade fliall in like manner at leaft once in every two years, order a review of the feveral regiments and
companies of artillery of his brigade, undct the penalty of forty -pounds, to be recovered as before defcri-
• bed. And when penalties are infltftcd upon Field Officersj and no other method is dire£ted for therceeu
very thereof, the fame fliall be recovared by information of the Brigade Infpeftor hefore a regimental
court-martial, to be ordered by the Brigadier*, jbe judgment pf which court fliall be carried into execu- 1800. 165
tion and levied by the Adjutant of the regiment as heretofore prefcribed, v,,,»=Y-«V
XXV. And be it further enaSted by the authority afortfaidy That in addition to the fines herein impofed ori Additional
General Officers for not reviewing, and on regimental officers and privates for not turning out at General ^^*'
Mufters or reviews, and in cafe of alarm, a further fine of not lefs than twenty-five per cent, on the amount
of their laft public tax (if the faid tax exceeds three pounds) (hall be required and collected frpm them
refpeclively, for fuch neglect of duty ,- and that the faid fines may the mere eafily be afcertained, th^
Captain of each company refpedtively is hereby required to call on the Clerk of the Court for a copy of
the lifts of taxable property for his company in each and every year, and upon fuch application it fhall be
the duty of the Clerk to furnifh the fame without delay.
XXVL And be itfurther enacted. That all fines and forfeitures by this aS dire«3;ed, ai)d not herein par- Fines h-'w to
ticularly appropriated, fhall be applied to the purppfe of firft buying drums, fifes, and colours, and then ^^ =^PP''?^'
arms and accoutrements for the ul'e of the corps from whence the f^me arife, and thofe paid by the Major-
General fhall be equally divided among the brigades of his divifipn 4 thofe paid by the Brigadier fhall be
equally divided by the diflPerent regiments of his brigade j thofe paid by the Field and Staff Officers, and
not before appropriated, equ;ally among the companies of the regiments or battalions to which they belong §
and thofe paid by the other commiffioned officers, ^mong their Tefpeftive companies.
XXVII. And be itfurther enacted. That where companies confift principally of perfons jrefiding within Y\xiit% (Jtcet'
any town of the State, and the mufter ground is at, or within one mile of the town, that all fines herein tain persona,
impofed, for not appearing at reviews or mufters, or if appearing, no.£ being properly arnjed and accoutred,
fiiall be doubled, except the per centage on their Jaft public tax.
XXVIII. And he itfurther enaSi^d, That if axiy perfop liable to do duty, fhall appear at or near the pa- Persons jip.
rade or mufter ground, during the time of any review or mufjer, and fhall not take his proper ftation, and peafig "d
perform the duty required of him by law, ^t /halj be the duty of the Commanding Officer of fhe regiment station"'Liest
or corps, t© prd^ the f?id perfon under guard, there to be detailed xiuring the time of exercife, or the ed.
fervice tiien performing, and uiitil the troops are difcharged.
3J3X. And be itfurther enaSled, That the refpe£Hve officer?, non-coramifTioned officers and privates. Pay.
when in a^uai fervice in defence of this State, (hall, from the day they are ordered on duty, be paid ac-
cording to the following rates, Ttramely : A Major-.General per day, twenty-five (hillings ; a Brigadier*
General, ditto, twenty fWllings -, Colonel or Lieutenant-Colonel Commandant of infantry per day fifteen
Hiillings ; a Major of infantry, ten fhilKngs ; a Captain of ditto feven Chilhngs an,d fix-pence ; Lieutenant
of ditto five (hillings ,• Enfign of ditto four (hillings and fix-pence ,• Surgeon of ditto feyen fhiUings anfi
fixpence ; Sergeant-Major ditto four (hillings -, Pife-Majoj- ditto four (hillings ; Sergeant of ditto three
fhiliings and fixpence ,- a Corporal of ditto three fhilings ; a Drummer of ditto thi^e fhillings ,- Fifier of
ditto three fliillings ; Private of ditto three fhillings. Lieutenant Colorvel Commandaiu of cavalry per
day twenty fhillings ; Majors of ditto fifteen (hillings : Captain of ditto twelve fhillings and fixpence ;
Lieutenant of ditto ten fliUlings : Cornet of ditto feven (hillings and fixpence ; Surgeon of ditto ten fhit-
lings ; Sergeant of ditto five fhillings aiid fix pen(pe ; Corporals of ditto five fliillings and fixpence ; Trum-
peters of ditto five fhillings and fixpence ; Private cA ditto four fhillings and fixpence, Lieutenant Colo-
nel Commandant of Aftillery, twewty fhillings ; Major, twelve fhillings and fixpence ; Captain, ten fhiU
Jjngs i Captain Lieutenant, feyen (hillings and fixpence ; Lieutenant, feven fhillings and fixpence ; Sur-
jgeon, feven (hillings and fixpence ; noi>rCommiffioned officers and privates to have the fame pay as thofe ed wh^caUed
jua die cavalry : Provided neverthelffs. That the above mentioned pay fhall pot he conftrued to be due to out by the ex.
ipiy <^cer or men of the roilitia called out at any time in purfuance of .orders from tlie Executive of the ecut've of u,
'United States, or the laws thereof. - ^^'^^
XXX' And be itfufiber enaSfd, That all other a£ls and claules oi&€ti wHck come within the mesjaing Former a<ai
and purview of thia fk£l, are herel^ i;^esiled aijd qaade void. repealed.
An act teidttr the time ef holding a <mmtji coyrt of Wafbtngton-, and for other purpofes therein mentumed. CHAF. 62
WHEREAS the time heretofore appointed for holding the county court of pleas and quarter feffions
of Wafhington county is found inconvenient, by reafon that the fitting pf^faid court m.ay frequent-
ly happen on Chriftmas day, or during the iK^ays :
I. Be it therefore enaSied by the General ApiMy of thtfiate of North-Caroliaa, and it h herSy enoBed by Washington
ffv outhrity of the fame. Hat from and aftejr the ne»t court to be hpW for the faid county of Waflung- ^°y|*^'^*®
b 9
CHAP. e*.
T. .iidolph court
wnen faeld.
CHAP. 65.
1785, 2.
1786. ^.
Pitt,
166 1800 ton, the faid-court ftiall be held on the third Mondays in March, Jure, September, and December, and
thai: every procefs and recognizance returnable to the faid court ifefpeftively ihall be returnable on the
days by this a£t appointed, and all caufes depending in tlie faid court ihall Hand continued to the faid
days. The re/f private.
An act to alter the time of holding the count f court of Randolph.
I. TJ E it enacted by the General Assembly ofthejlate oj North-Carolina, and it is hereby enacted by the authori-
JI3 *y ofthefnmey That from and after the next county court of Randolph, the fame ihall be altered
to tlie iirft Mondays in February, May, Auguft, and November, in each and eveiy year ; to wrhich times
refpeilively all fuits, procefs, and other proceedings of what kind or nature foever, that are now pend-^
ing in faid court, or which may hereafter depend therein, ihall iland adjourned to, any thing to the coilw
trary notwithilanding.
An act to alter the time of holding the county courts ^ pleas and quarter fe/Jions in the counties of Pitt y Greene and
Wayne.
WHEREAS the dpaes at prefent appointed by law for holding the county courts of the counties of
Pitt, Greene and "Wayne, interfere with the time the fuperior court of their diftridl is held : For
remedy whereof,
I. Be it enaSied by the General Affembly of the'flate of North-Carolinoy and it is hereby enacted by the authori-
ty of the fame f That from and after the paiTmg of this aft, the county courts of pleas and quarter feflions
for the county of Pitt, ihall be held on the iirit Mondays in February, May, Augutl and November, in
each and every year ; and that all matters and things now depending in faid court, ihall itand adjourned
to the firft Monday in February next, at which time the fir ft court for the faid county after the palEng of
this a£b ihall be held, and all procefs ihall be returnable thereto, in like manner as if the fame had been
fo therein expreiTed : And that the county courts of pleas and quarter feilions for the county of Greene
(hall be held on the fecond Monday in Febru;^ry, May, Auguft and November, in each and every year j
and that all matters and things now depending in faid court ihall ftand adjourned to the fecond Monday in
February next, at which time the firft court for the faid county after the pailing of this a£l: ihall be held,
and all procefs ihall be returnable thereto in like manner as if the fame had been fo therein expreiTed : And
that the county courts of pleas and quarter feiTions for the county of Wayne ihall be held on the third
Mondays in February, May, Auguft and November, in each and every year, and that all matters ani
things now depending in faid court ihall ftand adjourned to the third Mondav in February next, at which
time the nrft court for the faid county after the pailing of this aft, ihall be neld, and ail procefs ihall be
returnable thereto, in like manner as if the iame had been fo therein exprefled.
II. And be it further enaSfed, That all afts and claufes of afts, fo far aa they are contrary to this aft,
be and the fame are hereby repealed and made void.
An a£l to alter the time of holding the courts of pleas and quarter fejjions for the county of Wakey and for other purpofes,
J TJ E it enacted by the General Affembly ofthefiate of North-Carolina, and it is hereby enacted by the author
' fj rity of the famCyThzt from and after the firft day of January next, the courts of pleas and quarter-
Ceihons for the county of Wake ihall be held on the third Mondays of February, May, Auguft and No-
vember, in each and every year, to which time all matters and things pending therein ihall ftand adjourn-
ed, any law to the contrary notwitliftanding.
An aSi toprefcribe the time of holding the eleSlions in the county of Afie, and for other purpofes therein mentienea.
All private except the IV. feSlion.
IV. And be it further enaSedy That the court of pleas and quarter feflions for the faid county of Aihe, ihall,
from and after the pailing of this aft, be conftantly holden bn the Mondays follovnng the court of plea*
and quarter feCTions of the county of Wilkes, and on no other day ; to which times refpeftively all fuits,
procefs and proceedings of what kind and nature foever, depending or hereafter to depend in tlie faid
county of Afhe, ihall be and ftand adjourned to.
An aEl tofecure tothe Ptrfons ihrein mentioned Juch ^ateas they may hereafter acquire.
I. and II. Private.
III. And be it further enaEied, That ia all cafes where the wife of any perfon Is fecured in fuch property
as flie may hereafter acquire, and tlie children born fince the marriage of the faid parties, and not reinain-
Ctetne,
Wayne courts
wben held.
CHAP. 66.
Wake court
when held,
1785, 2.
CHAP. 66.*
* Misnumber-
td.
Aihe court
when held.
Ante, p. 21.
CHAP. 83.
ing with the father, fliall be confidered as orphan children, and ftiall, by the county court of pleas »nd 1800. 167
. quarter feflions, be bound to feme refpe£lable perfon, whereby they may be raifed in the habits of in- ' y •>*
duftry and morality. Provided aiways, the court may, at their difcretion, continue fuch child or children
with the mother, if it appears that the faid child or children are properly taken care of by the mother, any
law, ufage, or cuftom to the contrary notwithftandiftg. ■
THE TITLES OF THE PRIVATE ACTS.
M An afl to extend the navigation of Tranter's Creek, from the
mouth where it empties into Pamplico River, to Leas's
Point or Coley's Causeway.
30 AnaiStorepealsomiichof an a<ft passed in the year 1770, en-
titled " An a<a for the better settling, regulating and im-
proving the town of Beaufort, in the county of Carteret,
and for annexing Occacock Island to said county, " as
exempts the inhabitants of the town of Beaufort from
working on the coutity public roads.
31 An aft for cutting a Canal from the waters of New River to
the waters of Brown's Inlet.
32 An aft to clear and keep open the navigation of White
Oak River-
as An aft to prescribe tfce time in which the purchasers or holders
of tickets in the Lottery for the establishment of the Ha-
lifax Cotton Manufaftory shall bring the ss^me forward
for payment.
34 An aft to repeal an aft passed in the year one thousand seven
hundred and ninety-four, entitled " an aft to keep open
Little River and Uharie, in Montgomery and Randolph
counties, for the passage of Fish up the same, so tar as it
respefts Little River.
35 An aft to authorise Cary Pritchard of Montgomery^ county,
to establish a Ferry.
36 An aft to amend and explain an aft, entitled an aft for the bet-
ter regulation of the town of Pittsborough, in Chatham
county, pass-od in the year one thousana seven hundred
and ninety .eight.
37 An aft to anerd the second seftion of an aft, passed in the
year one thousand seven hundred and ninety-six, entitled
an aft to remedy certain inconveniences arising under the
present land laws, so far as respefls the county of Ran-
dolph.
38 An aft to amend an aft, entitled an aft to establish a town on
the lands of Fergus Sloan, in Iredell connty, and to a-
mend an aft for the division of Rowan county,
39 An aft to ereft an Academy at the town of Edenton, in the
county of Chowan, and distrift of Edenton.
40 An aft to ereft an Academy in the tov^n of Sneedsborough,
in Anson county,
41 An aft to regulate and extend the town of Sneedsborough,
in Anson county.
43 An aft to tegulate the town of Haywood, and for other pur<
poses therein mentioned.
43 An aft to call to account the Receivers of Public Monies in and
for the county of Greene, and to compel payment of |uch
balances as may appear to be due in their hands, and
for other purposes therein mentioned.
44 An aft for regulatiag, Ordinaries- and Retailers of Spirituous
Liquors by the small measure, and for appointing a Stan-
dard-keeper in the towns of Newbern and Wilmiiigton,
and to ereft a public School in the county of New Han-
over.
45 An aft to amend an aft entitled a «aiq}lementary aft to an aft,
entitled an »& for the division of Wilkes and Tyrrel
counties.
46 An aft authorising the county court of Franklin to grant li-
berty to such persons that they shall tbink proper to sell
hquois on the couit house lot.
47 An aft to empower Thomas Hover and Daniel Warlock*
Trustees of the Daniel Warlock Church in Lincoln coun"
ty, or their successors, to sell and convey part of the land
belonging to said Church.
48 An aft to prevent the working or hauling two seins at the
same place on the Peedee, Yadkin, and Catawba rivers.
49 An aft for fixing on the place for erefting a town on Broad
River,- and for building a Warehouse in the county of
Rutherford, for the inspeftion of tobacco.
50 An aft to revive an aft: entitled " An aft to amend the seve-
ral afts of Assembly now in force in this State for there*
gulation of Lincolnton."
51 An aft to repeal an aft entitled *' an aft for destroying
crows and squirrils in the counties of Mecklenbtn'g, Row-
an, and Iredell."
52 An aft to repeal an aft, entitled " an aft to authorise John
Melchor of Cabarrus county, to make a slope in his mill-
dam on Rocky River."
53 An aft to authorise the county courts of Beaufort and Onslow
to appoint persons in their respcftive counties to provide
books and transcribe the records of said counties which
may be deemed necessary.
54 An aft to irepeal an aft, entitled " an aft to empotver the
county courts of Wilkes, Burke, Iredell, Montgomery,
Onslow and Moore, to lay a tax for the purjiose of de-
stroying wolves and panthers in said counties," so far
as respefts the county of Wilkes.
55 An aft to compel the Clerk of Caswell county court to keep
his office at the court-house, or within four miles thereof.
56 An aft to repeal so much of an aft passed last session of as-
sembly, entitled " an aft to authorise the County Courts
therein named to appoint county Comptrollers," so far
as relates to the county of Robeson.
57 An aft to amend an aft, entitled •' an aft to compel the Clerks
of the court of pleas and quarter sessions in the county of
Beaufort, to keep his office in the town of Washington.
58 An aft to repeal part of an aft passed at Raleigh in 1796, en-
titled " an aft making compensation to the county court
jurors in the several counties therein mentioned."
59 An aft to make compensation to the county court jurors f«r
the counties of Rowan and Carteret.
60 An aft to authorise the retailers of spirituous liquors to ereft
booths on the public ground at the eourt-house in Cambden
county.
61 An aft to repeal an aft entitled " an aft to repeal the several
afts of Assembly empowering the county courts to appoint
PatroUers, so far as they respeft the county of Cabarrus."
67 An aft to amend an act, passed in the year one thousand
seven hundred and ninety -six, for establishing separate
Elections in the county of Buncombe.
68 An act to establish a separate election and general muster
in the county of Guilford.
69 An act to alter the place of holding the General Musters in
the second regiment in Halifax county.
70 An act granting a separate Election to four companies of
Militia in the second Regiment in Lincoln county.
71 An aft to divide the railitia of Rutherford county into sepa-
rate battalions, and for fixing en the place for holding f»-
ture Elections in the second regimeni in said co»nty.
168 1800. 72 An set granting a separ«te Election to the Inhabitants 0. tha
county of Stokes.
73 An act to anjend an act entitled " an act to grant a ieparate
General Muster, and a separate Election in the county
QfYasquotank.
74 An act granting to the inhabitants of Chatham county the
privilege of a separate Election on the South side of
Rocky River, and for altering the time of holding the se-
parate Election on the North side of Haw- River in said
county.
75 An act to grant the inhabitants of Montgomery county the
privilege of separate Elections.
76 An act granting to the inYiabitants of the county of Edge-
comb the privilege of separate Elections and General
Musters.
77 An act to empower Watkins William Wynns and William
Wallace, late Sheriffs of the county of Martin, to collect
the arrearages of taxes due them within the county of
Martm.
78 An.act to empower Isaac Nelson, Sheriff of Stokes, to col-
lect the arrears of taxes due in said county for the years
one thousand seven hundred and ninety-eight and ninety,
nine.
79 An act to empower the persons therein named to collect the
arrearages of taxes due to them in their respective coun-
ties.
80 An act to authorise and empower Hardy Bryan, late Sheriff
of Johnston county, and William Carson, Sheriff of
Rutherford county, and Thomas M'Intire, Sheriff of
fiurke county, to collect the arrearages of taxes due in
said counties for the years one thousand seven hundred
and ninety-eight, and one thousand seven hundred ^nd
ninety-nine.
81 An act to authorise Benjamin Brockett, late Sheriff of Jonet
county, to collect the arrearages due him for the years
1798 and 1799 : and Samuel Selby, late Sheriff of Hyde,
|o collect the arrearages due him for the year 1798.
43 An»ctt$>^tnei>(Ja9»«;tentirt^ "W fJ* tPfin^wer Wilr
liam Sasser, Isaac Williams, and John Stephen?, ht<i
Sheriffs of Johnston county, and others, to co'Ieclthe ar-
rearages of taxes which may be due them rerpectively for i
the years 1796, 1797, and 1798.
84 An act for the re;ief of Desdemina Christie and her children. ,
65 An act to secure to Sarah Cokely, alias Sarah Hawley, wi-
dow of VViJKam Hawley, formerly wife of Benjamin t
Cokely, such estate as &he now has, or hereafter may ac*
quire.
86 An act to pardon and restore to credit Wilnam Prather, of the
ccunty of Stokes, and a roan known by the name of i
General Wilson, of the county of Burke. 1
87 An act to pardon and restore to credit Jesse Perryt of the
county of Currituck. I
88 An act to secure to Nancy Knight, wife of Murfree Knight,
such estate as she may hereafter acquire.
89 An act to reinstate Nelson Pats to the rights and privileges '
of a citizen.
90 An act for the relief of Henry Starr, of Tyrrell county. ■
91 An act to alter the name of Thomas Mitchell, and to legiti*
mate him.
92 An act to alter the name of Tobiis Sumner to that of Joseph
John Sumner i
93 An act to alter the Names of the Persons therein mentioned, i
94 An act to alter the name of Henry Stalling, to that of Henr 1
ry Hunt. |
95 An act to alter the Names of the Persops therem mentioned,
and to legitimate them.
96 An act to emancipate certain persons therein named.
97 An act to emancipate John Samuel, the property of Fredosf
ick WiUiara Marshall, of the county of Stokes.
98 A" act to amend an ^ct passed in the year one thousand sej
ven hundred ^d ninety-six, entitled " an act makina
compensation to the owners of outlawed and executed
slaves for the counties of Bladen, Halifax, Granvilk;^
Cumberland, Perquimans, Beaufort, and Pitt," loasti)
extend the same tu'the covinty of Chowan.
99 An a^ct to liberate j^ m free the per^o^ therein n^med.
Read three times and ratified inXieneral Assembly, the ^Oth Day of December, AnnoDomjni ^800.
XOSEPH |l£I>DICK, S. 9>
i
ISOi: 169
At a GENERAL ASSEMBLY, beffun ^nd held at Raleigh, on the six- benjamin
teentji D?.y of November, in the Year of our Lord One Thousand Eight Goveraor.
Hundred and one, and in the twenty -sixth year of the Independence of \
the said State. •
An aBfor purchaftag up the Principal of the Certificate Deii of North •Carolina.
I, TJ E jV tna^ed by the General AJfembly oftheJlaU of North-Carolina, and it is hereby enacted hy the autho- CHAP. I.
J|3 f^itj of the fame. That it (hall and may be lawful for the Public Treafurer for the time being, and ireasurer to
he is hereby authorifed, to purchafe in for the ufe and benefit of the People of this State, after the firit day P"|^,**^^* P""'
jof April next, the Principal of all the Certificates heretofore iflued agreeably to the ads, and under the ^'^?p^ p_ 33 f^^,
authority of the I^egiflature of JsJorth-Carolina, which fhall be prefented to him, on or before the firft day 1802, 7.
of Odober next ; thofe iflued at "Warrenton in the year one thowfand feven hundred and eighty fix^ thofe
jflued for fervices in the weftern country, and comnMJrtly called Chickamaga Certificates, and, in fine, all ^"^^ limited.
thofe at prefent not receivable at the Treafury Office, excepted ; paying and giving for each pound of the £xcepticm«.
principaj of the Certificates, v/hich fhall be prelented to him and purchafed as aforefaid, not niore than
the fum of fifteen (liilJings, and granting to the wndor ox holder, a Certificate or Certificates for the In-
tereft which fliall have accrued thereon up to the day of ,fale ; w-hich Certificates fo to be granted as a- ^^ granta ceii.
forefaid for interefl:, (hall pafs at the Treafury in payment of lands entered, and (hall be in all refpedjs of tificate for the
^he fame value with the intar^il on certificates previous to the purchafing in the principal as aforefaid : interest.
"Provided neverthelep, that if certificates of the defcription above mentioned fliall be prefented for faJe, to
fuch unexpefted amount as ihall exceed the fiim of fifteen thoufand pounds, arid {hall, in the opinion of Limit to pur*
tlie Treafurer, too nearly exhauft the public cheft, then, and in fuch cafe, he fhall be, and hereby is chases.
vefled with difcretipnary power to purrhafe from each of the vendors or holders, in fuch proportion as in
his opinion fliall beft tend to do equal juftice to all.
II. And be it further enacted, That fuch certificates as the Treafurer may iffue for the intereft on the Certificates not
principal of Certificates, as by thi§ aft direftpd, fliall not bear any intereft, and that the Treafurer infert to bear interest,
the faine on the face thereof. ' '
An a3 to amend the feveral Land Laws in this State.
HERE AS by an aft of the Qeneral Aflembly of this State, pafled in the year one thoufand feven ^^^^' "•
^ ^ hundred and ninety-feven, all lands entered pj-evious to the firft day of January, one thoufand fe-
ven lumdred and ninety-eight, that may have been paid for as by law direfted, and not furveyed and re- 63"'|o''88 10%
turned to the Secretary's Office by the firft day of January, one thoufand eight hundred and two, are de- ne, 137. '
iclared null and yoid, which, in many inftances, will tend to the great injury of many of the good citi- isos, 14,
zens of this State : For remedy whereof,
I. Be it enacted by the General AJfembly oftheflate of North-Carolina, and it is hereby enacted by the authori'Tme. for lands
ty of the fame f That all bona fide entries of lands maide iji this ftate, previous to the firft day of January, «« be surveyed
one thoufand feven hundred and ninety-eight, which have been paid for, fliall have until the firft day of a"^** e"'««'ed.
December, one thoufand eight hundred and two, tohavefaid lands furveyed and returned into the Se-
cretary's Office ; and all fuch lands not furveyed and returned into the Secretary's Office by the day afore- \^2% '™^
faid, fliall become void, and is hereby declared lapfed lands to the State, and may be thereafter entered
by any perfon, as other vacant and unappropriated lands in this State.
II. And belt further enaEled by the authority aforefaid. That all fuch lands fo furveyed and returned into
the Secretary's "Office, the claimants thereof fliall caufe the fame to be perfefted into grants, before the ^^"0*!^^*^
firft day of January, one thoufand eight hundred and four, otherwife tlie fame fliall become null and 1303, ii,
void, and are hereby declared to be lapfed lands to the State, and may be entered again as other vacant
nd unappropriated lands in this State,
Tt
;
170 IROl,
For making
txr, &c.
Parcha?e mo-
i,ey.
Extension of
tirn-.
Further cxten^
sion, 1B02. 10,
Suspansion of
Crar.ts>
CHAy. 5.
1803, 9.
Time for tak-
ing the litt.
Justices ap»
pointed for tak'
i(ig lists.
Duty of Clerk,
Sheriff and Jus-
tices.
And whereas many perfons in this State enter vacant lands, a)id work the timber off the fame, to
their advantage, and never pay the purchafe-money into theTreafury of the State, and thea let the fame
lapfe : For remedy of fuch abufes in future,
III. Be it enaHed, That from and after the pafling of this aft, that where any perfon hath entered, or
fhali hereafter enter any vacant lands in this State, and (hall in any manner or way attempt to make ufe
I'pf any of the timber or growth on faid lands, by himfelf or any other perfon foi him, or by his permilfi-
on, before he adtually pays the purchafe-money into the Treafury of the State for the fame, fuch claim-
ant or enterer fliall forfeit and pay the fum of twenty pounds for every hundred acres fo by him entered,
and Ihall furthe^forfeit all his right of entry to faid land, and his entry (hall become null and void, and
any other perfon fliall and may enter the fame as other vacant and unappropriated lands in this State } and
fuch lail enterer Ihall and may have right to all and every advantage of the premiles when by him entered
and the purchafe-money paid : Provided^ nothing herein fliall be confl;rued to affe£t any entry of land made
and fettled on for the purpofe of improvement by agriculture.
IV. ..diid be it further tnaBed, That every perfon who fliall make ufe of the State's land, by making
therefrom or thereon tar, turpentine, fliingles, ftaves, or cutting the timber off the fame, before he fliall
have entered and paid for the fame, every fuch perfon fo offending, fliall be liable to a fine of twenty
pounds for each hundred acres by him or them entered, to be recovered in the county courts where fuch
offence fliall be committed. And it is hereby declared to be the duty of the County or State's Attorney,
adlng for faid county, on information to him made, to bring fuit for tlie recovery of faid forfeiture for
the ufe of the State.
V. Repealed, 1803, 15.
And whereas it may fo happen, that fome perfons who have made entries of land in the year one thou-
fand eiglit hundred, may not have it in their power to pay the purchafe-money into the Treafury of this
State by the firfl: day of January, one thoufand eight hundred and two, and thereby be injured by their
ejitries lapfiiig : Fcr relief of fuch perfons,
VI. Be it enaSled by the Central jijfembly of the State ef North-Carolina^ That all claimants of entries of
land made in the year one thoufand eight hundred, who fhall not have paid for the fame before the expi-
ration of the prefent year, fliall have until the firft day of December, one thoufand eight hundred and two,
to pay the purchafe-money into theTreafury for the fame ; and all entries fij paid for, are declared to be
as good and valid in law, as if the fame had been paid for in this prefent year. And the faid enterers fliall,
within two years after the faid firft day of December, one thoufand eight hundred and two, perfed their
entries by grant ; and all entries not perfected by grant within the time aforefaid, fliall be deemed lap-
fed, and fliall revert to the State.
VII. And be it further enaaedy That all fufpenfions of grants that have been granted, or fliall hereafter
be granted, by the Governor of the State, the perfon at whofe inftance fuch fufpenfion may be granted,
flia'l caufe the fame to be docketed in the court of the county where fuch land fo fufpended lies, within '
fix months after the granting fuch fufpenfion ; and on failure thereof, the faid fufpenfion is hereby decla-
red void ; and the claimant of fuch fufpended grant, on producing to the Secretary the Clerk's certificate
that faid fufpenfion hath not been carried into effeft, agreeable to the requifites of this ad, the Secretary
fliall tliereupoB make out to fuch claimant a grant for the land fo fufpended.
An aB to fix an uniform Time for taking the Lifi of Taxable Property throughout the State and for (he enforcing
the ColleBion of Taxes.
I.T> E it therefore enaBed by the General Affembly of the fate of North-Carolina^ and it is hereby enacted by the
JQ authority of the fame yThzt from and after the paffmg of this ad, the laft twenty workmg days in Ju-
ly in every year, be, and the fame are hereby eftabliftied as the time when the lift of taxable property fhall
be taken in every county in the State.
II. And be it further etiaBed, That at the refpeftive Courts of Pleas and Quarter-Seffions in each Coun-
ty, which fliall firft happen after the firft day of April m every year, the Juftices for taking the lifts of
taxable property fliall be appointed, and the Clerks of the feveral Courts aforefaid, fhall give notice thereof,
with a lift of the names of faid Juftices and of the Diftrids for which they were appointed, in the courfe
of the term in which fuch appointments are mxde, by advertifing the fame at the Court.houfe ; ^t/«<7 be
it further enaBed, That tlie clerk fliall iffue notices of fuch appointments to the Sheriff of the coimty, who
fhall fervt the fame within ten days on the Juftices fo appointed, and it is hereby declared that it fliall be
the duty of the Juftices fo appointed to advertife in the Diftri£i, at three difTerent placeSi for which he is 1801. 171
appointed, at leaft ten days before the days herein eftablifhed for giving in the lifts of taxables, the placa i*»*^-iO
whereat he will attend to receive the fame ; and if any Juftice of the Peace fo appointed, (hall becon^e in- What to be
capable, die, or remove out of the county before the duties of his appointment fhall be performed, then a- """c when Jus-
ny three other Juftices of the county (on notice of fuch death, incapability, or removal being given them (^^_ ' '' '
in writing by the Sheriff,) may, and they are hereby authorifed and required to appoint fome other Juftice
of the Peace to perform the duties of the perfon fo becoming incapable, dying, or removing out of the
County.
III. And be k further e»aBed,Thzt the juftices appointed as aforefaid ftiall, and it is hereby declared to Justices to deli»
be their duty, to deliver to the Conftables of their refpe£l.ive diftri£ts, for which they are appointed, wi^thin vej in namca.
five days after the time herein before eftablifhed, a Copy of the names of the perfons who have given in their
lifts of taxables, together with a warrant .directed to the faid Conftable, commanding him to make
.diligent enquiry for, and to fummon every perfon in his diftrift, liable to pay pubHc taxes, and who had
failed to make return on the days herein prefcribed, to appear before fuch Juftice within ten days, and
make return of his lift of taxables : And the Conftable (hall have and receive for the fervice of faid War- Constable** du«
rant, and making return of the fame, with the names of fuch perfons as he fhall have fummoned, thereon , *>'■
annexed to, or endorfed on faid warrant, the fum of two fhiUings for each and every perfon by him fo
fummoned and returned, and the faid Conftable is hereby empowered to demand and receive the fame :
Provided alivays. That on eVery return fo to be made by the Conftable, the Juftice fhall adminifter to him
an oath, in the following form, to wit : "You, A. B. do folemnly fwear, that the perfons, whofe names Constable'ii
you have returned on this warrant, are inhabitants of the diftri£l: for which you are appointed Conftable, °ath.
anyd are liable to pay taxes to the beft of your knowledge and belief ; and that you have duly fumnx>ned
%ach.and every af them, agreeable to the directions of this warrant : So help you God, "
IV. Be it further enaBedy That all and every perfon or perfons whofe names are fo returned, who fhall Twofold ta-x.
fail to deliver, or caufe to be delivered to the Juftice appointed for the diftrid, his lift of taxable property
, within the ten days aforefaid, fhall forfeit and pay a twofold tax on his own poll, and on all and every ar-
ticle of taxable property he poflefled, in the County wherein he refides, ov in any other county where he
fails to give in, on the firft day of April preceding ; ficknefs or fome unvoidable accident excepted, which
if offered as an excufe to the Court of the County, may by them be judged of. And every Conftable Forfeiture fo?
Iirho ihall negleft or refufe to perform the duties by this adt required, (hall forfeit and pay the Sum of negleft.
Twenty Pounds for every negled or refufal, to be recovered by the Treafurer or Trultee of the County,
for the ufe of the County, before any jurifdiftion having cognizance thereof
V. And he it further enaSied^ That at the Court which fhall happen firft after the expiration of the term Justice tomaJfe
of ten days afor»faid, every Juftice appointed as aforefaid, fhall make return of the lifts by him fo taken, "^s'""^" *° «"-""'
and alfo a return of the names of fuch perfons who are liable to pay the twofold tax aforefaid, agreeable
to the Conftable's return, and alfo the name of the Conftable by him employed ; and it fhall hereafter be
the duty of the Clerks of the feveral County Courts, to make return to the Comptroller of the lift of de« And clerks to
linquents returned by the Juftice, at the fame time, and under the fame regulations that he is now direft- thecomi.uoller.
ed by law to make return of the lift of taxable property.
VI. And be it further enaSfed, That all property in the feveral Counties liable to pay a tax, the owners Non-residents,
whereof are not refidents in the County where the fame is fituated, and which (hall not be returned to the
Juftice within the time herein limited for making his return, fhall be liable to pay a twofold tax, and it is
hereby declared to be the duty of the Juftices appointed as prefcribed in this ad, to make return of a lift of
fuch property and the owner's names thereof, at the time herein before limited for making his return, fo
far as he fhall have knowledge of the fame.
VII. And he it further enaSled, That the Clerks of the fever\J county courts Ihall, within tweflty days Cleik'sdwy,
after the Juftices have made their returns, iflue to the Sheriff okthe County, on application, an accurate
copy of the returns made by the Juftices as aforefaid, and on farture to iil'ue the copy as aforefaid, each
and every clerk fo failing, fhall forfeit and pay the fum of twenty founds, to be recovered before any ju-
rifdiclion having cognizance thereof; and it fhall be the duty of the Sheriff to bring fuit for the fame, and Time of colke-
recover it to the ufe of the County, and the refpedive Sheriits fhall proceed, after the firft day of March, """' ^^'
in every year, to colled the taxes, and fhall compleat the colledion of, and account for the fame with the -
Public Treafurer, on or be.^ore the firft day of Odober in every year ; And if any Sherift' fhall fail to levy si°nfl's"n«^
and colled any twofold tax incuaed by an infringement of this ad, fuch Sheriff fo failing, fhall forfeit and gi.ci.
172 ] 801. be charged by the Comptroller with the full amount of the twofold taxes fo by him ne^lefted to be ^oh
C«<^Y«»j le£led. And it (hall be the duty of the Sheriffs to collect the Conftable's fee of two (hillings in every pafe
Constable'stee, when the perfon incutring the forfeiture has been fummoned as is by this a£t direfttd j or have not gU
ven in during the term prefcribed in the firft feflion of this ^£1, and to account with the Conftable tq
whom the faid fees are coming, for every fee by hini the faid Sheri^fo ^olle£led ; unlefs f^eh perfoQ,
ihall produce to the Sheriff the Conftable's receipt for the fame.
VIII ytnd be it further emBed, That whenever the Sheriff of any County (hall have reafnn to fufpedl,
that any perfon whofe name may be on the lift of taxable property returned as aforefaid, by the Juffcice ap-
pointed to take the lift, is about to remove him or herfelf, or property, out of the County, to avpid the
payment of taxes, the Sheriff fhall have power to proceed to levy and coUeft the tax duo from (uch perfon
immediately, any law to the contrary notwithftanding : Provided, fuch Sheriff ftiall firft make oath be-
fore fome Juftice of his County, that he has juft reafon to believe fuch perfon is about to remove bim or
herfelf, or property, out of the County, before the time of the payment of his or her taxes fliall arrive, an4
obtain a certificate from fuch Juftice to that effeft.
Persons aibout
te remove.
CHAP. 4'.
imu, 11.
Comrnission-
ers.
Their doty.
Bond.
Oath.
To account
T/ith the Trea'
surer.
AUowanoe.
CHAV. 5.
Taxes on land,
town-lots and
polls.
On studhorses.
&c.
^n aSi direBing the manner in which the Conflfcated Lands Jhall infuttfre be difpofedof.
I. TO ^ *' ^facted by the General AJfembly of the Jlate of North-Carolina^ and it " hereby enacted by^ the aur
\\thority of the fame y That from and after the paffing of thj$ aft, if fhaU be the duty of the Judges of
the Superior Courts of Law and Equity in this State, at the fijrft courts they (hall attend, to appoint fome
proper perfon in each diftrift in this State, Commiflioner of con(ifcated lands, vi'hofe duty it (hall be im-
mediately to fearch for, demand and receive, all cpn(ifcated lands, and fell at public fale all that have no{
been legally fold by the Truftees of the Univerfity, or former Commiffjpners ; and if any perfon or per*
fons holding any cbnfifcated lands, (hall refufe to give up the fame, the GommiiTioners appointed as afore-
faid, are hereby yefted with full power and authority to fue for and recover the fame, under the direftion
pf one of the lawroflScers of t^e State, in any cpiir^ having cpgni^ance thereof| for the tife of the State,
as herein after direfted.
II. And beitfuriher enaBedby the authority aforefaid^ Thai the feid Commilfioners, when fo appointe,d,
{hall, before they enter on the duties of their office, give bond with approved fecurity to the court, in
fuch fum as the cpurt (hall direft, for the faithful difcharge of their diity, arid (hall take the following
oath, or affirmation, viz : "I, A- B. Conimiffioner of con(ifcati2d lands for the diftrift of do fplcmnly
and (incerely fwear (or affirm) that, as Commiffioner of faid diftrift, I will difcharge my duty to the beft
of my knowledge and ability ; So help me God,"
III. And be it further enaBed, That it (hall be the duty of faid Gommiffioners to account with the
Public Treafurer annually, for monies by them collefted in confequencc of their appointment, in the famo
manner, and under the fame rjiles, regulations and reftii£lions as Sheriffs of this State are bound by law
to do, and (hall be liable to the fame (ines and forfeitures a? Sheriffs are.
YV . And be it further enaSIed,That the f^id Commifiloners (liall be allowed ten percent, on all monies
by them collefted and paid into the Public Treafury, to be allowed and paid by tlie Treafurer on fcttle-
mont of their accoutits, who fhall be allowed the fame in fettlement of his accounts. Apd if any Com-
miffioner. appointed as aforefaid, fhall refufe to aft, die, or remove out of the difcrift for which he was
appointed, it (hall jse the diity of the Judge attending the (ucceeding court of faid diftrift where fucH
vacancy fhall have happj?ned, tp appoint another, in tlie fame naann.ef as the (irft.
An aci to r^i/e a Revenue for the payment of the Civil Lijf, and contingent Charges of the Government^ fot^ th$
' year one thoufand eight hundred and two.
I. "D E it enacted by the General AJfembly of the Jlate cf North-Carolina^ and it is hereby enacted by the autho-
J|3 fity of the fame, That for the year one thpufand eight hundred and two, a tax of eight-pence on
every hundred acres of land within this State, and a tax pf two (hillings on every hundred pounds value of
town-lots with their improvements, a*fda tax of two fliilllngs on every poll, (hall be levied, collefted and
accounted for, in the fame manjier ^dircfted by the fever al afts pf AlTeitibly in fuch cafe made and pro-
vided. ' '
jl. And be it further ena&ed, That a tax on all ftud-horfes and jack-affes witliin this ftate, of the full
fum which the owner or keeper of fuch itud-horfe or juck-afs fliall afk and receive for the feafon of one
mare, (hall be levied, collefted and accounted for, in the (jime manner as fuch taxes have been heretofore
Jlevied, cojlefted »n4 accounted for,
III. And he itfurilier snaEied^ Tliat all free males between the agci of twenty one and fifiy years ; and 1801 . 173
cU fiaves between the ages of twelve and fifty years, fnail befubjeft to pay a poll-tax. Ur*»->J
IV. Ai^d be it Jttrther enaHedi Tliat after the palling of this a^, that any perlon applying to any of the VV'liat polU are
Clerks of the Superior or County Courts, or Clerks and Mafters in Chancery, for any writ or writs, be- }^^^^}^^' , .
fore obtaining the fame, they {hall pay to the Clerk of whom it is demanded, the public tax-fee that is Revived
now payable by la\y.; and jhe Clerks flialt account for them in the fame manner as is by law required of 1802, 3.
them : Which public taxrfee the party plaintiff, on recovering a judgnjent, fhall have taxed for his bene- p- '~S4;.3.
in in the bijll ofeofls : And that fo mudi of ihe third fe<Eliou.of the 3*3: of 1784, as requires the tax- fees pealed,
to be paid at the time the fuit is ended, fliall be repealed and made x'oid..
V. And he it further enaSiedj, Xhat each and every perfon who fliall hereafter peddle or hawk goods in On hawkers &
any of the counties of this ftate, (hall firft obtain a licence from the Clerk of fome cowpty in this State, '^^'^'^''*
under his feal of oSjce } and theperfoa fo peddling and hawking, fhall pay to the Clerk before obtaining i^ij-]^^,
faid licence, thefum of .ten pounds to the ufe of the State, to be accounted for by the Clerk in the fame
jnanner as tax-fees are accounted fof ; and any licence fo obtained, fliall authorife faid pedlar to peddle
and hawk goods in any and every county in this State for the term of one year. And if any perfon ^^^^' ^'
fhall peddle or hawk goods in any county of this State without faid licence, he Ihall forfeit and pay the
fum of twenty pounds, to be recovered by the Sheriff of the county in which he fhall fo peddle, before °*^ ei'u»e.
any Juftice of the Peace, in the name of the Governor, one half to the ufe of the faid SIieiifF, and the
other half to the ufe of the State.
VI. And be itjurther enaSiedj That po_ Sinking Fu^d T^x .fli.asJl ^ pollg^cd for ihe year pne thoufand No sinking-
eight hundred and two. ' ^^^^ '»*•
An oB to prefcrtbi the pun'i/ljmeni fir Fcrgerytin certain cafes. CHAP. 6.
i. "13^ '' enacted b^ the General Ajfembly of thejiate of North'CaroUr.a, and it is hereby enacted hy the autho-
j3 rity of the/ante, That from, and after the firft day of April next, if any perfon or perfons, of their
own head and imagination, or by falfe confplracy or fraud with pthers, fliall wittingly and falfely forge or
make or fliall caufe or wittingly affent to be forged or made, or fhall fhew forth in evidence knowing . .
the fame to be forged, any deed, Jeafe or will, or any bond, writing obligatory, bill of exchange, promif- scribedf^ ^
fory note^ endorfement or aflignment thereof, or any acquittance or receipt for money of goods or any
receipt or releafe for any bond, note,4>ill, or any other fecurity far the payment of money, or any order
for the payment of money or delivery of goods, with intent, in either or any .of the faid inflances, to de-
fraud any perfon or corporation, and (hall thereof be conyidied, in any of the fuperior courts of la,v5r in
this State, fucli perfon fo offending (hall, for the firft offence, be adjudged to ftand in the pillory one hpur Punishment
and receive thirty -nine lafhes on his bare back, and be imprifoned not Jpfsthan fix months, and fined at for first <^ence,
the difcretiw of liie cpurt ;, and for the fecond off«)[ice, fliall* P" pppyiiijion, fuffer death withput henefit For second,
.of clergy.
And whereas doubts have arifen whether an a£l: pafledin the fifth year of the reign of Elizabeth, enti-
tled, f?An a£t a^ainft forgers of falfe deeds and writings," is now in force.
II. Beit enaBedf Tlvit tkp fajd ^, andevc^y pa.rt thereof^ is hereby declared to be of no force or effeft Act 5th Ei;?;
Si'ithin tli^S State. - • , declared void.
III. And be it further enaBedy That all a£\:s and claufes of a^s .conning ^Ithin the nveanmg and puryiew aH other acts
of this a£t, and contrary to the jntent and nxean.ing -thereof; are hereby repealed and made void. repeated.
An act directing the appointment jf Efcheatorif and prefcribing their duty in certain cafes. CHA.P. 7«
I. T) E it enaEled by the General Ajfembly of thejiate of l^orthrCarolinay and it is hereby enacted ky the authori- Superior courts
J|3 ty of the fame, That it fhall be the duty of the feveral Superior Courts within this State, at the court to appoint Es-
which fhall firft happen after the fir^ day of March next, to nominate and appoint fome fit perfon to be '^ ^*"''8"
Efcheator in each and every diftrift, who fhall give bond with fufficient fecurity, to be approved of by Their bondr
the court, in the fum of three thoufand pounds, payable to the Goxerppr fw the time being, and his fuo-
cefTors in ofjce, for the due and faithful performance of his duty. ,
II. Anik.be it further enaEled by the authority aforefaidy That -when ahy Efcheator fhall have information of Duty,
any land having efcheated \xrithin his diftrift, he fhall and may bring an aftion of ejedlment, on the part
of the State, againft the perfon or perfons in pofTeflion of the fanie, returnable to the Superior Court of
the diftrid where the land lieth, upon which the fame proceedings ftiall be had as in other cafes of ejeft-
Uu
174 ISOl. ments ; bur where no perfon flial! be in poiTciTion, it fhill be the duty of the Efcheator to
v«*orN») feize the faid lauds for the ufc of the State, . and (hall caufe the fame to be fold at public fale,
on a credit of one year for one moiety, and two yenrs thereafter for the other moietv, for the mod that
may be gotten for the fame ; firil giving four months notice by advertifement in the Raleigh Regi/iery or in
any gazette publifhed in the diftridt whtre the land licth, and by advertifements to be ftuck up at the courl.-
houfe of the faid diftrid, and at each of the other courc-houfes within the fame. And if any perfon fliould
\zj claim to the faid land previous to the fale thereof, he fhall notify the fame to the Efcheator, who fhal),
at the next fucceeding court of the diftrift, caufe an iffuc to be made up between the State and the per-
fon fo claiming the lands aforefaid, and a jury fhall be impannelled to try the fame, fubjedl to the fame
rules and regulations as are praclifcd in the trial of other fuits at law.
Actions oi e- Hf. jind be it further enaEied by the authority afrefaidf That when there ftiall be a judgment for the State
>c:u;«nt. in any aftion of ejeftment, or other aftion for efcheated lands, it fhall be the duty of the Efcheator to fell
the fame at public vendue ; firft giving forty days notice by advertifements to be ftuck up at the court-
houfe, and four other public places in the county where the faid lands may lie, and for allfales made un-
der this adt, he fliall give the credit aforefaid, and take from the purchafers bond and approved fecurity
for the purchafe-money, payable to himfelf for the ufe of the State, And immediately after the expiration
of the time for which credit was given, he fhall proceed to coUeft the fame, and the fame being colleft-
ed, fhall tranfmit the amount thereof to the Treaforer of this State, firfl dedu£ling ten per cent, for his
, commiOlons on the fame.
Clrarges how IV. And be it further enacted by the authprit'^ aforefaid^ That for any proper charge which may accrue in
to be pdid, efFedting the objedts of this adl, the Efcheator may grant a certificate, or counterfign the account for the
fame, and the fame fhall then be paid by the Treafurer out of any funds which may arife in confequence
of the paffing of this aft. And it fhall be the duty of the faid Efcheator, and he is hereby required to
To irakeanmi- make annually a fettlement with the Treafurer, and account with and pay to him the monies which he
al settlements, ^^y \xa.\& received ; and fhall alfo, in the fame manner, make and return to the Comptroller, a ftatement
of the bonds which he has taken from purchafers of efcheated lands, and which ftill remain in his hands
for coUedlion.
Sheriff not to V. And be it further enaEled by the authority aforefaid. That it fliall not be lawful for any Sheriff in this
stii for tajces. State to fell any efcheated lands for taxes ; and all fucb fales in future, are hereby declared illegal and of
noeffeft.
Persors not to VI. And be it further enaSled, That no perfon fhall be appointed an Efcheator who is not a citizen of
be Escheatcrs. this State or of the United States, or wh'o was not a refident in this country previous to the revolutionary
war.
Former ails re- VII. And be it further enaBedy That all adts and claufes of a£l:s coming within the purview of this aft,
peaJed. gj^^j contrary to the intent and meaning thereof, are hereby declared to be null and void.
• CHAP. 8. AnaSl to authorift the Trufteesofthe Univerfity to raife Money by way of Lattery.
Not to txceed I. T) E it enaEled by the General AJfembly of the fate of North-Carolina, and it is hereby enaEled by the authori'
20001. a year, Jj ty of the fame, T\i2X from and after the pafTmg of this aft, the Board of Truftees of the Univerfity
of North-Carolina, fhall be, and it is hereby declared to be vefted with full power and authority to raife
annually, by one or more lottery or lotteries, a fum of money not exceeding two thoufand pounds, by
fuch fcheme or fchemes as the faid Board fliall and may from time to time eltablifh.
Pow«r to ap. II. And be it further enacted. That the faid Board fhall have, and it is hereby declared to have, full
pomt commissi, power to appoint, frOTn time to time, CommifFioners tommage fuch lottery or lotteries as fliall be efta-
blifhed, and to make fuch rules and regulations, either refpefting the fale of tickets, or the payment of
prizes, or for any other purpofe necefTary to carry into efFeft fiich fcheme or fchemes as may be eftablifhed
as the faid Board from time to time fhall deem proper and necefTary, any law, ufage or cuitom to tlie con-
trary notwithflanding.
CHAP. 9. -^^ ^^' ^° amend the Militia Law pajfed in the year one thoufand eight hundred.
Ante, p. 159. !• "O^ it enaEled by the General Ajfembly of the Jiate of North -Carolina, and it is hereby enaclei by the
Exemptions J^ authority of the fame, That fironi and after the pafTing of this aft, all perfons who are liable to
from fines. do militia duty, and who ihall appear at any mufter with a mufket, rifl e, or fmooth-bored gun, fliall be ex-
empted from all fines and pen.ilties that would have attached for wa nt of equipment under the former
tnlUtia law : Provided, that at general muilers, and reyie'srs, they iiiaU appear alfo with a cartridge-box, or 1801. 175
fljOt-bae and powder-horn. v_^^^-.^
II. And he it further enadedy That every ofncer (hall be armed with afword or efpontoon. Officers.
III. And be it further enacted^ That from and after the, paffiiig of this aift, the Brig uHcr-Generals with- 30 days notice
in this State, fliall give their Commanding O.Ticers of Regiments or Corps, at leafl thirty days previous of reviews, &c.
notice of reviews and general mutters.
IV. And be itfurthtr enacted^ That the feveral Major-Generals within this State fhall review their ref- Major-Gene-
pcfl:ive diviiions once in three years, under the fame penalties as are prefcribed in the before recited rals to review'.
-aft. '
V. And le it further enaBed^ That every Captain or Commanding OfHcer of a Company, fhall once in Captiirs toex-
every three months call together and exercife his Company under the fame rules as are prefcribed by *'''^'*^ '^^"^
law. ^ .
. .VI. And le it further enaBedj That the fixteenth feftion of the before recited z€l be, and the fame Is ^^^'^ sertion of
^eteby repealed and made void. ' ^eTlld ^^ '^'
VII. And be it further enacted. That fo much of the before recited a£t as refpe£ls the appointment of Bricade In-
Brigade-Infpe£l:ors be, and the fame is hereby repealed. speaors done
VIII. And be it further enacted. That no Volunteer Company that does not exceed, at this time, feventy ^^V'
in number, fhall not hereafter exceed that number, exclufive of officers, any law to the contrary notwith- panie". ^'^^°"''
flandhig.
IX. And be itffirthet^ enacted. That all aAs and claufes of adts that come within the purview and mean- Former afls re-
ing of this a£l bej and the fame^re hei'eby repealed and made void. pealed.
An act to amend an act pafjed at Hill/borough, in the year one thoufand feven hundred and eighty-tnvo, for ejiablijb- CHAP. 10.
ing Courts of Equity, and to regulate the proceedings in appeals from the feveral Courts of pleas and Quarter-
SeJJions, to the Superior Courts of Law. - W>2, 11.
"TTt 7 HEREAS the prefent method o£ reviving fuits in Equity, where any of the parties thereto have
, V Y ^^^^ fince their commencement, by bill of revivor, is jprodu£tive of delay, inconvenience and un-
neceffary expence to fuitors : For remedy whereof,
^ I. Be it enabled by the General Affanbly of the Jlate of North-Carolina, and it is hereby enacted by the authori" Mode of pro*
ty of the fame. That where the defendant or defendants, in any caufe now depending, or hereafter to depend, cei-'iiure.
-in any of the Courts of Equity within this State, (hall die after the fervice of a copy of the complainant's
. bill and fubpcena, that it fhall and may be lawful, on fuggefting the death of fuch defendant or defendants,
to ifTue a fcire facias againft the legal reprefentatives of fuch deceafed perfon or perfons, in the fame man-
. ner and under the fame rules, regulations and reftrictions, as are ufed in fuits at common law, and fervice
of fuch writ on the legal reprefentatives, fhall be as efFeftual and valid to revive and carry on fuch fuit,
as if a bill of revivor had been filed againfl them, and they ferved with a copy thereof.
II. And be it further enaBed, That whenever a party complainant in any fuit in Equity fhall die after Legal renr»-
, filing of the bill, it fhall-and may be lawful for the legal reprefentatives of fuch deceafed perfon to carry sentatives to
on fuch fuit ; Provided, application to that effecl: be made by fuch reprefentatives, to the court in which """^ °" *"''•
fuchi fuit may depend, at or before the fecond term after, the deceafe of fuch party, and not thereafter.
III. And be it further enaBed, That in future, no bill, anfwer, or other paper or proceeding, in any fuit What papers
■ in any Court of Equity in this State (interlocutory decrees excepted) fhall be enrolled, until the caufe is '"*>' ^^ enroll-
finally decreed on, and then only upon motion by the party to take benefit by fuch decree, and the court ^ *
,,{hall have power, and are hereby directed to adjudge and determine what papers fhall and may be enrol-
led in any fuit, on motion as aforefaid.
And whereas plaintiffs in fuits brought in the Courts of Pleas and Quarter-SelTions, frequently appeal Appeals,
to the Superior Courts of Law for the purpofe of harraffing and oppreffing the defendants, by an accu-
mulation of coltfi and expences : For remedy whereof,
IV. Be it enaBed by the authority aforefaid. That whenever any plaintifl fhall appeal from the judgment Costs how to
! of any Court of Pleas and Quarter SefTions in this State to the Superior Court of Law for the diftrifl in ^^ I'*''** ^<^
which fuch county may be, and fhall not recover more in fuch Superior Couit than he, fhe or they did
j in the County Court, he, fhe or they fo appealing, fhall not recover their cofts which may accrue on fuch
'appeal, but may, at the difcretion of the Superior Court before which fuch appeal fhall be tried, be ad-
judged and made liable to pay the cofts thereof. And where a defendant or defendants in any adion of
176 1801.
In'.erest, Sic-
CHAP. 11.
Where no heir.
Widow to be
heir.
Descent where
aliens a-e con-
cerned.
Its eperaiion,
CHAP. 12.
Ante, p. 133.
Continued for
three years.
To sit not ex-
ceeding IS
diys.
{lecords to ,be
searched.
CHAP. 13.
2, ir84, r*
debt, covenant or aflumpfit, fhall appeal frotn the judgment of any Court of Pleas and Quarter Seffion*
to the Superior Court of Law, and (hal! not, on the trial of fuch appeal, d.mnnni the fum recovered by
the plaintiff in the County Court, the party fo appealing (hall be compelled to pay to the plamtift the fu.n
of ten per cent, to be computed from the time of rendering judgment m the County Court, to the tync
of entering up judgment in the Superior Court, and the lawful rate per cent, from that time, tiU the whole
debt Ihall be fully paid and fatisfied.
Anaatodirectthedefcent of Real Eflotesy in certaia cafes.
WHEREAS it is contrary to the true policy pf this Government, that lands fhould efcheat to tne
State through failure pf blood, where any relations of lUeanceftor exift, who in any cafe might,
or in iuftice ought, to inherit the eftate : ,,^,..-.-77 n j l ^t
I. Be it enacted by the General Afembfy of the fiate of iHorth-Carolma, and tt ts hereby e^a^ed by the
authority of the fanteTh^r where any perfon fhall die feized of real eftate of inheritance in this State, leav-
ing no perfon who can claim as heir to him, but leaving a widow, that the widojv m fuch cafe fhajl be
efteemed as heir to her hufband, and inherit his eliate as fuch. r • u • '■ .^.•
II. And be it further enacted. That where any perfon fhall die fejzed of real eftate of inheritance to this
State, leaving defcendants or other relations, citizens pf the United States, who would according to law
inherit, were all other nearer defcendants or relations extinft, but who, according to the now exifting
laws, cannot inherit, becaufe there may be others who, if citizens, would be entitled^ inherit, but be-,
ing aliens, cannot hold lands in this State, whereby fuch eftate would efcheat j m fnch cafe, the ne^reft^
defcendant or relation of the deceafed, being a citizen of the United Statf s, fhall mherit. ' ' ■ .
III. And be it further enaaed, That this ad fhall have operation upon a 1 eftates which at prefept would
be liable to efcheat, which have not been reduced into aftual poffefTion by th«! State, or thofe claiming,
under it, in right of efcheat, any law to the contrary notwitliftandmg.
An aa to continue longer in force, and to amend an aB paffed in the year one thoufand feven hundred and mnety.
nine, entitled « An ad direaing the Judges of the Superior Courts to meet together to fettle qyeftions
of Law or Equity arifing on the circuit, and to provide for the trial of all pert ons concerned in certaiq
W^'^"'^HERE AS the before-recited aft, in its provifions direaiing the Judges of the Superior Courts to
meet together for the purpofe of determining allqueftions of Law or Equity anfmg and remain,
ing undetermined upon the circuit, has been found highly falutary and beneficial i jd wherea. the tim,
of limitation of faid ad is foon to expiry, wdijt appears to thi^ (^^^ Aflenibly neceflary that the fam<
fhould be continued longer in force : ,. ,^ ,; /^ ;■ j v • t / ^ j 1. ^t
I. Be Uthenjore enacted by the General Affembly of ihepte of North^Carohna. and rtjs hereby enacted by th
authority of the fame, Th^ the faid aft, fo t'ar as it regards the meetuig together of the faid Judges for th
purpofesaforefaid, be, and the fame is hereby continued in force for three yeai's lon^jer , a"d the fa«
meerW of the Judges (hall he Jcnown by the name and ftile of « The Court of Conference ; aiid the f^r^
ftaU b?and coiitmucior the time laft aforefaid, under the fame riiles, regulation? a nd reftnaions, as art
provided in and by the faid recited ad, except as is oth9r>. ife proviaed u.i th^s att Conferenci
^ II. Andbeitfurtherena^edbythe authority afor ef aid, Tl-t the Ju^^ges of the fa d Court^of Conarena
.hereafter may and (hall have power to lit at each and f.^^'^^'-^^^'Z^^r^ ' 1
ing fifteen days (Sundays excepted) as jthe bu.fineApf fold gpurt ftiall require,
iv ATbi1t'fur2r Laed, That it fhall be thedutv of *e Clerk of the faid Court to permit any
W;fl:r'ttt{Tet;.s;1htofRce.^
for which he (hall be entitled to the.f.mes fees as the Clerks of the S^P^nor Cov^ « C>^^his S^^^^^
failure or refufal, the aforefaid Clerk fliall be liable to the famc> penalties as are in fuch calcs prelcr^o
for the Clerks of the Superior Courts.
.rf« «.//. ««.«^ .««^. .«^;/W « An aa to regulate and afcertai^^
tioned, and for altering the timeofholdingthe Superior Courts of Lawand^^^^^^^
in mentioned," pafed at Ne-wbern, in the r^'f/^V^^^'''^-^"^'- M^ ^e^^^^^^ deeds
H I THERE AS thi faid aa does not authorife the fucceeding SherifFs to execute and pewect atsfx^ ,
W ^^^g=^»^ ^n<i f''l« f«' ^"*^« ^""^^ ^*^' ^^■•-' ^y ^^'' predeceflors, :
I. Be it therefcrs cTJa&ed hy the General //Jimbly of the Jlate of North-Carolina, and it is hereby enaBed by 1801. 177
the authority of the fame, That where any Sheriff has fold, or fhall hereafter fell lands for the taxes due v-^i-y^O
thereon, agreeable to law, and who has died, or may die or remove, or be out of oflice, before a deed or Sheriffs' suc-
ceeds have been executed for the fame, that it ftiall be laM>ful for their fucceflbrs in office to make and ex- ^^^^°^ mo.Tjce
-ecute a dee<l or deeds to the perfon or perfons purchasing the fame, if it fliall appear the fale was bona (leeds, &.c.
fide made : Provided akuays, that before any deed or deeds fhall be executed by the Sheriff to the perfon On producin"
or perfons fo claiming as purchafers of the land aforefaid, fhall produce to the Court of the County in certain projf.
which fuch lands may lie, the receipt of the deceafed Sheriff' for the purchafe-money, and fliall alfo pro-
duce fuch othpr teftiraony to fhew that they had well and truly purchafed and paid for the faid lands, as
may by the faid Court be deemed fatisfa£tory ; and fliall alfo make it appear, 4;hat they have furveyed the
fame, and regiftered a plat thereof, agreeably to a<£l of Affembly in fuch cafe made and provided, and
alfo that they have paid the la>vful .taxes on faid lands : On which proof, the faid Court may iffue an or-
der directing the Sheriff to make and execute titles for the farne ; and all deeds made and executed con-
trary to the provifioi>3 pf this a£l, fhall be, and are hereby declared to be null and void,
jtin act to amend an act, entitled ** An aift to amend the (everal afls of Affembly now in force in this chap. 1 1.
State, which refpe<3: the entering and obtahiing titles for land?," paffed in the year one thotfand jtven Ante, p. w,
hundred atidniiuty-eight. ■ '
T ir^ E it enacted by the General Affemily oftheflate of North-Caro'ina, and it is hereby enacted by the autho' Sd section act
jj/l rity of the fame-, That the. third fe<3.ion of faid law, declaring that henceforward no duplicate war- 1798 repealed,
jrant for lands fhall be ifTued, but ott=applicatJon by petition to the General Affembly, be, and the fame And 3d section
is l^ereby repealed : And that in future, the third fedion of an ad of the General Affembly, paffed in °* a<^t cf J79S
•theyearoiie thoufand feven hundred and tiinety-fix, entitled " An ai5l to remedy certain inconveniencies ♦"/,nn^^'
arifing under the prefent * law?," be eftabliflied as the only and legal mode to obtain duplicate land war- Seven Justice*
jants : Provided, that feven ai'iiing Juftices ib^U be prefent in Cpurt at the time fuch duplicate warrant to be present,
niay be obtained.
An aE to refcnl the fourth fecmn of an act of the Gcmrai Affembly, entitled « An aft to amend an a£\:, ^nti- CHAP. IS.
tied, An act to f erf e 51 the titles of the offcers and Soldiers of the continental line of this State, and ef claims .
ants undii' entries made hi the office of John Armflrong, and other purpofes therein mentioned" ^' '
I • "IZ^ E it enacted by iheGeneral Ajpmbly of the fate of North-Carolina, and it is hereby enacted by the ttttthority ^'^^ section of
J3 pf the fame. That the fourth feftion of the above recited ad be, and the fame is hereby repealed peakdl ^^^ ^^'
and made void.
. U. And be ?V^r//^«-^«ae?«/, That all olainvi for lands by the Officers and Soldiers of the continental ^^»'""'S whtn >
line of this State, d uring the revolutionary war whh Great-Britain, and all demands for the fame, which
fhall not be applied for and received, either by the perfon who performed the fervice, his heirs or affigns,
before the firfl day of January, one thoufand eight hundred and three, fhall be fdrever barred } and no
military land warrant fhall iffue after the time aforefaid on any account whatever, any law, ufage, or cuf-
tom to the contrary notwithflanding.
. III. And be it further enacted^ That the fecond fedion of tl^is a£t fhall be publifhed for two months in 2d section to be
the State Gazette. published.
An act to amend an act, entitled " An a£l direfting the method of elefting Members of the Gfeneral AfTeni- chap. 15.
bly, and other purpofes," paffed in the year one thoufand feven hundred and fever.ty-feven. 2, 1777, 4.
I. Tl E // enacted by the General Affembly of the State of North-Carolina, That the fourteenth fe£tion of Ante, ]>. 12,
r! faid a£l be, and is hereby repealed. ^"^ct^'er^^Tet
II. Be it further enaBed, That every perfon elefted a Member of the General AfTembly, fhall, before Oaths taken,
taking his feat therein, take the path of allegiance appointed for the qualification of Members of the Gen- "
cral Affembly and Public Officers, and alfo the oath to fuppprt the Conftitution of the United States.
And if any perfon elefted a Member of the General AflTembly ihall, by himfelf or any other perfon, di-
reftly or indireftly, give, or caufe to be given, any gift, gratuity, reward or prefent whatfoever ; or give. Causes of ex-
or caufe to be given, by himfelf or any other perfon, any treat or entertainment,' either by himfelf or any piilsioi*.
Other perfon for him, of meat or drink, at any public meeting or colle£lion of people, to any perfon or
Xx
178 IfiOI
Forfeiture for
treating
SheriiTs to jiub-
lish tbl> act.
CHAP. 17.
Ante, J). 123,
138, 151.
Tavern-keep-
ers' fiaes, &c.
. pcrfons whatever, for his or their rot? or votes, or to influence him or them in hi; eleflion, every perfon
J violating this a£l, fliall, on due proof thereof, be expelled from his feat in the General AiTeinb'y.
III. lie it further enacted. That if any perfon or perfons ftia'l treat with either meat or drink, orf any
day of election, or any day previous tliereto, with an intent to influence the eleftion, every perfon fo of-
fending fhall forfeit and pay the fum of one hundred pounds, the one half for the ufe of the county where
the fame fhall be recovered, to be paid to the County Truftee ; the other half to the ufe of the perfon wha
{hall fue for the fame : To be recovered by a£tion of debt in any court of record having eognizance there-
of, with cofts.
IV. And be it further enacted, That it (hall be the duty of the Sheriffs, in each and every county in this
State, aimually to publifli this a£l:, by advertifing and reading the fame at the Court-hou(e door, on the firll
and fecond days of the County Court which (hall happen previous to the annual ele<3:ion, and aifo on the
diflerent days of eleftion, under the penalty of twenty pounds for each and every negled.
An act to amend the fever al aBs of the General AJfentbly of this State to prevent exc^ve Gaming.
WHEREAS the aforefaid a£ts have not had the ef^edt thereby intended, Therefore,
I. Be it enaaed by the General Ajfemhly ofthejlate of North-Carolinay That from and after the pafi.
fing of this ad, if any tavern-keeper, ordinary-keeper, or keeper of a houfe of entertainment, fhall fuffet
any of the games mentioned in the aforefaid, a£ts to be played in his or her dwelling-houfe, or any out-
houfe, or on any part of the premifes whereon he or flie lives ; or fliall furnifh fuch perfons with drink,
or any thing for their comfort and fubfiflence during their time of playing, he or fhe fhall be deemed
guilty of a mifdemeanor, and on convidlion thereof, fliall be fined a fum not lefs than five pounds. And
every perfon playing at any of the faid games, in manner above defcribed, fhall be deemed guilty of a
mifdemeanor, and on convittion thereof, fhall be fined a fum not lefs than five pounds.
An aB to amend an aB for the more regular colleBing payment of , and accounting for the PMic Tax, pajjid in
the year MM.
I, TJ E ;■/ enacted by the General Affembly ofthejiate of North-Carolina, and it is hereby enaBedhy the authority
XJ of the fame. That the Treafurer, within thirty days after his annual eleaion, fhall give bond and
fecurity, payable to the Governor, fufTicient to fecure the amount which fhall then be in the Treafury, to-
gether with the probable receipts for the year for which he fliall be ele£led ; vchich bond fhall be condi-
tioned for his faithfully accounting for the public money of the State an6" for his performing the feverd
duties appertaining to the office of Public Treafurer.
To be filed &c H- And be it further enaBed, That the bond fo given, together with a certificate that the faid Treafure*
' ' has taken the oath of office prefcribcd by law, fhall be filed in the office of the Comptroller, on which
fuit may be brought and judgment had, in the fame manner and under the fame rules and regulations a»
have been, or fhall be prefcribed for entering up judgments againft the feveral Sheriffs of this State.
An aB to amend the nineteenth fection of an act, entitled " An i€t for the better care of Orphans, and fecurity
and management of their Eftates. "
■^XTHEREAS great abufes frequently happen to children of colour who are bound by the County
yy Courts, by the mailer or miftrefs removing from the county where fuch children are bound, or
by taking them to fome diRant place, and there felling them to fome perfon to ferve the remainder of their
time, or as flaves ; and fuch child or children having no friend to apply to in their bthalf, for juftice to
be done them, they are often held or difpofed of as Qaves .• To prevent fuch evil and pernicious. pradices
in future, therefore, . . , .
I. Beit enacted by the General Afembly of the fate of North-Carolina, Tliat when any County Court in this
State fliall bind any orphan, or bate born child of colour, they fhall be authorifed and direded to take bond,
with fulficient fecurity, in the fum of two hundred and fifty pounds, from the mafter or miflrefs, that
they fhall not remove fuch child out of the county wlvre he or fhe was bound, and to produce him or her
before fuch Court, at any time when the faid Court may require it, and alfo to produce fuch perfon at
the expiration of the time of liis or her fervice ; and on failure thereof, the Chairman of the Court fhall,
and he is hereby required to bring fuit agaiuft fuch perfons on faid bond, for the benefit and ufe of the per-
fon bound to ferve as aforefaid.
CHAP. 18.
2, 17U, 2.
Treasurer to
give bond.
CHAP. 19.
1762, :i.
Master to give
bond.
ll. And be it fit fthet enacted t That the feveral County Courts in this State are hereby suthorifed and 1801, 1Y9
tequired to cali on all mailers and miftreffes to \Fhom any perfons of colour hath heretofore been bound v,**-v">j
by the faid Court, whofe time of fervice is not expired, to give fuffieient fecurity, in the fum of twohun- Courts to call
-died and fifty pounds, to produce fuch perfon or apprentice before them, and not to remove him or her °" Master for
out of faid county : and on failure thereof, the Chairman of faid Court is hereby required and direfted to *^'^""'^"
commence fuit for the recovery thereof, for the ufe and benefit of the person fo bound to service.
Ill And be it further enacted^ That if any perfon to whom any child of colour hath heretofore been Persons failing
bound, and whofe time of fervice is not expired, fliall fail, refufe or negleft, on notice from the Court to ^^ aipeai-, &c.
appear and give fecurity as aforefaid, it fhall be the duty of the Court, and they are hereby required to
bind fuch perfon of colour to fome proper perfon until he or (he fhall arrive to lull age, any law, ufage or
cuftom to the contrary notwithftanding : Provided neverthelefs y that nothing in this adt contained (hall fub- Not to extend
je£l any fea-fearing perfon to the penalties herein mentioned to whom any perfon fhall be bound in purfu- to ceitaio cases.
ance of this aft, if he can make it appear that the perfon fo bound to him died on a voyage, without the
limits of the county, or deferted from his fervice, fo that he could not again procure him for the purpofe of
complying with the condition of the bond,
An aB to compel perfons ivho are permitted to have their Slaves liberated, to give bond and fecurity for leepingfuch cH&P. 20.
Staves from becoming a public or county charge^ and other purpofes.
WHEREAS it has been reprefented to this General Aflembly, it frequently happens that flaves or
negroes emancipated by their owners, become a county charge ; For remedy whereof,
I. Be it enacted by the General Affembly of the /late of North-Carolina, and it is hereby enactedby the authority Persons Ii5era-
9f the fame. That from and after the pafling of this a£t, all perfons who are permitted to liberate their flaves or "."^ ^^^i T
negroes, either by an aft of the General Affembly, or by the County Courts within this State, it fhall be ^'^^ "" ' '^*
their exprefs duty to enter into bond in the fum of one hundred pounds for each flave fo liberated, with
approved fecurity 5 which bond fliall be made payable to the Chairman of the Court and his fucceiTors,
for the ufe of the poor of the County in which the flave or negro may refide, that fuch flave or negro
fhall not become chargeable on the parifh or county previous to his having the fame efFefted ; and every
perfon or perfons who fhall fail for fix months after the faid flave or flaves fhall be fo fet free, to enter into Penalty for
bond and fecurity as above direfted, fhall forfeit and pay the fum of three hundred pounds to the Wardens ""'^s'^".
of the Poor of the county, for the benefit of the poor of the county in which fuch flave or flaves fhall be
fo liberated, to be recovered by an aftion of debt in any Court having cognizance of the fame.
II. And be it further enabled, That the Wardens of the Poor in the feveral counties in this State, or any Slaves of peiv
one of them, fhall have power and authority, on application to them ma'de that any perfon or perfons are ^°"^ *^^"' '"*
about to remove themfelves out of the county, and have any flave or flaves that are likely to become a ''*'"*'*'®*
county charge, to ifTue their or his warrant to bring fuch perfon or perfons before him or them, and take
fuch fecurity by bond as may be deemed fuiHcient to indemnify the parifh or county ; which bond fliall
be made payable to the Chairman of the County Court and his fuccefTors. And in cafe fuch perfon or
perfons fhall refufe to give bond as is herein direfted, he fhall have power and authority to commit the
faid perfon or perfons, and keep him or them committed until he or they fhall enter uito fuch bonds, or
remove the flave or flaves fo about to be left, without the limits of the county, any law, ufage or cuilom
to the contrary notwithftanding.
An aB to amend an aB entitled « An aft to amend an aft, entitled An aft to prevent Thefts and Robberies chap. 21.
by Slaves, Free Negroes or Mulattoes," a W ^e a/»?«</a« ^z5, <?«^///^</ « An aft to prevent the wilful and
malicious killing of Slaves." •*^'»te, p. 8,
WHEREAS doubts have arifen under the conflruftion of the third feftion of the above recited aft,
whether perfons can be convifted and properly punifhed : For remedy whereof.
Be it cnaBedby the General Afembly of the fate of North-Carolina, and it is hereby enacted by the authority Punishment for
of the fame. That if any peifon fliall hereafter be guilty of felonioufly, wilfully and malicioufly killing any ^''^""-S * slave,
flave, fuch offender, upon conviftion thereof, on being arraigned ftands mute, or challenge peremptovlly
more than tliirty-five jurors, fhall fuffer death without benefit of clergy.
ISO
CHAP. 22.
Ante, p. 139.
154.
Act continued
for one year.
1801. An a^to cantmue In force for a longer time, aft acf, entitled « An aft for tl\e r«iief of non-commiinoned Of-
ficers and Soldiers of the Continental Line and Militia of this ftate, who have been difabled in the fer-
vice of the United States or of this State, during the late war, and who are not placed on the penfion-
lift of the United States, and are barred by the aft of limitation paffed in the year one thoufand fevea
hundred and ninety-nine,
WHEREAS it is reprefented to this General Aflembly, that fome of the perfons whq came withiji
the description and meaning of the above recited aft, have, from want of due knowledge thereof,
failed to make application for the purpofc of being put oia the penfionJift as therein prefcribed : For
remedy whereof,
I. Be it enacted by the General AJfembly of the State of North-Carolinay and it is hereby enacted by the autho'
rity ofthejame. That the faid above- recited aft be and the fame is hereby continued in force for thp term
of one year, from therifmgof the prefent General Aflembly ; and that all fuch perfons as fliall, withia
the faid term, obtain from any of the Judges of the Superior Courts, a certificate as is direfted and re-
quired by the faid aft, (hall be entitled to receive the fame allowance as he would have been entitled to
* receive had he fb applied and obtained fuch certificate vithin tlie tmst limited by the faid aft.
CHAP. 23. An aSl to alter the mode of appropriating certain Fines J Forfeitures and Amercements. .j.
Fines, &c. to !• 11 E // enaBed by the Gentral AJfembly of the State sf North-Cardinal and it is hereby enacted by the at/'
be paid to the j|j thority of the fame, That frqm and after the paffing of this aft, all fines, forfeitures or amerce-
county Tigs- ^nents, which fhall or may accrue or be impofed in any of the Courts of Pleas and Quarter Seffions with-
in this State, fhall, by their reipeftive Clerks, be acccounted for, and paid to the County Truftee,. which
monies fhall be appropriated in the payment of their jurors, and difcharging other county and contingent
charges.
Clerks to ac- II. And be it further enacted. That the feveral Clerks of the County Courts within this State, fliall an-
count annually, nually pay to the County Truftee of the County of which he may be Clerk of the Court, all monies that
*" ' • fhall be paid into his office on account of fines or forfeited recognizances, as well as all amercements, aoy
law, ufage or cuftom to the coptrafy notvit^ftanding,
Aft act to amend an aB, entitled, " An aft authorifing and empowering the County Courts of Pleas and
Quarter Seffions to divide and appropriate the Real Eftate of Inteftates," /i,?^?^ in the year one thoufand
feven hundred and eighty-fcven, ' • ' • *
WHEREAS the above-recited aft djrefts, that irj the divifionof lands among the heirs, the Comraif-
fioners appointed by the Court, fhall be empowered to charge the more valuable dividend or divi-»
dends fuch a fumor fums as they fhall judge necefTary to be paid to the dividend ordlvidends of inferior value,
within one year after the Commiffioners fhall have made a return of their proceedings ; and whereas it of-
ten happens that the ellate fo divided confifts chiefly of uncukivuted hmih^ which are an expence inftead
of bsing produftive, and will not enable the minor to pay the fum fo charged on his dividend in the time
limited, without a fale of the land fo laid off to him or them, which def)?ats the intention of ihe Legifla-
ture in'palffng the faid aft : For remedy whereof,
I. Be it fnnBed by the General Afpmbly of thejlat ■ of Ncrth-CaroHraj and U is hereby cnc.ctedbythea»t!:0'
rity of the fame. That from and after the paffing of this nft, it flia'l be the duty of the Commiflioners ap-
pointed by the Courts to divide the real eftale of Inteftates, to divide the lands of l^iid Inteftate mto e~
iqual fhares, in point of value, as nearly as poffible, by a fubdivifion of the more valuable traft or trafts
pf lands. And in cafe the fituation of the real eftate is fuch that an equal divifion cannot be made with-
out injury to the heirs, and fome of the heirs are obliged to be charged with a fum or fums of money to be i
paid to the dividend or dividends of inferior value, then and in that cafe, the fum 0|r fums fo charged on
the dividend or dividends, fhall not be payable until the minor IhalJ arriye ^%th9 z%ff pf twenty-one, any
law to the contrary notwithflanding. • •
II. And be it further enacted, That the fums fo due from the more valuable dividend or dividends, flull
bear an intereft of fix per centum per annum until paid .- Provided always, that the guardian or guardians
of fuch minor or mmors to \vhoiT\ the 4Tiore valuable dividend or dividends fhall fall, fhall at ali times be
at liberty, and is hereby required to pay fuch fum or fu.Tis, whenever afTets fhall come into his hands fuf-
ficicnt to difcharge the fame. Provided neverthekfs , t})at if it fliall appear that the guardian fliall have had
afTets in Ijis hands which he did not apply to the difcharge of the fums for which his ward is liable, he
CHAP. Si.
1787, ir.
Dntr r,f Com.
missioners.
Manner of di-
viding estates.
Jnterectcn di-
> idends.
Guardians to
)iay when as-
;;:'ets in hand.
thg fald gviardian fnall be held and deemed anfwenble and bound to pay out of his o^m\ proper eftate, a- 1801. 181
ny intereil which (h»ll have accrued thereon in cpnfequence thereof, and which might have been ftopped i^*»%-<*,>
had the fame been fo applied. On negiecf.
* guardian to paj
out of his own
/in /»<f? to afithorife the County Cavrts of Pleas and ^arter-SeJ^ons toftll the realejtate of Ideots and Lunatlcty estate.
in certain cafes. CHAP. 25.
I. Be it enacted hy the General Affemhly of the flat? of Horth-CaroUna^ and it is hereby gnawed by the authority pY^"^' ^t'
{jf the fame, That whenever it (hall be made appear, to any of the. County Courts wit hin t his State feven estates' are to ^
Juttices at leaft being prefent) either by the Wardens of the County, or guardians of fuch Lunatic or Ideot, be sold,
that the perfonal eftate of any Lunatic pr Ideot in fuch county, iias been exhaufted, or is jnfufficient for
his or her fupport, and that fuch Ideot or Lunatic is likely to become chargeable on the parifh, then and
in either of fuch cafes, the faid County Courts are, and are hereby empowered, to make anprdcr for the
faie, or for the renting of the rea} eftate of fuch Ideot or Lunatic, or any part thereof, in fuch manner,
and upon fuch terms, as they may deem advifeable. And all fales matle in purfuance of this zSt, fhali
be valid to all intents and purpofes to convey the whole intereft and eftate dire^ed to be fold by the Cpuu-
ty Courts as aforefaid, any law to the contrary notwithftanduig.
vf« ap} for the better limitation cfTTrift of Error. CHAP, 'Jo-
WHEREAS much injaftice hath of late been done by profecuting writs of error on, and reviving • j^e^e/fmg. '
ancient judgments rendered in the County Courts of this 8tate : For remedy whereof.
I. Beit enacted by the General .ij/embly of the 5tate of North-Carolina, and it is hereby enacted by the antho- Limltatpn.
rity ofthejatruy That no writ of error fhall be allowed, brought or profecuted, upon any jvidgment render-
ed in any of the County Courts of this State, but wilhin five years next after the entering fuch judgment,
and not after.
II. And bi it further enaBed by the authority of thefame^ That if any perfon or perfor.s who is, are or fhall Persons non
be entitled to profec«te a writ of error, be, or (hall be, at the time of his or her right to bring fuch writ cowpos mentis,
of error, non compos mentis, imprifoned, beyond fea?, that then, fuch perfon or perfons ftiall be at li- '^'^'
berty to bring a writ of error, fo as they bring the fame within two years after their being of found mer-
mory, at large, returned froni beyond feas,- pr pf age, as other perfons having no fuch impediment might
have done.
An aci to amend the frf feSlion of an a^, fa^edin 1792, entitled " An a£l ^ for appointing an additional Judge CHAP. 27.
of the Superior Court of Morgan Diftrift, and for the relief of perfons who have, or may hereafter * ^° cmer.d an
r r -^ i_ ' • •• .u o • I «-, r-i * 'JC entitled an
rcrfeit their recogntzances m the Superior and County Courts. ^„
I. TT) E it enaBed by the- General Affembly of theflate of North-Careltnay and it is hereby etW-cted by the authorir Witr esses ex*
f? ty of the fame. That if any witnefs who {hall be fummoned, or bound in recognizances to appear cused fromfot^
and give evidence on behalf of the State, in any of the Courts thereof, and {hall, by unavoidable acci- free"o"eosts.
<lent, or other caufe, be prevented from doing fo, fuch witnefles, on making it appear to the fatisfa£tion
of the Court which he or (he was bound to attend, ftiall, befides having his or her forfeiture remitted, be ^!^^^' P"^^®'
wholly exempt and difcharged of and from all cofts wiA >vhich he pr they would have been chargeable,
hid he or they not ao;ide fuch exctt%.
An aSl to amend an off, tfititled « An aft to feoure the iropawialTty of the Trial by /iiry, and to direft the chap. 28-
eonduft of fudges in charges to the petit jury," and to c'ire^hciv Ccnffablej in future fhall Befnvorn who
ere appointed to attend jurors on trials of civil cafs inthefeveral Courts. Ante, p 8/.
I. "OB ft' enatted by the General Affembly of the fate of Ncrth-Carolina, and it is hereby enacted by the autho- \^J'J"'"'7
X> rky of the fame. That from and after the firft day of J^ay next, it ihal' be the duty of the Clerks eSfptMU^ ^^'
of the feveral Superior and County Courts within this State, before a jury fhall be impanneled to try the
iffue or i^ues in any fuit or profecution wherein the State is a party (except in cafe of capital offences^ to
read over the names of the jury upon the panne! in the prefence and hearing of the defendant or defen-
dants, hif, her or their council i and it {hall be competent for the defendant or defendants, or their coun-
cil, for them to challenge peremptorily two jtirors upon the faid parrel, without {hewing any caufe there-
for, vhioh challenge {h?.U be allowed by the Court, and the panne! (hall then be made wp as in other
cafes.
182 1801.
Constable ii; be
iSKOxa oiKC oa-
Jv.
Formev afts re<
CHAP. 29-
178S, 32.
Courts power
t;^ icrnii ilnea.
* 9itm,
Clerks cf Sup.
C lurts to puL-
\hh a li&t cf
causes.
1790, 3.
CHAP. 30.
1723, 11.
176i, 9.
i'enalty en
^tor.ed licrses
go ng &i !s,rge.
CHAP. 31.
1, 1784, 23,
Part of Ist Sfc.
iormet aft re-
(caicd
I'un'&hment.
CHAP. 32.
2, \T77, 9.
II. y^nJ he it further enaSIed, That wlie.i any Conftable (hall be appointed cr fummoned to attend any of
the Superior or County Courts (except fuch as may be appointed to attend the Grand Jury) it {hall be the
duty of the Clerk, af the rime of the firft going out of a jury on the trial of any civil caufe, to adminif-
ter an oath to the Conftable faithfully to attend the feveral juries that fcall or may be put under his
care during that term, that (hall be charged in the trial of any civil caufe. Ajid after the faid Conftable
{hall be once fworn as herein mentioned, he iball be confidered, to all intents and purpofes, as a£iing on
oath upon the attendance of every jury that he may be called upon to attend during that term.
III. And be it further inacteiy That ail. afts and claufes of acls which come within the purview and
meaning of this aft, are hereby repealed, made void, and of none eff'eft.
Au act to amend the third fcction of an act^ entitled « An aft for appointing an additional Judge of the Su-
perior Ccurt of the diftrift of Morgan, and for the relief of perfons who have, or may hereafter forfeit
their recognizances in the Superior and County Courts."
WHEREAS the above-recited feftion diredU, that a majority of the Juftices within their refpeftive
counties fhall be prefeat at the remiffion of all fines by them iuflifted, wliich in many inftances
is found to be injurious : .
I. Be it enaHed by the Genera! Apmhly of the Jiate cf North-Carolina, and it is hereby enafled by the autho^
rity of the fame. That from and after the paflingofthisaft, the feveral County Courts of Pleas and Quarter.
Seflions in this State fhall have power to remit or mitigate all fines by them inflidted : Provided, there are
feven Juftices on the bench, and provided three of whom* (hall have been prefent when faid fine was inflift-
ed, any law to the contrary notv/ithftanding.
II. And be it further enaSlcd, That from and after the patting of this aft, it fhall be the duty of the
Clerks of the feveral Superior Courts of this State, at the rime of publifhing the rules made by the faid
Courts, as to the diftribution of the bufmefs thereof,to publifti at the fame time a lift of all the caufes which
ftiall be at ilTue on their refpeftive dockets.
An act to amend the fecondfection of an act pajed at Neivhem in the year of our Lord 11 6S, entitled, « An aft to
amend an aft, entitled An aft to reftrain the keeping of too great a number of Horfes and Mares, and
for amending the breed.
WHEREAS in the aforefaid feftion it is enafted^ among other things, that no perfon whatever in
this Province fliall fufFer or let go at large any ftoned horfe or horfes of two years old and up-
wards, unlefs fuch horfe or horfes be at leaft fourteen hands in height, under certain penalties and forfei-
tures therin fpecified ; and whereas the fuffering oFhorfes of that age and fize is found prejudicial ;
I. Be it enacted by the General AJembly of the flate of North-Carolina, and it is hereby enacted by the autho-
rity of the fame. That no perfon whatfoever in this ftate, fliall fufter or let go at large, any ftoned horfe or
horfes of two years old or upwards, upon penalty of forfeiting fuch horfe or horfes, or the fum of twen-
ty ftiillings to the taker up of every fuch ftoned horfe: Pr«W</*J the fame be found running at large, not
within the confine of any fence, water, marfli or f«v^amp, any thing to the contrary in tlie aforefaid fefti-
on notwithftaiiding.
An act to repeal part of an act, entitled «« An aft to prevent the feveral fpecies of Hunting therein mention-
ed, "faffed at Hillfhorough in the year 1784.
WHEREAS the puniOiment prefcribed in faid aft for fire-hunting is difproportionate to the of-
fence: ..... ,
^ -I. Be it therefore enaEied by the General Afemhly of the flate sf North-Carolma, and tt is hereoy enaaei
^ the authority of the fame. That fo much of the firft feftion of the faid recited aft as empowers the Court,
upon conviftion of any perfon for fire-hunting, and upon his failing or refufing to pay the fine therem mevti-
oned, to order the perfon fo convifted to receive thirty-nine laihes on his bare back, be, and the fame is
hereby repealed and made void. And upon any conviftion hereafter for faid offence of fire-huntmg, the
Court in which the fame is made, on his failing to pay the fine prefcribed by faid recited aft, (hall be, and
is hereby authorifed and empow^ered to fentence the perfon or perfons convifted, to fuch term of jmpn-
fonment as may be judged adequate to the puniftiment of the offence, not exceedmg two months.
An an to amend an aB, pafed at Netvbern in the year 1 777, entitled " An aft to prevent abufes in takiiig un
ftray Horfes, Cattle, Hogs, Sheep and other things therem menUoned.
WHEREAS the before-recited aft makes no provifion for. compelling the takei up of ftray beafts
which have been reclaimed, or died within the time limited by the faid aft, to produce a certi-
ficate thereof within any limited time, and it frequently happens that fuch certificates are withheld, con- 1801. ISS
fequently fuits are commenced by the Truftee, and on trial the certificates being producad, thereby fub- u»->r^iJ
jefts the county to cofts :
I. Be it enacted by the General Affemily of thejiate of North-Carolina y and it is hereby enacted by the authu^ Cenifi':ates to
rity ofthefamty That in future, each and every perfon taking up a ftray or ftrays, and fuch ftray or ftrays ^gP'',^^"ge*J |°
being reclaimed by the owner or owcers thereof, or dying as aforefaid, luch takers up (hall produce to certain ciics,
the P anger of the county, a certificate of the fame from fome Juftice of the Peace of his county, within
twelve months after entering fuch ftray or ftrays , which certificate the Ranger (hall note in his book and
file in his office, and fhall give a receipt for the (amej fpecifying the day and date of the entry of fuch
ftray or ftrays. And in cafe any taker up of any ftray or ftrays, (hall fail or negledt to produce a certifi- .
cate as aforefaid, he, flie or they fo failing or negle£ling, ftia'Il be fubje(a to the payment of all cofts which ^' '""''*■
may accrue in confequence of any fuit or fuits which fliall or may be brought againft him, her or them,
as fully as if no claim had been made, or death happened, any law, ufage or cultcm to tlie contrary not-
withftandirig.
An aSl to divide thefecond Brigade in the Firjl Divifion into tivofeparate and diftinSl Brigades. CHAP. 33.
WHEREAS it appears to the General Aflembly, that the fecond Brigade in the firft divifion is com-
pofed of efFe^ive men fuScient to form two, and it being at prefent divided into a number of ^^^^^ '^ '
regiments and battalions, which make it troublefome and inconvenient for the proper officers to review.
I. Be it enacted by the General /Ijjemhly ■f the fate of Horth-Carolinot and it is hereby enacted by the authority '''he two Bri-
tfthefamet That from and after "the paffing of this aftj the counties of Craven, Jones, Carteret, Beau- ga^esdescnb-
fort and Hyde, fhall compofe one Brigade, which fliall be called and known by the name of " The Se-
cond Brigade ;" and that the counties of Johnfton, Wayne, Lejioir, Greene, and Pitt, fliall compofe one
other Brigade, which fliall be called and known by the name of " The Twelfth Brigad« ■" any law to the
contrary notwithftanding.
/In aSf to divide the ftventh Brigade in the ^Fourth Divfton into tivofeparate and difinSl Brigades. chap. 3 k
WHEREAS it appears to this General Aflembly, that tlie Seventh Brigade in the fourth divifion, is
compoled of elFedive men fufficient to form two Brigades, and it being at prefent divided into a ^"P"^**
number of regiments and battalions, which make it troublefome and inconvenient for the proper officers
to review :
I. Be it enacted by the General JJfembly of the fate of North-Carolina, itnd it is hereby ehaSled By the ar/tho- The two Bri-
rity of the fame, That from and after the paffing of this a£l, the counties of Rowan and Iredell fliall compofe s^'^^s descnb-
one Brigade, which fliall be called and known by the name of " The Seventh Brigade ;" and that the coun- ^ '
ties of Mecklenberg, Cabarrus and Montgomery, ihall compote one other Brigade, which fliail be called
and kno^mby the name of « The Eleventh Brigade i" any law to the contrary notwithftanding.
jin aSl to amend an aB, entitled "An a£l concerning "Wrecks," pajed the laf fejfton of the General Jjfem- chap. 35.
bly.,
WHEREAS it is reprefented to this General Aflembly, that the fald a£l: as it now ftands, does not Ante, p. 158.
anfwer thepurpofe intended .• For remedy whereof,
I. Be it enaEled by the General Affembly of the fate of North-Carolina, and it is hereby enacted by the authori- Corrmissioners
ty of the fame. That after the firft day of^April next, it fliall and may be lawful for the feveral County Courts appo-^^l"*^"
of Currituck, Carteret, Onflow, New- Hanover and Brunfwick, and they are hereby lequired, at their firft
County Courts, and each and every year thereafter, to appoint two or more difcreet and proper perfons as "^^ S'v« ^oad.
Commiffioners of Wrecks in their refpeftive counties, for the next enfuing year, who ffiall feverally enter
into bonds, with two or more good and fufficient fecurities, in the Court of the County where they refide,
in the fum of two thoufand pounds, for the faithful difcharge of the duties of their office ; and it fliall be
the duty of theClcrks of the aforefaid County Courts, to make out a certificate to each Commiffioner ap-
pointed as aforefaid.
II. And be it further enacted, That it ffiall be the duty of the Commiffioners appointed as aforefaid, on Their duty.
iheearlieft intelligence given, or on application to them made, by or on behalf ol any Owner, Supercargo ,
qr Commander of any ffiip or other veffel being in danger of being ftranded, to command any t^her^fF or
Conft.ible ueareft the coaft where fuch fliip or other veflel fliall be in danger, to fummon as many men us
ISi 1801. fhall be thought neee/Tary to the afliftanee of fuch (hip or vc-ffel, who are to He under the direftlons qf
UonrO the Mafter or Owner ; and the Commiflloners, and all others who Oiall affift in prererving any Hiip or
other veflel in diftrefs, or their cargoes, fliall within forty days, be paid a reafonabje rewajrd by the Com-
mander or Owner of the fhip or veffel in diftrefs, or by the Merchjint whofe veflel or goodj (hall be faved;
and in default thereof, the veflel or goods fhali remain in the ciiftody pf the Comnjiffioners of Salver^,
until all reafonable charges be paid, or fecurity given fpr th^it purppfe, tp the fatisfa<ftion of the parties :
Where a disa- and in cafe the parties fhall disagree, toughing the aniouat pf the reward tp be paid the perfons employ-
greeraent, in- gj^ jj {^jjjj jjg jj^fui for the commander of fuch vefl^el fav^d, or the Owner of the goods, or Merchant
sorw to b^^ciio- intcreftcd, to choofe one indifferent perfon, ajad ^Ifo for the Ccunmiflioners or Salvers to nonjinate one
f.en, other indifferent perfon, who fhall adjuft and afcertain the fa«>e, aod fuch ad,jvi6tiiXient fhall be binding op
all parties, and to be recoverable, wiUi cpfts> in ^fly C0|jrt of r^cox4^ or *oy coinjpetent jy,tifdi£lion with-
in this State. ■
Commissioners HI. Jnd be it further enaBed^ That the Commiffioners appointed as afprefaid ft»»U not t^ke uppp their^-
not to sell, if felves any ppwer Pr authority to advertife, or in any way to difpofe of any vefliel or cargo, or s^ny part
present' ^^ ^ thereof, where there is any Owners Supercargo, Confignee, or Captain prefent, but in all things to aid and
aflift him or them, as he or they niay direft ; »nd for fuch fervices, fi^ch Cojj»nu<rioner or Cotnmiflioners
fhall be allowed a reafonable cpmpenfation, pver and abpve his falvage right^ for labour done.
Fwfeiture on \\f ^ j„(i i,g it further ena^ed, That if any perfoix befides thofe empowered by the CommifTioners, or
persoM Viusr- ^"y °"^ ®^ them, ihall enter, or etideavour to enter, on board any veflel in diftrefs or ftrauded, without the
ferinr. ' leave of the Captaio or Owner ; or in cafe any perfon fhall moleft them ip faving the veflel or goods, or
fliall deface the marks of any fuch goods before they be taken down in a hook by the CommiCioners, or
one of them, every fuch perfon ihall forfeit and pay the fuqa of one hundred pounds, to be recovered be^
fore any competent jurifdi6lion in this State, to the ufe and Ijeneht of the Owjier of the veflel or goods, a?
the cafe may be ; and in Cafe of failure to pay fuch forfeiture immediately, or give fecurity to pay the famp
within twenty days, he or they fliall be committed tp the county jail not exceeding three months. And
in cafe any goods fliall be found upon any perfon that were flolen or carried off from any veflel in diftrefs
or ftranded, the perfon upon whom fuch gopcls fhall be found, fliall, upon demand, deliver the fame to-
the Owner or CommifTioners, or to fuch other perfon as fhall be authprifed by the Owner or Commillioner
to receive fuch goods, or fhall be liable to pay treble the value, to be recpvered befpre any ccmpetent
jurifdiftipn, as afprefdid.
rfow the com- V. Jnd be it further enacted, That fl:iould any veflel or Pther property be caft afliore, within the hmljs
missioners shall ^^ ^^^ ^f ^j^^ aforefaid counties, without any perfon prefent to claim the fame as owner, the Commiflion-
oHeXms'.'" «PS, pr poe of them, fnall take poff^flipn therepf, and caufe a true defcrjptipn of the marks, numbers and
kinds of fuch goods to be advertifed in one or mprc public gizectes, for the fpace of eight weeks j and if
no perfon fliall claim the fame within twelve months, public t^e fliall be made therepf ; but if ptrifliable^
the goods fljall be fold after being advtntifed in two or more public places, -not lefs than ten, oor more
than twenty days, as circumftances may require : And after all reafonable charges dedudUd, the refidue
of the money, with an account of the whole, fliall be tranfniitted to the Clerk's office of the Court of the
Coimty where fucli vefill mav be'ftranded or goods f.ived ; and the fuid Clerk fliail make a record and keep
an account of the fame, for the benefit of the owner, who, upon proof of his property to the f^tisfailiojo
of the Conimiflioners, together with two Juftices, ftiall, by their warr:int or order, receive the fame, pay-
produce otsahs pFthe diftria^whe're fiich yefl'el or goods may haye been ftranded, under the fame regulations as if it had
St" I' tJfthe been put intp the hands of theClerk of the County Courts as aforefaid -, and fliould no perfon claim the
Pubi;/Treasu- fame wjthin a year and one day from the date of the advertifement, it fliall then and in that cafe, be the
o- duty of the Clerk holding fuch money, to tranfmit the fame, after deduamg one per cent, for his trouble,
to the Public Treafurerpf the State, for the ufjs of the State. a_ j j
Perso.s finding VI. And be it further enacted. That when any person or perfons fhaH fitid any ttranded property on or
stranded pro- ngar the fea-fliore, and no owner appearing to claim the fame, he or they fliall, as foon as pofftble after
d,'r?«hTii 1 faving the fame, give information to the neareft Commiffioner th.ereof, and tp him deliver the lame, for
y sMuac ^^^.^ j^^ ^^jj be entitled tp his reafonable falvage, to be afcertained in manner before direfted ; and
fliould any perfon finding ftranded goods or other property as aforefaid, cpnceal the fame, or cpnvprt theai
to his own ufe, or fail within ten days to give information thereof to the neareft Commiflioner of Wrecks 1801. 165
in his or their county, on proof thereof had, he or they {hall pay to tHe Commidioners ^ifcovering the fame, ' y h/
double the value of fuch property, to be recovered before any competent jurifdiftion having cognizance
thereof.
VII. And be it further enacted. That if any perfon fhall embezzle or fteal any ftranded property, or con- Persons steal,
ceal the fame knowing it to have been ftolen, fuch perfon or perfors, upon due proof thereof, fliall forfeit ing stranded
and pay to the Owner or Commiflioner, double the value of the flolen goods fo proved againil him or pfopeffy-
them, or found in his or her pofleflion, to be recovered before any Juftice of the Peace, or any other com-
petent jurifdicflion j and the perfon or perfons fo felonioufy taking or concealing the fame, fhall moreover
be liable to be profecuted on behalf of the State, and fufFer as in other cafes of theft.
VIII. And be it further enacted. That fhould any CommilTioner appointed as aforefaid, either by fraud Commissioners
or wilful negl6£t, abufe the truft fo repofed in him, he fhall, upon conviction thereof, forfeit and pay tre- a^^usiag trust,
ble damages to the party aggrieved, to be recovered, with cofts, by adiion on the cafe, in any court of re-
cord, and fhall thereafter be incapable of a£ting as a Commiflioner. And any Sheriff' or Conftable, or
other perfons fummoned as aforefaid, refufing or neglefting to give the afllftance required for the faving
any veflTel or her cargo, {hall forfeit and pay the fum of forty {hillings, to be recovered by the CommilTion-
ers ordering fuch duty, before any Jufliice of the Peace in the county where fuch duty was required.
IX. And be it further enaBed, That the CommiflTioners fo appointed, after the lirft day of April next,
before their entering into bonds, fliall, in their County Courts refpe£lively, take and fubfcribe to the fol-
lowing oath, to wit : «< I A. B. do folemnly fwear, that I will truly and faithfully difcharge the duties of Commission-
Commiflioner of Wrecks in the county of agreeably to law, and to the beft of my fkill and abili- ers' oath,
ties : So help me God." And the CommifTioners appointed as aforefaid, in their refpeftive counties,
where there may be any {Iranded or wrecked property ca{l afhore, or any Inch property coming into their
hands, where there appears no owner to claim the fame, that fuch Commilhoner fhall be allowed for his and allowance.
trouble a fum not exceeding five per cent, on the value or fales of fuch goods, in full for all fervices by
him or them performed, and no more.
X. And be it further enacted. That an aft, entitled " An aft concerning wrecks," palTed in the year one Former aft tt'
thoufand eight hundred, be, and the 'fame is hereby repealed and made void. pealed.
An aSl to amend an aB, entitled *< An aft for facilitating the Navigation, and regulating the Pilotage of the chap. 36.
feveral Ports in this State,"yj> far as refpeBs the Port ofWapington and other purpofes. 1783, 20.-
WHEREAS there remains but one Commi{fioner of Navigation, named in the fecond feftion of the
above-recited aft, for the port of Bath, now the port of Wa{hington, within the limits of the faid
town ; and whereas by the arrival of ve{rels the inhabitants of the town of Wa{hington are frequently ex-
pofed to the importation of infeftious and contagious difeafes : For remedy whereof,
I. Be it enacted by the General AJfembly of the fl ate of North-Carolina, and it is hereby enacted by the authority
of the fame. That Ralph Potts, Walter Hanrahan, Lewis Leroy, and William Kennedy be, and they ^^"^ commis-
are hereby appointed CommilTioners of Navigation of the port of Wa{hington, in addition to the furvivors, *'°°*"*
which CommilTioners and their fucce{rors, are hereby ve{led with the fame power and authority the firft
QommilTioners were entitled to, or would by law have ufed or exercifed : And whenever any vacancy
fhall happen, by the death, removal or refignation of either of them, fo as to reduce their number lefs than le^i^fut'** **
five, fome other perfon or perfons fhall be elefted by the freemen of the town of Wa{hington, at the fame
time, and in the fame manner, that Commi{rioners of the town aforefaid are elefted. Provided neverthe-
lefs, that no perfon {hall be eligible as Commilhoner of Navigation for the port of Wa{hington, who is. not
a refident of the faid town, and who does not po{refs a freehold within the fame.
II. And be it further enaEled, That every Pilot afting under the authority of any of the Boards of Com- P'lo'«togtve
milFioners of Navigation for the ports of Newbern, Wa{hington, Edenton, or Beaufort, fhall, within fix
months after the pafllng of this aft, enter into bond, with two or more fu{ficient fecurities, in the fum of
five hundred pounds, for the faithful difcharge of the duties of their o{fice, payable to the faid Boards of
CommiflTioners refpeftively, and fhall and may be put in fuit by the party grieved for any breach thereof,
and recovery had thereon in an aftion of debt in any court of record having cognizance thereof, to the
amount of the damage fu{lained by the party at whofe in{l:ance fuch fuit fhall be brought.
III. And be it further enaBed, That none of the Pilots of any of the faid above-mentioned Ports, fhall ex- Vessels under
aft pilotage from any ve{rel belonging to any citizen of this State going to or coming from any of the pa/puotager
Z z
186 1801, ports of the United States, which fhall be under the burthen of fifty tons, unlefs fuck veflel fhall have gi-
u-'-v^o ven a fignal for a Pilot, or otherwife (hall require to be carried in by a Pilot.
Part of former IV. And He it further enaBedy That fo much of the above mentioned a<2 as comes within the purview
and meaning of this aft, is hereby repealed and made void.
a^ repealed.
CHAP. 37. An act to repialfuch parts efthefeveralacCs ofAjembly now in force, as refpeets the tiniejor electing Reprefenta-t
tives to Congre/s. HAD ITS EFFECT.
CHAP. 39. An act to repeal the firjl fection of an act, entitled **An aft for appointing Commiffiioners to ex,tend the
boundary line of this State and the State of South-Carolina," pajfed in 1796. repealed, 1803, 6.
CHAP. 40. * ^" ("^ to repeal a part of the Inspection Laws now in force in this State. JlEPEALEDf 1802, 2.
CHAP. 48. '^" "^ ^0 1^^*^^ th^ *i*nf of holding the county Courts sf Pleas and garter Seffions of Cumberland^ Sampfon and
Richmond.
I. and II. Repealed, 1 803, 69.
Richmond. ^^^' "^"^ ^^ it further enaSted, That the County Court of Richmond fhall hereafter be held on the fecond
#.nte, p. 145. Mondays in the months of March, June, September and December ; and that the faid Court which fliall
be held on the third Monday in January next, fhall ftand adjourned to the fecond Monday in March fol-
lowing, and all procefs iffuiqg therefrom fhall be made returnable accordingly. And all afts and claufes
of afts, coming within the purview and meaning of this aft, be, and the fame are hereby repealed and
made void.
CHAP. 68.
Part of Pitt to
Ldgecomb.
CHAP. 70.
Part of Tyrrell
to AVashjrg-
tor).
An aEl to annex part of Pitt County to Edgecomb. •
I- "|3 E it enacted by the General Affembly of the Jlate of North-Carolina, and it it hereby enaBed by the
_f_j authority of the fame. That from and after the palling of this aft, all that part of Pitt county, bound-
ed as follows, (hall be added to the county of Edgecomb : Beginning where Edgecomb eounty-line crof-
fes Coneto Creek, near Samuel Crifp's ; then down faid creek to Chriftopher Harrod's plantation ; then
nearly Weft to Edgecomb county-line, fo as to include James Summerlin ; and all that part North of faid
line (hall hereafter be part of the county of Edgecomb, and under the fame rules and regulations as the
faid county of Edgecomb is or may be : Provided, That nothing herein contained fhall prevent the Sheriff
of Pitt county from coUefting the taxes due from the faid inhabitants.
II. Private.
An aB to annex part of Tyrrel to Wajhington County.
E it enacted by the General Affembly of the fate of North'Carolina, and it is hereby enacted by the author
I rityofihefame. That from and after the pafling of this aft, all that part of Tyrrel lying and being
on the South and Weft fide of Indian Swamp, and the canal beginning at the prefent dividing line of faid
counties, in fuch place as Ihall make a ftraight courfe to the centre of the Indian Swamp Bridge, thence
in a ftraight direftion to the mouth of the canal, thence up faid canal to Lake Phelps, thence a South courfe
to Hyde county-line, fliall remain and conftitute a part of Wafliington county. The refi private.
An act to anneie part of the county of Craven to Greene.
T) E it enacted by the General Affembly of the Jlate of North-Carolina, and it is hereby enacted by the autho*
CHAP. 71.
Part of Craven I-
to Grccae. JJI rity of the fame. That from and' after the pafling of this aft, all that part of the county of Craven
lying in the fork of Great and Little Contentnea Creek, fhall be, and the fame is hereby added to the
county of Greene to all intents and purpofes whatfoever : Provided, that nothing herein contained fhall
prevent the Sheriff of Craven county, from coUefting the arrearages of taxes which were due before the
paffing of this aft, m the fame manner and under the fame rules, regulations, and reftriftions as if this
aft had never been pafTed -, any thing to the contrary notwithftanding.
CHAP. 12,, ^^ ^^f fg annex part of the county oj Beaufort to Craven county.
WHEREi\S it is reprefented to this General Affembly, that it would be of confiderable utility to a
number of pcifons to annex that part of Beaufort county that lies between Jones's and Bay Ri-
vers, to the county of Craven :
I. Be it enaSfed hy the General AffemUy ofthejtate of North-Caroltttat and it is hereby enaBed by the author 1801 1-87
tity of the famey That from and after the pafling of this aft, all that part of Beaufort county that lies u-'v^O
within the following bounds, viz. Beginning at the head of Jones's Bay, and running a direft line to Bay I'art ot Beau-
River Bridge, near Palmer's cabbins ; thence down the meanders of faid Bay River to Jones's Bay, thence ^^" *° Craven,
with faid bay to the beginning.* ' • fie annexed
II. Repealed, 1803, 57. totbeCounyof
III. and IV, private.
Craven^
THE TITLES OF THE PRIVA'TE AGtS/
58 An adl to repeal an afi, entitled " an aiJl to improve the Na-
vigation of Great Contentnea creek, parsed at Raleigh in
the year one thousand seven hundred and ninety-six.
41 An aA to establish a company for the purpose of facilitating
the Navigation of Neuse River, frcni Smithfield te the
mouth of Grabtree Creek.
42 An aft to open and make navigable tishing-creeki from the
mouth thertof as far as may be pra^cable.
43 An afl to improve the Navigation of the Catawba River,
from the South-Carolirta line, as far dp as the same may
be pra<£licab!e.
44 An aft to repeal an aft pasted last session of the General As-
sembly, entitled " an adt to clear and keep open the Na-
vigation of White-Oak River."
45 Ah 3(51 to repeal an a<ft passed in the year t794, entitled " an
aA to keep open Little River and Uharie, in Montgo-
mery and Randolph cotinties, for the passage of fish up
the same."
45 An aiS to amend part of the fifteenth seflion of an aft pas-
sed last session, entitled " an aft to revise and amend
the Militia Laws."
47 An aft to revive and contintie in force, an aft, entitled •• an
aft for running the Boundary Line between the Counties
of Montgomery and Moore," passed in 1798.
49 An aft to establish an academy in the city of Raleigh.
50 An aft to revive an aft, passed in the year one thousand se-
ven hundred and ninety-four, for the regulation of the ci-
ty of Raleigh, and to amend the same.
51 An aft for establishing an Academy in the county of Du-
plin.
52 An aft to atithorise and empower the Trustees of Newbern
Academy to raise, by way of lottery, a sum of money
for the purpose of building an Academy on the school-
house lot in the town of Newbern.
,53 An aft to promote Science and Learning in the county of
Rockingham.
54 An aft for the further regulation of the towns of Edenton
and Wilmington.
Jio An aft to regulate the town of Nixonton, in Pasquotank
coursty, and for other purposes therein mentioned.
56 An aft for the better Regulation of the town of Windsor, in
Bertie county.
57 An aft for the better Regulation of the town of Waynesbo-
rough.
58 An aft for the regulation of the town of Sneydesbotough, in
Anson county.
59 An aft to amend an aft establishing the town of Chariotte,
in the ccuity of Mecklenburg.
60 An aft for the regulation of the town of Statesville, in the
County of Irtdell.
61 An aft to a mend an aft, entitled " an aft establishing a town
»t ih^ Court- House in the county of Buncombe.
d2 An aft to alter the Name of Elizabeth-Town, in tlie county
of Pasquotank, to that of Elizabeth-City ; and the name
bf Elizabeth-Town, in the county of Tyrrell, to that of
Columbia.
63 Ail aft to amend an aft, entitled "ati aft to lay oiFand es«
tab'i5h 4 Town hear Fort Johnston, on the West Side of
Cape Fear River, in Bruiiswick county,"
64 An aft to establish a Town at or near Wood's Ferry, on
Hasv River, in Orange county , and other purposes there,
ill mentioned.
65 An aft to amend an aft, entitled " an aft for fixing on the
Place for erefting a Town on Broad River, and for build-
ing a Warehouse in the County of Rutherford, for the
I nspeftion of Tobacco,
66 An aft to empower the county court of Chowan to apportion
the duties of the Inspeftors of merchantable commodi-
ties of the said county.
67 An aft to establish an Lrpeftion of Tobacco on Dan River,
on the land of colonel Absalom Bostick, Stokes coun-
ty.
69 An aft to confirm the Titles to lands catered in Beaufort or
Martin counties, and to ascertain the boundaries of the
said counties.
73 Au aft direfting the rtjanner in which the Sheriffs of Bun^
combe and VVilkes counties shall hereafter colleft and
pay out the Taxes of said counties, and other purposes
therein mentioned.
74 An aft to authorise the County courts of Johnston, Wayne,
Lenoir and Greene, to appoint some proper person or
persons to provide books and transcribe certain old rei
cords now in the county of Lenoir.
fS An aft to empower the County court of Franklin to appoint
a proper person to copy the Register's books of said
county.
76 An aft for transcribing cert^n records in the county of Per*
quimans.
77 An aft making further compensation to the superior court •
Jurors for the distrift of Wilmington.
78 An aft making compensation to the Jurors of Johnston coun-
ty court.
79 An aft to alter the mode of raising money to defray the ex.
pences of the Jurors from the County of Buike to the
Superior and county courts, and other purposes therein
mentioned.
80 An aft to revive and continue in force an aft passed last ses-
sion of the General Assembly, making compensation to
the County courts, Jurors for the counties oi Rowan and
Cirteret, so far as relates to the county of Rowari.
81 An aft making compensation to the Jurors of Craven county
court.
82 An aft making compensation for the Jurors of Chowan
county.
188 1 801 1 W An afl to empower the Ccunty court of Chowan to lay a tax
• ^mym,^ on *he inhabitants of th&said county, for the purpose of
^^^^ building a house for the reception and employment of the
poor thereof.
S4 An ail to empower the Wardens of the Poor for the county
of Franklin, to lay an additional tax for the support of
the poor of said county,
85 An aft to empower the County courts of Wilkes, Moore and
Ashe, to lay a tax for the purpose of destrojing Wolves
in said counties.
86 An aft to empower and authorise the Wardens of the coun-
ty of Washington to lay a tax sufficient for the support
of the Poor of said county.
87 An aft to authorise the Wardens of Duplin county to lay a
tax tor the purposes therein mentioned.
88 An aft respefling retailing spirituous liquors in the counties
therein mentioned.
89 An aa to amend an aft passed at the last session of the Gen-
eral Assembly, entitled " an act to call to account the
- Receivers of Public Monies in ard for the county of
Greene, and to compel payment of such balances as may
appear to be due in their hands, and for other purposes
therein mentioned."
90 An act for regulating ordinaries and retailers of Spirituous
Liquors by the small measure in the town of Tarborough,
and to repeal part of an act, entitled " ah act to amend
an act, entitled an act for the better regulation of the
town of Tarborough," passed in the year 1791.
91 An act authorising the Treasurer of Public Buildings for
Craven county to call delinquent Sheriffs and Commissi-^
oners in the district of Newbcrn to ^n account for district
, monies.
92 An act to amend an act, entitled "an act to re|)eal an act
passed in the year one thousand seven hundred and nine-
ty-five, entitled an act for appointing commissioners to
fix on a proper place in the county of Wilkes, and to e-
rect thereon a court-house, prison and stocks, for the
use of said county, and for other purposes rtlative to said
county of Wilkes," passed in the year 1799, and for
other purposes.
93 An act to quiet in the possession of John Donnell, certain
lands therein mentioned.
94 An act to secure and confirm the rights of the escheated
lands of Murray, Hughey and Grimble, which is in the
counties of Montgomery and Cabarrus, to the holders pf
the same.
95 An act to authorise and render capable in la%Y Mary Roberts,
wife of William Roberts, by her husband, and Edwaid,
Lydia, Susannah, Henry, Margaret and Sarah Bennet,
children and heirs at law of William Bennet, deceased,
hv their Guardian or Guardians, to s?il and convey, un-
der the direction of thecountv court of Chowan, certain
real Estate therein mentioned.
96 An act to enable James M'Kee to inherjt and recover the es-
tate of William Cronicie, deceased,
97 An act to quiet in the possession of Mary Young the right
of certain lands therein mentioned.
98 An act to re-establish the separate battalion muster at the
plantation of James Atkins, in Cumberland county.
99 An act to establish two separate elections and a general mus-
ter in the county of Bladen.
100 An act to ame^id the several acts of assembly granting ser
parate elections in the county of Chatham.
101 An act to amend an act, entitled " an act granting to the
inhabitants of Brunswick county the privilege of sepa-
rate elections, and to amend the laws for granting separ
rate elections in the county of Wilkes."
102 An act to establish two separate battalion musters in the
county of Surry.
J03 An act to alter the place of holding a separate election in
the county of Cqrrituck.
104 An act granting to the Inhabitants of the upper and lower
parts of the second regiment of the Militia of Rowau
county, the privilege of holding separate elections from
that he d in the town of Lexington.
105 An act to grant a separate election in the county of Samp-
son.
106 An act to amend an act passed the last General Assembly,
held at Raleigh, in the' year of our Lord one thousand
eight hundred, granting to the Inhabitants of the North
and Western parts of £dgcomb co^uity, separate elect-
ions and General musters.
107 An act granting a separate election and general muster to the
inhabitants on the north-east side of Deep River, in the
county of Randolph.
108 An act to establish a separate election in the county of Nash,
109 An act to alter the time of holding the Section in the coun-
ty of Duplin.
110 Ana(ft granting additional elections in the county of New-
Hanover, and for other purposes-
Ill A" aft to amend the third seftion of an aft, entitled " an
act granting a separate eleftion to the inhabitants of the
county of Stokes." passed last session of assembly.
112 An act to regulate the mo^e' pf holdmg separate elections, i
and granting separate battalion musters in the county of
Lincoln,
113 An act granting three separate elections to the inhabitants
of the county of Onslow.
114 An act to alter the time of holding the several elections in
the county of Halifax.
115 A" act to grant to the inhabitants of the East end of Car-
teret county, a separate General muster,
116 An act granting aseparate election in the county o/' Rock*
ingham.
117 An act to amend the law fixing the days of holding the
elections in the county of Edgeccmb.
118 An act to compel the clerk of Granville County court, t«
keep his office at or within two miles of the court-houseJ
119 An act to compel the clerk of Rockingham County court ta
keep his office at the Qourt-house, or within two milet
thereof.
120 An act to compel the clerk of the County court of Ashei
keep his office at the court-house, or within three milea
thereof,
121 An act to compel the clerk and Register of the county i
Tyrrell to hold their offices within said county.
122 ^n act to empower William Goodman, late Sheriff of Le
noir county, to collect the arrearages of ta.xesdue himi
said ctunty for the year one thpusand seven hundreds
ninety-nine.
123 An act for the relief of Andrew Muidock, late SherifT*
Orange county.
^24 An act to authorise the administrators of Malcolin M'Ne5|l
Esquire, late Sheriff of Moore county, deceased, tc fiiT
ish the colieci ion of public and other taxes of the sa*"
county, for the years 1798 and 1799.
135 An act to authorise Davji Dickey to collect the arrearag
of taxes due him as Treasurer for the county of Ruib'
ford.
126 An act to empower the securities of James Bonner, la
Sheriff of Beaufort county, to collect arrearages of tax^
127 An act to empower Abijah Bell, late Sheriff of Carter
county, to collect the arrearages of taxes due him.
138 An act to prevent the fatal effects of the Murrain Dittc
per arrong cattle, so far as relates to the county
Granville.
X29 An act to amend an act passed at Newbern in the year i
thousand seven hundred and seventy-seven, entitled «^
act declaring what fences are sufficient, and to pix
areniedy forabuse."
130 An »« to ^point avd empewer coinmi»sion«rs to coat
with Phi'ip Hoodenpyle and Job Bamatd, for certain
improvements on the Warm Spring' Road,
131 An act to repeal part of the second section of an act passed
at the last session, entitled " an act to authorise Gary
Pritchard, of Montgomery county, to estahlish a Ferry."
132 An act to authorise George ilcisfr, of the county of Cabar-
rus, to extend a mill-Jam across K.ocky River.
133 An act to repeal an actjjpaBsed last session, entitled "an
act for the relief of Henry Starr, of Tyrrell county-"
131 An act to alter the names of the persons therein nient.onrd,
and to legitimate them.
135 Anacttoamendan act, entitled " an act to secure tocer- 1801, 18§
tain persons therein mentioned stioh property as they
may hereafter acquire," passed the last General Assem.
bly, so far as respects Dinah Sawyer, wife of Willis
Sawyer, of Camden county.
136 An act to confirm the name of Willis Watson, of the
county of J-hnstoo.
137 An act to alter the names of the persons therein mentioned.
13ii An act to jmrdon and restore to credit Sherrod Barrow, of
the county of Greene.
Read three times and ratified in General Assembly, the 19th Bay of December, Anno Donuni. 1801.
Joseph Reddick, s. s.
StepHEIS CAifARRUS, S. H. C
3A
190 1802.
miUmmvmmtatmmtmmmmm
.T/iMEBTuR. At a GENERAL ASSEMBLY, begun and held at Raleigh, on the fif-
v'rL^'^' ^°' teenth Day of November, in the Year of our Lord One Thousand Eight
Hundred and Two, and in the twenty-seventh year of the Independence of
the said State.
CHAP. 1 , M acl to earn into tffecl a contraci between ihejiate of North Carolinay and Phineas Miller and Eli Whitney,
WHEREAS Eli Whitney, the inventor and patentee of a machine for cleaning cotton from the feedsf
commonly called a Saw-Gin, has propofed and ofFered, in behalf of himfelf and Phineas Miller,
affignee of one moiety of the patent-right to faid machine, to fell to the State of North-Carolina, the fole
and exclufive right of making, ufing and vending the faid machine within the limits of this State : And
whereas the cultivation of cotton is increafing in this State, and from the invention and ufe of faid machine
likely to become a valuable ftaple article of exportation, it is expedient that the State of North-Carolina
do purchafe from the faid Miller and Whitney, the patent-right to the making, ufing and vending the faid
new invention of a machine for cleaning cotton from its feeds, comftionly called a Saw-Gin, on the terms
and conditions herein after mentioned ; that is to fay, that there fhall be laid and colleded by the State of
Terms cf con- North-Carolina, on each and every faw-gin which (hall be ufed in this State, between the paffing this aft
''■*'^* and the firft day of April next, a tax of two {hillings and fixpence upon every faw, or annular row of teeth,
which fuch gin may contain ; and a tax of two fhillings and fixpence for each and every faw, or annular
row of teeth, which fhall be ufed in faid gins, in each and every year, for the term of five years thereafter.
Patent right to Provided, that the aforefaid Miller and Whitney, before they fhall receive or be entitled to receive any of
be ^reduced, ^.j^^ money collefted by virtue of this aft, (hall pfoduce their patent-right aforefaid, and fatisfy the Trea-
furer that they are the true proprietors of the fame ; which tax, when colle£led, to be paid to the faid
Miller and Whitney, or their order, firft deduding the Sheriff's ufual commiflions of fix per cent, for col-
ledlion from year to year, for the term aforefaid ', The fitft payment to be made on the firft day of De-
Time of pay- cember, in the year of our Lord one thoufand eight hundred and three, and thelaft payment on the firft:
'"^"'* day of November in the year of our Lord one thoufand eight hundred and eight : For which purpoffr.
Faith of the I- Seit emaed by the General Assembly of the State of North Carolina, and it is hereby enacted by the author
State pledged rity of the fame, That the good faith of this State be and the fame is hereby declared to be pledged for
for the co;iecti- ^j^g ^^^ colleaion of the faid tax for the term aforefaid, and for the regular payment thereof, from year ta
on of -.he tax. ^^^^^ ^^ ^^^ ^^^ ^^^ ^^^^ heiott mentioned ; and for the paffing of fuch laws as may be neceffary for
the due and faithful collection and payment of faid tax, and for the purpofe of carrying this contract
intoefFe£l, according to its true intent and meaning.
Provisions pre- II. And be it further enacted, That all perfons who fhall ufe, from and after the paffing of this aft, any
paratory to lay. faw-gin, (hall make return thereof to the firft county court which ftiall be held in each and every county
u'g the tax. pf jjjjg gjjjtg^ gfjg, f jjg flj.fl. jgy of February next -, which return ftiall be made on oath, to be adminiftered
by fome Juftice of the Peace, and (hall ftate the number of faws contained in any gin which the perfon
making fuch return (hall have ufed fince the paffing of this aft, and before the time of making affidavit
ss aforefaid ; and the returns ftiall be filed by the Clerks of the refpeftive county courts, and a tranfcript
or lift of the fame ftiall by them be forwarded to the Comptroller, within ninety days after the rifing of
their refpective courts hereby appointed for giving in -, and another tranfcript or lift, within five days
after the rifing of each and every court as aforefaid ftiall be delivered to the Sheriffs of their refpe£live
counties, which fhall ftate particularly the names of the perfons who have made returns, and the numbers
of laws by each perfon refpectively returned.
TaxTfSs 6d, III- And be it further enaaed. That a tax of two fliillings and fixpence fhall be, and is hereby laid on
on every taw. each and every faw, or annular row of teeth, in each and every faw-gin for ginning of cotton within this
btate, to be paid by the owner thereof, who Ihall have ufed the' fame after the paffing of this act, and pre-
Viods to'the firft day of April next : And the SheriiTs of the leveral counties of this State are liereby au- 1802. 101
thoriled and empowered and directed, to levy and collect the fame under the fame rules and regulations u*<«v>.^
as are prefcribed by law for the collection of public taxes, and (hall relpectively account for the fame. Sheriffs to be
under the fame regulations and penalties as they are fubject and liable to in their refpective fettlements *ccountable.
with the Comptroller and Treafurer. And any perfen or perfons failing to make return as aforefaid, ftiall
be liable and fubject to the payment of a double tax, to be collected by the SheriflFs of the refpective coun- P*"*^*'" "»
ties,. in the fame manner as other doub'e taxes are levied and collected in this State } and the faid Sheriffs wmXrererf.
fhall account for the fame as for the public taxes, and (hall pay to the Public Treafurer the one half of the
double tax which he Ihall be bound to levy and collect. Provided neverthelefs, that if by ficknefs, or other
unavoidable accident, any perfon or perfons (hall be prevented from making returns of their gins as re-
<iuired by this act, the county courts of their refpective counties fhall have power to relieve them from the
payment of the double tax, if the fame fhall be made appear, at any time before the time of colle£tion.
And whereae returns will in many cafes be made before the firft day of April, and many perfons may
fetf up and ufe gins after the time prefcnbed by this aft for making returns, and before the faid firft day
of April next : '
IV. And be it further enacted^ That it fhall be the duty of the Sheriff of the counties of this State, to Provision
coileft from all perfons the tax aforefaid, who fhall have ufed the faid gins before the faid firft day of ^^^""^ S'"* *•"«
AprU next ; Provided neverthelefs y if the faid gins fliall have been fet up and ufed between the time requi- t^' "P ^^'"h^'I
red by this aQ to be returned, and the faiJ firft day of April, the fame fhall be only liable to the payment £0?^!^ re-
Ofafingletaxi ^ * turns.
y. And he it further etiamdy That a tax of two (hillings and fixpence be, and the fame is hereby laid. The tax to be
«nd (hall be colle^ed annually in each and every year (exclufive of the tax herein direfted to be Golle£ted laid umil the
for the ufe of faid gins, from the time of palling this aft until the firft day of April next) for the year one ^^^^ '^^'^^'^•
thoufand eight hundred and three, one thoufand eight hundred and four, one thoufand eight hundred and
five, one thoufand eight hundred and fix, and one thoufand eight hundred and feven, on each and every
faw, or annular row of teeth, contained in each and every gin for ginning of cotton, which fhall be ufed
m any and every county within the limits of this State, to be paid annually by the perfon owning or ufing
VL And be it further efiaBed, That it fhall be the dutf of all perfons, for the year one thoufand ei'^ht Persons to
hundred and three, and for every year thereafter to the year one thoufand eight hundred and {Qveuy inclu- "^a^e returns cf
five, at the time of making returns of their taxable property, alfo to make return, on oath, to the Juftice of other"[^aw/"
the Peace appomted to take lifts of the fame, of the number of faws, or annular rows of teeth, contained proijeny.
in each mnd every gui for cleaning cotton which fliall, at the time of giving in, be in his, her or their pof-
feffion, for the purpofe of being ufed in the refpeftive years for which the fame is returned ; and on fai-
lure thereof, ftiall be liable to the fame penalties he, (he or they fhall be liable to for failing to make return
of other taxable property. And the Sheriffs of the feveral counties of this State, are hereby authorifed
and empowered to colled, for each and every year, for the term aforefaid, at the time of colleding other
taxes, the faid tax of two (hillings and fixpence on each and every faw, or annular row of teeth, contained
in any gin or gins, in their refpeftive counties, within each and every year, every perfon is or are liable to
pay a tax under and in purfuance of this ad, in the fame manner and under the fame rules and regulati-
ons as are prefcribed for the colleaion of other taxes ; and he ftiall account for and pay the fame at the
proper office, under the fame regulations and penalties as are prefcribed for his accounting for and paying
the pubhc taxes of this State, deducing and referving to himfelf a commiffion of fix per cent, as allowed
for the colledlion of other taxes.
•7^5* ^l'^ ^* ii further enaB/dy That the Sheriffs of this State ftiall be bound to colled the taxes herein Sheriffs to be
laid, for the years herein mentioned, from all perfons who fhall ufe any faw-gin within their refpedive ''°'*"''-
counties, notwithftanding the fame fhall not be returned in any lift.
VIII. And be it further enaBed, that the Treafurer of the State fhall pay the faid Miller and Whitney, When the
their agent or attorney, legally authorifed by letter of attorney, under their and each of their hands and Treasurer is to
feals, or their executors or adminiftrators, the amount of the tax herein laid for the year one thoufand "^^^ **** ^»>^^
eight hundred and two, which fliall be paid into his office by the feveral Sheriffs of this State as required ''^'*
by this ad, without any dedudion or abatement whatever, on the firft day of December, one thoufand
eight hundred and three.; and fhall alfo pay on every firft day of November thereafter, for the term here-
in before mentioned, the fum which ftiall be annually paid into his office for the tax on cotton-gins laid by
192 1802. this aft, and direfled to be colleflied, to faid Miller and Whitney, or their attorney legally authorized as
«.^^v^«*> aforefaid, or their executors or adminiftrators. And the faid Treafurer is hereby authorized, empowered
Pavmentofjax and dire£ted to take and ufe the fame meafures for enforcing the payment of the taxes herein laid, and
to be enforced. dire£ted to be collefted by the feveral Sheriffs of this State, as he is authorifed and empowered to take
for enforcing the payment into the Public Treafury of other public taxes : Provided nevertkelefs, that the
te malTeTre" ^^'^ ^'' Whitney and Phineas Miller, their executors or adminiltrators, by themfelves or their attorney,
lease to the authorifed and empowered under hand and feal for that purpofe, on or before the twentieth day of June
State of their next, make and execute a deed of aflignment, bargain and fale and releafe, to the Comptroller, for and
patent. ^^ behalf of the State of North-Carolina, of their patent right to the exclufive making, ufing and vending
the faid machine and new invention of the faw-gin, within the limits of this State, and of all other im-
provements and anjendments within the limits of the fame, which they or either of them fhall make or dif*
cover in the conftruftion of the faid machine, or the principles of the invention of the faw-gin : And pro^
Patentees to v'lded alfoy that the faid Miller and Whitney, their adminiftrators or executors, by their faid deed, agree to
refund notes or refund all fuch fums of money, notes of hand or obligations, which they or .either of them, or either of
from the citi- their agents or attornies, may have receivfid for licence or licences to ufe the faid machine, from any citi-
zens, zen or other perfon within this State ; the fame to be refunded to the refpe£tive perfons, or their repre-
fentatiyes, from whom the fame was received ; and fliall alfo engage to deliver at the town of Wilming-
ton, free of expence, one of the faid machines for the ufe of this $tat.ej o/ the moft approved fize andcon-
ftru£tion fit for ufe, , . - .. . . . .,, , ^ _ , ..
Machines not Provided nevertkeltfs, That nothing herein contained fliall be extended, or meant to give Jo any citizen,
to exported. ^^ other perfon or perfons within the limits of this State, a right of making or felling for exportation, or
exporting beyond the limits of the United States, any of the machines aforefaid, or of any of the parts
If >ny other thereof. And provided alfoy that if at any time hereafter, it fhall appear, that any perfon or perfons, other
tied t" th^"*"' *^^^" ^^^ ^^^^ Whitney and Miller, are rightfully and legally entitled to the patent-right of making, ufing
tent, this con- ^^^ Vending faid machines or fav/-gins, now claimed by faid Whitney and Miller, and the citizens of this
traSto be void. State, or any of them, fhall thereby become liable to pay any other fum or fums than thofe exprefled ia
this aft, that then and in that cafe, the contra£l: entered into by this State for the purchafe of faid Whit-
ney and Miller's patent-right aforefaid, fhall be void ; and the faid Whitney and Miller fhall moreover be
held accountable for all and every fum or fums recovered againft any of the citizens of this State as afore-
faid ; and that thefe conditions be exprefled in the deed of aflignment, bargain and fajle and releafe to the
Comptroller, before mentioned. " ' ' '" ' ' '" ■ ■ <■■ " " " ' " - - ■ •■
CHAP. 2. jijff aB for dividing the State into dijiri8s, for the ptirpofe of electing Reprcfentatives to Cotigrefs.
T X^'"^ '^ enacted by the General Affembly ofthejlate of North-Carolinay and it is hereby enacted by the authoy
Tobedivid'd ' J[j nV;i o/'j'AfyflWf, That this btate Ihall be divided and laid ofi" into twelve diftrifts, as follow : viz'.
trifls!^*'** **'*" -^^^ counties of Perquimans, Chowan, Currituck, C^mbdgn, Gatrs, Pafquotank and Hertford, fhali
compofe the firft diitjift ; the counties of IJalifux, ,Nor.thampton, Bertie and Martin, fliall form the fe-
The distrifls. cpnd diflrift ; the counties of Beaufort, Hyde, Pitt, \Edgecomb,'ryrrell and Wafliington, fhall fornj
the third diftrift ; the counties of Lenoir, Crnveti, Carteret, Jones, Green, Wayne and Johnfton, fliall
Ante p. 29, ?0. .form the fourth diftri£t ; the counties of New-Hanover, Brunfwick, Onflow, Duplin, Sampfon and
Jiladen, fliall form the fifth difl:rii£t ; the counties of Franklin, Warren, Granvi'le and Nafli, fhall form
Eachdistriftto.^^^ fi«tb^4iftri£l ; the counties of Riphmond, Montgomery, '.^nfon, Moore, Cumberland" and Robefon,
elect one Re- fhall form the feventh diftrid^ ; the' counties of Wake, Orange and Chatham, fhall form the eighth dif-
prestntative. tri£l ; the counties of Guilford, Rockingham, .CafwfiU, Perfon and Jiandolph, fliall form the ninth dif-
.trift ; the coiuities of Cabarrus, .Rowan aiid Mepkleiiburg, .fliall compofe the tenth diftrift ; the counr
ties of Burke, Lincoln, Buncombe and Rutherford, .fhall form the eleventh diftrift -, the counties of Sur-
ry, Stokes, .Irjedell, Wijkes and Aflie, fliall fi>rm the twelfth diftri£t ; each of which diftri£ls fhall be en-
titled to elect and fend one Reprefentative to the Congrefs of the United States; and the perfon ele£ted
in each diftrift, fhall be a refident or inhabitant of that difl:ri£t for which he js eledled, durjing the fpace {
or term of one year, before and at the time of .his ele£\ ion.
celTf elitwD ^^' ^"^ ^^ it further enaBed by the authority aforefaid. That tlie eleaion fliall be held on the fame days,|
* «nd at the fame places as are now prefcribed by law, for holding eleftions for members to reprefent theV
feveral counties in the General Affembly of this State, in Auguft, in the year one thoufand eight hundred]
and three, and at the fame times and places in tlie ytar one thoufand eight hundred and four, and at thV3l
fame times and places every two years theveafter-, and the fame are to be conduced by the Sheriffs of 1802. 193
the (everal counties wjjthin this State, and the deputies of faid Sheriffs, in like manner as the annual o«'->rO
eleflions of members of the General Affembly are, except that th? Jnfpeftors of the eleftions and Clerks I" 1803 and -
of the polls flistl be fworn to act with juftice and impartiality, which oath ftiall be adminiftered by any ^^0* and every
Juftice of the Peace then prefent ,- and each and every freeman entitled to vote for a member of the thereafter.
Houfe of Commons in the Geraeral Affembly of this State , fhall and may vote for a Reprefentative to How to be con-
Congrefs. ducted.
Provided neverthfltfs, That no perfop fljall be entitled to vote at any eleftion except in the county No person to
where he refides : And provided furtiitr^ That if any perfon whatfoever (hall vote more than once in any cou*^ t''"' .'i" ^'^^
eleftion for members of the Qeneral Affembly, or for a Reprefentative to Congrefs, for his county or he resides. ^'*
djftrift, on conviction i;»\ereof, fliall forfeit and pay the fum of ten pounds, to be recovered before a fin- Penalty on vo.
gle Juftice of the Peace, one half to the ufe of the perfon fuhig for the fame, the other half to be applied ^'"3 more thai*
to the ufe of the county. And in counties where feparate places of eledtions have been, or (hall be eftab- ^"'^^^
lifhed by law, the eled^ions direded by this acft, {hall be conduced by the returning officer, in the fame ^' ^''''''» ^-
manner as elecltons for members of the General Affembly heretofore had, each officer making return of
the poll agreeably to this aft.
III. And he it further enaEledh^ the authority aforefaid^ That immediately after the eleftion fo clofed in Mannerof clo-
each county, the Sheriff or other returning officer ffiall, in prefence of the Infpecftor of the ele£tion, caft ^'"^ '''^ eX^v.^'
up the fcrolls, and make out two corre£t ftatements of the number of fuffrages given in his county to
each candidate, one of which ftatements {hall be by the Infpedtors {jled in the Clerk's office of their reC-
peifiive counties, after the fame is duly certified by the faid returning officer ; and a majority of the In-
fpe£tors, and the SherirT or other returning officer, by himfelf or deputy, {hall attend with the other j^^'^o" y" t^^"*"
on the day and at the places herein after mentioned, and at the fame time and place, the poll for the dif- tke returning
ferent counties fhall, by the laid Sheriffs or their deputies, or other returning officers (as the cafe may officersio deter-
be) in prefence of three Jufiices of the Peace, who are to be fummoned by the Sheriff or other returning "''"^' ^•
officer of the county wherein they {hall m^et for that purpofe, be examined and compared, and a cer-
lificate under the hands and fealsof the faid returning officers, ffiall be given to the candidate in each dif-
itri£l, for whom the greateft number of votes ffiall have been given -, but if two or more candidates ffiall
have an equal number of votes, the faid returning officers ffiall determine which of them ffiall be the Re-
prefentative ; and if no decifion is by them made, then they ffiall decide the fame by drawing, in like
nanner as the Grand Jury is drav/n for in the Superior Courts.
IV. And he it.further enacted by the authority aforefaidy That each and every perfon who (ball be duly. Rehresenta-
elefted a Representative under this acl, ffiall, upon obtaining a certificate of his eleftion, according to the tives to obtain
diretiion above-mentioned, obtain from his Excellency );he Governor, a commiffion certifying his appoint- commissions
ment as a Reprefentative of this State i which commiffion the Governor is hereby empowered and requir- ^'''"" "^^^ ^"^
ed, on fuch certificate being produced to him, to iffue.
V. And he it further enabled by the authority^ a/orefaidf That the Sheriffs or other returning o{Iicers ffiall Retarnintt offi.
meet on the Thurfday next after each ele£ticn, at the court-houfe of the county firft mentioned in their cers to meet af-
refpe£tive diftri£ts : Provided always yThiit if any accident ffiall happen to either of the returning officers, ter the electi.
which inay prevent any or either of them froni meeting on the day aforefaid, the returns of each and eve- ""*'
ry officer ffi.all be received on the day following and the Sheriff or other returning officer failing to attend
at the time and place above mentioned, ffiall forfeit and pay the fum of fifty pounds, to be recovered for
the ufe of the State, upon due proof thereof, in any court of law within this State, by an aftion of debt, by
the Treafurer of the State for the time being.
VI. And be it further enaSfed, That the Sheriff or other returning officer, holding eleftions in purfu- Allowance to
ance of this aft, ffiall be allowed the fum of twenty-five ffiillings for every thirty miles travelling to and returning offi-
returning from the places of comparing the polls and the fame fum for every day they ffiall neceffarily ajt- ^^"'
tend in complying as aforefaid, which ffiall be paid by the Treafurer on affidavit of the Sheriff or return-
ing officer, for theiir fervices as aforefaid, including ferriages.
VII. Jnd be it further enaSled by the authority aforefaid^ That if in any event it ffiall become neceffary The Governor
that this State fiiall be reprefented in Congrefs at an earlier period than the time of the eleftion before 5° 'i*"^^ ** *'
/• ■ lections to be
provided for by this aft, the Governor for the time being, ffiall be, and he is hereby authorifed and re- held earlier if
quired to direft and appoint the time of holding the eleftions for Reprefentatives in Congrefs from this necessary.
State, at fuch earlier timfe as ffiall be deemed neceffary and proper.
3B
191 ISO'2. Vill. y^W fc ///«;••//?>«■ f'«rt/!7£v/, That all afts nnd claufes of a£lR heretofore made, which come within
!U,<«->-sjj the meaning and purview of this a«St, be and the fame are hereby repealed and void.
CHAp 3 '^'^ ^'^ ^^ '^''i/^ '^ Revenue for the payment of the Ci-Uil Liji and contingent charges of Government for the year one
thoufand eight hundred and three,
'J'axoii 1 ;nds, I. S~}| E it enacted by the General Affembly of the State of North-Caroliniy and it is hereby enaSiedby the au-
polls '°''' ^"^ I^ thority of the fame. That for the year one thoufand eight hundred and three, a tax of eight- pence
on every hundred acres of land withiii this State, and a tax of two {hillings on every hundred pounds
value of town lots with their improvements, and a tax of two fhillings on every poll, fliall be levied, col-
le£led and accounted for in the fame manner as direfted by the feveral aiSts of Aflembly in fuch cafe made
and provided.
On s'u-1 liorses ^- ^^^ ^e it further enaEledy That a tax on all ftud-horfes and jack-affes within this State, of the whole
and jack-asics. fum which the owner or keeper of such flud-horse or jack-afs, {hail alk and receive for the feafon of one
mare, fhall be levied, collefted and accounted for in the fame manner as fuch taxes have been heretofore'
levied, collected and accounted for.
What polls are III. And he it further enaEted, That all free males between the ages of twenty-Oiie and fifty years, and all
taxable. flaves between the ages of twelve and fifty years, (liall be fubjedl: to pay a poll-tax.
Fourth and IV. And he it further enaSled, That the fourth and fifth fe£tions of an a£t of the General AlTembly, paf-
fifih sections of fed at Raleigh in the year one thoufand eight hundred and one, entitled *• An z&. to raife a revenue for
revived"* ^^® payment of the civil lift and contingent charges of government for the year one thoufand eight hun-
Ar/e p 173, dred and two," be revived and continued in full force.
No sii.liing V. And be it further enacted^ That no finking fund tax (hall be coUefted for the year one thoufand eight
fund tax. hundred and three.
CHAP, ^t An act for the relief of the Tufcar or a lotion of Indians.
WHEREAS the Indians compofing the Tufcarora Nation, have by their Chief Sacarufa, and others,-
regularly deputed and authorifed,requefted the concurrence of the General A{rembly of this State
p 51. to enable them to leafe or demile, for a number of years, the refidue of their lands fituate in the county
of Bertie, in fuch manner that the whole of the leafes on faid land fhall terminate at the fame period ;
sed't^o^e "''^°"' ^' ^^ '^ enacted by the General Affembly oftloeflate of North-' arolina, and it is hereby enacted by the authority
their lancLi. of the fame, That the faid Ciiief Sacarufa, Longboard and Samuel Smith, >r a majority of them, be, and
they are hereby authorifed to leafe and to farm let, the undemifed refidue of the lands allotted to the
Tulcarora Nation in Bertie county, for a term of years that (hall expire and end when the leafe made by
And to eittend the Tufcarora Nation to Robert Jones and others, ill the year one thoufand feven hundred and fixty-fix,
leases already fj^gj] g^^j ^j^j expire, and alfo extend the term or terms of the leafes already made or granted for a fhor-
ter term, to a term or terms which fhall expire at the fAme time with the faid leafe made in the year one
thoufand feven hundred and fixty-fix, in fuch parcels and on- fuch rents and conditions as may be approved
by the CommifTioners appointed in purfuance of this a£l» and which may befl promote the interefl and
convenience of the faid Indian Nation.
And whereas fome difficulties have arifen refpefting the receipt and payment of the rents on fome of
the prefent leafes.
To mnke alcr- II. Be it further enacted, That the faid Chiefs, or a majority of them, be, and they are hereby authorifed
ii'ions with res. to make fuch alterations, by covenant or agreement, refpe£Ving the payment and receipt of any of the rents
due, or that may become due on any of the exifting leafes, as the CommifTioners appointed in purfuance
of this a£l, or a majority of them, fhall approve.
Whereas the faid Indian Chiefs are ignorant of the ufual forms of bufinefs, and may want advice and
afhflance in tranfadling the bufinefs refpe£ling their lands, for remedy whereof, and to prevent their be..
ing injured,
Governcrtoap- ^^^" ^^ it further enaSied, That the Governor fhall appoint three Commiffioners for the purpofe of car-
joint thr^e rying the provifions of this aft into effeft ; and no leafe, grant, demife, convenant or agreement made by
lommissioners faid Indian Chiefs as aforefaid refpefting faid lands, or the rents thereof, fhall be good or valid in law,
thLTaimo ef- ""'^^^ '■^^ ^^^'^ ^all be approved by faid Commiffioners, or a majority of them, and fuch approbation fhall
fee;, be exprefled in writing, and annexejl or endorfed on fuch leafe, convenant or agreement, and regiflered
in the Regifter's office of the county of Bertie, together with faid leafe or agreement ; and the faid Com-
h>llKoner8 fh-all receive the fum of twenty-five fhillings per day for their compenfation, and expences, to I8C2. i95
be paid out of tne monies received by the faid Chiefs on leafing faid lands. f ^ > ^ CTlly
IV And be it further enacted, Tliat the occupancy and poflelfion of the tenants under the faid Jeafeo 7^^"^
adt, ihall beheld and deemed, m all cafes whatfoever, the occupancy and pofleffion of the faid Tufcarora act of As em-
Nation, to all intents and purpofes as if the faid Nation, or the Indians thereof, or any of them, aduallv '^''•
relided on faid land. - ; j >-i.uaiiy
Whereas the faid Ch^fs Sacarufa, Longboard and Samuel Smith, being duly and fulljr authorifed and
empowered by the faid Tufcarora Nation, have confented that the Indian claim to the ule, poffeflion and
occupancy of faid lands, fliall ceafe and be extinguiOied, when the faid leafe made in the year one thou-
land feven hundred and fixty-fix, to Robert Jones ard others, ftiall expire
V. Beit enaaed^Th^t from and after the twelfth day of July, which (hall be in the year one thoufand The land tor.,
nine hundred and fixteen. the whole of the lands allotted to the faid Tufcarora Indians, by an aft of the van to the '
peperal Affembly paffed at Newbern, on the fifteenth day ofOftober, in the year of our Lord one thou- "^^'^ '« IS^O.
fand feven hundred and forty-eight, (hall revert to, and become the property of the State, and the Indian 2. 1743 3
claim thereto, fhall, from that time, be held and deemed forever extinguilhed
.1, ^^'/"/ l>^ it further enaSed, That after the faid lands Ihall revert to the State, if the fame, or any part If »ny vacant
thereof, (hall be vacant, the fame fhall not be liable to the entry or entries of any perfon or perfons. with- '*"'*' T '" ^^
out an exprefs aa of the Leg.flature to that efFed : Provided al-ways. That it Ihall not be lawful for any ^ll' express att
perfon or perfons to make any entry or entries on the faid land, "after the paffing of this ad : Providid ^ ^
always, that nothing in this adl contained, fhall be conftrued fo as to affed the title of any individual •
Provtded nevertheless TY^^t no lot or parcel of lands laid ofF under the diredion of faid Commiffioners!
fhall exceed two hundred acres : And provided further, That no leafe fhall be made but by public auc
tion, of which due notice fhall be given in the Halifax and Edenton newfpapers.
t -.-.. u • cr J, "f"^^ *° P"^""'"* the vilepraaice of Duelling -within this State. ^„ . „ ,
R / ?fi ^ '^^'^r'^^-^^'fy °f'k^'Me ofNorth-Carolina, and it is hereby enaBedhy the auth^ri- p"ihr„ent for
.h/S ^ ^'^'{"7' Th^t^o"^ -nd fter the paffing of this ad, no perfon fending, accepting or being s^ndfgTa"/"
Ae bearer of a challenge for the purpofe of fighting a duel, though no death enfuef, fhall ever after bf "P'-l- ^e-
ehg ble to any office of truft, honour or profit in this ftate, any pardon or reprieve notwithftandina- ^Z '"/ "^^ '^"^'■^'
nizance thereof, fhall forfeit and pay a fum not exceeding one hundred pounds to the ufe of the State.
JZa a '*t 'i T'"'^'- ^^'' '^ ^"y P^'^°" ^g^*' ^ '^"^^ '" confequence of a challenge fent or re- For fi.htln. a
ceived, and either of the parties fhould be killed, then the furvivor. on convidion thereof! fhall fufFer duei.Xr^'one
death without benefit of clergy : and all their aiders or abettors fhall be confidered accelTories before the P"'^ ** '^"'^•
fact, and likewife fuf^er death without benefit of clergy.
An act to amend an ad, entitled « An ad direding the mode of recovering debts of twenty pounds and chap. 6.
^' V^Jm"''^1 the General Affemhly of the sZ^lf North-Carolina, That fiom and after the firll day ]^^^^
JJ of May next, Juftices of the Peace fliall have jurifdiaion of all debts and demands of twenty- debts of 251.
five pounds and under, agreeable to the reftriaions of the before recited aa. Provided always. That the ^^O^. 1.
fame ftay of execution on fums from twenty to twenty-five pounds, fhall be the fame as is provided for '^"''' P* ^^*
fums between ten and twenty pounds in the before recited aa. And whereas executions a?e not made
returnable on any certain day from the iffuing thereof, whereby great injury often refults to the party re-
covering, by reafon of conftables negleaing to perform their duty ; therefore, ^ ^
tice ofThe Pe^rf 1^?K ^"""""a '"'^ "^'"l?" ^^T^f'^ ^'^ ^""^ ^^ ^^^ "«^^' ^" executions ifTued by a Juf- Executions
tice ot the f eace, fhall be made returnable in the fame time as is provided for the return of warrants in ^''^" '""™»-
tl^fl" -^"tV^' .^f ^^'? '"J^ ^^^'^^^^^ ^^" ^' '^tumed*^ not fully fatisfied and disrharged I ''''
J^dl and may be lawful for any Juftice of the Peace of faid county, to iffUe another execution for the
lum fo remaining due on the former execution.
And whereas doubts have arifen how recoveries may be had upon judgments had before Juftices of
he Peace of twelve months ftanding, where execution hath not iiTued ; for remedy whereof'
196 1802.
Suits on former
payments.
nemedy, where
judgment is
had in patty's
ab5c;ice.
Penalties.
• Secovered,
CHAP. 7.
Ante, p. 169.
Treasurer to
buy certificate
debt.
CHAP. 8.
Ante, p. 176,
SeAion repeal-
III. Be if enabled. That where judgment {hall be had and execution not iflued within twahce nxQtitha
thereafter, it {hall be lawful to fue for and recover the fame by warrant, before a Juftice of the Peace,
and that the former judgment fhall be evidence of the debt, fubjeft to fuch deduQions as the defendatit
may make appear on trial to have been paid, in full or in part of faid former judgment.
IV. And be it farther enaad. That whenever it {hall hereafter happen that judgment {hall be entered
atrainft either plaintiff or defendant, he, {lie or they not being prefent, that at any time within ten days
after fuch judgment, the perfon or perfons againil whom fuch judgment hath been given, on makmg
oath before any Juftice of the county where fuch judgment may be entered, that he, {lie or th?y was or
were prevented from attending on the day of trial by bodily infirmity, miftaking the day of trial, or
Other fufhcient caufe, and that he, fhe or they are likely to be injured by fuch judgment, that then and
in that cafe, it fhall and may be lawful for fuch juftice to grant an appeal to the next county court, oi:
ftay of execution, on fuch perfon or perfons entering into bond w^ith fufficient fecurity, a^ m other ca-
fes of granting appeals or ftaying of execution from the judgment of the Juftice ; and it {hall alfo be the
duty of fuch Juftice, to give to the party craving fuch appeal, a written order to ^he Conftable, or other
peifon having fuch judgment in his or their hands, commanding him to return faid judgment, together
with fuch other papers and documents as may be in their hands relative Jo fuch judg'nient, to him the
faid Juftice before the next county court ; and alfo commanding faid officer to give notice to the party m
whofe favour fuch judgment hath been given, of an appeal being granted thereon ; and that it {had be
the duty of the Juftice, on receiving fqch judgment and other papers, to make return thereof, together
with the appeal bond and affidavit of" the party craving fuch appeal, to the n'^xt enfuing court Of his
county, to be tried as other appeals from Juftices' judgments. r i /^ i a
V. And be it further enacted, That all forfeitures and penalties incurred by virtue of the Mneral As-
fembly not exceeding twenty-five. pounds fhall and may be received* by warrant before any Juftice of A^
P«ace, any law to the contrary nptwlthftanding.
An a5i making further provifton for the Redemption of the Certificate Debt of this State.
FORASMUCH as juftice and found policy require that the certificate debt of tins State fhould be re.
deemed whenever the finances of the State are adequate thereto, and it appearing that there is now^
in the pubUc cheft, monies unappropriated commenfurate to its redemption, therefore', :
I. Be it emcted by the General .^fembly g/" the/ate of North-Carolina, and it is hereby enacted by the authe-,
rity of the fame. That i^ fliall ^nd may be lawful for the Public Treafurer for the time bemg, and he is!
hereby authorifed and direded, to purchafe in fo? the ufe and benefit of the people of this State, afteri
the firft day of January next, the principal and intereft of all the certificates heretofore ilTued, agreeablrt
to the afts and under the authority of the LegiQature of this State, which fhall be prefented lo him bej<
fpre the firft day of December next ; thofe ifTued at Warrenton jn the year one thoufand feven hundred
and eighty, fix ; thole ifTued by Patrick Travis, Commiffioner of Cumberland county ; thofe ifTued fo^
fervices in the Weftern country, commonly called '« Chickamauga Certificates,' and all thofe not at pre,
fent receivable at the Treafury Office, excepted, paying and giving for each pound of the principal and
intereft which fhall be prefented to him and purchafed as aforefaid, the fum of fifteen flnllings, reckopl
ing and allowing intereft on any of faid certificates bearing intereft.td the day of purchafe : Frov:ded *
•ways. That no certificate fhall bear intereft after the firft day of December next.^ , , n. i. i,
II. /}nd be it further enaBed, That the Treafurer IhaU caufe this iO. to be publiflied at leaft tliree weei
in one or more of the newfpapers publifhed in this State.
An aEl to repeal the third feBion of an aSl, paffed at the lafl feffion of Afembly, entitled « An ad to continu^
in force and to amend an aft pafT^d in the year \1Q9, entitled "An aft direamg the Judges of thi
Superior Courts to meet tdgether to fettle queftions of law or equity arifingon the circuit, and to pro
vide for the trial of all perfons concerned in certain frauds." ,. . , , . r .i .t
I. Ti'^itehaSiedhthe General Affembly of the flate of North-Carolina, andtt is hereby enacted by the author
X> ty of the fame, That the third fedion of the above recited adt be, and the fame is hereby repeal^
and made void,
An act to amend the feveral Land Laws in this State, fo fan' at refpects Surveys being made and returned into 1802. 197
the Secretarfs Office. t«*"v-s»>
■"HERE Aj5 by an z€t of the General Affembly of this State, paffed laft feflion, all lands entered pre- chap. 9.
vicus to the firft day of January, one thoufand feven hundred and ninety-eight, that may have been Ante p. 169.
paid for as by law dire£^ed, and not furveyed and returned into the Secretary's Office by the firft day of ^^' ^^'
December, one thoufand eight hundred and two, are declared lapfed lands to the State, which in many
inftances will teuti to the great Injury of many of the good citizens of this State : For remedy whereof,
I, Be it enacted h the Qemral AJfembly of the /late of North'Carclinay and it is hereby enacted by the autho- ^^I^^^^^q^%^
rity of the fame. That all bona fide entries of lands in this State, previous to the firft day of January, one paj^ fo,-,'io
ihoufand feven hundred and ninety-eight, which have been paid for, fhall have until the firft day of Janu- have till \ii02,
ary, one thoufand eight hundred and four, to have faid lands fwrvsyedand returned into the Secretary's to have them
Office ; and all fuch lands not furveyed and returned into the Secretary's Office by the day aforefaid, ftiall entered. ^"
become void, and are hereby declared lapfed lands to the State, smd may be thereafter entered by any per- •
fon as other vacant and unappropriated lands in this State.
II. Be it further enaSJed, That it fr.all be the duty of the Sheriffs of each county in this State, to adver- ^"jiggj"^ ^^' '
tlfe this aft at each court firft happening after the 1ft day of April next, and moreover be publi/hed three
weeks fucceffively in the State Gazette, any lav/ to the contrary nolwithftanding.
An flt? to amend the ftxth feBicn of c^n aSf^paJfed at Ra'eigh in the Tear 1801, entitled «« An acl to amend the chap. 10.
feveral Land Laws of this State." Afts above cU
HEREAS It may fo happen, that fome^ Perfons who have made entries of land in the years one
thoufand eight hundred, and one thoufand eight hundred and one, may not have had it in their
power to pay the purchafe-money into the Treafury of the State by the nrft day of December, one thou-
fand eight hundred and two, and thereby be injured by their entries lapfing : For remedy whereof,
I. Be it enacted by the Gc?ieral Affemhly ofthejlate of North.-CaroHna, and it is hsreby enaBed By the autho- Entries of land
rlty of the fame, Tjiat al] claimants of entries of lands made in the years one thoufand eight hundred, and ^"^5 ^^oq?^
oile thoufand eight hundred and one, who fhall not have paid for the fame before the firft day of Decern- paid for, to have
ber, one thoufand eight hundred ajid two, (hall have until the twentieth day of December, one thoufand till Dec. 20,
eight hundred and three, to pay the purchafe-money Into the Treafury for the fame ; and all entries fo ^^^3.
paid for are declared to be as good and valid In law, as if the fame had been paid for according to the fifth
feftioii of an a£l pafled in the year one thoufand eigi^t hundred and ope, entitled " An a£l: to amend the fe-
veral land laws in this State ;" and the fald entries {hall, within two years after the faid twentieth day of
December, one thoufand eight hundred and three, perfe£l: their entries by grant ; and all entries not per-
fefled by grant within th&tiine aiforefaid, fhall be deemed lapfed, and (hall revert to tlve State, any thing
to the contrary notwithftanding.
if. And be it further enaUed, That the provlfions of this aiEl fhall not extend or be conftrued to extend j^'^entries'of *
to give relief or further Indulgence to any perfon or perfons, >vho have, "by any entry or entries, entered more than 640
land to a greater amount than fix hundred and forty acres. acres.
An aEl to amend an ad direBing the manner in tvhich Confifcated Lands Jhall infuiurt be difpofedof,pafjidin CHAP, 11.
the year one thoufand eight hundred and one. y^^tg p_ 172.
WHEREAS by the above recited aci. It is not mentioned what credit fhall b^ given by ,the Com-
mlffioner appointed under the above aft, foj the lands by hip^foW* Por how long the fame fhall
be advcrtifed before falg ; and for making fald aft more perfeft,
I. Be it enacted by the General Ajfembly of the fiate of North-Carolina, and it is hereby enaHed by the Commissioner
authority of the fame. That from and after t"he paffing of this aft, when any Com miffioner of confif- *°^^'j* '%""'^^'
cated property, fhall have Information o^ any confifcated land within his diftrift, It fliall be his duty to cause it to be
feize faid lands for the ufe of the State, and fliall caufe the fame to be fold at public fale, on a credit of sold,
one year for one moiety, and two years thereafter for the other moiety, for the moft that may be gotten
for the fame, firft giving two months notice by advertifement In the Raleigh Regifter, or In any Gazette To be adyertis*
publifhed in the diflrlft where the land Heth, and by advertifement to be fet at the court-houfe of faid <Hf- ^^•
trift, and at each of the other court- houfes within the fame ; and if any perfon ftiould lay claim to faid When any
lands, previous to the fale thereof, he fliall notify the fame to the CommlfTioner, who fhall at the next fuc-|;*u1^to\^*ii^.
3C
f 1S8 1802. ceeding court of the diftridX, caufe an iflue to be made up betweett the State and the perfon fo clairaiiig
^^,^v^o the land aforefaid, and a Jury (hall be impannelled to try the fame, fubje£t to the fame rules and regulations
as are praflifed in the trials of other fuits at law.
Ccrririssicner H. _/Jnd belt further enabled by the authority aforefaid, That it fhall be the duty of the Comtniflioner of
ted ^Ir-dTmhe" ^^^^ diflriiS, to fell the confifcated lands within thi^ diftricl at public fale at the court-houfe in the coun-
couri-houte. '7 where the land lieth, firft giving forty days notice by advertifemeftt, to be fetup at the court-houfe and
four other public places in faid county where fuid lands may lie ; and for all fales made under this adt, he
{hall grve the credit aforefaid, and take from the purchafers bond ami fufEcient fecurity for the purchafe-
Piirchase-mc money, payable to himfelf for the ufe of the State j and immediately after the expiration of the time for
^f^^*°J'' *° ^'''^ which credit was given, he fhall proceed to colleft the fam^ ; and the fame being colleclled, (hall tranf-
mit the amount thereof to the Treafury of this State, firft deducing ten per cent, for his commiflions oa
the fame.
The lines of HI. /ind be it further inaEied by the authority aforefaidy That it fhall be the duty of each Gommiflioner,'
befo '°r^ "^"id P^'^vious to his felling any of the confifcated lands under this a£l dire£l:ed, to ifTue his order to the furvey-
' or of the county where the land Keth, directing him to proceed to run out the lines of faid land, and make
•*plau. two juft and fair plans* thereof, and return the fame to him within forty days after the receipt of fuch or-
der ; for which fervice, together with the hire of chain-carriers, the faid furveyor fhall be allowed forty
fhillings for each traft of land by him fo furveyed and returned, to be paid by the faid Commiflioner, out
of the firfl money which may come into his hands, which fhall be allowed hira in the fettlement of his
accounts with the Public Treafurer.
IV. And be it fitrther enacted by the authority aforefaid, That when an-y tfa£t of laftd fhall be fold, by and
under the direftion of this a£l:, the CommifTioners fhall endorfe on each of the plats of furvey of faid land.
Plats of survey the following certificate •• " I A. B, Commiflioner of confifcated property, for the diftri£l of
K?, l'^ ''"'^'"^"^•'^ do hereby certify that did on the day of in the year at the court-houfe
sjoner. in the county of bid off the land mentioned in the withm plat, for the lum or
To be filed *"'^ ^"^^^ given bond and feeurity for the purchafe-money of the fame agreeably to law :" which plats be*
■with theSecre- ing thus certified and prefented to the Secretary of State, he fhall file the fame in his office, and there-
tary, who is upon make out a grant to the purchafer, with one of the plats annexed thereto,- which grant fhall be.exe-'
nllTov^A^ cuted by the Governor for the time being, and fhall convey to the faid purchafer, his heirs and afTigns,-
grant all the eflate, right and title which this State may have in and to faid land.
CHAP. 12. An act for the relief of perfons tvho have obtained grants for lands which are covered in whole or in part by grants
of older date. i
WHEREAS it is reprefented to this General AfTembly, that in many inftances, grants have been if-
fued upon warrants, located upon lands previoufly located and granted by the State of North-
Carolina, by which the perfons claiming under the fecond grants, are deprived of the benefit of their war-
rants ; for remedy whereof.
What IS to be I. Be it enaBed by the General Affembly of the flate of North-Carolina, and it is hereby enacted by the autho'
there is more '"'0' of the fame, That where one or more grants ha^e iffued for the fame land or part thereof, for lands gran-
ihan one grant, ted by this State, it fhall and may be lawful, on the agreement of the parties made in writing, filed with
the furveyor of military land warrants appointed by this State, for faid furveyor, by himfelf or deputy
duly appointed, and fworn chain-carriersy to furvey fuch lands and certify the quantity that may be defi-
cient, or be loft by the grantees or either of them, and return the furveys to the office of the Secretary
of this State ,- whereupon the Secretary fhall ifTue a warrant or warrants to the grantee or grantees, for
fo many acres of land as may be deficient or loft as aforefaid, upon which the fame proceedings fhall be
had, as in the cafe of original warrants : and in cafe the parties grantees cannot agree, then claims for
deficiencies fhall be allowed upon the party claiming under the fecond or younger grant, producing to,
and filing with the Secretary of State, a copy of the record, fhewing, that in a trial at law before compe-
No person to ^^"' jurifdidion, that he hath loft the whole or part of the land contained in his grant,
have relief H' -^nd be it further enacted by the authority aforefaid. That no perfon fhall have relief more than once
more than under this aQ, for every traft of land he may have obtained a grant for, neither fhall this aft be held to
•"t v'cW to * ^"5^^ ^'^^"^ ^^^^^ ^^^ g^ranted on warrants iffued from the office of John Armftrong, or military war-
an act- to a/certain in wLt manner difputed claims to land 'toarr^nts for lands entmiin the office of John Arm. Ifi02. IQO
T -^-r- „., , fi^O"g> ^"d for mthtary lands, Jhall be tried and determmed. "^ / y«"» ^«w- 1802. 199
lands entereiintL office of John Armllrong, or ioL'l^S^yt^l ^tTJ:^ ij^ ^^^^^^ ^^t:^
be fet up by any perlon or perfons, ,t ftall be the duty of the Secretary of State to certify fudictSi^nH "?' '*'"«^«*
adverfe claim to the fupenor court of 1 :w for the diftria in which the firft claimant SfidL^^lfrv. fi "l ^."'"^^
refides; and if both refide out of the State, then to the fuperior court of lawfor HiUfborZh Sr rt '''^'
and when the Secretary's certtoe H^all be filed in any court, an iffue Ihall be made Ttrt^y Ae rithj , .
6f the contending pames, which (hall be tried under the fame rules and regtihtions as fuits at rnmml i ^''f '" ^ ^
betried, It (hall bethe duty of the clerk of faid court, to certify under his hand and the feal of Ws office
fuch verdift and judgment, and the Secretary fhall then iffue a grant to the party preva llnl '
U And be rtjurther enacted by the authority afore/aid. That this aft fhnll extend io all cafe" where c'aim, .
have been already made for land warrants, and adverfe claims fet un thpr^m ^n^ Jv u ! • ,^' ^° '^-"^ 'o
;,nd (hall be in force from and after the paffmg thereof ^ * '^^'^'^ "^"°' ^'"^^'*» ^" ^"^ ""'
r 6 V.4VU1. y^.j decided.
_^ XJ '-'Xy of the ante. That from and after the oiffin.. of fhi^TA r^.iT V -^ ■ i *>' ^^^ ''"^'^''- ^"^^ P- ^^O-
of law within mis Sme (where a greater altowXis r^ot atad, Zd, S"i? n "^"''f' 'T'"" """»
ten flUllings fcre.aryda^ he fha/attend fuch corr"a"„d *"flrftlSi 1;^::^:!^ ™T °' '— ■>»
eomg toandreturnmg from f„.h court, any law, cuftom or ufageto the conSry noSSng ""'■
'^" ^^^ ^^ ^wZ/oit'^r thefeveral County Courts tuitkin this Rt^io t^ ^aa„;«* H . ;
I; -pE // enaaed by the General Aembly of the flate ofZothCarJlf ^'/^/'"l ^T°^"' , CHAP. IS.
. Pthority of L fame, Thatfromin-^d after ti^pal^^^^^ ^^'-T Count, courts
m this State, fhall have full power and lawful authority to direi fn A,*.!, . "7 '^?""' ^'^^' '" "PI'°'"'
and under fuch rules, regulattons and reftriaionstK Patrol.. ?ntC r ^""""'^"^ '" ^^^^ ni^«^bers, Patroies.
«i and governed, and the faid patroL when SnKl^^^ Jk A ^f ^l' '?"""' ^^" ^' '^PP"'"^-
ftriaions as theiJ refpeaive county courts fhrrdafn^^feftabhS 'la "a 'f\ ?^"^"'T^ ^"'^ ^^- ^"'^ P' ^^•
.8 the faid court (hall fix and direi. eitabliih, and under fuch fines and penalties
I II. ^«ii/?«V/«r//&^r^«ac/fi, That the patrolea appointed in DurfuancpnffhJ.o A n, n u „ ,
fSUudie^-trf^ii^wfiiifpt-j^^^
exceeding one (hilling on every taxable black noli Zthl^T- !/'^° ^ .^° *'"'^' *° ^^X ^ ^^"^ "ot nece,sa.y.
ng the pLoles by thL appoiLed n pu fl'ce oT M^^^ ^-,^he pur^ofe of pay-
ority of the aai4 JufticeTprefent wLe fuch taxt laid ;3fforetdr '^ ' ^"'^ *"' "^^" '^ ^ "^^-
IV. vf«rf ^^ itjurther enaaed. That fo much of the feveral aAe ,« o„n • i.- ,
leaning of this aa Ihallbe repealed and made void '"""^ '^''^*" *^« P'^'^^ ^"'^ Former adbw.
pealed.
Bt? V ^ J 1 y ^ "^^ ?'* ^^^ *^' ^'^"^ ^''S«^aiion of the Sheriff's feet
E tt enacted by the General AJTembly of thejlateof NortLcaraitnn W V '.r, i jl , , CHAP. 1 6,
. -%e^^'^->»^,Thatfrom^andafirthefirltdW Sm^^^^^ 1 ir4. 24
^in,s and fixp^e,.. .very ^^.JLte-S;-^:-^^^
pealed.
CWAP. 17.
Conspiracy of
negroes to be
deemed felony.
Pimishnient to
be in^i^ed.
200 1 602/. levied, the fum cf feven OnlUrgfi ?.f d Tx pence, for taking replevy bond upon fuch nt achmen , the fum of
- two fl) llmgs and fispcEce, for Jutting in ftccks Hx ftnllings. for every commitmen three (hUhngs, for e-
viry rS three (ifillings, for%xecuting every writ of poffeffion the futn pf ten (hillings, fpr calling every
'"TZfu t7.HS":... .utkcnty aforefaiJ, That the fees heretofore by law prefcrlbed for the
fervices above mentioned, and ill laws and parts of laws coming wuhm the meaning and purview of thi,
aft, are hereby repealed and declared vpid.
^» act to prevent confpirac'ies and infurrectms among the Slaves. « , . ..
I -TIE ;/ enacted h the General AlTembly of the Jiate of North-Carolina, and it is hereby effaced by tki
Wa2Xof etrnVTh.. if% n/mber "^f negVs or other llavps (hall, at anytime here,fte|r
coi^Alk advifeorconfpire orebelormakeinfurredion, or (hall plot or confpire the muider of any per-
Sn or erf^itwhatfoe'ver, every fuch confulting, plotting or confp ring fhal be ^^J" Js^^^^^^^^^^^^
felony, and the flave or flaves cpnvitled thereof m the manner prefcnb.ed by law^ (hall fi^ffer de?th, o^
'''irt^t^:,^^^ or other flave^ihaU be found in a (late of rebellio, or mfur,
re,S;n7or M r,ree o t^ confpiracy or infurredion, or (hall procure or perfuade others to join or
TrdSr that puJpofe, or (hall knpwingly id wilfully aid or alBlt any (lave or (laves in a (tate of rebel,
hon or enSTn a confpiracy to make infurreaion, as by furnilhing,, or agreeing, or promifing to fur-
^l fX'^'fl w th^^^^^^^^^^ or any other artfcle lor their aid and ^^PP-^' ^^y ^^^^^^^^
"(Fending, ^and being thereof legally convicted, (hall be adjudged guilty of felony, and (hall fu(Fer death,
.^......'''^^t^fS:^t^!S:S:t^U ^ee perlon (hall join in any c^^^^^^^^riSJ^
free personsin .^aion of the (laies, or (hall agree to join in any fuch confpiracy, rebellion <>'-;/^"^"^;°"'/;^^^^^^
conspirapes. r^^^ ^^^^^^ ,„ -^i^^r enlift for thatpurpofe, or (hall knowingly ^"^.^'''f"^^,^.^^^^^^
(lave or Saves in a (late of rebellion, or engaged in a confpiracy '^ .^^^' '^^^'''^,^1^''^^^^^^^^^
agreeing or promilins to furnilh fuch (laves with arms, ammumtion, or any °}^'^^^'^'^^^^ 1°^/^ r
afdrpyrt,Tvrry^^^^ -d being thereof legally convided, (hall be adjudged gud^
tv of felonv, and (hall fufter death without benefit of clergy. * j r^, ^t,^ ^f':
^Vhat testi.o. '^ IV i J ;S>..^.. enacted. That in all cafes wher.ln a flave (hall ^^Zf:: llStt^t^l^l^^^^
..shaUbere- f,„,,3 aefctibedin this aft, the court may .take for evidence, the ^-^jf^^^'ll""^;^^^^^^^^^
""'^- the confefhon of the oflFender, freely give.r wirhoi^t any undue influence, '''!^''%'''lZe\Ztel^T
or the teftimony of a negro «r other perfon of colour, bond orlree^; but mall caies where he teltimo
nv Xne iro^r perfon of colour.lhall be admitted, ^he fame (hall not be deemed conclunve and fuj
ny ot one negro oiponuu m i-uiv^-u , , n -,], u^ fuDDorted bv luch pregnant circumitancesl
flcient to convid the perfon cliarg.ed linkfs he fame (hail be W^"^^^ °y ^ K ^. ^ ^f
to the jury on faidtvialllnll appear convincing proof, when taken tOj^.jKr \v.tA tl.e teiumonj oi lu^
^'^S^':,Sif:;:^:::!r^neceflarvfor thepurpole o^l^lutary .sample that a'l tho fl^^----f.^
infurreaion, (hall fujer death, while it might be iaipolitlc ^nd i^nproper thut they lloum lemam an t|
Whep...m. %": Be it enacted ^y the authority afore/aid, That «i all cafes of confpiracy, r.^^^^^^^^^^^
=:;Lt:nthe flaves when a Lhcient example^h^is ^-n -f ^^^^^^^^^^^
„,.y ^ommrne cpncerned in fuch rebellion or pf""^'^^^"' *''„^„^°J ,!'!5X^^ out of the State, and beyor
him, on proof of Ms identity in the ufual form of law; and '""'^ "^'iXrftanbfforf^^^^
'^:ffeic'^iVStofsr^^^^^
Slaves trans-
ported return-
ing, to sutler
deatli.
Or if brought
into this state
by his owner.
uv nis owner i^ij^iv-v-** f w m*- ^.x^^.*.*.. *»«»..^ -- — •
10 b« f .rfeiied. order of the county court, and fold for the ufe of the county.
I And whereas tlie civil authority may be found infufficient for the fuppreffion and detection of a con- 1802. 2b
.(piracy or infurre£lion among the flaves in this State : * — v— >
VII. Be it therefore enaBediy the. authority ajorefaid. That it fhall be the duty of any commiffioned officer Militia may be
of the militia of this State, on application or order of any tv/o or more Juftices of his county, to order out '^^"^ °"*'
tlie militia under his command, or fuch part thereof as may be neceflary to deteft and fupprefs fuch con-
fpiracy, rebellion or infurre£tiou of the negroes or othef flaves ; and the militia fo raifed, fliall perform
fuch duty and fervices as they fhall be required to do by their commanding officer, and (hall appear fur-
nifhed with arms, ammunition and accoutrements, and ftiall receive the fame pay and rations as is directed
by the laws now in force.
VIII. And be itjurther ena^edy That die Governor be, and he is hereby authorifed and required, in all Governor f i
,cafes of confpiracy or infurjedtion, to take fuch meafures for the detection or fuppreflion of the fame [^ s^upuressTn-
3S the public fafety at the time may require. surretiions.
AtLact to amend an aSi pajfed in the year 1^00, directing the manner of proceeding againjl the feveral ofjicers chap. 18.
therein mentioned. Ante, p. 15 ».
I. XJ E it enacted by the General Ajfembly of thejiate oj North- Carolina, and it is hereby enacted by the aittho' Justices of the
Jo rity of the fame. That from and after the paffing of this ad, when any Sheriff, Clerk or Conltable, J)^^^^^m° a'""
within the (everal counties in this State, fhall or may have received any money by virtue of their otEce gainst delin-
or appointment, and (liall fail to pay the fame to the perfon gr perfons entitled to receive it, then and in quent officers
.that cafe, it (liall and may be lawful for a Juftice of the Peace to iflue a warrant againft them and their fe- *.".* *^^"^ ^""^
curities, and to give judgment for any fum not exceeding the jurifdi£tion of a Juftice of the Peace, toge-
ther with cofts, and to award execution thereon, fubjett neverlhelefs to the right of appeal ; and when it
fhall fo happen, that any perlon's appointment as Sheriff, Clei'k or Conftable (hall expire, or they be remo-
ved from office before fuch warrant iffiies, the fame remedy and proceeding may be had againft them as if
*:hey a^ually were in office, any law to the contrary notwithftanding..
4n actio authorife an additional allcwance to the perfon or perfons ivho Jhall hereafter be necefjarily employed as chap. 19.
Collector of arrears, and to repialfo much of the fourth claufe of the fecond chapter of the act of 1792^ as re-
quires that all fales on executions iffuingin behalf of the State, fhall be made at the Court-Houfes of the refpec- ''^ '
five counties, and in term time.
WHEREAS ihe beneficial operation of the a£t of 1793, chapter the 7th, providing among other
things for the appointment of collectors of arrears, has fofar exhaufted the autftanding debts of
this State, as to render the commiffions allowed by the faid a£t to the Collectors of arrears no longer worth
the attention and time of any perfon capable of performing the duties of that appointment and worthy of
truft j and vv4iereas for the want of the care and attention of fuch officers, the public executions are now
again neglected and rarely returried f^tisfied, while the debtors move off, ^nd jhe revenue of the State is
thereby diminifhed :
I. Be it therefore enabled by the General AJembly oftheflate ofNorth-Carolina,and it is hereby enaBedby the Additional al-
authority of the fame. That for the year one thoufand eight hundred and three, and thenceforward, the Pub- lowance to be
lie Treafurer, jointly with the Comptroller, be, and they are hereby authorifed and empowered to make ^^r and^"***
to the perfon or perfons who fhall be necefTarily employed to take charge of the public executions, iuch Comptroller,
additional allowance over an^ above the commiffions at prefent allowed them by law, as in their judgment '
they may be juft4y entitled to, due regard ;being had to the labour, expences, induflry and fuccefs of the
perfon or perfons fo employed as aforefaid.
II. And be it further enacted by the authority aforefaid. That from and after the paffing of this aft, fo much Part of the -aJSt
of the fourth claufe of the fecond chapter of the a£l of one thoufand feven hundred and ninety-two, as "j^ '^^2 repeal'
requires "that all fales to te made qn executions ifTuing in Ijehalf, and for the ufe of the State^ fhall be had
at the court-houfes of the refpe£tive counties to which fuch executions ifTue, and in term tijche, be and
the fame is hereby repealed and made void, and that for .the future, fales fhall be made on fuch executions
at the refpedtive coutt-houfes of the counties to which they may iflue; but it fhall be immaterial whether
they be made in or out of term time, the ,4ire£tion of .the above recited claufe to the contrary notwith-
ftanding.
$1)
^02 1802.
CHAP. 20.
An;e p. 16,
Ip, )52.
\ (?'wo years fur-
■\ ther time al-
Jovvtd fbr
grants.
JiJOS, 21.
Also for deeds.
An aB giving further time for rfgifering grants, proving deeds, mefne con-Osyances and powers df attorney, iviuij
have not been proven and regifiered ivithin the time Beretojore limited by law.
I. Be it enacted by the General Affembly of the fl ate of North-Carolina, and if is hereby enacted by the autho-
rity of the fame, That all grants for lands which have not been regifiered within the time hefetofore appoint-
ed by law, fhall and may, within two years after the pafling of this a£l:, be admitted to regiftration, and
fliall be as good and valid as if they had been regiftered within the time heretofore allowed by law.
II. And be it further enabled by the authority aforefaid, that all deeds, mefne conveyances of lands, tene«
ments, and hereditaments, and all powers of attorney not already proved, acknowledged and regiftered,
fliall and may within two years after the paffing of this adl, be acknowledged by the grantor ot grantors,
his or their agents or attornies, or be proven agreeable to law; and all deeds, mefne conveyances and pow-
ers of attorney, which fhall be acknowledged or proven, and regiftered according to the directions and
pi ovifions of this aft, fhall * good and valid, and take eflFedl as fully to the ufe andlienefit of the grantees,
their heirs or afligns refpeftively, as if fuch deeds, mefne conveyances and powers of attorney, had been
acknowledged, proved and regifiered, agreeable to the dire£lions of any law heretofore made and in
force.
CHAP. 21.
1803, 21.
Twelve months
longer time al-
lowed.
Ante, p. 16,
and acts cited.
1789, 49.
An act granting further time for proving and regiffering bills offales and deeds if gift.
BE it enaBed by the General Affembly of the fiate of North-Carolina, and it is hereby enaSled by the auths*
rlty of the fame, That all bills of fale taken, and deeds of gifts made, and not already recorded in
manner required by law, fhall have a further time of twelve months allowed for probate and for regiftra-
tion, and fhall, when thus authenticated and perpetuated, be held and deemed as valid to all intents and?
purpofes, as if they had been proved and regiftered within the time required by an afl pafTed at Fayette-
viile in the year one thoufand feven hundred and eighty nine ; any law, ufage or cuftom to the contrary
notwithftanding.
CHAP. 22.
Cerrified co-
pies of wills or
deeds to be re-
ceived in evi-
dcLce.
An a£t to prefcribe the mode in luhich wills or deeds regifiered in other States, fhall he admitted as evidettce in
this State.
I. "f^ E it enaBed by the General Affembly of the State of Jtorth-Curolina, and it is hereby enacted by the auth))-
JLJ '"'0' ^f^^' Jame, That in cafes where inhabitants of other States, by will or deed, devife or
convey property fituated in this State, and the original will or deed cannot be obtained to regifter in
the county where the land lies, or where the property fhall be in difpute, tliat a copy of the faid will or
deed (after the fame has been proved and regiftered or depofited agreeably tathe laws of the State where
the perfons died or made the fame) being properly certified, either according to the a£l of Congrefs paf-
fed in May, one thoufand feven hundred and ninety, or by the proper officer of the faid State, and the fur-
ther teftimonial of the Governor or Commander in Chief of faid State, that the perfon certifying is the
proper ofKcer or duly authorifed by law j that then and in fuch cafe, the faid copy fhall be read as evi-
dence in the Courts of this State, and fhall be admitted in the fame manner as a copy from any of the re^
gifters' or clerks* officers therein.
CHAP. 2S. An aB to repectlan aB paffedat the loft fejion of the General Affembly, entitled « An a£l to repeal apart of
the Infpe<£lion laws now in force in this State.
A(ft re])f aied. I. T\ E it enacted by the General Affembly of the State of North-Carolina, and it is hereby enacted by the authi.
Ai.te, p. irs. |~^ ^ify of the fame. That from and after the firft day of May next, the above recited aft be, and
the fame is hereby repealed and made void.
THAP. 24.
5783,3.
■A».t«, p. 3C.
An aB to amend the ^arantine LaHvs efthis State.
WHERliAS by an aft of the General AfTembly, pafTed in the year one thoufand feven hundred
and ninety-three, it is made necefTary that three CommiflSoneris of Navigation, or three Juftices
of the Peace, fnould ilTue the necefiary orders, commanding any vefTel having s contagious difeafe on
board, or coming from a place where fuch difeafe pr&vailed, to perforin quarantine. And whereas it
fometimes happens, that neither three Commilfioners, nor three Juftices of the Peace, can be conveni-
ently, and in time, procured for the purpofe of enforcing the above recited aft, whereby the fame is fre-
tiueutly <fYft4i4 1 (91" ££?^edy whereof :
I. Be it enacted by the General JJfembly of the flats of ^ North-CdreltHaf and it is. hereby enacted hy the autho- 1802. 203
rityof thefame^ That from and after the paffing of this a£t, itfliall and may be lawful for any one Com- u»-v«^
miffioner of Navigation* with two Juftices of the Peace, oranyonS Juftico of the Peace with two Com- *v hit officers
miffioners of Navigation^ to enforce and caufe to be executed the above recited aft, fo far as regards the '"'^y^"f'»«:e
iffuing of orders to compfel veffels to perform quarantine. {^w. *^*'"*"*
II. Andhe it further inacted. That from and after the paffing of this aft, the Commiffioners of Naviga- p,^ phyjici.
tion in the feveral ports of thi« State, fliall be aad they are hereby authorifed and empowered to appoint ans may be ap-
Port-Phyficians, and to reguhte and prefcribe the fees to which they (hall be refpeftively entitled, ac- po^^ed.
cording to the different quarantine ftatioris which they Ihall be bound to attend for the purpofe of in-
fpefting veflelsi as required by the before recited aft, and giving certificates of their Ctuation and con-
dition in regard to the health of their refpeftive crews and pafTengers.
An aSi to fix the perrharient rejtdence of the Governor of this Jlate, chap. 25.
I TT^E it enacted by the General Afjembly oftheflate of North-Carolina^ and it is hereby enacted by the aufho- Governor tore.
' Ij rity of thefamcy That from and after the paffmg of this aft, the Governor for the time being, fliall ^'^* perma-
refidte permanently at the city wf Raleigh, during his continuance in office. lelgh^ ** *'
II. And be it further ena&edf That all afts and claufes of afts, coming within the purview of this aft. Ante) p. 55,
be and the fame are hereby repealed and made void. 127
Former afls
An aB to amend the feveral aBsfor regulating the Pilotage and Navigation of Cape Fear River. CHAP. 46
I, Tr>E it enaSiedby the General Affembly of the State of North'Carolinay and it is hereby enaSiedby the autho-
\ ?v.BJ rit'i of the fame^ That the Commiffionf'rs of Navigation for Cape Fear river, fhall be, and they
vt* hefreby authorifed and empowered to appoint a Clerk, who fliall be ftiled. Clerk for the Board of Clerk.
Gommiffioners j and whofe duty it (hall be to keep a book, and record therein, all the orders, rules and
proceedings of the faid Board of Gommiffioners.
II. And be it further enacted^ That the faid Gommiffioners, a majority of whom may form a Board, CcmmissJoner&'
(hall have power and authority \a hear and decide on all matters of difpute between any Pilot and Mafter authority.
of a veflel, or between the Pilots them:felves, refpefting the pilotage of veffels : and any one of faid Gom-
miffioners may iffue a -warrant againft any Mafter of a veffel, for the recovery of any pilotage, and againft
any Pilot for the recovery of any demand one Pilot may have againft another, relative to pilotage, and
for the recovery of any forfeiture or penalty incurred by any of the afts of the General Affembly, for re-
gulating the pilatage of Gape Fear river ; which warrant (hall be direfted to the Sheriff or any Confta-
ble of New Hanover county, who are hereby refpeftively direfted and ei^oined to obey and execute the
fame, and all other procefs authorifed by this aft j and on any warrant iffued as aforefaid, any one of
the faid Gommiffioners may give judgment for any fum not exceeding twenty pounds, and may iffue ex-
ecution thereon, in the ufual manner of iffuing execution on judgfnents given by Juftices of the Peace v
and any execution fo iffued, (hall and may be levied and fatisfied, agreeably to the rules and regulations
prefcribed for the levy of, and fale under other executions, iffuing under judgments had before Juftices
of the Peace as aforefaid ; and any Gommiffioner before whom any warrant is tried, fhall have power and
authority to (ummon witneffes^ and adminifter an oath, under the rules and regulations prefcribed by law,
in cafes of trials before Juftices as aforefaidi
Bil. And be it further enacted^ That if any Pilot (hall obtain i judgment .before any Jufticeof the Peace, Remedy for
or before any Gommiffioner, againft any mafter of a veffel for pilotage, cbmpenfation or detention, or ^""^ against Pi.
againft any other Pilot for any forfeiture or penalty* payable to him by any aft of the General Affembly j '°''"
or if any mafter of a veffel, (hall obtain any judgment as aforefaid, againft any pilot, for any forfeiture
or penalty, made payable to him by any law of this State, there (hall be no ftay of execution: Provided
al-ways. That if any party (hall conlider himfelf aggrieved by any judgment as aforefaid, he may appeal
to the enfiiing county court of New Hanover -, but if any judgment given againft any defendant, (hall be
affirmed irt the county court, and it (hall be the opinion of faid court, that the faid appeal was prayed for,
arid obtained for thfe purpcffe of delay, the faid court fhall order and a:djtidge thfe faid defendant to pay
at the rate of twenty per cent on the amount of the original judgment, which (hall be added thereto, and
«xecutIon (hall and may iffue for the whole amount, as in other cafes of judgments in faid court.
IV. And be it further enaSiedby the authority aforefaid^ That the faid CommiffioTiers fliall be, and they are
hereby authoiifed and empowered to make and eftablifh fuch rules and regulations refpefting the arrange-
204- 1802, ment and ftation of the Pilots, and rcfpo£ling the rates of pilotage, as to thetn fha|l/eana roofl::,advifab.le
UfVNfcJ and advantageous for the navigation of faid river, and fhall and may lay and injpofe fuch reafon^ble finei
and penalties for the purpofe of enforcing the execution of Inch rales and regulations as they may, from
time to time, ordain and efl:ablifh> for the better regulatioi) of the pilotage ajid navigation as aforefaid;
and they are hereby authorifed and empowered to' make, ordain and eftabiifli, from time to time, fuch
rules and i"egulations as to them fhall feem advifeable, fpr the purpofes aforefaid, not inconfi ftjent with
the conflitution of the ftate 5 and all fines annexed to fa^d rules and ^regulations, fli?!! and may be reco-
verable before any Juftice of the Peace of New-Hanoyer county, or any Gommiffioner of NaV4gaticn, in
the name of the Board of Commifiioners, who are hereby authorifed to warrant .therefor : and when
recovered, ,fhall be applied to th^ jrepair of public wharve§ and dockg arjd jniprovemet^ 0/ .the channel
of the faid river. " .......... . . , ,
Haibour tnas- V. jirid be it further enaBed^ That the faid GommifTioners flijdl and may appoint a Harbour Mafter in
**'• the port of Wilmington, and prefcribe the duties of his office, who ihall be entitled to receive frorij
the maftj^r of ^^ch.yelTd th^t .(haU fnter faid port, the fum of ten fhillings,
CHAP. 47. /in a3 to amend an aSl pnjjed at Hillfiorcughyin the year cne thou/and /even hundred and eighty'four^ entitled
I cannot fiml any it ^^ ^^ fo^ the afjcertaining the fees of Pilots, and appointing CommilBoners.at Ocracock, Beaufort
t:ein'\7^i^ I and Bogue Inlets, " fo far as refpeSis Beaufort Inlet. '•■
sHppsetbeone "V'TrTHEREAS the Commiffioners have never been appointed for, thp navigation of Beaufort Inlet, a?
meant is W was intended by the iefore recited a£l: : for iremedy whereof,
Commissioners ^' ^^ ^ enacted by the General AJfembly oftheJlateofNorth-Carolinai and it is hereby enacted by the authcrity
for Beaufort of the fame. That Jaconiah Pigott, John Marftiall, fenior, George Reed, Elijah Bell, Jofeph Robinfon
I"'"' and William Fifher, junior, be and they are hereby appointed CommiiTjoners for the navigatipn of Be:«i-
fort Inlet and the port of Beaufort, and they are hereby yefted with all the powers that have Jbeeh here-
tofore given or exercifed by any Commiffioners that have been heretofore appointed in any port 0/ thi§
State. • • ■ • ■ ' ...._•.
II. jind be it further enaSied, That all afts and claufes of a6ls, which come within the mpaning and
purview of tliis a<£t, are hereby repealed and made void-
„ r,a An act to alter the time of holding the county courts of fohnfon.
I. TTJ E it enabled by the General Assembly of the State of North Carolina, and it is hereby enacted by the aii^
u-iv n he>ri. ' JLJ thority of the fame. That from and after the pafling of this aft, the county court of Johnfton flialj
i;'85, 2. conltantly be holden on the fourth Mondays in February, May, Auguft and November in each" and every
year, to which time all fuits and'bufinefs of what kind or nature foever, now pending in faid court, Ihall
Itand adjourned, and all procefs whatfoever ifluing frcm the faid court, fhall be made retUTnal>le ; any
tiling to the contrary notwi.thflanding.'
CHKP. 64- -^^^ °^ ^° '^'^^^ ^^-^ ''-^^ °f hojding the 0unty court of Cafiueli.
I. 'T^'K it efiaHed iy the General Afcmbl^ of the /lute of North -Carolina, and it is he'rthy etiaBed by the ay-
whe^held""*^'* -13 '^'"'''Vj' of the fame. That from and after the firfl day of February nen, the county court of Cafv/jii
Anten. 2,1^ ^"^^ conftantly be holden on the jail Mondays of January, April, July and Oftober in each and every
1785 2 ' y^^'' » to which time all procefs of what kind or nature foever, fhall be made returnable, and allfuits ^n-
* ' 4ing iti the faid court, fhall flaqd adjourned 3 any thing to the contrary notwithftanding.
T H E T I T L E S O F T H E P R I V A T E AC T S.
26 An afl for the furHier reRiilationof the .city of Rjileigh, and SO Ari ^fl for the better regulation of the town of Halifa.x.
to arr.end the u<fts heretofore passed for that piir[)o;e. 31 An aift to establish Fairs in ihe Town of Halifax.
27 An afl to provide .for the .better regulation of th^ Town of 32 ^n afl to empower the Commissioners therein named to Jay
Smithfield. ' ■ ■ • oiT into lots, the Ian' formerly laid off as town commons j
28 An aft for regulating -Ordinaries and Retailers of Spiriturus adjoining the town of Warrenton, and Co sell the same.
Liquors by the small measure, and for appointing a Stan- and other purposes.
dard-keeper in the Town of Fayetteville. G3 An a^R to amend an a£l passed last sessioj of the General
29 An ai5l for the bfetter regulation of tbc town of Hillsborougli.
C,5
56
57
38
39
49
41
42
,43
44
45
48
49
50
51
52
53
54
55
56
is
Assembly, for the better re3;ulation of the Town of
Waynesborough.
An aa v> estaU'iish <i Town on John Strother's b.nd, on the
north-east side of Fricnch Broad River, io Buncombe
county, opposite, or a httle above the upjier Warm
Springs, and for other purposes therein njentioned.
An ad to establish an Academy in the town of Wadesba.
rough. In Anson caunty.
An afl to establish a Seminary of Learning at Spring Hill, in
the coun'.y of Lenoir, and to inco-porate the same.
An aa to establish an academy at the court- house m Caswell
County.
An act to esUblish an Academy in the county of Franklin,
An s.il to authorise the trustees of Lumberton Academv, to
raise a certain sum by way of lottery to complete' the
building of said academy.
An a« for the relief of the iWechanics in the town of Wil-
mington.
An aa to establish a Road and Ferry at Elizabeth -City, in
Pasquorank county.
An act to repeal an act, entitled, an act to regulate and fix
the prices for inspecting and coopering tobacco at Fay.
etteville, passed m the year \79l.
An act to alter the time of electing Commissioners for the
town of Statesville, in Iredell county.
An act prescribing the duty, and directing the manner of an.
poirtiiig port-wardens for the port of Wilmington.
An act to<amend the several laws now in fcrce, to improve
. the navigation of Cape fear, and Deep and Haw Ri.
vers. ■
An act to ke- p open the South Yadkin River and Hunting
Creek, fom the mouth of said Creek, as far as they
extend through th; counties of Rowan and Iredell.
An act to attiend an act passed at the la?t session of the Gen-
eral Assembl;- of ihe State of North Carolina, entitled,
an act to open and make navigable Fishing Creek, as far
as may be practicable.
An act authorising the Administrators of Valentine HuflF, late
of the couiit> of Rowan, to sf II and convey a certain part
of the real estate of the said Valentine.
An ac. vesting certain lands ia the diB'erent persons therein
mei)t:.oned. - '. ■
An act to au;horise Fi-spcis X. Martin and Robert Ogden,
junior, of thetownof Newbern, to dispose of Books by
lottery, '
An act to vest in Robert Donaldson, certain lands therein
mentioned.
An act making further compensation to the Superior Court
Jurors for the districts of Halifax and Edenton.
An act to repeal an act, entitled, an act to empower the
county ccurt of Mecklenburg to lay a tax annually for the
payment of its Jurors, pjissed in the year one thousand
seven hundred and ninety-nine,
4« act to repeal part of an act passed at Hillsborough in the
year one thousand seven hundred and eighty-four, so far
as respects Richn-ond county, entitled, "an act to empow-
er the several county courts therein mentioned, to lay a
tax annually for the purpose of erecting or repairing the
court house, prison arid stocks in each county where ne-
cessary, and for defraying the contingent charges of the
county."
An aa to repeal part of an afl pasted in 1801, entitled, "an
afl to empower the county courts of Wilkes, Moore and
Ashe to lay a tax for the purpose of destroying wolves in
said counties, and to repeal an aa passed in the year 1797,
giving power to the county court of Buncombe, to lay a
tax for the purpose of destroying wolves and panthers."
An aa to amend an aa, entitled, an aa to alter the mode of
raising money to defray the expences of the Jurors from
the county of Burke, to the superior and county courts,
»nd other purposes therein mentioned.
3E
59 An aa to authorise and empower the County Trustee of Per- 1 802. 205
son, to sue for and coUea from the colleaor of the county,
the county tax for the year 1791.
60 An aa to empower the wardens of the poor for the counties
of Martin and Robeson, to lay and colka an additional
poor-tax.
61 An aa to provide for the payment of Jurors to the county
court of Carteret.
62 An aa aathorising the county courts therein mentione<^, to
lay a tax for defraying the expence incurred in sup; res-
sing the late insurreaion of the negroes in said cojiuies.
6.T An aa to compel the clerk of Surry county court to keeji his'
office at or within two miles oi the court-hou^e.
66 An aa to empower the county court of Wayne to appoint a
jjroper person to copy the Register's books in said coun-
ty
67 An aa for running and ascertaining the boundary line be-
tween the counties of Montjromery and Cabarrus, f
68 An aa direaing the mode of patrcles in the counties of Qates,
Camden and Pasquotank.
69 An aa to repeal an aa passed in the )ear one thousand seven
hundred and ninety-six, so far as respsas the county of
Perquimans, entitled, an aa making compensation to the
owners of outlawed and e.\ec'.i'ed slaves, for the counties
of Bladeiij Halifax, Granville,' Cumberland, Perquimans,
Be, ufort and Pitt.
70 An aa to repeal in part an aa pa?sed in the ^eal 1785, enti-
tied, "an aa to empower the Justices cf Hertford and Tyr-
rel counties to establish free fenies in the s;iid courities,
and lay a ta.\ for defraying the char.res of the same."
71 An aa to ratify and contirni the proceedings of the Entry-ta-
ker in the county of Ashe.
72 An aa to repeal an act of the last General Assembly, entitled
an act respecting retailing spirituous liquors, so far as res-
pects the counties of Orange, and Person.
7S An aa to invest the property of a Bridge or Causeway through
the Dismal Swamp, from Cambden to Currituck county,
in Frederick B. Sawyer, for the term of twenty years.
74 An aa for the relief of the heirs of James Hazell, senior, de-
ceased,
75 An aa to empower the aaing Wardens of the county of Cur-
rituck, to transfer to Josiah Nicholson of said county, a
cei tain piece of land,
75 An aft granting two separate eleftions to the inhabitants of
the county of Johnston-
77 An aa to establish a separate ekaionin the county of Orange,
and to provide for the preservation of the court-house iii
the town of Wilmington.
78 An aa to divide the second Regiment in Rowan county into
t'^'o separate Battalion musters, and granting to the in-
habitants of Chatham county, residing on the north east
side of Haw-River, the privilege of a Battalion muster.
79 An aa granting a separate elefiion at Averysborough in the
County of Cumberland.
80 An aa to establish a separate eleaion at the house of Daniel
Smith in the county of Cumberland.
81 Ab aa grahtivg additional eleaions in the county of Samp-
son, and for other purposes.
82 An aa granting a separate eleaion in the town of Sneedibo*
rough, in Anson county.
83 An aa to grant a separate eleaion and Battalion muster to the
inhabitants of Wajne county.
84 An aa granting three separate eleaions to the inhabitants of
the county of Duplin.
85 An aa to repeal an aa, entitled, an aa to alter the time of
holding the eleaion in the county of Duplin, passed last
session of Assembly,
86 An aa granting three separate etections to the inhabitants of
Randolph county,
87 An act to establish an additional separate election *ni battal-
ion muster in the county of Cravenj
206 1802.
88 An act to estal>i;sli two sepitate battalion musters in the
county of Onslow.
89 An act granting a separate hatta'ion muster in the county, of
Pitt, and to alter the place of ho'ding the separate elec-
tion in said county.
90 An act to amend an actjjassed in the year ot»e thousand se-
ven hundred and ninety-two, entitled, an act to es ab-
lish separate general musters and elections in the counties
of Craven and Beaufort.
91 An act to establish a separate election at the house of Willi-
am Judkins, in Irf dell county,
92 An act alterir.s the time ot holding the separate election at
Mattan-uskeet, in the county of Hyde.
93 An act granting a separate election in the county of U ash-
ington .
94 An act to amend an act, entitled, an act granting three sepa-
rate elections in the county of Onslow.
95 V^n act to alter the place of holding the battalion muster and
election in the county of Bladen.
96 An act for altering the time of holding the two separate elec-
tions in the county of Stokes.
97 An act to alter the time of holding the several separate electi-
ons now established in the county of Surry, and to estab-
lish an additional separate electioa in said county, and for
other purposes. . , , . r ,.
98 An act granting a separate election to the inhabitants ot the
county of Wilkes.
99 An act to alter the place of holding one of the separate electi-
ons in the county of Ashe-
100 An act for the relief ol Uriah Sullivan, late Sheriff of Bruns-
wick county,
101 An act empowering Richard Allen, Sheriff of Wilkes coun-
ty, to collect the arrearages of taxes due him.
102 An act to empower C. WUliams, Sheriff of Montgomery
county, John Matlock, Sheriff of Rockingham county.
and <!amuel Speight, Sheriff of Greene cmmtr, fo collect
the arrearages of taxes due them for the year orte thou-
sand seven htrndred and ninety nine.
103 An act to authorise David Jones, late Sheriff of New-Hati-
over county, to collect the arrearages of taxes for the year'
one thousand seven hundred and ninety-nine.
104 An act to incorporate the Royal White Hart Lodge, No. 2,
in the town of Halifax
105 An act to incorporate Unanimity Lodge, No. S4t in Rock-
ford, Surry couTity.
106 An act to authorise St. John's Lodge, No. 3, to raise by
lottery the sum ■^f two thousand dollars'.
107 An act to incorporate the Rising Sun Lodge, No. 58, of
the town ot Morganton*
108 An act to secure to iLlizabeth Campbell, wife of Archibald
Campbell, such estate as she may hereafter acquire.
109 An act to alter the names of the persons therein mentione<}.
110 An act to alter the names of the persons therein mentioned.
111 An act to alter the names of the persons therein mentioned,
and to legitimate them.
112 An act to emancipate the persons therein mentioned,
113 An act to emancipate Charies, the property of Matthew
Davis, senior, of the county of Surry.
114 An act to divorce John Spell, of the county of Edgecombe^
from his wife Celia. „ . „
115 An act to divorce Isaac Cowan,, of the County of Rowan,
from his wif« Sarah. ^ , . -
116 An act to pardon and restore to credit, Jesse Dawkins ot
Richmond county. ^- , ^ „ , e
117 An act to pardon and restore to credit, John Hamilton pt
the county of New-Hanover, and William Laws of the
cotmty of Wilkes.
118 An act to pardon and restore to credit, Zadock Stallings pt
the county of Johnston,
Read three times and ratified in General Assembly, this irth day of December, Anno Domini, 1802.
Joseph Riddick^ s. s.
Stephen Caba&rus, 5. h, c
1803. 207
tSvismmtmmmmmiti m i iiij»i«i»»iiitiliilllwi.».j-JWkai»i<«jM«uuiwi»wtLJ«iwi»a«i»g«Mwi^^
At a GENERAL ASSEMBLY, begun and held at Raleigh, on the twenty- {^^I^J^^^^^.
first Day of November, in the Year of our Lord One Thousand Eight vemor.
Hundred and Three, and in the twenty-eighth year of the Independence
of the said State*
ji/i aB to extend the jurifdlBion of a Jingle JuJUce^ and to amend the fiver al Laws in force in this State relative to crTAP; I.
the recovery sf Debts before a Ju/lice of the Peace. Ante p. 57,,
WHEREAS it hath been found by experience that the extenfionof the jurifdiftion of afingle juftjce ^^^«
of the peace has contributed greatly to the advantages of the good citizens of this State ; it be-
ing reafonable therefore to prefume that a further extenfion to the amount of thirty pounds, (equal to
what is ufually called the Book Debt Law) would add to the advantages already felt,
I. Be it enacted by the General AJfembly ofthejlate of North-Carolina^ and it is hereby enaBed hy the autho' ^^'^*? °n"?'
rky ofthefameiTYvAt from and after the firft day of March next, all debts and demaads of thirty pounds one justice. ^
and under, for a balance due on any fpecialty, contraiSt, note or agreement, or for goods, wares and mer-
candize fold and delivered, or for work and labour done, or for fpecific articles, whether due by obliga-
tion, note or afTumpfit, or for any judgment which may have been granted over twelve months by a fingle
juftice of the peace and no execution have iflued thereon, or for any forfeiture or penalty incurred by vir-
tue of any a£t of the General Aflembly, are hereby declared to be cognizable and determinable by any one
juftice of the peace out of court ; fubjedl iievertheiefs to the right of appeal, as in fimilar cafes, who may
give judgment thereupon, and award procefs of execution for the amount of judgment, intereft and cofts,
in the fame manner as in fimilar cafes is already or may hereafter be provided for ; Provided alivays, that
the ftay of execution on all fums over twenty, and not exceeding thirty pounds, except as herein excepted,
ftiall be had in the fame manner and for the fame time as is provided already by law for all fums over ten,
and not exceeding twenty pounds^ ^
II. And be it further enaSiedy That in all cafes Where the efvidence of the debt on which a judgment jj^ ^f^ ^f g^.
may be founded, (hall be that of a former judgment of twelve months {landing, no ftay of execution ecujon allowed
whatever (hall be allowed. on a former ex-
And nvhereas doubts have arifen whether any Inveftigation or decifion can be legally had on a warrant ^'^"*'''"*
in any cafe after thirty days from the date thereof, although the fame may have been executed and return-
ed in due time, and for fufficient caufe fhewn poftponed by the juftice before whom it was fo returned ;
for remedy whereof,
III. Beit enaBedby the atsihority dforefaid, That in future it {hall be in the power of any juftice of the Postponement
peace within this State, on fufficient caufe {hewn on oath, by either plaintiff or defendant, their agent or *^'"w^'*'
attorney, to poftpone from time to time, or continue for trial, any civil matter or cafe that may come before
him. Provided, fuch poftponement or continuance fhall in no cafe exceed thirty days ; and it fhall be
lawful for any juftice of the peace to "aft on faid poftponement or continuance, the original date of the
warrant exceeding thirty days notwithftanding.
IV. And be it further enaBedy That all judgments given by a juftice of the peace {hall bear fix per cent Interest on
intereft on the original fum until the fame fhall be actually paid or otherwife fettled, any law to the contra- judgment.
ry notwithftanding.
V. And be it further enaBed, That whenever a judgment {hall be given in the abfence of either plaintiff Proceedings to
or defendant, by any Juftice of the Peace, whether execution hath been ifTued or not, that on application ^e had whea
of fuch abfent party, his or her agent or attorney, within ten days after the date of faid judgment, to the J"°S"ient is
juftice who awarded the fame, on fufficient caufe {hewn on oath Or affirmation, why he, flie or they could fence of *he
not attend the day of trial, it fhall be the duty of faid juftice, to iffue his order to the plaintiff, defendant, iJaitiea.
or officer, as the cafe may require, in jJofTeffion of the papers, relative to the fuit, to forbear any further
208 1803.
F.xecutions re-
turned in three
months.
Deposition of
inhabitants of
another county
or state, to be
adminea.
Former afls re-
pe^ed.
proceedings thereon, and immediately to bring the fame before him or fome other juftlce for reconfiderar
tion, provided that the applicant fhall giyefufficient fecurity for his appearance : It fliall alfo be the duty
of the juftice aforefaid to iflue his fummon directed to fome proper officer to caufe the parties, with their
witnefles, to appear before him, or fome other juftice, at fuch time and place, not exceeding thirty days, as
lie may think proper, where the cafe fliall undergo a fair inveftigation, and be fubjefl to the fame proceed-
ings as if it had never been acied on ; and the officer to whom the fummon may- be direCted, ihall receive
for his trouble in executing the fame, the fame fees he is entitled to fgr fummoning witnefles, to be taxed
en the party at whofe inftance it iflued. .,-,,;
VI. J[nd be it further enabled by the authority afore/aid, That from and after the aforefaid firft day of March
next, all executions iffued by a juftice of the peace fhall be made returnable in three months from the date
of faid execution j and when any execution fliall be returned, not fully fatisfied and difcharged, it fliall and
may be lawful for any juitice of the peace for faid county, to ifliie another execution for the fum fo remainj
ing due on the former execution.
yil. And be it further enacted. That the depofition of any perfon who is an inhabitant of another county
or ftate, other than that in which any fuit may be depending on a warrant before a juftice of the peace,
fliall be admitted on trial of fuch warrant to' be read as evidence ; Provided always, that either plaintifl^or
defendant fliall in all cafes refpedling depofitions be governed by the fame rules, regulations and reftrid\ibns
as are ufed in taking depofitions in other cafes in the courts of law within this State, fo far as refpeds tim^
and notice : and provided alfo, that fuch depofitions may be taken by one juftice of the peace, when th^
adverfe party may attend and trofl-examine.
yill. And be it further enacted, That all afts and claufes of ads which come within the meaning ancj
purview of this a<£l, are hereby repealed ai),d made void.
CHAP. 2.
State of Tsn-
ne:>oee to isoue
grants. £ic.
1739. 3.
No grant ro is-
sue which hive
hoc be,;n is'iieU
by (hat state.
No preferer.ce
to be given to
citizens of Ten-
nessee.
No gra-nts to
Martin Arm-
Strong, &c.
Military war-
ants.
What grants
shall have pre-
ference.
An aSl to authorife the State of Tennejfee to perfeB Titles to Lands referved to this State by the Cejfion aB.
I. 1^ E it eneiSted by the General Affembly of the fate of North-Carolina, and it is hereby enacted by the author!';
J[3 0' oft^efame. That upon this a€l being agreed to, and ratified by the State of Tenneffee, as an
agreement between this State and the {iiid State of Tenneflee, and upon the afTent of Congrefs being ob-
tained thereto, the faid State of Tenneflee fliall have full power and authority, and '4s hereby vefted
with full power and authority, to iffue grants, and perfedl titles to ail claims of land lying in the faid
State, which under and agreeably to an ad, entitled "An zCt for the purpof? of ceding to the United
States of America, certain Weftern Land? therein defcribed," pafled by the Legiflature of this State, in
the year one thoufand feven hundred and eighty-nine, remained and were referved by the faid a£t, to be
iffued andperfe£led bjr. this State, in as full and amp'e a manner as the State of Ncrth-Carolina poflefll'4
the fame, under the following conditions and reftriftions, to wit :
That no grant fliall be iflued by the faid ftate for any lands which, by the aforefaid aft, and the laws
of this State then in force, or made in purfuance thereof, fince the pafling of faid aifl, might not have
been iflued by this State. Nor fliall any grant be valid, but thofe iflued oii bona fide claims, and within
the provifions and refervations of the before recited a£t, and fuch as would have been valid, if the fame
had been iflued bv this ftate under the aft aforefaid, and the laws then i» force, and fu^h as have been
fince made in purfuance of faid aft of ceflion. . . rri
That in entering and pbtaining titles to lands, no preference fliall be given to the citizens of Tennefle«
over citizens of any other State, claiming under this State ; nor fliall any occupancy or pofleflion give
preference in entering or obtaining titles, fo as to injure or take away the right of any perfon now claiming
by entry, grant, or otherwife under this State. ^ . _ ^
That no grant fliall iflue to Martin Armftro&g, or his deputies, or any perfon or perfoiis claipamg un-
der him or them, for any fervices as Surveyor, until a final fettlement between the State of North-Caro-
lina and the faid Armftrbng fliall be made ; after whi£h grants fliall ifl"ue for fuch lands as he may be en-
titled to. . ,
That this State referves exclufively the right of ifliiing military warrants.
In ifliiing grants on military warrants, entries made in Martin Armftrong' s Office, until he was fufpend-
ed by this State, fliall be preferred, and next to thofe, the entries which have been made in the Office of
William Chriftmafs, who is hereby continued and confirmed as the Surveyor of the lands on all entries
in the Entry-taker's books in his pofleflion, not heretofore furveyed, during his good behaviour. Alfo,
that John Brown be continued and confirmed as the Surveyor of the lands in the Enllern diilriiH:, in roosri 1 805. 20J
of Stokely DonncHon, during his good behaviour. That the faid V/iUiam Chriftmafs and John Brown v.,*'V«^
enter into bond in the fum of live thoufand pounds each, with fulEcient fecurity, payable to the State of
TeflnefTee, for the faithful difcharge of the duties repofed in them.
That the Secretary of this State fhall continue to ifTue grants upon all Surveys rerurned, or that fhall Secretary of
be returned to his office, before the ratification of this agreement or <;ompa£l: between the two ftates, bv ^'^*^ '" '^''"^
^i-c^^rrri/r ' grants until the
the State of Teiineflee. ^ _ ratification.
And in .order that the State of Tenneflee may poflefs the information necefTary to the deteftion of fraud Warrants and
in obtaining claims and grants to lands lying in that State, and for the purpofe of facilitating the ex- Piatstobede.
ecution of good titles, all warrants and plats upon which grants fliall not have iflued, at the time of ll^'^''^'* '° '^'^
the ratification of this eompacSlby the State of Tenneflee, fhall be delivered to any agent or agents of gent"^"*^**'
that State, duly auchorifed for that purpofe ; and that the agent or agents of the faid State be permitted
to take copies of all grants, or any other paper or papers which concern the land claims within the State
of Tenneflee, in tlie Secretary's Office of this State : And notwithfl:anding fuch copies may be receiv-
ed as legal evidence in the State of Tenneflee, it is always to be under.'tood as a provifion, that any
tranfcript from the faid Office of this State, ihall at all times hereafter, be received as evidence in the faid
State of Tenneflee.
That fo much of this ai^ as relates to the taking of copies by the Agent or Agents of Tenneflee, from When this aa
the Secretary's Office, fliall take efl^eft from the paflage hereof Provided, that none of the faid copies shall take ef-
fliall be removed or taken out of the office of the Secretary, until the Governor of this State Ihall be no- •
tified by the Governor of the State of Tennefl"ee, of the ratification of this aft on the part of the State of
Tenneflee, and until the Governor (hall alfo receive a notification of the affent of the Congrefs of the
United States being obtained thereto.
That in taking tranfcripts by the Agent or Agents of Tenneflee from the faid office, the l^jsoks and Books and pa-
papers foto be tranfcribed, fhall always be under the care of the Secretary of this State ; and that as a P^""* '° •'« ""-
compenfation for fuch care and trouble, the State of Tenneflee fhall pay the faid Secretary fix hundred j^g *gg^ '^j'^^ °^
dollars, in two inftalments : The firfl inftalment of three hundred dollars to be payable within fix months
after the ratification of this a£t on the part of the State of Tenneflee ; and the fecond inflialment when-
ever the faid State of TennefTee fliall procure by its agent or agents tranfcripts of the grants ifl"ued by the
State of North -Carolina, for lands lying in the State of Tenneflee, as aforefaid, and fuch other papers as
be may deem neceflTary relative to the landed property of faid State.
An aB to ratify an amendment of the confiitution of the United States, CHAP. 3*
WHEREAS the Senate and Houfe of Reprefentatives of the United States of America, in Congrefs
afTembled, having at the feffion which commenced at the City of Wafhington, in the territory
of Columbia, on the feventeenth Day of (^ftober, one thoufand eight hundred and three, being the firfl:
Seffion of the eighth Congrefs, Refolved, two thirds of both houfes concurring, that the following para-
graph, as a fubfl:itute and in lieu of the thijrd paragraph of the firfl feftion of the fecond article, be pro-
pofed to the Legiflatures of the feveral States as an Amendment to the Confiitution of the United States,
which, when ratified by three-fourths of the State Legiflatures, to be valid to all intents and purpofes as
partijf the faid Confiitution : Which amendment is in the following words, to wit : « The Ele€lorsffiall The amend-
meet in their refpedive States and vote by ballot for PreCdent and Vice-Prefident, one of whom at leafl ment.
ftiall not be an inhabiunt of the fame State with themfelves. They fhall name in their ballots the perfon
voted for as Prefident, and in diflindi ballots, the perfon voted for as Vice-Prefident, and they fhall make
difl:indl lifls of all perfons \oted for as Prefident, and of all perfons voted for as Vice-Prefident, and of the
number of votes for each ; which lifl: they (hall fign and certify, and tranfmit fealed to the Seat of Go-
vernment of the United States, direfted to the Prefident of the Senate. The Prefident of the Senate (hall,
in the prefence of the Senate and Houfe of Reprefentatives, open all tlie certificates, and the votes (hall
then be counted. The perfon having the greateft number of votes for Prefident, fliall be the Prefi-
dent, if fuch number be a majority of the whole number of eleftors appointed ; and if no perfon have fuch
majority, then from the perfons having the highefl: numbers, not exceeding three, on the lifl of thofe
voted for as Prefident, (he Houfe of Reprefentatives (hall choofe, immediately, by ballot, the Prefi-
dent; but in choofing the Prefident, the votes (hall betaken by States, the reprefentation from each
§tate having one vote, a quorum for this purpofe fha^ confift of a member or members, from two- thirds
3F
210 1803. of the States, and a majority of all the States fhall be neceiTary to a choice j and if the Houfe of Repre-'
v^-^vO fentatives ftall not clioofe a Prefident, whenever the right of choice fliall devolve upon them, before the
fourth day of March nex^ following, then the Vice-Prefident (hall aft as Prefident, as in the cafe of the
death or other conftitutional difability of the Prefident. The perfon having the gre^teil number of votes
as Vice-Prefident fhali be the Vice Prefident, if fuch number be a majority of the whole number of E-
le£l;ors appointed ; and if no perfon have a majority, then from the tvro higheft numbers' on the lift, the
Senate fliall choofe the Vice-Prefident. A quorum for the purpofe, fhall confift of two thirds of the
number of Senators, and a majoirity of the whole number fhall be necelTary to a choice ; but no perfon
conftitutionally ineligible to the office of Prefident,. fhall be eligible to that of Yice-Prefident of the Unit-
ed States."
ment*'^^fi^ I- Be it therefore enaBedby the General Apmlly of thefiate of North-Carolina, and it is hereby enabled by the
authority oj the fame, That the faid amendment agreeable to the fifth article of the original conftitution be
held and ratified on the part of this State in Heu of the aforefaid third paragraph of the firft fedlion of
the fecond article as an amendment of the Conftitution of the United States of America.
■ . . . * . *
CHAP. 4. ^" aB for eflabliflnng a Mutual Infuranm Society againft Fire on buildingr, goods and furniture in this State:
WHEREAS the ruin occafioned to individuals by the ravages of Fire has, in molt countries, produced
aflbciations for the purpofe of Infurance, by which means the lofles, which woixld be otherwife
infupportabie to the fufFerers, are rendered more eafy to them, and not more burthenfome to the infurers
than might be reafonably expe£l;ed, and would be readily aflented to, from a comparifon of the.:moderate
contributions, with the advantage of having the deftroyed property replaced. And whereas the utility of
fuch an inftitution is increafed, in proportion to the extent of its operation, and the number of its mem-
bers.
An Insurance I. Be it enacted by the General AJJembly of thefiate of North-Carolina , and it is hereby enacted by the authe-
ttlunsw^ct ^'^^ °f *^^ f<^"^«y That an infurance be eftablifhed, to be called and known by the name of « The Mutual
Socieiy. Infurance Society, againft Fire on buildings, goods, and furniture, in the State of North-Carolina :" The
principles whereof (hall be, that the Citizens of this State, or others, owning property within the fame,
may infure their buildings, goods, and furniture againft Iofl"es and damages occafioned, accidentally, by fire,
peTcd *° °' ^^^ ^^^^ ^^^ infured pay the lofles and expences, each his (hare, according to the fum infured : And that
books be opened in different parts of this State, under the diredlion of John Haywood and Jofeph Gales
at Raleigh ; of David Tate and John H. Stevely at Morganton ; of John Steele and Lewis Baird at Salif-
bury j of William Norwood and William Whited at Hillfborough ; of John Eccles and John Hogg at
Fayetteville ; of Goodorum Davis and Abraham Hodge at Halifax ; of Jofiah Collins, fenr. and Samuel
Tredwell at Edenton ; of John Devereux and Francis X. Martin at Newbern j of Jofhua G. Wright and
George Hooper at Wilmington, for receiving the fubfcriptions for infurance againft fire on buildings,
goods, and furniture in the State of North-Carolina ; fuch books to be opened on the firft day of Febru-
ary next, and kept open until the Society fiiall otherwife direft. That on the firft day of May next, returns
1st of May. ^^^^ ^^ rtiade, by the feveral perfons heretofore named, to the faid John Haywood and Jofeph Gales at Ra-
leigh, of a tranfcript of the amount of the fubfcriptions made on their refpe£tive books, diftinguifhing, in
fuch returns, what amount is on buildings, goods and furniture refpe£lively : and on the event of the fum
If 300 000 dol- fo fublcribed, exceeding the fum of Three Hundred Thoufand Dollars, it Ihall be the duty of the faid John .
Haywood and Jofeph Gales to give public notice thereof, in the State Gazette, and to appoint a meeting
of the fubfcribers in perfon, or by proxy (conftituted by delivery of the certificate of fubfcription, the pro-
duftion of which fhall be deemed fufficient, until other provifion be made by the Society) in the City of
ing on*thTl"i'h Raleigh, on the fixteenth day of June next ; and if the fubfcriptions at or before the faid meeting, or fo
June. foon thereafter as they fhall amount to the faid fum of Three Hundred Thoufand Dollars at leaft, the faid
Tubscribers " ^i^bfcribers fhall be confidered as a body politic, under the name of " The Mutual Infurance Society, againft
corpoiated. ^^e on buildings, goods, and furniture in the State of North-Carolina," and, by that name, fhall have per-
petual fucceffion, and a common feal ; and may fue and be fued, plead and be impleade<l, anfwer and be
anfwered, defend and be defended in any Court of law or equity in this State, or elfewhere, and may buy
and fell, receive fubfcriptions for infurance to any amount, purchafe and hold any real or perfonal eftate
in pofleiTion or a£lion, reverfion or remainder, for the benefit of the Society, and for the more efFeftually
enabling of them to fulfil the objeds for which it is formed ; but neither the fubfcribers, their agents,
I nor any one or more of them, fhall be liable to be fued as iadividuals, for any niatter done by the faid So-
lars subscribed.
General meet-
Ifiety ; and each perfon, at the time of fubfcribing, fhall receive a ceitlficate thereof paying, therefor twen- 1 803. 2 1 1
fy-five cents.. , ' < — y— /
II. And be it further enaEled by the authority aforefaidy That a majority of any number of members, not lefs KuUs and re.
than one third in number or value, fhali have power, from time to time, to frame and eftabiiih fuch rules s^'^tions to be
and regulations, as to them fhall fcem meet, for the faid Society, and toaher and amend them at pleafure, ^^^^ '
' which rules and regulations fiiuU be binding upon the members thereof, to all intents and purpofes in law
and equity ; to fix the premiirms, according to' certain rates of hazard, to be paid by the perfons infured i ^'^'^^l^ '° ^^
and to eleft a Prefident, Directors, a Cafnier General and= any other Officers.
ill. And be it further enaBed by the authority aforefaid. That the Prefident and Directors, or one-third of I'residert and
them, ihall have power, according to the rates of premiums, to fix the quotas to be paid by the peifons in- ^^'•'«^<^'^« to fix
fiired, for the purpofe of making^ reparation to the injured,_who ftiall be proved to have fuftained lofs or *^^"'"**'
damage by fire, and have not directly of indire£Vly wilfully occafioned the fire ; and alfo for the purpofe
of raifing and keeping up a fund, that nlay be deemed fufficient to pay the annual lofTes and expences.
IV. And be it further enabled by the authority aforefaid. That the property infured (but none other) {hall ftand Property in-
pledged, and engaged as a fecurity, and fhall be fubje£t to be fold, if neceflary, for the payment of any ^"'''^^ to stand
quota •, that in cafe of a mortgage, or other transfer of infured property, the fame {hall continue equally ^* ^
liable for the payment of the quotas, as if the right thereof had remained in the original owner ; but the
mortgagee, or other transferee, fhall be entitled to receive from the feller, an endorfement of the policy of
infurance, and to recover from him any fums of quotas, which miay be due from the felier, afthe time of
fuch fale, and {hall be decreed to be paid out of the property infured, and fhall be adtually paid. That
the faid mortgagee or other transferee, his heirs, executors, or adminiftrators, fliall alfo be liable for any
quota becoming due after fuch mortage or transfer ; that any quota, or part thereof, due at any time, by a- Qiiotas to be
ny delinquent fubfcriber or member, may be recovered on the motion of the Calhier of the faid Society "^^o^e'ed on
before any Court of Record within this State, giving fuch previous notice to any fuch delinquent fubfcri- Cashier"^ ^''*
ber or member, as the Society^ by their rules', may prefcribe, and fuch Court {hall have jurifditiion to hear
and determine the fame, and to caufe their j udgments to be enforced with cofts, by any legal execution,
faving to any perfon againft whom a motion {hail be made, the right of a trial by Jury, if he {hall defire
it. That in any adVion, motion, or fuit, inftituted againft- any perfon charged to be a fubfcriber or mem-
ber, for the recovery of a quota, due from him to faid Society, any copy from the books, papers, or re- ^^^Py of the
cords of the faid Society, as far as fueh copy relates to the delinquent member or fubfcriber, certified by s^,"'^''' °^ l^^
the Agent General or Ga{hier upon oath, and figned by the Prefident, or, in hisabfence, by any two Di- relTa^s eV-*
re£lors, under the feal of faid Society, {hall be received as evidence of his fubfcription and declaration, ^ence.
and have as full faith and credit in all the Courts of this State, as if the originals were produced. And
the Agent General and Calhier {hall, at all times, be deemed competent witnefles, notwithflianding any Agent g«neral
allegation of intereft, arifing from the allowances made them for their fervices. That upon any judgment ^""^ Cashier
or decree for a default in paying a quota, intereft at the rate of fix per cent per annum, until paid ordif- nes""r*"' *'''"
charged, {hall be included, and the recovery thereof fhall be enforced, in the lame way, and chargeable
upon the property infured, in the fame manner as the principal fum itfelf. That when foever it fliall be 1^061 "d^° "*
necefTary to refort to the property infured, the fame proceedings fhall be had againft the perfons who hold S q^iotas """
the fee fimple thereof, as in the cafe of the delinquency of any fubfcriber, as above provided for, infancy
or eoverture notwithftanding ; and in any cafe arifing under this aft, fuch proceedings ftiall be had by beTrdt^ffnsf
the direftion of the Court, as juftice will permit ; that any widow, tenant by courtefy, or other perfon, insured pVoper-
having a lefs eftate than a fee fimple in the property infured, {hall pay a reafonable proportion of any ^^'
quota incurring in their life time, to be adjufted by the Prefident and direaors on application. That as
long as there {hall be a default in the payment of a quota, the property {hall ceafe to ftand infured : but
upon the payment of the quota, the infurance, which may have been difcontinued, fhall be revived ; but
that a perfon fubfcribing and not making a declaration, fhall forfeit two per centum on the amount of his,
her, or their fubfcriptions.
y. And be it further enacted by the authority aforefaid, That buildings, held by tenants for life, or years, Ruildm^ h^Id
widows m right of their dower, and by orphans, may be infured in the aforefaid Society. Providel that by tenants for
the declarations for infurance ihall be figned by the tenants for life, or years, or widows, and the guardians ''^'' ^^•
or truftees of fuch orphans as the cafe may be, which declarations for .infurance fo figned, {hall be binding
on fuch buildings, and the perfons who have figned fuch declarations and their reprefentatives, and particu-
1 irly on the aftual owners of fuch property, in the fame manner as if fuch declarations had been figned by
212 1803. the owners, In fee finiple of fuch property ; fuhje£l however to rtie fcfioy/ing provifions, limitations, and
reftridlions. In cafe the houfe of a tenant for Jife be deftroyed by fire, after infurance fuch tenant for life
Ih^U annually (liare from the faid Society, during his or her life, the intereft accruing on the principal
funi of the lofs infured, and the principal money fhall be paid, after the death of fuch tenatjt for life, to the
perfon or perfons who aj-e entitled to fuch houfe ox houfes, in reyerfion or remainder i and in cafe fuch
buildings be the property of an infant, the principal money fhall be paid to the guardi^ or truftee of fuch
infant. Provided altvays, that the Society may make and adopt fuch other rules, in the cafes of buildings
of tenants in poflefTion and expeftancv, as to them may feem juft and proper.
recover"heir'° ^^- ^"^ ^' '* further inaBed by the 'authority aforefaid, That any perfon, whofe property ftands infured,
[ossTty t^'ti. in conformity with the rules and regulations of the faid Society,, fhall have the fame mode of recovery
on. againft them by motion, as is herein before given to them againft delinquents. Provided always, that all
All suits against fjjjg againft the Society, fhall be brought in the County Cpurt of Wake ; that it fhall be lawful for the
beVrouS iH fai'^ Society, to require a greater number of fubfcribers or members, to conftitute a meeting, on fubjeGs
Wake. deemed by .them peculiarly important, than the number herein before mentioned. That, in cafe no proxy is
What shall be appointed for any meeting of whatfoever number it may confift, the Senator of the county, or Reprefen-
done where ^^^^^^ ^^ ^.j^^ ^^^^^ ^^^ ^^^ ^^^^ of fy^h Senator, the fenior members of the Houfe of Commons, from
app^'o^nt^'atT fuch county, may aft as fuch proxy. As there may be perfons who will not wifh to join the mutual
meeting, concern, this Mutual Infurance Society fhall be at liberty to iiifure the property of fuch perfons, on the
The society terms and conditions they may agree upori,
^% noun'lhe This ad fhall cothmence and be in force from and after the paffing thereof,
society.
CHAP. S. Jn a5i direSling the manner of appointing EleBors, to vote for a Preftdent and Vice-Preftdenttf the United
States.
^HEP E AS by the late Cenfus taken of the People of the United States, this State is entitled to
eledt fourteen Eledors, to vote for a Preftdent and Vice-Prefident of the P'nited States, and,
whereas the laws now in force, only provided f(?r the eleftion of twelve Electors :
State to be di- I. Be it enacted by fhe General AJpmbly of the Jlate of North-Carolina, and it is hereby enacted by the author
vivided into 14 rity of the fame, That this State fhail be divided into fourteen Diftrias, for the purpofe of choofing Elec-
districts. jQj.g^ jg y^j.g f-^j. ^ pre£de,it and Vice-Prefident of the United States, in the fpUpwing manner, to wit ;
The districts, the Counties of Rutherford, Burke, and Buncombe fhall compofe one Diftrift ,• the Counties of Meck-
lenburg, Iredell, and Lincoln fliall compofe one Diftria ; the Counties of Surry, Stokes, "Wilkes, and
Alhe fhall compofe one DIflria ; the Counties of Rowan, Randolph, and Cabarrus fliall compofe one
Diftria ; the Counties of' Rockingham, Guilford, Caswell, and Perfon fhall compofe one Diftrift ; the
Counties of Wake, Granville and Johnfton iliall cpmpofc one diiliia ; the Counties of Chatham,
Orange, andMoorefhall compofe one dlflria ; the Counties of Richmond, Cumberland, Montgomery,
Anfon, and Robefon lliall compofe one Diftria-, the Counties of Perquimans, Pafquotank, Camden,
Currituck, Chowan and Gates fliall conipofe one Difhia ; the Counties of Bertie, Hertford, Northamp-
ton, and Martin, ftail compof? one Dilbia ; the Counties of Beauunt, Tyrrell, Walhington, Hyde, .
Pitt, and Edecomb flinll compofe one Diftria /the Counties of Lenoir^ Carteret, Craven, Jones, j
W
Timeof elec- Commons of the General Afferably of this State, ,in the faid Counties refpeaively, Ihall meet on the fe- .
t«on- cond Friday in November next, And in Counties wherein fepar^te eleaions gre direaed to be held, on j
fuch days preceding the faid fecond Friday in November next, as are l?y law prefaibed, for holdmg fe- |
parate eleaions in faid Counties r^fpeaively, except in the County of Wilkes, in which- County the elec- '
tion as by law direaed, may be clofed, on the Saturday following the fkid fecond Friday, at the place or
places by law eftabliflied in their fcvqral Counties for the eleaion of Members of the General Aflcmbly,
and there give their votes for fome difcrcet perfon being a freeholder, and aaually refident withm the
Diftria, in which faid votes are given, as an Eleaor to vote for a Prefident and Vice-Prefident of the
United States. That the poll Ihall be held in the fame manner as for the ekaion of Members of the
Sdc!mparr General Aflembly, and the Sheriffs of the Counties within the federal Diftrias herein eftablifhed,^ fhall,
the pells. pn the Tuefday after the fecond Friday in November i)cxt| ^hd on t|»e Tuefday followmg the faid fecond
I
'Friday in November, in every four years thereafter, meet at the Court -Houfe of the County, fivft nr.med 1803. 213
in fueh diftri£l, and then and there compare the polls, taken at the ele£i:ions in their feveral Counties, and i^f^-^
;jihaving afcertained, by faithful addition and comparifon of the number of votes, the perfon having the «
•greateft number of votes, giving their own votes in cafe the two foremoft on the poll have an equal num-
ber of votes ; but in cafe no one fliall then have a majority, it Ihall be determined by drawing lots, (IrAl
proceed to certify fueh ele£tion, under their hands in'manner and form following, ,to wit : We A. li. Sh^rH^'s to cer-
Sheritf of County (or Deputy Sheriff, as the cafe may be, C. D. Sheriff of ' ^.^'^^'^^ ^•"■
County (and fo on, reciting the names of the Sherilfs or returning Officers of the feveral Counties within
-the Diftritt, compollng one entire diftri£l entitled by law to appoint an Elector to vote for a Prelldent
•and Vice-Prefident of the United State*) do hereby certify, that at an ele£lion, held on the days and at
the places appointed by law within our refpeftive Counties, the Voters qualified to vote for this purpofe,
;have chbfen as an Eie<i^or, to vote for a Prefident and Vice-Prefident of the United States.
.jGiven under our hands this day of in the year And two fair
..duplicates of fueh certificate, and return fhall be made by the fald Sheriffs' or their deputies (as the cnfe Diipiicate cer-
may be) under their hands, one of which (hall be delivered to the perfon eleded to reprefent fufh DiU rew!fed°o%.e
trid, and the otlier fhall be tranfmitted to the Governor within twelve days, under the penalty of fifty person elected,
pounds upon each and «verySheriff\holding fueh eIe£lion, in cafe of his or their f.iilure lo fo doing, to be Penalty on ult.
.recovered by the Attorney or Solicitor General, to the ufe of the State, by action of debt in any Court »re-
of JRecord witliin the State, in the name of the Governor: and the Governor (liall, upon receipt pf The Governor
fueh certificates, proceed to make out and certify three :Iifts of tha names of the perfons fo chofen, j^" '^^"'l^)'' f'"-^-"
'..which lifts he Ihall caufe to be delivered to the faid Electors on or before the firit Wednefday of Decein- sons chosen. '^'
jierthen next enfuing, as dire£led by the A£l of Congrefs.
II. jind be it further etiaifed. That four years after the eleftion herein above defcnbed, (and every four An eleaion c-
years thereafter) there fhall be, in the feveral Diftri£ts herein made and prefcribed, another elediion of ^^""J' ^^"' >'^*'*-
Ele<3:ors, to vote for a Prefident and Vice-Prefident pf the United States, to be held on fueh daj's and at
fueh places as are herein before prefcribed ; And all fueh afi:s, matters, and things, as are herein direct-
ed to be done and obferved at and after the eled ion herein direfted by the Governor pf the State, and
by the Sheriffs of the counties, compofing the aforefaid Diftri«fl:s, ftiall be done and obferved at every
fubfequent-eleftion, by the Governor for.the time being, andrby the then Sheriffs -of the feveral Counties
in the refpeftive Diftrj£cs aforefaid, underthe rules, regulations, and penalties herein prefcribed and di-
Te£led.
III. jft»«/^-f//j9/r/^«*^«iit7/'ef. That the EIe£tors chofen under this aft, fliall affemble at the City of TheElec^omo
Raleigh on the firft Wednefday of December, in the year one thoufand eight hundred and four, and on ^^[H vved^**
the firft Wednefday of December next after their appointment in every year, that they (liall be appoint- nesday in De.
ed and give their votes for a Prefident and Vice-Prefident of the United States. cember.
IV. jindbe it furiher enaBfd, That whenever the offices of Prefid«nt and Vice-Prefident fliall both Governor's
become vacant, it is hereby declared to be the duty of the Governpr of this State, upon receiving a noti- duty in c^e of
• fication of fueh vacancy from the Secretary of State of the United States, forthwith to iffue his proclama- ^ffice"of Hrelll*
tion, diredingthe Sheriffs, of the feveral Counties of this State, to hold eleftions within their refpeftive dent and Vice
Counties, for the appointment of Eleftors of Prefident and Vice-Prefident of the United States, on the I'resident.
days of the year in which fueh vacancymay happen, as are herein prefcribed for holding the regular and
•ftated ele£l:ions, Provided there Ihall be the fpace.of two months between the date of fueh notification
and the faid firftiWednefday in Decembernext following the date of the faid notification ; but if there (hould
not be the fpace of two months between. the date of the faid notification, and the faid firft Wednefday in
December, then the Governor Ihall fpecify in his proclamation, that the Eleftors fhall be appointed or
chofenin the year .next enfuing the date of fueh notification on the days herein before ftated : and it is
alfo hereby declared, that the Eleflors appointed in the manner dire£led by this feftion, ihall meet at
Raleigh on the firft Wednefday in December after their appointment, and give their votes for a Prefident
and Vice-Prefident of the United States.
V. And be it further ettaBed,Thzt each Eleftor, chofen purfuant to this a£V, with his own confent pre- Penalty on any
vioufly Cgnified, failing to attend and vote for a Prefident and Vice-Prefident of the United States, at the j^ ^ttend*'''"^
time and place herein direfted^ (hall (except in cafe of ficknefs, or other unavoidable accident) forfeit and
pay.two hundred pounds to be recovered by the Attorney or Solicitor General, to the ufe of the State, by
action of debt in any Court of Record ; and any Sheriff,. or returning Officer, refufing to take the poll,
3G
214 1S03.
Eherifr.
The payment
ofeledors-
Provision in
case of sick"
Tiess.
Former a<Sl re,
pealed.
Ante, p. 29.
wTien he (hal! be required, by a perfon qualified to vote, or making or fignmg a falfe certificate, or return^
of an election, as herein direfted, or making any erafure or alteration in the po-11 books, or refufing to fuf-
fer any candidate, or perfon qualified to vote, at his own^ expence^ r-o take a copy of the poll books, (hall
forfeit and pay one hundred pounds, which may be reco-vered with cofts in any Court of Secord, by any
psrfon who will fue for the fame, in an aftion of debt. One half to hia own ofe, and the other Iwlf to'
the '.ife of the State.
VI. And he it further enaSied^ That the Ele£l:ors appointed in purfiiance of this aft, {hall be allowed for'
their travelling to the City of Raleigh, ami their attendance, the fame cbmpenfation as by law i^ allowed
Members of the General Aflembly, and {halhbe entitled to the fame privileges as Members of the Gene-
ral AfTembly / and the f?.me allowances (hall b^ made to the Sheriift for their travelling expences and at-
tendance, to compare the polls, with an additional allowance for the-expences they may incur for convey-
ing the duplicate of their certificate to the Governor.
Vir. And be it further enaSled, That, in cafe any of the Eleftors chofert, as by this aft' dire£l:ed, tovote
for a Prefident and v^ice-Prefident of the United States, fliould, by reafon of ficknefs,or any other caufe>
be unable to attend and give their votes, as herein prefcribed, the General Aflembly (hall ami may appoint,
by joint ballot of both Houfes, feme other perfon or perfons' belonging to the Diftrift,- for which the per^-
fon or perfons, fo failing to attend, fhall have been chofeni to fupply the place or places of the perfon or
perfons not attending as aforefaid ,- and the perfon or perfons fo appointed by the General Aflembly, fhall
be deemed and confidered, to all iments and purpofes, as the Eleftor or Electors of tlie difl:ri(Sl, out of
which he fliall be chofen as aforefaid, and as fuch ftiall give his vote in the fame manner as the other Elec--
tors chosen for the feyeral Difl;ri£ls herein eftablifhed..
VIII. And be it further enaSted by the authsrity- aforefaid. That" an aft, entitled « An aft relative to the
appointment of a Prefident and Vice-Prefident of the United States," and all other afts, and parts of afts^-
coming within the purview of this aft be^.and the fame are hereby declared to be repealed and made-
void.
CHAP. 6.
Ante, p. 16. 94.
Three Com-
missioners to
]be appointed.
To settle differ-
ences.
Titles of land
not to be af-
fe<aed.
Allowances to
Commission-
ers.
Surveyors,
markers 8tc.
An aSf appointing Commifjtoners to extend thehundary line of this State, and the State of South-Carolina.
WHEREAS it is of high importance that the limits of this State fhould be accurately defined ; and
whereas all foimer laws have failed to have the defired efieft :
I. Be it enacted by the General Ajjembly ofthefl-ate of North-'Carolina, and it ij hereby enalled by tlie authiority
of the fame, That there Ihall be appointed by joint ballot of both houfes of the General Aflembly, and com-
miflioned by the Governor, three Cbramiffioners, to meet the Commiflioners who already are, or hereaf-
ter may be appointed by the State of South-Carolina, at fuch time and' place as the Executives of the tw(>
States fhall or may direft, aild with thetn to fettle all and Angular the differences, eonttoverfieSj difputes
anc^ claims that may fubfift between this State and the State of South-Carolina ; and to fix and eftiablifh
permanently the boundary line between this State and the State of South-Carolina, and the fame to mark
and afcertain as difl:in£l;ly as may be, as far as the eafl:ern boundary of the territory ceded by the State of
North-Carolina to the United States : Provided neverthtlefs. That the extenfion of the faid line fliall not af-
feft the titles of any perfon or perfons to the lands entered in either of the faid States y and this State will,
at all times hereafter, ratify and confirm all and whatfoever the faidComraiffioners, or a majority of them,
fhall do in and touching the premifes by virtue of this aft, and the fame fliall be binding on this State.
II. And be it further enaSfedby the authority aforefaidyThst the CommiflTioners appointed in purfuance of
this aft flia'l, for their perfonal fervices, be allowed the fum of forty fhillings per day, and forty fliillings
for every thirty miles in travelling to and from the bufinefs contemplated by this aft ; and they (hall make
a return of their proceedings tO' the next General Aflembly, after the time they ftiall have perfefted the
purpofes of their appointment ; And further, faid commiffioners are hereby authorized and empowered
to employ one or more furveyors, and fuch number of markers as they, or a majority of them, ftiall deem
neceflary; and there fhall be allowed to each- and every furveyor appointed by the faid Commiffioners, for-
ty fliillings per day for their fervices, and forty fhillings for every thirty miles in travelling to and from
the duties impofed upon them by this aft ; and to each marker or chain carrier twenty fliillings for every
day they fhall be employed in running and marking the lines as aforefaidj and twenty fhillings for every
thirty nailes in travelling to and from the duties impofed upon them by this a£t.
1903. 215
fil. And he it further tm'aed by the authority^ cafe of death, refighation or refufnl to aft
of any of the Commi ffioners herein appomted, the Governor of the State is hereby emX^^^^^^^^ , ,
and hll up any vacahcy occafioned in manner as aforefiid • ;.nH rh^t fK- n^ ' ^uipuwerea to appoint o-v->j
fhalJ, as foonns-may be, after the ratifKatioh of twfra trm^it a coit t^^^^ ?^'^" ''"^' ''^'"^' fi^r'^"'"^^'^
State of South-Carolina, accompanied with a req u^^ I that the Se of sUth r v '^'^^'T''' °^ '^^ ^ -«- «^
without delay with this State in efFeding the purrofls of thi^^^^^^ ^°"^^ '°'°P''''''
IV. ^/.^^^.»/>W*^^.«W, That the Governor iliaU ifTue his xvarrant upon application of fald com Go^.^.or to is.
miffioners declaring that thoy ar6 ready and about to proceed to the running of the faid "nfon the T^T sueSwi "
.^'Jl^^^Si^^f'^ ^^^-'^ ^-^^^'^^^ comingwithi.tKe-mea„i„gof this P........
on landsv,
^"-^ 'orai/e a Revenue/or ti;epayfni„t of the a^^^^^^^^
T ■w^v ' , ,,■ • Ohethoufand eight hundred and four. ^ ^ CHAP. 7.
R /-//"f *-i^k ^ General Affemhly oftheflate of North. Carolrna, and it is herd. enaBedby the authority r ,
U e^'^f/a/wf, That for the year one thoufand eight hundred and four at»v J ^;„C ^ ^ Tax on lam .
hundred acres of Jand with.n J. Scata ;. and a .,x IfWwlgs! t ^e '^huldXoCdtX"? P*- "'
town lots, w,th thcr ■mptovements ; and a tax of two ftiUinrs on every poll, (hall be E co S'J
Sd provrded*? ■ '" *''""' """""^ " .adireaedbjr the feveral aft/of Aflen,bly,1n f^Sl'cat mIS
II. Amlbiitfirtha'n^ti, that a tax on all ftud horfes and iack-alTes within thU S„f. „CI, f ii „. .
SJarSi'TerenneaT 1'"* *"^'r'" " r^=^^^
^fef^^^'^e^^tl^ll'aS^^^^^^^^^^
IV yfwrf ^f ttf.-rther enacted^ That each and every perfon who {hall hereafter neddle or hawt „««^c • t •
Tn^er J": rrfr ^'^'T' ^f ""f °'^^'" ^ '^""" ^-- ^he Cle^klf fcJ^fco^^^^^^^^^^
under his feal of office; and the perfon fo peddling artd hawking fhall pay to the Clerk before obtainS"
^.d licence, the fum of ten pounds, to the ufe of the State, to be%ccounted for by the ClerCin .be famf
manner as tax fees are accounted for, and any licence fo obtained, fhall authorife faid peXr to peddle and
hawk goods, in any and every county in this State, for the term of one vear And if nn! c^t
|.eddle or hawk goods in any Lunty If this State, without faidTence, hi ftall f^rfeif an/ n^v ^h". ^ ^"''''""•
of twenty pounds, to be recovered by tlve Sheriff, or any other perfonVthe county b^htEh^eMf"
peddle, before any Juftice of the Peace, in the name of the Governor : One half to the ufrofliid Sheriff
or other perfon ;. and the other half to the ufe of the State. i>henff„
V. And be it further enacted. That all Merchants, either wKolefale orretail, (Hall pay a tax of fiftv fhil
hngs on each and every (tore in this State, at which they fhall fell any eoods Zrl7lr ^ u%- ^^""^ '^°'^ ^»
and all merchants, or owners of ftores as aforefaid, fhall give n h is. hL^ or LrS/o^^^ \^? ''"'
caemaybe, with thelift of their taxable propert;under'th:Wu^^^^^^^
S'XS;! ''"""'"'"' '^'''^ ihallbeleJied, coiIe£led, andaccounted^rtl^fLf^anr;
diz TaliTv'fil'y^r-^^"^ of thelJnitedStates, and breaTb1l^t\S le'fa^^^^^^^^^^^ ^^^^^^.r.
dize, (hall pay fifty fhiUmgs, to be colleaed by the Sheriff of the county wherein fuch vefTel m.Thf T ^"''"^*' '° P*?
VW ' i Sj 'V" r"^"^^'/^JAJ" *'^ ?r — - the other taxe^s areTy thiraft dt "e^ '' ^"- '' '""-^^
eigltwlf^^d^S: '"'''''' "^"'^ "^ '"'^"S '""^ '^^ ^'^^ '^ -"^^^'^ ^- ^^ y- oneloufand .o sink..
fund tax.
A" "^f'f^^L'^'i ^^' Defettdant, on an indiamntfora libel, to give the truth in evidence .„ «
aeiendant, who fliaU be charged by mdiament with the pubU«ation of a libel, to prove on the tria° for the ^^^"^
216 1803. fame,. the trtith of the facts alledged in the bill of mdi<n:ment ; and upon the introduftion of tcftimony,
v-x-v^O if it fhall appear to the fatisfaftion of the Jury, that the fa£ls are true, with the publication whereof the
Ai'diftrueto Defendant (lands charged, fuch evidence Ihall be deemed to be a complete jutli fiction of the charge,
h«tification. * any law., ufage or cuftom to the contrary notwithftanding.
w
Chap, -9. ^« a^ -^ amend an act pajjfed in the year one thoufand eighihundred and onc» entitled , " An aft to fix an uni-
form time for taking the lift of taxable property, throughout the State, and -for enforcmg the collection
" * P' • of taxes. '
'HEREAS the before recited ,a£t makes no provifionforthe colledtionpf taxes from perfons who
fail to give in their taxable property, and are neij;her cited by a Gonftable, nor returned by a Juf-
ticepfthe.Peage to the Clerk of the County Court, '
SherifFs to col- J, Therefore be it enaSiedby the General AJJfernhly ofthejlate of Norih'Cardina-t and it is hereby enaSed by tf^
tax from" Mr. authority of the fame ^ That in future it (hall be the duty of the Sheriffs, of the feveral Counties witljin the
sons not giving State, to colledl a two- fold tax on all polls or taxable property of the above defcription, one half of which
in property. they may retain to their owii ufa, and the other half they fhall account for on oath to the Comptroller,
Ante p. 6. . at the fettlement of the public accounts ; which lift and oath fhall be, made out in conformity to the fe.^
, cond chapter of the adt of one thoufand feven hundred ajid ninety xjne^ entitled /* An a6t to amend the
revenue laws of the State. ' > • , . ■■ . .. .. , . -^ . ., .. . . •
CHAP. 10. An act to amendtheforty-firflfectionofanact of the General Affentblyy entitled " An 3i£k. fpr eftablifhing
Courts of Law, and for regulating the proceedings therein.
2, 1777, 2. ^% THERE AS the faid fecStion frequently operates much to the injury of the citizens of this State, and
W other fuitors in the courts of law, by requiring that ten days notice Shall at all timesi and in
all cafes, be given of the time and plage of taking the depofitions of perfphs about to leave the State.;
For remedy, whereof, .• ■ ' • • ' ' ■.
Part of the 41?t J- Be it enacted by the General Affembly of the fate of North-Carolina^ and it is hereby enacted Jby the mttho-
seaion o^ihe r//j) ^/Aeyjj;»^, That fo much of the forty-firft fe£l:ion of the above recited aft as requires that ten days
pealed ^^' notice (hall be given to the adverfe party, of thetirne and place of taking the depofitions of perfons.about to
leave the State, be and the fame is hereby repealed j and. from and after the paffin^ of this aft, it (hall
and may lt»e lawful to take the depofitions of perfons in a dangerous ftate of health, or about to leave the
. . State, under the.rules and regulations prefcribed by faid forty fir ft feftion <jf laid recited aft, gn giving to
sick persons ^^^ adveffe party or parties the. following notice of the time and place of taking the fame, to wit, in all
may be'taken. cafes where he, fhe or they do not refide, or is or are not more than ten miles diftant, three days ; in all
other cafes, one day more for every additional ten milps which the faid party or parties may- be diftant
,. from the place of taking faid depofitions, ' ~' • '
CHAP. 11. An fflSi ,to amend an aB pajfed in December, one thoufand eight ^hundred and two,, entitled .*' An aft to amend
S:e/>uit,f,:U9. the fixth fefti6n of an aft pa^fTed at Raleigh, in the year one thoufand eight hundred j\nd one, en* :
Ante i,. 169, /;V/^^ « An aft to amend the feveral Lai idiaws of this State." ' ■■ '
WHEJIEAS it may happen that perfons who have made entries of land in the years one thoufand
eight hundred, one thoufand eight hundred and one, and one thoufand ei^ht hundred and two,
may not have it in their power to pay the purchafe money for the fame into the Treafury, by the twenti-
eth day of December, one thoufand eight hundred and thre?, as by law required, and thereby be in-
jured by thejir. entries lapfing: For remedy whereof,
*irw^df™^h ^' ^^ *' enactedby the General lAffemhlyf the fate of North-Carolina, and it is hereby enacted by the authority
I °^tnt'^£ of the faine, Thzt A claimants of entries of lands made in the years one thoufand eight hundred, one thoti-
I)urchasemo- fand eight hundred and one, and one lljoufand eight hundred and two, who lliall not have paid for the
ney of lands, fame before the twentieth day of December, one thoufand eight hundred and three, fhall have until the \
twentieth day of December, which will be in the year, one thouf^ eight hundred and four, to pay the
purchafe money into theTreafury for the fame ; and all entries 'b pp'/l for are declared to be as good and
valid in law, as If the fame had been paid for, according to the fifth feftion of an aft pafled in the year
one thoufand eight hundred arid one, entitled " An aft to amend 'the feveral Land Laws in this State,**
\ or according to any other aft. J And the faid entercrs (hall, within two years after the faid twentieth day
^December, one tlioufand feight hundred and four, perfeft their entries bjr grant. And all entries not 180S, 217
-pe^efted by grant within the time afprefaid, {hall be deemed lapfed, and fhall revert to the State, any i.,.^v-«»j
Aing to the contrary notwithftanding : Provided always, that every perfon fliall be at hberty to pay for All entries not
and fecure as far as fix hundred and forty acres by him or her entered, either finely or jointly with others, P^''^^.'^'^'* '"
, rr-iifi.' ' . 6;j; > dim time lapsed.
m the years aforeiatd, and no tanner. Persons a) low-
II. And fie ^t further enaSied^ That this law fiiall be in full force from the day of the ratification thereof, ed to pay for
^ , 640 acres, and
Au aEl to repeal Jo much cf an a5f pajfed in the year of our Lord one thoufand feven hundred and feventy-f even, etu- chap. 12.
titled *« An tiQl for appointing Sheriffs and dire6l:ing their duty in office," •which requires Sheriffs to ob-
tain aanmijfions from the Governor, previous to their entering on the duties of their tfjice ,- and to direB the ^' '''» °*
. manner in ivhich they pcdl he commijjiened in future,
I. "Yy^-^^ ■^"'^^^d h ^^^ General Affembly of the State of North-Carolina, and it is hereby enabled by the aiitho- Provision In
J3 '"''I' of the fame. That fo much of the firft feftion of the above recited a<Sl:, as direfts Sheriffs to former afl re^
obtain commiffions from the Governor .previous to their entering on the duties of their office, be and the P**'^'^-
fame is hereby repealed and made void.
.II. And be it further ena^edg That all Sheriffs hereafter appointed giving bond and fecurity as hereto- Certificate
fore, (hall be fyUy empowered to enter upon the duties of their office, on obtaining a certificate from the ^^""V "'^ ^\^'^^
clerk of the county in -which tliey refide, attefted by the chairman of the Court. sufficient," ' ^
III. And be it further enabled. That all Sheriffs who have heretofore failed to obtain a commiffion from ^ag ^f former
the Governor, as by former Jaws required, be and ho is hereby exonerated and fully diicharged from Sheriffs vali-
all fines and forfeitures which have or might accrue in confequence thereof, and that all ads done by them, dated,
or any of them in the office of Sheriff, according to the duties of thdr office, be and the fame are hereby
.rendered valid, any law to the contrary notwithft^nding.
An a6i to facilitate the divif on of Lands. CHAP. 13,
lE it enacted by the General Affembly of the State of North-Car ohn a, and it is hereby enacted by the autho-
rity of the fame, That in all cafes in which a tenant in common of any piece, tra<fl, or lot of land. Means to be ta-
{hail'be abfeiit out of the State, it (hall be lawful for his co-tenant, defirous of having faid land divided, to ^!" ^„ ''* **'
, , — ^ , nsTit 111 con)*
give notice of fuch his intention, under an order of the Court, in which the petition fliall be filed, for fix mon is out of
weeks fucceffively, by advertifement at the court-houfe, or three different places in the county, and in the t^ie s«te,
-State Gazette ; and on proof thereof, the court fhall proceed as if a copy of the petition and fummons had
been per fonally ferviedo
An a£l to (tmend thefeveral Land Laws in this State, fo far as refpeBs furveys being made and returned info CHAP. I*;
the Secretary's Offce.
WHEREAS by an aft of the General Affembly, of this State, paffed at the laft feffion, all lands en- Ante, p. 197.
- tered previous to the firft day of January, one thoufand feven hundred and ninety-eighty that may
have been paid for as by law dire<3;ed, and not furveyed and returned into the Secretary's Office by the
firft day of January, one thoufand eight hundred and four, are declared lapfed lands to the State, which
in many inftances will tend to the great injury of .many of the good citijzens of this State : For remedy
whereof,
I. Be it enacted by the G(neral Affembly oftheflate of North-Carolina, and it is hereby enaEiedby the authority Further time
of the fame. That all bona fide entries of lands in this State made previous to the fiift day of January, one allowed for sur-
thoufand feven hundred and ninety-eight, which have been paid for, (hall have antil the firft day of De- veying and re-
cember, in the year one thoufand eight hundred and four, to have faid lands furveyed and returned into the *""""S *"'*^'
Secretary's office ; and all fuch lands not furveyed and returned into the Secretary's Office, by the day a-
forefaid, fhall become void, and are hereby declared lapfed lands to the State, and may thereafter be en-
. tered by any perfon as other vacant and unappropriated lands in this State^ any law to the contrary not-
withftanding.
An aB to repeal the fifth feBion of an aB. of the General Affembly, pafjed in one thoufand eight hundred and one^ CHAP. IS.
entitled «* An aft to amend the feveral Land laws in this State." Ante, p. 170
!• T^E it enacted by the General Affembly of the faie of North-Carolina, and it is hereby enacted by theauthori' Sectic *^*^'
j[3 *y rfthefamey That from and after the paffing of this aft, the fifth fedtion of an aft of the Gene- ed
' 3H
2^18 1803. fal AflemWy, pafletf in the year one tlioufand eiglit hundred and one, entitled " An aft to amend the feve*
U»-v-0 ral Land Laws of this State," be and the fame is hereby repealed and made void, any thing to the concra*--
ry notwithftandijig,
CHAP. 16. An aB to authorife the Secretary of St ate y to ijjiie nvarrants and duplicates thereof.
WHEREAS the law enabling and authorifing the Secretary of this State to iflue warrants to peffons
who were on the mufter-roll, has expired the latter end of laft fefTion : and as the numerous ap-
plications to the General Aflembly both for original and duplicate wairants, confume much time, both in
obtaining documents from the Secretary and canvaffing the property of the refpeftive claims :
Secrefar)' to is- Wherefore be^it enacted, That the Secretary be and he is hereby authorifed toifTue warrants ki all cafes to
sue warrants j.u r i. /t_ n i i n • t i '
to all persons thole who fhall be legally entitled.
legally entitled. II. And be it further enacted, That this a£l (hall be in force from and after the riatification thereof. .
CHAP. 17. An act to empower the County Courts to make aliowatfce where lands are returned ofi the lifts of taxable property
by mijlake or otherwife^fo that a certificate from the Clerk of the Court may he allowed as lijls oj infohmts.
WHEREAS it often happens that perfons are over-charged on Aeir lifts of taxable property, and do
not difcover the fame until the Clerks have made their returns to the Comptroller of State, ,
rmistake"in'"' •^" "^^ '' enaSied by the General Assembly of the State of North Carolina, and it is hereby enacted by the
making entry authority of the fame. That in future where it fhall appear to the fatisfadlion of any of the County Courts
happens. jn this State, that any perfon or perfons are charged with more land or polls on their lift or lifts of tax-
able property than he or they ought to pay for, the faid Court may order their Clerk to give a certTfi-f
cate for the quantity of acres or polls fo over-charged, which certificate fhall be received by the Treafurer
of the State, in part of faid tax from the Sheriff of faid County, any law to the contrary notwithljanding.
CHAP. 18. An act tc amend an act paffed at Newbern, in the year of our Lord 1111, fo far as refpects the appointment of
2, 1177 9. Rangers, entitled « An aft: to prevent abufes in taking up ftray horfesj. cattle, hogs and Tueep, and o-
ther things therein mentioned."
WHEREAS by the above recited aft, the refpeftive County Courts within this State can appoint
only one Ranger for their refpeftive counties, which is found by experifenee to be inconvenient
and troublefome : For remedy whereof.
One otmon Be it enacted by the General Ajfembly of thejlate oj North-Carolim, and it is hereby enacted by the authority
langers may be cf thefame,ThdiX. the refpeftive County Courts in each county within this State, fhall or may appoint one
appointed. ^^ more rangers for their refpeftive counties, under the fame rules, regulations and reftriftions as are pre-
fgribed in the above recited aft, any thing to the contrary notwithftanding^ .
CHAP. 19 An aB to repeal that part ofthefirjl claufeof an aB of the AJembly of one thoufand feven hundred and ninety-five.
Ante D 83* entitled « An aft direfting the manner in which the clerks of the feveral Superior an^ County Courts
{hall hereafter make their returns to the Comptroller." that requires the Clerks to make oath in open court.
WHEREAS the above recited aft makes it neceflary that the Clerks of the feveral Courts within this
State, fhould fwear to their accounts in open Court and have them fubfcribed by all the Judges
or Juftices prefent, and in many inftances this is neglefted to be done during the fitting of the Court,
and the returns thereby prevented from coming on to the Comptroller's office in due time :
Returns of Therefore, be it enacted by the General Affembly oftheflateof North-Carolina, and it is hereby enaBed by the
Clerji^s to the authority of the fame. That from and after the pafTing of this aft, all returns of the Clerks of the feveral
may 'be°'sworn Courts within this State, hereafter made to the Comptroller, may be fworn to before tvi^o Juftices of the
to befcie two Peaceful of Court, which return, when fworn to as aforefaid, fliall be confidered as valid as thofe fworn
Justices. to in open Court ; Provided akvays. That when he {hall exhibit his return for probate, he fhall produce
the. dockets of faid Court from whicU- faid return is made, for the infpeftion of the faid Juftices, before
whom fuch probate is made.
"HAP; 20. ■^ ^^ *" (intend the fevirallaws now in force,- to regulate and fix the prices for infpeBing and coopering Tobacco in
this State.
Inspe&w, j^ Ji'^^^ enaBed by the General .Affembly of the State of North-Carolina, and it is hereby enacted by the autho-
-■^ ^fity oftbe fame^ That from, and after the palling of this aft, tlie Infpeftors that are or Ihall be ap-
fJointed to mfpecl tobacco at the feveral warehoufes in this ^tate, fhall and may take iht following fees, 18G3. 219
viz. for infpeiSling, taming up, coopering, finding nails, hoops, and ifTuing a note, for every waggon hogf- ^ ' ','
iead, the fum of feven fliiiiings ; and for each arid every rolling hogfhead, the fum of eight ftii?Iings, and a 1777 13.
no more. b . ,
II. And be it further enaBed, That all ads arid parts of afls, which come within the purview and mean-
ing of thl^ aft, be and the fame are hereby repealed and made void.
An aB giving further time for the probate and rtgiflration of bills of [ale arid deeds of gift.
'Eitenacttdiy the General Ajfembly of the State of North-Carolina^ and it is hereby enacted bx the autho- p"'*.^' ^''0
rity oftljejame^ That all bills of faie and deeds of gift, not already proven and recorded^ ftiall have twoVears af-
a further time of £wo years allowed for the fame ; and tl>at all bills of fale and deeds of gift proven and 'owcd,
recorded in purfuance of this aft, fhall be valid to all intents and purpofes^ any law to the contrary not-
MS&thftanding.
An act to direct in what manner the fees of a Coroner on holding an Inqttefi fhall be paid. chap 22
I- XyE '^ enacted by the General AffemUy of thefiate ofNorth-CnroHna, and it is hereby enaSiedby the authori- Treasurers of
_|3 ty «/ the fatne, That hereafter, whenever an inquefl (hall be held, that the Treafurer of the conn- counties to pay
ty wherein the fame may happen, fhall pay oft the coft and charges of the fame out of the county monies, ""^ '^''*" "^"^^
any law, ufage or cuftom to the contrary notwithftanding. j^quest.
An act to amend the Militra Laws of this State, and revife that part which relates to the Cavalry Department, chap. 11*.
WHEREAS it appears that the Militia Laws of this State, do not perfeftly anfwer the good purpc- ♦ rhts should
fes for which they were defigned, and in many cafeis' enjoin duties difficult to be performed: beU
For remedy whereof,' Ante, p. 159.
I. Be it eiiaBed by the General Ajfembly of the Jlate of North'Cdrolina, and it is hereby 6naBed by the aittho- Ofli ers to take
' i^Uy of thefimey That it fhall be the duty of the militia officers in future, feverally to take and fubfcribe fi"g°*''' °^ °^*
fheir oaths of office, before the commanding officer of the regiment or battalion to which they refpedive-
ly belong, before fome Juftice of the Peace,- or in manner as is already provided by law.
II. And be it further enacted by the authority aforefaid. That it fhall be the duty of each and every officer Officers receiv-
on \frhom the militia law hath enjoined it to colled fines and forfeitures for or in confequence of any de- "'? ^'^^^^ \
linquency, to take the following oath, which fliall be adminiil:ered by the Judge Advocate, in open Court
Martial, by a Juftice of the Peace, or by a captain of a troop or company, as the eafe may require, viz.
*' I, A. B. do folemnly and fincerely fwear, that I will ufe my heft endeavours to colled all fines and for-
feitures agreeable to the precepts to me delivered, and duly account for the fame according to law, to the
befl of my knowledge and abilities, io help me God."
III. And be it further enacted, That the right of appeal (hall be referved from a company to a regimen- R'ght to ap-
tal court martial, and that the feveral courts martial fliall in future have power and legal authority to ad- P^^'"
journ from day today, or to any future day, when it fhall be the duty of the officers entitled to compofe Courts martial
the fame, to attend under the ufual penalties by law, already eftablifhed in fuch cafes, and at which- ?*>' *;^J°>»'"
time the unfinifhed bufinefs of the Coiirt may be aded on : Provided, that if there fhould not meet a /ay" ''^ "
fufficient number at the place of adjournment to form a quorum, that the officer ordering the fame fhall
have power to continue its adjournments. And provided alfo, that when any original court martial fhall
be ordered, and a fufficient number of officers do not attend to form the fame, the bufinefs of faid court ''
ihall ftand adjourned until the next court martial in courfe.
IV. And be it further enacted. That each and every paymafter within this State, appointed, or hereaf- Paymasters to
ter to be appointed, fhall give bond and fufficient fecurlty in the fum of one hundred pounds payable to g've bond,
the commanding officer of the Regiment and his fucceflbr In office, for the faithful accounting for agree-
able to law, all fums of money which may come Into his hands by virtue of his appointment : and it fhall
be the duty of the commanding officer aforefaid, under the penalty of one hundred pounds, to fue for the
fame, and on recovery thereof, apply it as is already by law direded.
V. And be it further enacttl, That all officers who have in their hands either money or papers received OiTicers to dell-
ih virtue of their appointments, fhall, when they leave their office, pay and deliver the fame to their fuc- ^^'' "'""•^^ °'.
cefTor in office, under the penalty of fifty pounds, to be recovered by their fuccefTor in office before any suox'tsors.
jurifdidion having cognizance thereof, and when recovered, applied to the ufe of the regiment or com-
2^0 1803. pany to u-hlch they may refpefilively belong, firft deducing his fucceflbs's neceffary cofts and chargo^
' ^-''^ ' therein expended. *
ma "form 1°'^' VI. 4nd h it further enaBed, That the (Uffereat VokiiUeer Corps in this State fhall poiTefs and enpv an •
laws. °"" ^ exclufive right to form by-laws and regulations for their own goverrmient, which by-laws when, adc^ed,
ftisll be enforced by a «iajority of the officers commanding the fame by way ^f fine, and applied agree;i-
ble to their own rules, and that each individual (hall be bound ther«|by, Providedf that the ,fam^ fliall (9.
no cafe be inconfiftent with the Laws and Conftitution of this $tate^ nor of the United States^, any thing
herein contained to the contrary notwitiiftanding. - .. . 1 ..
roiut'an Ad^u' ^^' "^""^ ^^ ^' further enaSied^ That each Colonel Commandant fliall appoint one Adjutant, whofe 4u-.
tarn. '*y *^ ^^11 '^s to attend the day previous to each Regimental review, in order to muftigp and t^-ain the dif-
ferent officers compofing fuch Regiment. That the Adjutant ftiall be allowed for fuch iervices as theCn^rf >■
Martial may think proper, to be paid out of the fines, coUefled by virtue of this a£t.
sldicr Gene^li' ^^^^' ^"^ ^^ it further enaSled, That it fhall be the duty of each Major General and Brigadier General
to take an oath! "ow in conimiffion in this State, within fix months after the paffing of this zQi, to take and fubfcribe in
any Court of Record within this State, the oath required bylaw-, for enforciug and ol>ferving military dy-
ty, and all Major and Brigaclier Generals hereafter to be appointed, ftxall within fix months after their ajp-*
pointment, take and fubfcribe the faid oaths as herein dire^ed. '
* Umded. And whereas the lawsintended to govern the Cavalry of this State, vefo.comptex andbHoded^ with the
lawe defigned foj the govemnq^nt of the Infantry, that it is wit^i extrenie difiicwlty th^t the Cav^by de-«
partment can comprehend their duty : for remedy whereof, ' . . ,.
*^o section ' * Qg it enacted by the authority aforefaid^ That the rules, regulations and reftridtions herein after .|)rovi-
tie ori'^tnal" ^^^' ^^'' ^ ^'^^ ' regulation, governrhent and difcipline of the Cavalry of tjiis State, to yv'it : that there
■^ . fhall be to ej^ch Regiment one Lieutenant-Colonel Commandant and two Majprs, to be appointed incaf^
thegovernment °^ vacancy, by joint ballot of both Houfes of the General Aflembly, and commiffioned by the Governor
,oi the cavalry, for the time being ; and that cut of the Militia enrolled in this State, there may be formed out x>f each re.»
^imental battalion that have a Separate mufter, at leaft cne troop of Horfe, to be formed of volunteers,
and fhall be uniformly clothed in Regimentals at their own expence, the colour and faffiion tp he deter*
mined by the Field Officers of Cavalry of the Regiment or Battalion to which they belong, and to each
company one Captain, two Lieutenants, one Cornet, four Sergeants, foxir Corporals, one Saddler, one
J'arrier, one Trumpeter, and not lefs ^han thirty Dragoons ; the commiffiojied Officers to furnifii them*
felves with good horfes, at lealt fourteen and a half hands high, to be armed with a fwqr^ and pair of pif^
tols, the holfters of which ffiall be covered with bear-flcin, and each Dragoon to furnifh -himfelf with a fer*
viceable horfe, fourteen and a half hands high at leaft, a good faddle, bridle, hreaft-plate ^nd crupper^ a :
pair of boots and fpurs, one piftol at-k-aft arid .hoiftersj a fwoi'd and cartouch. box to hoy tjvelve cartridg.^
.es for piftols, and the -Field Officers, as well as all " btheTCOmniUnoned Office;rs, fhall r^fide within thie
"brigade, county, or .company diftri£l In wKich tlvjy refppftively. command. •
Nf. person in a ^l. And ie it further macted, That iio pcrfon'tkat now is,, or ihallhereafter procure :}iimfetf to be e:n-
iroop of horse rolled in any troop of horfe, fhall lie permitted to return to ihe -infantry, except, by conlent of the cap'- ■
t(> 'CMirn tothe j^-j^ ^^jj.^^ whom he may he enrolled, or bv removal out of the county where fuch perfpn was enrolled,
'" *'"'^* and it fhall be fufficient for any perfon to'-be enrolled -and approved .by dip Ca^jtain of any troop of Cavali
ry, without the intervention of any other. officer whomfoever. ' • • ' . j
Where the ca- XIL And be it further enaBed^ That the commanding -Officer of e-ach and every tegirnet^t of Cavalry, '
valry shall be fhall rnufter his regiment at die place of holding the fuperior courts of the diftriit to whieh"faid regiment
mustered. belongs, except fuch Diftrids as have two Regiments of -C^y^ky, in which .cafe it ihall.be atXuch places' ^
as the commanding officer fhall dire£i, at leaft once in two .yeats, under the penalty of twenty-five pounds.,
and fliair once iii every year, on or befo-re the meeting of the -General Aflembly, make a juft re*
tqrn of his regiment to the Governor for the lime being,' under the penalty of twenty-five pounds: Pro-
vided akvan, That the companies of Cayalry -when attending the general mufter .of the regiment or bat»»
talion oif Infantry, fliall he under the -command of any field officer of cayalry if prefent on parable, except
'^2'^ «''»'l on review days, when ordered by the -Major-Generai or Brigade-General, and at the reviewing of the re-
ofcfnmand. gjnient of Cavalry, when ordered by the Colonel thereof, the fald Cavalry fhall be under the command of
the Officers of Cavalry only, except a General Officer fh^ll be prefent pn a parade. And it fliall be the
vllrTw review <J"ty of ^ach Colonel of Cavalry in this State, to review, or caufe one of his Majors to review, once every
fpce a year, year, each troop , of Cavalry under his command, within the JCeuuti^s refpedively where the faid troopj|
may reCde, under the penalty of twenty-five pounds, to be paid by the OfRcer negle£ring his duty ; and IflOS. 221
each and every troop of horfe (ball mufter at leaft once in every three months, at fuch time and place as the v**»v^i->
Captain or Commanding Officer of the faid troop fhall dire£l: ; and the commiffioned officers of each troop Troups to mus-
of horfe, or any, two of them, fliall be, and they are hereby autliorifed and required to hold courts martial *"°"« '" 3
on the day, or fucceeding day of the company mufters, in order to enforce the Militia Laws oi this State, ^°'^^^^'
{o far as refpefts the faid troops, and {hall proceed to try and determine all cafes which may come before Ccurrs -Martial
them, fubjed neverthelefs, to appeal to the regimental court ; and on the conviftion of any delinquent, 'oi^eheU.
the officer higheft in rank prefent, fhall enter up judgment and award procefs of execution direfted to a
fergeant of the company, who fhall after taking the oath of office herein after directed, proceed in the fame
manner to caufe to be made the fum required, as Conftables are bound to do in civil cafes, receive the
■fame fees and make due return to the fucceeding company court-martial .• Provided, that every abfentee
fhall be allowed until the next company mufter to make his excufe, which (liall always and without excei>-
tion be on oath, the officer higheft in rank prefent, being and he is hereby authoiifed to adminifter the fame ;
and if any officer fhall fuffer himfelf to be intoxicated or behave in a riotous or diforderlv manner, when
.tecjuired to be on duty, or difobey the ordefs of his commanding officer, he ffiall for the' firft offence be
openly reprimanded by the Prefident of the court martial , before whom he is convifted, and fined at th&
discretion of the faid court, r,ot exceec-.*^ two pounds, and for the fecond offence fliall be abfolutely ca-
fhiered.
XIII. And be it further enaciedy That if any non-commiffioned officer or private fliall during the time of Penalty for re-
mufter refift his ccmmandirg officer, or refufe to obey his lawful commands,,if a non-commiffioned officer, sistirp com-
-he fhall be confined and kept.under guard during fuch mufter, reduced to thej-anks and fined at the dif- "^"'**'
cretipn of the court martial, not exceeding one pound, and if a private, fnall be confined and kept under
guard during fuch mufter, and fined at the difcretion of the court martial not exceeding ten ffiillings ; and
if any perfon liable to do duty fliall be at or near the parade or mufter ground during the time of any review
or mufter, and fhall not take his proper ftation and perform the duty required of him by law, it ffiall be
.the duty of the commanding officer of the regiment or troop to order him «nder guard, there to be de-
-tained during the time of fuch exercife and until the troop are difcharged,
'"' ,XIV. And be it further enaqted. That the commanding officer of any regiment of Cavalry, (Iiall order a Cemmandin"
regimental court martial to be held at the place appointed for the mufter of the fame, which court marti- offictr to order
ml fhall confift of at leaft a majority of the commiflioned officers of the regiment, or more if the command- ^ >'e£"m<'ntal
ing officer fliall jiifCiSl;, one of whom fhall be a field officer and at leaft of the grade of captain, and the
officer higheft in rank prefent ffiall prefide at the court, which court .ffiall be warned to. that duty by the
adjutant of. the regiment herein after tc be appointed, by arofter to be by/him kept ,• and the faid court ?^n""" u^*^?"*
when convened, fhall appoint a judge advocate, who ffiall himfelf in prefence of faid court, take the follow- slJiess^f the
;ing oath : « I, A. B. do fwear that I will well and truly perform the duties of judge advocate of this court, court,
according to the beft of my fkill and abilities, fo help me God ,•" and the judge advocate fhall adminifter
-the following oath to the members of the court martial : " I, A. B. do fwear that I will hear and deter-
mine all caufes which may come before this court, and that I will faithfully report all delinquents that
come within my knowledge, that I will account for all fines and forfeitures by me collefted or received,
and in all cafes enforce due execution of the militia laws of this ftate fo far as refpedts the cavalry, to the
beft of my knowledge and ability, fo help me God '" they fliall'enquire into the age and ability of all
perfons that may come before them by appeal, and exempt fuch as may be deemed incapable of fervicei»and
alfo try and decide on all perfons charged with omiffion or commiffion, and at the faid regimental courts
martial, ffiall hear and determine all appeals from the company courts martial, and to order and difpofeof
all fines and forfeitures as to them may feem right agreeable to this aft ; and the judge advocate fhall be
allowed a reafonable falary for his fetvices to be paid out of the fines, a*l his duty ffiall be to write at
length the proceedings of faid court, and for all fines which may be impofed by the court martia' he is here-
by authorifed and required to enter up judgment and ifTue execution, which, if againft a commiffioned officer
.-fliall be direfted to the adjutant, and if againft non-commiffioned officers and privates ffiall be dirc£led to
a fergeant of the company to which the delinquent belongs, afd the faid adjutant or fergeant ffiall take and
fubfcribe the following oath, viz, " I, A. B. do fblemnly and fincerely fwear that I will ufe my beft en-
deavours to colle£l all fines arid forfeitures agreeable to the precepts to me delivered, and duly account
lor the fame according to law. to the beft of my knowledge and abilities, fo help me God ;" and the ad-
/jutan: or fergeant ffiall proceed to diftrefs and fell in the fame manner, and receive the fame fees as con-*
3 I
Paymaster to
give bond.
Officers previ-
2^2 1803. ftables do in civil cafes ; and the faid adjutant or fergeant (hall in all cafe* make due return to tLe next
fucceeding court martial ; and in cafe of failure to colkft and account for all fines and forfeitures, IhalF
incur a penalty of double the fum to be colleded, and on proper proof of fuch failure, the regimental court
martial may enter up judgment therefor, and award procefls of execution by the Judge Advocate dire^ed'
to any officer of the regiment whom the court may think proper.
XV And be itjurther enaSled, That the paymafter of every regiment of cavalry fhall give bond and fuffi-
cient fecurity in the fum of fifty pounds for the faithful peformance of his duty, payable to the command-
ing officer of the regiment and his fucceflbrs in office ; and it fhall be the duty of the paymafter to de-
mand and receive of the adjutants, fergeants and other officers who may have collected fines and forfei-
tures, and (liftrihrte the fame agreeable to the direftions of the court-mariial, and fettle hiis account annu-
ally with the judge advocate, for which fervices the paymafter (hall be allowed a reafonable compenfation-
by the court martial ; and for the want of a paymafter, the duties herein required of that officer fhall be
performed by the Colonel or commanding officer of the regiment.
XVI. And be it further ena£iedy That every officer of cavalry previous to his fitting in any regimental or
a"court'm'an ai Other court martial, ihall take and fubfcribe before any Juftice of the Peace, or in open court martial, to be
totakeanoath. adminiftered by the judge advocate, the fame oaths as are required to be taken by the infantry officers, in
the thirtieth feftion of an a£l pafled in the year one thoufand e.ght hundred, entitled «* An a£l; to revife
and amend the militia laws," and the nineteenth, twenty-third and twenty-fourth fe£lions of the aft a-
forefaid, fhall be confidered as part of the law by which the cavalry in this ftate Ihall be governed, and
all the privileges and reftri£tions therein contained {hall be deemed to apply to them in the fame manner
as if it had been particularly inferted in this a£k.
XVII. And be it further enacted. That there fliall be to each regiment of cavalry one adjutant and one'
quarter-mafter who fhall be commiffioned officers, with the rank of Lieutenant, to be appointed by the
commanding officer of the regiment j there fliall be alfo one paymafter, one furgeon and one furgeon's mate
to be appointed as aforelaid. It fliall be the duty of the adjutant of the regiment to attend the regimental
parade and reviews, and receive and execute fuch orders as the commanding officer may deem expedient
to the efFeftingthe purpofes of the militia law, and the faid adjutant fliall take an oath of office in open
court martial, and from time to time call on, or bring fuit againft all delinquent officers for fines and
penalties incurred, and which are not otherwife fpecially provided for in this aft, and receive and ac-
count for the fame annually with the paymafter of the regiment, and (hall be allowed a reafonable com-
penfation, to be paid out of the fines fo coUefted by order of the cjurt martial j and in cafe any adju-
tant fliall fail to attend and perform his duty as required by this aft, he fball forfeit and pay the fum of
ten pounds, to be recovered as other fines in the regimental court martial.
XVIII. And be it further enaBed, That the commiffioned officers of troops of cavalry fhall be recom-
commended b '"^"'^^'^ ^7 ^^^ ^^^^ officers of the regiment to which they belong, and commiffioned by the Governor
the field offi. ^ for the time being ; and all non-commiffioned officers of each troop fliall be appointed by the Captain of
cers. fuch troop ; all commiffioned officers fhall take rank according to the date of their commiffions, and
oned offi""^''^ ' '"^here two or more of the fame grade bear an equal date, then their ranks fhall be determined by lot,
be appointed by ^^ ^^ drawn by them before the commanding officer of the regiment to which they refpeftively belong.
the capraiti, XIX. And be it further enabled, That the fines of the cavalry fhall be as follows, to wit : that at a re-
gimental mufter each field offi?cer that fails to attend, or attends not properly equipped, fhall forfeit and
pay lihe fum of fifteen pounds ; each captain five pounds, and each commiffioned officer under that grade
four pounds, and each non-commiffioned officer and private the fum of two pounds ; and for every fai-
lure or negleft at any company mufter, every officer and private fo neglefting or failing to appear equip-
ped agreeable to law, fliall forfeit and pay one-half of the above fums, to be recovered as other fines im-
pofed by this aft. -
Forfeitures XX. And be it further enaSed, That every captain of cavalry who fliall fail or negleft to mufter his
where captains company, by himfelf or lieutenant, as herein direfted, and exercife and manoeuvre them agreeable to
neglea to mus- the inftruftions of the late Governor Davie already publifhed, (hall forfeit and pay for each and every
offence the fum of five pounds. And it fliall be the duty of each and every captain of cavalry to make a
true return of their refpeftive troops to the colonel commandant of the regiment to which he may belong,
at leaft thirty days before the meeting of the General Affembly in each and every year, under the penalty
of ten pounds.
One Adjufaut
and Quarter
masier to each
regiment.
Also a paymas
ter, surgeon
»nd surgeon's
inate.
Officers of
troops to be re.
Fines ef the
cavalry.
*er.
XXT. And he itfufihr eitacle'i, Tiiat if at' any inufter or court m:.rtial of cavalry, there fiiiU be any de- 1803. 223
linquents, eiilier for non-nttendance, or not bcmg properly armed and equipped, or for di/orderly con- ,rf#>««o
dutt, protldmatio.filiall be aiade by order of the captain or commanding ofTicer, calling the names of all in ciscot" de-
delinquents enrolled, that tiiey attend the trial at the following court martial, which (lull be deemed a 'i"q»2"c/ a>t
legal notice ; or if field officers, oi officers of the regimental ftaff, fuch notice fhall be given by the com- ^urtrmaniil
manding officer or adjutant of the regiment. Atid if any oirtcer or private (hall have an excufe to offer i)rocUmatioa '
to the court martial, he may fend hib affidavit, taken before a Juflice of the Peace, or produce a witnefs, '^'* ''* made.
or he may perfonally appear and make oath to the caufe of his delinquency ^ and in all cafes, whether
for negledt or failure of the officers or privates, or appeals from the company courts^ the decifion of the
regimental court martial ihall b6 final.'
XXIL And be it further ehaEiedy That the delinquents of each troop of cavalry which may hereafter Delinquents to
liappen at any regimental parade or reriew, fhall be heard, and fined or excufed, within the county ^ i^eafd •" the
where they refpettively refide, before a couil martial which Ihall be ordered for that purpofe by the com- thev resid**^'^
manding officer of the regiment, within fix months from fuch parade or review, in manner following, to
wit : To be compol'ed of the commiffioned officers of each troop refpedVively, or a majority of them, and
at leaft one field officer, v/ho (hall be Prefident of fuch court, and the faid courts (hall have power to ap-
point their neceffary officers, and proceed in the fame manner as regimental courts martial, and make due
return of their proceedings to the next enfuing regimental court martial, together with all monies by them
eaufed to be made to be difpbfed of as herein dire£ted, any law to the contrary notwithftanding^
XXIir. Ani he it further enacted^ That all fines and forfeitures by this a£l incurred, and not herein' par- Fines hbw to
ticularly appropriated, Ihall be applied to the purpofes of frrft buying trumpets, and then at the difpofal |« app'opna-
of the regimental court martial to the ufe and benefit of the troop from whence the fame arife ; and thofe
paid by the field and ftaff officers, and not before appropriated, fhall be equally divided and appropriated
amongll the troops compofing the regiment to which they refpe£tively belong ; and gengf ally, all fines and
forfeitures by this ad: receivable, fhall be difpofed of by the regimental court martial,^ fo as to promote
the regiments refpeftively.
XXIV. And he it further enacted^ That all officers of cavalry going oful of ofHde, who may have in their Officew going
hands any papers or monies relative to, or by virtue of their appointment, fhall be bound, under tlie pe- dehve°papers
nalty of one hundred pounds, to deliver the fame over to their fucceffors in office, to be fued for and re- or monies to
covered by him, before any jurifdiftion having cognizance thereof, and applied to the ufe of the regiment/ their succes-
after deducing his neceffary cofts and charges. ^^"'
XXV. And be it further enacted^ That the field officers, commiffioned officers, non- commiffioned of- Pay inaaual
ficers and privates of the cavalry within this State, when called into a£tual fervice, ffiall be entitled to ^^'^'^e.
the fame rank and pay as prafcribedin an a£k, entitled *• Anadt to amend and revife the militia laws," Ante, p. 159.
pafled at Raleigh, in the year one thoufand eight hundred.
XXVI. And be it further enacted^ That all atSis and claufeS of aOis which come within the meaning and Former afts re-
purview of this adt, be and the fame are hereby repealed and made void : Provided neverthelefs^ that this peaied.
a£l: Ihall not repeal or invalidate an a£l pafled at Raleigh, in the year one thoufand eight hundred and one, g^^, -^
entitled " An a<ft to amend part of the fifteenth fedlion of an ad pafled in the year one thoufand eight i80l,45. *
hundred, entitled " An a£l to revife and amend the militia laws."
M aB ta apportion the Hunger of Jurors hereafter to lefeni to Neivhern Superior Court among thefeveral eoutt- chap. 57.
ties compoftng the diflriSl. ^ 3,1779,6,
WHEREAS the number of Jurors heretofore fent to Newbern Superior court have been very difpro- 1789, 56.
portionate among the feveral counties compofing the fame: For remedy whereof, •'^°'*' P" ^^'^'^
I. Be it enacted by the General Affembly of the fiate of North-Carolina^ and it is hereby enacted by the author jurors to New-
rity of the fame^ That from and after the firft day of February next, the counties compofing the diftria be"» coun.
.aforefaid, Ihall fend as jurors to the fuperior court aforefaid, the following number, to wit: Beaufort
five. Craven ten, Carteret tliree, Greene three, Hyde three, Johnfton four, Jones four, Lenoir three,
Pitt fix, and Wayne four j all of whom (hall be appointed by the courts of the counties feverally, and fent
to the fuperior courts aforefaid, under the fame rules, regulations and reftri£tion& as ha^e been hereto-
fore obferved in that cafe, any law to the contrary notwithftanding.
II. And be it further enacted. That all ads and claufes of ads which come within the purview and Acts repealed.-
meaning of this a^i are hereby repealed and made void.
22-1
CHAP. 69.
Ar.te, p, lg6,
Sampson and
Cumberland.
4Qunty courts.
1808. /n aSi to alter the time of holding the Court of Pleas and ^arter'BeJftons of the counties tf^ampfan and Cum->
' berland,
.1, T) E it enaSled by the General AJfembly ofthejiate of North-Carolina ^ anditis hereby enacted by the author^-
J3 ty of thefamey That from and after the cou,rt of pleas and quarter fefiions to beheld for the
county of Sampfon on the firft Monday in February next, the faid court ftiall be held on the fecond Mon-
day in the months of May, Auguft, November and February in every year ; and the faid court to be
held on the firft Monday in February next, fhajl ftand adjourned to the fecond Monday in May following,
and all procefs ifTuing therefrom ftiall be rhade returnable accordingly.
II. And be it further enacted. That from and after the court of pleas and.quarter feffions to be held for
the county of Cumberland on the fecond Monday in February next, the faicl court (hall be held on the fe-
cond Monday in the months of April, July, Oftober and' January in every year; and the faid court to
be held on the fecond Monday in February next, (hall ftand adjourned to the fecond Monday in April
-following, and all procefs ifluing therefrom fhall be made returnable accordingly. And that all a£ls and
claufesof a£ls coming within the purview and meaning of this adl, be, and the fame are hereby repeal-
ed and made void,
w
CHAP. 82. An aStto authorife and empctuer the Field Officers and Captains of the Militia of their refpeBive counties to ap^
point the place or places for holding their feparate Regimental or Battalion Mujlersin certain cafes.
HEREAS numerous applications are made to this General Aflembly for feparate regimental and
battalion mufters, which confume a confiderable part of the time of the Legiflature, and is at-
tended with great expence to the State : For remedy wheteof, " . ' "'
Field officers ^ J, 2e it enaBed by the General AJfembly of the Stat^ of North-Carolina^ and it hereby enacted by the authority
authorto^'*'"* of thefamey That from and after the pafTmg of this a£l, the field officers and captains of each and every
- regiment within this State, (hall have and be vefted with full power and authority to appoint the place
or places of holding their feparate regimental or battalion mufters, and of allotting what part of the mili-
tia of their refpeftive counties fhall compofe the fame : Provided ahvaysy that nothing herein contained
fhall afFe£l any law heretofore made, granting feparate regimental or battalion mufters to any county with-
in this State.; and fuch arrangements by them fo made, ihall be as good and valid in law, to all intent^
and purpofes, as if there was a fpecial a£l: of Aflembly for that purpofe.
II. And be it further enacted. That no general officer (hall be obliged to review fingle battalions but at j
general reviews. The regiment to be reviewed ftiall be called together at the ufual place of regimental
mufters; any law, ufage or cuftom to the contrary notwithftanding.
THE TITLES OF THE PRIVATE ACTS.
23 An afl to amend and revise an zB. passed at Raleigh in tlie 31
year of our Lord 1796, entitled, an act to eijcourage the
cutting a naviQ;able canal from Roanoke rivei, on the 32
waters thereof, nf,-r the town of Plymouth, to Pimgo
rivfer, and to make other and more elfeaoal provision for
■ the same. 33
25 An afl for the government of the city of Raleigh, andfor re-
pealing all former ails pnssed for this purpose,
26 An a(ft to authorise the Commissioners of the town of Hills-
borough to rent out part of the town- commons.
27 An adl for the regulation of the town of W'arrenton, for re-
pealing the aflb or parts of afls heretofore passed on that ,34
subjeift, and for other purposes.' ' 35
28 An aS to amend kn afl passed in the year one thousand se- 36
ven hundred and niriety-six, estitled, an a£l to appoint
Commissioners to lay off am) establish a town at the place 37
fixed upon in Moore county for ereil:.''.g a court-house,
and for other purposes therein mentioned. 38
29 An ai\ granting fuither power to the Commissioners of the
town of Lomsburg, in the county of Franklin.
30 An afl to estabhsh a to>vn on the lands of Thomas Rivers, on
the north jide of Dan river, in Stokes county.
An aft to amend an aft for establishing the town of Trenton^.|
in J-)res counly. _ ' • .
An a<S to appoint -additional Commissioners to those already
appointed for tl\e town' of Jiraeston, in the county of '
Marlin. ' J
An aft to amend the fifih seftion of ati aft passed in the year ]
1799, entitled, an aft to repeal an ail passed in the yfir*:
one thousand seven hundred and ninety-five, forappointv •
ins; Commissioners to fix on a proper place in the county !
of VV likes,' and to eieft liiereon axourt house, prison and i
Etocl s for the use ol'said county, and for other purpose^jj
An ;»ft f .r tVc relief gf Irnis Academy. 'J
An aft to establish an Acadcm) in Richmond county.
An aft to estaolish an Academy in Nixonton', in the count]^]
of Pas'iuotank.
An aft to eitablish an Academy in the town of Wiiraio
ton. ' '
An aft to carry more fully into effeft the first seftion of ani
pajsed in the year 1801, empowering the county court oT
Cho\v;iii to lay a tax for the ereflion of a Podr-hoi:se, and
to authorise the Commissioners of the town of £deiitoi5
to convey a part cf the town commons for that purpos'.
S<J An aA to en^our^gc Francois X. xMariin to publish a revisst
ot certain ao^s of Assembly. '
40 Anaa to empower George Burton, of Caswell county, to sell
certain lands therein mentioned. /. iu!«ii
41 An aa to authorise the Cierk of the county court of Pasauo-
tank to deliver the ongmal will of John Stokesf^oThe
person therein named. '
^^ ^'^ ^nrivT"""?^^^"""".^- ^''^^^"' of Brunswick county,
rearages ot taxes due them.
43 An aa to authorise Da.id Shuford, late sheriff of Lincoln
T^'J^^:^^^^' '- S*^"? of Anson co'n
M.tin.^,ay and cllect an additional Poor-.ax within
61 An act to'cmpower the Se^of h-'Cr'^f "h'^
-fG'-eepe to lay and collect an adSloSpooVLV°""'^
62 An act to repeal part of an act. passed at H. 2 1'
one thoisand^even Sed and n^U.v ff*" '" '''r>'^'"
respects Richmond county entitled a '.'^r;' "* ^^' ""'
the several county courts Ltein'm^n^rond "o ,a7a7a"
SUt!'"^"^ *^ '^""^^•"S Wolves and Beal^inMid
1802
tv to mlUA ,k« £>-'■-•-"■"-■»" oi Anson coun- counties ^ ^ " """ doa isears in said
»y, to coJlea the arrearages of taxes for the years one A^ a '^°"""**-
Jate Insurrection ofthe Negroes in said county ^
6a An act to repeal part of an act, entitled, an act to empower
he county courts therein mentioned lo lay a ta^ tXTav
tl^.^'ZTJ':^:V!t'l ^.^M- »— ^tion of'thta^
and onec
M An aa authorising Samuel Lusk, late sheriff of Buncombe
county, to collea the arrearages of the county and puWi^
tax for the years 1801 and 1802. ^ ^
** ^"i^^ Z)""''^! '^! '^^^"'' P"^<"^ **"em named to col.
lea the taA«s due them m their respeaive counties.
.46 An aa to authorise Thomas Barnes, of .Robeson county, to
convey certain town lots in the town of Lumberton.^
47 An aa to revive an aa, entitled, an aa directinc the man-
ner m which the sheriffs of Bunccmbe and wflkes coun-
ties shall hereafter collect and pay out the taxes of said
j^e y^ariSO?''-^"""^"'" """'^ "lentioned. passed
^^^Pr '^^ *" *" P*^"*^ »* *e last session of the Gen.
eral Assembly as far as respects the counties of Pasnuc
tank and Camden, entitled, an act directing the mode of
t^'^ "* ^^ counties of Gates, Camden and Pasquo-
49 An act to empower the county court of Johnston to trans-
cnbe such parts of the Register's Books of said county as
may appear necessary. ■'
50 An act to authorise and empower the county court of North-
ampton to appoint some proper person to transcribe the
Register s books ot said county.
51 An act authorising the county court of Lincoln to appoint a
proper person to ttanrciibe such of the records m the
-*^egisters office as s.id court should deem necessary.
£2 An act to repeal an act passed in the ) ear one ihcusand seven
hundred and ninety-seven, entitled, an act to revive an
act, entnled, an act for the more speedy determining of
disputes that have ansen, or hereafter may arise in the
counties of Rowan, Mecklenburg, Rutherford. Gu Ifoid,
Lincoln and Rockingham, from erecting mill-dams, and
to prevent persons Irom building mills as herein after dc
scribed, passed in the year one thousand seven hundrtd
and eighty-nve,
&3 An act to amend an act passed in the year one thousand
eight hundred and one, entiiled, an act to alter the mode
ct raising money to defray the expe.,ces of the Jurors
from the county of Burke, to the superior and county
courts, and other purposes therein mentioned.
54 An act to repeal part of an act, passed at Raleii.h in theyear
one thousand seven hundred and ninety seven, entitled,
an act making compensation to the county court jurors of
New -Hanover, Surry, btokes, Buncombe, Orange, Cum-
berland, Montgomery, Wilkes, Sampson, Carteret, Burke.
Richmond and Randolph.
55 An act making compensation to the Jurors of Brunswick
County.
56 An act to authorise the county court of Surry to lay a tax to
- pay their Jurors, and for other purposes therem menti-
oned.
58 An act to compel the attefidance of jurors appointed by the
county court of Buncombe to review toads.
59 An act to empower the Wardens of the Poor in the county of
ru^LTZM""^''''' '" *^^— thousand eigh^;
3K
06 An act authorising the county court of Washington to lav a
tax m said county, for the purpose of defraying he ex*
pences of the late Insurreftion of Negroes in^sa§ countv
v^p'n h° Tf *!J '"' P"^'^*^ '" "^^ y^'*^^"^ thousands^
ven hundred and ninety-nine, entitled " an act to appoint
county Comptrollers in the several counties there^ K-
onea, as tar as it respects the county of Rutherford anri
to direct the duty of the officers theLin named? ' ^'^
63 An act to amend the third section of an act, passed at Ra-
leigh intheyeir one thousand eight hundred and two en-
titled an act to repeal part of an act, passed at Hillsborough
Ml the year one thousand seven hundred and ti?hty.fbur
so far as respects Richmond county, entitled an act to'
empower the several County courts therein mentioned to'
r*i*'' t™"=^'^ *""="■ theP«^P°se oferecting or repairing
the court-house, prison and stocks in each county wl«rl
t'he'co.m^y.""'* fo^ defraying the contingent charges t^
70 An act to tax all suits that may hereafter be brought in the
. county court of New-Hanover. snt in tne
71 An act to amend an act to appoint public Registers, and to
direct the method to be observed m conveying lands, eooda
and chattels, and for preventing fraudulent deeds and
mortgages passed in the year of our Lord one thousand
seven hundred and fifteen, as far as respects the Regiiter
of Pasquotank county. ^
72 An act to annex certain penalties on the Clerk of the county
court ot Rowan for transacting bi smess in his office i,,
future, which is directed by law to be transacted in open
court, and for other purposes. ^
73 An act for running and ascertaining the Boundary line be.
tween the counties of Sampson and Johnston
74 An act to establish the dividing line betwen the two bat-
talions in the county of Randolph.
"^^ """ *,^-.l° '""^"t»" ='"' entitled an act for the division of
Wilkes and Tyrrel counties.
76 An act to establish the dividing-line between the county of
Montgomery and Mosre. ^
77 An act to establish the divisional line between the counties of
Cabarrus and Montgomery,
78 An act to keep open Swannano River in the countv of Bun.
combe, •' '
79 An act to authorise the county court of Lincoln to raise by
way of lottery the sum of two hundred dellars
80 An aa to authorise the county court of Lenoir to raise five
hu.idred dollars by way of lottery, for liic purpose of
; S03. ckarmg and maklns navigable the river Neuse in said
'-"'"^^^ 81 An'^act"to' appoint Commissioners to receive donations and
^^ """Sscnptilfnsfor the purpose of clearing out Broad nver
from South.Carolina line to the mouth of Greene Kiver
in Rotherford county. t ■ v. t c^„,,„ r«m
PS An aa granting certain privileges to the Light Infantry Com-
^ p"ny of thf second regiment in the county «? Edgecomb.
84 An aa granting certain privUeges to the Grenadier Compa-
ny of the second Regiment of the county of Halifax.
85 An aa to estabUsh a separate Battalion Muster m the county
86 An fa?o dSCide the Militia on the north side o/t^'e Yadkin n-
ver, in the couflty of Rowan into two regiments, and for
87 Anta wTv^d^"he Militia of Mecklenburg county into two
83 AnTa w^aUerthe time of holding cleflions in the county
of Nash, and to establish two separate eleaions in said
89 An aaw^alter and amend the several aas of the General As-
semblv. establishing separate Elections m the county of
Orange, and to establish a Battalion Muster at George
9a Kx,^^S^i^2.xz.itY.\t^x\oT^s tothe Inhabitants of Wake
and Halifax counties,, and for other purposes.
9V Anaa granting two separate Elections to the inhabitants ot
Mcoie county. ,
92 An aa limiting the time of holding Elections at the court hou-
ses in Wayne and Washington counties.
93 An aa to alter the place for holding the separate Election at
' Cox's Ferry, in Craven county, and for other purposes
therein mentioned. Tri„„.-^„„ :„
94 An aa to aUcr the time of holding the annual Elections in
the county of Surry. . ,
95 An aa granting an additional separate Election to the inha-
bitants of the county of New-Hanover.
96 An aa to alter the place of holding a separate Election in the
county of Currituck.
97 An aa to alter andai»end an act, entitled, an aa granting to
the inhabitants of Edgecomb county, the privilege ot se-
parate Elections and General Musters, passed at Kaleign.
in the year 1800. «.».,,«
4»S An act granting a separate Eleftion and Battalion Muster to
the inhabitants of Sampson county.
99 At) act granting a separate Election- to the inhabitants of
Carteret County, „,...,.
100 An act to amend an act passed at Raleigh in the year one
thousand eight hundred and two, entiiled.-an act grant-.
\n% a separate Elecuon to the inhabitants of the county tff
101 A J^act t^'anlend an act of the General Assembly.T^sed at
Raleieh in the year one thousand eight hundred and on6,
gramfng fo the second regiment in Rowan county the pn-
viletre of two separate elections.
10" An allimiting th^time of holding Eleaions at the court.
house in Tyrrel county. .,..,_ , on,
10", An act granting two separate Elections in the county of Rn-
therfordV and directing the time when aU the separate E.
lections in said county shall be held. . -^^i, ,
104 An act granting three separate Elections tb the mhabitatlts
of Robeson county. ..,,.•« »i,»
105 An act to establish four separate Battalion Musters in the
county of Buncombei .,,,,.
lOfi An aa to grant a separate Election m Mecklenburg county.
S7 xn act t6 incorporate Davie Lodge. No. 39 in Bertie county.-
5o8 Anact to^ticoVpotate Washington Lodge, No. 15, in Beau-
109 Al°2tTo"ncorpo'-ate Hiram Lodge, No. 24, in WUliaras-
horouch, in the county of Granville,
no An actto inciorporate Mount Moriah Lodge, No. 27, m the
county of Iredell.
Ill An act to incorporate the Newbern Library Society. _
119 An act to secure to Elizabeth Everitt, wife of Turner E-
veritt, such estate as she may he.eafter acquire.
113 An act to secure to Rachael M'Clure wife of John M Clure
such estate as she may hereafter acquire:
114 Anaa to secure to the persons therein mentioned such es-
tates as they may hereafter acquire.
1 1 1 An act for the relief of certain persons therein mentioned,
iifi An aa for the relief of John Gatchey and his wife Catha-
rlne of Rowan county, and William Gregory and his
wife Elizabeth of Chowan county
117 An aa to pardon and restore to t;redit James Gaskins, of the
county of Halifax. ^ ^ ■ e^*
1 1 5 An aatorestore to credit Matthews Davis, of Moore county.
119 An aa to alter the names and legitimate Welcome and Si-
las Hallet. . . . J
120 An aa to alter the names of the persons therein mentioned,
and to legitimate a part thereof.
Bead three times and ratified in Geneial Assembly, 22d day of December, Anno Domini, 1803.
J. RIDDICK, S. S.
S, CABARRUS, i^ H. C^
I N D E X.
The Pages of the Second Volume are marked thus^ ii.
438
Abatement,
plea 'm, t* be verified 215, 223
Plaintiff to have costs on its being overruled 216, id.
1^0 appeal or suit to abate by the death of either party 391, 418
Nor foir want of form 223
Ho suit to abate by the death of a fe.tje sole plaintiff ii. 125
^rover, detinue, and trespass, not merely vindiAive,
not to abate by the death of either party ii, 141
Ejediment not to abate by the death of defendant, pro-
ceedings in case he be a minor or absent td,
/V^ions kept sdive during a contest for letters testa-
"inentary or of administration id^
Proceedings, where a husbs^nd, guardian, heir or repre-
sentative is made » party 413ii, 125, id>
Accessory.
See Felony,
Accident,
Hemedy where books, papers, &c. of a decgaicd p|?if-
son, are burnt or lost " ' -
Aflions.
Limimion of tinje for certain aftions to be brought 11
Exceptions ' 12, 218, 226, 328, o7l
Plaintiff recovermg but 40* in slander, to have no more
costs than damages 12
Bight of certain pevsons to bring aflions suspended 226, 325
Aaion may be brought against one, two, or more joint
obligors ■ • ii.^05
5§? TV^Of 'if P'""* Boohdebts, Ccunty CourtftEK"
fcutors and Adminifrator, Juftices of the Peace^ >%•
peripr courts,
Acjministration,
See J*robate.
\ Administrator.
^ee Executor and Administratgr,
Affidavits.
(;oinmissiqners of, their ai>pointment. fees and duties. 380
Allegiance.
What persons owe it. 199
Satfonsparticijlarly required totake the oath of 200, 201. 229,231
Form of the oath at different times. 200,387
Affirmation of Quakers. &c. 265,387
Manner of taking the oath by certan persons as requir-
ed iij the penal afls ^00, 23Q
County court's power in the execution of these afls 200, 300
Disabilities of persons suffere4 to' remain ' 231
Further time allowed to take the oath 33|.
(Certain persons disabled from holding offices, being
members of the general assembly j penalty for of-
fering ' 387, 397
0»th of, to the State and the U. S. iii H, 13
Appeals. . <^
From the county courts, in what cases allowed 223, 262
Previous requisites 222,383,391
How prosecuted 223, 224
Judgment of eounty courts affirrned, for want of pro-
secution— how judgment to be entered / 223, 383, 391
Plaintiff appellant' in certain cases not to have, and e-
ven to pay costs ii. 175
Defendant appellant, to pay 10 per cent damage ill
certain cases id.
See Jujlicet of the P^eace,
Apprentices.
See County Courts, Orphans.
Articles of Confederation.
J mendment to, authorised 345
Attachment.
Origmal, in what cases to issue, asd how
Tabe deemedthe leading process
yorm of the bond and warrant
Not tc abate for want of form
Judicial, when to issue, requisites
Replevin
Perishable property sold
(Jarnishees, proceeding against
212, 213, 221,
ii. 58, 44. 45
212
214
215
212, 214, 222.
213,215
213, ii. 43. 59
213
R :p!evisor. extent of his liabilty, means of ascer-
tr,irjng it .
Notice to defendant, delay, interest in the mean
while ' 215. ii. 44 43
Prrceedings when the property is claimed by a third person id.
Attorney al LaWf
II pw admitted to praAice,' his' oath
TzT on licences
Penalties for misconduft
To file bis powei', before enteritigas appeatance
One only to speak on each side
Attorney for the State.
See County Courts.
Attorney and Solicitor General.
Appointment, duty .?^^' ^^^
To prosecute sheriff for escapes "• 12, 13
—Ml for frauds on the treasury, &c.
To appear for daimanis under the state in suits MS-
' {leAing ^onhscated property
Auditors.
44,45
210
372
68, 418
ii, 11*
419
ii. i3
i5
287
296, 300, 307, 398
AiSs relating to state-auditors
bistriA auditors
Bail.
If civil suits, when indhow taken, sheriff liable » bail|
when 222. 2rt
3L
All baiUspecml bail . 211
Proceedings against bail, or sherifl «s st>ch ~11. 22^
May surrender principal .. "^
Bail on warrants .„. .„, .."',,1
In criminal cases 10. 191. 195. .., 104
Bank of North-America*
Incorporation of, confiTmcd *'l"
See^Ceunter/eitingt
Bastard.
When entitled to dlstrTbuiion or inheritance ii, 1S7
See Vice and Immorality^
Bills of Credit. '
Emissions of proc. money 7B, 106, 1S4, 138
Emissions during the war 257,271,286
Emissions since peace 320, o93
See Courttef/eitingi Tendefi Tobacco*
Bills of Exchange.
fdterest and damages 54, ii. 97
AAionsonj how brought ^^
See Securities.
fcills of Sale.
Bee Deedsi
Boats.
P«naity on taking any without leave 51
Bonds.
See Securitiei.
Book-Debts.
When a book is evidence, limitations and exceptions, 117, 218,
226, 32d
See Set eff^ Executors arid Admini/ltatdrs .
Boundary-Line*
Bfe'twefen Virginia and this state 267
Provision io favotir of settlers 284, 294, 299
Certain Virginia patents confirme<i 316
Between Tennessee and this state li. 96
South-Carolina ii, 214
Bridges.
See Roads and Ferrief,
Burials.
Burial places to be provided 21
l'rivat<i burials forbidden, penalty id.
Burning the Woods .
Foibiddeii to any but the owner, precaution required of
him, penalty 346, 318
Canals.
May be cut bj nbscription, proceedings therefof ii, 71
Canoes.
See Boats.
Cart-wayS.
Maybe laid ofr by the county courts ii. Vi6
Free for the passage of aii persons ii. 127
Gates and bars may be eretted % penaltif B for deitlOTing
or leaving them open id.
Cattle »nd Hogs, &c.
Horses, cattle, kc to bcmarkfld, marftiecoidedi
disputes how settled 49
IVutice of strange cattle to be given £9
Cattle not to be driven without leave 20, iS
Penalty for stealing cattle andhogs or mis'marking them 49, 50
Persons seeing it done to reveal it id.
Aft to be read in churches id.
Provisions in caseof cattle of non-residents 158. l59
Precautions against distempered cattle _ id.
Driver to have a certificate, to he obtained on oath td, ii. 73
Restriftion on driving cattle from S, Carolina, and ,
ftom one part of this state to the o.her id. ii, 7f
See Fences and Rangers,
Gcriificates.
Given in specie for purschaser for the public f^f
Issued by state and distriA auditors 287, 296
When they shall be of the value of At In tie pound ii. i5
To be received in entries of land at 50*. per, lOO acres >i. 62
To be registered or barred ii. 6$, l33
To be presented to the comptroller for registration ', other-
wise barred ii. l33
Principal to be purchased by the treasurer , limitation iii )t69, i9S
Not to bear interest after a certain time iu id.
See Counterfeiting^ Officers and Soldiers^ Oyer and
Terminer,
Church & Meeting-House Yards^
spirituous liquors not be sold there ii. iSf.
Churches and Church Lands ^
See Ordinances^ Entries^ Religious SocietitSi
Civil List. ,]
Annual and daily allowaiice& to officers of government 414, 415 \
436,449,485 \\
Appropriation therefor 14S i|
See Fees. J
Clerks*
To renew their bond every third year ; penalty ii, it
Relief against, in case of miseonduft ii, id'
To settle annually with the comptroUei, penalty ii, 82
Kot to put seals to processes issued withm the distrid u- l04
Commission on tax fees " ii. ^, <!
May swear to their to returns before two justices out of ]
court ij, 2tjj "\
See County Courts, Superior Courts , Taxes f TreasUret» ]'
Claims. I
See Receiven oj Public Moneyi Sheriff'/ Taxei and
duties f Treasurers.
Coins
Scale of thebr value and of depreciation-of currancy S3?,
Commissioners— Board of Enq[uiry^
Their duty, oath, co :'pensation and power iL HE
To examine papers in the secretary's ofKce id^
To make report of warrants and grants for military land s id.
Commissioners of Public Accounts.
See Counterfeiting, Officers and Soldiers^ Oyer en^
Terminer
Common Law«
How far in force U,23i
Comptroller*
His eleAion 314, 315. ii. 30
His general duty Ind authority id 314, 335, 416, 435
Book and returns to be transmitted from by certain officers td.
Returns to be made t» him by clerks, sheriffS| CiC| 416, 435
CUunu agunst the public submitted to him 434j 448 -
Whtn to lay his accounts before the general assembly 416
•jro |?ve bond ; to Bttt)^ and report on all accounts : ii. 29
To c^en accounts vith the trsasurer and individuals it- id.
To strike a balance of all accounts on the first of Novem-
ber, ajid report the same "• 'f^'
How toaAen receiving li«6 offipal settlements with thtf
tmun . J- .J , "• ^^
How to state the public account* as^ those of indiviauals
in.arrears »• 1?. *9
BJs duty where sheriff* fail to settle »•• 70
where siieriSs refuse to account on oath ' >>- ^7
T6 issue warratws for lands entered in Armstrong's office ia
CCEtam CAses
ii, iiO
Gonfiscation.
6bjeas of coniscation 243, 251, 273, 292. 308
property confiscated . _ , *
Jrorisions in regard to wives, &c. *6», 263, 275, 7*7, 3U,
fiiredUon as to property taken from SouthXarolina ft53 ■
Persons to carry the confiscatioa l»w iatp effeA
County commissioners a61, aS'a, »97, 309
Sheriff »19.?f
^oncr. «'•.
County court *'•
Distr^ commissioners 309, 473
Jusbces of the peace 309, »7 j
Gletks of county court a9a,308
Surveyor? ' a75, 310, 374
possession ijnder sales quieted a96, 4l4
Claims of orphJMJS, creditors, or others, how enquired into sGi,
275,309
Commissioners to be appointed b v the Superior courts,
. their duty, bond, oath and aUo*aace ii i72, i97
To account witfr the. Treasurer id-
Issue how nialdei and tried in case of adverse claims ii« i97, i93
Fdrchase money to go to the treasiu^ ii, 198
Lines rtin, plat endorsed and filed «''_•
$uits relating to, brought in Hillsborough Sup. court ii i5
^iSrchasers indemni&ed i^-
Constable.
Appointment and qtialificatior, persons exempt firora^ ,, ^
serving, his oath, bond ' ,4o, ^, 63
Mis authority and duty iiil. 419, 44i
Remedy against him for monies received, his bond
bow saedepon ii. 4i^ 4s, i55, t'&2
Constitution.
Of tfiis stale ard additions thereto i93, 459, 465
Of the United States and amendments 400, 47i, ii. SS, x09
Consuls.
Act concerning them 290
Contagious Diseases.
Commissioners of navigation shall appoint places to perform
quaraTitine ii. oG
l*ei»ahy fi>r master, pilot, ^c. to forfeit for not anchoring at
, such places, when an infeAious disease is on board
Crew, how examined, andpen^ty for disobeying the com-
missioners' orders i<t. S7
IPenalty forgoing on shore id.
Commissioners power over persons coming on shore from
such vessels id.
Penalty for landing goods from such vessel^ id.
Master to give a statement of crews health id.
How furnished with p'-ovisions td.
What officers may enforce quarantine ; Port Physician ii. 203
Continuance.
Bie County Cfurtff Superior CcurtSf Cofta
Coparcenary.
See LatidTy Intejiate's EJiaie.
Coroner.
County court may appoint two or more ; to give bond a38, 39*
His power and deiy a78, Stl
Cost of his inqueit, how paid J« ai9
Costs.
The party cast to pay them a»6
But may be the condition of a continuance a6()
In criminal suits may be ordered to be paid by theprOsCCUtori/.iSS
Offender unable to pay them may 1 -^ hired out 434
Counterfeiting.
Punishment
For counterfeiting or attempting to counterfeit any of
the bills of credit of this stare, or of the United
States, or any lottery- ticket oi loan-office certiticate,
or any part, &c. 281
For making or censtrufling, &c or having in possessi-
on any die, type. &.c. for imitating or counterfeit-
ing any of the above, &c. except by amhority of
law id.
For altenVg or defacing; any of tiiem ' id.
Fox passing or attempting to pass any cotmterfeit like-
ness ot any of them wi-.h an intention to defraud, idi
For counterfeiting any of the bills of credit emitted"^
by virtue of the aft of April', 1783, c. i, or any i
part, &c. r
Fdr making or construiSing any die, &c. for emit I
ting or counterfeiting any of them, &c. except by i S21.
authority, &c. " r 281-.
For altering or defacing aihy of them, with an ui-
tention to change the value, &c.
For knowingly passing or uttering any counterfeit
likewise, &e.
Death without c'ergy kROwingly to pass or irtter any
counterfeits of the above a second time, 35i3r
For counterfeiting any of the comptroller's auditors,
commissioners, colonels, or other certificates issued
by public authority, or any part, &c with an inten-
; tention to defraud
For altering or defacing any suchidsark; with an in-
tention to change the value, &c. f<f«
For knowingly passing or presenting as a voucher any
counterfeit likeness of such certificate, id. 297
Ih these instances the same punishment as for counter-
feiting the bills of credit of the state id.
Particular direaions by the aft of Oa, 1779, c 8, 281-
That any person apprehended fbrany of the crimes in
that aA mentioned, on sufficient proof before a jus-
tice of the peace, may be committed, &c, as in ca-
ses of felony 282
As to the trial for any of the crimes in that a£l mentioned
There shall be no peremptory chairenge id'
Counsel on either side to use no argument, biit may
examine and cross-examine «'*
Persons counterfeiting in a neighbouring state, and by
themselves or emissaries utrerir.g or vending the
same, with an intention to defraud the citizens of
this state, to be deemed guilty in the sa me mannef
as if the offence had been Committed withiii thi^
sta'e, &c. SS*
Notes of the bank of North-America
Felony without clergy to erase, alter or counterfeit a-
ny of them 3i6
Or for any officer of the bank to embezzle any of its
property, &'c. 396-
40
r
2$
J!^cp.T9,I06. I35,I3«».
Counties.
Formerly called prec'mcls. Name altered
The ancient p'ecnAs, the origin of which does not
appear in this book, seem to have heia as follow,
Vl2.
Beaufort, Carteret, Chowan, . Craven, ">
(urrituci, H/.le, Ferquimans, Pusqitotanh y
iSert/e was af .erw^,ris coastituted a precincl
Xhe foUowavi are the niratsof couatiej, either ereil-
edassiVch; of where alterations of the boundaries
'%ave bean made ':
jinson, 94. i05, 1-17, 250, 268. ^ v»m, 267, 234, 449
'283 Iredeil, 454 ii. 49
Ashe, ii 115 Lenoir, 'ii,30, 131
Meau/brt, 30, 77, 124, 136, 4,'Ji, 'L-nccrUi, 269, 318; 367, 388
- ii. 186 M.irtin, 185. 363, ii ^9
Bertie, 26. 67, 130 MsckknL-.g, 147,168, 178, 183
BUden, 94, lOi, i50. 173. 249. ii. 30 65
250,426,451,476 Montgomery, 268
fijunsiijici, i50, S49, 451 <Von*e, 366,383
Buncombe, ji,.2a,-66 J^:sb, ' ' ' 347
Barie, 203, 248, 318, 367, 388. A'tiu/ijincwer, 94, 150, 160,454
42o, 449, 479, ii;49 •■■ ' - • - ii, 83
Bute, 150. 164. 258 A'brfAaw/iton, 67,130,168
Caoarrw, ii,^30, 66, errata- 0..s!oiv, 38
Cambdeii, 203. 367 Orange, lOI, l40, I74, aoz
Caneret, '\7A;224, Person, ii. 21
i. Caswell, 502. ii. 2i Pitt, 136, 150, 368, 404, 424,
Chatham, ; ^78 ' ■ ' ■ ' ' ii 186
Ch&uian, ,Jo Sandolpb. '. 269
Cratoen, 124, 181, 267, 424, Kxhmor.d, 283
■ li. 131, 186 Rvbeson^ 4?6, 454, ii. 20
Cum6er/aW, 150, 174.366,'388, P- ■ckmgham., ■ .402
' 476, ii. 2G -Rowan, 105, 174, 178, 180, 203,
Currituck, ■ ' 71.367 '' ^^'^
JDai'idson, T. 383. 424, 453 Rutherford, 269, 388, 426 449,
AsMj-, 150, 151,284,449, ii. 30 •• '■ - ' ' ■ "-30,66
Duplin, ■ 94, 160, 248.3(;6 5i2m/)i(«;, SS6, ii, 83
£d£com&, 7S, 77, 12S 247, 269, 6'/'.fe; 470; n. 101
•• , : 368,,ii.49,-i'86 ^^//''Bfi'i, T. 284, 388, 424, 452
Franklin, , 2G.S, 425 >?«'«««/•, T- •' ' ■ 424
Gates, ' •- '^&^ Surry i ' 160, 243, ii, 33, 101
Glasgow, J). 20. 49, 146 le^.w,?."?, Ti 452
Cr.^nville, 73, 101, 150, 458 5>;re/,34. 60,77, I89,ii.145, 186
Greene,- ' ;. ii. 146, 186 rrj/o», , ■168,178,188,269
Creeiie, T. ' 339, 3,88 Jl'o^e, ' ' , , 1"*- ^-^
Cuilford, 17 i, 269, 4:02 .(''anen, 268,423
Mill/ax, '12(3, 183,269 iVashtngton, n 146, ISC'
Hawkins, y. ■ •, 424 f^«S''''"'i"'«i> T, 241. 284. 339,
Hertford, , 130,263 -', r ' ^ 3.SS, 153
Jijde, S4.7'i.389 IVnme, 284, >i.49
ifohnstm^ 73,101;127,140, 174, WUkes, 248. 388, 4:^9, ii- 33,*9
' ■/■ ■■■■' ■ ■ 248 , ■-■ :■',.■ ■ . ■■'
.CoiTiity Courts.
Foimer justices cotitiniied till iicst court ;
Oaths; penalty for acting without
General ohjects of thie courts authority id. 2zi; 3S3, !i9l,A W
Forn-.er causes [jrotesdfd on ' ^-_\
rnwei- in rejjard to fitits and fovfeitiirjs 45 '
To lav atax for coiiiuy cjntingeiicieii , ^4;^
Tu publish a list of taxes and disbur-jemiiiis 42^
To pnichase cert'iri Itw t)3ok« . • ^
To ajjpoin' an attori'.ey for the, state ati
InspeiTiors and of places 'nsp-Siflihn -ii. 42
^airs, a majority of acting justjctu pr|3ent • >i 64
Trtauicvs of public bu.ldiugs j. ji» 7-i
Colledlors ; their dut^ id.
2-i3
2:9
To appoint Commissioners t« assist the Treasnrei ii. 72
Sheriffs, in cases of vacancy 5. i28
Patrollera 51.199
To remit forfeitures and fines u.28, 18O
To lay a tax for repairing county buildings, pay patrol>
lers and jurors ii, 72, i35, i99
To take cognizances of certain deeds, titles &e, ' iuiiS
To lay off cartways ii. i26
To correA errors in patents or grants JJ- i25
To deiAand entry taker's books, penalty on persons with- ^
holding them . ■■<'.■ jr. 6?
.To bind childien deserted by their parents ii,99>
'And those of women who aire secured in the prpperty they '
acquire ' ' : ii, t66
To require bonds from masters of certain apprentices ii. i78
Todire£l the disposal of the estates of ideot&and lunjitics li. i8c
To give relief in cases of error in lists of taxable property ii. U18
To establish roads and ferries ' ' ' ii. 9Sv
Ppwerpf adjournment and of a single justice ' 2i9
Proceedings continued in case of a failure of the court - i^
No cause continued but on a^davit _ 39i;
Cibk's appointment and qualification, tenure of oSice 220, it. 65,
Direction' in issuing and executing writs 439, 479
How to collect and account certain taxes '- 4r9
To furnish v/ardens with copies of l^t of taxej( ^33
To sec up list^ in the court -house - • 420,435
To make return to the treasurer 393, 420
the cdmptToUer 4x6,435
Penalties- for misbehaviour or negl.eft 22j, 234, 249,. 4x6, 41^
May be removed for misbehaviour i ; .' ; ' ji'_ 1^7
,To record processioner's certificates ii- *7
To number all claims against the county and furnish
the claimant with the list ; penalty ; aliowance ii< ^3
To furnished coUefiors of i^frears with copies OJt records i
penalty ' i ' . . ■ . . . , . ; ^ . . , . ii. 4O
To distributeithe laws ii. 43
Their duty in making list of taxable property ii. ja^
^Declaration, when and where tobe tiledjConsequences
of negleiS to the party and attorney , 223, 4iS
Tjme to plead, right to several pkas 223
No instrument lost or destroyed for want of form 4i8
Partly mayplead fpr hiinself , . ,, . ,V,
• Procee>i|ng ajrainst pi isolief s 537, .311, 229
.When chftbrcrit causes are to be tried or heard " 223
When time to be a lowed for arguirtent ■ ' id.
Eegulations-ftir the bsnetit of foreigners 291
Judgmeiit wjien hnal or a yrit inquiry to be executed 223
Proceedings on motion for .an arrcitof judgment . id.
Persons excepted fom ihe-beneht of the court. law 226
See- ABions, AfficlavitSf Allegiance^ Appeqlsy Atfach'-
>'- ments, Bills of Credit, ■■Gonf-fcation, Court-Days^
Deeds, Depreciation, Execution, Fees, Fi/b, Indict-
ment, Jufiices of the Peace, MarriagfSf Officers and
Soldiers, Orphans, Ordinaries, Pedlars, Poor, Pri-
fon Bonds, Probate of Wills, isfc. Procefs, Roads
and Ferries, Regiflers, Servants and Slaves, Supe-
rior Courts, Surveys, Taxes and Dtftics^ Tender^
jTreafurers. Writs of Error,
Courts of Equity,
Every superior court constituted such 312
Power of a single judge in the vacation id. 313
AVhen bait required and proceedings thereupon id, 313
ProQ-editigs when one dependant is sued /n cnret-efr-oit - 313
No writseryed without a copy of the bill, consequences S13
Power of the court to require fmther security i^?
^bttMni, k4fw hii litd ttrvei, penalty for mm mpi
pearance 313
Appearance, answering, pleading and demurring 313
Time to shew cause why th6 bill be not taken pro con.
fesso id.
Proceedings in case thed^fendartt abscbnds or re<
sides abroad 479
-ComrAissions to take testimorty, notice, depositions 3 IS
Trial, when ex parte, ntait^^ of fefl'tried by a jury id.
Costs to be at the discretion of the qeuft id.
Decree : two judges to make it id.
But see ii 134
Execution how to issue 480
.Title of therctfWrt; to be a court of record 313, 4«0
Clerk and master, his duty, &c. 313, 479
The three la^ d'ayS of every term devoted to ii. tS
Suits in, may be revived by iC(V(?yac/ai 11^5
Representative admitted to prosecute 'id.
tVharpapers to be enrolled ji. irf.
DireSions in granting injunflions ii. 23, 151
Vacancy in the office of clerk and master how filled ii 92
His allowance on stating acccunts limited ii. 45
' ;;Gouft Days.
^C«unt> Couitt. *
Anson, }}^A^ Gates, S^S Orange. id.
Jsbe, ii- 166 Cranmlie, id- Pasquntank, 4S6
Beaufort, 392 Greene, fi. 166 Penfuiniam, id,
JSettie, ii.50 Guilford, 392 Person, ii, 49
Bladen, ii. 130 Batifax, 445 Pitt, ii. 166
'JhfUttviick, ii, 112 Hertford, 392 Pandolpb, id.
Buncombe^ ji, 2i Hyde, ' id. Pichmor.d,. ii 186
Mtrte; rd, yebmum, ii 2C4 Pobescn, ii errata-
Cabarrus, ii.30 Jones, 486 RocHnghun, 392
Caitibden, ii. 34 IredfU, 493 Pmvan, id.
Cafteret, 486 Lenoir, ii. 20 Puderjcrd, id.
Caswell, ii. 304 Lincoln, 392 Sampsou, ii. ij4
ebalbam, 392 MbrtiH^ ii. V4S St^fi'es, 470
ChMian, 486 Mecklenbirg, 425 Surry, id,
Craten, 392 Mdtii^ornety, 392 7yrreU 4-£6
Ctttnierland, i\,.^24 Moore, id.. Wuke, ii 166
Currituci, ii. 21 J\^esb, id. Warren, 425
Duplin, 392 Nttii Mcmoter ii.63 Washn gton, \\. XdS
Sdgcomb, iii 108 ITorttiatrptifrt, 392 Wayne, ii. 166
Franklin, 493 Ors/oto, id. WMes, ii ii
Court of Conference ii. 134" Court of Equity ii. 26
Superior Courts.
Mdenton, 485 J^tlisiorOl^b; idv Sr.lisbury, 485
Fhyautille, Hi. Morgan,- id. WilHiiHgion, li. 30
Halifax^ id. Niv.bern, Hi 14<5r
Coon- iJdnses.
Justic-es. to~ purchase land to liuild court-houses on;
means to'obtaiir itv if it be refllsed • 72
JPowtr to lay tases, therefore", af.d: for- biiiltling.and
'^.repairing prisons and. stocks id. 55
CoiiTt of Conference.
See ^(udges.
Court of Patents^.
EreiSted, but grown obsolete ii. ii7
Criminals.
Their examination and cortimltmeht 10, 425
Rrtit'ed toctmnti! aB'-\Vell as faiSs aiS to law ' 224
Jiraitled to peremjit^n' chsHrnges in crintitnil cases id.
See Counterfnting.
Damag'es.
^ee Anions.
Debtors.
An afl to prcventitheir exportation, f^u. if in force. J 10
Penalty for assisting 10 remove ji, 101
See Infohent Debtors.
Deeds.
Of land to be proved and recorded within two years 18, 118
When so, valid without livery of seizin; provision for
former deeds ig
Witnesses may be summoned to prove them II9
Fraudulent conveyances how far valid 18 i9
Forfeitures and penalty of persons concerned in them ' id.
Morigages first registered lield the first, unless a i^ior id.
one be recorded within 50 days 19
PriiM ones redeemable by subsequent mortgagors t4
No equity of redemption in certain cases id.
Mortgages whecv; registered
Widow of a mortgagor's right id.
Right of foreign Protestants 14;9
Sales of slaves, 10 be in writing, and registered 379, 481
All deeds of gift to be registered id.
Marriage settlements also 397^ 441
See Regl/lerj.
Deer.
See Htttiting.
Depositions.
See Witnejfes.
jreciation.
See CoinSf Tender.
Deputies to a Convention at Philadel.
phia.
AQ appointing them ^i2
Descent of real Estates.
In the lineal, collateral ard ascending >ines 35i et seq 3T8
Females admitted to take by ii. 76
Not obstrufled by an alien jj. 176
Widow capable of taking by, in certain cases id'
Manner of obtaining partition of real eiBtatfefe of intes-
tates 438
See Baflirds.
Devises.
Devise presumed: to be irt fee 354
Devisee liable for devisor's debts ; rtmidy ag^lhSf other
Depi
devisees
579, 477
353
id.
See Wilts.
Disorderly Persons,
See Vagrants.
Dower.
.Widow may dissent from her husband's will
What dower entitled to, meth'-rt of obt&iriirig'it
See Widtitvi.
Entails.
Former method of docking certain 85
Abolished consequences 252
Entries of vacant Lands.
Entry taker's appointment and qualifications 205, 207, 324,
325, 340
How to proceed, pn entries a^d wanai^ts. of survey
adverse claims *• %d. 323, 324, 397
Wemedy against him by persons* injured id, ii. 42
M
Who evtitkcl'to enter latid. . ,^ „„ o2^ o^i
But narricularly 208. 264, 256. 267 284. 316
Keg ulations for Moravian'. Quikers, Menonis-.s and ^ ^^
P»S:^;f;aisites-. .05..03 328:>
ExceiKions a05. « ^ey 251, ' ' ^^1- =09, 322, et s4 ^40, 346,
409
405. ef seq. j^o
208
Restriflions
Entry-taker h&w n entef for' himself
Adverse claims : Entry-taker's, County Courts jury
and sheriff "s duty tl.efeupon 205, 251. 2^4, 277. sSj, 288.
294. 32-3. 386, 422, 443 '
Crams : OoverHor's authoiity to suspend- 278. 335
Mow made out and registered . 207, 288. 334
In what cases and how suspended 278, 325, 386. 422
Relief against error ^' 325, 349
Kntries suspendedin particular cases 393,' 299, J17, \yio
Taken away generally for a time 303, 322, 350
Entries shall hot be moved from-the latids-oh which they ^
were laid ][■ ^
Where vo d, and how to be' entered'by others;- »• 80
When not' paid for at a time limited, to revert to the*
state* ":^®y
Entry-taker to give bond' _ ii. 47
To receive from county courts aU tld btioks of entries^ and
preserve the same "■ °* '
To deliver their books to the coUnty clerk, who is to'-tran- _
sciibe them, and keep the originals in his office' __ ii. 8«'
1*0 return tli-e entries to the Treasurer ii. '47,43
P«nalty for negleflingto return to the comptroller'. ii. 90
May be di^^placed by.couBty courts, ai.d must deliver the
books to their successor _ ii- 4-7
Ehterer. how to be refunded where the land entered is not ^
to be found. iir i7^
Ho w to proceed When the lAoaey has betn'paid f o thfe trea-
surer, ii. i7
How to proceed when retumrhaVC been made to the Comp^
troUer. ii. i7
His duty in corripleting his title ii. 91
Shall pay the Entry-taker his fee«, and the treasurer the'
purchase money ii. 63
When dead, or claimant is an assignee, hoW grants are to
issue ii"89
Time allowed to accomplish surveys ' ii. 1 16 ■
Surveyor, his duty, and how to make his returns- ir. 90
Time allowed for surveying certain lands . ii. 9i-
Warrants, to have the date of the original entry ' ii.* 88
Duplicates, when to isetie ii. 89 -
On entries in Armstrong's office, shall be issued4>y.-the'
comptroller if the purchase money was paid- it;' 63
Grants stayed in certain cases ii. 89 '
To have the date of the<ntry ii 88
Secretary, how to issue grants in certain cases ii- 116
lime to survey and return certain entries extended ii. 138
Surveyors to sign surveys jrf.
Manner of issuing grants on certain entries id.
No grant to issue en certain entries, without the comptrol-
ler's certificate ' ij^
Time of paying for certain entries extended ii. ISI. If 6
surveying and running others extended ii. i70. 197
T J JO. «f6,»17
L.anas surrendered m certain cases tobemore particulail/
describied
Entries not withdrawn till the money is paid ii.47
I'o be entered at the rate of 50s per 100 acves in certificates ii. 92
In what-cases to devolve to the State ji. ng .
Certain entries of land to be described ; plats) otherwise*
held vacant jj igQ
See various rtgulation^ in the divi/tons of counties, as
te/t(cb countief it^ particular: Confi/caiim, Iren-.
iverkstLandsy Officers and Soldier: yRegifiert, Stir^,
veyori.
Escape.
See Sheriff,
Estheator.
His ai^ointment, bond, aaih .and duty u% l?i
See Univer/ity,
Execution. '
1^
"Titles of purchasers of land under former executions
validated
To issue in all cases, againit goods and chattels.
lands and tenements, sheriff's duty thereon 214
May issue from a county court to another county 22^2
To be accompanied t>y a bill of costs 266, 377
Proceedinsjs when propeirty is conveyed to defeat it ii 44
See Conjlables, Ceronersj Jujlices of the Peaces Militia^
sheriff. •
Exe'cutbrs and Administrators.
To pay legacies or make a divsion after two y^s 47S
Limitation of time far creditors In clainii. 22, 475
Surplus paid by an administrator into the treasury - 22, -35$
How to prepare an inventory and proceed 30
Pka of fully administered need not be on oatb " 478
Heirs or devisees may contest it 380
How to give the deceased's books in evidence ' ii. 97
To take a list of the property defeveredand bortd to refund ii. i8
Direflions in selling ; ii.SQ,6t
Empow-ered to convey land in certain cases ■
Judgment may be entered against, and a surviving obligor ii. 104
An aft relatingto, amended ii. 46
Another declared not to have repealed a former oae ii. i43
Debtors appointed execuiors, not discdarged thereby ii, 6s
Children of an intestate to deliver lists of the property re«
ceived in the life-time of the parent-' ii, ag
Commissions allowed to ii. 143
To provide for superannuated slaves ii. i2(l
See Inteliatis Eftate, Legacies^ is^Cf Probate (sfc.
Fees.
Attoriiey- General errata Pickers of tobacco 430
for the state > 364 Processioners ii. a7
Attoriues 418 Rangers 377» 11.145
Clerks cf courts 376, 439, 485, Registers 377, 321, u. 106, 153
490, ii, 108/ 27 Readers ,53
Clerk and master 443 Sheriffis 14.3.277,232,314.,
Commissioners of affida- ii, 108, 199
vits 380 Seaetary of State 315,321,
Constables 377, ii, 6t j;^ i.^
Coroners- id, the Governor • id.
Entry.takers 321 Solicitor-General 48S
In5peaor»430,487ti. 14. 219 Standard.kecpen jii^tg
Jailors ii. 156 Surveyors 32r, 417
Jurors 332, 4I7, ii. i99 Turner of tobacco' 430
Ministers" a53 Witnessed 33x. ii. 199
Pilots 363, u. 3*. 66, 99, 129
Execution may issue for clerk's fece; bill of iost annexed 260
Clerk's fe«!s settled by the court in case of disputff " id.
Copy of them set up in his office and in the court house 376
Court may allow annually for ex officio services id.
Penalty for several officers taking greater fees &c. ^f-'
See Cojls, Courts of Equitu
Eeme-Covert.
Sk Landii
(^{c<!*ssori€S to felony ponishcd as lor amis«kdieanit» ii. 103
rteeeivers of stolen good?i, howx ■punished i'l-
See CtiinteHeUittgy H^f/e-Stf^ift^, Marridgtf Slaver.
Fight, Challenge to, and Duelling,
Fences.
I^W&t shall be a Mfiil ' fef^e ; iHanA* of pVdtefeaihg',
whenliespas8*S'a»eiCnmWltt6d' 245
Owners cf unlawful fences, -unreasottably maiming . &c.
^ cattle, hogs Jic. to mlkfe'S&fisfacfion ««t
See Reads and FerVie^.
/Fight,. Challetige to, and Duelling.
PunisUraent of ii i95
Fines anct'lforfeitures.
Formeror.es to be accountedfor *»5
Those aft'etwards laid how^sposed id- ii 18^
Cferraii' :o be paid to the couny trustee ii. 180
r.j See penalties, CoAfiij Courts, SupiridfCouris.
^ Fire- Hunting.
Punishment of ii. 18s
Fire-livsuraTiefe Contfpany;
^(jbscriptiok books; incorporated. When; general meet-
' ing, officers, regulations, &c, ii. aiO
Fire- Wood.
Regulations for the Sale of in towns' 364
Fish.
Commissioners to keep riv6rs open fiSrthe passage of
it; peiatty for aifling contrary to their order 437
Nits not to be set^cross the channels of rivers ii. 8i>
Ft»rgery.
Certain kinds defined, and how punished, Stjtt. £i>S. 5
declared not to be in force ii. 173
See Counterfeiting.
Fornication.
See Vice and Immorality.
itugitives from Justice^
Means of apprehending, provided ". ^56
Gamiiigi
No money woii by ^ming recoverable except horse-
racing _ _ . ^°
Nor money lent or advanced therefore, securities void' id.
All kinds of. prohibited, money staked to be seized ;
tables destroyed ; Justice's and sheriff's duty there- »
upon »»• 9>123
In a public house, penalty on gamesters, betters and
the taverjr keeper ii. 138, 151, 178
Gaols.
Each cotmty to have and keep one in repair ii- 71
Number of apartments in the jail, their designation ;
guard, prisoner's priviledges . ^ • ii. 72, 73
'Criminals conveyed and kept at their ow8lj3>a''ge '•'•
General A&sembly.
Eleflion of members, when, where and by wbiom held 227, »*8,
474
Sheriff or returning officer's duty in giving notice,
takingthe poll, declaring die eleetion, giving copies
and making return • id.
InspeAor's- appointment and duty • '•'•
Voters, to take an oath if required, penaltie* «'•'•
Certain persons di< qualified from voting SOS
Bribery how punished 2"8
Persons in'ca^Aciiatiea 'frottt vbttng-idr being; ' el6<flied s sS, 9*3 ,
337
Oi casional diftioiis , . 3:^
Sh eriff to furnish candidaws \*ith -a copy of the poll /
penalty ; alowance . ii. 14^
Witijcsset, onacohteSf, dofh^llfecf to aRend andpaid ii, 154
JJotice required to adverse party ii. 97
Persons breaking up an eteiliOn; how puijshed ii. 3D
Penalty on members failing to attend, their priviledges 440
Time of meeting ii. 73
Spfeakers not to be preceded by officers with wands ii. 137
Certain persons ir eligible; penalty for Ofleriiig ii, 38
Oaths taktn by the^members i5, U, 12, 17.7
Afls cf, from what \ime to be in force ii 13S
Causes of expulsion li. 17^
Appointment cf a governor and' other officers ii. 53
Certain petitions, which require previous notice ii 98
Evidence, in case of a contested seat i!. 97, 154
See Governor, Ordinance.
Georgia.
Relief of pers6ns : ued for negroes cr 01 her property,
received fur services peifofmed for that state 33i
Governor.
His power in the execution of laws passed btfore there-
Voimion 253
May call the Cer.eral As.'ertbfy 283
To appoint a private seen tary, duty cf that officer 37.8
To colleft vouchers Sic. 335. 46 S
See Aotary Public, Raleigh, Slaves and Pe'/ons of Ca^
lour. Deputies to a Convention at Philadelphia, Ci-
vil Lifi, Comptroller, Confifcation, Eniri s. Militia f
Notaries, Officers and Soldier , O; er and Tirminer,
Treafurers, Troops,
Grants.
See Entries, Regifters, Surveys*
Great Seah
Ordinance and afls for procuring one 197, 354
A new one direfled ; approved of, impressions of
the former validated ard allowed for a further time ii. 13,48,
64
How to be affiiced to grants, &c. when casually destroyed ii. i3
Where kept li. 61
Guardian.
May be appointed by the father, in what manner, his
authority t4l
Court's interference if he misbehaves . j. ^^"^
Superior and county courts may appoiiit gOardians to
infants •""
Their dttty in taking security, consequence of negleS id.
Fower on misbehaviour 6i guardian 1 43, rt stq.
Guardian's duty in accounting 'd.
Stock, plate, and slaves of the wardhovr disposed of 34;>
His land how let . id.
Perishable estate may lie sc H id.
Money let at interest, guardian's duty, when due «/•
Sccuritiesofguardiats how relieved _ i44
exonerated after a certain time ii^ '"^
Dire£lions on the sale or hiring of the ward's property ii. 56,61
What commissions allowed him 11,143
See Orphans.
High-Treason.
DefiniiiOB, trisl »Kd punishment 119, 2i8, 269
Horses.
E<gulatU»ns as to keeping or suffering them to run at
large 31, 168
Penalty for sufFering any stone- horse to g" at large ii| 382
^et Cattle and Hogs, Fences.
florse Raging.
Orfil contrafls and bets on horseraces, void ii. ^56
.^ee Gaming.
Horse-Stealing,
Made felony^.wjthout clergy ^
Hospital Money;.
AflsforthecoUeflionof. , ' ,481,495
tertain persons exempt from paying ii» 23
Hunting*
Provision against killing or destroying deer 4O, 69, 364
tjualificatron for hunting or killing dear, penalties > 168
Carcases not to be left in the Woods ' 364
|\lo body to hunt on another's lard, without lesve id.
Evidence on trial for such cffence : application of fines ^65
Idiots and Luna.tic^.
To have guardians appointed by the county court ,384
Their situation to be ascerta-ned by a jijiy id,
', See County Courts i ''
Jeofails,
A^s of, enforced " 2i6
Impeachjnent.
J'roceedingsonan;- sajaiy of ctefendani stopped n. 74
Indemnity.
Several afls of • ' , ;181, 329, 411
■Indians, '
T-'ieir land net to be leaseJ or purchased ^3, 81, 2J>4, 322, 323
Bounds of them '• - -' ■ < td.
Settlers to remove, nobody to settle, anj or . cultivate
them ; nor to drive stock or hunt thereon ' il .
t'tmise of part of them confirmed ; certain regulations
' rs to others ' ' 255
Ktversicn of their land to belong to the state 256
Penalty for trading wiih Indians ' ^58
Mode of relief for them 23,2^6
Indians taken captives during « certain war, .made -
slaves '■ ■ i3»
Treaty to be hel^ ,vviih thent 338, 481
, $0/1 Tuf;arora.
Indi6linent.
In the cct^aty cour's, defeats of, ciired ' _ •36.1
In what case the prosecutor may lie ordered to pay 9051 ii, IC4
• Insolvent Debtors/
How discharged when not worth 40s. tS3
When desii-ous ol giving up his estate^ 384
Released -"Irom xoniincment; ext cation may issue
again$t the property he acquires ji. 38
Jnspedtor.
Inspeflor's appointment and.qualili aiions
Certain persons disqualified from being eltflcd
Inspe(aor ineligible to a ssat in the legislature
His duty ; forbidden to buy cullit^gs, &?, Z57, et
Places of inspeflion appointed >
Master of vessels' not to take uninspeiSed articles ; cath
Particular dire£iions as to certain articles ' id.
Kestrii^ions as to barrels and hjfli barrel^ exposed ,to sak
360
St
336
360
id.
t-l.
id.
373
oJ9
Certificates of inspeAion refuiKfi
Fines and forfeitures how applied
To execute his office personally
To hold it, during good behaviour
May, in ce;rtaiii caseig be ^rovisipnalljr appointed by ,
three Justices it. l4A
.Flour, lumber, and tobacco ■ ii, 13, 66, i44
Fish, beef and pork ti. 16; ^i
To renew his bond every thil^d year s penalty ii. 4^
Set County Court/ and Ffiti
Interest.
Time during which it is disalloweid 39V
Intestate's Estatp
.pistribution of pers'onai'estate ' 156, S53« 4l^
Jjee Dffcent.
ihVfilids.
^ow platted on the pensioii list, exaiiumtlon, comptrol'
ler'sdiity / ii.lM)
Oath-, allowance, how ob^uned; not[;an«fitr of it valid;
poWer to receive' it - • '- ■ • • ii, I4J9
Those who neglefted to apply ip time relieyed ii. IStt
See Oncers and Soldiers,
ioint-T.ena,n&y.
Manner in which lands in joint tenancy are to be di-
•' vidtd [- . • , . V . 175,476'!
Hight of survivorship abelished, exception ' 35»
Iredell's Revisal. <
Confirmed ' ii. *
Jrpn- Works. ''
45j
ii.n»
ii. I ^
ii. 8?
M
Lands granted Cur «e'tting up ; manner of obtaining
' them ,' conditions , exemption from taxes
Judges.
Not to receive their salary in a ctrtatn case
Kof to be preceded hy officers with or without wands
How to charge the p^ltj^ry • '
To bind over persons suspeded of perjury
To meet at Raleigh to confer oh intricate points, how
long to sit • il. 133, 134, i76(
EacUtojittend one riding alteraatcly
One jiidge to'constdute a<:burt'for any kind of business
■Clerk of the meeting, his duty and pay • ii. ISj
The meeting called the ccinferencejjcourt ii. i7c
Uecprds of i|; in.ay be seaiSehed ' '''>*
See Super icr Courts.
:ment Bonds and Notes.
Judgt
Made void as to the Jjoiver of confessing judgment "
* ' Jurors.
■
3, i|f
Twomay be-challengedpereRiptcrily ii
4low nominated and summoned, i>enalty for not at*
tendance . ■ > 279, 332, ii. Sid
Talesmen, to serve from day to day, penalty id, 280, 31^
In ti t at rranner lo'be !^worn ' ' ■
In the Superior Courts.
Kiimber sent froiWMjh c( imty in the.distriAs of
Edtnlon, ' " f^9ii. 146 Morgan, 479, ii, 21, 33, 1
Fti)tttevit?e, '469 Ntvtbem, ' ii,
Hahfapc, i ^79, ii: §9 Solisbury, ii.'SSi
HiUvhorough. id, ii, 2i, 67 Wilmington,
Grand Jury.
To write thp names .of the grand juror or witness on
whose information a presentment is made
No person to be charged^r arrested on a mece pre*
e«ntmei(t
Justice of Peace.
His appointment void, unless he quatitks within a
certain time ; on removal out of tlje county ii. 39
Kottovote, when he is a candidate for certain offi-.
ces . ' ii, 39,64
Civil JurisdiSlion out of Court.
Nature aria extent of it 208, 391, 419, ii. 57, 195, 207
Warrant ii. 57
Attachment, garnishee, advertisement, replevin
Sole of perishable property ii, 58, 60
Witnesses, summons an4 depositions ii 61, 208
Execution, when and how long staid, when returnable ii. '57, 207,
■ -' - .,- ii.208
Proceedings wJiere the defendant; r^inoves out pf the
county ii. 61, 105
Where the constable cannot find pisrsonal property ii.Sl
Qqntinuance, new trial, appeal and subpoenas for wit-
nesses pn the appeal ii. 60, 196, 207
5ai1i when.4lemand9,ble, how taken, proceedings against li, 5^
' '"^ee Attachment^ Confiscation^ County Court,
Lands. ,►
Posses sioo of, or title witn seven years interrupted pos»'
session, declared good 11,82
No entry on cljum, seven years after the title accrues,
exceptions ■ '- ' ' ' ' ' id.
Feme covert how to pass land 12, 97
may convey, by attorney, requisites ii. 1*7
Former conveyances of husband and wife and confirmed 12
How conveyed by corporations ii. 129
20 years possession, a good bar against the state ii. 14
Penalty for ,P9ramitting waste on vacant lands ii. 170
L^w lands how drained ii. 7^
How divided, commissioners summoned by the S/ierlff;
oath administered by him or a justice 'i75, 176, ii. 83
How divided w\sn a co-tenant is-absent ii- 217
Commissioner's to Jivids it as equally as possible, if
"they are conipeiled to charge the part of a minor
with a sum of money, it will not be payable till he
comes "of age ; it then bear interest ; and the guar-
dian shall be charged therewith, if having monies of
his ward's, .he does not pay the dividend ii 180
Lands to be processioned,- eflefl of it ,a9, 3$
Counties divided into drstriSs; court to appoint pro-
cessioners ; fill vacancies ; prccessioners to return
' a certificate to the clerk who is to file it ii. 26. 27
Processioner's duty incase of disputed lines ii< 144
Certain ails which J udge JreikU siid probably were not
' in force
Afy concerning lands already surveyed 12
Afl to regulite abuses fai the taking up of lands, and
.'. lo ascertain i,he method of taking up and surveying
lands 15
:AiX f<>t forming a rent-roll of all the lands in the pro-
vince, for quieting the inhabitants in their possessi-
on, and dire<fling the payment' of quit-rents 8«
An additionala^ to this last 85
See Defcenty Joint-Tenancy^ United States.
Laws. '
..A^s appointing commissioners to revise them 75, 84, 43;£
See Iredeir.s Revifaly Public Printer. "
Legacies, Filial Portions and Distri-r
butive Sliares of Intestates Estates.
Recovered by petition : profceedings thereon 30,145; etaq. 209,
2«0
$ee Dower, J^pttcutm and Adminiffratorft Ltgactei,
403
JFilial Portions and Diflrihutive Shares of IntejUaieJf^
EJiates, .
Letters of Administration,
See Probate., ^c.
Libel.
Defendant, on anindidlment for, may give the truth in evi-
dence ii. 215
Limitation.
See ASf ions i Land'.
Literary Property,
A<9 for the security of
Loan-Office.
An adl for establishinj^ one 244
See Counterfeiting.
Malicious Wounding,
A species of, punished ii. 10
Marriage.
Who authorised to celebrate the rites of
Previous requisites 45, i57, »55
Servant marrying without leave, penalty ^■^•
White person marrying one of mixed Wool, penalty H.
Penalty for marrying, the former husband or wife be-
ing alive 48&»^
Marriage Settlements or Contrails.
See Deeds, Regi/iers.
Military Claims.
5.e£ Officer s.aitd Soldiers.
Militia.
How composed, armed and equipped ; officers, rank
and .appointment .' ii. 159, 169
Divisions and brigades ; regiments how numbered ii. 36,
67, 183
Grenad'ers; artillery^ horses; volunteer con;panies,
rules 'of discipline ' ' ' ii 160, i75
Fines and their applications ' -■ '■• i65, *2a,223
Musters .• none on eleilipn days ii. 70
Regimental, or battalion, company, forfeiture of offi-
cers and privates for non attendance ii. 160, 164, 175
Place of muster appointed by certain officers ii. 224
General and field officer's trial : Regimental and Crm- ..
pany courts ; Judge advocate, oath, salary and duly ■ ii. 16»
Artillery and cavalry courts ' ii. 163, 221
Adjournment and appeal "• «19
Returns of general and field officers "- i^'
Of a'^jiitants. Serjeants &c. of fines and forfeitures ii. 162
Cavalry regulations ; horsemen not to return to the in-
fantry ; review, arms; equipment ii. *20
Officers, how appointed ; paymaster, adjutant, and
quarter-master ii. 2i», 223
Officers to take an oath of office, and those'employed
' .to collet fines, another ii. 219
Pay for the Militia, exempted from arrest ; to pass
ferries and toll bridges free li, |64, 165
Oftce of Brigade Inspedlor done away ii. 175
Mills.
What shall be deemed a pfcblic mill '245
County court's authority to grant leave to build a mill,
when one side only of a run is owned by the applicant id.
RestriAions ; appeal id. 24$
j^ersons obtaining ail order & z. to acquire titJ? ; con-
dilions annexed to the order; proviso for infwits«&c, idt
N
Miner's duty j. penaUieg 2'i6
What tell to fake " • C id, ii. SO
Misprision of Treason.
What is; trial ; proof, ardpum&hm'tnt 199,228
Mortgages.
^ee Deedt.
Navigation.
Pftt Currituck, commissioners; their :.o:harity ahd
duty ' 347,337,363
Port BatV, Roanoke and Beaufort commissioners;
their authority, &c, ' 337, 563, 392, 436, ii. 185, 204
NftW River comtflissioners &C. ii; 112
'Old Top Sail inlet, commiss-ohfers 337, ii. 98
Cape- Fear, comtni::sioners &G* _ 338,360,426
rjjcgue inlet, commissioneis &c. ^ . 3^^' "-32
Pilots, tHeir appointmeiit bbtid and tjualtfications 337, 360, 363
To go to a vessel on a proper signal 327
To be jjuid after boarding t ho' refused »«(.•
when the vetsel is driven off the coast 337, 560
Penalties . - •. ^ 337
Particular resulafions as to Cape-Fear pilots 360, et seq.'ii, lOO,
109
Ballast not to be thrown overboard, penalty 337,
Btacons not to be pulled down, penalty 24.7
I'ilofs may be disqualified for niisconduS ii. 158
Erttiiled to pilotage on boarding certain vessels ii. 66
Slaves allowed to plot, masters' duty and liability ii. 158
Dismal swamp canal coWlpany 494( ii. 32, 105
Cape Fear, Haw and Deep rivers ii- 31, 50
Catawba, company, dissolved ii, 101
County court to pt'b'mtrte iTikitd itjivigation 393
See GfintagimsDi/ea/eJ'i Feet*
Notary Public.
How appaSnfed and qualified 138
Governor's power to appoint, enlarged ii. 139
Oaths.
Manner of taking an oath 20i
Affirmation of Qa»kers, &c. to be received 401, 2i7
See Attegiattcet
Officers and Soldiers.
Wounded and disabled one's how relived 304, 325, Mt, 398,
399,401
Commissioners' appointed to liquidate their account6i326, 398, iclt
Provision for widows and orphans 304
Lands to be granted, under certain qualifications 3i6
Titles how to be obtained 325
Ccsnmissioners allowed land for their services ; hoviT
to enter and obtain them S2S
Lands allotted Gen, Greene, Gov. Martin, »qd D . Wil*
ion, 306,326
Provisions in regard to (^rtific^ites frfiuduiently obtainad 409
How new grants may be obtained in certain cases ii. 91
Lost warrants; piiichase money [(aid the treasurer,
when grants not to issus . , ii. 93
Warrants to issue only to persons on the roU, blit hot
if it appears he did notservea suihcient time; se«
cretary's duty in such a case- ' ii, i3tf
Ko grant to issue on suspicipaf.WanantSi what evi*
dence admissioie ^z\..\'.\. ^ ii. ii
Dafeciency of land fit for culttVaticrii h'oV ^Upijfl'& f' ' ' '' J3S
M' Armstrong suspended^ no grant to issiie to hiitl,
till settlemteflt. certiitr entriilof hisr-Void ^ ii. IgS
Another surveyor ^pointed, hU Mtb| bond, a«yi;,i .J-
f eesj fiet*|»wl«f fejA
Grants on entries and returns^of j. A^ffltir^ng;; M^
eretary to issue -foarfabts oii.~such.«iitrtet.. ii. i37
S. Donelson^ti5pended ! new surveyor . >>•<<!(«
Military claims for l^pds, tJf^rred, np, rrjilitvy warrant
to issue. afier ,% cert^\n day;. 1 . ^ .-,;•; i.- ■:.,:,■ ,. M. i77
Secretary to hote on transftrred warrants the day on
which it is returned and .advertise,;, ^dif no.clairh
.vrith)5 Sqio. (the gritvtee's name being on the iofi)
the grant'to issue'; iliegal vvarrants ii. i5$
if there be not and CT.ough,, the d.efacieney^ had spittc!
where else, plats designated ii. 15^
Warrants of 1000 located in like rtattite? , ii. r<^
So, warrants or entries in J. Arrnitrong's office ii; «/,
Ordinances.
'to erhpower the governor to issttea proclamation of
pardon _ 19S
To secure the titles of thurch lands and houses of
public woi^hip, &c. 197.
Appoint'mg Commissioners to procure a great seal ScC. id.
For supplying the piiblic treasury with money for the
exigencies of the. state Sie. ; ' , 198
For establishing'a place for holding the future meet<
ings of the general assembly &c. 459
To enable the freemen of the town of Fajetteville to
ile<5t a member to represent the said town in tbs
General Assembly £«:;■ " ' 465
Ordinaries.
Licence, bond, .Clei;k'& fees; not to sell to slaves or
sailors ii. 128
Rates fmed by the Ceurt, copy set up, credit 41. 123
Orphans.
Aii orphan's cotirt held yearly m each eounty { pro*
ceedings J43
Guardians to exhibit their accounts therein ids
Court to inquire into abuses I44
Grand Jury to present objeiSs proper for the considera-
tion of the court »V,
Certain orphans to be bound apprentices, in what manner id.
Court to enqjuire and relieve against abuses of masters «/.
See County Court fy Guardians,
Oyer and Terminer.
Courts of, held, under the governor's commission,
when necessary 3t3
Special one held for the trial of persons charged with
frauds on the treasury 409t, 432
Means adopted to prevent their escaping punishment
&e. id^
Pardon.
All treasohs, misprisions &c, during the war, pardon*
edj exceptions , 33#
Inhabitants of certain western counties, who withdrew
their allegiance &e. pardoned ; 423, 447, 468
Paroles.
AA concerning those who took paroles front tSie Bri-
tish ) further regulations thereon 302, 330
Patents.
Forn^er onesof Lord Proprietors deputies, Confirmed ti9
Certain patents or deeds vacated x65
Sie CoarfofPlttenis.
Penalties.
AU pettaltles &c. payable befbre the revolution to the kiti^,
toberecover9d;intl*ejian»e^ofiheptate, ..... 2^
Those prosecuted in the name of the Church- Wardens and
vestr/,\&twd iatli«nam«irof'tlie justices of thecount/, ic^
Those to. the^us* of ihepiAlic or counties ; as before 225
lliose tothe use of parishes, to that of the county id,
Pedlats and Hawkers.
A& reUting tt> tl»ero> tepealed ii, il9
' SeeTatces.
Perjury and Subornation of,
Fenons guilty of, how bound over, indicled and pu-
nished "• ®
Pbysicians.'
Tlieir bills raty be taxed aud &t6 to be made out in ^
• English . S. "
Pilots.
See Navigation.
Places of Public Worship;
^e Church and Meeting-Houfe Tards^ Ordinances and'
Religious Societiet.
Pleas since last Continuance.
'Soli to do away fonner ones ii- 87
Poor.
Overseers of the, how eleAed; their qualificatibns ;
vacancies how supplied 232i et seq- 335
Penalty for refusing to aft «''•
TheiE authority and duty id. 27»
To be stiled wardens of the poor ; county wai dens,
howeleAed, vacancies bow supplied, penalty for
not serving, exemptions 353, 232
Ther authority and dtjty 233, et seq. 47I, +98
Sherifi's and constable's dut^ id.
Clerks of county courts'
Tax, how laid and colleAed
Former order of vestries confirmed
Legal settlement, what
Unsettled poor, how dealt with, penalty for harbout*
ing theni
Post.
Contra^ort for carryingi^^the mail, priviledge of
Preein6ls.
See Counties.
Prison-Bound?.
How laid off;' recorded, and marked, marks renewed
Certain prisoners to have the liberty of them ; on what
condition
To be deemed true prisoners on complying therewith
Consequence of a breach
Bond for bounds, how assigned and sued upon
flea of non est factum, to be sworn to
Probate of Wills and Granting Letters
of Administration.
Former probates validated 21
Wills before whom proved 220, 475
Letters testatnentary, how obtained id.
Letters of adminisuation to whfl^ and by whom
granted \.^ 22, /rf,
In what maimer to issue, bond and RCUtities required,
form of it how sued upon 220, 475
Appeal. »irf,
YliWh, inventories and accounts of executors and ad-
ministrators to remain in the Clerk of county court's
office : all persons to have access to them id.
See Extcutort and Adminifiraiorft Intejlaies ERatts%
' and Wills,
Process.
Inpvil cases when tested ; day on which it issued,
marked 210, 211
When to be executed and returned id. 221
Jiow avoided \ when irregularly issued cr levied id^
What process to issue when defendant is not found 212, i2a
Former process how proceeded on 2s5
Process against property to issue in future against
goods and chattels 229
In crimmal casefs may issue at any time and'be return-'
able on any day of the term »il', 222
How process executed when there is neither sheriff or
coroner 27&, 492
Prociessioning.
See Lands.
Promissory Notes.
promissory notes negociable as inlaitd bills 14 '
Judgment on former ones validated ta^
Order in writing on third persons good, and tht^'draw*
. er or acceptor liable id.
But protest and notice necessary before suit against
the drawer id.
Public Buildings.
Commissioners of, authorised to recover from their
predecessors &c. errata.
Public Printer.
Hb appointment, duty, bond and salary 404, 415, ii4 43, 137.
233
434
233
235
437
56
id.
td.
131
id.
id.
ii.28
Public Property.
Lots in Newbern vested in the governor tor public use 155, 16I
Certain articles of public property remaniing after the
VTAt, how recovered and d-sposed of 552
a61 for recovering some pieces of artillery 400
Quakers.
Permitted to vrfeair their hats in courts "63
See AUegiancey Oaths.
Quarantine.
See Contagieus Di/eafes.
Raleigh, City of,
Plan of the city, and pructedings of the commissidners
ratified, names of the squares
To be the residence of the treasurer, seeretaiy and comp-
troller
The Governor to reside there, permanently
See Councillors of State.
Rangers,
Appointment of; tenure of cfhce
Proceedmgs in regard to strays
Taker up, who, under what circumstances and con-
ditions, the property vests in
Right of owner to claim
Taker up, to pay two thirds of the value
Owner when entitled to recover the same
Taker up when answerable for the death of a Stray
Strays not to be used before appraisement
Priviledge of searching ranger's books
Power of the county courts, in the appointment of|
enlarged
To pay the value of strays to the county trustee
To make returns to the count) ccurt
To t»ke bonds ^cectain cases
See Feet.
ii.29
ii. 203
s39
id.
240
239
id.
240
id.
id:.
id.
ii. S18
ii. il9
ii; idi
ii 145
Real Estate.
Of deceased peroons, how proceeded against, on f«iUute
of the personal i5» 19
lleceivers of Public Money.
JJow to account, ' 303, 392, 4-33
, Penahy tor not accounting according to law 303
Proceedings against those who fail to account or pay id-
Sjjeriff's duty on executions against such id.
Recognizances.
See County Courts Superior Courts^
Records.
Suffererfi by the destr^flion of, in Bladen at^d Onslow,
relieved 103, 173
Registers and Registration.
Public registers, how appointed ; bond and security llf, 253
Births, marriages and burials to be registered 19
Penalty for master, or misttess, and married mau
negleiling to give information thereof id.
Deeds to be registered within two years from the
date li8, 288
Penalty on register, neglefting to register within two
■ months after delivery 57, il9
Remedy against ; to renew his bond, every third
year ii. 41, 4»
Pftwers.of Attorney to be recorded ji. 159
In what mariner witne^ces to deeds Qiay be bi;ought in 1 19
Proceedings, when the grantor and w.tnessei are out
of the county 308,351
Mode of proof when witnesses are dead, or the deed
was executed abroad ' ii. 18, 95, 20a
Grants, when tob<ire,j;istered 207, 288, 3*4, 4'?J
Provision fir deeds and j»»ants not registered in tirne j18, 156,
186. 202, 288, 307i 350, 4,2, 443, 451, 492, ii 95, 106, J26,
. ■ ■■ ■ ' 35?
Deeds of g'ft ii 77. 95, 202, 2i9
Marriage settlemen's andbills of salp ii. 16. 77, i06 i44
T^eeih from Lord G>-anvlle's oirice 45i. ii. J7, 152 ■
Registers of a deed, .or u copy of the recor^, attested
by the register, when evidence S7t 119
Cqiies of register'sbooks authorised ; Ijovv to be made ;
allowance therefor ■ J79
How certain deeds 'may be recorded in the Secretary's
office, when the former books are lost or destroyed 451
All conveyances, with certificate of probate direfled
to be registered ij-g
Deeds for certain western lands whereto be regitier-
fd _ • ■ 452
See Deeds^ Entries, Fees.
Retigious Societies.
Property secured to ; appointmiHt of Trustees, their
power ii. 53
Retailers of spirituous Liquors.
Sealed meastjres ; rates,- licence; tax; not to ttil to
slaves, &.C. ii. 1:22 j2J
Revenue.
Colkflors of arrears, apjiointment, bond, duty, and
allowance' , ii.'39, 40, 41
Further allowance to be made by Treasurer and Comp- ' '
trailer ii. 201
Roads and Ferries.
Former ones confirmed '580
Power of the county court 283, 381, ct seq. 403, 493
Failure roads laid oflf by a jury in what manner ; to
L ^« deemed public roads
181
Overseers, hojv ajiponitsd ; penalty for refos?ii j ta
ser^w 381,312
Kone compelled tp serve mort than one year in three td.
Theirduty 382, 421
Who liable to work on the roads j what notice due, .
penalty 382; 383, 4? I
Penalty for barring vr obstruiling road* id.
By what-authority they may be turned ■
Penalty for turning any, without id;
old road open, till ttew one certified to be in order i.d-
Exceptions as to particular rivers 333
County courts authority 'as to tolls and ferries id. 233
Kp-epers of ferries or toll bridges to give bond - - id,
In certain cslses to furnish entertfiinment, and take
out licence
Penalty for extortion or i^isbehaviour a83
Penalty on unauthorised persons transpprting any per*
son for pay i48
F;ii\^s and forfeitures how applied 164, 383, ,421
See Pop.
Sailors.
Deserting from fore'gn vessels, stopped 291
Secretary of State.
His bond and oath ; remedy against him ii, i24, i25
To furnish the printei' withcopies of the laws li. IS/
"To make out a list of fees ii- 43
Dlr^Aions to, in issumg grants and warrants 63, 81, 92, 110.
'- ' " ' • 116, 14.2, 150, 2i7, 218.
How to proceed ajrainst entry takers ii. 79
To transcribe certain old books ; originals how preser-
ved, copies given in evidence ; authorised to dC'
niand brooks and papers ; allowance ii, 158
Securities.
E:ll&, bond; or ijct^s formoney, sealed or unsealed,
itegociable ' • 413 '.
Indcnser may maintain aAion on the case or debt id. 480
Debts on bills, bonds, nqtiss and settled acciuilte sign-
'ed by the dtbtor 10 be of equal degree in regaid c»
executors and admin.strator^ ' 4t'>
T(? ^ear interest y/hen due * ' id,
l^t»H demand, trfbe due'or suits.at reqt,i;st ■ idt'
Specific articles valued irv regard to the tune when due id,
Ai3 of limitation to run against suqh. sefurities after
assignment . . ^^^
ServantSj Slaves and Fersons.,of Co-
lour..
Pr/5V'S'onB respefling inrler.teJ i.;-ivants 53, e< sifj.
ImportatioiT. of slaves' a«id. persmis'of colowr, prohi-
■.bited under cei;ain penalties against importers, buy-
ers ar.d sellers '■ .' ' .:,■: . ii. 53-
Certninpprso-^s exempted ftom this regulatioitij.dat^i
■ required of them" ^- . j "■ '. ^• - ' ,'?' '^ j» "1' j53, 7?, 94^
Justices. Sheriffs, 'CoVon'ers ancT Cpristiyljles cJjargedlo
prevent it ,i' '".'.'. i'. : -.V: .iA . » '. 1 > ii. 53
Exception in favor ofccrtain perfom ' ;. iii 53, 79, 94'
^^uide!• of a slave, how pcsvshfd ;, • "•.8,179
Hiirlioiivinc;-, tr.iding with enticing, .concealing or con-
veying a,vva^' s'avts.puriij^d .,-; :..(.'. . •'•.?• 9
Masteis of vessels carryulfcaKm away, guilty of felony. ii. 2.J
Bills of sale, how witnespiPand recorded ii. a 5 26^
Slaves not aUowfed to hire thelrtime ; grandjury.tp^r^, ; , •
sent those who do ; consequence ' >U.^'.
Penalty on slayes producing forged passes ■ : . .t.v- ■ ii. 8
No per'son to permit negroes to meet, dance, ^c, ur)4er a ,. i
penalty ,,,,;;•■ JJi 51
Insurredlion of slaves, militia called to st4ppress,,GWf TO- ;
or's and Justice's jrower aiid duty ' - >- • -■••'•' jj^
Conspiriey of negroes to rise, felony; punishment j
Court's power to commute it ; transportation ; pun*
• ishment for returning ii, 203
Fire<; persons joiriir>g in it how paaished; militia to ba
» CiUeJ our, Governor's an-l justice's pswer and duty il. 20i
Superanuated slaves, how provided for ii. 120. 179
Slaves how liberated ; bond to be give.i by thi mister ii. 88, i79
Free persons of colour to give bond for thsir good be-
haviour ii. 79
Grand jury to present them, ^yhen disorderly ii. 80
Trial ofjiaves.
When to hi \3y jury ; notice ; special court ii. 38
province of the court and jur/ ji. 56
Slaves, how punished for the following offences 10^
Going a hunting with a gun on any but his nister'^
lands 36
Travelling in the njght or being found in quarters td.
Killing, stealmg or misbrand ng any horse ic. id. 5Q
Running away ; going armed 6?, et seq, 104
.Qflfering any article for sale, without leave 448
Cbaspiringto rebel or mu-der 65
'Giving false testimony id.
Mode of trial, evidence id
May intermarry, with their masters licence 36
'To be whipped, when unable to piy fines 59
When permitted to carry a gun CA, lOi
Not to rais£ any hordes, cattle or hogis 64, 272
How set free, and proceedings against those illegally
liberated 65. 20J, 266, 450
Sa'.e^of certain slaves illegally liberated confirmeti 266
Proceedings in cases of slaves brTjjbtfrom a state which
has passed laws for liberating tlivas 4i4
Proceedings against free persons trading with servants or
slaves ' 6j, 4.12,4iS
Against any person tempting or harbouring any slave witi)
intent to carry bim away '^I
Ftjuny aSually to carry hins away iu. 63
Stealing a slave or carrying a free liegro away with intent
.1 to sell hiiT), felony without clej^y 266
Owner of slavckiiled vvi-.ho-:( authority tobavean action CS, i89
'If a slav; not p-operly fed an I cloifijd steals, owner liable »04
Slaves, negroes and mulattoes nor to be entertained on
board of vessels 431
Free negro or mulatto not to entertain slaves 432
Free negro not to marry a slive without the owner's leave td.
Cler-'i's toHutyread an aft 266
Searchefs end Patrollersy
How appointed ; penalty for refusa} to serve or negleA
certain priviledges 104, 281
Their authority, privilerjees an I duties ii^ l'J9, 54
See Deeds, Hunting,
Set-off,
In what cases and how a lowed iiS
Sheriffs,
How appointpd and comm ssioned 278
His qualification, bond, pe.ialty for refusing to serve,
exceptions and exemptions *35
Penalty lor negleiJl in executing process or making due
returns .' ,,■ ^36
In what instance civil process must-iwi be executed id.
To give a list of fees, on an executira, if required id.
Totakenone but bail bonds 537
Proceedings in case of escape ' td.
Totakenone but legal fees id.
Remedy against, for not paying monies, or suffering
escapes id.
Recovery in cases of escape when the plaiatiff or she-
riff dies iV.
Prisoners how turned over tost tiew sheriff
Sheiiif's bonds may be assigned, ho>v.
May execute deeds for property sold, after he is out
of office, or by former sheriff, if he be dead 377
How to accoun: fjr public monies »33, 17/
His sureties may coUeiJl taxes, if he removes i7i
How ippointed in certain cases ij. 128
^iNeed not h*ve the Governor's commission j Clerk's
certiiicate
To settle annually, penalty, ml ige, oath
To take ball in suits oa i.enat statues
His duty on executions for the state
processes from justices and fees therefor
In what cases ts sell the estate of an intestate
j^x. what lime of the day to make sales
Authorised to bau certain criminals
How to levy for the fees of colleftors of the revenue
Penalty for suSFering felons to escape
To make certain publications
May execute deeds afer his office expires
for lands sold for taxes by his predecessor ii. 177
Remedy against him ii. 4i, 15S, zOl
May execute scire facias without any witness ii. i43
To give bond for the colleflion of taxes ii 127
See ConfiscationyCon/lablet County Court, Deeds, Exe-
cution, Feesy Procefs, Public Property, Receivers of
Public Monty, South-Carolina, Superior Courts,
Surveys, Taxes.
Slander.
See ASiions.
South-Carolina,
DireAioriS as to property taken from S, C. during the
war
Titles to several negroes taken by Gen. Snmner in S.
C. confirmed ; proviso
See Boundaries.
2xj
ii. 217
ii. 6, 70
U. 1*4
ii. -23
ii. 57, 6t
ii. 43
ii. .56
ii. 104
ii. 40
ji. 12
ii. i78
ii. 144.
i93
447
3 O
Statute Law.
How far British statutes and common law in force
here
See Jeofails.
Strays.
See Rangers.
Suicide.
No longer a cause of forfeiture of goods
Sunday.
The observance of it, enjoined
A certain a£l read in churches
Superior Courts,
Distrifls in which they are held 208,
Judges, their number, authority. and qualification ;
penaltv
General objeiSs of the court's Jurisdiflion
Authority in cases of furmer suits, and fines and tor*
feitures not accounted for
Particular regulations in favour of foreigners
Clerk's appointment and qualifications
Bond, Eecurity, oath, penalty
Where to keep their offices i attendance, deputies
Direftions as to issuing writs
To take probate of witnesses tickets
To coUeft, and account for, taxes on Uw proceedings ;
returns to the comptroller S93|
How long each term to continM
H^r 252
4<M
5-3
53
3i7, 444
K/.485
218
391
a09
id. 419
225
439, 479
2ir
4t9»43£
485
iio
tlO
391
■Sn 237
3W, 215^
id.
418
id,
215-
id.
4SS
2i5
226
jl. 46, 118^
ii 30
ii. i/fS
Vf. 182
458> ii. 7&
A aiofls in what district bfought '
Courts and causes continued notwitlistftnamg tnc death
or absence of any of the judges
Continuance rot granted witboot conseut or affidavit-
Prisoners, how proceeded against
Writ of inquiry, execoiion of
Rules of court ; declaration, pleading
Ko instrun.ent lost or destroyed for vratit of forn*
Parties may plead for themselves
When different causes to be heard or tried
Judgment when final or interlocutory
Jurors sworn for the whole term, in civil suits
Motion in arrett of judgment
Persons precluded from the benefit of the court zSi
Of what suits t© have jurisdiflion
Power of the Lheriff to adjcum it in certain case*
Regulation as to the atiendar.ee of Sheriffs
Clerk to publish a list of causes at issue
Authority in case of forfeited recognizances
To renew their bond every thiid ) ear ,- remedy ag^iKt
them II- *^
I'enalty for making- fa'se depositions in certain cases ii. IT
See Ireaty, ylffidavits, Appeahy Att^xhmentSy Bail,
Civil Lift, Coins, Coniifcation, County CourtJ, Court
Days, Courts of Equity, Depreciation, £xeirution,<
Fees, Judges, Oyer and Terminer ,^ Procefsy Surveys,
Taxes, Tender f Writs of Error,
Sureties^
Summary relief against the principal iii 109
Of certain officers, remedy against Ji- 201
Surveyor.
How appointed 205
Appointment of surveyors for certain Western lands _ 346
How qualified ; deputy ; penalty for refusal, or extortion SOA
^ r / r / 208,346
How to survey entered lands 205
How to bound and degcribe them 207; 251, 264, 277, 324, 346
In what order to make surveys ; direfiions in case of
a caveat 324, 386, 422, 443
Iti what case warrants ihay be removed to other Iand33a4, 4z2
Surveys how and when returned 207, l64, 288, 299, 324, 367,
396, 4»z, 48a
To renew their bond tsetf third year; remedy against
them ii 41
Penalty for making false depositions m certain cases ii. 17
See Confifcation^ Entries, Lands, Jron-Worist Surveysi
Surveys.
In what cases they may be ordered
Two surveyors appointed; exception
Jury of view; their duty, to attend the court, absescc
of any of them how supplid id.
Their allowance on the premises atid in Court id.
See Entries, Survewr.
Taxes.
Taxes and duties laid before the revolution and rego-
lations concerning them 80, »08, 114, 135, 139, 155, 1^7
Tax for county contingencies 248, »7r
on law proceedings &c. ' 419, 372
on lands west of the Apalachian mountain'^ speci-
ally appropriated 469, 424
Taxable^property. w hat iff 312, 342, 344, 429
Regulations concerning poll taxes id.
Regulations respeaing the taking of lists, &C. 34« et leq,
^Appropriation of taxes 4i5
Fvl{b6 ;«ar8 im, 180S| 1893, 1804, ii.l51j i7%i 194, a^
*i7
id.
On Hawkers, pedlars and mercTianfa ii.2r5'
How coUefied, by whom and during what tiiiitf n. 6, 150
On land to be paid in the county in which it lies ii. 62
Entries of land liable to taxes ; double taxes . iii 70, al6
Lands how given in, and sold ii. 86, 87, 115, j50
Time and rhanner of giving in lists, Justice's, Clerk's,
Sheiifl's ad Constables' duty ii. 6, l70, 17f
Siee Civil Lift, County Courts, Iroft'Worhi Naviga-f
iron. Poor, sheriff, Superior Courts, Towns.
Tender.
Eifefi of a disclaimer' and tiender of amends in tre: pitst' 1^
Former a<ns making paper a terder repealed 328
Paper of 1783 and i7bS a .e der 320, 39*
Plea of tendtr when to be sworn to 32^
See Coins, Depreciation,
Tennessee State of,
Authorised to perfe^ titl<>s to certain lands >i. 208
Tobacco.
Imspeftors their appointmei.t, qualification, duty 240, a82, 430^
No tobacco to be exported without being inspe^ed 241'
General power of Justices in this respeiJ »4»'
Ware -house rent a'8a, 43O'
Vessels With' tobac<fo, how cleared 843-
Forging inspeiJlors notes, taking a stav*e Sic. out of
any stamped hogshead, made felony id.
Method of obtaining tobacco, when the note is lost td.
In speflor not to deal in tobacco £45-
Proceeding as to tobacco damaged' after inspeAion iit,-
Slaves m certairi counties not to cultivate tcbacco id^
Persons appointed to assist inspeSors, turners up, &c, 430'
Pickers to be appointed, their duty, 4S1'
InspeSor's place how supplied in case cf incapacity, &c. irf.'
Money appropriated' to purchase tobacco to raise mo-
ney for the discharge of the debts of this state ; va-
rious regulations thereupon 395, 414, 423, 433
Towns.-
Further time allowed to save lots in towns. 4O4'
Commissionersof to pubiivih lists of taxes and disbursements 42^
Treasurer of County Buildings,
Their appointment and duty ij, liO, \ZOr
Tfeasurers.
Forrfieirly there were several treasurers ,• their duty
in recovering arrearages of loan money and as to
certain bills of credit 80'
DireAions concerning certain nibrtgages 99
To call all sheriffs and collediors to account 233'
But notv there is but one ; his appointment, oath,
bondj J 370 et seq. iL 173
His duty to proceed against delinquent sheriffs 371
To demand a list and accounts of all persons indebt*'
ed to the public and bring suit against them tJ.
Returns to be made to hiih, his duty thereon 393, 435
His liability for all monies received, and in case of ne<
gka, for those due the puWic 372
His duty in settling with the comptroller and laying his..
accounts before the General Assembly 570, 416
In publishing an annual state of the treasury 393, 420
How proceeded against on, ifiiilure to account 325
To make out two recel{W^r all monies ii, 29
His duty against certain entries of land, in arrear ii. 107
See Oncers and Soldiers, Ordinances and TdPtef*
Treaty of Peace.
With Great Britain ratified by Congress ' +56
I)«clw«(i to b« tbe Iftw of th« land 430
1iz\sei for iki proteaion of Davidson ibonty, regula-
tions as to their pay, claathing. employment &c. 407,
Trustees for Counties^
How to account and settle ; duty in regard to these &c. ii. S4
43. 7«. 119
'I'uscafora Indians.
Commissioners, appointed ii. 122
Authorised to lease certain lands, which are to revert to
the state afterwards, entries of lands foi bidden 194, 195
See Indians ,
United States*
i)efrts due to, how sued and recovet^ed 258
Commissioner appointed by congress to settle ac-
counts, empowered to call and examme wineeses 400
Constitution of, adopted b> the state amendmeniS
thereto 460, 4Ii, ii. So, 209
£te(fiion of representatives to congress 192
Efeflors of the President and Vice Presi-
dent" ri.212
Lands ceded to them at Occacock, Beacon Island, Cape
Hatteras and Smithville 454, ii. 52, 106, 1»8, 149
At Shell Castle ii 56
Stare officers' right of serving process, there preserved ii 5i, 56
Officers of the United States forbidden from afting in
any slate office ii. 27, 87
Proviso, in favour of Senators and Representatives ii, 47,87
University.-
Establishment of it, trustees, their authority, &:. 472
Funds for its support , 474
Certain lands granted to, the aS s'u^ended and after-
wards repsaled ii. 54, 133, 1501
^Treasurer's presence in the board, dispensed with ii. 128
Money no longer to be paid into the State treasury ii. 4»
Trustees' appointment not confined to particular dis-
trias ii. 128
Gaming tables in the neighbourhood of j prohibited ii. 67
Usury*
iTo person to take more than 6 fet cent, penalty ; bonds
&c. void 51
VagrantSi
Loose, disorderly persons, drinking with slaves at
night, iow proceeded against 36
But part of this is repealed H. 43
Idle persons, withoutvisible means of subsistence, try-
ing to maintain themselves by gaming how proceed-
ed against 365
Penalty for harbouring such 366
Orphan child not to be concealed or harboured witli-
out the consent of a justice tt/,
, Vice and Immorality ,i
Penalty for swearing, getting drunk, or committing
fomisation 53, rt Uq,
Clergyman gufityof any sucK offences farther punish-
able id-
Power of Justices to determine an aA to be read in
churches ..^ W,
Proceedings in cases of bastards ^ id.
See Sundays
Virginia.
See Boundary.
Wardens of the Poor,
£!«^on of, in case of vMiacieSi prgyided foe ii. iS
Empowered to lay a tax ,
To render and publish their accounts, and settle with theur
successors ii. 24., MW
Their duty with regard to lunerannuated slaves ii. 120
See Overfeers of the Poor.
Weights and Measures.
What kind used, standard ones procured, standard
keeper, his oath and duty 55
Weights and measures to be stamped, penalty for buy
iifig and stealing with unstamped ones «/,
Whitney and Miller^
^ax l^d to purchase their patent right ; how colleAed;
Sheriff's duty ii. 199
Widow.'
Of intestate to take possession of the estate, aitd be al-'
lowed a certain quantity of provisions. ii. 99
Power and duty oi the jury, when she dissents from her
husband's will ij. 13
How she may recover her share from executors and lega-
tees id.
Liable to refundasalegatee j^.
See Defceni,
Wills.
ftequisftei to make a good will of lands SSi, 378
How a written will may be revoked id
What, a good nuncnpative will, how it is to be proved id.
Made abroad, copies of , when evidence ii. 202
See Donvery Executors and Admini/lratorSy Intejlates
EJiatey Probate oi Wills and granting Letters of Ad"
miniliration.
Witnesses.
Subpoenas how served and returned iT6, iVf
Penalty for not attendmg or refusing to testify id. 33*
How proceeded on in such cases id.
Exempted from arrest ; process served on them void 217
To be paid by the party cast and the sum charged in the
billcfaosts 333
No more witnesses that two, to a single fail, paid for 2i7, td.
Their claim how ascertained ; perjury thereon 216, id.
In criminal cases paid as in civil
Persons of mixed blood and negroes when incompetent »!/
Commissions to take testimonies 216, ii. 280, 2iS
Their pay, how ascertained and procured^ ii, 93, 94, i99
For th« State, by whom and how paid ii. 155
Relieved from forfeiture, discharged of cost, ii, 138, 181
Wood^
To be sold by tlie cord,- in certain towns, penalty 364
Woods^
Regulations as to firing woods, penalty for a breach of them 24*5
Wouiided in the War,
A(S relating to them, repealed ; reli<^f pointed out ii< 19
Wrecks.
CoQunissioners of, to be appointed in certain counties ;
their bond, doty and power ii. 183, 184
Their oath and allowance ii. 18J
Persons finding stranded proj^rty, duty of; stealing it
how punished ii, I84,n^
Writs of Error.
Granted in the Superior Court, previous requisities 2l7
Allowed by the County Courts previous requisites 223
Duty of the CkiJiS of the Superior and Count; Coar»
_ thereon 224
Transcript emicd up ! conitquence of fajlmre 223,234 Execution without »^<>«fsffn«f# 2'-
Judgment, whai U 5h«U bo 217,224 Limitation of ii. U
Writ not to be dismissed for want of form 2-4.
W( are depti<ed of tbepkdaure of fnibluhing the list of our ^ubserihert^ having been mabk to treiure returns froni tie gettjtlettienf i\
wbtx bandtsubtcrtptioupapert vxre (od^ed^ exctptfron^ fAf ffwif'w °fSerti(, ChcKian, Wah, ml Pitt,
ERRATA,
Page. Page-
6,Mm'gitt,/or\'rBi,l,2, read i,17&i,l. 2,1784,2. 46 ^1/83, read 1789,
15, 1782, 14, 1, ]784. 14, SO. 1796. 20, 1796, 21,
19, «. 26, ^. 28, 79, 1778, 6, 1798, 6.
20, 1793, 3, 1793, 30, 80, 1786, 7, 1796, 7,
3798, 79, 1798, 89, 88, I74I. 29, I74I, 24,
26. 1715, 28, 1715, 48, ' 99, ck 31, 30,
28, 1781, 32, 1788, 32, 100, 32, 31,
30, dele 2, 1777, 2, 106, 1801,21. 1801,2,
33, /or 2, 1777, 30, 32, 2,1777,31,32, 126, ante p. 23, ataep.77,
dele 1779, 6, 133, 1800, 2, 1801, 1.
42, /.r 1792, 32, 1792, 3, 202, 1789, 49, 1789. 59,
46, p. 17, 27, 1783, 3, 17 S J, 20,
pHge 34, after the l\tS line, add,
1 V. Ana be it further enacted. That from and after the next coiut to be held for the county of Robeson, the said courts shall be
>!eid on the following days to wit, the first Mondays hi April, July, October and Jarsuary ; and that every process returnable to
the said court, shall be on the days by this ait appointed ; and all causes depending in the said court shall stand continued to the
same days ; any law or usage to the contrary notwithstanding.
Ch. 69 An act to authorise 7 homas Neale and yohn Hall, Esquires, aeairittes ofyosiah Richardson, deceased, late Sheriff of Bruns'
•wick county, tn collect the tax due from certain persons in said county ; and to empovser Sheriffs and collectors of public taxes, to distrain
for the same after such taxes become due.
[Tie follcnaing only necessary to be inserted."] ,
II. And whereas doubts have arisen, whethfei Sheriffs, their deputies, or coUeflors of taxes, have power to distrain after the
time for which they were appointed is expired : Be it therefore enacted by the auibortty aforesaid. That all persons who have with-
in three years heretofore been authorised to receive public taxes, and who have failed to colleft the full amotmt for which they are
acountable ; and ail persons who hereafter may be authorised to receive public taxes, be, and they are hereoy severally empow-
ered to coileift, and distrain for the same, in as full and ample a manner as they could have dons when the said taxes became due;
provided that they, and each of them, co left or distrain for the same wi'hin one year after the passing of this aft, or within one
j^ear after such Sheriff or Colle<Jlor is accountable for said taxes ; and provided further, that nothing herein contained shall be con-
strued tio prevent the Treasurer recovering against Sheriff's for taxes, or the Shetiffs agamst Collectors, withio the time heretofore-
appointed by law.
rit}^t 69, at the foot add.
Read three times, and ratified in General Assembly, the 7ih day of February, Anrio Dtti. 1795.
Wm. Lenoir, s. s.
T. Bloodworth, s. h. c.
Page 204, after thef 40th line add.
Ch. 67. An act for running and ascertaining the bouHilary line lettxeeH the counties of Montgomery and Cabirrus.
WHEREAS it is made appear that the dividing line has ntver been run or ascertained between said counties, and the citizens
thereof may sustain considerable injury thereby; for remedy whereof,
Be it enacted by the General Assembly qftbi State of North-Carolina, and it is hereby enacted by the authority of the same, That the
bounty surveyors of Montgomery and Cabarrus, shall previous to the first day of April next, run and mark said line, beginning at
Eonl Carteret's line, six milts north east from Captain Charles Hart's plantation onBuffaloe Creek, and to run from thence to the
ihouth of Clear Creek, which empties itself into Rocky River, below Captain Adam Alexander's.
II. And be it further enacted, That if any dispute should arise between the said surveyors in the beginning, running and marking
said line, then and in that case they shall choose one Commissioner from each county, to a<ft with them in running, marking and
adjusting said line ; and for their services shall receive twenty shillings each per day, to be pa'd by said counties in equal proportion ,•
tJhc said line when run and marked, shall be entered on the records of said county : Provided, That said line is run agreeable to an
aiSl for dividing the county of Anson and Mecklenburg, passed in the year one thousand seven hundred and sixty-two, and the
Mid line when run, adjusted and agreed on^ is hereby declared the boundary and dividing line of said counties,
BOOKS
Printed andjor sale at this Office,
LAW.
Martin's Juftice, 1ft. Ed. 1791 Svo.
2d. do, ISO* do.
CoUeftion of the Statutes 4:lo.
Private Adls do.
on Executors 8vo,
Office of a Juftice in civil cafes, 12wi>.
Latche's reports Uvj.
Taylor's do. do.
Toller on Executors do.
Evans' Effays do.
NOVELS.
Adelaide de Sancerre 12/7M.
Stephanie de Bourbon do.
Lord Rivers do.
Female Foundling do.
Jenny do.
Caftle Rack Rent do.
Xhe Hiftory of Louifiana do,
fin the Prefs.)
THE
OF THE
(J^NERAL ASSEMBLY
NORTH - CAROLINA.
Vol.. I.
Revired under the Authority of the Legiflaturei
By the Hon, J, Iredell, Efq ; then one of the Aflbciate Juftices of the Supreme Court of the U. S.
And now revifed by
FRANC01S.2r. MARTIN,
D E L A V A L,
A Novel.
The RURAL PHILOSOPHER,
A Poem,
iqaMMgW -MMMMIMMM
P E N D I
[ambs Tpr-
At a GENERAL ASSFMBLY, begun and held at Raleigh, on the Nine- J^— ..»
teenth Day of November, m the Year of our Lord One Thousand Light Tnili^'* '^^"
Hundred and Four, and in the twenty-ninth Year of the Independence of
the said btate.
An aS to confirm a revifal of certain oBs tifJiJemlly. CHab. 1.
'HEREAS the General Aflembly ot this State, at their lad feifion, pafied a refolution in the
following words : " Refolvedj that Francis Xavier Martin eoUeft and revile the pu'olic ack»
pafled fince the pubhcation of Judge Iredell's Revifil, to the end of the prefent feihon, inclufivev.
which faid Revifal fliall conne£t the a£ls pafled fince Judge Iredell's, by notes and remarks, advtiting
to fuch as appear to have been virtually repealed, and retaining fuchas are not exprefsly to, and caule
his faid Revifal to be printed." And -whereas in purfuance of faid refolution, the faid Francis Xavier
Martin has coUeded and revifed tl'.e faid a£ts, caufed them to be printed, and his Revifal has been fub-
mitted to, and examined by, a committee of this General Aflembly, and found correft,
BEitena^ed by the General AJfembly of the State of North-Carolinat and it is hereby enaSed by the authority Rfvifal appr»-
<>f the fame f That the faid Revifal be and is hereby approved. '^
An aSl to raife a revenue for the payment of the Civil Lid and contingent Charger of Governntentf for the chap. 2.
year one thoufand eight hundred andfiiK,
lE it enaBed by the General Affembly vf the Hate of North Carolina^ and it is hereby enaBedby the authcri'
ty tfthefame^ That for the year one thoufand eight hundred and five, a tax of eight pence on The tax on
every hundred acres of land within this date, and a tax of two (hillings on every hundred pounds value land, town
ef town lots with their improvements, and a tax of two (hillings on every poll, (hall be levied, colle£led lo"»a"d polls.
and accounted for in the fame manner as fuch taxes hath heretofore been levied, colle^led and accoun-
ted for.
II. And be it further enaBedt That a tax on' all ftud horfes-and jack-afTes within this State, of the full stud H.mes
fum which the owner or keeper of fuch ftud-horfe or jack-afs(hall alk, demand or receive for the feafon and jackasses.
of one mare, (hall be levied and coUeded as above.
III. And be it further enaBed, That all free males, between the ages of twenty -one years and fifty, who are siA-
and ail flaves between the ages of twelve and fifty years, (hall be lubjrft to a poll tax. je<a to tax.
IV. And be it further enaBed, That each and every perfon who (hall hereafter peddle or hawk goods pedlars liccR-
in any of the counties of this State, (hall firft obtain a licence from the clerk of fome county in this see.
State, under his feal of odice ; and the perfon fo peddling and hawking, (hall pay to the clerk before
obtaining fuch licence, the fum of ten pounds, to the ufe of the State, to be accounted for by the clerk
in the lame manner as tax fees are accounted for ; and any licence fo obtained, (hall authorize faid ped-
lar to peddle and hawk goods in any and every county in the State, for the term of one year; and if any
perfon (hall peddle or hawk goods in any county of this State, without licence, he (hall forfeit and pay
.the fum of twenty pounds to be recovered by the (herifFor any other perfon of the county in which he
fliall fo peddle, before any juftice of the peace, in the name of the Governor, one half to the ufe of faid
{herifFor other perfon, and the ether half to the ufe of the State.
V. And be it further tna^ed. That all merchants, either wholefalc or retail, (hall pay a tax of fifty ^^^ ^^ j^^^,
fliillings on each and every ftore in this State, at which they (hall fell any goods, wares or merchandize ; chants.
and all merchants or owners of ftores, as aforefaid, ftiall give in his, her or their (lore or ftores» as tlie
s L
•^28 ISOk
Persons 's.ir.j
fng E^oodsio
f/.ay the tax.
SV.eiiff'a duty
No sAikJiig
tunc! tax.
feife m ;y hz witli thi llfl oF t"heir lasaVte prcpertj", under tlie Tarae rults ancf rcgillations ihzt ofer tax-
able property 13 givea in ; which faid tax (hall be levied, coUccted aad accouiKtd foi in the fun-c ir.aa-
ner as other taxes.
VI. And be it further ataSied, That every perfon who fiiall coir.e into this Statecn board my v j^c-1 \yit.h
gooda and merchandize on board thereof, which fliall not be fubjecl to the paynitrit of duties inipokil
by the laws of the United State?, and break bulk or retail the faid goods ct rnerc:vLndi~e, fliall pay ht'ty
(hillings, to be colleQed by the fh^viffcf the county wherein fuch vellel maytre anchored, jirjd by hii:i
accounted for in the fume manner as other taxet are by this a£t directed.
VII. And be -it further cn.iriedy That the fherifls of the fevcral counties of the St^te fhall be, and are
hereby authorized and direfted to colle£lthe taxes herein impofed on vefHjla arriving in any of the ports
of this State, as fonn a-s the faid veflel fhall break baik for the purpofe of vending goods thcvoout ; and
the faid flieriff fnall alio imi-ncdiately projeed to colle£t the tax on all (lores by this a£l direcVid, fioin all
perfons who ftall or may be conGdered as tranfient merchants.
VIII. And be it further enaSied.^ That no finking fund tax IhaH be coUeded for the yoar aae thcufand
■ieiglit hundred and five.
The duty of
the Sheriffs.
What to be
done on nor
attendanc:
^HAP. S, ^naBtoamend'anaEi,enth!ed'^AnaSfdireEtingthemanri:rcfcppointtng EleBors to vote for ^ Prefident
Ai.:e, p. 212. and Vice -Prefident onhe United States t' paffid at the lak sejfion nf the General Ajfeir.bly,
HEREAS no provifion is made in faid adl for receiving the voles given in any particular coun-
ty of the eleftion diftridts therein eftablilhed, in cafe the (heriff of fuch county, by reafon of
'iicknefs or other unavoidable accident, fhculd be unable to attend on the day and at tho place appointed
■for comparing the polls of his election diftri<!!l, and whereas the penalty impofed on the flierifFs of the
feverai counties failing to attftnd at the feveral places appointed, is not fufficieat to infure their faithful
and punft'ual attendance £ For remedy whereof,
Beit efiaBed by the General Affembly of the State cf North. Car ^lina^ and it is hereby enaBed by the auihori'
ty 0, the fame y That it fhall be the duty of the fheriffs of the counties compofing the feveral election dtf.
trifts, by faid above recited adt eftablilhed, to meet at ten o'clock of the day at the places appointed for
their meeting in their refpedlrve diftridls ; and in cafe all of the (heritFs fhall not appear, it fliall be the
duty of thole who do attend, at the hour appointed, to fend an exprels or exprefTes for the flieriff or
fheriffs who fliall fail to attend as aforefaid, for the purpofe of procuring his or their attendance with
a lift of the poll or polls, in order that the fame may be added to and compared with the other polls of
the diftjrid. And the expence of fuch exprefs or exprefles fhall be paid by the fheriffs who fhall fail
to appear, unlefs he or they fhall declare on oath, that he was prevented from attending by reafon of'
ficknefs occuring on the road, or immediately at the time of leaving home \ in which cafe, the expen-
fes and charges of fuch exprefs or exprefles (hall be paid i>y the Public Treafurer. That if the (heriffs
failing to attend at the hour of ten o'clock as herein direfted, fhall not appear by fiin fecof the fame day,
the fheriffs attending fhall proceed to compare, by comparifon and addition, the polls of their feveral
counties, and each of them (hall take a lift of the number of votes given for the feveral candidates for
whom votes fhall appear to have been given in any of their refpe<i^ive counties ; after which, they (hail
adjourn from day to day for the purpofe of receiving the polls of the abfent (herifFs, until fun-fet of the
Thurfday following the day appoint-ed for their meeting-; at which time, or at any time previous,
if all the (heriffs (hall attend, they (hall proceed to make out the certificate for the perfon
appearing to have the greateft number of votes, as directed by the aft herein before recited, adding
the polls returned by any (heriff who (hall not have been prefent at the firfl; addition and comparifon,
and pur(uing in all other refpe£ts the directions of faid aft.
II. And he it further enaSIeiy that in cafe any (herifffhall fail tcattend at (he hour often o'clock of the
Saoi-' penalty, day at the place appointed for his attendance in his eleftion diftrift, he (hall forfeit and pay the fura
oi five hundred pounds, to be fued for and recovered by the Attorney or Solicitor- General, in the name
of the Governor, in an aft ion of debt in the fuperior court of the diftrift in which fuch delinquent fli«*
4tifFihaU refide i mA the fame, yrhen received, (hall be ^pj^lied to and fox the ufe of the State*
is AT! to c^p'jlnl ,ini cihpiftbif d'imnt'ffnners ic contraTr 'it'llh any pi^-h-m^ p^rsiH. ft^ ^h pu 'i>Hf"o'f tpyiiig l'^f)\. 22y
and est^'nifljing a ri/ynbike Road i^ pan fhr-r:/?': pa'-'t o; the territory bthngiti:' to the Lhnakjd lid'hiu. l-<«»^-*^
BE it enacied by the General A^ffeinbly .?/" Kirth c irdir. ;, and it is htrehy e-^acfeih', the huihr.it y oj th^ f.iiw.^ -caAP. t.
Thai fro. li and after the palHng of thii aft, John Forgiu, Johii "Ve'cii, JAavcs M-l-lee, JaluvM'Far- .. omm »s:o«-
laucl, Hugh Davldfon, John Stevenibn and Thofmas i-0V3j be, anJ they ar;e here-'jy appointed com- ''s-
miiiioners, or a majority of them, to mark and 1-iy cffa road from the Jine that divides this btatefro n
ihe State of TenneU'ee, by au eftimation about fourteen Kiles, to whore the fame (h CA iateriecl: with a
road laid off by order of the comUy court of Buncombe, leadinj^ to Scoti's Cieek.
II. /!nd be it j'.irther tnacied. That the faid commiiTioiipr?, or a majority of them, flwd have full pow- i: v.py.ve.-.-i-^c.
■and authority to contvacl with any perfon or perfons for the purpofe of .opening and keeping tlie faid tJii.rac.
Toad in repivir, by the way of a turnpike, not exceeding hflecn yearr.
III. And be it tu;-ther enaSied, That whenever rfic undertaker cr undsrtalters of faid road ftiall h.n'e '^atcs to be
compieted their contract, to the TatisfacliaR of the aforefaid com.millloners, or a majority of them, that n«ti t>y Bui.
the tirli: court which fl-ia!] thereafrer happen in the coKnty of Buncombe, that a majority of the acting coun!^'^°
juftices of the county court of aforefaid, or any fcven of them, fhalJ proceed to rate the different t-oHs of
laid turnpike, and fuch toll, then rated, fnall Le permanent duruig the faid term of fifteen years, en- L^'dertiker to
tered into by the faid undertaker or undertakers with the commililoners aforefaid, or a majority thereof, ^'c ""f ""^ "l^"^^
IV. And be it further enacledy That the aforefaid i:nder4aker or undertakers ihall be under the direc-
tions of the ccuoty court aforefaid, as in cafe of overfeers of public roxids,
V. And belt Jurther enaSiedy That if in cafe any perfon or perfons at any time {lieuld forcibly break Pen. for
■through or round thefvud turnpike, fo avoid payment of fuch toil or toll?, they (hall forfeit the fum >"" paynsut
of forty (hillings, recoverable before any jullice of the peace in and for the county aforesaid, to the ''' ''*'^^'
ufe of faid owner or owners.
VI. And be it fwther enabled, That if any perfon or perfons falling of timber, or putting in other
obflru£lions in the faid road, or cutting paths or ways round the turnpike aforefaid, leading the fame
into the faid road, as might tend to the damage of faid underta ,er or undextakers, (hall forfeit and pay oSstnxting.
the fum of ftve pounds, recoverable before any juftice of the peace of the county aforefaid, and applied the road,
as the above mentioned fines.
.^n oBto amend and repeal in party an aSf paffed in the year one thntfand Jeven hundred and eighty nine, -„._ q
entitled '* &n a6l to eliahlilh an Univerjity in this /late.'* ' ^
WHEREAS by the Gxth fetlion of the before recited ad, the board of Truftees of the Univerfity Vo.l. 4T^^
are vefted with the /ower of filling up any vacancy or vacancies which may happen in that body *°^^'2*
by the death, refufal to adljrefignation or removal out of the State, of any of the Truftees for the time be-
ing, or reappoint new Truftees when a majority or any fifteen members of the board, may think proper.
Jnd ivhereas it would tend to render the inftitution iKore conformable to the wifhes of the people, if
the power of fiHin-g up fuch vacancy or vacancies and making i\xGh new appointment or appointments,
ihould be -vefted in the Legiflature.
Se tt therefore enabled by the General AJfemhly of the State of North' Carolina, and it is hereby enaSed by g
4he authority of the fame. That the faid fixth fedtion of the before recited a£t be, and the fame is hereby repealed.
^repealed and made void.
II. And be it further enaSied, That whenever any vacancy or vacancies as aforefaid fhall happen, that ^vhen
the General Aflembly (hall proceed to eleft a proper and fuitable perfon or perfons to fill the fame by cies happen '
joint ballot of both Houfes, and it fhall be thedutyofthefecretary of the board of Truftees, to make known G. Assembly
to the General Afiembly at each annual ieffion fuch vacancies as may happen during their recefs. to supply
III. Be it further enaSfed, That the General Aflembly (hall, whenever they deem it expedient for the ^'"'
intereft of the faid inftitution, appoint as aforefaid, any additional^Truftees which they {hall think pro-
per: Provided always, that the number of Iruftees fhall at no time exceed eight in each fuperior court New Trustees.
diftrid, any law to the contrary notwithftanding.
IV. Be it further ettj^ed. That this law fhall take efFeft from and after the ratification thereof.
jin A£i giving further time for regiffering grants, proving deeds and mesne conveyances.
BE it enoBed by the General AJfembly oi the State of North-Carolina, and it is hereby ena&edhy the au- CflAP. €,
ibirityfthi (amey That all grants for lands entered under the prefeat Government, all deeds, mefne Ante, p, io2j
£50 1 BOt. conveyances cl lan.'.s, tenements and hereditaments, not already proved and regiftcred, (hall aad may
i^^f^-'^j within two yeais after the pafling of this at\, be admitted to regiftration under the fame rules and re-
Time tAund- flndiicns as heretofore appointed by law; and faid grants, deed, mefne conveyances of lands, tene--
^'^' ments of hereditaments, (hall be as gccd and valid, as if they Jiad been regiitered, wilhin the time
heretofoie allowed by law,- any law, uiace or cullom to the contrary notwithftanding.
CHAP. 4. An Ail to revh'C^ emend ar.d ccr.Umie in fcrcty certain oUsfer ceiivgte the \JnitedZtaUs the lanis therein
y\nie,n. 52. meiiticttcd,
ie. li.c, "^^ 7 HERE AS the times limited by the a6ts of one thoufand feven handred and ninety four, and one
^■'^- vV thoufand feven hundred ani iiiiitty-erghc, for erecting Fortifications on the lands thereby ced-
ed, areexphed; and the General Governinenc is proceeding without delay, to finifh a Fort on Cape
i'cjr River, upon the public gi-ound laid oil a Jree^tbly ta law, by the Convnviiftoners of Smithville ,
Ground csJeil- U E it efiai^tedb^ tbt Gsneral Ajjiinbl) of the & ate if Kortb'Carolina,anditis hereby enaSfedbvthe auihciity of
the seme. That the groiand lo laia off by the faid CoininilTionera, fliall continue to be, and the fame is here-
by ceded to the United Scates c-f America, with the exclufive jurifdidlion, except as is herein afterexcept-
ed, of what is occupied by the Fort and works, upon condition that the Fort now building fliall
be compleated on or before the Erft day of January, one thoufand eight hundred and fix.
And whereas alfo, it is expedient that the Government of the Uniteti States fiiould be encouraged
to fortify the ports or harbours of this State, at the general expence :
II. Be it further enaBed, That in eafe of purchafe from a citizen or citizens thereof by the National
Government, of any points, head lands or iftands, which may be deemed necelTary for the defence of
of any River or Harbour in the State, that the faids points, head lands or iflands with the excluuve ju-
chases ceded rlfdi^iion thereof, except as is hereinafter excepted be, and the fame is or are hereby ceded to the
toibe LT, United States of America, on condition that fortifications be ere£led on fuch places, within three
States. years from the time of the purchafe, and be continued and kept up forever thereafter, for the public
ufe and defeitce ; and that the quantity of ground in each cafe fhall not exceed five acres.
State process III. And be it further enaSied, That no cefhon herein made ihall be fo conftrued as to prevent any
may be served, officer of the State from ferving procels or levying executions agreeably to the laws thereof, within the
limits ceded by, or in purfuance of this a£t, to the United States in the fame manner, and to the fame
effeft, as if the fame was never pafTed,
Former acts ^^- -^"^ I" '' further enaBed, That all acSts and ckufes of a£ls coming within the meaning and pur-
repealed, view of this aft, or contrary thereto* fhali be and the fame are hereby repealed and declared void.
CHAP. 8. -^^ ^^ '' amend an a^y paffed at Raleigh, one thoufand eight hundred and three i t» rai/e the jfurifdiBion ef
Ame,p. sV. . aftnglejujiice of the Peace out of court.
irj E // enabled hy the General .fffemhly of the State of North Carolina^ and it is hereby enaSted hy the author-
Jj ity of thejame, That from and after the paffing of this a£l:» that if any perfon, under any pretence
3Sfo suit to be whatever, (hall bring a fuit in any of the courts of this State, for any fum under thirty pounds, which
brought under is cognizable before a fingle Juftice, unlefs the principal and intereft (hall exceed the fum of thirty
iC'-SO. pounds, that this aft may plead in abatement thereof; any law ufage or cuftom to the contrary not->
withflanding.
U. jgnd be it further maSied, That the Conftables who hereafter may be appointed, (hall give bond
bond. ^^^ fecurity in the fum of five hundred pounds under the fame rules, regulations and reftriftions as are
Vo. 1. 419, already provided by law.
chap; 9. -^^ ^^ ^° repeal part of the fourteenth clauje orfeSlion of an aS, entitled «' /« r <?7 to remedy certain inconvenien-
Ante^ \\ 91. "^^ °^ifi"g under the prefent land lanvt" paffed at the fejfton of the General ff^mhy begui ana held on ihe
iiuenty.fijth di.y of November, one thousandfeven hundrea and ninety fix.
BE it enacted b\ the General Affimbly oj the State of North Carctina, d it is herebv ena&ed hy the author'
ity oJ thejamci That that part of the faid fourteenth claufe or feftion which relates to the perfeft-
i4ih sect- ing titles on entries afterwards to be made, to wit, « And in all cafes of entries which may be hereat-
lepealei, ter made, it (hall be the duty of the claimant or owner, furveying the fame as aforefaid, to complete his
title by taking out a grant for the fame or fo much thereof as may be found to be vacant land, within twa
years uoni the dale of luch entry, otherwife fuch entry and claim fliall then become utterly null and
void, fo far as relates to the property In the fa'td land, and the lands included therein fliall be held and 1804. 231
<1etm?d vacant land to all iiitenr'5 and pi'rpofes, as fully as if fuch entry had never been made," be, ;.*i<-v"0
and die fame is hereby repealed and made void.
II. And be it further enaded^ That this act lliall take effect from the ratification thereof. When to take
effca.
4n r.f1 fo revise and continue in force, the a3s and clauses of aBt heretoforx pvjjedy declaring certain entries cMAP. 10.
liipi'd, i.otivithllanHug ihf putihafe money miy have been paid, in cafe they are not furvtyed an J returned Amcp. 107
into thi Sccreta-y s O^ce withir, a iimiied time. 170, 197-
"l^jE ti ftticfcd hy the Gene al Alpm!)lyjof ths State oj North-Ca-olina and it is hereby enaBed by the authority Time extended
_£_! e/ the a ne, That all bona fide entries of lands in this State, which have been paid for as by lav
directed, Ir.ali Irave uniil the firft day of Oiftober, one thoufand eight hundred and eight, to make iur-
vt?ys and rc.urn tres-n into the Se'.rotary's O.TiCe.
'I. ihid'l-i it -// ihcr cnaiieci i'_y the authority ato/tjaid^ That this atl fhail be in full force from ihe ra- ''>pn to t^ke
tiluo'.ion thervof. ' '^'^"•^'•
Jri a5I giving furiher fime to pay the pu -chafe money to the Sfate on ihe entri's of land therein mentioned, and CHA?. f I.
Ji^'iig tht tunes nci^hin which the purchcije mon.y on all c/itries "x-hich JfjcJl be made ajter the Jirii day of '^ "'^ r*- 'Jl
Ja:,uaryf one thoutund eight hundred and five, Ihall be paid into the pubiictreafuiv. ^''"' ~^''
T^.liit cnar:ed b'jthe General /:[ftmbiy cj the SUite cf North Carolina, and it is hereby enatledhy the au'.hcri-
^- .^ 'V i^J the jr.me, fiist all petfons who have made entries of claim for lands with rny of the entry-
■" takers in this S.a'-c, in the yeais one tliouTaud eight hundred, one thoufand eight hundred and one, o.ie
thoufand 'tight huiidred .md two, and one ihouf iid eight hundred and three, and have not paid for the P'-chaserm,
fame, fnai! have until the reeling of the next General Alfenbly to pay the purchale money into the "*" '^'.'''^'^ «■"-
tre^.fury of the ftate; and all entries of claim for lands made in the laid yejrs. which (ha 1 not be paid !o')803°'^v tie
for on or before that day, fiiall lapfe and revert to the ftate; and the lands fo entered and not paid for, lo be paid,
as aforefaid, fhall thenceforward be held vacant and unappropriated lands.
II rind be it ju^ther enaBed, That all perions who have made, or flsall make entries of claim for lands Ertries rrade-
with any of the entry-takers cf this State, in the prefent year, that is to fay, in the year one th ufaud !g-j!'^^^*'
efght hundred and four, and fhall not fooner pay for the lame, fhall have until the fecond day of the
nuetingof the General AfTembly in the year one thoufand eight hundred and fix, to pay the purv-hafe
Fnoney into the treafury of the State ; and all entries oi claim for lands made in the laid year, which
fliall not be paid for on or before that day, iliall lapfe ; and the lands fo entered, and not paid ior,
fiiall revert to the bta'e, and (hall thenceforward be held vacant and unappropriated.
III. And be it further enaSIed, That for all entries of claim for lands which may be made tvith any En'r'es made
of the entry- takers in this State, from and including the firft day of January, one thoufand eight hun- ^i-om :st Jm,
died and five, to and including the firft day of December next following, the entries (hall have until ^^^^^ to ill
the firft day ©f November, which ihall happen in Uie year oiie thoufand eight hundred and feven, to ' ^'^'
fay the purchafe money info the public treafury.
IV. .nnd be it further evaded by the authority aforejaid. That the fixed and ftand'ng law in future fhall Time fixed ia
be, that all entries of land made in the courfe of anyone year, (hall, in every event, be paid for on oi f^'ut*.
before the firft day of November, which (hall happen in the fecond year thereafter ; otherwife all en-
tries of claim for lands fo ma«.p, as aforefaid, and not pai.^ for on or Defore the fi ft day of .'^ovember,
which fhatl happen in the fecond year after making tlie fame, fhall lapfe and the lands fo entered fhall
revert to the State, and ihall be free, as Ihall all other entries wliich become lapfed by and under this
act, for any perfon or perfoas to enter as vacant and unappropriated, any law to the contrary notwith*
(landing.
jin ail to amend an aff, enilt^^d ** An zQ. appointing CommifTioners to extend the boundary line of this c^ap. 12.
S'lte, and the Sute of South Carolina," pajldat Raleigh^ in the year one thoufand eight hundred and Ante p. Ji4-
tkrte
II E it tnaBed hv the General .^ffcmbly of the Hate of North Carolina, and it is hereby ena&ed dy the avri-ori.
3 /} «/ the j.me \ h,i( frOiH and after the p fijng of this i(X the Governor for the ame be.ng, ana I- is CM-o-nor to
luccefl'or, ftiall be and he is hereby vetted with lull power and s»uthority to eater into any compac); or tr.aiwuhS,
3 M
232 1S04. agreement, that he may deem moft advlfeable for the intereil of this State, with the Legiflatlve, or Ei-
ixi^vvj ecuti/e powers of the States of South-Carolina and Georgia, relative to the eftablithing permaaently,
Car. and Geor- the boundary, line between this State and the faid States of South Carohna and Georgia, and for the ex-
gia- tenfion of the fame : Provided mvertheiefs^ that nothing herein contained (hall be fo conftrued as to af-
fe£l any part or claufe of the above recited a(^.
13 -^^ '^''^ ^^ amend an act, entitled " An a£l empowering the County Court of Pleas and Quarter- Seflions
V 1 1* 49l' ^o diiefil-the Secreiary of State to correct certain patents or t^ranis therein delcribcd, when there
Ai.tep,125. have been errors, by the Surveyor in t!\e >efurns, or by the Secretiry in iffuingihe fame "
'HEFEAS doubts have arifen whether from the wording of the faid adt, the benefits therein
given can be extended to any other perfons than the patentee or claimant in whole name grants
are or have been iffued,
Be it therefore enabled bv the General AJemhl'j of the State of North, Carolina, and it is hereby enaBedby the
Benefits gr»n. authority of the fame. That the benefits granted by faid a£t to the patentees of Jand, (hall be extended
ted by said afl jn ^11 cafes to every perfon claiming by, from or under their grant or grants, either by defcent, devife
exiended. ^^ purchafe.
Errors tobe re- H- And he it further enaSied, That when any error is ordered to be reftified, and the fame has been
corded. . carried through from the grant into the mefne conveyances, the court making fnch order, fhall diredl
that a copy thereof be recorded in the regifler s books of the county, for which fervice Jie regifter may
demand and receive the fum of two fhilUngs.
CHAP. 14. An act to amend an act passed by the last General Assembly ^ entitled " \n afil for enablilhing aMu'ual Infii-
Ante p. 210. runoe ^r.cieiv i.^a.^""' fie "n buiUmg", yoods ■. c] fii ,i uie in this Suue."
WHEREAS doubts have arifen in the minds of fonie per'^ons jvhether it was the intention of the
Legiflature in the above recited act, to fix the board of diredlion of the faid Mutual Infurance
Society in the city of Raleigh, notwithftanding by the a6t aforefaid provifion is made for holding the
general meetings of faid Society in faid city, and all fuits againft faid Society are required to be brought
in the county court of Wake, and the Mutual Infurance Plan being intenoe i for the equal convenience
of the State at large, it is requifue that the concerns of the Society be managed at the feat of govern-
ment, which is mofl central and convenient.
Be it therefore en.iBed by the General AJfembly of the St te of North' Carolina, andil is hereby enaBed by
Board to be in the authority of the same^ That the board of diredion of the aforefaid Society (hall be held in the city
Raleigh. of Raleigh, in which pl.ice fhall be kept the offices of the principal agent and cathier general, arjd in
and near which fhall refide the aforefaid officers and the prefident and a m^ijority of the (^ireftors.
And whereas doubts are entertained, whether the property infured according to the direftion of the a£t
aforefaid will remain as a pledge and fecurity for the payment of any quota, demanded after the infured
has withdrawn Ws infurance, or whether any member pt faid fpcieiy his the privilege ©f withdrawing
therefrom.
Members may II. Be it therefore enaBed, That any member of faid Infurance Society may withdraw his infurance,
withdraw, gj ^j^y jjj^g j^fjgj jj^g payment of his premiu.n, and fuch quota or qaotas as may of right be demandable
of him at the time of delivering his declaration to withdraw : Provided, fuch declaration be in writing
f and figned by the party fo declaring and acknowledged by him before fome juftice of the peace of this
State, with the certificate of faid juftice that tne fame was duly acknowledged before him by the per-
fon whofe fignature appears thereto ; which declaration fhall be delivered to the board of dire£tors, and
by them received as evidence of fuch withdrawing, and fhall difcharge fuch member and his infured
property as mentioned in faid declaration from all further pledge and liability : Provided however, fuch
infured property fhall be confidered and remain liable as a pledge and fecurity for the payment of any
quota which (nay at any time be impofed for the retribution of a lofs or lolTes fuftaine^ previous to luch
difcharge.
elk AT. 15. -^» ^<3 te cede to the United States thejufifdiBion tf the land therein mentioned^
WHEREAS the Congrefs of the United States, at their lafl feCTion, pafTed an aft providing among
other things, for the eredion of a light-houfe on or near the pitch of Cape Look-ou^, in this
State, and it is expedient that the United States ftiould have exclulire jurifdl(^ion of the land whereoa IH0\.- 233
the fame is to Hand. U.-'-voJ
BE it en :dsdb^ the General A/femhly of the State of Sorth-Carolinay and i^is hereby enailid bv the authority of JmisdiiUon ce-
' the lame ^ That the cxclufivejurifdittion of four acres of land lying near the pitch of Cape Look out, in c-ed.
the counry of drteret, in this ftate, beginning at a cedar and running nort h eighty three degrees, eaft
twenty nve poles and four tenths of a pole to a live oak, then fouih feven degrees ea(t twenty five poles
and four tenths of a pole co a poft, then fouth eighty three degrees, well twenty live poles and four
tenths of a pole to a poft, and thence to the beginning, (hall be, and is hereby ceded to the United
istafes, as loon as they (hill obtain the title thereof from the proprietor or proprietors,
II. And be it further enaHed, That the faid jurifdiftion is ceded to the United States upon the ex- Conditio.
prefs condition that a light houfe (hal! be eteuted thereon within five years, and be continued and kept
up forever thereafter, for the public ufe.
III. Am he it further enaried, That nothing herein contained (hall be conftvued to debar or hinder S 'ate process,
any of the oihcers of this State from ferving any procels or levying executions within the limits of which 'nay bo seive4
the jurifdidion is by this a.i ceded f) che LJaited States, in the fame manner and to the fame effedt as
if this a£t had never been made.
An a3 di/eHi*g,in -what cafes hail f}ja!l be given in anient of EjeBment. CHAP. IS.
BE it enaEfed by the General AJfemhly oj the State of North Carolina, and it is hereby enaSied by the author'
vly of thejame. That upon the return of any writ of ejeftmeut to any court having cognizance PI intilF •• en.
thereof, the real plaintiff in faid writ, his agent or attorney, at the return court of faid writ, ftiall enter '®' '''^" l^o"*iat
return
ecart.
into bond with the clerk of the court to which faid writ (hall be returned, with good and fufficient fe-
eurity, to profecute the (ame with efFed, or otherwife to pay all iuch colls and damages as ihall be a-
warded on failure thereof.
II. And be it fnrther enaJied, That in all adlions of eje£lment, the perfon or perfons who (hall make Defendant
themfelves defendants in faid fuits (hall, on doing the fame, either by themfelves, their agent or attor- *■*<>•
ney, enter into bond, with good and fufficient fecurity, to anfwer fuch writ or writs of ejectment in the
court to which they (hall be made returnable j and abide by the determination of the fame ; which de- ,
fendant or defe.dant ; (hall be under the fame rules and regulations, and liable to the fame judicial pro-
ceedings, as to all cofts and damages that may be awarded againft him or them, as principal and bail
are fubje£led to in other civil actions of law in faid court ,- any law to the contraiy notwiihftanding.
III, And be it further enaBed^ That whenever any piaintifF or plaintiffs (hall fail to give his bond for '-*,"/aiIure(»f
proiecuting, as before dire£led, the court (hall, on motion, difmifs the fuit •, and wherever any perfon or fj!^'"*" '"' ' ,
perfons may be defirous of becoming defendant or defendants in faid fuits, they (liall give bond as disrats^ed.
before directed, or be in cuftody of the (herlfF before they or their attorney (hall be (uifered to plead.
An A 8 to relieve certain inhabitants of Mecklenburg county , and oiher citizens of this State. CHAP. 17.
WHEREAS by an aft of the General AlTembly pa(red at the city of Raleigh in the year i794, Ante i. u.
entitled " An AQc more Hberaliy to endow the Univerfity of North Carolina, and fecure the ti-
tles of certain inhabitants of Mecklenburg county and other citizens of this State, to certain lands
heretofore purchafed from Henry Euftace M Culloch," it is enafted, that all lands not heretofore fold,
which under any of the laws commonly called confifcation laws have been forfeited or confifcated to the
ufe of the State, be and the fame are hereby granted to and vefted in the truftees of the Univerfity
of North Carolina, and their fuccelTors forever in truft for the ufe and benefit of faid Univerfity :''
And with refpeft to lands which had been fold by the faid Henry Euflace M Culloch, and for which he
had taken bonds or mortgages previous to the fourth day of Jul'/, in the year one thoufand feven hundred
and feventy fix, in the fecond feclion of the above recited a£l, it is enadted, That fo much and fuch
part of the (aid conficated lands as may have been Dona fide purcliafed or morgaged as aforefaid are
granted to and veiled in the truftees of the Univerfity of North Carolina and thiir fuccelTors, not on-
ly for the ufe and purpofe above mentioned in this aft, but on the exprefs truft, that the faid truftees
and their fuccelTors (hall take and ufe all proper ways and means, both in law and equity, to convey
and alTure to the equitable owners and claimants of fuch lands, a good and fu(ficient title in law, to the
lands fo purchafed or mortgaged as aforcfaidg fuch equitable cwneis or claimants paying or fecuiing
J4. IS04-. to be paid to the fald truftees or tHeir succeffors fuch fum or fums of money as may be juffly due on
v„^v-««J In:)) purchaffe or mortgagt : Frovidal, that the interell to be required from iuch claimaTit, Ihall in no
inftance exceed the principal ; nor feall interelt in any cafe be calculated during the war :" And in y
the fourth fedion, of faid adt, it is further enatled '• That the proceeds of I'.des which fliall be made,
and the amount of all payments leceived under this a£t, Ihall be confidered as a fund'the intereft where-
of ihail be applied to the ufe and purpoles expreffed it: this ad for the term of ten years, at the expira-
tion cf which time, t!ie principal thereof, ahcr deducting the charges of coiled ion, fball be fubjed to
the diredion and diipolitioii of the General Aff. mbly And whe,eas the faid truilees of the- LJfiiverri.'
ty of North-Cirolina, by themfelves tlieit agenis or attorneys, in purfu^nce of the faid vid; have re-
ceived from the inhabitants o Mecklenburg county, and other citizens of this State, ctnfidtrable funis
of mont-y whi h were due for lanos purdiaied from or o^ortgaged to the laid Henry Euftace M'Cul-
loch, and by f uJ ad granlei to id vcited ui the f-:id trufleci and theii iuccc.l?c.rs<,' which faidfums of
nioney, the faid inh.Uman^s of Mecklenburg county- and other citizen-'s ot this J^tate • by realbn of re-
cent adjudicition iu tae Court ot Conference of this State, are heid and confitlefed ilili liable lor arid'
bound ro pay to the faid H-?nry Eulbce M'Cal och, his. agent or attornty, notwirh3;.vndingt]V^y--j'v,!^e
htrctofore pnid the fame, or becon-se bound to pay the fame, to the faid truli^es-iiVd , their 'fuc^e'ToT'vi-
whereby they m-sy be compelled to pay a lecorui time tlie debts contraded with the faid. iler.ry Er.lt-ice
M CulJoch. And whereas, it ha's Decn repreiented to this General Aflembly, lh.tt the funis of ircnry
received V'V flie Uuilees of the U:uverfi v, thjir agents and attorneys, on account of-the land^foW by and
mortgaged to the faid Henry Eultace IvLCulioch, and ado the greater pirt of the .monies received by.
the faid truftees from otiier iources, have from dme ro fimebeen inveiiecl in (lock of the Uni:rd States;
by which means, they tire faid rruitees, have not in pollcliion a fam fuihcient lo meet and vafchar^-e ti>e
demandsvvhich may be made on them by the fata inhaL>ii,3yts of Mecklenburg county and other citi-
zens of the State, on accounr. of the liability to the fuid H^iiry Euft.ce M'Cuiloch as aforefaid c And'
whereas, it is but jnltthat they Ihould be indemnified : For remedy whereof.
BE It enatled by the < etieral x4Jfi7nbly oftht &tate of i^orth Larohna, and tt is hereby enaBtd by the authority
efthtfime. That the Tiealurer of this btate Ihail, and he is hereby autisorifed and direded to pay out
of any monibs in the public treafury not odicrwife appropriated, to each and every perfon, fuch funi
or fums of money which he, ihe or they may have pad to the faid Iruflees of the Umvcifity, their a-
genfs or attorneys, on account of lands foid by, or by virtue of mortgaees made to the faid Henry Euf-
tace M Culioch under the ad herein belore recited, with lawful intereft thereon from the time the fe—
veral fums of m^ncy were relpedively paid ; Provided neverthele/s, that the tlje whole ium paid out
fliaii not exceed the fum of four thouland five hundred pounds : Provided oAo, that no perfon fliall be,
entitled to receive any (um of money by virtue of this ad, without producing by him or herfeli, or by
his or her attorney legal y authorifed for that purpofe, to the Public Treafurer, a receipt or receipts
from the faid trullees, or fome one of their agents or attorneys, for the fum or fums of money which
he, fire or they may have paid as aforefiid ; or in cafe the money <hallhave been paid in purfuance of
any judgment rendered in behalf of the faid trullees, on . ny fuit or fuits by them brought on ..ccount
of debse due for lands of the faid Henry Eullace M'Cuiloch, fold or mortgaged as aforefaid, withiut
producing to the faid Pi»bhc fieafurer, a transcript of the record of laid judgment, or fo much thereof
as fhall be fatisfadoiy to the faid Treafurer, with a c?vtificate of the clerk of the court wherein the fame
was rendered, flating the amount paid on account thereof.
II. And be it further enacted. That the board of trullees of the Univerfity of North Carolina (hall, du-
ring the prefent fefhon of the General Aifembly, make a report, in which IhriU be ftated the amount.
■ colleded for lands fold by, and mortgages maae to the faidHenty Eudace M Cullodi ano the disburfe-
menrsand expeiafes attending the coilediou ; and that lo much of the (lock of the United States be-
longing to tht faid board of iruflees, as (had be equal in amount to the net fum colvdcd by thera,
their agents or attorneys, fhall be, and the fame is hereby declared to be, pledged to the Srare of North-
Carolina, as 3 fund which may be applied towards the repayment oi the monies herein direded to be ad- '
\anccd to the inhabitants of ivlecklenburg county and other ciizens of this State,
III. And be it ]urihe*- enaSed, That the board of trullees fliall caufe o be transferred fuch amount of
their flock as iirall be equal to the fum contemplated, as above mentioned in the lafl enading clauie, and
htrein pledged ; and ui til fui-h transfer is made, the Tiei^'urer fliall n>'t pay any fum or fums author-
ifed and diieded by this ^ lo be pitid to the citizens of Mecklenburg, and ot. ers.
Tfeas'ire>'di-
rei'.e < o [jay
Eiii'b due to
ce tain per-
ious.
PrvviiO,
Trustees to
make a report
.\iid transfer
stock ,
An act io continue ill fercd iinucf p^sscil ill :'iej-ear one thousand ei^Iit hundred and or*, <r.*:.*[>.W " An aci to IJ^O-t 2^5
coiUinvie longer in force and lo aineiid a\i acl pulled in tlieyeiir oin; thouliiid ft:veu luindred iiiul.iiine- i..<.-Y-sJ
ty nine, ciUitled An acl diieolui" ti>e Jud'.'es of Uie ^iviiJ.'^.or Courts ta meet lo'eilier ij feiUe uj-.i- ,.,..„ ,o
Jions of law or equi.y arilui;^ on tlie circmt, and to j>roviJe for the trial ol pcu^ynu cuncLiucd .n -xf- ,^„,^ ,, ^ ■-
taiii frauds." " '.
i> £ it enabled by the General /l/fetnbly oftht State of North- Carolina and it is hereby etuBed by the aulh^rii v 1 805, 1 .
J oi- the /amet That from anil after the paiTing of this a£i:, an aft of the General Aiilmhiy, palled iti I'lv a.i <ji
in the year one thoufand eight hundred and one, entitled *' An a6t to continue longer in force and to I^^Jj-'it'jUieci
amend an act pafled in the year one thoufand feven hundred and ninety nine, entitled An a£t dirediling '" '""'
the Judges of the Superior Courts to meet together to fettle queftions of lavv or equity arifing on the
circuit, and to provide for the trial of perfons concerned in certain frauds," be^ and the fame is hereby
declared to be in full force and virtue : And that the Judges fhall io arrange the ridings among them-
felves, that one of the Judges of the Superior Courts ftiall attend any of the Superior Courts of law and
equity, that they fhall interchange their ridings alternately, io that no one of them mall attend the xhe Judges t«
fame court, or any one of faid courts, twice in fucceflion. And one Judge of the faid courts fhall here- cliane;t their ri-
after have full power and authority to hold faid courts, and determine all cafes both in law and equity, di'^gsalunwie-
depending or hereafter to depend in the fame, and to do every thing therein which the cafe may re- **
quire. '
II /Ittd be it further enacted. That the Judges of the faid Court of Conference fhall not only reduce judgment hu\»
their opinions to writing and file the fame in the Clerk's Office as heretofore dire£led by law, but that sivc.,-
the Judges of the faid court fhall likewife, when their opinions are made, deliver the fame viva voce
in open court. That the faid court fhall be deemed a Courtof Recoid, and that the papers and records Papers and
belonging t© the clerk s office of faid court, fhall hereafter be conftantly kept within the city of ila- rccoi.s where
leigh ; any thing to the coxitrary notwithllanding» P'*
An ect .specify inif the duties and salarv of the P.ibl:c Frhi'e %
V\ HEREAS doubts has arifen with refpefl to the duties to be performed by the Public Frir.ter
** under the annual falary allowed him by law :
BE it enabled by the Genirul JJTcmhly oT the State of Ncrih Carolina and it is hereby ena51ed!'y the authority
of the fame, That it lliall be the duty of the Public Printer to print a fufficient number of the Journals
of each feflion of the General Aflembly to fupply each member thereof with one copy, and the offices' "*'" ""■"■*■
of the Governor, Treafurer, Secretary and Comptrciler, with each a copy, and one other copy for each
of the Clerks of the (General Aflen.'biy ; a fufficient number of the A£ls palTed at each fefTion to ftrve
each member of the General Alllmbly with one copy, alfo cue copy for each of the public offices and
clerks as aforefaid, one copy for every Judge and Clerk of the iuperior courts, one for the Attorcey and
Solicitor General each, one for every Clerk and Miiller in Equity, and one copy for every Juftice of t\ie
Peace, County court Chrk, sheriff and Coroner throughout the State and one copy for the Executive
of each State in the Union. It fliall alfo be the duty of the Public Printer without making any extra
charge therefor, to piint for the ule of the twoPIoufes cl: the General Aflembly whilft in feifion, copies
for every member thereof of the rules of their lefpedive houfes, and cf fuch public bills, refolutions, le-
ports or mefliiges, as they may from time to time dired, as well as a copy ot the titles of the hiws pji-
fed at the dole of each feflion, certificates for the attendance of ttie members, and alphabetical lifts of
the names of the members for the ufe of the clerks. And it ihA\ be the further duty of the Public
Printer, to publifh in the State Gazette, as foon as may be after the clofe of each feifion, ail the atfts
of a public nature which have been pafTei!, as well as any Proclamation which may at any time be iliu-
ed by his Excellency the Governor of this Stat^.
II. yind be it further er.ap.ed. That it fhall be the further duty of the public Printer, to have the Laws
ard Journals of each feffiou printed, and ready for delivery, within ninety days from the clofe of every ^,^^^,^ ,^^^, ^^
feflion ; and when thus finiflied and addrefTed to every Member of AfTembly, Judge, Jufliceof the Peace, .^^ .„.sv....ca.
and others entitled to receive them, that he caufe them to to be packed up in parcels for each county,
and delivered by trufly perfons employed for the purpole, to the Clerks ©f every county court in this
State ; or in the abfence of fuch clerk, to fome proper perfon in his behalf, whofe receipt for the fame he
ftiall deliver to the CompLroller, before lie fhall be confidered as having fulfilled the duties of his office.
3 N
CHAP. 19
Vol,
I +;Ji,
■ns.
An'..
sp. 43,
V27,
123.
"336 1 8*4.
Pay-
Former afls rj'
|>ealcd,
chap; 21.
Sfoc''
to be oricned.
H nw and
Wnen p^id .
Tan- on
Siih'yrribers
coiporated.
TTI. /^>j!l i^ U further e*^i.^ed,Th^* tlie Pablic Printer HiaH bealbwed the fan' of Hx })undred poiincfs
annually, in full compenfation for the afo'sfiid enumerated ferviceSj togeilier with an extra allowance
of forty {hillings for each and every county in the State, forclidrlbuting the Laws and Journals as here-
in bailor? direSed ; which fliall be piid him one half thereof at the rile of each fefhon of the General
AfT^mbly, tJie other half whenever he fhall produce to the Comptroller receipts certifying that he hath.
fuilf complied with the provifions of this j£l in the diflrlbution of the laws and journals aforefaid.
IV. /^nd be it lurthfr enaSied by the authority aforefaid. That all asfis and claufes of udts that come
' within the meaning and purview of this afl^ are hereby repealed and m.r.de void.
An cct for es'.ab':s' Ing a B -nJt in th.e tov;n of WUnvv^'cv,
T^"T7 KERE AS the increafe of population and co.-nmerce in the diftricls of Wilmirjjton and Fay-
'^^ e'tfviile, render it expedient that a Bank fliould be eftablillied for their accommodaticn in the
town pf Wi.mington :
Be it enatled ^y the G'vcral AJembly of tie Stiff of North Carolina, and it if hereby ena^e.-i hy the authori-
ty of the fame. That a Bjnk {Inall be eftab'iflied in the town of Wilmington, the capital Itock whereof
li^al! not exceed tvtjo hundred and fifty thoufand dollar?, divided into fl>ares of one liundred dollars
each; but in the mean time, fubfcriptions towards conlilutiiig one hundre! thoufand dollars of faid
flock fhall be opened ; that i? to fay, at Wilmington on the firfl Monday m April next, for five hun-
dred fliare?. rnder the fuperintendance ot George Hooper, John London, John liiil, John flog^,
Richard Bradley, William Giles and Henry Watters ; andonfhcfame day at Fayctteviile, for five
hundred fhaveF, under the fuperintendance of John Wiiiflow, D.ivid Anderfon, William B. Grove,
Duncar. M'Leran, Robert Holliday, Peter Perry and Simeon Belden And a majority of faid com-
niiffioncrs, at the places above mention-; j refpeftively, fliall be fufRcient to perform the du'ie? of their
j^ppointment ; and it fliall be competent for the corporation created by this ail, to proceed to hll up,
in whole or in part, the remaining fifteen hundred (hares, by fubfcriptions to be opened ul the above
places, refpcdlively, atluchtime, and under fuch commUhoners, as they may appoint, giving three
tno^uhs notice thereof in the Wilmington, Newbern and State Gazettes.
JI. A-id be it further enaSied, That the amount of the fhare or fliarei fiibfcribed for, fiiallbepaid by
the feveral and refpe£live fubfcribers in gold or filv^r, one fourth thereof at the time of fubfcribing,
to the faid commifiioners, and one fourth within fixty days after the Bink fluU go into operation, one
fourth within one hundred and twenty days, and one fourtlv in fix months, to the Bank dir?6lor3 for
the time being : Provided a!iva\!, Tnat it fliall h?. lawful for aiiy fubfcriber to pay the whole of hii fub-
fcription money, or any greater part than is hereby required, before the time limited for the fame ; and
each and every fubfcriber fo paying in advance, fliall have a difcount at the rate of fix per centum per
annum on fuih advance, cooiputing from the conimsncement of the operation of the faul Bank •, and
r.ny perfon or perfonj failing to pay any infla!m?nt at the time herein appointed, fliall forfeit to the
corporation the fum or f urns by him or them before paid, and fliall henceforth ceafe to be a member
thereof; and it fhall be competent for the corpirition to fupply any deficiency occafioned by any fuch
delinquency, by faleor otherwife, as they may deem proper.
in. And be it further enacted. That the fubfcribers to the faid Bank, their fuccefTjrs and afligns, flull
be, and are hereby created and made a corporation ;nd body politic, in law and in faft, by the name
rnd flyle of *^The President, Directors and Compmy of the Bank of Cape Fear,^' and fliall fo continue until
the firft day of January, one thoufand eight hundred and twenty, and by the name and fljle aforefaid,
they fhall be, and are hereby made able and capable in law, to have, pur:hafp, receive, pofllifs, enjoy
rrd retain, to themfelves and their fucceflbrs, lands, rents, tenements, hereditaments, goods, chattels
nnd effei^s, to an amount not exceeding in the whole (including the amount of the capital flock afore.
f lid) fix hundred thoufand dollars, and the fame to fell, grant, demife, alien or dispofe of, to fue aid
he fued, implead and be impxleaded, anlwer and be anfwered, dafend and be defended, in courts of re-
cord or any other place whatfocvor ; and alfo to make, have and ufe, a common feal, and the fame to
break, alter and reo?w at their pieafure ; and alfo to ordain, eftablifh and put in execu'.ion, fuch by.
J.iws, ordinances and regulation?, a- flnll feem necefl'iry for the government of the faid corporation,
rot being contrary to the conftitu^ion of this Stat?, or of the United States, or of the faid corporation j
Xor which purpofe, general neetings of the [lockholders fhall and may be called by the direftars as
reiSlors Irow
heremafter 'pcciaed, ani gens-.iUy to do an f er^-j'? a!! dxyi :iii:'„ mitfsn and things as to them fhall 1801. 2^7
aad .nay apjcir neceflary ; fuhje£l neve.-thelefs to the rules regulations and refiriQions hereinafter
declared and prefcribed,
IV. ,in.i be it /hrl.ber enacted, That for tho well order'ng of the aXiirs of the faki corporation, there
iliali be e evc'i dire€»:ors, b'eiii^ citizen'-, jf this Str.te, of whim it ieait feven Ihiil be refidents of Wil D
mington, or within (ifteen miles thereof, elected yearly by the ftockholders at a general meelinfr to be '^'^^^^'^
held »nnu3l!yat WihTfingion, on the hrf!; Monti. ly in Janmry ; provided the firfl e!e6l;io'n of diredors
Jhall not be included in the before tnention-ed getier.ii regulation, buc fliall be held at the time and in the
manner ])ereiniftcr directed ; and provided that in cafe u (hould at any time happen that an ele£lion of
dire6lors ihould n^t be made on any-day when pnrfu int to this adt it ought to have been made the
faid corporation ihall not for tliat caufe be di(TI}lved, but it fhall be lawful on any other day within ten
days 1 hereafter, to ho'd and make an eledion for dirp£tors, in fuch manner as fliall be regulated by the
laws and otdinances of the faid corjioration ; and that in cafe of the death, velignation or abfence from
the (late, of any dirf£tor, his place ftallbe hlled up by anew choice for the remainder of the year by a
majority of tlie dlreftors^,
V. And be itjurther enitfcd^ That on the (irfl d^y of May next, and every thirty days fheieafter if
the fnb'.cription fhall not be fooner clofed, the commiilioners ^ippolnted at F,iyeticville, fhall tranfmit The minrrerol
and deliver to the commiOioners appointed at Wilmington, a lilt of the feveral fuhfcribers at fuch place c"'c"u'air,g the
and the fhare or iliares to each and every fubfcriber be'onging. together with the full amount of ttie fub- ="''^"^'''P''°"»
fcription money by the faidcommilBoners received as aforefaid ; for which amount the receipt in wri-
ting of the faid commidioners appointed in and for the town of Wilmington, ora majority of them, fhall
he a fulHcient acquittmce and difcharg<=i to the perfons refpeSlively paying the fame ; and as foon as the
fum of tweiity five thoufand dollars in the manner aforefaid fhall be acfuiily received on account of the
fubfcription to the faid capital (lock of <-he faid bank, notice thereof flaall be given by the commliTion-
crs appointed in and for the town of Wilmington, in the Wilmington and State Gazettes, and the fame When'hebank
perfons flial! at the fame time nodfy a timt^ and ph.ce wkhin the faid town at the dlftance of twenty days <o fo i'»to oije-
from the time of fuch notification, for proceeding to the choice of diredors ; and it ftiall be lawful '■'^''°"«
for fuch ele'iiion to be then and there made, and the eleven perfons who fhall then and there be cho-
fen, (hall be the firil dlreilors and (hall be capable of ferving until the firft Monday in January there-
after or until their fucceflbrs fhall be duly elected ; and the faid directors fhall forthwith commence the
operations of the faid bank at the town of Wilmington.
VI And be it furth 'renamed. That it fhall be lawful for the corporation to eftabllfli a branch of faid Bnnch Banl«*
bank, whenfoever they fliall think lit, at and in the town of Fayctteville, for the purpofe of difcouiit
and depofit only, and upon the fame terms and in the fame manner as flmli be pradtlfed at the bank in
Wilmington, and to commit the management of the faid office or branch, and the making of the faid
difcounts, to fuch perfons underfuch agreement^, and fubjeft to fuch regulations as they (hall deem,
proper, noc conir;\ry to the Condi utiou of this State, the United States, or of this Corporation: Sub-
icrlptlons may be made hi perfon or by proxies appointed in '.rriting.
VII. And he itfu-ther enaSied, That the direftors for the time being fhall have power to appoint Offi :ers, Clerks
fuch officers, clerks and fervants under them, as ihey (hall deem proper, and regulate their refpedliva &=• how cho-
duties and corapenlatlon, and (hall be capable of exerclfing fuch cvher powers and authorities as (hall **"'
be dcfcribed, fixed and determined by the laws, regulations and ordinances of the corporation.
VIII And be it fwther enaried, That the following rules, reflridions, limitations and provifions, (hall
form and be the fundamental articles of the conttitution of the faid corporation ; The number of votes r j
to which each (lockholder (hill be entitled, fliall be according to the number of fliares he fhall hold, constitution of
one vote for each (hare ; they fliall have a right to vote by a proxy, he being a ftockhoider : No direc- th= iJank,
tor-(h 11 receive any emolument ; the ftockholders may allow a falary or other compenfation to the
Prefident : No lefs than five direitors (hall conftitute aboard for the tranfaflion of bufmefs, of whom
the Prefident (hail always be one, u ilefs in cafe of ficknefs or necelf.iry abfence, he (hail appoint by a
written inflrument a dlreiffor to fill his place : A number of ftockholders, not lefs than twenty-five,
being altogether owners of fifty (h ires, fhall have power to demand a general meeting, and the Prefi-
dent fliad call one within thirty days after the communication of their requefl: : Every cafhier fhall
give bond and fecurity before he enters on the duties of his ofllce, in the fum of ten thoufand dollars^
233 ISOk and the other officers, clerks or fervants of the corporation^ fhatlgive fuch fecurity as the dire(3:ors fliall
t-i-'-r'vJ require : The {lock of the faid corporation Ihall be transferable and alienable, according to fuch rules
and regulations as the corporation fliail, from time to time, make for that purpofe : Bills bonds and
notes fubfcribed by the Prefident and counterfigned by the cafliier, Iball be bi.iding and obligatory upon
the corporation : Half yearly dividends fhali be made of fuch part of the profits of ih3 Bank as Ihall ap-
pear advifable : The total amount of notes emitted or thrown into circulation by the faid corporation,
together with their debts of every defcription, fhall not at any time exceed the fumof feven hundred
and fifty thouland dollars, over and above the monies then aftually depofited in the Bank for
fafe keeping ; and in cale of excefs, the direftors under vvhofe adminiftration' it (hall happpen,
fliall be liible for the fame in their natural private capacities, and an iictlon of debt may in
fuch cafe be brcught agr.ii'.fl: them, or any cf them, or their heirs, executors or admiriilra-
tors, in any court of record, by any creditor or creditors of the iiid corporation, and may be pro-
fecuted to judgment and execution ; any condition, covenantor agreement to the contrary notwith-
ftanding : Provided, that any of the diredots who may have been abfent, or have diffcntedirom the re-
' iolution or aft whereby fuch excefs was contrafted or created, may refpeclively exonerate themfelves
from being fo liable, by forthwith entering their proteft wit . and before a notary public, and to the
i'.ockholders at a general meeting, which they fliall have power and are hereby required and dire£led ta
call for that purpofe ; Nonebut altockhclder, being a citiz.en of this ftate, Ihall be eligible as a direc-
tor : The lands, tenements and hereditaments which it fhall be lawful for the faid corporation to hold,
ihall be only luch as fhall be requifite for its immediate accomodation in relation to the convenient tranf-
■a£ting of its bufinefs, and fuch as fhall have been bona fide mortgaged to it by way of fecurity, or con-
veyed to it in fatisfaftion of debts previoufly contra£ted in the co^irfe of its dealings, or purchafed at
fales on judgments, which fliall have been obtained for fuch debts ; Nor fhall this corporation, dire£lly
or iiidiieftly, deal or tiade in any thing except bills of exchange, gold or iilver bullion,' or in the fale
of goods really and truly pledged for money lent and not redeemed :n due time, or in goods the pro«'
duce of its lands ; neither fhall the faid corporation take more than at the rate of a halt per centum for
thirty days, for on account of its loans or difcounts-
The stste irzy IX. yind be it Juriker enaEied, 1'liat it fliali and may be lawful for the State of North Carolina, at any
takes shares, jjrj,^ within three years from and after the pafiing of this act, to become interefted in faid Bank, to an
amount not exceeding two hundred and fifty fliares of one hundred dollars each j and on the payment
into the faid Bank by the State for any fhares fhe may deem it advifable fo to take,it fhall be lawful thence
forward lor tiie faid corporation to iffue notes founded on iKrhextcnfion of capital, in the fame ratio
as is hertiii before provided on the original flock created by virtue of this adt.
X. Haditseffea.
Debtors how ■^^* ■^"'^ ^^ «V /wr//ji?>" fnr3i5?f</, That in cafe any perfor. fhall be 'ndebted to the faid Bank on any
J r.>ri;tdida- bill, bonder note, duly executed or endorfed, in the body of wliich bill, bond, note or endorfement,
L-inst. it fhall be expressly ftated that the fame fliall be negotiable at the friid Bank; or iliail be indebted to'
faid bank by reafon of or under any acceptance, fluli fail to make payment at the time fpecitied, the'
Trtlident or Cafiiier, or any number of directors as may be appointed by thedire£lors of fuid Bank, fhall
taule a demand of payment to be made in writing on fuch delinquent ; and if the mcuey fO due, Pnall
not be paid wiihin ten days thereafter the Prefidmt, Cafhier, or any number of directors which may
be appointed by the diredlors of faid Bank, may, on motion, cither in the Superior Court of Wilm.ing-
Um dillridt, or wiihin any County Court within the faid ditlricl, of which notice Ihall be given at the
lltneof making the demand as aforefaid, enter up judgmei t for fucii fum as fliall appear due on any bill,
bond, iiote or acceptance as aforeluid : Piovidea aiivayj, that if any fuch dehnquent fhall at the Court
at which he Ihall be notified judgment will be moved for againlt him, dewy the whole or any of the
fame demand to be due, the faid Court fliall dirett wn iffue to be made up and a jury empannelled, who
fhali proceed to the trial of he fame, and their verdiift and the judgment thereon fliall be final and con-
clufive, and from which there (hall be no appeal.
, Xll. /itid If zt further tna^ed, That nothing herein contained fhall be conftrued to gi\'c to the Bank
Ihe Biiik tint hy this act cieated, any precedence or prefeience to any Bank which the Legiliaiure may at any time
10 i.ave prei'tr- litrtafter tltabiilh at the towns of Wilmington and Fayetccville, or eifewhere ; and the faid Bank by
!_"" *° '"'^ this atl cRabiilhcd, may become a branch ;on fuch terms as may be agreed on) of any general Bank
vvluch may be eilabliihed for this State in the tity of Raleigh or elfev/here.
An 9ct f,-) ircorfyyrate t! e N'ttvBern Marine rnsurmie Compar.y and toesta5:hri a 5<ntk in sa-'d ton<n. JSG-t 2'
»■ THERE AS James M'Kinhy and others, aflocbted as a company, under the ftyle of the Newbern v.*^n->1>
MaiiiieliifuranceCompany, have prayed to be incorporated, ^^^^, 2^
BE it enatled by the General Ajjtmbly of the S'ate af North- drolinj, and if is hereby emSfed bv she author itv of * "'
ihe/amcy That all fuch perfons as now are, or hereafter (hall be ftcckholders of laid compar.v. (h.-U be
insurance ccni
ro tj»
and are hereby conftituted, ordained and dedarenl to be> a body politic and corporate, by the name of i':.ny -re .p?
« The Newbern Marine h/uratiee Company," and that by that name, they and their fi^eceirors fliall hdva '^^'''i-
perpetual facceffion, and (hall be capable cf futng and being fued, pleading and being imp'e~ded, arv-
fwer and being anfwered unto, defending arid being defended, in all courts and picas whatfcever ; and
that they and their fuccelTors may have a common feal, and change and alter the fame at their pleaf-
ure ; and be capable of purchafing, holding and conveying any ettate, real and perfonal, for the ufe of
-fald company.
It. ,^ndbe il further enacteJ^ That a fliare in the ftcck of the faid company (hall be fifty pounds, pay- scares o
able in advance, or by fuch inftalments as the Prelident and DiveQors, hereafter direded to be lippoin- K!. cadi.
ted, (hall dired : and the number of (hares thall not exceed five hundred, a^id fubfciiption bocks may
from time to time be opened, under the direftion af (aid Prcfident and Dirtdlors.
III. And be it further enaBedy That the (lock and property, afFaiu and coacerss of faid corporatior-, Concfits roljs
(hall be managed and conducted by eleven directors (one of whom (hall be Prefident, and another Sec- managed by
letary) who (hall hold their offices for one year, and until others lliall be chofcn, and at the time of '''^y^" l^uep--
theireleftion (hall be ftockholders and inhabitants of the town of Newbern, and (hall be cleded on the '°'^^*
(econd Monday of January in every year, at fuch time of the day, and at fuch place in faid tovn, as the
diretlors for the time being (hall appoint, and every ftockholder (hall, at fuch eledion, have a vote for
every (hare he holds, reckoning no (hare except fuch as were acquired ninety days before the eleflion ;
and thf perfons having the greateft number of votes (a majority of the votes of the (tockholders being
taken) (hall be elected.
That the dlredors (hall meet as foon as may be after every ele£tion, and (hall cl.ufe the officers and Officers artt
fervants of the company, the latter of whom (hall be removable at their pleafure, and (hall during ^"^^"ts oi the
the year fill up any vacancy that may happen in their own body, or in faid ofRcers or fervants ; but fuch cWn"^' ^°^^
appointments (hall expire on the day of the next annual tlediio'n. {The la/tpartcj this leciion had its ef-
Jea.)
IV. Andbett further enaSed, That if it fhould at any time happen, that an eIe<aion of directors Corpora im
fliouIJ not be made on any day when, purfuant to this a£l it ought to havft been made, the faid ccrpo "'' ti'^^olvel
ration (hall not therefore be diflblved, but it (hall and may be lawful to hold and make an elecStion of ^^ */".''"
directors in fuch a manner, and at fuch a time, as the (awsand ordinances of the corporation may /i- Uirecto^"'^ "
reft.
The Prefident and (ix Directors (hall conftitute a board com
petent for the lranf3£lu)ii d^biifi^e}/, a^ Qu&ruin. how
: and difpofitioii of the ^^gck]' DTOpert^r^'^i''^''^'^-
rrxai.
have power to make laws and ordinances for the management and difpofitioa of tK"^ ftocki' pr6pert'£^''*'i'''i'^^'J-
eftate and efftfts of the corporation, the transfer of (hares, and the duties and coWpehtatifans^of'lRe ° nJ^'I3.!
fecretary and fervants employed. They (hall alfo appoint a committee of four dire£tof^, 'iny twb**o^^ -orisv-
"'lelident, (hall have power, on behaif of the corporation, to makB'.i^ur"arites/°Px 'a
tua
premiums, lend money on bottomry or refpondentia bonds, mortgages or the perfonal fecur^ity''oT?\i'Sl'To niake in-a-
al, of the corporation. {Pe re/f had its effe£i )
V And be it enaSfed by the General /Jfemhly of the State of North- Carolina, and it is hereby encEled by the "\
authority of thejame. That a Bank (hall be e(labli(hed in the town of Newbern, the capital (lock whereof a*" bank es-ab-
(hall not exceed two hundred thoufand dollars, divided into (hares of one hundred dollars each \ but in 1 sh-d.
the mean time, fubfcriptlons (hall be opened in the faid town for (ire hundred (hares, on the firft day ' * ''''°'^' *
of April next, under the fuperintendance of James M'Kiniay, John Uevereux, Francois Xavier iVlartin,
Ifaac Taylor, and John Harvey, a majority of which faid commilfioners (hall be competent to perform
the duties of their appointment ; And they (hall keep the fubfcription books open for the term of ten Sub-clpticns
days J and. if the number of ihares fliall not be fubfcribed wkhin the faid lerin of ten days, then they -o ^^ ^'ii.iwJ.
30
i'AtO iSftt. fliall k?*?? t'le faisl boVis onen un'll the faM five hundra.i Q\zys-, are fu^ofcrlSed, asd no lon-^^ec And
u-e'V^ the corporaiiol by this ^*Il created, may itaiy future ti:ri3, open baoks to receive fabfcriptious for th«
remaining Tifreen hundre I iTm-??. qr (n-h time and at fuch plice, and under the funerintendince of fuch
perfons, as they miy deem adviUbie and expedient. Sabfcriptions may be made in perfon, or by proxy
rn wrifin;^.
■ ' VI H)4its effe^.
VII. And he It further encicte'iy That the fubfcribers to the faid Bank, their fucceflbrs and afugns, fhaH
Siibscribeis in- be, ;'.nd are hereby ere., jd and made a corporation .md body politic, in law and in f aft, by the )iame
corpjruxd. aj,rl ityre of ^^TheiPi'iside'-t and Directors of the Bank of Newbern" and fliall fo continue until the firll day
of Jr.'iur.ry, in the year eighteen hundred and twenty, and by the naoie and ilyle aforefaid^
they (hall be, and are hereby marie able a.nd capable in law, to have, purchafe, receive, poflefs, enjoy
and retain, to themfelves and fuccefTors, lands, rents tenements, hereditaments, goods, chattels
and efFe^ls, to an amount not exceeding in the- whole five hundred thoufand do'.'ais, (including the
atnount of the' cvipitni llcck aforefaid) and the fame to feU, grant, demife, alien or dispofe of, to fue and
be iued, impiesd nnd be impleaded, anfwcr and be anfweied, defend and be defended, in courts of re-
cord or any orher place whatever ; and alfo to make, have and ufe, a common fenl, and the fame to
break, alter and renpw af their pleafure ; and alfo to ordain, eftabHlTi and put in execution, fuch by.
iaw'-s, ordinances and rej^ui -.tiohf, as fh?." fee;n necefTiry 7,x\A conveniei-it for the government of the faid
corporation) not being contrary rothe L^ws of this State, or of the United States, and for the making
whereof, genera! meetijifls cf the ftockl.olders may be cdled by the diredlors as in the manner
hereinafter fpecified, and generaily to do and execute all aQs, matters and which, a corporation or bo-
dy politic in law may or gan lawfully do and execute; fubjetl to the rules, regulations, reftridiions,
limitations and provilions herein after pTeQ:fibed and declared,
Direaors how VilL And be it further ^nact-d. That for the well ordering of the affairs of the faid corporation, there
chosen, fhall be e'even direfiors, being citizens of this S-ate, elefted yearly by the ftockholders, at a general
; meeting to be held annually at Mewbern, on the firft Monday in January ; feven of w;hom fhallrefide
at Newbern, or vrithin twenty miles thereof 4 provided that the lirft. eLeftion of diretftors (hall not
' be included in the above mentioned general regulation, but fhall be held at the time and in the
manner herein after dire^'^^ed ; and provided that in cafe it fhould at any time happen that an elefiilon of
dire6l:)rs flaould not be made on any day when purfuant to this aft it ought to have been made, the
faid corporation (hall not tor 'it caufe be deemed to be diffoived, but it fhall be lawful at any other day
Avithin ten days (hereafter, to hold and make aneieftion for diredtors,In fuch maimer a^fliallhave been reg-
ulated bv the laws and ordinances of the faid corporation ; and that in cafe of the death, refignation or
abfence from the ftate, of a direftor, his place ftiallbefilW upby anew choicefor the remainder of the
year by a majoritv of the diredtors, "
."' A.' ' ' /Dfat'e'^it tw'^^r ett'iBeJ, That the dIre£lors for the time being {hail'have power to appoint fuch
Officers, Clerks off^P*p 'cVf.^^V anli, (eryants under them, as (hall be neceflary for executing the bufinefs of faid corpo-
&c. how cho- rat4or^ aiiS to allow" tsem fuch compenfation for their fervices refpettively as fhall be reafonable ; and
S6"» (hall-.be c^.abie, (5f exercifing all fuch powers and authorities for the well governing of the affairs of the
' ' xi ', , ,^9*2-'^''^^-°n'r*3'' mair^e prefcribed by the laws, ordinances and regulations of the fame
..;; .jir..-%i.i,/^P^MAlurt%erenjcted, That the following rules, regulations, re(lri£lions, limitations and pro -
Fundamental vifiqns'.''ih,al|..be and form the fundamentiil articles of the conftitution of the faid corporation. No
constitutoii of fto£kKpld'.er/h;iirbe entitled to more than one vote for each and every thare he may hold : They fliall
the Bank. jjg 'etuitfey to' vote by proxy, he being a ftockholder ; No ditedtor (hall receive any emolument,
nor , (hall any perfon be a dire£lor who is not a ftockholder: the ftockholders may allow the
i ,1'r^fident a falary, or other compenfation: Not lefs than five dire£tors (hall conftitute a board for
' 1' ithe tr^nfaftion of bufinefs, of whom the Prefident ftiall always be one, pxcept in cafe of ficknefs
, , or ncctffiry abfence, in which cafe his place may be fupplied by any other dlreftor properly au-
thorifed by him by an inftrun;ient in writing: A number of ftockholders, not lefs than twenty-five,
,<b'fiiTg altogether owners of fifty (hares, (hall have power to demand a general meeting, and the Prefi-
dent (hail call one within thirty days after the communication of their requeft : Every calhier or trea-
ftirer (hall give bond and fecurity before he enters on the duties of his olTice, in the futn of ten thou.,
land dollars, and the other officers, clerks or f^rvautsof the corporation, fhallgive fuch fecurity as tne
^Ird^ors SiiTl rscfulre : The ftock of the faid corporation fhall be fran§fera!>le and alienable, agreeable 1804. 241
to^fuch rules and regulations as the corporation Hiall, from time to tinne, make for that purpofe : Bills, \,.^->r>mt
boads and notes figned by the Prefident and counterfigned by the cafhier, Ihall be binding and obligato-
ry on the corporation : Half yearly dividends (hall be nude of fach part of the profits of the Bank as Ihatl
appear advifable : The lands, tenements and hereditaments which it fhall be lawful for the faid cor-
poration to hold, fhall be only fuch as fhall berequifite for its immediate accomodation in relation to the
convenient tranfatting of its bufinefs, and fuch as fliail have been bona fide mortgaged to it by way of
fecurity, or conveyed to it in fatisfaftion of debts previoufly contra£Ved in the courfe of its dealings,
or purchafed at faks upon judgments, which fhall have been obtained for fuch debts ; Nor (hall this
corporation, direfily or indireftly, deal or trade in any thing except bills of exchange, gold or filver
bullion, or in the fale of goods really pledged for money lent and not redeemed indue time, or in goods
which fhall be the produce of its land? ; neither fhall the (aid corporation take more than at the rate of
©ne half per centum for thirty daySj^fox on account of its laar>£ or difcounts ; The total amount of notes
-emitted or thrown into circulation by thefaid'corporation together with their debts of every defcription,
{l-.all not at any time exceed fix hundred thouland dollars, over and above the monies then a6l-pally
depofited in the B^nk for fafe keeping ; uidefs the contraftinT of any greater debt fliall have been pre-
vioufly authorifed by a faw^ of the State ; in cafe of exccfs, the direftors under whofe adminiflration it
ihal! happpen, fliall be liable for the fame in their nn:aral, private capacities, and an action of debt may
be brought againft them, or any of them, or their heirs, executors or admhiiftra-tors, in any court of re-
cord, by any creditor or creditors of the laid corporation, and may fee prolecuted to judgment and exe-
cution ; any condition, covenant or agreement to the contrary notwithflanding. But this fhall not be
cenflrued to exempt the faid corporation, or the lands, tenements, goods or. chattels of the fame from
being alfo liable for, and chargeable with the faid excefs : fuch of the faid direflois who may have been
^abfent, when the faid excefs was v,ontra£led or created, or who may have diflented from the refolution or
.a£l; whereby the fame was created, o' contra£tec!, may refpe£fively exonerate themfelves from being fo
liable,by forthwith giving notice of the fa£l and of their abfence or difterit with and before foraenotary
public, and to the flockholders at a general meeting, which they fhall have power and are hereby direct-
ed to call for that purpofe.
XII. And be it further enaSfed, That if any perfon fhall become indebted to the Caid Bank oti any
b®nd, bill or note, by him, her or them duly executedor endorfed, with an exprefs confent in writing
that the fame fhall be negotiable at the Bank ; or fliall be indebted tliereto by reafon of any acceptance Debtors how
to faid Bank, (hall fail to make payment when the fame (hall become due, judgment (hall and may be P'^fceeded a-
entered up, on motion made either in the Superior Court of the diftridl of Newbern, or any County
Court within the faid dittri£l:, for fuch fum as fhall, by the Cafhier and Prefident of faid Bank, be fta-
ted to be due on any fuch bill, bond, note or acceptance. Provided always, that before any judgment
.fhall b^ granted or rendered as herein directed, it (hall be made to appear to the fatisfaCtion of the
court in which the motion (hall be made, that ten days notice have been given to the party or parties a.
.gainft whom the motion is made, which notice (hall (tatethe court in which the motion is intended to
be made. And provided also, that in Cafe the fum demanded, and for which judgment (hall be prayed,
(hail be contelted, in whole oHn part, by the debtor, the faid court (hall immediately dire£t an ilTue to
be made up and a jury empanneled to try the fame, and the verdift of the faid jury afcertaining the a-
mount due, and rhe judgment thereon, fhall be final and conclulive.
XIII. And be it further ena^ed^ That if the State of North-Carolina fhall, at any time within three
years, deem it advifable to become interefted in faid Bank, it (hall and may be lawful for the faid State y. -
to caufe to be fubfcribed therein, an araoant not exceeding two hu idred and fifty (hares of one hun- take shares.*'^
dred dollars each ; in which cafe, notes and bills may be ilFued by faid bank, founded on the extei
fion of capital produced by the fubfcription and payment in confequence thereof on the part of the
State, to a greater amount than before authorifed, in the fa ne ratio as on the original capital (lock ere ^j^ nreferpr»ce
ated by this a£l ; but nothing in this a£t (hall be conftrued to give a preference or precedenca to the to this Baai;»
Bank created by this a£t to any State Bank whit^h hereafter may be ellablilhed at the town of New>
bern, or elfewhere : and the faid bank may become, on fuch terms as may be agreed on, a branch .q£
any general State Bank which may be eftabliihed at the city of Raleigh, or elfewhere.
XIT. Haditsefef^
242 ISO*. Jr c.et to corthve ir/crce/cf d ^crgtr time ar. cci, erfiTfcd •« An s61 fcr il-< relief of r.on criinnniflr,cr.ed t9i«ra
(„„.-v-*,j and foldiers of '.he c( ii;ii trial liiit i.rui iniliua cf his Suie, who have bctn d;fublecl in ilie fervice ci
HOAp, 23. '^^fi Ur.ittd btal^sor of sliis Sla.e, ckiiiug ihe laie war, and who are not placed on the ijei.fifcn liii of the
Ante p. Ijy. Uaiied Slates, and are buned by the att ui liiiiilAHunf" Jiusad .a lhej,.ar oitcihousai.ditvai hundied ui.i
ntnety nine. . ,
HE PEAS It is reprefented to this General AfTembly, that feme of the perfons who came withia
the defctiption and meanirg of the above recited act, have, from want of due knowledge there-
of, failed to make appUcaiion for the purpofe of being pui o:i the penlion liit as therein prefcribed : Foe
remedy whereof,
Be it enadJed by the General JJfetnbh cfihe Slate of Norilj-Carol'maf and it is ^j-ereh enacted by the author.
ity aftbejame. That the faij above recited a£l be, and the fame is hereby continued in force for the term
The aacoii- of one year, from the rifing of the prefent General Aflembly ; and that all fuch perfons as (hall, withia
unued icr ons the fame term, obtaia from any of the Judges of the Superior Courts, a certificaxe as is diredled and rc-
y^ar. quired by the fard a£l, fhall be entitled to receive the fame allowance as he would have been entitled to
receive, had he fo applied and obtained fuch certificate withia the time limited by the faid a!^.
CHAP. 2-(.
Vol, 1. 332.
Forfeiture oil
neglefting to
atiend as a ja-
An act to amend an act^ passed in t/ieyecr one thousand, seven hundred and dght_y three^ so far as respects ths
Fines of County Ceurt Jurors.
BE it enaB'edby the General Ajfemhly of the State of North -Carolina, and it is hereby enaffed by the au^
thority crjthijame^ That from and after the palling of this ad, that every perlbn fummoned to at-
tend as a juror to amy of th© county courts of this State, who fhall fail or negledl to attend faid court as
a juror fhall forfeit and pay a fum not exceeding li»e pouin^s, nor under forty {hillings, which forfeiture
(hall be alTeffed by the coun to which fuch perfon fhall be returned as juror, recovered and applied as
the aforefaid law direfts : Prodded, that each delinquent juryman fhail have till the next fucceeding
term to make his excufe to faid court for his non-attendance ; and if he ftiall at the faid term render, to
the fatisfaftion of the court, fulficient exciife, fuch delinquent juror (hall be difcharged without colls \
any law to the contrary notwithftanding.
CHAP. 25. Anact to amendan act, entitled, " An a6l, better to afcertain- how witnesses attending in behftlfotthe State
Ante. p. 155. in certain cafes Ihall be paid," passed in »ne thousand eight hundred, and to repeal that part oj thaamn
winch provides for the payment o/xvitnesses atunding tn behalf of the Srate in the courts af pleas and quar-
ter sessions.
I) £ it ena8edby the General Affembly, efthe State of North- Carolina and it is Bertby enaUed by the authsritt
v¥itneis»s m ^ of the fame. That in all cafes where indi£tmeats fhall be preferred in any of the fuperior courts, a.
Mpital cases to gainft perfons charged with capital offences, the State lliall be bound to pay fu'-h witneffes as fhall be
be paid by the fummoned in her behalf, on condition the perfon charged fhall break jail, and fhall not afterwards be
State, when retaken.
break's^iail. ^^' ^" it Jurther enabled, That in all cafes where nolle profequis fhall be entered by the Attorney or
When w tnes- Solicitor General for the itate, the witneffes who are fummoned m behalf of the State and did attend,
ses to be paid Aiali be paid by the State; and the courts are hereby required to enter the names of fuch witnelFes on
by ike State, record, a certificate of which made by the clerk of the court fhall accompany the certificate of allow-
ance, and fhall be made under the fames rules, regulations and rellri(Slions,^as is required by the be-
fore recited a£t.
III. Beit further enaSled by ihe authority aforesaid. That in future no cafes fhall be confidered as com-
ing within the purview of this aiSl, that would not affefl the life, limb or member of the person charged
in cafe of conviftion, or that would not authorife the court to inflidl corporal punifhment ; and that
fuch offences, and no other, fhall be confidered as capital oflTenees, and that witnefles already in thefe
cafes only (hall be paid by the State.
Certificates to IV. Be it jttjther enacted, That certificates for the attendance ©f witnefles in behalf of the State for
-be P'"'^"'^^^^''' which payment is demanded, (hall be f refented to the Comptroller for payment within two years after
^^ °' '' thfi fame fhall have been proved in court ; and that it fhall be the duty of the clerks of the fuperisp
courts to annex the witneffes certificates to the one by them giver, ftating whether the perfon charged
was tried, convicted or acquitted, as the cafe may be.
.V, Beit further eftaSled by the authority aforejatd. That fo much of th-3 before recited ai^ as author- 1 804. 2't5
tfes the payment of w"u"nefles in the courts of pleas and quarter feCions be, and the fame is hereby re-
pealed and made void, except as to petit larceny.
An act to repeal so much of the tenth section of an act passed in the year one thousand seven hundred and ninety, ^^hap 2(L
/fi>e, en'itled " An ac\ to amend ihe laws h«ie ofoie palled conce-.nitig coiiit Uoufes and piiroiis, and ' _,
to provide for the I'Afa keeping and humane treatraent of peif>ns in confinement," aj t.ict£j f/is H;im* "*"P'"^»
tier -if 'hivn^r ^'lardi, a'ulti di^-ect how in future compensation shall bi made them,
■HERE AS by the before recited a£l:vthe Public Treafurer is required to pay guards over criminals
where any of the diilriiSl gaols are deemed infufficient for the fa fe keeping of thofe committed to
them, whereby large fums are annually drawn from the public cheft, and thofe diilridis which have
been attheexpence of building good and fufficient gaols are again equally tax.ed with thole that have
not, which makes the faid law unequal in its operation ; For remedy whereof,
-Si? it enaEied b^ the General AJfembl') of the Sfate of North Carolina mditis hereby enaBed'^y the authority
of the fame. That from and after rhe firfl: day of April, in the year one thoufand eight hundred and llx, I'art of s s»ci.
the above fe£tion, or fo much of it as relates to the payment of guards out of the Public i'realury, ihall "j" repealed^
be repealed, aid have no farther operation.
II. And be it further enarteu by the authority a'oresaid, That from and after the faid firft day of April-,
one thoufand eight hundred and fix, thit when diftrift gaols are infufficient for the fafe keeping of cri- Expencfsof
minals who have committed crimes in faid di{tri(£l, and a guard Ihali be required, that all expence ari- guards to be
fing therefrom fliall be paid by a tax on the feveral counties compofing faid di(tri6t ; which (hall be ap- 1^^',^,''^^.^ '^*,
portioned in the following manner ; The county wherein the diftrjdt gaol is fuuated fliall pay three counties of the
fhares or dividends, and every other county in faid difiri£l one {hare each ; which fliares are to be rcgu- distria.
lated according to the amour.t of public taxes paid into the Treafury of this State in the preceding
year.
III. And he it further enaBed, That it fliall be the duty of the clerk of the fuperior court where a dg^k of the
Colie£tion of mo'iies is necelTiry to defray the expenfe of faid guard, to furnilTi each county court of faid tju^euoi- Court
diftrid\ with the amount of their relpecS^ive fliares or dividends under this a£l ; which faid county courts '■° 'urni=h ae-
are hereby directed and empowered to lay a tax on each poll, every three hundred acres of land, and '^''""^s-
every hundred pounds value of town prcperty, the fame fum on each, equivalent to the fum required.
And the flieriffs of faid counties are hereby amhorifed and diretted to coliedt the fame, in like manner
as other public taxes, for which he fliall be allowed a commiffion ot fix per c«nt, and the taxes fo coilefl-
ed, the faid (herlfF fliall pay ov-r to the clerk of the fuperior court of faid diltrid, and the faid clerk
is hereby dire£led to receive the fame,, and to ;)ay it to thofe perfons refpeflively who may be entitled
thereto. **
IV. And be it further ena&ed^ That the faid clerk, m afcertaining the expence of any guard or guards, Tnt exT>^n«e
ftiall be governed by the aforefaid a£t of one thoufand feven hundred and ninety five. governed by ^
V. And be it further ena.aed, That the clerksof the faid fuperior courts, in cafe of failure of faid flier- Q^^^^^'/^af^
iffs to account for the taxes by them coUefted, fliall have po-wer and authority, and are hereby direded of failure to
to inftitut^ a fuit or fuits for the recovery. thereof. bi.i g iuit.
.VI. And be it further enaBedy That if the faid clerks fliall fail or refufe to pay the monies by them ^^^^^^
received under this aft to the perfons entitled to the fame, fuch perfons fdall be entitled to recover the against cktks.
fame by a motion to the faid fuperior court, the complainant giving the faid cleik ten days previous no-
tice thereof.
VII. /ind be it further enaHedy That the clerks of the feveral fuperior courts in this State, who fliall Their duty*
receive any monies under this a£t, (hall, at the firfl: court that fliall happen after the firft day of Janua-
ry in each and evwry year, make out two fair and corred ftatemcnts of the fums by him received and
paid out, one of which he fliall return to the faid court, and the other fliali be put up at the court-houfe
door of faid diftridt iu term tinae.
SP
2ii I'S'lt'. An act to emeni an act, eniitkd*' An a?l cnnLern'iii^ proving cf wills and graBtinp^ letters oT a^mlni^ratio-*,
1.^^-v^j an:! 'o prtvtnt frauds m Cie niJiugemenl of initdaies eilalei," passed in the year ona tluu cad s dl«
CHA?. 27. huni ed rrd eighty n'ne
Vo . I 475. "^"^THEREA-S the fifth fe£^ion of the before-recited aft requires every executor and ftdininiflrator,
loCa. 15. V V to advertifc; at the court hoiife of the county where ihe decealed ufually dweit at the time oF
Jiio death, and other pubilc places in (aid county, and at thedittricl cour^houfe at the next diftrict fu-
perior court of iaw iiaJ equity held for the diftridl in which faid county ra.iy be, for all perfons to rjiini'
their accounts and deinands of every kind and denomination to the faid executor or adminillrator, but
hath provided no way by which fuch executor or adminiftrator Oiail prove fuch adveriifing :
Be it therefore enat'led hy the Gtn^ral Ajfembly of the State of North Carolina, and it ir hettby efia^led by tlje
'Executors and authority of the fame, That every executor and admin-iflrator fliali take a copy or copies of the advertiie-
Aclmin!s;"a:oi-s'rnents which he, ihe er they fhall put up, or caufe to be put up, in purfuance of the above-rtciten ad^
ti taice a copy ^hich copy or copies, with an affidavit made thereon before iome Juitice of the Peace of the county in
tibement pu) up ^^^ich advertifements are by faid a£i; directed to be made, by fo.ne competent witr;cfs, Itating therein
npursimnce of the time and times, and place and places, when and where the faid advertifements were fee n iliai],
Ihe above a<!i ^j (he term of that county court next following that in which any bit will and teltament Iha'l have
filed^'Vore' ^^ been admitted t-o p»bate, or any adminitlraiion fiiaU hive been granted, be 61ed in the office of the
■Ckr/:'o ofike. clerk of faid court : And che faid copy or copies attefted as aforefaid, fhall be confidered as a record of
i"aid court •, and the fame, with a certificate ef the clerk thereof certifying that the faid copy or copies
was or were filed ait the time herein required, fhall be received as evidence in any court of Liw or equi-
ty, or before any o'.herjurisdidion in this State : Provided always, that nothing herein contained fliaM
■be Co conftrued as to preclude any executor or adminiftrator from proving his, her or their co iipliance
with the requifites of the fifth ledtion of the faid recited a£t, in any other manner wiiicia may be <ltem-
«d competent by the fuperiox courts of law and equity of this State.
t,e, An cci toreh:alsj m xli of an act pa:si3 in the year om thousand seven hmired and fjrtj cne, as exempts^
Constahl's from p
^j. ^.i\'injif provincial, county an. t parish taxes.
BE it enaSiidh ike General /ijfembly of the Sfateof North Carolina, and it is hereby ena^ed by the aufhon-.
ty *s/ the fame, That from and after the paflTmg -of this ad, all acts and clauses of afts that gi'anc t9
conftables exemption from the payment of taxes, be, and th? fame are hereby declared *oid and of none
€flAP
Vci. i.4r.
Former afl re-
pealed, conltaoies exemption irom cne paymeni or laxes, oe, aiiu uit- lamc a
cffeol j £ny law, wfage or uilioni to the contrary notwithllanding.
•An act for the furthf limitation of actions,
■CHAP, 29 . -y^ j; If efiaBed 'hy the General Affembly of the State of North Carolina, and it is hereby enaEled hy ih; aul^jri.
v/' ''I'^f^d* S^^y of the fame, That from and after the pafTing of iliis aft, when any perfon or perfons againfl whom
*nfls bt)lA ttiere'is caufe of action, fhall be beyond fea at the time of fuch caufe of aftion given or accrued, fallea
»ea. or come, that the perfon who fhall have fuch caufe of action, m ly bring their action againtt them with-
in fuch time or times as are limited for bringing fuch actions by the act of one thoufand feven hundred
«nd fifteen, after their return.
SO Anect to exempt all regular-bred T/iysidans, or Practitioners rj Physic and Surgery, fr9m ser'oing es Jurorsy
either in the county o> superioi courts,
,E it tnaSled by the General Ajfembly of the Hate of North Carolina, and it if hereby ena&ed by ihe au'hori-
ty of the fame, That from and after the the pafTuig of this adl, all regular-bred phyficians or prac-
Physicians ex- ^j^,,(,js of phyfic and furgery ih^U. and they are hereby declared to be exempt from (erving as jurors,
juYscnicT either in the county or fuperior courts of this State ; any law or cuftom to the contrary notwithltand,
ing.
«HAP SI An act to repeal the second section of an act passed in ^he year vne thousand seven hundred and ninetv-eightf
,t p 1'3. entitl-d " '\n a6\ '''' !ic prtv<iiiioi> of Vice am] ImnToraliiy, by fuppvjllur^ exr- (Vive Ramii.jr "
" *' "WyY. it en iBed by the General AJftiribiy of the State of North-Carolina, and it is hereby enaSled by ihe authsrify
Tormer aft r--- X^f of the fame That fo much of the above recited ad as*efpe6ts billiard tables be, and the Xame i»
Pi&altd. hereby repealed and made void,
IT. And he )tfu,iht'r ena^ed hy the euthiftty ahrefald^ That from and aftei the palRng of this il\^ it IW&l^ ^4-S
ihall anti may be lav.fal for any perfon or perlons in the State aforefaid, to ere(ft and keep a billiard table, o«-v«»J
vin he, flic or they payirg a tax of twenty five pounds annually for each table fo eretled ; to be collec -* "■'^ oi i61,»
ted and accoiuite-! for as other public taxes ; any law, ulage or cuitom to the contrary not^ithitanding : >'^''
PrcvidfJ, that nothing in this ACk contained, fhall be fo conftrued as to repeal any part of an a£l, enti- ^ '*
lied <' An act to prevent gaming tables in tJie neighbourhood of the Uuiverhty.'*
/In act lo •emend the lexiera' P' ocession'ng Lctvs of t/iis State, -CHA?. SS.
'HERE AS inconvenience? and difficulties arife under the prefent proceflaoning law, as to the Vii. l. 29 3S.
manner of proceffioning traQs of land that liie partly in one county and partly in another : For ^''"*^ P- '^^'
remedy whereof,
Be it er.ar^ed by the General ifjf:mbly o( the State.of North Carolina and it i r het shy ena8(d by the authority
oi the fiim;^ That hereafter it fhall beiawful for the procefiioners of the difliift in either county, on ap- certain ia^ds
plication of any peribn who may have lands fo divided as aforefaid, lying partly in his faid diftrift, to {i'scesEidacd.
proceflion the fame, under the fame rulo?, regulations and reltridiione as heretofore etlab'iftied by law.
And whereas the a£l pafled in one thoufand feven hundred and ninety. two, lequired that procef-
iioners fliould be appointed at the fird court held in ejch county after the tenth day of May, one thou-
fand fc'ven hundred and ninety three, and only provides for the fupplying vacancies in cafes of ap.
pcinrments agreeably to the tenor of the laid aci, and it is reprefented that fuch ajppoiatmcnts did not
take place in all the counties of the State \ ■C'>urttoap-
II. Be It further tnaff^d, That it ftiall and may be the duty of fne county courts to appoint procef- P.°'" pi'oces-
:fioners >\'henever application is made for the fame, and to fill ovacancLes agreeably to the faid law^ swners.
CHAP. 33..
An act torevive and tsntinue infirce an act passed at Raleigh, in ihs vear of oar Lord 179S, enituled, " An Ante p. 77,
afct g'uins fir her limefor 'he i esj;i Ilia i ion nt'cer'ain deeds ilTued riom Lord Gianvilie's- Office."
WHEREAS many of the good people-of this State have not availed themfelves of the benefits of
the faid recited aCt, and it would be juih and right t^.at the petfons holding lands under fuch
■deeds 'fhouid have the privilege of perp;?tuating the fame : ,
Be it therefore enacted.by the General Ajf.tnbly of the Stale sf North Carolina and it it hereby enaEled by the CsniinuancCi,
authority of the /amf, That from and after the paffing ot this aft, the faid recited adl fhall be, and conti-
liue in full force and operationfor two years hereafter ; any ,thi;i^ in the before-recited a£t to the con-
trary uotwithilaiiding,.
An act tjiraorpjrate two companies for ^the p-'rpose (rf-cutti-ng a Navigable Canal from Rosnake 'R'ver to ■^■^'^- cHAF. Zlk.
/urr^n Jiiver, and unother i\uvigaolc Canai f-om iScnnct's Creek., in iiiti St-a'.dyto A'ansemor.d River, in the
S'ate of Vt'i^inia.
WHEREAS the op3ning of aNavig^sbie Canal from "Roanoake -River to Meherrm River, and from
Bennel' Creek, m this State, to Nanlemond River, in the Slate of Virginia, fo as to form oy
the mod prac icable plan, a water communication between the faid rivers Roanoake and Nanfemondj is
an object of great importance to the interior commerce of a large portion ot this State vnd of Virginia,
and many perfonsin both States are willing to fubfcribo large fums of money for the putpofe of effect- ,
ing chofe beneficial works, and it is juH and proper t^iat they, their heirs and affigns, fhould be empow-
ered to receive reafonable tolls, in fatisiaction for the money advanced by them in carrying the faid
works into execu'.ion. and the risk they run : and whereas, by a refolution of the General Affembly
o Virginia palT^ J on the fouith day ot January one thoufand eight hundred and four, five commif.
fioners were appointed, any three of whom were empowered to wait on this General AflVmbly, and to ^
-cncer into reafonable ftipuiations relative to the opening of the canals aforefaid, fubje£l co the confide-
r^tion ot theiespeiStive Legiilttures of Virginia and North Carolina, and Thomas S.vepfon, Robert H,
Fit. it r iiid William Moiiford, Efquires, three of the faid comraiffioners have accordingly attended the ^
pr^Ti ut .General .ileaibly, and on a conference with the faid gentlemen by a joint committee of the Se i^Tj!^^^^'
<i\ c ann HouCe of Coramuns, the following ft ipulations have been mutually agreed upon, and approved stat«:i,
by the f<iid cummilfioueis on the part of Virginia, and by the laid committee of both lioules, v;z Firft,
sti tare ot Virginia a;iiees, cnat no reftriftion, duly orimpoft fliall be laid on any commodity which
ib-tiie growth, proauce or m«uufa6ture of the State of North Carolina, brought through the faid ca»
M6 13S4. nals, or either of tBem, for fal'e or exportation, and that the fame maybe fold orcxported without rev
v.,.»-v-<«j inspeiElicn. Secor.flly, theStafe of Virginia agrees that the waters of Roanoake river, and all its bran-
ches, and all the waters eommunicating with Albemarle Sound, as far asAe fanno are in Virginia, (hall
he forever confulered as a common highway free for the ufe and navigation of veffels belonging to the
State of North Carolina, or any of its citiz<»ns, and that they (hall not i>e therein fubje£t to the pay-
ment of any toll or chargevvhateyer, impofed for the purpofe of railing revenue. Thirdly, the State
of Nor;h- Carolina agrees, that the waters of Roanoake ri"er, and all irs branches, and all the other wa-
ters communicating with Albemarle Sound as far as the fame are in North Carolina, {hall be forever
considered as a common highway free for the use aad navigation of vj^Hels belonging to the State of Vir-
ginia, or any its citizens, and that ihey fliallnotbe therein fubjeft lo the payment of any toll or charge
whatever, impofed for the purpofe of raifing revenue. Fourthly, the State of North Carolina agrees,
that no reftri£tion, duty c/' impoft {hall be laid on any commodity v;hich is the growth produce or man-
nufatlure of the State of Virginia, pa{ring through the aforefaid viaters, or any of them, to the faid ca-
nals or through the faid canals, or eiiher of them, for fale or experta'ion, and that the fame may be fold
cr exported without re in{peciion. In thofe articles whore it is expre{red that no duty or impoft is to be
laid for the purpofe of rai{]ng revenue, it is not to be underllood that the impofition of tolls foY the
purpofe of improving the navigation of the {aid waters is prereni-ed. Laftly, the citizens of each of
the faid two States may have the ufe of the infpe£tion of th,? other for the purpole of re infpe£ling any
damaged commodities which have paiTed through the faid caaals, or either of them, on paying the price?
of re infpeftion, and no more.
And whereas this General A{rembry are of opinion, that the faid {lipalations are made on ju{l and
mutual principles of the true inrerefts of both States :
Be it thtrejore enaEled, That the faid {tipulations are hereby aporoved', confirmed and ratified by the-
General Affembly of the State of North-Carolina and- that every part thereof {hall be obligatory on this
State and the citizens thereof, and {hail be forever faithfully and invioiat^ly preferved and kept by this-
looks to be 0- Government and all its citizens, according to the true intent and meaning thereof.
2ened. It* /^nd be it further enaded by the General Affevihly o ' the State o; Niitth Carolina and it is hereby tna lei
by the authority of the fame. That it {liali and may be lawful to open books in the counties' of Stokes,
Rockingham, Cafwell, Perfon. Granville, Warren, Halifax, and Northampton under the, management
of William Barnet in Stokes, Robert G-<illoway \n Rockingham, Solomon Graves in Cafwell, James
Cochran in Pe»rfon, James Vaughan in Granville, Marmaduke Johnfon in Warren, John Eaton in
Halifax, and Laurence Smith in Northampton ; and unde the man.igement of fuch perfons, . and at
fuch places in Virginia, as fhall be appointed by tint State for receiving and entering fubfcriptions to
the amount of one hundred thoufand dollars, tor the purpofe of accompliflung the canal firll above"
mentioned : v/ ich fubfcription fiiall be made perfonally or by po"ftr of attorney ; that the laid books
fliall be opened for receiving fubfcriptions on the {ir{l Motid ly in May next, and continue open urlcil
the {irfl: Monday in May in the year one thoufand eight hundred and fix, and on the faid lafl mention-
, , ed day there {hail be a general meetinff of the fubfcribers at Willinmfborough, in the State of North-
tig™ ' Carolina ; ot which meeting notice {hall be given by the faid managers, or any three of them, in the
Gazettes of both the aforefaid States, at Iea{t one month next before the fjiid meeting, and Tuch meeting
fliall and may be continued from day to day u til the bufinefs is {ini{hed An--' the a£ti"g managers {hall
at the time and place aforefaid, lay before fuch of the fubfcribers as fliall meet according to the faid
notice, the books by them refpeclively kept, containing the ftate of the faid fubfcription, and if one half
„ . of the cayi al fum aforefaid {hould on examination appear not to have been fulfcribed, then the faid
Manner of ma- ^ , , , . , i r • ■ i t ■ r • ■ a • /l j
aagin-^theSi'L. "managers are empowered to take and receive fubfcriptions to make up the deficiency. And a juit and
satjscnpt^oii, true lift of all the fubfcribers, with the fums fubfciibed by each, {hall be made out and returned by the
faid managers or any four or more of them, under their hands, into the fuperior court of the diltri6t of
Hillfborough, and into fuch court as the State of Virginia {hall dircfl, to be there recorded. And. iri
caf more than the faid fum of one hundred thoufand dollar-^ {liall be fuhfcribed, then the fame fhall be
reduced to that fum by the laid managers, or a m jority of thenii, by beginning at, and ftriking oS from
the large{t fubfcription or fupforiptions, and continuing to ttrike ofFa iliare from all fubfcriptions un.
der the largell, and above one {hare, until the fum is reduced to the capit.l aforefiid of one hundred
thousand dollars, or until a fhare is taken from all fublcriptions above one (hare, and lots ftiall be drawg
feetwreen fubfcribers of f qual fums to determine the numbers in which fuch fubfcrlbers fliall ftand on a 1 804'. 24T
lift to be made far ftriking off as aforefaid ; and if thefum fubfcribed ftill exceeds the capital aforefaid, i^,f-r-^
then they (hall ftrike oft by the fame rule until the fum fubfcribed is reduced to the capital afordaid, or
until all the fubfcribers are reduced to one Ihare ; and if there ftill be an excefs, then lots (hall be drawn
to determine the fubfcribers who are to be excluded to rediwre the fubfcription to the capital aforefaid ;
which ftriking"oft ftia 11 be certified in the lift aforefaid» And the faid capital fuift (hall be reckoned
and divided into one thoufand (hares at one hundred dollars each, of which every perfon fubfcribing
may take or fubfcribe for one or more whole fhares, and not otherwife : Provided, that utilefs one half
of the capital fliall be fubfcribed, all fubfcriptions made in confequence of this adl Ihali be void ; and
in cafeone half and kfs than the whole of the faid capital (hall be fubfcribed as aforefaid, then the Pre-
Gdent and Dire£i:or& are hereby empowered and dire£led to take and receive the fubfcriptions which
(hall be firft offered in whole ftiares as aforefaid, until the deficiency (hall be made up ; » certificate
of which additional fubfcriptions fhall be made under the hands of the Prefident and DireiSliors, or a
majority of them, for the tinte being and returned to, and recorded in the courts aforefaid.
III. And be it enacted^ That in cafe one half of the faid capital, or a greater fum fliall be fubfcribed as Subscriber* iav
aforefaid, the faid fubfcribers and their heirs and afOgtis, from the time of their faid firft meeting, fhall c&rpot aied.
be, and are hereby declared to be incorporated into a company by the name of The Roamahe Company, and
may fue and be fued as fuch ; and fuch of the faid fubfcribers as (hall beprefeut at the faid meetings or
a majority of them, are hereby empowered and required to ele£t a Prefident and four Direftors for con- p^esi^e^t a»
dueling the faid undertaking, and managing all the faid company's bufinefs and concerns, for and dur- Direaois t»
ingfuch time, not exceeding three years, as the faid fubfcribers, or a majority of them fliall think fit ; appointed.
and in counting the votes of all general meetings of the faid compaiiy, each member fhall be allowed
one vote for every fhare as far as ten shares, and one vote for every five fhares above ten by him or her
held at tfcetime in laid company; and any proprietor, by writing under his or her hand, executed before
two witneffes, may depute any other member or proprietor to vote or a£l as proxy for bim, or her in any
general meeting.
IV. And be it enacted i That the f? id Prefident and Direflors fo eleQed, and their fucceflbrs, or a ManneVofv*-
majority of them affembled, fha 1 have power and authority to agree with any perfon as perfon<! on be- '«'5.
half of the faid company, to cut the faid canal and to ere£t fuch locks, and to perform fuch other
works as they (hall judge neceffary for the navigation of the faid canal and carrying on the fame from
place to place, and from time to time, and upoH fuch terms and in fuch manner as they fhall think fit ;
and out of the money arifing from the fubfcriptions and toll, topiy for the fame and to repair and keep in
order the faid canal, locks and other work* neceffary thereto, and to defray all incidental charges ; and
alfo to appointa treafurer and clerk, and fuch other officers, toll-ga;htrers, managers and fervan's as they
fliall judge requifite, and to agree for and fettle their refpeftive wages orallowances, and fettle, pafs and f^"f/^^^,
fign their accounts •, and alfo to make and eftablifli rules of proceeding, and tranfadl allthe other bufinefs cmung^saiiT
and concerns of the faid company in and during the intervals between the general meetings of the fame, canal, &c,
and they fhall be allowed as a fatisfacSion for their trouble therein, fuch fum of money as fhall by a
general meeting of the fubfcribers be determined : Provified always^ that the treafurer fhall give bond Treasurer's
in fuch penalty, and with fuch fecurity, as the faid Prefident and Diredors, or a majority of them fhall bond,
direft, for the true and faithful difcharge of the truft repofed in him; and that the allowance to be
made to him for his fervices fhall not exceed three dollars in the hundred for the difburfements by him
made. And that no officer in the faid company fhall have a vote in the fettlement or paffing his own
accompt.
V. And be it enaSied, That the faid Prefident and Direftors, and their fucceflbrs, or a majority of them, ^^^^^ ^^ .
(hall have full power and authority, from time to time as money (hall be wantiiig, to make and fign or- q,^" ^ ^^^^ ''^*
ders for that purpoi'e, and dire£l at what time and in what proportion the proprietors (hall advance and money and or-
pay off the fums fubfciibed, which orders fliall be advertifed at leaft one month in the Virginia and er what ad-
North Carolina Gazettes. And they are hereby authorifed and empowered to demand and receive of ^^^^ '° •»=
the feveral proprietors, from time to time, the fums of money fo ordered to be advanced for the carry-
ing on and executing, or repairing and keeping in order the faid works, until the fums fubfcribed fhall
be fully paid ; and to order the faid fums to be depofited in the hands of the treafurer, to be by him
difburfed and laid out as the (aid Prefident and Direaors, or a majority of thero, fliall order and direa
30,
'34S ItOi!.
*Eici
Oath of office,
Qjiorum at a
fcneral meet-
JJisJdends,
Extra meet-
ings.
Books where
■avid -when
And if any of the fald proprictofs fiull refufe or negledl to pay their faid proportions within one montk
atier the faiine is fo ordered and advertifed as aforel'aid, the Taid Prefident and Diredtors, or a majority
of th-jm, may fell at au£tion, and convey to the purchafer, the ftiareor fhirea of luch proprietor fo refu-.
Cng or neglecting payment, giving at leaft one month s notice of the fale in the Virginia and North Ca-
rolina Gazettes : and afier retaining the fum due and chargts of fale. out of the money produced there-
by they fhall refund and pay tiie overplus, if any, to the former owners ; and if fuch file fhould not pro.
duce the full fum ordered and dire£led to be advanced as atorefaid, with the incidental charges, the faid
IVeiideiu and Directors, or a majority of them, may, in the name of the company, fue and recover the
balance, by mo-ion, on ten days previous notice. And the faid parchaferor purchifers fhall be fubjedl
to the fame rules and regulations as if the faid fale and convey>*nce had been made by the origiaal pro-
prietor. And to continue the fu:ceilion of the faid Prefident and Direitors, a»d to keep up tne iame
number:
VI. Bei- cna^fd) That from time to time, on the expiration of the term for which the faid Prefident
and Dire£loTS were appointed, tlie proprieters of the fnid company, at the next general meeting, fnail
either continue the faid Prefident and DireiJtors, or any of them, or fnall chufe others in their Head j
and in cfe of the death, removal refignation or incapicity of the Prefident or any of the Directors, may
-and (hall, in manner aforefaid eleft any other perfon or petfons to be Prefident and Directors, in the
Tcom of him or them fo dying, removing, refigninj, or become incapabL' of a£iing ; snd may at any of
their general meetings, remove the Prefident or any of the Directors, and appoint others for ,'.nd during
the remainder of the term for which fuch perfon or perfons weie at firil to luve adted.
VII. /nd lie it enaSied. That every Prefident and Diredlor, before he a£is as fuch, fliall take an oath or
aflirmttion for the due execution of his oilice.
VIII. And be it <fiact.d, That the prelence of proprietors having fix hundred (hares at leaft, (hall
be recefTary to conftitute a general meeting ; and that there be a general meeting of the proprie-
tors on the tirft Monday in May in every year, at fuch convenient places as (liall , from time to time
be appointed by the faid general meeting; but if a fulHcIent number fhould not attend on that dayj
the proprietors who do attend may adjourn fuch meeting from day to day, till a general meeting of
proprietors (liall be had, which may be continued from day to day, until the bufinefs ot the company
is finifned : To which meeting the Prefident and Diredtors (hail make report, and render diftintt and
ju(t accounts of all their proceedings; and on finding them fairly and juftiy ftated, the proprietors Iheii
prefent, or a majority of them, (hall g'te a certificate thereof, a duplicate of which (hall be entered on
the faid company's books, And at fuch yearly general meeting after leaving in the hands of thetrealur-
er fuch fum as the proprietors, or a majority of them, (hall judge necefiary for repairs and contingent
charges, an equal dividend of all the net profits arifing from the tolls hereby granted, fliall be ordered and
made to the proprietors of the faid company in proportion to their feveral (hares. And on any emer-
gency, in the interval between the faid yearly meetings the Prefident, or a majority of the Dae6tors,
may appoint a general meeting of the proprietors of the company, at any convenient place, giving at
leaft one month's previous notice in the Virginia and North Carolina Gazettes^ which meeting may be
adjourned and continued as aforefaid-
I'i.. And he it further enaSfed, That it ihall and may be lawful to open books at Murfrtefborough, ia
Hertford county at Windfor, in Bertie county, at Edenton and alfo in the countv of Gates, unuer the
management of Hardy Mur'freeatMurfreefborough, of William Cherry at Windfor, of NatlunielAlle.; at
Edenton, and Wells Cooper in Gates county,- anl under the management ri[''uchperfons,anaatfucli pla-
ces in Virginia as (hall be appointed bythatState, tor receiving and entering (ubfciiptions totlie anaouut of
(evenly thoufand dollarsjfor the purpofeof accomph(h!ng a \avigible ^^dnal from Bennec's creek, in ihis
(laie to Nanlemond river, at Suffolk, in the flate of Virginia, which fublcriptionsiQiall be made per'-iinliy
■or by power of attorney ; that the faid books (hall be opened for the receiving of lubfcri]>uv)n ^n th nut
Monday in May next, and continue open till the firll Monday in November foi owing, on wiiich day
there (hail be a general meeting of all the fubfcribers at rfufF^lk, of which meeting no. ice ihJi be giv-
en by the faid managers, or any threeof them, in theGazettesofVirginia and Norih-Carolina, ai leall;
one month next betore the said meeting ; and fuch meeting (hall and may be continaea Irom day to
Jday until the bufinefs is finilhed. And the a£tingmanafieroa< the faid meetings (hall in ;direfpeclb co:u-
|)ly with, on4 be guided by the regulations relative to the arrangement of the Ihares, aud rnakia^ a xiSL
the
fecond fe(flion of tTiis aifl conterniig the iSOi, 24$
ly ; except that the lilt of the fu'ofcribers, and of the fum fubfcribed by each, (hall
fuperior court of the diflridi of Edenton, and to fuch court as the btate of Virein-
sdTtTie fubfcrit>ers, and other dir4(!lions contained in
Roanoake Company
be returned to the
ia fliiil dire£l, to be there lecorded.
X. And be it enac?<fci. That in cafe one half of the faid capital of feventy thoufand dollars, or a greater
fum, {hall be fubfcribed as aforefaid, the faid fubfcribers, and their heirs and affigns, from the time of r •<. •
ike faid fitft meeting Ihall be, and are l^reby declared to be incorporated into a company, by the name crujw'ated! *'*'
olThe Nansemona Canal Companyt and may fue and be fued as fuch. The faid company fhall ele£t a
Prehdent andfour D.re>a:ors, in the fame manner as the Prefideat and Dire£lors of ths Ro inoake Com-
pany are to be elefteJ, in purfuawe of this &€i ; and all the regulations and provifions contained in the
thiidj fourth, fifih, fixch, feveiuh and eighth fediions of this aft, relative to the Roanoake Company, flnll
alfo be applicable to the faid Kanfemond Canal Company, And they ilaall be goveriied by and comply ,
with the fame in the management of the affairs ©f the faid corporation; Provided, that the prefence of
the fubfcribers holding four hundred (hares only, fhall be neceflary to conflitute z general meeting of
the faid Nanfemond .Canal Company.
XI. Jnd be it enaSied, That for and in confideration of the expences the faid proprietors will be at,
not only in cutting the faid canals, erefling locks, and performing other woriks neceflary for this navi- The canals &c
gation, but in maintaining and keeping the fame in repair, the laid canals, locks and other works, with v sted for 130^
3II their profits, fhall be, and the fame are hereby veiled in the faid proprietors, their heirs and afligns, ^^*"'
for one hundred and t^venty years, to be computed from the completion of the faid v/ork, as tenants in
common, in proportion to their refpeftive fliares, and for the faid term of one hundred and twenty years,
fliall be exempt from the payment of any tax, impofition or afleflment whatever. And it (hall and may
be lawful fov the faid Prefidents and Diredtors, refpe6l;ively ; and at all times for the term aforefaid,
to demand and receive, at fome convenient place near one of the extremities of each canal, for all com-
moditieo tranfported through it, tolls accorduigto the following table and rates, to- wit;
Comm7diii:s tratnported.
! -Ra'es of Toll
I for the
Roanoake Canal
i Cents.
Every pipe or hoJ>;^'head of
wine" coniain'uig more ilian
fixty five gallons, seventy five
Every hugbhsad of rum, or
other fpiiits, fifty
Every hoi^shead of tobacco, lor y two
Kvery hogshead of moUires, thirty three
liverv hogatfeadorbui 01 malt
liquor, thirty three
Eveiy calk betwen fixvy five
and thirty five gallons one
halfofapipeoi hogbUead;
every bairelont four h part|
and every fmuiler chfk or' ,
■keg in propotiion lo h«'
quanuty and qualit) of '.hciri
con'.eiiib- I
Ever) dozin bottled wine, two
Every doz^n bouieci mall li-
q lo', 'VV3
Every bulhi^l of wheat, pe;i&.
btaus, rice or BiX Iced. one and half
Every buihcl v.1 ludi-.n corn,- ^
or o.l^cr i;i am or f^l',, ,on€ and half
SLvfirj bavrtl wf poik» Xweht k hali.
Rates of Toll
f jr the
Nfansemond do.
Gents.
fifty
lorty
hirty three
.wenly five
twenty five
Commodities tranipcrted.
i Hates of Toll [ Rates of Toll
'or the I for the
Rr,9. oa e CaaallNansemodd do.
Cenis. cents.
me and half
jne aiui half
ne
eight & half \
Every hundred bufhtls of
lime or of fhells, uiirty three
Every thoufand bricksor tile ' fifty'
Every hundred of pipe ftaves twelve & half
Every hundred of hoglheac
ftaves, or pipe or hogQiead
heading,
Every hundred ofbarrel ftaves
or barrel heading,
Every thoufand Ihingles from
18 to 24 inches.
Every thoufand three feet
fhmgles,
Every thoufaird clap boards
or poles,
Eveiy co^-d of firewood,
Every hundred cubic feet c
plank or fcanUing,
Every hundred cubic fe€t t.
all other timijer,
Every hundred weight 0
brown or clayed fugar,
All other produce, good>
wares or merchandize on
fourth of one jper cent.
eight
fix
eight
seventeen
seventeea
-ight
seventy five
ixty three
ight S( half
twenty five
forty
eight & half
ffx
four
fix
twelve & half
twelve £ihal£
fix
fifty
forty-two
live and ha]£
Every bafrcl ©f beef,
Every barrel offifh,
Every barrel of flour,
Every barrel of tar, pitch
turi>enune or rofin.
Every calk of linfeed oil, or
fpirrts of tHrpentine, the
~ fame as inolalfes.
Every ton of bemp, flax, poi
afh or bar-iron.
Every Ion of pig-iron or cafl
rngs,
Every ton of copper, lead o
other ore, other than iron
Every ton of (lone of ironort
other thun the ballaft oi
the vefTel.
Every chaldron of coals,
iight 8c har
'•'ght
welve & hall
five
feventy five
wenty five
rifty
welve k half
ieventeen
've k half
fix
iight &balf
hree
fifty
leveniccn
forty
eight & half
twelve & half
^Tery boat or veffcl ercee fl-
ing one ton burthen, which
has not commodities on
board la yield fo much, ex-
cept an empty vetrel or
boat returning, whofe load
has already paid the loll,
in which cafe (be u to re-
pafa free of loU, leigKty
Every car.os, boat or veflel
under one ton burthen
which has notcommodl'ie^
on board lo y ield fo much
except as in the precedmj^
article excepted, ihirty three
Every hundred weight of In
digo, ^twenty five
fifty five zmi
J half
twenty five
feventeen.
Fenalty^
wity.
And in cafe of refufal to pay the tolls at the time of offering to pafs the places aftwrefald, and preriou*
to paffing the fame, the coUeftors refpedively may lawfully retufe paflltge to whatever refufes payment j
and if any veffel (hall pals without paying the toll, then the faid coileftors refpeftively may feize fuch
reflel and fell the fame at audian for ready money, advertifing the faid fale prerioufly one month ;
the money arifing from whichy fo far as is neceflary, fhall be applied towards paying the faid tolls and
all expences of feizure and fale, and the balance, if any, Ihail be paid to the owner, and the perfoit
having ihe diredlion of fuch veffel ftiali be liable for fuch tolls if the fame are not paid by the fale afore-
faid.
Thecsnrlsto XL ^fid ke it enaaed, Tlizt the (lid camhf and work? to be ere£ted thereon in virtue of this aft,
be^public high- when completed, fhall forever thereafter be efteemed and taken as public highways free for the tranf-
portation oi all goods, wares, commodities or produce whatfoever. on payment of the tolls impofed by
this aft ; and no other toll or tax whatever for the ufe of the water of the faid canals and the works
thereon ereded, (hall at any time hereafter be impofed without the confent of the Legiflatures of both
Virginia and North Carolina.
And whereas it is neceffary for the making of the faid canals, locks and other works, that a provi-
fion fhould be made for condemning a quantity of land for the purpofe,
XII. Be it enaSted, That it Ihall and may be lawful for the fi^id Prefident and Direftors refpeftively,
or a majority of them, to agree with the owners of any land through which the f^id canals are intended
to pafs, for the purchafe thereof ; and in cafe of difagreement, or in cafe the owner thereof (hail be a
femecovert, under age, or non compos, or out of the State, on application to any two jufttces of the
<:ounty in which fuch lands fhall be, the faid jullices (hall iflue their warants under their hands,
to the iheriffof their county to fummon a jury of eighteen inhabitants of his county, of property and
reputation, being freeholders not rel ited to the parties, nor in any manner mterefted , to meet on the land
to be valued, at a day to be expreffed In the warrants not lefs than ten, nor more than twenty days there-
after.- and the (heriff, on receiving the faid warrants, (hall forthwith fummon the faid jury, and when
met, provided that notlefs than twelve do appear, (hall adminifter an oath or affirmation to every jury-
man that ihall appear, that he will fairly, truly and impartially value the land (not exceeding the width
of nmety feet) and all damages the owners thereof (hall fuftain by cutting the faid canal through fuch
lands, according to the bed of his (kill and judgment, and that in fuch valuation he will not fpate anf
perfon through favour or afFeftion, nor any perfon grieve through malice, hatred or ill-will. And the
inquifition thereon taken (hall be (igned by the fherifF, or fome twelve or more of the jury and returned
by the (herifFto the clerk of his county, to be by him recorded ; and on every fuch valuation, the jury \%
hereby direfted to defcribe and afcertaia the bounds of the land by them valued, and the valu-
ation (hall be coaclufive on all perfons, and fhall be paid by the faid Pre(idenc and Direftors refpeftively
>to the owner of the land or his legal reprefentatives ; and* on payment thereof, the faid companies ihall
be feized of (uch lands, as if conveyed by the owner to them and tneir fucceflbrs by legal conveyance
until the completion of the faid works^ and thence forward for the term of one hundred and twentj
How to pur,
•hale land.
years; ani after th? expTa-ion of this fer.ii, t!is Tald Ian J, together with all the ineflTaages, tenements afid isoi; gji
appurtenances, {hall revert to the v'^tates of North Carolina and Virginia, refpedtively, in which the u-^v-vj
fame may lie : Provided nevfrtheUfsy that if any further damage (hall arife to any proprititor of land, in
confequence of opening fuch canals or erecting fuch works, than had been before confidered and valued
itfhall and may be lawful for fuch proprietor, as often as fuch new damage Ihall happen, by application
to, and a warrant from any.two jultices of the county where the land 1 ies, to have further damages va-
lued in like manner, and to receive and recover the fame of the faid i refident and i.iretftors ; but no-
thing herein fhall be taken or conftrued to entitle the proprietor of any fuch lands to recover compen-
fation for any damages which may happen to any mills or other works or improvements which fliall be
begun or eretted by fuch proprietor after fuch valuation, unlefs the faid damage is wilfully or mali-
cioufly done by the faid Prefident and Direftors, or fome perfbn by their authority.
XIII. Ana be it tnaBedf That the faid Prefident and Dire£lorj, or a majority of them refpeftively, wiifret© e,ect
are liereby auchoriied to agreewith the proprietor or proprietors for the purchafe of a qua(;tity of land, mceisar} bull.
not exceeding one acre for each canal, at or near the receipt of the toils aforefaid, for the purpofe of e- <^'"gs-
refting neceilary buildings ; and in cafe of di agreement or any of the disabilities aforefaid, or the pro-
prietor being out of the State, then luch land may be valued, condemned and paid for as aforefaid, and
the faid corrpany fhall, on payment of the valuation of the faid land, be feized thereof as aforefaid.
And whereas feme of the places through which it may be necefTary to condu£l the faid canals, may
. be convenient lor eie£ling mills and other water works, and the perfons pofl'eflbrs of fuch fituationsmay
defign to improve the iame, and it is not the intention of this adl to interfeie <^ith private property,
but ior the purpofe of impioving and perfedling the faid navigation.
XIV. Be it eriacted. That the water or any part thereof, conveyed through the faid canals shall not M'^ter to be u»
be ufed tor any purpofe but navigation, unlefs there Ihall be fuflicient toanlwer both the purpofes ofna- sed only itr
vigationand water works aforelaid, in which cafe, the faid Prefidents and Direftors, cr a vnajority of "*^'£*"^''*
them itfpediively, are hereby empowered and dire£ted, to enter into reafonable agvcemenis with the
proprietors of iuch fituations concerning thejuft proportion of the expences of making the canals capa-
ble of carrying inch quantities of water as may be fufficient for the purpofe of navigationj and alfo Icr a-
ny fuch water works aforefaid
XV. /ndbe it enacted, That it fhall and may be lawful for every of the faid proprietors to transfer Shares n-ay be
his ftare 01 fhares, by deed executed before two witnefTes, and regiftered after proof of the execution uanstwred.
thereof in the faid company's books, and not otherwife; except by devife j which devife fhall aifo be ex-
hibited to the Prefident and dire£lors of the company in which the floare is held, and regiftered in their :
books before the devifee or devifees fl;all be entitled to draw any part of the profits frcm the faid tolls'.
Provided, that notran.'fei whatever faall be m.ade, except for one or more whole fhare orfhaies, and
not for part of luch fliares, and that no fhaie fliall at any time be fold, conveyed, transferred or held, gut not parts
in truft for the ufe and benefit, or in the name of another, whereby the faid Prefidents and Direflcrs, o£ shajts.
©r proprietors, members of the faid ccmpt.nies, or any cf them, fliall or mj.y be challenged or made to
anfwer any fuch truft, but that eveiy fuch perfon appearing as aforefaid to be a proprietor, fhall, as to
the others of the laid ccirrpany, be to every intent taken abfoiute'y as fuch; but between any trullee
and the perfon for whofe benefit any truft fhall be created, the common remedy may be purfued.
XVI. j^hdbeit enaSiedy That if the laid capitals granted by this a£t fhall prove infufficient, it ftall ^^^ -j^, ^^^
and may be lawful for the faid companies from time to time to increafe their refpeftive capitals by the be iRcrcased.
addition of fo many whole fliares as (hall be judged necefllry by the proprietors members of fuch com-
pany, or a majority of 'hem, who fhall be prefent at any general meeting. And the faid Prefidents and
L»ire£lors, era majority cf them, are hereby empoweied and required, after giving at leaft one month's
notice thereof in the Virginia and North Carolina Gazettes, to open bocks at the before- mentioned
places, for receiving and entering fuch additional lubfcriptions, in which the preprictcrs for the time
being (hall and are hereby declared to have the preference cf all others for the fiift thirty days after the
faid books fr.ail be opened as aforefaid, of taking jnd fubfcribing for fo many whole fliares as any of
them (hall chufe. And the Jaid Prefidents and Dire£Vors are hereby required to obferve, in all other
leipedls, the (aire ru;es therein as are by this f£i prelcribtd lor receiving and adjufting the fiift fub-
fcripticns ; znd in like rrarrcr to return under the hands cf any three or more of them, an exaO lift
«i iuch additional fublci iters, with the fums by them refpe^ivc y fubfcribed, into the courts as afore-
3K
25J, I8|,lv rfJil, (o be tb?re lecor^e.-l. An! all f>ro?ifletor5 of fach addUIonal Curns {kail and areliereby declared it$
Ur^-^'be form thenceforward incorporated itito the faid corfipany. .
^^'^'Au k:. oi" ■ XVil. r/ud it is hereh-j derived and ena.led. Thai the CuUs herein before allo^ved to be demainded wiA, ■
■ttetanali. received', are g'anted and (liall be paid on conditio'-! oniy, that the fiid co-iip in;ef (hall maks th.e ref-
paclive canals ea:h c.veiitjy feet wida, aud of fach depth boio v the farf'ace ot th.-; earth, as will render
T!\.eii navi;Tible in dry fealons by valA^ dra>ving threp feet waisr, with fiiiHcient loclis where the
fame I'hall be neceiriry,
AVh-nt .bej'n X''/11I- And it if h^r?hy eniled an-J provi'hi, That in caie ths faid companies refpe^ii'/ely fliaU nat be-
<hc vwiks. pin thefaid works, the faid Ro.ino.ike Cjaipany va two years, and the faid Nanfe-nond Cinal Corapany
ii! one year from and af-«,- tlie doling of their refpe£tive books for receiving fubfcriptions ; cr if the
faid companief? refpc^ivaly fliili not co^npleie the navigation and works as aforeiaid, the faid Roanoake
Company wirhin hfteea year-s, and the faid I>Iinfemoad Cinal Comoany within ten years, after cionng
. the faid books as aforefaid. then iha'il all interefl of th corapany fo faiJnig, and all preference in its fa-
■vour as to the navigation an i tolls of thf^ canal to be opened by it as aforefaid, be forfeited and ceafe.
Provided^ that if the fai.l Roaaoake ^o.npany fh.'.ll, at t-he expiration of the faid fifteen years have com-
pleted t^'O thirds of tlie R.oanoake canal, they lliall have a fur^;her terni of five years xfor finifhing the
fame. Every a£l or part of an ari of the General AHeinbly which connes within the purview and mean-
A ft when to ing of this a'3:, Tnall be, and the *dme is hereby repealed. 1 his a£l ihall commence and be in force
4jc i;> i-ici. f j.Q,j^ jjj^^ .^fter xhe palling of a like a£1: by the General AiTembly of Virginia ; and the faith and hoaour
Tif this State are hereby foi6mnly pledged and engaged to the General AlTemhly of tbeStat-e of Virginia
and the government and citizens thereof, that this law (hall never be repealed or altered by the Legif-
lature of this State, without the confefit of the btate of Virginia.
-(i>nAP, S6. ^n aBfer adding to the board of Cotnm'Jftoners for the navigation of Ocacoch InUty and regulating the Pi~
loty tberesf.
I ") £ jV enaBtdM) the General Ajfemhly of -the Sraie of North Carolina, and it is hereby enaBedby the authori-
Con-.mifrioaers |3 fy ^j the fair. ^^ That John Wallace, John May and George R, Dickfon, be added to the board of
" ^ ' commiflioners of Navigation for Ocacock inlet, and that they, in conjundlion with the other commif-
fioners, fhall have all the powers, privileges and rights of any other bo»rd of commiflioners in ikis
State, by any law heretofore made.
o:-:a?. 53. . Jn act to a^trr the «liviJi;>naIIifte hettveen theff.rnties oT Mec^'enhir^and Caiamn.
BE it ertjBed by the General Affembly of the State of North Carolina, and it is hereby enaBedly the au^
'thority of the fame. That from and after the paffing of this a£t, the rx^Ct of land now owned and
inhabited by EvanShelvy Whiley, a fmall part of which lies within the^couuty of. Mecklenburg, fhall
be confxdercd as lying exclufively in the county of Cabarrus.
f.^ An act establishing a boundary line between the counties of Pasquotank and Petqulntons. and also between Cam'
du cuiity and Gates cou7ity,
'HERE AS there is a great difmal fwamp lying between the counties of Pafquotank. and Perqui.
mons and alfo between Gamden and G»'e*, through which difmal fwamp no dividing. line has
ever yet been made between faid counties, and the laws prefcribing the boands of faid counties being
unafcertained : For remedy whereof
Soundarv as- II Bt tt enai^ed by theGineral Afferiibh of the State of North- Carolina, and it is hereby enacted by the author.
cer:aintcl, ,v^ of the jame. That the courts of thecounties of Pafquotank, Perquimons, Camden and Gates, fhall each
appoint one or more commiflioners, to a(Cl with one or more luiveyors, as the faid courts may diietl^t ;
and it fliall be the f'Uty of the commiflioners and furveyor or farv«yors, as the cafe may be, to run and
mark a line between the aforefaid counties, as follows, viz. beginning near the lork o Little River, and
Tunning northwardly in the fouth-weft corner of a ridge, known by the Middle Ridge, then along the
weft fide of the faid ridge, croflingCoIodel John Hamilton sturnpiJce road, to the north«weft corner
thereof, thence a northwardly couife to a ridge in the defart known by Colonel Jefle Eafon s ridge
'then a north courfe tathe liae that divides this ftate frona the Slate of Virginia,
n. Andbtit et.TleJ h; the authority fi/oretatd, That the Kne wTien made as aforefaldi Thall be I8D4-.
*he line dividing uid counties of Pafquotank and Perquiinons, a^id alTo the counties of Camiiea and
^Garesi any law to the contrary notwichRanding, the rejt private^
«5S
An act to annex part onhe cmfity of Craven tajhaiCpfLihat'; ani for other purposes.
I E it ftiaSed /<y the Genc'.'al Ajfcrhh'y of the State cf l^ofih'Cdrollna -md it is hereby enaSted by the nuihsri.
)ty ef the fatti', That from an! after the pafliiig of this aft, all that part of the county of Craven,
•lying in the fork of Neufe river and Great Cotentney-cieek, (hail be, and the fame is hereby added to
=the county of Lenoir, ana fhal} become a pirt of faid county-of Lenoir, to all intents and purpofes what-
Toever : Provided^ thit nothing herein contained (hail p^pevent the flieriffof Craven county from col-
lecting the arrenragas of trntes which : were due before the paffihg of this aft, in the fame manner,
sind undsr the fame rules;, regubtioas^and refltiCtions, as if this a£l had never been palled ; any thing
to th^ contrary riortvithftandiRg.' " ••' > "
II. And be it enaziei by the autb-,nfy ahfefvd. That n future, the county of Lenoir (hall fend four
jiirors to the fup9rioir court of thfttfift'rifl of MeWoern, and the csuhty 6f Craven fhill fend only nine
to the fttpsrior c3art afor^efaid'i'iny 'lkVi_cuftQ^ or ufageto the contrary notwithftandirig.
^n'acijo.QltfT't^>{:Pm^^ repealed, 1805, 44.
.- , . ..:..., jt Tcl -i'-'r.i .>:.\i •>j'.'.; j- ,
yln act to apportion tkfi 1titmbpfaJ:jttiAops~.4o,if(Stnt -to tht superior court jrom the different counties in Fqyette-
iL.' ■■<! ■;('.." :i . , . ,■:.■■■.'■ 1 viiie nist ict.
I E;V enntied by the General AJJembliofthe State of North- Carolina, and it is hereby ena^ed by the authority
_> ofthsfame, Ttiat from anJ after tbe paiTing of this a£i, the feveral counties within the diftrict of
'Fayetteville, ihall fend from each to the iuperior court of faid diflricl, the following number of jurors,
and no more, viz. the county of Cumberland thirteen, Richmond fix, Anfon fix, Sanpfon fix, Robe-
{ou fix, and Moore fix ; and that fo much of the former a<fls of the General Aflembiy of this State as
appoint the number of jurors to be fent from any county to the fuperior court of faid diftiitl, be, and
the fame are hereby repealed and mad evoid.
THE Tl T L ES OFT HE P Rl V AT E A C T S-
CHAP. 5U.
Part >fC:4vea
adied to Le*
rioir.
J irors'
CHAP. 77.
Fayette Jurors.
17 An a£l to relieve certain irifeabiiants of Meek.
Isnburgh county andoiliers.
35'An act to revive and amend an a6\ loarriend and
revive an acl to encourage tlie cuuing a na-
vigable canal from Roaii'>ake river or the
waters there of to. Pungo river, and to ma.ke
provifion for the fame-
sr An iC\ to factUtatethe navigation of Lower Lit-
tle river.
38 \n aG\ to facilitate fhepa^igatioB of the Yad=
kin I'ver.
89 Anaiil rj-authorife Benjamin Jones, Thos. Har-
vey, lEnoch Sawyer and F. R, Sawyer to c'u-
a navigable Ccmal through theGreat Difmal
Uc.
40 An acl to open and make navigable Fifliing
creek', to Wyatl's biidgje.
41 An a&l to e{lal)liih an Academy in the lower
end of Caswell county.
■43 An at\ lo e(\;jblilh an Academy m Moore county,
*4S An usl to ellabtilH an' Academy i'h the coun^
of Greene.
44 An acl for the better regulation cf the town o€
Smithvilla and to amend the act to ellab-
■Iilh an Academy in faid town.
45 An a6l to incorporate the town of'Hamilton.
4'6 An act to eflablilh infpetiions of produce at
Huntsville, in Surry county.
47 An act to empower Dolphin Davis to receive
ftorage of tobacco in fuch warehoufe as he
fliall build in lower Fayctieville.
48 An aftt to alter the mode of eletting commvf-
fioners of Fayctteville.
49 An att to amend the att lor the further regula-
tion ot the town of Newbern.
50 An att io provide for the better coUeftion of
town taxes ot Wilmington
51 An act to auihoiife tue commiflioners of Hills-
borough to have cnclofed the public fpringy
fchool houfe lots and church yard.
52 An att to amend the feveral acts ot AlTembly
now in force lor ellaOlahing permaneiifly
the dividing line uctween Montgomerjr and
Moore.
55 An a6\ to revife and' amend an a£l for running
and afcertaming 'he boundary line between
the counties ot Sampfou <4ud JoiinlioBj paf"
fed in ISoS.
^54 ISO*. 57 An aft to provide Tor repairirie^'-or retAjilditi^
the dirtricl tjaot of Fayelteville. , .; .-
58 An act rel'pedlinsy a gao} for the ditlrtci of ,V\^-i
tningion, and court- hovife,
SS* An afl for laying a tax in the feveral counties
in the dfiflrtdl of Salifbury, for bviUding a
gaol for faid diftrift and county of Rowan.
60 An a6\ to provrde lor repairing or rebuddiitg the
ditlritl gaol of Edenton. '
61 An aiJtto repeal an a6l paffed m 1802,>tb 'com-*
pel the clerk of Surry county court to keep
his office at or within two miles of the court-
boufe.
63 An a6l to alter the time for eledllng the Mem-
bers of Affembly la Gate^. ; ^c -, _, n ;,.
64 An a£\ to authoril'e the companies, of cayah'^
in Buncombe county to hold their muflera
and be reviewed at Afhvilie in faid county.
65 An afcl to empower the feveral captains in the
counties of Richmond, Robelon and Monr-
gomery, to appoint patroles.
66 An a6l to amend the a6l authorifjng T. Barnes
to convey certain town lo(s.
67 An aft to prevent the felling timber in Uharee
and Deep rivers in Randolph.
68 An a£l to revive and continue in force an act
giving longer time to the inhabilants of
Richmond to regiller certain claims in faid
county.
69 An a6l to amend an atl to appoint commiflion-
ers to contra6l with P. Hoodempyle and
Job Bernard foriraprovennenisoBibe Warm
Spring road.
70 An at\ tor the relief of Mourning Sikes, of Nadi
county.
71 An a6l to authonfe Wm, Taylor, of Mecklen-
burgh county, in Virginia, to bring into
this btate any number of negroes not ex-
ceeding ten.
72 An a6l to amend an a6l paffed in ^793, to a-
mend an a6l to encourage the building of
public mills, and diretling the duty of mil-
lers.
73 An ac^ to incorporate the Royal Arch Chapter
of Concord of Wilmington.
74 Ap ail to amend an uiSl granting further com-
penfalion to witneffas and j'lrors to the dif-
iriCt courts, fo far as refpedis Newbein
dilirift.
75 Au at\ making further compenlation to jurors
to the county court of Halifax.
76 An &€i to amend an a6l making further com-
penfation to the jurors of Halifax and E-
demon diftn£\s.
78 An a6l making further compenfation to iurors
to Cumberland <;ounty court.
79 An &t\ to repeal an acl making compenfation
to the county court jurors el Rowan and
Carteret, fo far as refpefils {he county «
: . Rxxwan. .
&0,'An k61 raakinj^ compenfation to llu; countj?
court jurors of Richmond &c.
81 Ail act to amend an atl making convpenfatioa
to tlie jurors of Brunswick.
S2 An aft to repca'l part of ».n aft allowing com-
penfation to fuperior and county court ju-
' rors, fo far as relates to the county of Burke;
83 A.i iift to au'.hotife the county court of Chat-
ham to lay a tax to defray the expence -off
bxiiWint^va courthoufe. .. ,dI
S4 An aft to empower the County court of Martin
to. lay a tax for building a houle for the te.
'j ' ception of the poorthereoL
aSt-An aft to continue in force an aft aut,horifing
certain county courts to lay a tax for de-
fraying the expence of fupprefling inlur-
reftions of negroes, a« relates to Palquo-
tank'coimty, and for other purpolcs.
86 An aft to alter the time for appointing Sher-
iffs, &c. in Bichnrtond county.
87 An aft to au'horife the wardens of the poor for
Peiciufmons county, to lay a lax 'ligher
than berttofoie, and to regulate their pift-
ceedingft
88 An aft to alter the time fojr appointing Sher*
iSs, Sec. in Buncombe county. ^
89 An aft toreptal part of an aft paffed 1794, to lay
a lax foi" deflroying vermin, and for altering
one of the places for holding the elections
in New- Hanover, lo far as relates to iNew-
Hanover.
90 An atl to amend an aft to aulhorife the county
court of Noitharapton to appoint I'ome per-
fon to tranicribe the regiAer's books of faid
county.
91 An aft to authorife the county court of Onflow
to appoint a proper perlbn to tranfcribc the
records in the regiller's olhce.
92 An aft authoriling the covin ty coiirt of Anfon
to appoint a propei' peifon to tranfciibe the
records in the regiller's odice.
93 An aft granting two feparate tletlionsin Wake
county. .1
94 An aft to eAablifh a feparatc eleftion in the
county of Chatham. .
95 An aft to amend an aft paffed in 1802, granting
two feparate ele6lioa& in Johnllon, and tjj
eflabliih two other feparatp ekftions in laid
county.
96 An aft to eflablifh a feparate cleftion at Jo-
iepb K-imball's in Warren.
97 An aft to ellabliflithe mode of cl^ftions in fu-
ture in Sarapft n county.
98 An a6\ to alter the place of holding A fepara^
cleftioa in Wayne county.
99 An a'^ to amend two a6\s granting feparate e-
le6\ion3 in Duplin county,
too An a6\ altering; the time of holding the fepa-
rate ele6\ions in Cumbeiland.
101 An a6\ to eftablifh a feparate eleflion in the
county of Moore.
102 An act granting a feparate ele6\ion in Ran.
dolph, and altering the timo of holding
the leveral feparate eledlions in faid coun-
ty.
103 An«aiit to alter the lime of holding the annual
election in the county oi Hertford, and to
ellabliQi two feparate eletlions in faid
county.
104 An act lo amend an act eftablifliing a feparate
election at Hogilown in the county of Mar-
tin, and to repeal part of two aCls granting
feparate el«citions ai Hogilown and Jamef-
town, in faid county of Martin.
105 An a6\ graniing feparate eletlioris in Brunf-
wick county, and altering the time of hol-
ding elections in faid county,
105 An att graniing feparate elections in Edge-
combe and Franklin counties.
107 An atl toellablifli a fecond feparate election
in th^ county of Pitt.
108 An a6\ to amend an a6l granting three fepa-
rate elections in Robefon.
109 An act granting two ieparate ele£tions to the
mhabitants of Richmond.
110 An act for eftablitiing two places for holding
general inufters in Brunfwick.
ill An act to amend an act granting a feparate e-
lection in. Montgomery.
112 An a6t granting a feparate elefition at the
Town of Huntsville in Surry and at one
other place in faid county.
113 An a^ to eltabiilh a feparate ele6tion at the
houfe of Charles M'Lin in Craven.
1 14 An a® to alter the place of holding a fepai&te IS©*. 4s^
election in Bladen county.
115 An act to repeal an act gianiing feparate e-
le£lions in Onflow county.
116 An a6t to eflablilli a feparate election at Jona-
than Tayloi's in Anfon.
1 17 An a6t to repeal an a6t to eflablifh a feparate-
ele6tion in Iredell county.
118 An act to etlablilh a feparate ele6tion in the
county of Wafhington.
119 An att to eftablifh a feparate ele6tion on Firft
Broad River in Ruiberlord-
120 An a6t diretling where the upper feparate e-
U6tion in Alhe (hall be l>eld.
121 An att directing the duty of the Sheriff of
Tyrrell county, in holding the feparate
elections in faid county.
122 An aCt to divorce Samuel Eafton, of Caiteret
from his wife Zilpbia.
123 An act to divorce Benjamin Singletary, of
Bladen, from his wife Sarah.
124 An att to fecure to the perfons therein named
fuch property as they may hereafter ac-
quire.
125 An act to legitimate Sally Hopkins Tifon ef
Pitt county.
125 An ac\ to alter the names of the perfons there-
in mentioned.
127 An a6t to reftore to credit Jolah Badger, of
Johnlton county.
138 An att to rcllore to credit Laban Maccyof
Guilford and Ar. Davis of Moore.
129 An a6t to pardon and reftore lo credit Daniel
I^lack, of (juilford county.
130 An att to reftore to credit James Permenter,
of Anfon county.
131 An atlto emancipate feveral people oi colour.
An a6t limiting the time of holding elections
at the court-hOufe of Wayne and Wa£h«
ington countiesj palled the lait feftion.
S-ead three times and ratiiled in General AtTembly, the 19th day of December, Anno Dommi, 1804.
ss
Josilph Ribdick, s. s.
STKrHSN Cabakrvs, Sv 8. a.
■ Kj} lil> Jl»
-)-fh '(ixiavrl has i^tiitia^ d'jul oi avEy p:li ifo Oii iiaii'v/ in
.:: \lu\ Sii) tSisliiljiuq lo •:o"ifizf3i;j£{ A:jii\
-^;5G 1895.
E.q Gjverr.or,
At a GENERAL ASSEMT3LY, begun and held at the City of Kaleigh on
Monday the eighteenth Day «f November, in the Year of our Lord One
Thousand Eight Hundred and Five, and in the Thirtieth Year of the In-
dependence of the United States of America.: It being the first se&sion
of this General Assembiy,
CHAP. 1,
Ai.'e p 133,
i-34, 176.235
St) le iltrrcd,
Shfir.ff of
^V.^ke to at-
tend
Times of hold-
ing court.
Treis'jr'T mav
take judg-
ments.
Juroi5 may be
£U.Ti:novied.
CHAP. 2.
j^n aB relxtive to the Court of Conference*
E it enaEled l<j the General Ajfemhly of the dale of l^orth Carolina, and it if hereby enaBedby the authori-
) ty cf the fame, That the name and ftile of the Court of Conference fhali hc-reafter be that of the
Suprenne Court of North-Carolina, and that it (liall be the duty of the Sheriff of the county of Wake,
by himfelf or lawful deputy, conflantly fo attend the faici Court.
II. Be it further enaSfed, That the fittings of the faid Court fhall hereafter be on the tenth day of
June and fecond day of December in each and every year, and (hall continue to fit at each Term until
all the bufinefs on the docket of faid Court (hall be determined or continued upon good caufe flaewn.
III. And be it further enaBedy That the Public Treafurer is hereby authorlfed and empowered to take
judgments in the faid Supreme Court againfl any perfon or perfons for and in behalf of the State,
whenever he lliall deem the fame advifable, in the fame manner he has heretofore done in the Superior
Courts.
IV. And he it further cnaBedi That whenever the faid Supreme Court ftiall deem the intervention
of a Jury necefTary to 'try any fa£ts. which may arife between the State and any perfon or oerfons "
againlt whom judgment may be moved for as aforefaid, then and in that cafe it fliall be the duty of the
Sheriff of Wake forthwith to fummoa a Jury for that purpofe, which jurors fhall be entitled to the fame
pay as jurors attending the county court of- Wake, any law to the contrary notwithflanding. r
An act to^ju'et tin tiths te certain lands therein descrifud.
W 'HERE AS many of the citizens of this State on making entries of lands near the refpeftive, county
lines where they refide, either for a want of a proper knowledge of the land laws of the State,
or not knowing the county lines, have frequently made entries and extended their furveys on fuch en-"
tries into other counties than thofe where they were made, and obfained grancs on the fame :
And whereas doubts have exifted with refpecl to the validity of the titles to lands fituated as afore-
faid, fo far as they extended in other counties than thofe where the entries were made. For remedy
whereof,
BE it enaBedby the General Ajfembly ef the Slate of North-Garolina, and it's hereby enriEled by the authority of
€erta"'n grantE ihefimey That all grants iffued on entries made for land fituated as aforefaid, where the money has
been paid into the Public Treafury, flull bt good and vilid agiiift any entries which may be hereafter
made or grants ifTued thereon, any law, ufage or cuftom to the contrary.
valid.
OHAP. "3..
Antep, 115,
An act rela'ive tj /audi sy!H fh'- fixes
'.i t enaBed hythe General /Jfemhly of the State of North- Carolina, and it is hereby enaBei hy the authority
Land -Id f-t- ^-^ ''^ ^he fame. That all lands which may hereafter be fold by any Sheriff in this State, for the non-
tiiXM redeem- Pf y^^rit of taxes due thereon by virtue of law, the perfon or perfons, their heirs, executors and a mi,
able. nlitrarors owning fuch Und, (hail be per.'-nitted to redeen fuch 1 ^nd or lands from the purchafer or pur-
chafers at any time wiihm twelve months after fuch fale is made, by payinj or tendering in paymeai: to
fuch purchafer or purchafers, the fulJ amount which he or they gave to fuch Siicriffb, and twenty five
per cent, on the purchafe monejr, aril all co.ls of fale accruing thereupon Provided alw.iys, that no per- 1S05. 257
fon bidding off any lands fold as aforefaid, (hall proceed to furvey the part fo bought until one year after u^-r^o
fueh fale ; but if the fame is not redeemed witliin the term aforefaid, then it (hall be the duty of fuch When to be
perfon puschafing the fame, to furs^ey anJ perfect his title to fuch land fo fold within the time, and in surveyed,
fuch manner as heretofere pointed out by law, any law, ufage or cufl;o;n to the contrary notwithiland-
An act to repeal an cet entitled " An a61 to repeal fo mucW of the feveral laws now in fsrce in tlits State, chap. 4.
as grants power lo iht i rufteps o! the Univerlityof North Carolina, to fsize and polVeia for tl.e ufe'
of 'lie faid UniverliiVi any efcheafed or confifsaied property."
BE it enacted bj the General A/fembly of ih; State of North-dirolinay and it is herehf enaSied by the author-
ity of the fame, That an a£l entitled " An aft to repeal fo much of the feveral laws now in force in A '> repeale;*,
this State as grants power to the Truftees of the Univerfity of North-Carolina to feize and poflefs for ^"'^ P- ^^-^^
the ufe of faid Univerfity any efcheated and confifcated property," fo far as relates to the efchcated pro-
perty, be and the fame is hereby repealed and made void.
An act for ir.ci-p .rating and establishing a Bank by the naw and title of the State Bank of North-Carolina. CHAP. 5.
"¥"■> E ii enaBed by the General ^ffembly of the State of North Carolina, and it is hereby enaSied by the author-
ity of the fame. That a Bank, by the name and title of the State Bank of North Carolina, be eftab
'iilhed, the capital ftock whereof fhall not exceed four hundred thoufand dollars, which ftiall be divided
iato (hares of fifty dellars each.
Thf r''m.nnder of this:, and the ivhyle of the four following, seSiions bad their effeB, or the time within
nuhich they lusre to operate is expired.
V. Be it enaBed, That all the fubfcriptions, and the (hares obtained in confequence thereof, (hall be Shares of the
deemed and held to be for the fole and exclufive ufe and benefit of the perfon or perfons, copartner{hip subaciUer.
or bodies politic and corporate, refpedtively fo fubfcribing, or for whole ufe the fubfcriptions (hall
be declared to be made as aforefaid, fhall have, enjoy and receive the (hare or (hares refpectively obtain-
ed in conlequence thereof, and all the intereft and emoluments thence arifing, as freely, fully and abfo-
lutely, as if they had refpeftively paid the confideration therefor, any (uch bargains, contrads, promifei
or engagements to the contrary notwlthftandirg.
VI And be it further enacted. That the Subfcribers to the faid Bank, their fuccelTors and aflagns, (hall Sutsyifeers ia'
be, and they are hereby created and made, a corporation and body politic, in law andta£l, by the name and corp^rated.'
ftile of «< The Prejidint, DireBors and Company of the State Bank of North -Carolina," and (hall continue un.
til the firft day of January, 1825, and no bnger. And by the name and title aforefaid, they (hall be,
and they are hereby made able and capable in law to have, purchafe, receive, polTefs and enjoy to thera-
feives and their (uccelTors, lands, rents, tenements, hereditaments, goods, chattels and efTedts, to any a-
mount not exceeding in the whole One Million Two Hundred Thoufand Dollars, including the whole
amount of the capital itock aforefaid •, and the fame to fell, grant, demife, alien or difpofe of ; to fue
and be fued, implead and be impleaded anfwer and be anfwered, defend and be defended in courts of
record, or any other jurifdidtion whatever. And alfo to make, have and ufe a common leal, and the
fame to break, airsr and renew at their pleafure ; and alfo to ordain, eftablilh and put in execution fuch
bye-laws, ordinances and regulations as (hall feem neceflary and convenient for the government of faid
corporation, liie fame not being contrary to the laws of this State or ot the United States ; and lor the
making whereof, genera! meetings of the Stockholders may be called by the Direaors in the manner
hereinafter Specified, and generally to do and execute all other matters and things which a corporation
or body politic in ^aw or equity, may or can lawfully do and execute, fubjedl to the rules, regulations,
Teltriciions, li.nitations and provifions, hereinafter defcribed and declared
VII. And be it ^ur:her enaBed, That within the term of one month after information is given by the Com- 5^^^^^ subscrif .
milTionersof the city of Raleigh, that a fufficient number of (hures have been fubfcnbed to commence tions huw .
the pperation of the faid Bank, the Governor, on behalf and for the ufe of the State, (hall make, or .uaie,
-caufe to be made a fubfcription to t'ae capital flock of two thoufand (hares j for which purpole, the
Stock which this State now holds in the J^unds of the Unued States fhalithen be entireij appiopriatedj
258 1805.
Money loaned
to the Sa'p,
how re^ja.di.
Mcrner of e>
lefimg Oirec-
tort»
Voters to be
sworn.
Direcitrs
when 10 be
Chotea
and after the Directors are chofen, as herem after dire£ted, it three fourths of the fald Dlreftors and
the Treafarer of the State for the time being, {hall think it advifable that our faid Stock in the funds of
the United States, (hould be fold, the faid Treafurer fliall fell the fame, and have the proceeds in cafh
brought and delivered into the vaults of the Bank t And if the proceeds of fuch fale ftiall not amount in
value to two thoufand ftiares, the Treafurer is hereby authorifed and required to make up the deficien-
-Y with any gold or filver coin he may then have in the Treafury, and of fuch Bank Notes as he may
have, and of which ih.- Direftors fliall approve : And if there ihould ftill remain a deficit of (hares, the
balance remaining unfubfcribed for, fhall be loaned by the Bank to the State, at a rate of intereft not
exceeding four per cent per annum.
Vni. And belt further enacieJy That the fum of money fo loaned to the State by the Bank, {hall be
payable in fix equa! annual mftalments, the firft payment whereof thall be on the firft day of June in the
year 1 807, or in any greater fum or fums of money, or fhorter period or periods of time, at the option
of the Treafurer, or rafolve of the General AfTembly ; and interefl (hall ceafe to be demandabla or char-
geable, on the amount of each and every payment from the time of making the fame refpc£lively.
IX. And be it further en..cted- That for the well ordering of the affairs of faid corporation, it
(hall be managed by twelve Direflors and a Prefident, who (hall be citizens of the State, and holding
Stock in the Bank hereby to be eftablifhed, which Direftors fhall be eie£led yearly by the Stockholders
at a general meeting to be held at Raleigh the lafl Monday of November for that purpole ; and the Go-
vernor of the State for the time being, (hall be a Direftor by virtue of his ofiice, and (hall have the
number ot votes to which the State (hall be entitled by virtua of the (hares which (he may hold at the
period of any fuch election, agreeably to the rules hereafter prefcribed. And the Direiflors, at their
6r{t meeting after their eleftion, fhall choofe one of their number as a Prefident. Provided^ That the
firft eleftion of Diraftors (hall not be included in the before mentioned general regulations, but (liall be
held at the times, and in the manner hereinafter dire61:ed, which faid Direilors fo firft eledled, (hall
hold their office until the laft Monday of November, 180?, or fo long thereafter, until other Diredlor s
are ele£led : and in cafe it (hould at any time happen that an ele(^Vion of Direftors (hould not be made
vpon any day, when purfuant to this a£t it ought to have been made, the faid corporation (hall not for
that caufe be deemed to be dhTolved, but it (hall be lawful on any other day within thirty days thereaf-
ter, to hold and make an eledlion of Diredlors in fuch manner as (hall have been regulated by -the laws
and ordinances of the (aid corporation. And in cafe of the death, refignation or abfence from the State
cf a DireftoT, his place (hall be filled up by a new choice for the remainder of the year by a majority
of the Direflors, at the place where fuch vacancy (hall happen. Provided^ That every perfons voting
for Dire£tors at any eleftion, (hall, previous to the giving of his vote, folemnly (wear o affirm, that
the fhare or (hares, in right whereof he offers to vote, is or are really and bona fide hit own property,
and that he does not hold them in truft, or for the ufe, benefit and emolument- of any other perlou or
pe-fons, norm purfuance of any contrivance or defign to obtain for himfelf, or any other perfon or
perfons, a greater number of votes than he or they is or are fairly and juftly entitled to, according to his
or their true intereft in the faid Bank, in conformity to the rules prefcribed for voting on (hare?, as
eftabli(hed by this a£t jand when any perfon ftiall offer to vote as proxy for another, it (hall not be law-
ful for him to give (uch vote, unlefs he fliall produce from his conftituent, fome letter, note, or memo-
randum in writing, authorifing and requiring him fo to do, which letter, note, or memorandum, (hall be
accompanied with an affidavit or affirmation made and taken before fome competent authority, that the
faid conftituent is, in truth and faft, the lawful and abfolute proprietor of the whole number of (hares
for which fuch proxy (hall claim to vote ; which letter, note or memorandum, an affidavit or atBrm<»tion,
ihall be preferved and filed among the papers of the (aid Bank. Prsv'tded nevert&eie/s,Th2t the Cover-
nor for the time being, in cafe of difability fo attend, may vote by proxy without fuch affidavits or alTir- .
mation.
X. And be it further traBed, That as focn as the fum of fixty thoufand dollars (hall be actually re-
ceived on account of the fubfcription to the capital ftock of the (aid Bank, notice thereof fhall be givea
by the Commiffioncrs appointed in and for the county of Wske, or a majority of them, in all the newf-
papets printed in the Srate^ and fuch commiffiorerf (hall at the fame time notify a time, and place^
?yi?^*n the city of Raleighi at the diftance of thirty days from the time of fuch .notificatipn, for pr^
ceeding to the choice of J3ire^ors : and it fli»U be lawful fcr fuch' election to be'then andf there inad^
antf'the twelve per fons who fiiall be theii-and there chofen, together with the Governor for the time 180S. 25p-
being, ftiall be the firil L)ire£tors, and ihall be capable at ferving until the third Monday of NotrenkbcE («***»«>■»
la07, and from thence until their (ucceflbrs (hall be duly and lawfully ele£ted.
XI. And be it further rttaSteay That the- faid Diredlors (hall forthwith thereattei*conimence the ope-
ntbns ot the faid Jiank wherefoev^r they (hall judge mod benehcial to the corporation ; and as foon. g^. ]^„„
thereafter as the faidDireftors think it advifable, they (hall eilablifli Branch 8anks for Difcount and De- compi''ncs
politonly in ditierent purts of the State : Provided^ That for each Bank of Difcount and Depodt, the <»i-erauoi»t'.
faid Dire£lors (haM have previoufly leceived froni: the Stockholders, fifty thouXajid dollars over and a«
bove the (ixty thoufand doUars firft received, and the one hundred thouCand dolhrs funded by the State i
And provided alfo That ©ne B^nk of Difcount and D^pofit (lull be eltabiiftied in Sali(bury: if Salifbu,-
'Tj and Morgan didrid^s, (hall have fubfcribed and paid into the funds &£ the i^nk dfty thoufand dollars.
^" XII. And be it further tnaBid, That a& foon as the Direftors ihall have determined. &> e(tablifti » g^j^g). Bank*
Bank or Banks cf Difcount and Depofit, they (haH give notice thereof in all the papers printed in this t»e estab^iusd.
State , and at the fucceeding annual eledUon of Diredtors thereafter, five other Direftors (hall be elec-
ted for each Branch lianfc, under the fame ruleS:^ regulations and reftri£tions a* are grefcribedin this aft
for the ele£tion of the firft twelve Dire^lors.
XJII And he ttfw tber enaSitdy That the DJreflors for the time bei»g^ (liaH have 'power to ;^p«int
fuch officers, clerks and fervants under them, as (hali be necedary for executiflg and carrying into effeft
the bufinefs of the faid corporation, and to allow them fuch compenfation for their (ervices refpedtive.
ly as (hall be reafonaible, and (hall be capable oi exercifing all fuch powers and authorities for the wefcl
governing of the a(feirs of the £akl coipoiationj as (hall be prefcribed by the Ixws^ ordinances and regu-
lations of the fame«
XIV Be it further enaEfed Thatthe^ollowmg rules, reftriilions, limitations and provifions, (hall form
and be the fundamental articles of tne conftitution of the (aid corporation: K The number of votes which J|j"'*»*'^' '^
each ftockholder {hall be entitled, (hall be according to the numbers of (hares he (hall hold, in the pro-
portion following, that it is to fay ; for one (bare .and not mbre than two (hares, one vote for each
(hare ; for every two (hares, above two and no* exceeding ten, one vote ; for every foar (hares» abo^
ten and not exceeding thijr;y,one vote v for every (ix (hares above thirty and not exceeding (ixty, one vote;
for eveiy eight {hares, above (ixty and not exceeding one hundred, one vote ; and for every ten fliares
above one hundred,one vote j but no perfon, copartnerfhip or body politic and corporate (except the State
which (hall have as many votes as any two thoufand (haies held by individua-ls in the corporation) (liall
be entitled in his or their own right, or as proxy, to a greater number than thirty votes. And kfter the
firll eleftion, no (hare or (hares (hall confer a sight of fuffrage, which fhall not have beea holden two
calendar months t>revious to the day of eledioQ. All ftockholders may vote in ele£lions or on any quef-
tion touching the Bank, by proxy, provided the proxy be derived directly from ftockholders, and voted
on by a citizen of this State. 2. Not more than five of the Direftors of the principal Bank, nor more
than three of any of the Branches which by this aft (hall be eftablifeed, eleded by the ftockholders an^
a finally in office, exclufiveof the Pvefident, (hall be eligible for the next fucaeeding year ; but a Direc-
/tor who (hall be Preliclent at the time of an eleftion, may alwayb be re elefted. S None but a (lock,
holder, being a citizen of the State of North Carolina, except the T.ealurer, fhall be eligible as a Di-
redor i nor (hail a iire6^or ot any other Bank be a Dire£lor of this Bank, 4-. No Direflor fliall be
entitled to any emolument unlefs the fame (hall be allowed by the ftockholders at a general mcetirg.
The ftockho dtrs (hall make (uch compenlation to the PreCdent for his extraordinary fetvices, as (haij ap-
pear to themreafonaole. 5 Not lefs than Bine Direflors fliall conftitute a. board for the iranfad^ion
of bufineft, unlels for the ordinary purpofe of difcount and loans for which five Direftors (hall be
l«(ficient,of whom the Pfefident fhall always be one, except in cafes of ficknefs or nece(raiy abfence,_
in which cafe hi? place may be fupplied by any other Direflor whom he by writing (hall ncmii ate for
that purpofe. &. A turriber of Stockholders cot lefs than forty, who together (hall be prcpiietcrs of * ^
two hundred flares or upwards, flail have power at ary time to call a general meeting of the ftcck-
holutrs for tke pxrpcfes relative to the iii(tituticn, givirg at leaft (ix weeks notice in two f ublic newf-
papers of the Strte one of which fha'l be the State Gazetted and (pecifying in fuch notice the cbjeft
orobje£ls rf fuch meetirg. j.^vety Cifliier or Treafurer, before he enters oil the duties of his office
fiisUl be le^uirea to eive bond with two or more fecuritics to the fatisfadion oi the DiredorS) in a iunt
3T
.^!^ nB5. hotlcifs than fifty thoufand dollars^ with cohcllEioH for his gbod behaviour, and fuch other -condition «
k--«nr'>Ji the Direftors Qiall think proper. 8, The lands, tenements and hereditaments which it fiiaU be lawful
for the faid corporation to hold, (hall be only fuch as (hall be requifite forits immediate accommodation in
relation to the convenient tranfafting of its bafinefs, and fuch as (hall have been bona fide mortgaged to
it by way of fecurity, or conveyed to it in fatisfa£tioa of debts previoa3y contracted in the courfe of its
dealings or purchifed at files upon juignetits which fhvll hive been obtained for ftich debt. 9, Tli-e
total amount of notes emitted or thrown into ^:irGalation by the faid corporation, together with their -
y debts of every defcriptio!i, {hill not at any time exceed the fam of eight hundred thoufand dollars, exr
cept two thirds of the DireSlors fliall thiak. it advifable for the intereft of the State and fecurify of the
torporation, when tkey may emit more, fo as not to exceed four hundred thoufand dollars over and a-
■bove the Sril mentioned amount, and over and above the monies then actually depoGted in the Bank
for fafe keeping, unlefs the contraQing of any greater debt ftiall have been previoufly authorifed by a
5iw of t!:-: State. In cafe of excefs, the Uiieftors tinder whofe adnainiftratiou it (hall happen, (hall
""be Uab'ic for the fams in thsir infividuii private capicities, and an allien at law ma,y in fuch cafe be
bruu <»ht aga!n(t them. Or any of them, oi their heirs, executors or admin.Iftrators, in any court of record.
■ "bv any creditor or credirors of th? lalJ corporation, and be profecuted to judgn*ent and execution, any
candirion, CDvena,*' or agreement to the contrary notv/ithil-inding •,• bat this fliall not be conilrued to
♦•ieiiintth? i.iid corporation, or thi lands, "tenements, hereditaments, goods or chattels of the fanre,
from beiu»- a<;<"o liable for and chargeable with the faid exceTs : Provided alwj^^, th.u fuch of the Direc-
tors who may have been abfent when the fiid o^cefs was created or contra£ted, or who may have dif.
fented fro n the refalutlo;i or a£l whereby the fa^ne was coiitraSlsd or created, mav refpe£lively exone-
rsre themfelves from being fo liable, by "forthwith giving notice of the h€i, and of their abfence or dif-
feat, to the Governor of the S:ate and to the Stockholders at a -general meeting^i vvliich they fliall have
power to call for this purpofe. 10, The faid corporation (hall not be at libeity to pur-chafe any public
Ttock what foever, except their own B^nk Stock, ualeCs it be found neceflary to do'fo for the purpofe C:
fecaring the repayment of ainy rhoney which may be advanced by any -iJank in taking up and paying th?
notes iflued by this Bihk, in confequence of any agreement which may be entered into by tiie. Direc-
tors of this InftitUticn with the DIre(S>oYs of any other Bank, for the purpofe of facilitating the circulation of
its notes. Provided, that the number of (hares of this Bank which theDirediors may purchafe in again, fliall
-be fold out at par, or above it, as the market'price may be, whenever opportunity offers to do^o with con-
venience: And provided the numberof fhares fopurchafedin, ihallnot exceed at any one time two thoufand
'{hares. Nor Ihall the faid corporation, direflly or indiiedl y, deal or trade in any thing except bills of ex-
'«hange, goldorfilver bullion, or in the Tale of goods really and truly pledged for money lentand not redeem-
'€d in due time, or in goods which fiiall be the produce Of its lands : Neither {hail the faid corporation take
more than at the rate of one half per centum for thirty days, for or on account of its loans or difcounts.
Ti.Ko loan fhali be made by the faid corporation to any Government or State to any amount whatever,
unlefs previouQy authorifed thereto by a liw of this State 12. The flock of the faid corporation fhall
?be affignable and tranferable, according to fuch rules and regulations as fhall be prefcribed by the lawg
and ordinances of the fame. 13. The bills obligatory and of credit under the feal of the faid corpora,
tions, which fhall be made to any perfon, or perfons fhall be adignable by endorfement thereupon, un.
der the hand or hands of fuch perfoti or perfons, and of his or their af^gnee or affignecs, fo as abfolute-
ly to transfer and invell the property in each and every aflignee or aflignees fucceffively, and to enabl«
fuch aflignee or affigaees to bring and maintain an a(Elion thereupsn, in his, her or their own. name oif^
Tjamesi and bills or notes which miy be iiTued by order of the faid corporation, figned by the Prefix
dent, and counterfi jned by the Cafhier or Treafurer thereof, promifing the payment of money to any
"perfon or perfons, his, her or their order, or to bearer, though not under the feal of the faid
corporation fhall be binding and obligatory upon the fame, in like manner and with the
like force and effect, as upon any private perfoa or perfons, as if ifTued by him or
them in his, her or their private capacity or capacities, and {hall be affignable and negotiable Inlike man-
neras if they were To ifTued by fuch private perfons ; that is to fay, thofe which fhall be payable to a.
ny perfon or perfons, his, her or their order, ihill be affignable by endorfement, in the like manner
and with the like effe£l as foreign bills of exchange now are J and thofe which are payable to bearer,
fiiaU-be negotiable and affignable by delivery on)y : And all noies or bills at any time difcouBted by tfce
^la corporation, ftiall be, aaiJ^ they are hcceby^ placed on the h-nefoaimg as foreign bins oT ex«ihanj»-;, TBft>. 2g*
io that the like means may be had for the recover/ thereof agaiafl the drawer or drawers, endorfer or v.,<#-^slj
«ndorfers, and with the like efFeit (except fo far as relates to daiiaages and intereft) any law, ufage or
icuftom to the contrary iiotwithftanding. 14-. Half yearly dividerids ihall be mide of fa much of the pro-
fits of the Bank as (hall appear to the Direflors ad vifable ; and once in every year, at a meetiag to be
held for the choice of Direckora, thofe of the preceding year (hall lay bsfore th? ftockholders for thsit
information, an exact and particular ftatement of the general accounts and ftate of the corporation,
of the debts which (hill have remained unpaid after the expiration of the cernti of credit for a period of
■treble the term of that credit^ and the furplas of profit, if any, after deduSling loFes and dividends. K
there Ihall be a failure in the payment or any part of any {\i:t\ fabf!;ribed by any perfon, copartnerfhip Or
body politic or corporate, the party failing (hall forfeit the tirft payment rsade to the Binrk, with any
dividend which may have accrued prior to the time of making the fecond, third, fourth, or fifth pay-
-taent (as the cafe may be) during the delay of fuch payment, 1 5. The direSkors aforefaid Ihall commit
the management of the Branch Banks by this zSt authorifei, to the Directors at the places at which
"they are eftablifhed, under Xuch agreements, and fubjeSk to fuch regulations as Ihall be deemed proper,
not being contrary to law or to the coiiftitution of the Bank, and to allow to the officers thereof fuch
compenf^tion as they may think fit. 16, IheLegiflature (hOl be furniflied annually with datemente
of the amount of the capital (lock of faid corporation anJ of the debts due to the fame, of , the monies de-
pofi ted therein, of the notes in circulation, andof the ca£h in hand j and fhall have a right .to infpefih
tuch general accountsin the books of the Bank as (hall relate to the faid (latement ; Provider!, that thiii
•adl fhall not beconftrued to imply aright of inipe^ling the account of any individual or individuals, or
any body politic or corporate, with the Bank. '17. The Dire£lors (liall keep fair and regular entries of
their proceedings, in a bool; or books to be provided for that purpofe ; and on any queftion where two
Dire^bors (hall require it, the yeas ajid nays of the Directors voting fliall be duly infcrted on their mi-
nutes, and thofe minutes be at all times, on demand, produced to the ftockholders when at a general
meeting, or to the LegiQature, who (hall be authorifed liereby to require the fame. 18. NoPrefident
'or Ca(hier of the Bank (halt be dire£lly or indirectly concerned' in the purchafe or faie of anyof the pub.
lie Hock or funds, under the penalty often thoufand dollars, to be forfeited -one half thereof to the ufe
of the State, and the other half to the ufe of the informer ; tior (hall tlie Ca(hier be allowed to carry on
any mercantileb-ufinefs than that of the Bank, under the penalty of hve thoufand dollars, to be recov-
ered by any.perfon fuing for the fame. 19. A fair and correfl lid of the ftockholders (hall he kept in a
book to be procured for that purpofe, and the Direftors IhaU hang up in the Common Hall of faid Bank,
ail the names of fuch ftockholders one month before any eleftion of Directors (hall take place, to the
end that public information may be given to the parties of their co proprietors and ftockholders.
XV. Be it enacted, That if the faid^corporation, or any perfon or peifons for or to the ufe of the Penalty on tw-
fame, (hall deal or trade ia buying or felling any goods, wares, merchandize or any cemmodities what- dini? contrary
foever, contrary to the provifions of this a(3:, all and every perfon or perfons who (hall have given any ** ^^ *^
order or direction for fo dealing and trading ; and all and every perfon or perfons who fhall have been
concerned as parties or agents therein, (hall forfeit and lofe treble the value of the goods, wares, mer-
chandize and commodities in which fuch dealing and trade (hall have been : one h^lf thereof to the ule
-of the informer, and the other half thereof to the ufe of the ftate, to be recovered with cofts of fuits.
And if any director, officer or other perfon, of any of the Banks hereby eftablifhed, and holding any
fliare or capital of the faid Bank Stock, who (hall eommit any fraud or embezzlement touching the mo-
ney or property of the Bank, (hall be liable to be profecut^d in the name of the State, by indictments
in any court of law in this State ; and lipon convi£tion thereof, (hall, befides the remedy that may b«
had by adion, in the name of the Prefident and Directors of the State Bank of North-Carolina, for the
fraud aforefaid^ forfeit all his (hare or (hares, or ftock in the faid Bank, to theTrefider.t, Diredlorsand
Company thereof, and be forever thereafter rendered incapable of holding any office of trufJ of profit
omder this State.
And whereas it would greatly tend to promote the Agricultural and ManufaSuringTntere'fts of the
State, if this Bank ftiould be authorifed to make loans on more extended principles than have hereto-
.!ifore been adopted by fimilar inftitutions in this State,
^Vi. Be it enacted^ That the Diiedors of the-B^ink hereby eftablilhed may, and they ate hereby a»f
€#2 I S05. thorifei &ni empowered", tm Ae appircatfon of any farmer, mechanic or manufiiftttrer, or other perftm^
i^^>n*mf of this State, to open a cafh account with fuch applicant, for any finn not lefs than one hundred dollars^.
^^ ''k,^"' "' *'' *"^ "°* exceeding one thouland dollars ; whereon the party obtaining fuchcalh account may draw or
raa;. be-vjieAt<L ^^ j^^ ^^ j^^ ^^^ j^^^ ^^^ j^j^^ dollars at any one tinaei and whereon a fettlement (hall take placfe
<emi annually, the party di awing the oafli paybg jin intereit for what he may fo draw, at the rate of fix
per eem. to be deda^ked on opening the account,, and to be allowed in'-vcrefton all fums returned, from
the time oi payment ; PraviJed kovaevery that no perfon (hall obtain the benefit of any f«ch csrfh ac-
count, until he (hall give fuch reafonable or landed feeurity, as the Diref^ors of the principaJ Bank, or
the Branch Bank, wherever the application (hall be made refpeftively, may require ; Provi'ted, that
there fhalJ not at any time be more Aan one fifth of the ftock of the principal and Branch Banks lent
©ut by the BireftcMrs of the faid Banks refp.e€lively, on fuch cafh accounts^' alJowing fifty thoufand doC-
lars to be the (lock of the Branch Banks.
l<rot«» of iWs XVII. rind be it further enactedy That the bills or notes ef the faid Gorporatiotr OMginully made paya-
Bank receiva- |j|g^ q^ which fhall have become payable en demand, fliall be receivable in all payments due to the State
niei"s^to tbe ©f North- Carolina. And the ^ubiie monies of the State may bedepofited in the Bank thereof, when*
Sr^e. ever lying inactive And the Diredlors are heieby authorifed fo iflue their notes for aH the paper mo*
Hey fo depofited, and by whomloever cepofited, that is to fay, for every ten {hillings thereof one dollar/
and no more, over and above the teftri£tion by thisaQ provided ; and pafs the fame in exchange for their •
Botes, in fuch proportion as the DiBe£lors may think for the benefit and fecury'of thfe_ corporation.
IPspCT ourren- XVill, Atid be it further enaBid, Tliat the dividends becoming due and payable tb the State femi-
cj how sunk, gnnuaUy^ fl^aU bepaidta iheTreafurer ofthiabtate, who, oa teceivifig the fame, (hall take the half o£
fuch dividend and call upon the Bank for faid amount in the paper money of this ftate, and in the pre-
fence of the Prefident (hall deface tire fame, and alfo as ma»y notes as the faid Bank fhall have i(Tue4
for fueh amount and report the fame to the next General Affembly ; the other half of fuch dividettd
paid to the Treafurer as aforefaid, he (hall depofit in the faid Bank, until he (hall be by law authoriled
©therwJEe to employ or difpofe of the fanrie.
Fayment of XIX, And he ii jurtheK eriaSiedy That euery fubfcriber to the (hares of the Bank are hereby eftabli(hed»
^"oT"a£t°" *** producing the receipt for the money they have paid, of the comnuflioners hereby appointed, or any
the first. '"o of them, fliall entitle him or her to rote for Directors, agreeably to the regulations herein prefcrib*
ed» fo far a« relates to the hrft payment i the (econd, and all other payments, till each (hare fhall be
. paid for as thi& adl dirc(9:s, fhall and may be made either to the commiflioners appointed for the county
sioners! * * °^ Wake, or to thofe appelated for the counties of Burke, Rowan, Orange, Halifax, Chowan, Craven,
New Hanover or Cumberland* And if any of the commiffioners by this a£t appoi^ed, (hall die, re-
fufe to z6ty or be abfent from the State, the Members of this General AiTembly from the counties where-
in fuch commifEoners now refide, (hall appoint fome other difcreet and proper perfon to fill fuch vacan-
cy, who (hall have the fame power and authorities as. the commiflioners appointed by this ad\, and their
Certain expen. receipts fliall be as binding, and of the fame force and efficacy as thofe ©f fuch other commiffioners ;
(Rsde ajed. any thmg herein ccatained to the contrary notwithftanding. The expence of tranfmitting the monies
and fubfcriptioo from the eouncres refpeftively, to the commiflTioners of the counties wherein their fu>-
perior courts are lield, as before enafted, (hall be defrayed and paid by the fub(criber8 in each county.
And for the trouble and expence of remitting the fubfcription papers and monies from the counties of
Burke, Rowan, Orange, Halifax Chowan, Craven, New-Hanover and Cumberland, to the commif.
fioners by this aS appointed for the county of Wake, the commidoners for faid laft mentioned coun*
ty (hall pay to the CommiflfioBers from faid Di(tri£l counties, fuch compenfation as (hall be reafonable,
ftfcdrof reco XX. And be it jurther etiaSfedy That when any perfon, copartnerfhip or body politic, (hall be indebt-
**^* ed to the faid corporation, ©n any fijigle or penal bill, bond or note, duly executed or endorfed, or by
reafon of the acceptance of any bill or order, or by any other ways or means whatfoever, and (hall fail
to make payment^ the Prefident, Direfilors or Caflbier of the faid Bank, or any of its branches, (hall
caufe a demand of payment to be made in writing, and ferved on the party, or left at his or dieir place
of abode ; and if the money (o due fliall not be paid within ten days thereafter, the faid Prefident, Di-
teftors and Caflii«r, or any of them, may, on notion, va any of the courts of this State, e»ter ©r caufe
to be entered upjudgmeiit againfi. luch delinquent debtor and his or their fecurities, in the fame man-
lier} aod under the lam« tvles, legulationfr anu reftnUions xithe Tieafuiei is new authorifedtaenter nf
jbdgmentsin behalf of the State ; which jucJgments (hall be final and concluGve, and from which there I8t5. 263
(hall be no appeal ; any law, ufage or cuftom to the contrary notwithftanding. V^-'v-sJ
XXI. And be it further tnaSledf That if any perfon (hall, by printing, writing, or engraving, or by a-
any other ways or means wliatfoever, counterfeit, or attempt to counterfeit, any of the bills, notes or Penalty for
checks, emitted by the Prefident and Directors of the faid Bank, or any part, word, letter, name, em- couaterfeiJng.
filem or device of fuch bills, notes or checks ; or (hall make or conftruft, or caule to be made, or con-
(Ijudled, or have in his or their poffeffion, any die, type or plate, or other inftrument, for imitating or
counterfeiting of fueh bills, notes or checks, or any part, word, letter, emblem or device thereof, ex-
cept by authority of lawj or in cafe where fuch may be feized in order to bring fufpe£led perfons to
juitice ; or (hall alter or deface any of the faid bills, notes or checks, in order to change the value there-
of, fuch perfon or perfons fo offending, being thereof lawfully convided, by confeffion or verdidt, or
by Handing mute on arraignment or trial, fhall, for the firft offence, ftand in the pillory two hours,
and have his or their right ear nailed to the pillory and cut off, and receive on his or their bare back,
thirty nine lalhes well laid on, and be branded with a hot iron on the right cheek wiih the letter C, and
on the left cheek with the letters B N (which letters (hall be at leaft one inch in length and three quar-
ters of an inch in breadth) and be imprifoned at the difcretion of the court before whom fuch offender
or offenders (hall be tried, not exceeding two years.
XXII. And be it further enaSedf That if any perfon or perfons (hall pafs, or attempt to pafs any
counterfeit likenefs of the faid bills, notes or checks, knowing the fame to be counterfeit, and being pa„ing eoun-
thereof lawfully convi£ted, he or they fo offending fhall, for the firft offence, ftand in the pillory one tti feit notea.
hour, have one ear cut off, and receive thirty nine lafhes on his or their bare back well laid on, and be
imprifoned at the difcretion of the court before whom fuch oAender (hall be tried not exceeding twelve
months.
XKUl. Andbeitjurtherenadedt That if any perfon or perfons (hall be lawfully convidled a fecond g^^p^j ^g-^jj^
time of any of the offences herein before fpecified and fet forth, he or they fo convi£led, (hall fuffer
ileath without benefit of clergy. ^
XXIV. And be it further enacted. That in cafe the fubfcription hereby opened for the different coun- h.^ i^^- l^ept
ties and citizens of the ftate, (hall not be filled during the time hereby prefcribed, fo that the Bank can- open.
Hot begin its operation, the fubfcription (hall be kept open at Raleigh until it is filled, or until the next
General Affembly.
XXV. And be it further enacted. That the Direfbors of fuch Bank (hall fend to one confidential per-
fon in each coun*y, of their own chufing, a fample of every kind of notes by them iffued ; Each of fnch i^^S^ o^ Notei
fample fo fent, (hall have a ftamp on the face thereof as a proof of its being a fpecimen, and to prevent '^'^*verjf coun-
their being pafled as money •, and the perfons in whofe hands fuch famplo (hall be lodged, may, by the
£une, examine every note prefented forinfpedion.
An act to raise ei Revenue for the payment of the civil list attd contingent charges of Government for the jear cKAf, 6.
one thousand eight hundred and six. *
BE // enaSedby the General /Iffembly of the State of North Carolina, and it is hereby ena8ed by the authori- ^.^ on Jmds,
ty et the fame. That for the year one thoufand eight hundred and fix, a tax of eight pence on every town lots and'
hundred acres of land within this State, and a tax of two (hillings on every hundred pounds value of p^U*.
town lots with their improvements, and a tax of tv/o fiiillings on every poll, fhall be levied, colleded
and accounted for, in the fame manner as fuch taxes have heretofore been levied, colleded and accoun-
ted for.
II. And be it further enacted. That a tax on all ftud horfes and jack-affes within the State, of the full stud horsw
fum which the owner or keeper of fuch ftud horfe or jackafs (hall a(k, demand or receive for the (eafon and Jack asses,
of one mare, (hall be levied and colleded as above.
III. And be it further enaBed, That alljree males between the ages of twenty one years and fifty, and JJ^^J,,*"^^^^
all laves between the ages of twelve and fifty years, (hall be fubjed to a poll tax. ^^P" '***
IV. And be itjurther ena^ed^ That each and every perfon who (hall hereafter peddle or hawk goods
in any of the countie* of this State, (hall firft obtain a licence from the clerk of fome County in this j^^^^ °° *"'
State, under his feal of office : and the perfon fo peddling and hawking, (hall pay to the clerk, before
•btaining faid Ucence, the fuoi of ten pounds to the ufe of the JiUte, to be accounted for by the clerk
264 18»S. in the fame manner as tax iTees are accountefd for ; and any Viceftce fo obtained fiiall authorife faid ped-.
i..„.-y->J lar to peddle and hawk goods in any and every county in this State for the terra of one year ; And if -
any perfon (hall peddle OJ hawk goods in any county of this State without licence, he (hall forfeit and
pay the fum of thirty pounds, to be recovered by the (heriff or any other perlon of the county in which
he (hall fo peddle, before any Juftice of the Peace, in the name of the Gavernor^ one half to the ufe
of the faid ftierifFor other perfon, and the other half to the ufe of the State.
V. And be it further enaaed. That all merchants either wholefale or retail, (hall pay a tax of fifty
Store tax. (hillings on each and every ftore in this State at which they (hall iell any goods, wares or merchandize
to the amount of two hundred dollars in any one year ; And all merchants or owners of ftores as afore-
faid, (hall give in his her or their (tore or ftores, as the cafe may be. with the lift of their taxable pro-
perty under the fame rules and regulations that other taxable property are given in j which faid tax (hall
be levied, colle£led and accounted for in the fame manner as other taxes.
VI. And be it further enacted, That every perfon who ihall come into this State on board any velTe!,
Vessels break- ^j^^ goods and merchandize on board thereof, which ihall not befubjeft to the payment of duties im-
ingbuik. pofed by the laws of the United States, and break bulk or retail faid goods or merchandize, (hall pay-
ten pounds, to be colleded by the (herifF of the county wherein fuch veflel may be anchored, and by
him accounted for in the fame manner as other taxes are by this a*^ directed.
VII. And be it further en^i^ed, That the Sheriffs of the feveral counties of the State, (hall be and are
Sheriffs to col- hereby authorifed and directed to colledt the taxes herein impofed on vefTels arriving in any of the ports
ka tiixes. ^j ^j^-g stjjjg^ 35 foon as the faid velTel (hall break bulk for the purpofe of vending goods thereout; and
the faid (herifF (hall alfo immediately proceed to colled the tax on all ftores by this adl direfted, from
all perfons who (hall or may be confidered as tranfient merchants.
No sinking VIII. And bt it further enaSIed, That no (inking fund tax (hall be coUeded for the year one thoufand
fund lax- elglit hundred and fix.
IX. And be it further enaSted, That a valuation of town lots fhall be made once in each and every
Valuaii^n tf yeix, by commiffioners to be appointed by the Court of the county wherein fuch town or towns are fitu-
«wnlflu. ^jgj . j^jjj jj^ jj^g appointment of the commiffioners aforefaid, the Court may, if they deem it advifable,
appoint three difcreet perfons, being freeholders within their refpeftive counties, although fuch per-
fon may not bean inhabitant of fuch town, any law to the contrary notwithftanding.
CHAP. 7.
An act appointing the Governsrfor the time being President of the Board oj Trustees tfthe Universiij cf North-
Garelina.
TJ E it ena^ed by the General AJfemhly of the State of North-Car$lina, and it is hereby enabled by the authari-
5r3nVof XJ *y of the fames That the Governor of the State for the time being, (hill be and he is hereby de-
the Board. clared to be Prefident of the Board of Truftees of the Unlvetfity of North Carolina, and as fuch (hall
Antep 229. prelide at all meetings of faid Board : Provided always^ that if by reafon of indifpofition or other good
caufe, the Governor (hall be unable to attend any of the meetings of the faid Board, he may, byfome in-
ftrument of writing figned with his proper hand, appoint feme other perfon, being a Truftee, to aft
as Prefident for the tinse being, who (hall accordingly prefide as fuch in the abfence of the Governor.
II. And be it further enaSted, That in cafe any Member of the Board of Truftees of the faid Univerfi-
tee-Tseal'mly ^Y ^**^ ^^'^ *° 8'^* ^''® perfonal attendance at any of the meetings of faid Board for the term of two years,
'•eva«aie»i. ^ the faid Board of Truftees (hall be, and are hereby declared to be vefted with power and authority, if
they deem the fame expedient, to confider the feat of fuch member as vacated, and caufe the fame to be
■reported to the C eneral Aflemb!y ; whereupon the vacancy or vacancies fo occafioned, ihall be filled
vp by joint ballot of both houfes.
•HAP. 8. ^n act to amend en act, entitled " An a6l to prrvent aflions frsm abating: in certain cafes "
Ai.ie F. l*^» "TTTTHEREAS doubts are entertained whether, by the above recited ad, adlions which are, O" (h?Il
W be inftituted for the recovery of injury done to real or perfonal property, can be revived in
the name of, or againft thereprefentatives of any deceafed plaintiff or defendant, where the property it»
felf fhall not be in difpute } For remedy whereof.
What »<? 0118 ^"* '""•■ltd by the General Affembh of the State cf North-Car$lina, and it is berebv enacted by the authcr-
Ao MX abatt. i^y tftkejame, That from and after the paffing of this ad, no adion of trefpafs vi tt or mis, ox trefpa*
•fl the cafe, inftitute^, or which fliallhfreafterbe inftitated in any of the courts of this State, to recover 1803. 26f
damages done to property, either realorperfonal, (hall abate by the death of either plaintifFor defendant ; c^-v-O
but the fame may be revived in behalf of, or againfl: the reprefentativ«s of any deceafed plaintifFor de-
fendant, under the rules and regulations prefcribed tor the revival and continuance of other aftions j
any law, ufage or cuftom to the contrary notwrithftanding.
j4n act to alter and amend a part or the Jifth section of an act, entitled *• An ai?l dire6ling in what manner any CHAP. 9.
perfou who Heretofore has, or who hereafter m-xy enter lands in any county in this State, (hall be en« Ante p. 17.
tiUrirt tn havp his or her certificate* returned."
WHEBEAS, agreeable to the before recited a£l, it frequently becomes very difficult for the honell
claimant to obtain the benefit intended to be given by the faid a£l ; For remedy whereof,
Beit enaiifd by ths General Affimbly of the State of North- Carolina and it hereby enaSied by the authority
tfthi fame, That fo much of the before recited aft as requires the depofition of furveyors to be taken
in open court, and certified by the clerk of faid court, that refpe--\s thofe entries and furveys, when the Part of an afi
purclufe money has not been paii into the office, fliiU be void and of no effefl, lepealed.
II. And be it further ena^ed, That in future, the oath prefcribed in the before recited adl, for the fur- Oath taken be-
veyors to make in open court in cafes of deficiency where no money has been paid, it (hall and may be '*"' '** J"*"*
lawful to be taken before any two Jufticesout of court, which depofition, when fo taken and certified
under the hand and feal of fuch Juftice, (hall be a fufficient voucher to the Treafurer in the fettlement
of his accounts with the Comptroller for fuch de(iciency ; any law, ufage Or cuftom to the contrary
jiotwithltanding.
An ae'- to prevent Inapccttrs from bf^ing e mcerned tn trade, or the exportation rf eommodities liable to inspection, CMA . w.
BE it enaSed by the General JjembJy of the State of North Caroliaay and it is hereby ena^ed by the author- Vol. I. 356.
ity bf the fame f That from and after the pafling or this aft, no merchant who (hall be concerned in no merchant
trade, and in the purchafe of produce for exportation which the laws requir^tlo be infpe£l:ed. (hall be to be an In-
confidered qualified to be appointed as Infpedior of any of the articles of pVoduce which by law are, or speftor.
(hall be required to be infpefted. And if any perfon receiving an appointment as aforefaid, (hall be con-
Cerned as a merchant in the exportation of produce, he (hall forfeit the fum of thirty pounds, to be re- Forfthure oa^
covered by a£lion of debt, in th^ name of the Governor, in any court of record having jurifdidtion ^"^^l*^^"" '^*'^*
thereof -. one half to the ufe of the otate, and the other half to the ufe of the informer : And the per- p""t»tienl**'
fon fo offending(hall moreover, be removed from office by the counfy court of tke county in which her«-
fides, on motion made by the Solicitor of the county, and on producing the recordof the recovery of the
penalty above mentioned.
II. And be it further tnaSied, That if any Infpeftor already appointed (hall, after the firft day of March
next, infpeft, or be concerned in the infpedlion, of any produce bought or fold on his own account for
exportation, he (hall forfeit and pay the like fum of thirty pounds, to be recovered and applied in like
manner ; and fhall alfo be fubje£t to be removed from office in manner herein before direfted : Provi'
ded neverthelefsy that nothing herein contained (hall be confidered as applying to fliopkeepers, or others,
who do not buy or lell produce for exportation.
III. And be it further enaBed, '\ hat it (hall not be lawful for any of the county courts in this State, to Vmber of Ii^
appoint in any of the towns, more than fix Infpeftors ; except for the purpofe of infpedling lumber, in speftors,
which cafe, the court* refpediively may appoint fuch number as they may confider neceflary and proper.
An tut t» amend tke second iectiono fan get tfthe Assembly cfone thousand sveen hundred and ninetj/./ve, entitled eUAt, 1|.
*' An aC\di!eci.n , the rwaDner in which ihe cleikaot the feveral auperioi and County Courts fhall ^^j_ -^ 32^
hceaftcr m«ki: 1 1 ir reinvns m the Comp roller.
BE it enaBed by the General 'Jfemhly of the State ef North Carolinat and it it hereby t-aBed by the Muthtritf
of the fame, That in fucure. all exprelTes fent by the Comptroller, in purfuance of the before reci- '■''^'" '"^-
ted z€t, (hall be entitled to receive for their fervices, in addition to the fum already allowed by law, the '•'"pe"*'*^
fum of twenty • ve (hillings for the day they (hall arrive at the clerk's houfe or office, and the like fum
for every day the clerk thali detain them in making out his returns : which fhall be paid in the faai*
•manner as the mileage allowed to exprefles uuder the before recited aA, now is.
^66 1895.' "An art i0 repeat sa much ffthe second seetton of M act patsed in the year \fM, enlitted** Aa afil to dire A tiie
l^ni^O method of appointing Jurors and Surveyors lo runout tiifputed lands," io yar a* requires juries of"
aHAP. J 2. vieiv.
V 1 1 417 XTf THEREAS by the above recited a£l, great in con venienca hath been experienced, roif trials fre-
VV quently made in confequence of the difagresment of jurors of view, by faid aft recited : For
remedy whereof,
Be it enaBed by the General Affemhly of the Hate of North Carolina^ and it is hereby enaffedby the authori-
^**^ ^^*^ *^ iy tf the /ame. That fo much of the above recited aft as requires a jury of view on the premifes or
repeaed. lands in difpute, is hereby repealed and made void.
9HAP. 13; An act to repeal all laws and clauses of laws heretofore passed, authorising the secretarf of state to issue land
tvamnts for riilitary services.
BE // enaBed bi the General Aftmbly of the Hate oj Nortb-Ciirelina, and it it hereby enaSed by the authority
o/'^^yflwi*» That all laws and claufes of laws heretofore pafled, authorifing the Secretary of State
Laws, lie- re, to iffue land warrants fjor military fervices, be, and the fame are hereby repealed and made void j any
jeaied- Jaw to the contrary notwithftanding.
•BAF. 4«. ^n act to prevent Vice and Immorality, by declaring the offences therein contained to bf-the subject of Jndict-
ment>
v«I, 1 B2, "WTTTHEREAS the policy of all well regulated Governments requires the criminal law to be pofitivc
W and certain j and as doubts have arifen as to the power oi puniihing by indiftment, thofe who
commit the crimes of fornication or adultery.
Be it enacted by the General Ajfembly of the State ofNorth'Carelina, That from and after the pafling of
this aft, the aforcfaid crimes of fornication and adultery, where a man fhall take a woman into his houfe
or a woman a man, and they fliall have one or more children without parting or an entire reparation,
or where it fliall be proved to the fatisfaftion of the court and jury before whom it (hall be tried, that
they bed or cohabit together, fhall be deemed and held indiftable ofFences, and cognizable before any
of the fuperier or county courts in this State. And any perfon legally convifted of either of the afore>
faid ofFences, {hall be ««fined at the difcretion of the court before whom he or flie may be tried, in any
lum net exceedmg one hundred pounds : Provided always, that the evidence of the perfon who may be
partictps criminis (hall not be admitted to charge any defendant under this aft.
An act to compel the attendance of Witnesses in certain cases therein mentioned.
BE it enacted by the General Affembly oj the State of North-Carolina, and it is hereby enaBed by the authori.
ty of the fame. That in all cafes where witnefles are required to attend any commifRoners, referees,
or order of furveys, a fummons fliall be iffued by the clerk of the court, at the requeft of either party,
or their agent, exprefling the day and place, where they are to appear, the names of the parties to the
(uit, and m whofe behalf fummoned.
II. And be it further eaaSled, That all witneffes fummoned in purfuance of this aft, fliall be entitled
to the fame privileges, and receive the fame pay for their attend'ance, and be fubjcft to the fame pains
Fornication
and adultery
tndidiaiHe*
chap; 15.
Mariner ot
summoning
witnesses.
Ta receive
same
«s otheri.
len.' ^ ^^^ penalties for non attendance as witneffes iummoned to attend the county court*.
CHAP. 16. An act to amend an act passed in one iho sand eight hundred end four, entitled «♦ An afl to amend an ad
Vol. 1. 475. entitled *• An a6l concerning piovi ig of Wills and granting Letters of Admintftration, ar.d to pre-
Aotep. 244< vent frauds m the management oi InteQates edates," passed in theyee,r one thousand seven hundred and
eighty nine.
HEREAS by the before recited aft, no mode is provided by which executors or adminiflrators,
who prior to the faid aft, have advertifed agreeable to the aft of one thoufand feven hundred and
eighty nine, may perpetuate the evidence of fuch advertifement :
Bt it therefore enaSled by the General Affembly of ihe State of North- Carolina, and it is hereby enaBed by the
^''"^^^^^^' authority of the lame. That every executor or adminiftrator who fliall have advertifed agieeable to the
aft of one thoufand feven hundred and eighty nine, may, within nine months from the pafling of (hit
ft^f cftablifli the (atne in the manner prefcribed by che aft of one thoufand eight hundred aad lo^j^
and fuch notiee fo proved (hall be admitted as evidence In any court of law or Wufty, «r before any iu- 1S9S «67
Tifdiaion. '^ u-v^J"'
An act to amend anact^ passed at Netubern in the year one lh.-<usand seven hundred and ninety one, entitled CHAP 17
♦' An aft to amend an aa concerning piovins^ of Wills and gtaniing Letters of Adminiftration, and Ante p n '
to prevent frauds in the manrttfenneni of tntellatcs KUates." X'
WHEREAS by the above recited a£l, all adminift ration lionds that fhould be taken after the twen.
tieth day of May the next following, fhould be taken and made payable to the Chairman of the
Court for the time being, and his fucceflbrsin office, yet for a want -of a more fpecial knowledge of the
faid a£l, and the provifions and direftions therein contained, many adminiftration bonds were therefore
taken and made payable to the Governor for the time being, and his fucceffors, whereby doubts have
arifen whether any adlionatlaw can be maintained on fuch bonds ; For remedy whereof,
£e it enaSled hy the General AJJemhly af the State ef Narth Carolina and it is hereby enacled by the authori'
iy of the Jame^ That all adminiftration bonds taken and made payable to the Governor and his fuccef- Certain bontls
fors, after the aforefaid twentieth day of May, in the year one thoufand feven hundred and ninety two, ^°^ sued up.
may be put in fuit in the name of the Governor for the time being, by any perfon injured without any ""*
«flignment, and judgment fhall and maybe recovered thereon in any of the Courts of record in this ftate
any thing inlaid aiS to the contrary notwithftanding.
An act granting further time for proving and registering hills of saXe and deeds of gift. CHIP. It*
E it enaHiei hy the General Affetnbly of the State of North Carolina and it is hereby enaSed by the authoritv \r,\e p. 293.
of the lame, That all bills of faletaken,and deeds of gift made and not already recorded in manner re- 219.
quired by law, fhall have until the firfl: day of January, in the year one thoufand eight hundred and eight, Timegxtendsi
allowed for probate and regiftration, and (hall, when thus authenticated and perpetuated, be held and
deemed as valid to all intents and purpofes, as if they had been proved and regiftered within the time
■required by an a£l pafTed at Fayette viUe in the year one thoufand feven hundred and eighty nine j any
law to the contrary notwithftanding.
Jin act te amend the third section efan act passid in the year one thousand eight hundred and one, concerning cHAP. If.
Wrecks. A IS"?
HEREAS many difputes and much inconvenience happens by there being no perfon authorifed "'* ^' '
by law to fuperintend the fales of fuch property as naay be ftranded, on the fea coaft within the
counties mtnticned in the before recited a£i.
Be it enaSied by the General Ajetnblf of thejiate of North -Carolina, That in future the Commiffioners in Strandsd
each of the counties of Currituck, Carteret, Onflow, New-Hanover and Brunfwick, fhall be deemed "rgoes how
the proper officers to advertlfe and expofe to fale at public auction, any cargo or cargoes which may '^P^*'** °' •
be flranded or caft on (bore in his or their refpe£live diftri£ls, except the captain, owner, merchant or
confignee (hall chy.fe to fuperintend fuch fale himfelf, or to remove the property without felling it.
And each Commiffioner aforefaid fhall provide himfelf with books fufficient, and (hall record in them
all fuch Tales by him made, and (hall deliver to the captain, owner or merchant, or other perfon con-
cerned, a true account of any fuch fale or fales which fiiall have been made. And the faid CommifEoner »^
Ihall receive for fuch fervice tw© and a half per cent, on the amount of all fuch fales.
II. Se it further enacted. That no perfon who fhali hold any office or deputation under the United No U.S.
States, fhall ad as a Commiffioner m either of faid counties. cSmmislion
HI. And he it further enaSiedf That the third fedtion of the before recited aiSb is hereby repealed and pj^ oTtbe"''
'made ?.oid. former a« re-
pt&lcd.
An act to prevent the masters and owners of vessels and boats, and other persons from trading with Slaves.
BE it enaSed hy the General Afemblyo file State o/Norih'Carolina, and it isbereiy enaEitd by the authiri
ty of the lame. That if, after the paffing of this ad, any mafter or owner of any veffel or boat, ox p^^^j^^
any other perfon* belonging to, or on board of any veflel or boat, lying or being within any river, bay, i,ng ^
harbour or creek, withia the State, (halibuy, fell, or carry on any kind of trade ex metchaadi?e to and slaves.
3X
2^3 1805. with any flare or flives, without perrnKTi-.n from the miller, midrsffi or owner of fuch fl^ve or flaves,
K^f'y*^ fuch mailer or owner, or orher perfon, fo buying, felling, or carrying on trade or merchandize, (hall, for
every fuch offence, fcrfeit and pay the fum of thirty pounds, to be recovered before any jurifdiftioa
having cognizance of the fame : any law, ufage, or cuftosai to the contrary notv/ithilanding.
oi An act better to re,^u'tite and ascertain the Pilotags v-'hich si sll bs aHotved the Pilots at Cccccock In.'st, in the
iever il sntinds iind riv-rs to nvhich th^y take vessels that do ni.t belong to the State of North Carolina.
WHEREAS great inconveniences have arifen to pilots from maliers of veflels that do not belong
to the State of North- Carolina : For remedy whereof,
Be it eni^edby the General -^jfemblj ofth^StateofNoyth-Carolintiy and it is herely ena&ed by the authority
Atirj p. no. ofthifamiy That from and aher the paiung of this aft, ail pilots legally authorifed to take charge of
Kates of piioL- vefTels to bring in over Occacock Bar, or up to either of the ports of Newbern, Wafhington, Edenton or
*"** Camden, or offering to take fuch charge, if no other authorifed pilot is on board faid veffel, (hall be en-
titled to deinand and receive from the commander of fuch vefl'el or veflels as they may have charge of,
the Ibllowing pilotage, to-wit ; For ever/ veflel or veflels not belonging to the State of North-Carolina
provided fuch vefl'el or veflels bs above forty tons burthen, from the outfide of the bar, at any difl:ance
within the litiiits of pilot ground to Beacon liland Road or Wallace's Channel, if drawing lefs than
eight feet water, feven dollars : and for all veflels drawing eight feet water, and lefs than ten feet, one
dailar for eyery foot : and for allvelTels drawing ten feet and upwards, one dollar and fifty cents per foot;
and two dollars for each veflel over either of the Swailies ; and from the Swafh Straddle to either of
the ports of Newbern, or Wafhington, one dollar and fifty cents per foot, and from the Swafl% Straddle
to Edenton, fifteen dollars,and to Camden, twelve dollars and fifty cents, and the fame allowances dowa
and out,a3 in and up } any law 8, ufage or cuftom to th? contrary notwithftanding.
CHAP. 37.
An act to appoint commissioners to lay off and establish the dividing lines bei%ueen thz counties cj Chowatty
Perqutmons and Gates,
yi II private but the second seBion,
D'via'ne lire ^^- ^"'^ *^ it jurther enaHed, That the faid commiflioners ftiall nominate and appoint fuch furveyor,
* chain carrier and other attendants, as (hall be necefliary for the making, extending and eftablifliing the
faid lines, and that they ftiall begin the dividing line between the counties of Cbowan and Perquina-
ons, at fuch place on Yeopon river, above Elliot s mills, as they may think proper, due regard being
had to the former reputed line, and (hall run thence along the faid reputed line to Sunday ridge road,
and from the faid road to the interfedlion of the line of Gates county, and thence along the faid line, as
far as it extends on the heads of Cho>van and Perquimans counties, and fhall make or caufe to be made
returns of their proceedings to each ot the courts of Pleas and Quarter Seflions of the faid counties, (to
be depofited and kept among the rccerds thereof : and the faid lines when fo extended and laid off,
(hall forever be eftabliftied and confirmed as the dividing lines between the faid counties.
CHAP, 28;
Part of Pitt to
Marti D,
CHAP. 41.
A«te . 253,
An act to annex part of Pitt county to the county of Martin.
BE it ena&ed by the General Assembly of the State »r North- Carolina, and it is hereby tnaBed by the au^
thority oj the somey That from and after the paflTmg of this a£l all that part of Pitt county boun-
ded as follows, {hall be annexed to the county of Martin, viz. Beginning where the prefent county line
interfedls the fork of Trentrofs creek andiFlat Swamp to where the prefent county line crofleth faid
fwamp i and all that part of Pitt county lying north of the before recited boundaries fhall hereafter be
part of Martin county, and under the fame rules and regulations and reilrifliions as the county of Mar-
tin is or may be : Provided, nothing herein contained fliall prevent the flierifF of Pitt county from coU
leiling the taxes due him from faid inhabitants, any law to the centrary notwithftanding,
An act to repeal the act of the last session »fthe General Assembly, that changed the sessions efthe Court oj
Wake C9unty,
WHEREAS it is manifeft that the people'of Wake county are muchdiflatisfied with the change o|
the leflions of their county court, by the a£t of the laft feflion appointing one to be held on the
fourth Monday of June and another on the fourth Monday of December yearly, contrary to the formej
eftabliihment ofthefaid court, with which the people were well pleafed therefore,
Be if enacted hy the General jissemhl^ of the SUih ef Nori/^.CairoHnJ, and it is hnehy enafied- h th'^ 1805 269
authcrUy of the jamsy That the a£t of the lad Cj5sion, changing the county court of Wake, in the mar, \.,*-v-^
ner aforesaid, be hereby repealed and made void to all interts and purpofes ; and that the co rt of waketoutt,
the faid county (hall thereafter be held p^s formerly, on the third Monday of February, Mav, Augufl:
and November, yearly ; to which, all ynatters and things appertaining to the faid court fo changed and,
altered, (hall ftand adjourned ; any thing in the before recited a6l to the contrary notwithftanding.
An act for altering the time of holding the Superior Cttirts of Lav; and Courts ef Eqvity for the district of Mor- c H AP 4 '
gsr., and also the times rfhui'tiingt lie County Courts of Nemi-Hano'ver,
BE it enaSfedby the General Ajimbly of the State cf North Carolina, and it is hereby enaSied by the authori.
ty oj the same, That from and after the next court whieh (hall be held for the diftridl of Morgan,
after the passing of this z€i, the superior courts of law and courts of equity for the faid diftrid, ihall be ^^""^^^'^ ""*^*
held on the fourth days of March and September, and continue the number of days as now appointed
by law, if the bufinefs in the faid court Ihall require it, to which times all matters and things pending
and undetermined in the faid court fhall ftand adjourned, after the court which (hall be next held as
aforefaid •, and all writs and other .procefs (hall be returned on the days hereby eftablifhed, agreeably to
the true intent and meaning of this aft ; Provided neverthelefs, that whenever the faid days hereby es-
tablifhed for holding the faid fuperior court (hall be on Sunday, then the faid court (hall commence
and be held on the fucceeding day.
II. Beit enacted by the authority aforesaid, That the county courts of New-Hanover, (hall hereafter bo
held on the firft Monday in January, April, July and Odober, in each and eveiy year ; and that all ^''wHansvcr
procefs, pleading and proceedings in faid court depending, and all records therein, (hall, from the court ^^^^' i
to be held for the faid county on the third Monday of December, one thouland eight hundred and five,
be continued and ftand adjourned to the firft Monday in April next.
III. And be it further enacted. That all ads and parts qf a6ls Coming within the purview of this a€t,
(hall be, and the fame are hereby repealed.
An act to alter the times ef holding the County Court of Cumberland,
BE it tnaSitd It the General Affimbly of the Hate oj Nerth-Careliva, and it is hereby ena^ed by the authority CHAP. 46.
of tbefame^ That in future, the county court of Cumberland (hall be held on the fecond Monday
of March, June, September and December, in every year : Providedy that this z€t (hall not take effedt Cumberland
until after the next county court of Cumberland to be held in the month of January, one thoufand eight ""'*
hundred and fix ; when all caufes in the faid county court (hall then ftand adjourned to the fecond
Monday of March aext enfuing.
THETITLESOF. THEPRIVATEACTS;
22 An a£l to incorporate a company for improving co^itagious difeafes, fo far as regards the
the navigation of Tar River, and for keep- port of Edenton. —
ing the fold navigation in good repair ati«ll 26 An a6l appomting commiffioners to run and ef-
feafons. lablifti the boundary line between Wake
23 An a6l to incorporate a company for the pur- and Franklin counties.
pofe of cutting a navigable canal from Lock- 29 An a6t to amend an a6l entitled "An a£l for
woods Folly, to Elizabeth River in Brunf- fettli*j{ tke bounds of laads" paffed in the
wick county. year one thoufand feven hundred and twen-
24 An afcl for improving the navigation of Rock- ly three, as far as relates to Currituck coun-
fi(h Creek, and Little River, in Cumber- ty.
land county. 30 An a^l to lay off and afcertain the boundaries
35 An a6t to alter apd repeal the fecond and thtr4 of the feveral fiflieries on Chowan river,
feflions of an &€i of the General Aflembly, 3 1 An acl for the government of Elizabeth City.
paiTed at Fayetteville on the fifteenth day 22 An &&. to amend the laws regulating the police
of December, one thoufand feven hundred of the town of Fayetteville.
and ninety three, entitled " An a£t to pre- 33 An a£t to extend and keep in force the privi-
vent the introdudlionand communication of leges gr«Bted in an a£t of AlTembly paifeil
178 iS©5. in ihe year one thoufanu feven hunc'red and
i,^»v**J eighty-five, entitled " An &St to empower
Robinfon Mvimford and James Porterfield,
to receive Hoi age on tGbacco inl'psfted and
dqiofued in lucli warehouie or houfes «s
they iViall build at Fayettcville."
34 An a6l lo revive part of an aa eniiiled " an aft
10 regulate the town of Nixonlon in the
coun'.y oi Tafquotank, and for other purpo-
fes therein nientioned."
Sj An a£l to amend the feveral laws now in force
for the regulation of the town of Lincolnton.
36 An aa to <\iiiend an a6\ ot Affembiy now in
force tor the regulating of the town of Mor-
gHlltOU-
37 An aa ereQing a town on the lands of Henrv
Hampton, in ll^e county of burry,
.58 An a6\ to amend an a^, entitled " an a6i ef-
tabhdiin^- a tov/n at the Court honfc in the
couniy of Buncombe," paficd in the year
1797.
.S9 An aa to repeal an aft, entitled "An aa lo
edabtidi a road and ferry at Elizabeth City,
in the county of Palquolank."
-40 An a6\ refpetling the Warrenton Academy.
41 An aato amend an aa, entitled " An act \o
cflablifh an Acaderay in Nixonton, in the
<;ounty of Pafquotank," fofar as reipeas the
appointment of Trutlees.
■42 An aa to eitablilh an Acadettiy in the county
of WJikcs.
4 3 An aa to eaabllfh an Academy in the county
oi Buncombe.
47 An ac^ to provide for building a new Court
houfe in Warren county.
41 An aa to empower the perfons therein men-
tioned to call to account and fettle with for-
mer Sheriffs aad Truflees of Richmond
cftunty,
49 An aft for the appointment of a committee to
fettle with all the Sheriffs and Tr^uftees of
the county of Rockingham, for public mo-
nies due faid county.
5© An aa pointing out the duties of the Sheriff
andTruftee in Richmond county.
51 An aft pointing out the duty of the Sheriff end
Truftee of Rockingham county.
j2 An act to empower the County Court of Per-
quimons to levy and coUea a tax for the
purpofe of ere£\ing a houfe for the recep-
tion and employment of the Poor, iind^for
o^her puTpofes.
53 An aa to empower the County Court of Car-
teret to lay a tax on the inhabitants of faid
county, for the pui'pofe of building a houfe
ior the reception and employment of lh»
Pool thereof, and for other purpofcs.
5 4 An aa to authorife the County Court of P«if-
-quotank to lay a tax for the pui'ioofe of buil-
ding a Prifon and Stocks, and finifhing the
Court-houfe in faid county, and for other
purpofes therein mentioned,
55 An aa lo provide for the repairing of the Court*
houfe of Chowan county, and other purpofes.
56 An aa lo authonfe the County Court of Ran-
dolph to lay a lax to defray the expences of
building a Court-houfe in laid couniy.
57 An a6\ to dire£t the manner of appointing War-
dens of the poor for the county of Halifax.
58 An aato empower the County Courts of Cam-
den and Currituck to lay ata;; on the inhabi-
tants of faid counties for the purpofe of
building o-f houfes for the recepuon and em-
ployment of the poor thereof.
59 An act defcribing the refidence of the Wardens
of the Poor in the county of J^afh, and
other. purpofes.
60 An a6\ enabling the court for th« county of
Mecklenburg to provide for be better pre-
flrving, tranfcribmgand authenticating cer-
(;ain parts of the Records in the Regifler's
Office of faid county, and for other purpo-
fes therein mentioned.
61 An aft to authonfe the Coanty Courts of Nafh,
Hertford and Carteret, to appoint Commis-
sioners to examine the Regifter's books of
faid counties, and to appoint proper per-
fons to tranfcribe the fame, fo far as is n&.
ceffary,
62 An a6\ to compel the Regifl«r of Bertie county,
to keep his office at or within two miles of
the court-houfe of faid county.
6S An aft to compel the public Regifter and En-
try-taker ot the county of Hyde, to hold
their offices at or within four miles of the
Court-houfe of faid county.
64 An aft to compel the Clerk, Regifter and En-
try-taker of the county of Robelon, to keep
their offices at or withm five miles of the
~Court-houle«
65 An aft direfting the manner in which the She*
riff of Buncombe county, fhall hereafter
collect and pay out the tax of faid cojntyi
and other purpofes therein mentioned.
66 An aft to amend the fourth feftion of an aft,
palfed at Hillfborough in the year 1783,
-which makes .provilion for the payment of
witneffes attending the county courts with-
in this State, fo far as rcfpefts Carteret
county.
67 An a61 to amend and repeal part of an aft paf-
fed laft General Affembly, entitled "An aft
making compenfation to the County Coun
Jurors of Rickmond, and for other purpofcs
therein mentioned
68 Ana6l to amend an a6\. entiUed " An acl to al-
ter the mode of raifiiig money to defray the
expences of the Juiorb fiom the (joiinty of
Burke to the Superior Couic of Morganton
Diftritt and County Court of Burke, and
for other purpofes theiein mentioned."
69 An a6l making compenfaiion to the Ju-
rors who may hereafter attend the v.'ounty
court of Rowan
fO An act to empower the County Courts of Du-
phn and Onflow to lay a tax for the expiefs
purpofc of paying the jurors from I'md coun-
ties to the Superior Court.
71 An a£\ to amend the feveral a&s of Aflembly
that require a majority of the ac\ing juliices
to be pi elcnt for the purpofes herein men-
tioned, fo far as refpeCi&the couniiea there*
in named.
72 An a£t for the relief of Sheviifs hereafter to be
appointed for the county of Cabarrus.
73 An &&. lo tmptiwer Uriah Sullivan, late (heriff
of Brunswick county, to collect the arrears
of taxes due hini for the year 1800.
74 An afil to authorife ilie feturities of John Jen-
nings, deceafed, late fheriff of Anfon county,
tocoliedl the taxes due in faid county for the
year 1804.
75 An aCl authorifing the prefent flieriff of the
county of btokes to colle6l the lax due the
former fheriff of faid county, for the purpofe
of building a gaol for the dillriil of Salifbu-
ry, m the county of Rowan.
76 An a6l to divide the Mi'i ia of Buncombe coun-
ty into three feparate Regimenii>.
77 Ad a6l to alter the mode of holding the fepa-
rate Elections in Beaufort county.
7S An at\ granting a feparate election m the
county of TyrreU
79An a6\ to amend an a6\, entitled '• An a^l gran-
ting to the inhabitants of Northampton
county the privilege of feparate Eledlions."
to An a£l to amend the feveval a6fs of AlTembly
for eflablifliing feparate EleClion« in the
county of Duplin, and to elf ablifh one other
feparate EleC\ion in faid county.
81 An a^ to remove the feparate elediion on the
north fide of Tar river in Pitt county, here-
tofore held at the houfe of Jufiah Carney,
Efq to the houfe of Peter Mayo, on the
north fide of Grindle creek, in faid county.
82 An a£l granting a feparate eleclion to the in-
habitants in the upper part of Wake county
on the north fide of Neufe river.
93 An a£f to al;er the time of holding the feparate
eU<:ti«n in the county of Rowan*
84 An aa (oeftablifh a feparate eleaion in the 1803. 271
couniy of Guilford.
85 An a6\ to eflabiilh a Cepata'e Eleaion at the
houfe of PhiUp Mocks in Rowan county, and
lor other putpofes.
86 An att to amuid an a^, entitled " An aSt to a-
mtnd an a6t pafiVd in 'lie year 1803, enti-
tled " An act giaiuirijT hiee feparate dec-
tioh^ to the inliabi'aius of Robefon county "
87 An ttt^ graining a Itparait E.tCliun to the peo-
ple conipoling tlie tir.''. B;;iiilion in the iirft
fteginieiit ol iVJiliiia in Liiici.ln county.
88 An act graniing the privilege of a feparate E-
lection to the inhabitants of the county of
Ruiherfoid, and ultering the place of holding
the leparate Eleciion granted to the mbabi-
tan'b of laid county by the lal\ General Af-
ftmbly,iiiid to empower the Militia Officers
ot laid county to divide their Regiment in^-
to liaitalions, and to appoint the place or
places vhere buitnlion mailers Ihal] iu fu-
ture be held
89 An a I to ellablifli two feparate EleQions in the
couniy 01 Chatham, and lo alter the mode
ol holding Eleilions in faid county.
90 An acl lo eilablilh the mode ef Eledlious in fu-
ture in the county ot Granville.
91 An act to hold a feparate Eletlion in Burk*
Couniy.
92 An act relpeaing Ele6tions in the counties of
Biuntwickand Randolph.
9i An act to alter the time of holding the feveral
Elections in the county of Bladen, and to
grant ihe innabitants of faid county two o-
ther feparate Elections.
94 And a6t to edablilh a leparate Eleaion at the
houle ot John Cameron on Barbacue, in the
county of Cumberland, and to rapeal in part
an act, entitled "An at\ altering the time
and mod^ of holding fepaiate Elections in
the county of Cumberland, and for other
purpofes," palled in ihe year eighteen huu*
dred and four.
95 An act to eflabliih the modeof Eleaions in fu-
ture in ihe counties of Onflow and Rich-
mond.
96 An act to alter the place of holding the Gene-
ral Muflers in the upper end of Halifax
County.
97 An att to repeal part of an aa paffed in the
year 1803, which direas the mode of ap-
pointing Conllables in the county of Rowan.
98 An aa to incorporate St. Tammany's Lodge,
Number thirty, Wilmingion.
99 An aft to repeal an a6t, paffed at Raleigh in the
year one ihouland eight hundred and one,
«nUtU4 \* An aC\ to f r«yent th« tatal e£r«:C>s
S Y
272 1805.
of the Murrain cilRernpcr among catllcj f»
faf as refpefils the county'of tiranville.
100 An a.€i to repeal part uf the fourth feftion of an
atl paffecl in tlie year one thoufantl feven
hundred and fifteen i'o far as it affefils Car-
teret county.
101 Ana6\to authorife ThomasSt^ndback,of the
county of Richmond, to continue to k^ep 109 An
his Gales on the road leading to his feiry
on Pedee River.
102 An aclto authorife the County Court of Stokes 1 10 An
to make compenfation to their Committee
of Finance.
103 An art tt» amend the feventh fe£\ion of an &€t, 111 An
paffed at Raleigh in the year one thoufand
feven hundred and ninety-five, fo far as
refpefils the county of Lenoir.
104 An a£l to incorporate the Newbern Mechanic 112 An
Society.
105 An art to authorife William Eaton of the town 113 An
of Newbern, to raifeby lottery a fum money
for the purpofe of enabling him to eftab- 114 Ati
lilh a Manufartory oi Salt in this State.
106 An art for the Relief of Lauchler M'Keller. 115 An
107 An art to prevent perfons who refide in any
other counties from voting at any Eleilion
in the county of Hyde. 116 An
108 An a*^ t<^ continue in force an art, pafTed at
the laft General Affcmbly, entitled " An
ȣl to amend an art paffed in the year one
thoufand feven hundred and ninety three,
entitled, An art to amend an art paffed at
Newbern in the year one thoufand levea
hundred and feventy feven, entitled r\n
a6\ to encourage the building ef Public
Mills, and dirertmg. the duty of Millers,
art to emancipate Ifaac Jones and other*
therein mentioned, of the county of An-
fon.
art authorifing Martin Kellar to hawk and
peddle, and to exempt him from the pay-
ment of public taxes. i- ■
art to reftore to credit John Sheppa>'d, of
the county oi Montgomery, and John Tay-
lor, who was convicted of petit larceny- at
the aforefaidCoun.y Cou"t.
art to pardon and reftore to credit Dennis
Bradley, of Wake County -
art to reftore to credit William Btil6y, of
Pitt Couniy.
art to pardon and reftore to credit Thomas
Triplet, of Burke County,
art to fecure to the Perfons therein named
fuch Property as they may hereafter ac-
quire. . .
art to alter the names of the Perfons there-
in mentioned, and to legitimate a part chere<>
of.
Head three tma^ and ratified in General /Jemblyt the 2Ut ofDecemhert 180S.
ALEXANDER MARTIN, S. 5.
S. CABARRUS, Sp. H, C.
At a GENERAL ASSEMBLY, begun and held at the Cir y ®f Raleigh o.ti NATHAm.r,
jthe Sevententh Day of November, in the Year of our Lord one Thousand' ^oXm^or
Light Hundreid and Six, and in the Thirty-First Year of the Independence
of the United States of America : It being the first session oi this
General Assembly.
J7i Act for the more uniform and convenient administration of Justice Hcithin this Slate. CHAF. I.
XT 'HERE AS the delays and expences inseparable from the present constitution of the courts of this State
W do often amount to a denial of Justice, the ruin of suitors, and render a change in the same indis-
pensably necessary :
ir'd it enacted by the General Assembly of the State of JVorth Carolina, and it is hereby enacted by the authority ^ Snpetier
of the idTfie, That a superior court shall be held at the court-house in each county in the Stale twice in Couit in each
every year, which courts shall have the same jurisdiction that the present superior courts of law and courts cou«ity.
of equity now have and exercise.
II. And be it further enacted, That the State shall be divided into six circuits ; the first eircuit to be com-
posed of the counties of Currituck, Camden, Pasquotank, Perquimons, Chowan, Gates, Hertford, Bertie, ststo divi*
"Washington and Tyrrel ; the second circuit to be composed of the counties of Jones, Carteret, Onslow, ded into cii.
Duplin, Wayne, Greene, Lenoir, Craven, Beaufort and Hyde ; the third circuit to be composed of the cults,
counties of Pitt, Edgecomb, Nash, Johnston, Wake, Franklin, Warren, Halifax, Northampton and Martin;the
fourth circuit to be composed of the counties of Chatham, Randolph, Rowan, Stokes, Rockingham, Guilford,
Caswell, Person, Granville andOrange; the fifth circuit to be composed of the counties of Montgomery, An-
son, Richmond, Moore, Robeson, Cumberland, Bladen, Brunswick, New Hanover and Sampson ; and the
sixth circuit to be composed of the counties of Surry, Wilkes, Ashe, Buncombe, Rutherford, Burke, Lincoln,
Iredell, Cabarrus and Mecklenburgh.
III. A7id be it farther enacted, That the courts in the counties composing the first circuit shall be held on . C«urt« Yua
the following times, to wit, Currituck to begin the first Monday of March and September, Camden the held,
second M<Snday of March and September, Pasquotank the third Monday of March and September, Per-
quimons the fourth Monday of March and September, Chowan the first Monday after the fourth Monday
of March and September, Gates the second Monday after the fourth Monday of March and September
Hertford the third Monday after the fourth Monday of March and September, Bertie the fourth Monday after
the fc'Urth Monday of March and September, Washmgton the fifth Monday afi;er fourth Monday of March
and September, Tyrrel the sixth Monday after the fourth Monday of March and September. The courts
in the counties composing the second circuit shall be held on the following times, (to wit) Carteret the first
Menday of March and September, Jones the second Monday of March and September, Onslow the third
Monday in March and September, Duplin the fourth Monday in March and September, Wayne the first
Monday after the fourth Monday in March prd September, Greene the second Monday after the fourth
Monday in Match and September, Lenoir the third Monday after the fourth Monday in March and, Septem-
ber, Craven the fourth Monday after the fourth Monday in March and September, Beaufort the fifth
3^Iond?.y af'er the fourth Monday inMnrch and September, Hyde the sixth Monday after the fourth Mon-
day in March and September. I'he courts in the counties composing the third circuit, shall be held on the
foilowirg times, (to >vit.) Pitt the first r.Ionday in March and September, Fdgecomb the second Monday
in. March and September, Nash the third Monday in March and September, Johnston the fourth Monday
in March find bepteraher. Wake the first Monday after the fourth Monday in March and September, Frank-
lin the second Monday sfter the fourth Mohday in March and September, Warren Uie third Monday after
the fourth Monday in March Tind September, Eafifax the fourth Monday after the fourth Monday in March
and September, Northampton thtfiiifdi Monday after the tourth Monday in March and September, Martin
the sixth Menday after the fourth Mcjiiay io March and September. The Courts in the counties compo-
3 Z
g?l iseff.
sing rtift fourth circuit, sliall Be held on?he following tif^es, (to ^i^1^. Granville the first Monday inMarch and
iSeptember, Person the second Monday in March and Ssptembjr, Orange the third Monday in March and
September; Chatham the fourth Monday n March and September, -Randolph the first Monday after the.
fourth Monday in March and September, Rowan the second M'snday after the fourth Monday in March
and September, Stokes the third Monday after the fourth Monday in March .and Septamber, Guilford the
fourth Monday after the fourth Monday in March and Septeniber, Rockingham the hflh Monday after the
fourth Monday in March and September, Caswell the sixth Monday after the fojfirth Monday in March and
September. The courts in the counties compjsing the fifth circuit, shall be held on the foUovi'in!^- funs*
(to mt) Montgomery the first Monday in March and September, Anson the second Monday in March and
September, Richmond the third Monday in March and September, Robeson the fourtlj^: Monday in March
and Septembers Bladen the first Monday apfter the fourth Monday in March and September, Brunswick the
second Monday after the fourth Monday in March and September, New -Hanover the third Monday afc«p
the fourth Monday in March and Septeraber, Sampson the fourth Monday after the fourth Mofiday in
March and September, Cumberland the fifth Monday after the fourth Monday in jVf.arch and September,
Moore the sixth Monday after the fourth Monday in March and September. The courts "^fln the counties
composing the sixth circuit, shall be held on' the following times (to wit) Surry the first Monday in March
and September, Ashe the second Monday in March and September, Wilkes the third Monday in March
and Septembers Burke the fourth Monday in March and September, Buncombe the first Mooday after the
fourth Monday in March and September, Rutherford, the second Monday after the fourth Monday in March
and September, Lincoln the third Monday after the fourth Monday in March and September, Iredell the
fourth Monday after the fourth Monday in March and September, Cabarrus the fifth Monday after the fourth
Monday in March and September, Mecklenburgh the sixth Monday after the fourth Monday in March and
September.
How long to ^^° -^'^^ ^^ itjurther enacted, That the said superior courts shall be held by the Judges now in office,
sit, and their successors, and those to be appointed by A'irtue of this act, and shall continue their sittings from
day to day, for six days should the business of the courts require it.
Additional ^- "^'^^ *^ it further enacted^ That there shall be appointed by joint ballot of both houses of the General
Judges, Assembly, two Judges, in addition to those who are novr, Judges of law and courts of equity of the present
superior courts, who shall be entitled to the same salary, and have and exercise the same powers and au-
thorities as the Judges of the present superior courts of law and courts of equity have hitherto had and exer-
cised.
Judges to at- VI. And be it further enacted^ That the said Judges shall, in such manner as may be agreed on between
tend in rota- themselves, attend the superior courts by this act established in rotation, so thst they shall not attend the
**°"' same courts twice in succession.
Additional VII. And be it further enacted, That in addition to the present Attorney and Solicitor-General, there shall
Solicitors. b« appointed by joint ballot of both Houses of the General Assembly, four Solicitors, to attend and prosecute
in behalf of the Slate, in the respective circuits for which they shall be appointed.
Attorney VIII. And be it further enacted, That the Attorney-General shall attend and prosecute in behalf of the
Generii and State in the Superior courts composing the third bircuit, and that the Solicitor heretofore appointed shall at-
SoIicitQr'ddut/| tend the superior courts composing the fourth circuit. And the Attorney and Solicitor-General, together
with the Solicitors appointed under this act, shall receive the sum often pounds for each and every court t^ey
shall attend ; to be paid by the Treasurer on their producing a certificate from' the elerk of their attendance,
together with the fees arising on state prosecutions, which shall be in full compeasation for their services.
— IX. And be it further enacted, That the county courts shall retain the same powers and jurisdictions which
te tummoniu! ^^^^ heretofore have had, and shall be held four times in each and every year, as they heretofore have been
rors, * held. And the sheriffs of the county courts shall be the sheriffs of the superior courts by this act establish-
ed: Provided always, That no county court within this sSate shall be obliged to summon jurors to attend
their said courts more than twice in each and every year, unless the business of the said courts shall so
require. "
Judges toap» X. And be it further enacted, That th'e several Judges of the Superior Courts by this act established, shall
'point Clerk;;, appoint Clerks and Clerks and Masters in Equity, of skill and probity, of the several respective courts hereby
ice- established : Prowf^ed nevertheless, That the persons so appointed shall be residents within' said county at
the passing of this act, and continue to reside within the same during their continuance i" office, -who shall
be subject to the same rules, regulations, and, penalties as the Cleirks of the Superior Courts and Clerks and
Masters of the courts of Etjuity heretofore established by law.
Jurors liow X^' -^fi be it further enacted, That the Justices of the several county courts In this State, shall, at the res-
flfpointtii, pcctive<;ourts aest preceding the sitting of the Superior court ia their respective coui^iis, appoint thirty
yxfofi, \«-]io shall he snmmo'ned hy the Sheriff to attend th^^said f5upenot' Court, hi the manner prescribe'l 1 806. ifk
by law ; Provided nevertheless,, That if aay of the said courts'should happen within thirty days of the sitlinff ^^- ^
of the Superior Court of their county, the Justices of the said County Court shall appoint the Jurors aforesaid
at the* court preceding 5 aodthat tl>« said .^urors shall b^ liable" for non-atteadance as Jurors are in the present
Superior Court.
XII. And be it fiivther enacted, That in all causes, whether civil or criminal, which shall be pending in
any of the said coartsestablished hy this act, in \rhich it shUl be suggested, on oath or affirmation, on be- u ^*""* ™*y
half of the State or the traverser of the bill of indictment, or of the plaintiffs or defendants in said causes '6"ov£d»
that there are probable grounds that justice cannot be obtained in the county in which said causes shall be'
pending, that then and in that case the Judge of said court is hereby authorised to ordel' a copy of the re-
cord of said cause to be removed to sonic adjacent coui't for trial.*,*. Provided always, that all state causes
now depending in any of the present Superior Courts, shall be tried' in the Superior Courts of the counties
where the district towns are situated. *
XllL- Nad il- ej'ect,
ILlV. Be It further enacted, That the Clerks and Clerks and Masters in Equity ot the present Superior
Courts of Law and Courts of Equity, shall be Cierks and Clerks and Misters in Equity in the courts by ri^k^*"* •
this act established, in the counties respectively in which their offices are now kept, and the Clerks and ued *^""*"*'
Clerks and Masters in Equity of the several Superior Courts of Law and Courts of Equity, shall be enti-
tled to all the feefr already accrued on the said suits so to be transferred.
XV. -dnd beit further enacted, That the Judges of the Superior Courts by this act established, or a ma- Sup-eme coort
jority of them, shall hold the Supreme Court once in each and every year in the city of Raleigh, on the held once 3
firs, clay of July, that if said day should hSfppen on Sunday, then on the next sacceefling day, with the same y^**""
powers and under the same rules and regulations as is novir prescribed by law ; and the said Supreme Court
shall prescribe and establish from time to lime, rules of practice for the said Superior Courts, which rales the
Clerk of the Supreme Court shall ccrtif)^ to the Judges of the Superior Courts, who shall cause the same to
be entered on the records of ifhe said courts.
XVI. Jnd be it further enacted. That all the civil business of the State, institutedby the Treasurer, shall State businesj
be tried in the superior Court held in and for the county of Wake in the city of Raleigh. at Raleigh.
XVII. And be It further enacted, That the fees of Attornies, Clerks and Sheriffs for pleading and acting
in said Superior Cour'ui, shall not exceed those alrea<iy established by law for pleading and acting in the ^^^^'
County Courts of Picas and Quarter Sessions.
XVIII>vf«(sf be it farther enacted. That the several County Courts in this State shall have the same pow-
er to alloAvpay to the Jurors of the Superior Courts by this act estabUshed as they now have respecting ^*y°^ jarors,,
the County Court- Jurors.
XIX. Be it further enacted. That all laws and clauses of ]|^ws th^t come within the pumew and meaning Former lav»
of this act, be repealed and made void. repeakd.
An act amendatory aM sujifilemental to an act, entitled, « Xn act for the more uniform and convenient admin- chap. S.
istration ol Justice," tossed at the present session of this General Assembly.
Z it efiacted by the General Assembly of the Stats of North Carolina, and it is hereby enacted by the authority
o/"f/ze «awe, That at the first term at which the several county courts of pleas and quarter sessions
shah be held within this State after the first day of January next, and once at least in every three years
thereafter, it shall and may be lawful for each and every of the said county courts, and they are hereby di-
rected and required, to cause the jury lists to be made up from the tax returns of such county for the pre-
ceding year, which tax returns shall be furnished fay the Clerk of said county, whenever thereto required by
satd court; and the justices attending at such court, shall cause therefrom to be transcribed, the names f Manner of 4p«
all such persons who are by law qualified to serve as jurors, (except those who from age, infirmity, or from pointing ju"
any other cause, may be unfit to serve as jurors) whose names shall be written on small scrolls of paper of ''*»'«•
equal size and put into a box to be procured for that purpose, which shall have two divisions marked No. 1
and 2. and two locks the key of one to be safely kept by the sheriff of the county, the other by the chairman
of the county court, and the box by the clerk of said court ; and the said justices at each and'every session
of their said'" court, which shall happen next preceding the sitting of the superior court of the said county,
shall cause to be drawn from the said jury box, out of the partition marked No. 1, by a child not more than
ten years of age, thirty persons, who shall serve as jurors at the next succeeding superior court to be held
for said county : Provided always, that whensoever the county court of such county shall be held within fifteen
days of the sitting of the superior court of the same, that then the court preceding such county court, shall
draw the jury as aforesaid, i^nd provided further^ That in case any of the jurors so drawn shall have a suif
^76 18G6. pending and at issue in the superior court, the several scrolls with his or their n^mea, shall be returned
V_,^-^i into the partition No. 1, of the jury box, or if any of said persons so drawn shall be dead or re;moved out of
the county, the said scrolls with his or their names to be destroyed, and other jurors shall be drawn in his or
their ^--tead : and the scrolls drawn as aforesaid, shall be put into the partition marked No. 2 ;, and the clerk
shall furnith the sheriff with a list of the jurors so drawn, who shall be bound to summon the same to attend
at the court for which they are appointed, under the same rules, regulations and penalties, as are now by
law established for the summoniiir;' of jurors ; and thtt said jurors shall be bound to attend said court in the
same manner and shall be subjeet to the same forfeitures as heretofore for non-at(endance : .Provided further,
that if before the expiration of three years, the names of the jurors in the partition No- 1, shall be drawn
out, then the whole names shallbe putinto the said partition marked No. Land drawn out again as herein first
directed. And there shall also be put inio said partition marked No. 1, at the court foUowiiiig every first day
of January in each year, the names of such persons as shall appear, by the tax-lists immediately preceding,
to have become qualified to serve as jurors since the making out of the general triennial list, subject howe-
ver to the exceptions in the first section of this act. , , .»
II. Jnd be it furtktr enacted, That if some one of the Judges of the said superior court shall not attend
Sher'ff may and hold each of the superior courts in this State on the day by law prescribed for holdmg such courts, the
adioum the- gj^gj-jfl- ^f t^g county or his lawful deputy, shall open and adjourn such court from day to day, until one of
Cowrt, ^j^^ g^.^ Judges shall attend and hold the same, or until the third day appointed for the holdinjj thereof, on
which said third day, the sheriff or his said lawful deputy, shall adjourn the same unto the next court, to
which time all actions, pleas, process and other matters pending ia the said court shall be continued and
have day, as if the said coyrt had been duly held.
III. ylnd be it further enacted; That the first court to be held under the said act, shall commence on the
"_, of per- ^^®*- Monday in March next, and the first circuits or ridings be performed as follows, and thereafter as directed
f 01 riling the ^y ^^^ aforesaid act ; tl^e courts in the first riding shall be holden by David Stone, Esquire ; the courts in
1st circuits. the second riding shall be holden by John Louis Taylor, Esquire; the courts in the third riding shall be
holden by .Tohn Hall, Esquire ; the courts in the fourth riding shall be holden 6^ Spjiuce Macay, Esquire ;
the courts in the fifth riding shall be holded by Samuel Lowrie, Esquire ; the courts in the sixth rjding
shall be holden by Francis Locke, Esquire. And the said several Judges shall appoint the clerks and clerks
and masters in equity within their respective circuits or ridings. And it shall be the duty of the clerks and
clerks and masters in equity, to take the oath of ofRcaJ and give bonds as by law prescribed ncceissary for
their qualification, before the Judge holding the superior court in each county.
IV. Jjid^e it further enacted, That in all cases whert any person or persons are bound in recognizance
, to appear and answer to any charges to be alledged against them, to prosecute in behalf f)f the State, to give
TPersons boun gyj^igj-^j-g^ ^j, f^j. other causes ; and by virtue of their said recognizances are .to appear on the days en which
ce/fectto^ap- the former superior courts respectively were to have been holden, that it shall be the duty of the several
ptar &c. clerks of the said courts respectively (who 'are now, by an act passed this present session of theiegiclature,
entitled " An act for the more uniform and convenient administration of justice witlnn this State,") consti-
tuted clerks of the superior courts to be holden in the several counties in which tlie for5>;er superior courts
were holden and in which their respective offices are situated) to attend at their respective court-houses on
the days on which the said former superior courts were to have been holden, and on the days on which the
above description of persons recognized to appear, and then and there, froni day today, for the apace often
days, to call out all such persons so bound as aforesaid. And it shall be the duty, of the said clerks respec-
tively to recognize all such persons so bound as aforesaid, and who shall appear and answer on said days toap-
pea'' and'answer, to prosecute or give evidence, as the eases may be, at the superior courts to be holden in the
said counties respectively, agreeably to the above recited act, and which shall happen next after said days,
.^ that they may be so bound. And in all cases where any of such persons shall appear and refuse to be bound
as aforesaid, or refuse or fail to give sufficient security whenever the same is requirable and required by
the said clerks, for their appearance at the next superior court to be holden in said counties respectively, it
shall be the duty of the said clerks, and they are hereby authorised and directed to commit such persons to
the gaols of their respective counties, until the times the superior courts by the above recited act shall happen,
or until such person or personal give such security as aforesaid ; and in all cases where any of the above de-
scriptions of persons shall fail to appear, it shall be the duty of the said clerks respectively to note their re-
cognizances as forfeited, and to proceed thereon by issuing scire faciases returnable to the first superior
Courts to be holden in their respective counties hereafter (agreeably to the above recited act) to shew cause,
if any they have, why the said recognizanses should not be absolutely forfeited, and for which services the
said clerks sVall have such fees as for the samethey were heretofore entitled to by law.
Cltrks to trans V. Jnd be it further enacted, That it shall be the duty of the said clerks res^ctively, to transmit to the
a>untUs° '° several county court clerks, the records, papers and all proceedings, by some safe conveyance, of all such
mvisr:, r/.T'ters and things as by the above recited act are to be tried in tbs ^vipt^rlnr covrts oTi'ie cir,nii-s. T'o^. 5r?
And it. sl-all be the duly of the said county court cleriis icspectiVi;ly, to receive aiul saii:ly keep ilic same k— y— / *
until the Judge sli;ill appoint ckrks and clerks and masters in 'equity in the said counties for sa d superior
courts, and to deliver the said r?:-c.ords, papers and proceedings, to the said cierks and clerks and in.i iters ia
equity so appointed, who shall docket the same, according to their respective numbers lor tri.d. And the
said clerks so transmitting the sakl records, papers and proceedings, shall receive lor their trouble the sum
of twenty-five shilling in each and eveiy cause by l.dm transmitted us above directed, to be paid by the part/
cast on the final decision 6f su.:h cause.
VI. Beit further enacted, I'hut any clerk, or clerk and niasterin equity of the present superior courts of
law and equity, who^sh;d! fail, refuse or nesjlect to pCi-form his duty iu iran:iferrin:j; the suits as required ljy
the before recited act, in manner as directed by this act, shall be deemed guilty of a misdemeanor in oili'e, Peratty
and Oil conviction, shall be removed Iherefrorn, and bo further liable to pay the sum of five hundred pounds
for each failure or neglect, one half to the use' of the State, and the other half to the use of the party inju-
red.
VII. .//«rf if /f/wr'A-'r ewatrfrrf, That in all civil suits, directed by the aforesaid act to be transmitted to . .
the superior courts in the different counties withiM this State, it shail and may he lavvful for the parlies either ^"«<='"'"* »°'
plaintiiT or defendant, their a:o;ent or attorney, to apply to the clerk of the county cou-t wlihin the said cou'ity, *" i*^"*®'
to issue Hubpenas for all such witnesses as in.iy be necessary for him or them on the trial of such cduse. A id
the cleiks of the said county court are hereby aulhorised and required to issue such subpena or subpetias,
returnable to tbe first day of the superior court to hi holdsn in their respective counties, on application as
aforesud. And the several sheriffs within th« said counties are hereby authorised and required to execute
and make due retui'n of all sucn sulipenas. And the witness or witnesses so summoned, sluiil be sul^ject to
the same penalties for non-attendance, auAne entitled Ij the same pay as is hereaUer provided fyr the cotn-
pensation of witnesses attending under subpena.
VIII. And be it fi,rthe,- enacted., Tliat the sheriffs of the several counties wuTnn this State in which a Provision for
county court shall not be regularly holden between the rise oftiie present General Assembly, and fifteen j"'"'**
days befc're the day uppointed by the above recited act for the holdingof the superior court in such county,
tORubimon seven or more Justicrj of the Peace of said county to runvene together at the conrt-liouse in
said county, which Justices so convened, or any Tmc of theni, shad bi authorised to appoiiw a jury to attend
the first superior court to be held for said \.ouiiiy,i!i the folio ing manner, to wit : The said Justices shall
cause to be wiittcn on small scrolls of paper of equal ^\%t, the names of one hundred and twenty persons,
properly qualified to serve as j\irors, from wiiich shall be drawn thirty persons, who shtdl be, and hereby are
declared to be legal and qualified jurors to serve at the said first court to be held for said county. And the
said Justices are hereby required to furnish the sheiiff with u list of the names so drawn to serve as jurors ;
ami the said sheriff shall be bouid to summon the sime to u'.tend the said court, u';d.-r the same rules, re-
aulations and penalties as are now by law established for summoiiing jurors. And the said jurors shall be
hr\ nd to attend said couit in tlie s^ne manner, and bliail be subject to the same forfeitures for non-aiten-
danic as beretc'ore.
IX. And bf it further eiiacted., Thsit each person who shall attend any of the courts by the before recited Allowareei to
act, as a witness in any caiisc therein depending, shall be allowed tor each and every day's attendance, and vrucesses*
for every thirty miles he or she shall travel going to and returning from the said covirt, six shillings, provi-
ded the laid witness' resides wiihin the county wherein the suit is tried, or the sum of ten shillings, if such
■witness lives out of the said coanty, to be paid as heretofore directed by law.
.X. And be it furth'r enacted^ That proper set-iiTfor each rmd every court by the said act established, shall
be provided by the Clovernor «)fthi3 State, and the expence incurred in procuing the same-, sh dl be paid on ^ ^*^a °
a warrant drawn by the Governor on the Public Treasurer ; and the seals heretofore provided shall remain 1 "■ • •
iu the offifes 'o which they lespectively belong, for the purpose of attesting the recoi"ds of the present dis
trict superior (Ourts of law and equity.
XI. Ai-d b it further enacted, That the clerks and clerks and masters of the present district superior
coats of law and courts of eqi.ity, shall have full power and authority to is-.ue exec\itions and all oth'^r neces- cie'ks & ftiaa-
sary process on »11 judgments and decrei s, now had or which may hereafter be had or made in any of the ^ teis to issue
said courts, previous to the first Monday m Maivh next, and may continually thereafter issue executions and executions,
otlier necessary process, to carry, any such judgments and decrees into full and complete elfect. ^ And that ^^'
till executions which now are. or may hereafter be issued from any of the offices of the district courts,
snail be returned to the superior courts of the counties respectively in which the said district Cf>uits were
held. And until after the commencement of the first term of the respective superior courts of law and
courts of equity by the above recited act established, all original and mesne process shall and may be issued
tv the clerks and clerks and ma&ifcr ia equity of the present district courts, and retui-.jable to the superior
4 A
2fS \fiCif}, courts of law and courts of eq^iity wliere the same may be triabV, at-co''.l:'.i?; to the 'rovi bns of the above
1 ccitcd act.
XII.'.'?«'f be ii further enacted, That wlienever any suit s'lall be dHxctetl tD be removed ftOiiT any of the
sijptnor ccnrts by said ?.ct eslayislicd, agi'eealjly t > the twelfth' section ol's.iid Dct, it simil be tlve diilyorthe
clerk to transmit a transcript of the record of said suit lo tlie court to whicli ilie stime is (h reeled to be traiis-
mitied, together with any depositions or other written evidences which may be filed tiierein, at least fiiieea
days before the siuiiig of the court to vvliich the-same shall be directed to Ijc iransmiited. forwldch he shall
be allowed the svini of ten shiiiings, to be paid by the parly niakiiig apphcation for the removal at the lime
of filing his, her or their aHidavit.
XIII. Jiid be itfurthir ctiacfed. That the Judges to be appointed under the Sfud recited act may, and they
Qijal fi'::ir.n are hereby authorised and empoweredjiiirake the oaths prescribed ^'y law for their \jij,dification before any
©i tlie-Jujgts. Judge or .Tusiice cf the Peace ; and it shall be the. duty of ilie sai I Judge or Justice of lh« I'eace before
wliom sitcii Ju.dg;e or Judfjcs may qr.-uify, localise sncii Jiida^ or Jiidges^io subscribe the oaths By tfUP <>r
"» tl.'jn) taken, w.d hav;;jg certified ine same, shall return said oiths to the Secretary of State, who shilt
cuj'efuHy pfctiC^ye tbem : Provided /lonucTjer, that the duties and corni>fcnsation of the said Judi^es shall riOt
comnuT.ence pnovio the tii-st Rlxjiiday hi March next.
CHAT. 3. -^n Jet to raise a S<^venue/cr the Faxmrrt- of the. Civil Lht and contiv.fcnt C'argcs of Governmcn' for the yta^
(Jne ThouHmd J.ight Hundred and Suvn.
IP^ E it '■nucted by t/t" General Af:^imllt^ of ihe !jtafe r)f Mrth-Ca^fjUna, ar.d i' i-i hereby enacted by the av'hority
M.3 kf i'^£ f^iiiric^ That, for the year ,one- thousand ei!>;ht hundred aiid seven, a tax of tiyht pence on eveiy
Ts)f onward:., Juiuiired acrss ofhmd within this Stute, and a tax oi' two shihi.it^s on every hundred pounda value of tuuu
»i\>i:lu.8 &. 1^>-Si with thck'inprovements, a^ AVell'n those not established by acts oT A<-.emhly as on those that have
p. Is. been so e.stablislied ; and a tax of two s'riliings' r.ti every poll sh^U be levied, collected and accoimtcd fur in
th«' same masmer as such taxes have heretofore been levitKl, collected and accountetl hu-.
^ ^ tS. Be h further aiw.tvd^ That a la\ ou all stud horses and jackas'ies wit.iin tiiio> State, of tli; full sum
1 ff Uhorsss tvhith the owner or keeper of such stad horse or jackass shall asii, demand or receive for the sea^j.i of one
•*'"• iTiare, shtdi be levied and collected as above. ^
y., . ^'J' ^f itfurthf^- enacted,- That all free males, between the ages of twenty-oie and fifty, and all slaves
te lo-rtc'x " between the ages of twelve and fifty years, shall be subject to'a poll tax : Provid.-d, that all' slaves be listed
in the county wherein they reside, ai(d the tax shall be collected accordiiii>iy.
IV. Jnd be it fur/her enacted, That each and every person who shall hereafter ped-^Ue or iunvk troods in
any of the comities of this State, shall first obtain a licence from tlie clerk of seme county of this otate, ui-
Tsx ortjjed- der his seal of office ; and the person so peddling and hawking shall puy to the < lerk, before obtainini- suid
•«w»« licence, the sum often pounds^ to the use cf the State, in be accounteid for oy the clerk in the s.me manner
as !ax fees are accounted for ; and any licence so obiaVned, shall authorise sn:<l pedlar to pefldle and hu.kvk
Roods in any and every county in this State, for the term of one ye tr-, and if any person shall peddle op
havk goods in any county of this State without licence, he shall forfeit and pay the sum of thirty pounds,
to be recovered by the sheriff, or any other person of the ccTiinty in which he shall no pedd!e, before any
justice cfthe peace, in the nam^^ of the Governor, one half to the use of the said sheriff or other person,
and the other half to the use of the Statt .
V. And be it fur /her eracfed, That all iTierchants, either whole-s:de or retail, shall pay a tax of fifty
sT illings on each and every store in this St. te, at which they shall sell any goods, wares )r merchandise, to
Tazonstotci. the amount of two "hundred dollars in any otre year : And all merchmts or owners of stores as aforesaid,
shah' give in his, her or their store or stores as the case may be, with the list of tiieir taxable property, ur.-
derth.e same rules and regulafif ns that other taxable property is given in ; wnich said tax shall be levied,
collected and accounted for, in the same manneras other taxes.
Q^ ^ VI. Jli.d be it furrhtr enacted. That e\ery person who shall corne into this Slate on board any vessel, with
kitahiiijbj'k* ^""^'^ ^^"^ meichandizeon boaid thereof which shall not be subject to the payment of duties imposed by
the laWHoithe United St ites, aid break bulk or retail said goods or merchandize, shall pay ten pounds,
to be collected by the s'lerilTof the county wherein such vessel may be anchored, and by him accounted
for in the same mnnner as other tuves are by this act directed.
VII. jihidbe it further enwted. That the sheriffs of the several counties of the State, shall be and arc
Sbrrffj to col- ne''eby amrhnrised and direrted to collect the taxes herein imposed on vessels arriving in any of the ports of
^*' •'• ^ .'* Stute, as soon as the said vessel sh-dl break bulk for the purpose of vending good- thereout ; aid the
said she-iif shall also immediately proceed to collect the tax on all stores by this £.ct directed, from all per-
Bonswho shall or may be considered as transient tnerchants.
fcJd!,!"''""*' . ^'*^' "^^ '^ *'■ *' ^'"'ff*''^ emcted, That no sinking fund tax shall be collected for the year one thousand
v>na u«. jjgl^l Iittudre tl 4nd seven .
■ ; ""-'1 T. 1 every ye^ ■ , .. . ;
_i ; I -....- .....^. . .>.■ ...^ ,.| ,, r: I,., :._, LinT n.Mi L iM l.ic i-uiuji.i ^\ Hti till s',n,!i \- ■^^ :i oi' I'.u'ns are siiuiieci ; air. I >— -y-^i-'
i:. the up;)'iialmcnt of the i;t>-iimissioi)t-vs i;r>rcSiii(!, the Coml hlull appoint three liivjitet persons btinjr
f. cch( h e-.'s wiif.'ni ll>eir f e«pertive c^o'.iiiiies •w4io sluill l;e ^lualiliecl before h -uie jubUce ol' tlic ptu^c to perforin VilKaticn of
tile diiiics of llit.ir iippottitTrtent, any law tu^he contrary JiotwUhstandiii'y. *"^*'" '°'^'
X. .'/.'. cf 6.' it fiiytht-r nmcted. '1 hut from and alter the pasbins of i!us act. all houses oncl lots, or otlur
(' ' .tc r^al or i)crsonal appertainiiu^ Iheiein, set apart and iippro|)riat>.d to diviiie worship or for the cdura-,^*'"*'" P'"^*
T.^'.", of the yuiith, shalj be and tiiC same are hereby exempted fiom all taxes whatsoever, any law to the f"' , *^*'^"'l'*
cuiurary noiwith3taiK!H.t>. """^ *''''• .
^n act. toammU an act, er.'itlrd * An a*t to Dir.end an act pqssed in the year 1804 er.titkd An act appoin-
tiriii- { ourmissiontTS to extend the boundary line of this State and the Siute of iSouth-Carolina'/'Uiixc/ at ^"•^''' *•
haldr^lt in. the: year I8')3.
\ i^ KEl\Fw\5 by the above inemicritd act, power and authorky is t>,iven to the Gcver!>or to enter ip^
V y pijy tonipucthe may deem niost advisable for the inteiest of the biate, with the lej^islative or exec-
utive pnweis ot the states of Sotuh-CaMiliiia &i,d Georgia, rcUuiTe to the extension and est.ibli'^hmtiit of
the boM^.-U" y line between this Stute and the snid hiates of Seuih- Carolina and Georgia, in wiiich sai-J act
tbtiv ii a /ir(.-iW.:o, 'i~'--.; ..c^iii" >? tlicrcin containetl shutld aii'ect any part or ci-.iiise of the act pp.ssed in lUe
}■( .;! Oi ;: ''v.^isi'd c;. ii, h\u.dred and three r And whtncas doubts are entertained whetherthe provisionarv
c\: i.ht i;; f'l.- iici pi-.bvd ir. the year one thonsaud e!Li,ht hnndrtd ai:d th/es. is not by the pTOvi-xj-tn tht; act
ci c:--,. 1.1: ju.^.:.;' eiyi.t i.undiuu and four nvude to i)i\-c reiaucu lo-ii.e State of Gct;igj i as weli as ti-.t State
tii .Soinii-Caroli:).! : And'vvhereas such pri>visioiiHV) clautie can answer -^.o vaiiuble pa'pose, so far r.s it res- '
|«cls the.Staie of Gf^f^fa, aisd rai'V .be tin impeaim^nt to an uniicubie and speedy a.ijustment and sctlic-
li.iM of bouiitUiry bstjttcen the two stutes;
reit lUr.ft.rcitiar'td hij ti'm Gf.-ie^cl jKsanhlij ofihuSiiu' uf .^'orih-CaroHna^ and it inhcrtbii enacted by the av- Proviso in t)>e
tlorifj oj hf ai:e Ti:at U)e/.ro,/«o \n tl:e act passed :n the year one fhousund eight hu ulred and fjiir, ;i)t:lled ^*' ' * '304 n^t
" An act to anvelid ttii act, entitled an act appoiutir.i:^ (^oumiisaioners to extend tiie ooumlarv jnie of this ^^ t'lue lo
Stat(?^nd tin; vState,of Soiitii-Car(,li;;a," passed at Ht.}t:ii;h in the year one IhraiShnd eii^'it nundred and three ^ ''''R'*"
shail ni t be rohstiuedlo esu nd oi have lany relation lo the Statt; of Georgia, any thing therein contained '''''^^^
to lilt contrary notwilhstunding. *
,iin act to re/; fa! an act f-afifd 'aif tessi^^n of the Ger,eral Jsiienibly, entitled "An act for incorporating and
estubishing a bank, by the name and title (.f The Slate Bank of North-Carolina." chap. 5*
]"> E it f7tact(d by the Gcprral MsenbJu of the State of Xorth.Carolina and if i" hereby enacted by thr authority Ac- reneal A •
3 oJ the tcvie, Tha' "he act past at the last session of the General Asst nddy. entitled 'An act for in- Jinti, /», 247 *'
corporatiiig and cstdblisbing u Bank- by the name and title of "the State Bank of North-Carolina," be and
the same is hereby repealed and made void. ^
II. Ji.a b it 'u^iher enacted. That all I c monies snbscribed and pi'id into the hinds of any of the commis- fj,
Vioi>ers appointed 1 y the aforesaid act. shall immediately ufti r the passing of this act be refunded and puid edTu*^^ «h>ni.
bick to the person or persons who have s>o subscribed and paid the same ; any law to the contrary not-
%viihstanding.
Jin act to exclude from the henrjit of Clergy persma robbing hovs'-s in the day time, and t» txtcnd the benefit of
Clergy to women convicted of certain felonies. CHAT. <W
WHERFAS doubUare entertained whether any person convicted of robbing a house in the day time,
although no person be therein is entitled to the benefit of Clergy, to remove such doubts, and to
provide an adeijuatc punishment for such offences.
£1 it enacted by the General Msembly of the State of J^''orth'Carolina and it is hereby enacted by the authority
*f the game, That if any person or persons shall break any dwellintij house, shop, warehouse or other out Fermvs bitAt
house thereto beUnging, or therewith used, in the day time, and feloniously take aw ly any money, goods <ng liouses &«.
or chattels, of the value of twenty shilling' or upwards, therein being, althouy:h no person shall be witliin dep'ived •!
such dwelling house, shop, warehouse or other out-house, or shall comfort, aid, abet, assist, counsel, hire ''*'§?• .^
©r command any person or persons to conrmit such offence, and being thereof lawfully convicted or being
indicted shall st>md mute, or peremptorily challenge more th^n thirty-five jarors, shall suRer death without
ijeuc&t vf clergy t Aitd wbci-e.ai> doubts are entertained) whetLefi U/ the laws to use and force iu tin* State|
Cl'vks to
count<
2S0 1?05. the ben eSt of clergf can be allowed ancl extended to wofheh eohvlcte^' of certain felonie?.; for the vein ovril
c— y— J whereof, »
II. Be it further enacted by the auihority aforesaid That in every case where a man being convicted of
Womin en- ^^^ felony, may deinaml the benefit of his clergy, if a woman be convicted of the same or like offence, upon
*"'^^' her prayer, to have tlic benefit of this act, judgment of death shall not be i^iven against her, but she shall -
siiHer the sanie [>unibhmenlas a iT>an should suSer who has the benefit of his clergy allowed him in the like
caF.e.
Eepea)- 1!T. Jr.d be it further enacted, That all acts and parts of acts comins^ within the meaning and purview
of this act, and contravy to the truf i;;tcnt and ir.eanin^; of this act are hereby repealed and made void.
IV. Jnd it it further enacted, That this act shall commence and be in force from and ufter the passing
thereof. <* •
^p y^ Jn act directing in iihat manner the Tax on ./ittorneya Licences shall be {taid in future.
TjX on *'<'''- "13 E «"' enacted by the General Jssembhj ff tiie S'ai'- of .Yorth-Carolina, aiid it is lierebj enacted by the authority
rey-'stcetice JTS of the fame, Tliat in future the tax on attorneys licences sl'.ali be paid to th'; clerk of the court where
to be paid to ^f^j. attorney shall fiist exhibit his licence for admittance t> practice ; and no attorney shall be pt;rmittedto
m.- ck«k. p,.3^.^r,e in any court of this State, until he shad produce the receipt of the clerk, snewing that he has paid
Ibe tax agreeable to the direction of this act.
11. -/^nd be it further enacted. That the clerks respectively shall af-.covjnt for the tax received by virtue of
this act, with the Public Treasurer, in the same man it r and under the sane rules, re-^ulations and rt»r
strictions, as they are obliged to account for tlie taxss on suit-;, any law to the woiilrary notvfithiiau<Uag.'
Jn art more effectually to r.onf.elthe Ckrks of Court n, the Clerks and Master* in Eqidltj, and th' Sheriffs in thi»
g State, to make the returns required of them by law, and duly to settle and balance their jiubllc accounts
f'y E it enacted by the General Assembly of the Stale of J'/rrth-Carolina, and it /? hereby enactedhy the authority
y of the same, That from and after the first day of January next, befo-e any of tiie clerks of tlie superior
coil "ts, clerks of the county courts, and clerks and masters in equity for tliin bttte, shall be perm't'-d to re-
new their biinds. as required by an act of Assembly passed at Fayetteville in the year one thousand tii^ht
Cleiks &C- t - j^m^fjre,;, and ninety three, entitled '* An act directing; the manner of procetdin;^ against the sever-l olTicers
pio uce re- jj^^^^j,-, ,,ier,tioned," tiiey shall produce from the public treasurer, county trustee and wirdcns of tlie poor,
ctii>isb8 =re j,gj.^..j„j^ \^ f^i;| of ail monies by thesn received tor the use of the state and county, and for which they sU.dl
iharb>i.ds. have been accountable.
II. Jndbeit fiirihvr macted. That in ftrure no per?on shall be re-slerted shen't of any county in this
•M r,kB e S' ate, who does not, at the time by law appointed for choostnsj; a sheriff for his county and befoie^the TOte
t -'*i^d" she'*fi' s-">an '**i taken, pro;luce to the Court, receipts f;'om. the public irensu/er, coun'y trtistee and warde-Hs of the
w"h^^(lo^^5"^n"t poor for the time biriiif^, in full of all moni^is by hin cod ct>d, or which ouglit to have been by him coliec-
p' -l ce re- ted, for the use of the state and county, and for wh.ch he shall have become accounlabie ; af»y usa.^e oi*
ceipts, custom to the contrary notwithstandiui^. .
lU.,Jnd be it funker enacted. That each a'ld every of the clerks of the county coure in this State, who
shall in any year' fad to make and c«>nvev, or cause to be canvejed to tiie compiroUer in due time and ac»
«j^» g,^^» j^.. cordi'ig to law, that is to say on or before tj)e fist day of October annually, a list or certiSoate of the
t.- frte Gcmp- taxable property of his co in'y for the pi-ecedins^ year, together with aceijScate of the names of tiie
tr^'ler lists of siieviff and hiH securities; he or they so fail in s^, shall for each and every offence or failure, forfeit aa;l
ta .a' le propfr- p^y the sum of five hundred tjotinds, to be recovered to the use of t'ne stste, on motion of the atioruey-^-ene-
* . ^;a-° ^° ■ ral or solicitor for the Stat6,"in any of i he county or superior courts thereof, on the certificate of the co.np-
ten .jOO., troller J^tatinp; stich fa'lurc ; whi< h certificate the comptroller is hereby required to fuvnish in every cise t.f
ftiilnre immediately after the fiist dAy of October, in each and every year : and tlie clerk so failing and for-
A'll hf- f?,MT,;s fp|,j,^j^ sl^^lj Y,-^ consid;^:ed .niihv <>f a mis iemeanor in office, and on conviction sh-.\ll be dismissed accor-
sea from oihce: ^|j,,j^.j^^ r^^ ^j._3;i th^reaf^er b held inehHibh: to the appointment of the clerkship of ins couiity.
IV, Jvd be it further enacted b'l the authority a^orfKuid, Tbi't on the firsit day of November next, and ort
^■^V-n'l^'' '^^ fi''^^ *^'^y °^ November in er>ch and ev ry year thercatter, it shall be considered the duty of the pu!>!itt
veejB plbbahed treasurer at)d c.f>mptro!!er for the tinie being, lo make, certify and h Vnd to the public printer, to he by Iiiin
published for one month, a list containing the natnes of all the revenue oTicct's in the State, who shall on
th jt d;iy ha%-e failed to account for the public taxes and other moneys due by them for the last year, a'ld
wl ich by law are mat'e payable into ha treasury on the first day of O'tob r precedln;^, slatinir in such
list the sum due troni each officer respsQtively for that year ; and this tliey shall conside;- tfteir indispenai-
bie duty to do yearly and every year.
80«. 581
An act to secure creditors ttgaimt fravdulmt and secret conveyances >)/ profterty by insolvent debtors. chap. 9.
yXi HERE AS many frauds are commiited l)y persons making conveyances upon some secret trust, and
V V. by persons concealing- the property of insolvent debtors, so as to enable them to avoid or delay the
payment of their just debts : for remedy whereof
Be it rnacied by the General Assembly oj the fstate of Korth-Carolina^ and it is hereby enacted by the authority
qf the^ ta/nr, That upon^ any judgment rendered, or which shall be hereafter rendered in any court of record
in this Suite, if the plaintiff by himself, his agent or attorney in fact, Mill make an affidavit stating that the Course to be
defendant has no visible property to satisfy the same, or on which an execnticn can be levied, and that he 'aki,, >^'hfre
or she hjs good reason to beheve that the< defendant has fraudulently conveyed his or her properly to avoid P'oi-ert) is
or delay the payment of his or her just debts, or tliat some other person or persons is or are in possession ^ *uJ"'e|-tly
of property belonging- to said defendant, and conceals the same, the court in which the s 'id jud|';menlhath '^"'^^^y^^'
been or shall be rendered, shall and may at any lime while the said judgment is m force, order a scire facias,
or scire faciases, as the case may be, to be issued against, and served on the person or persons claiming
any estate, real and personal, under any such conveyance ; or any person or persons charged in the affidavit
with concealing any money, goods or other estate, for the use of the defendant, or for the purpose of ena-
bling him or her to avoid or delay the payment of his or her just debts, in which he, she or theyshiU be com-
manded to appear at the next succeeding tenn, and declare upon oath, and in writing, whether he or she
holds, or is in possession of or claims title to any money, goods or other estate, real or personal, under any
conveyance made by the defendant upon any secret trust ; and whether he or she holds or is in possession
of any money, goods or other estate, or was at the time of rendering said judgment, or at any time since,
in possession of any money, goods or other estate, under any secret delivery, to hold the same for the use
of the defendant, or any other person, to enable him or her to avoid the payment of his or her just debts ;
and if the scire facias shall be returned, served by delivering a copy to the party against whom it issues, or
by leaving a copy at his or her ('welling, and the party shall appear, the court shall proceed to require a de-
claration from him or her on oatk, *s aforesaid ; and if the party so called into court shall acknowledge
that he or she does hold or claim property of the defendant in manner aforesaid, the court shall and may-
order the same to be delivered up or made subject to the judgment of the plaintiff; or in case the same
or any part thereof shall be money, or in case any part of the property shall have been used, wasted oi*
destroyed by the party, the court may give judgment, for the plaintiff against such party, for the amount and
value of the money then held, or which has been used, as also for the value of any other property (to be
ascertained by a jury) used, wasted or destroyed, and acknowledged as aforesaid to have been received in
manner aforesaid, for the use of the defendant, or any other person as aforesaid ; but in case any person
called into court in manner aforesaid shall deny that he or she holds or is in possession of, or claims title to
any properly, real or personal, conveyed or delivered for the purpose of enabling the defendant to avoid or
delay the payment of his or her JMst debts, or that he has held any such property, and used or wasted the _
same, the plaintiff may, if he or she thinks proper, require an issue to be made up, and the facts tried by
a jury, as in other cases, and judgment shall be given accordingly with costs ; and in case any verdict and
judgment shall be given in favour of any person called on under any scire facias, or in case he or she slrall
be discharged by his or her declaration on oath, without the trial of any issue, he or she shall be entitled
to the same costs as if he or she had been originally sued in said action.
II. Be it further ewac/rt/, That in case any scire facias, shall be returned served, in manner herein di- J^°2;^J"* *'' 8
rected, and the party against whom the same issued shall fail to appear, the plaintiff may enter against ^^^^j^'^^ ^ ^
him or her a judgment by default ; but before executing any writ of encjuiry, or entering up any final
judgment, a second scire facias shall issue to the party requiring him or her to appear and shew cause
why final judgment should not be entered up for the amount of the plaintiff's demand; or the amount which-
the plaintiff shall in his affidavit state to have been in the hands or possession of such party ; for which
amount, upon the service of said scire facias in manner herein directed, the plaintiff may enter upj-adgment
against said party, with costs as aforesaid.
III. J7id be it further enacted, That when any judgment shall be given by any justice of the peace out of Pioceeding o«
court, the plaintiff may make an affidavit, in manner herein directed in courts of record, upon which he judgment giv.
shall be entitled to carry up to the next succeeding court of pleas and quarter sessions to be held for the coun- ^" by a jvMic*
ty in which said judgment is given, with the said affidavit, the warrant, judgment, and all papers relating
thereto ; and upon which tlie said court, upon motion made by the plaintiff, shall and may order a scire fa-
* B
tsTrfofT cms tntrianner herein dire U shall be pmreeaea on-m the satrfeifeahnep aSTf t^e smtliadBeea
V,. y— < oir^inally iiistiUifed in tj--
iV Jndhe it further tnadcd^ i'hai all iiCts and paru ot acts coming within the meaning and pui'vjew of
epealed. this act are hereby repealed.
A^:tc, p 142- j^ ^^f. f^ ascertain and ft the salary and fees oftU Governor's firivate Secretartj.
CHAP lO • -- J •
WHEREAS the present salary of tlie Governor s privuie Secretary, including his fees as allowed by
law, are found to be inadequate to tl;e services by niui periornied.
Be it inacted bi/ the General Aananbly oj thf State '.J J\orlh-Carolina, andit is hereby enacted by the authority
ofthemme, That from and after the parsing of 4iiid act, the psivdte secretary of the Governor shall be al-
lowed the sum of one hundred and iifiy pounds, and the ioi;ovnii,5 fees, and np others wh.itever, viz. For a
Salary & fees, judge's commission, forty shiUings ; lor an utiorney trci.eral'a ditto, twenty shiiUngs ; a solicitor's ditto,
tvfenty siiillings ; senators in congress ditto, twenty siuUings ; represtntatives ditto, twenty shillings ; no-
tary public's ditto, twenty sliiliings ; for any commission lur a place of profit, twenty shiliings ; a testinn.c-
■ial, ten shiUings ; suspension of a grant, seven slul.inys a.id sixpence ; lor alhxing the seal to a grant two
shillings and sixpence.
And whereas an act passed in the year one thousand seven hundred and eighty four, chapter ninth, rli-
rects that the letter books of the Governor should be carefully preserved in the othces of tlieclcrks of the
General Assembly ; vvliich law from experience has Ijeen found to ne intonvenic;it ; for lemedy whereof.
II. Be it further eriacted by the auliiority a^oraaid, 'J hat tiie clerks of the General Assembly shull, at the
close of each and every session of the Legislature, deliver to the private secretary of the Governor the let-
The letter ter book, for the purpose of beir.g deposited in the oflice of tne cxtcutive. And further, that the clerks
bo ks of the of the General Assembly do deliver to the Governor's private secretary, all the letter hooks of the former
Gov toiemain Qovernors which are now remaining in their oiHce since the fourth of July, one ihousaiid seven hundred
with his pti _^^^^ seventy-six, to be likewise deposited in the executive office. Frovided always, that it shall be the spe-
vate Sec'ry. ^.^^ ^^^^^^ ^-^ ^^^ Governor for the lime being to have tiie said books, or any of them, produced before the
General Assembly, whenever thereto requested. ^
III. ^nd be it further enacted, That all laws, and parts and clauses of laws, heretofore made, that coma
Former laws within the purview of this act, shall be and the same are hereby repcaled-
jepealci.
CHAP. H. '^"' ^^^ toa7nend Che several acts of jlssembly notv in force giving remedy by petition.
Vol I. 145- T^EtV enacted by the General ^4 sftembly nf the Slate of JVorth-Caro'ina andit in hereby tna,(id by the authori y
jLJof the same, That in all cases of suits by petition, in which a copy of the petition and a subpoei a or capias
Suits bv pet!, shall have been served on one of the defendants and it shall be shewn to the court by affidavit tliat the other
tioa managed, defendant or defendants is or are not inhabitants of this State, or on dilicent enquiry cannoi lie found the
court may make an order directing such defendant or defendants to appear to the said suit, and make Ijis,
her or their defence to the same, at the nest or some after term or sessions of the said court, or that the
petition will be taken /2ro corfsso against him, her or thern, and heard accordingly : and if it shall, at the
term or session so appointed, be proved to the court that the said order was published five weeks successively
I in the paper nominated by the court, within fifty days after the said order was made, the court may pioceed
to the trial of the cause, and to pass judgment, or to decree therein ; which judgment or decree shall bind
snd conch de such defendant or defendants to the same esjtent, and imder the same rules and regulation*
as defendants are now bound by like proceedii gs in the courts of equity.
II. Jnd be it further aiacted, That when any m.itter of account shall be involved in a suit by petition, tV.e
Clerks may c,;ui t may order tl.c clerk to audit and settle tiie accounts involved in tiie cause, and to repoit the balance
atiiit ar ^ pet- ^^^^^ therebn, in the same manner and under the same rules and reguiatiims as references are made by f'S
counts coufts of equity to the clerks and masters thereof ; and the cleik s!ia;l be entitled to the same cornpc.;*
sation for such services as the clerks, and masters are now allowed by law.
III. Jrid be it further enacted. That on afiid;tvit of the petitioner or petitioners, or one of them, stating to
the best of his, her or their knowledge and belief, the amount due from the defendant or d>-fendant3, the
clerks may, under the direction a:id at the discretion of one of the judges of the supetior courts of law or of
Isrue capiasses the court of pleas and quarter sessions where the petition may be filed, issue a capias to hold the d .-fendant
it'^' or defendants, or any of them, to b'.i! in doub'e th'e sum so cl:iirned to be due ; which bail shall be liable and
may discharge themselves in the same manner as bails in suits at common law.
_. T ,• „ ^V. Jlndbeitfurihirenaced, That any two justices of the peace may take dcposititons to be rer.d as evi«
fnavT kc de'R> ^'*"^* i'' t^e trial of suits by petition, in the same manlier and under the same rules and regulations ao de-
sitiofjf, pi^sitions are taken to be read on the trial of suits in equity.
«ess 111 3uKi b/ pc'juon as iIic^leiKs oiul inasters arc now er.tlUed lo foi' Uic sc.- .ces. Clerks'f Cb
A'l Art for ihf, reli f of Executors and Jdnvnifitraf or s in.certah: c- s. chap. 12
BE U €na<:ted bu the General ai^embLj of the state of .Worth-Carolina, atidit w /iere!)i/ enacted by the a"t'ny!t^ Vol " AtC
of the .mmr. That from and after the passin7 of this act: the provisions of an act passed at Faveti-viile A^t of i-T'o t«
in the year one thousand seven hundred and eighty nine, entitied « An act directisj- the- mode of proceediin; cxccuiois
the coLiti-ary natwiUistaouiiig
. An act i^ivmg furiher time/or regisfenng Granttjiroviiig Deeds and Mesne Conveyancen. chap. 13,
BE it enacted by the General Assembly of the state of J\iorth-Caroliiia, and it ii hereby ena'fd by the authority i
of the same,- That all Grants^ lor la'-ds enlert-d under the present government, all Deeds and iMesne "I'ie^ds/ &c.
Ci-.^vc'vcinoes of lands, tenements and b«reditanr!eni.s,-not already p'oved and registered, and all powers of ma> be regis^
aUoriiey under which any lands, ttncmfiUs and hereditaments have been or may be conveyed, shall and may, ^-^^^ withio. 2
■within tAvo years after tiie passing of Ihi^ act, be adm'.tted to registration, mider the same rules and restric- y**".
tions as heretofore appcinted.by law<« And said Grants, Deeds, Mesne Conveyances of lands, tenements w
hereditaments, and all po\jers of aUorney under which any lands, tenements or hereditaments liave been or
may be conveyed, shall be'as grod and valid as if they had been registered within the lime heretofore all9\v-
ed, any law, usage or custom to the contrai y notwithstanding.
II. And whereas, from the frequent division of the counties within this State, it has happened, that ma-
ny deeds, grants and mesne conveyances, have been registered in the register's office of other counties than
those in vvhich the lands conveyed in such deeds, grants or mesne conveyances aresi'uated,
III. Be it therefore further e^mcted. That whenever any original grants from, the l<its Earl Granville or
from the State of North Carolina, or any mesne convey a:ice Under such grants, may liave been registered Deeds in »
in other register's oHire than those of the counties in which the lands are not situated, it shall be lawful for ^^""""S coun'y
the grantee or granleeis, and those cluiming under Ihem, within one year after the passing of this act, to ""^y ''^ regis,
have then- deeds, grants and mesne conveyances registered over again in the register's office of the counties *^" *
where tl.e landsare now situaled, on paying the registers fees fcr the same; and such deeds, grants and mesne
conveyances, when so ;'egistered, shaM be as good and valid to all intents and purposes, as if they had been
registered in the first insta^ice in the register's office of the counties where the land is situated.
An Act to encourage Ononers of Ferries to build Bridges for the ccn-oenience of travellers. CHAP. 14»
HEREAS passing rivers and large water courses by bridges instead of ferry boats, would tend much
to dispaich, safety and convenience: For encouraging, therefore, owners of ferries to erect ^''* 1- ^W.
Iridges in lieii thereof.
Be i enacted by ike General .dssembly of the State of .A/orth-Caroliria, and it is hereby enacted by the anthorify
6f the sciir.e, That in all cases where the pro,jiietorcf any ferry shall prefer building a good and substan'ial P'''T' e^Tsof
bri Ige over any water course, instead of k.fce])ing ferry lie shall oe at liberty to do so, under the same rights h 'irf'h •'^"
«nd in t^e same manner by which thefjrry is claimed md aeld, and under the same rules, regulations and "' '"S"«
r sti-ictions of other toll-biidges heretofore established by law: Provided neveriheless, that no more toll shall
be demanded for passing an v bridge erected in consequence of this act than is granted by law for the fer- v h "^K- ^^
riage. unless by agreen>ert with the county court, who are hereby autnorised to grant anrt advance as far as Unhge, **'
twenty-five percent, and not more : And firot'tded further, that m all such bridges the proprietor shall e-
rert a draw where any water course is ficquently and commoidy used by sca vessels or iiiasted boats of con-
siderable burthen.
An Act fcr the appointment of Auctioneers, CHAP. 15.
B
^, it enart'"t b'f 'he General Asiembly of the State o/'J^orth-Carolina, and it ix he'-ebi/ enac'ed by the ar'thority Aucti n-frs
of the 6«naf, That tlie coiiuiiisiiioners of the city of Raleigh, and the towns of Salisbury, iiillbboroujjh, '•* ^^ a^pu.ji«.
«4.
584 1806. Halifax, Edenton, WasMn5;ton, t^ewTiem, WHrnington and^ve«eviiTe7sfia'tT^ave
^■-y-i' the next election after the passini^ ul luis aci, anci f.'orn iim^ to ii.iie to ar>poiiit one or more, nut exceeding
three persons, to act as auctioneers, who sliaU give bond with two securities in the sum of five thousand
pounds, to be tied in the clerli's office of the county in which said city and each ofsaid towns are respective-
ly situated : and the auctioneers so sippointed slall exchisively have the right of selling by auction property
of every kind, which shall be exposed for sale at auction in said city and towns respectively, except as htie-
in after excepted.
II. Jnd be i! further fjiacted. Tiatfaid auctioneers shall be autliorised to demand and receive from any
person requiring their services, such cciximissions as they m-iy mutually agree ujwn, ancl for want of such
-, . . agreement not more than three and one half per centum ; and tiiey shall keep a correct account of ail sales
ommjssionx, j^^ them made, which shall at all tiroes be subject to the inspection of said comsntssioners, or any person
* ' they may appoint ; and also on the payme nt of one shiiiing for a starcli, to that of any cUier person interes-
ted therein, provided such interested person shall have no right to examine any pan of such boots except
such as may relate to his or Ler own particular concern.
Auction duty- HI- ^nd be it further enacted^ That s?id auctioneers shall yearly, on such day as may be appointed by
said commissioners respectively, account for and pay to such commissioners one per cent, on the total a-
mount of all sales made by them.
IV. And be i% further enacted^ That if any ofsaid auctioneers shall fail or refuse to accourit for and pay the
proceeds of any sale by thcmniatle, it shall and may be lawful for the-person entitled thereto to enter up
Reme'iy where judgment in the county or superior court of the county in which each of said city and towns are respectively
tiey iail to ac- situated, ten days previous notice being given to the auctioneer. Eut if Siid auctioneer shall deny the whole
' or any part of the claim of the plaintiff, a jury shall be impannelled iintanter. to try any issue made up there-
on ; and the said auctioneers and plaintiffs respectively shall be entitled to suvnmon witnesses to appear at
the term or session in which notice of an intention to enter up jtulgment shall have been given. Frovided
nevertheless, that nothing: herein contained shall extend or be construed to extend to any sale made by or-
der of any court, or by any sheriff, coroner or constable, by virtue of his office, or of the goods and chattels
of any deceased persons or minor, or the «ale of any goods and chattels the property of the vend er : Provi-
ded always, that this act shall not prevent any ])erson from selling his own property at public auction.
PHAP. 16, -^^ cc; to amend an act entitled " An act to prevent the selling of Spirituous Liquors and other articles at
jiiitef, 157, Church or Meeting-House yards on days of divine v/orship," /2as«f<i z« Me 2/car 1800.
HEREAS no provision has been made in said act for persons who may, in a state of intoxication
or otherwise, behave themselves in a riotous or disorderly manner at the places aforesaid.
Be it enacted by the General Assembhj of the Stute of Xorth-i.'aroHna and it is hereby enacted bxj the authority
of the same, That if any person or persons shall hereafter be found at any chmvh or nieetmg-house, or any
Penalty for be- ^^^*^^ place where persons may be assembled for the purpose of divine worship, either in a state of intoxi-
having disor- cation or otherwise, behaving him or themselves in a riotous or disorderly manner, they shall, on Gonvic-
^derly at d.vine ^^'O" before any justice of the peace for the county where such offence may be committed, forfeit and pay
viTorsliip. the sum of fifty shillings, which monies shall be applied to the use of the poor of the county : Provided al-
ivaijs, such conviction shall be at the time of Huch offence being commilled, or within ten days thereafter ;
And /irovided also, that if either party shall think themselves aggrieved by the judgment of the justice
before whom such trial shall be had, may have the right of appeal to the succeeding county court ; and
Appeal, in all such cases it shall be the duty of the county attorney to appear and prosecute in behalf of tiie State.
CHAP. 17. An act to amend an act, entitled <' /in act for ths better care of Orphans^ and the security and manage'
Vol. I. i4i. ment oj their ettates,
BE it enacted by the General Assembly of the State of .Yorih-Caroiina, and it is hereby enacted, by the authority
0^ the same. That the superior or county courts shall and may appoint a fit and proper person to take
may appoint ^j,g ^^^^, ^^^ management of the estates real and personal, rights ^nd credits, of any person under the age of
ce^um^cases'" '■^^^ty one years, who shall be seized or possessed of any estate, real or personal, or entitled to any such
estate, although the father of such minor may be living. Ar.d the person so appointed shall enter into bond'
with security, as required by the act aforesaid of guardians of or^>hans, and shall have the same authority as
Jtu«r^ntrhoti!i° Sii»i'diaii*, and be governed in all respects by the laws now in force concerning guardians and orphans, so
•n *r.n o on. . -^^^ ^^ fcspects the property and rights of orphans ; but shall not have any care of, or authority over the per-
son of such minor, by virtue of such appointment.
•ntcr into bond.
An act to revise the MiVttli Laivs ofihh State relative to the Injantry,
nT.hevactedhylh,GnujulM.embly of the State of J^r'h.Carolina andil is hereby enacted f>y th, authori'y
*i'^.. its
Who to oe en.
loltcd.
t«
_ of the mnie, Thut all freemen und apprentices, citizens of this State or of the" United States, residing
in the State, uho are or sballbe of the a^e of eighteen years, and u.uler forty-five ycars,shall us si. a it i!
praaicable, be severally and respectively enrolled in the Militia of this Slate, by the cipuun or comma.uUnir
otticer ofthe company ^vH.lun the bounds of whose district (to be alloted him by thecourt martial) such citi
2en shall reside : And it shall and at ail limes hereafter be the dulv of every captain or commandin'r ofn-
cer of any compar.y to enrol every such cilizen as aforesaid ; and also those who shall fcom time to time
arrive at the age ot eighteen years, except as herein after excepted, or shall come to reside within his
bounds and remain therein thutyliaysj and shall, without delay, notify such citizen of said enrolment by
a proper non-commji,sioned officer'ofthe company, by whom such notice may be proved : That every citi-
zen so enrolled and notified, shall, within six months thereafter, provide himself with a good musket
smooth-bored gun or firelock, or with a good iifie, shot-pouth, and powder-horn; and shall appear so armed. How ,
and accoutred, when called out to exercise, or in actual service. That the commissioned ollicers shall seve- P'-tv.ded'
rally be armed with a sword cr hanger or an espontoon. And every citizen so enrolled and providing him-
self with arms and accouti-ercents as aforesaid, shall hold the same exempted and free from all suits dis-
tresses, executions or sales for debt, and for the payment of taxes.
II. Be^ it further e'mcttd. That the Vice-President of the United States, the officers judicial and executive
of the United States, the members of both houses of Congress and their respective officers, the judges of ''*'' "^C'^'-
the supreme courts of law and courts of equUy and justices of the peace, councillors of state, the secretary, ^"'P'*''*
treasurer, comptroller, attorney-general, solicitors, the clerks of the several courts of record, the state-
pi inter, high sheriffs of the several counties in ths State, physicians and surgeons, ministers of the gospel
of every denomination that are properly and regularly ordnined and have the'cure of sculs, quakers, mora-
vians, duj.kards or nienonists, rehgiously scrupulous of bearing arms, who may produce a certificate of
their being regular members of either of the said societies, all custom-house oflkers, postmasters and
stage-drivers, who are employed in the care and conveyance of the mail to tlie pobt-pfiuccs of the United
States, all continental oflxers who served with reputation three years, or until the end of the revolutionary
war, unless sqoner deranged by a reform, of the army, all ferrymen employed on any ferry, of any public
road, provided the same shall not exceed the superintendant and ore otlier to each ferry, all millers of pub-
lic mills and inspectors of produce, all branch and licenced pilots, all mariners actually employed in the sea
service o{ any State or meichant of the United States, all oOicers and students of the University and all o-
ther seminaries of learning within this State particularly established by law, shall be, and they are hereby
exempted from militia duty : Provided alivays, that nothing herein contained shall be so construed as to ex-
empt any person from performing duty in case of invasion or insurrection within this State.
III. lie il further eiuicted, That every person liable to do militia duty, who may by the commissioned
ofiicers of his company be deemed in circumstances sufficient to equip himself, and who shall fail to do the
same as herein required, shall forfeit and pay for each deficiency, as follows : for the Avant of a good and Forfeitures fof
serviceable musket, rifle or firelock the sum of five shillings, a shot pouch and powder horn, the sum of two ""5 being e-
"shillings and sixpence. And all parents, masters or gut.i'dians shall furnish those of the mditia VTho shall I'"?"-'**'
be under their care or command vith their ai'ms and equipments above mentioned under the like penalties
for each neglect : Providtd, that such guardian shall have property sufficient in his hands belonging to
his ward to purchase said arms. That all commissioned officers of the same rank shall take precedency Officeri
or com.mand according to the date of their commission : and where two or more of the same' grade bear an •'auk.
€<iual date then their rank shall be determined by lot, to be drawn by them before the commanding officers
of the division, brii^ade, regiment, battallion, company or detachment That each superior court district
sl-all form at least one brigade, and each county at least one regiment. That when the same shall be con-
venient, each regiment shall consist of at least two battallions, each battallion of five companies, and each
company of sixty -four privates. That the militia shall be officered as follows, to each division one major-
ger.errd, and two aidsde camps, with the rank and ^y^ of major, to be appointed by the major-general : to '
each brigade one brigadier-general, and one aid de caritip, with the rank and pay of a major, to be appoint- MJ'Uia hrw 10
ed by the brigadier-general : To each regiment one lieutenant-colonel commandant and two majors. Which Ix divided and
general and field officers shall be appointed by the Senate and House of Commons, and commissioned by officered,
the Clovernor for the lime being. To each company, one captain, one lieutenant, one ensign, four ser-
geants, four corporcls, oie drummer and one fifer. That there shall be to each regiment one adjutant and
•ne quarter-master, who shall be commissioned officers with the rank of lieutenant, to he appointed by the
^ ^ 4 C
S6 V'-'O'i. commancTmg officer of the fegiment. An^^ it sliall he the duty of the adjutant "n eaf'h rej^iment respe'ctlve-
\.._^-i«; I}- to perfm-m the duties iicfcLuibie assjguej to taebrjjr.i.k itispector within tiit^ir rei-viaicnt, for *vhic!i services
he shall be al'.owed by the court-mariiul a reasonable compeiisctttm, if they think proper, to be paid out of the
fines collected. I'herc shnil be ahoone paymaster, one surgeon and one surgeon's mate, to be appointed us
aforesaid: also one serjeant-m jor, one drun»-:najc)S one fifcmajor, to each re:;"iment, to bt appointed by the
commanding officer tliareof. The non-coiumissii.'ned officers, Serjeants, corporals, di-ummers and lifers, shall
be appointed l»y the captains of each company. The cornmiisioned o.Bcers beloW the grade of field oilioer,
whenever a vacancy happens in the iiifantry, a recommendation shall be m.ide by the lield oiT\::ers of the re-
giment, to the Governor, who is requested to issue commisiions to fill all the said appVincments and recom-
raetidytioiis. The general and Seld o3icer.->, and all other commissioned o.Bcei*s, s'rall resicle within the di-
vision, briy;ade, regtinent, bat* ailion, or company district, which they respoclively command. Provided, that
this arranL'evuenl shall not evTc^ct any apjwintment heretofore made.
Voluiteer ^^■'* ^'' 2^./"'''''^''' e-^ac^ed, That any person who mny enrol himself in any volunteer company, nutliorised
coniiuiaei. by the militia laws of this State, shall be considered as belongin^j^ to the company to which lie was attached
before such enrolment, and shall continue to perform the dudes of such compuiyuiti! he-^ becomes fully
equipped in the usual ur.iform of such vohuneer company in which he is enrolled. Tii-it when such per»>
Son bticonies equipped, he shall then, and notun'a! then, be considered as belongin;^ to sucii company. 'I'hut
such person so becoming enrolled in any volunteer company, and considered as attached the4'eco, as directed
by th.is act, shall not liun be permitted to return to the infantry, except by the consent of the fidd officers
of ihe regiment to which such company may belong ; or by removal out of the county, regiment or battal-
Jion where sush person was enrolled. That it shall be suflicient for such person to be enrolled and approved
by the captain of any vohuiteer company, without the intervention of any otiier olTicer whfttcver.
V. Bf^ir fnrth.f.r fv.acicd. That ti-.e rules approved and established by Congress, in their resolution on tlie
^ 29th day of Ivltuch, one thousand seven hundred and ssventy-nine, shall'betbc rules of discipline to be olj-
fli 'Tuies z.\i- ^'^'^^'^^ ^)' ^^^ militia of ihis State ; except such alterations as may be 'endereri necessary by the requisitions
poiiueil by ofthis act, or sOnie una''oidal)le circumstance, It shall be the duty of the comraandi.ig officer at every
Congress. muster, whether by rtginient, battallion or company, to cause the militia to be exercised agreeable to the
said rulis of discipline, at least three hours in fach day, at which they may muster.
. . VI. Be it ft!>i-i.licr enacted, That there shall be in every year, at least one regimental or battalion muster,
. l'*,k^f."!l „„ ^^ such place or places as have been, or shall be anoointed by lav,' for (general musters, to be ordert-d by
n-.iisser every "^^ cotiimandant of such regiment or baftahon, e>:cept when it is otherwise ordered by a general oiticer,
j-eai, who may order such musters at such time and pkice in the respective counties as may by him be thought
proper and convenient.
VII. Be it further enacted, That the Governor be, and he is hereby authorised, within sixty days after
the passing ofthis act, and as often thereafter as occasion may require, to designate one of the generals to
des^enate a " ^^^ ^^ adjutant-general, by granting to him a coromisswm for that purpose ; and it shall l)e the duty of the
genera! to act adjutant-general so to be rppninted to distribute all orders from the commander in chief of the state to the
as adjutant- several corps, to attend public reviews if required, when the commander in chief of the State shall review
£eneral. the militia or any part thereof: to obey all orders from him relative to carrying into execution and perfec-
ting the system of military discipline established by law, to furnish blank /orms uf different returns that may
His duties, be required, and to explain the principles on which they shall be made. To demand and receive from the
several officers of the different corp'i throughout the State, returns of the militia under their command, re-
porting the actual situation of their arm s^ accoutrements and their delinquencies, and every other thing
which relates to the advancement of good order and discipline. All which the several officers of the divi-
sions, brigades, regiments and battalions are hereby required to make, in the manner herein directed, that
the adjutant-general may be duly furnished therewith previous to the annual meeting of the General As-
sembly, From all which returns he shall make proper abstracts, and lay the same, with a lepcrt of the ge-
neral state of the militia, magazines and mihtaiy stores, and such improvements as he may think pccessa,*
ry for the advancement of discipline and benefit of the militia, annually, to the General Assembly, or to the
Xlommander in chief of the Slate, vrho is requested to lay the same, without delay, before the said assembly.
And the adjutant-general shall also annually make a return of all the militia ofthis State to the President of
the United States. That it shall be the duly of the adjutant-general to give information against, and prose-
cute in behalf of the State, all majors and brigadiers general who shall fail or neglect to review their res-
pective divisions and brigades, agreeable to the directions of the militia law. And to the end that he may
receive information whether the said duties have been performed, the commanding o8ic«r of each regiment,
'Wnderthe penalty of twenty -five pounds for each neglect, is hereoy required to forward to the said adjutant,
general a duplicate of the annu«.l return made by him to the brigadier, at the bottom of which he sliall re-
port whether or not his regiment was revh-.v-'l'jv the rrnior-n-encr ;' orhr';:Klier-5eneraT, and at what time JR06. 28^
In frtilure of wli:ch recited (hitics, ai -,,,^11 s,utef the ioli )vvi,i ,' i. u^s ami jxjiiuliies : far not atteniiiii.;^; all \_.-^^
public rcri •• j wheu reqniivd by the (rtv-rnn- or co;nniai)der in chief of the Stitc, tvventy-five pounds for
each neglect : for not fui-nislunjj- bl i.ik i\>'. ■n'ias reqiired by this act, the su'H of five pounds for e ich neglect,
to be recovered before amy jurisdic io;i having co,;;iiizaiice thereof, one half to the use of the informer,** and
the otiier half to the use of the State. For not distributing- al! orders from the conima'.ider in chief of the Slate
or for not muliin!» returns; inform iiions and piose^utioDS as re.juired by this act, u^on conviction of either
before a general tourt-vnartial to b;: ordered by the Governor, Ue shall be cashiered. That the said adjn-
tant-;jenera! shall be compensr.tttd fortlje priiitinij of all the blank foi'm-? of returns necessarily prescribed
in hi:? department, and t lie postage of all letters to and from him in his capacity as adjutant-:^e:ier.\l, to be
paid to him by the Treasurer, of this .Mate, on the aljutaat-,jenerars producinc^ a stated account of the
same, atidby hhn cerliacd Tliii» the adjutmnt-i^ensral shall ket-{j a roiter of t!ie names and date!i of tiie
commissionsofe.ich major and bii^ad:er genera! in this Slate, Ukewise the counties under each of their
commiiid respectively, desii);natint!; therein the numbers of each division and bi'ij^ade, ready at all ti nes fop
i'iimedlate inspt-ction. I'hat he slial! at least once in every three years transmit a copy of this roster C'.:r-
tinedby bini, to tiie President of the United States, to the Governor of this State, and to the General As-
sembly. ■ That it shall be the duty of the adjutant-genera! to bring suits in the name of the (iovernnr, in any
of the courts of record within th.is State, atjainsl all and every field and general officer who may make de-
fault of return of him req lired by this ai-t. And where any penalty wlintever is imposed by law upon any
field or genera! officer for any neglect or breac h of duty whatever prescribed by military law, it shail-be the
fluty of the adjutant-general to institute a suit or suits in the name of the Governor, in any 'court of record
within this S'ate, against such officer ; and a certificate of the adjutant- ;^-eneral, under his hand and seal, Khali
be conclusive evidence in any such court of record against such delinquent oiTjoer. provided such certilicute
contains suck matter as would be sirffident evidence to convict stich officer, if djliviued by the rules of 1 iw
in open court. And the judsi^meat so obtained sliali be carried into executioti by the sherilT of any county,
in the same manner, snd under the same rules, re.^ulations, restrictions and penalties, as are prescribed in
cases at common and statute l^.vw. And he shall from time to time make report to tlie Legislature of whit
shall be done by him in v^tne of his appointment, and accompany such report with such remarks as may by
him be deemed necessary-for the better regula'.ion and improvement of the military discipline throughout
the State. In conside-ralion of all which services, the said adjutant-general shiill be exempted in his capa-
city of a general olTicerfiom the duly of reviewing his division or brigade, as required of other general of-
ficers by this act, and from the penalties consequent upon the omission to perform that duty : Provided ne-
x^efthekss, that this exemption shall not be understood to derogate from his right to attend in either or both
capacities, of adjutant-genera! and general in the line, any regimental, battalion or other muster, whenever
and as often as irt; may ^hnik proper to do so.
VIII. Beitfurih^r marfed, That if any officer shall fail to attend ut any review, regin^ental or battalion FDrfelteres tit
muster, or attending, be not armed as required by this act, he or they shall, on conviction before a court not aiteaa«cj{,
rnartial, forfeit and pay, if a field officer the sum of ten pounds ^ if a commissioned officer under that grade, '
the sum of five pounds. And every nonrcommissioned offii-er or private who shall fad to attend such re
view or muster, shall, on coiiTiction, pay such sum as shall be adjudged against him or them by the com-
missioned officei's of the company to which he belongs, not exceeding two pounds, nor less than ten shil-
lings, to be asceitaided and determined at the next company muster, and when collected, to be accounted fol*
with the court-martial ; or if appearing, be not armed as by tliis jtct directed, shall fir such default forfeit
and pay a sum not exceeding fifteen shillings, nor less than five shillings, to be adjudged as aforesaid ;
which fines shall be collected and applied as hereinafter directed ; that the company officers m each re.-^i-
ment or battahon of infantry shall incurthe same penalty if they fail to attend tne muster grou id the day
preceding each muster for the purposes herein mentioned. Every captain or commanding officer of a com-
pany shall, at least once in three months, at such place as he shall think most proper and expedient .iud a«
greeably to the order of the commanding officer, mustw, train and exercise such company, and shall cause
them to remain under arms at least three hours in each and every day, by himself or his lieutenant or en-
sign, and then and there teach tkcm the manual exer ise and manoeuvres directed in the book of discip-
line ; at which muster the officers and privates shall appear armed as before required. If any captain or
commanding officer of any company shall fail or neglect to muster nis company as herein directed, he
shall forfeit and pay t!ie sum of three pounds ; and if he. or any comnissioned offi.-,er of the o imp ny, siioU
fail to appear equiped as dr.e>-tedjat the said muster, the officer so failing shall pay tlwjsu n of two pounds^
and if a non-commissioned officer or private shall fail to attend at a company muster, he sliall forfeit aticl
j)uy a sum not^xceeding twenty shiilings; nor less Uiun ten shillings , an<J if attending wiliwut being aruai"
555 1806. ed and accoutred, shall pay a sii-n not e\'r<^e:Ti:i!; ten sni'lin^rc;, nor les^ tViri five f,liH!hg» ; \7hich s?ip»
ik,m-Y-^> siiall be' adjudfjed in ma'-mer u^ hercinufter diiected, acco.dinvj tv(..t(ie circmn^Uiices o( the (ieii«iquent.
Frot'ided, tiiat every abse'stee &!iall bt: allowed until tbe nera succc«;(linjj coinpan.y muster to m?,ke his ex-
CVSS2, ■which shall ahva)'S and withovit exception, be c^ o;!th ; the olFjcer higherst in vunk being hercl>y au-
) ttvorised to administer the Auine. If any oflicer shall suficr himself to be intordcated, or behave in a riotoxis
or disorderly manner wli^n requiiedio be on duty, or disobey,the orders of his commanding- oflkcr, he
shall either be fmed and reprimanded by she courl-friartial, or at their discretvoH sl»all be absolutely cas.h-
iertd.
IX. Be it further encteil^ That it sl^all be the duty of the comm,anding officer and the adjutant of each re-
©Siera mus- giment to attend tl,e duy previous to each regimental and battalion revicAv, in order to muster and train the
Kfed. difierent ofiicci-s composinjj such regintent or biUtaflion. And on faikue t;rtneglect, the commanding ofiicer
er adjutant, or either of them, shall forfeit and pay the sum of ten pounds.
X, lie it further er.actrd, I'hat if any non-commissioned ofBcer or private shall, during the time of mus-
ter, resist his commanding ofl'icer, or refuse to obey his lawful commfinds, if a non-comm.issioned officer, he
. shall be l^pt under ^uard during such muster, reduced to the ranks, and fined at the discretion of the couit-
fo V r^tTff* rnanial not exceeding thiee pounds ; and if a private, shall be confined and kept under guard during such
comnwnds muster and fined at the discretion cf the couri-martial, not exceeding twenty ahiilings. And if the court-
ir.artial, afier e:;an:iination on call ■, shall ;u1]uc!ge ary person or persons enrolled to be incapable of providing
liim or themselves with arms and accoutrements required by this act, they siiall make report thereof to the
next regimental or battalion court-martial, as the case maybe ; who may, if it shall appear necessary, ex-
empt such persons from the fines or forfeitures by this act imposed, until such arms and accoutrements
shall be provided and delivered to him or them by the couvt-martial ; who shall take security for the safe-
keeping of such aims and aci,outrements to be returned when required.
Reuuns to be j-j_ Be it further enacted., That the several captains of infantry shall, at their several musters, make a re-
^'^ ^ turn cf their respective companies to the commanding officer" of the regiment or battalion within thirty days
after the same is required ; or iramediai-ly if required at a regimental or battalion muster, under the pen-
ally cf five pounds m vhe first case ; or dis'ibedience of orders in the second case. That every officer com-
manding a i-egiment shall, at least once in eveiy year, on or before the 2 5th day of October make a return
to the brigadier-general, to which snch commandant tf regiment belongs, under t ^e penalty of tw;;nty-five
pounds. That the biigadier-gf-neralof each bii:jade shall make a return of his brigade to the major-geneialof
the division, on or before the 10 day of Noveiiiber in each and every yearunder the penalty of fifty pounds.
That the major-general of each division shall make a return of his division to the a,djutanl-gereral of this
' State on or before the aniutal meeting of the General Assemby, under a penalty of fifty pounds,
e-'urts martial XII. Be it further enacted^ That when any major-ycueral shall be charged with mal-practice or neglect
haw for Tied of duly, the (Governor for tb.e time beuig shall order idm to be arrested and furnished with a copy of his
audcoriducied. cliart,e and shall order a general court-martial for his trial, to be composed of one major-general, two bri-
gadier-generals, and ten field ofliccrs, six of whom shall be of a different division. For the like chars;e a-
gainst a brigadier-general any major-general or the adjutant-gtntral, shall order him to be arrested and
furnisiied with a copy of his charge, and shall order a court-martial for his trial, to be composed of a bri-
g-adier-general and twelve field officers, six of whom s'-all be of a different brigade. In like planner, the
commanding officer of each brigade, or the adjutant- general, shall arrest the field officers under his com-
mand, and appoint courts martial for the tiial of those against whom charges may be exhibited. V/!iicli
courts shall be con>posed of thirteen officers, to be taken from the brigade in wliich such officer arrested be-
longs, none of whom shall be under the raak of captain, and afield officer siiall preside. Tne cnmmanding
officer of each regiment or battalion shall order a court-martial to be held at the place appointed for the
musters of the s.mie. on the day aftei- the regimental or bailalioil muster, or on the same di.y if convenient ;
which court shall consist of a majority of the officers of the regiment or battalion, one of wliom shall be a
field officer, and two of the grade of captain, and^he officer highest in rank present shall be President. The
court shall be notified to their duty by the adjutant of '.he rcgimcul or Ixitta'ion, by a roster to be by him
kept: And the said court when convened, shall appoint a judge-advocate, who shall himself, in the pre-
sence of the said co\irt, take the following oath : " I, A. B. do ^v, ear, that I will well and truly perform the
duties of judge-advocate of this court, according to the best of my skill and ability. So help me God."
And (he judge-advocate shall administer the fallowing oath to the memb>i;-s of the court-martial : " 1 A. B.
do swear, that I will hear and determine ail causes which may come before this court, and thnt I will faUh-
lully report all delinquents that come within my knowledge. That I will acctjant for all fines and forfeit-
nrtts by me colU-cted or received, and in all cases enforce a due e;:ecuti'.n of the militia laws of this State,
Id the best of my knowledge and ability. So help me God.'* That they shall enquire into the age and
»hility of all persons that come before them by appeal, and exempt such as rn.iy be j'ldgcd incapable of )80f>. 230
service ; also ;ry and decide on all persons ciiarg>;d with omission or commissinn, as well by officers us by «»— v—'
pfiva'.es. The said ref^iniental or baualion courts-murtial shall hear and determine all a;>pcals fi-o.-u the
conipa^^y coMi'ia martial and to order and dispose of all fines for buying drums, fifos and o'dier Implemeuts of
■war (or the vise of the company fi-om wiicnce the same shall arise, and for supplying the aiilitia with arms
and accoutrements and other purposes, that will promote the good thereof. The judg-e-advocate shall be
aliowfd a reasonable salary, to be paid out of tht fines for his services. His duly shall be to vn-ite at J''-'S'^ 'v^•
length the proceedings of the said court. For all fines which may be imposed by the court-martial, he- is "^"^'f'^, sa'.ary,
hereby authorised and required to enter up judgment and issue execution, which if against commissioned ^'* ^'"'^*
oHkcrs, shall be directed to the adjutant or constable ; if against non-commissioned officers or privates,
shall be directed to a sergeant of the company, or constable of the county to which the delinquent belongs.
The adjutant, sergeant or constable shallproceed to distress and sell in the same manner, and under the
same rules as are established by law for the government of conslablts initheir duly in civil cases, and shall
be allowed the same fees for their services. That the adjutant, sergeant or constable, shall in all cases
make due returns to the next succeeding court-martial ; and in case of failure of such adjutant, sergeant or
constable to do the several duties as required of them by this act, in collecting and accounting for ail fini.-s,
such adjutant, sergeant or constable as the case may be, shall incur a penalty or fine of double the amount
that such adjutant, sergeant or constable was so bound to collect and account for.
XIII. Be it further' enacted. That the commissioned officers of the company, or any two of them, after Courtmard.-.t.
each and every muster of the eempany, shall on the same day meet in court-m.artial, and proceed to try and
determine all cases which may come before them ; and on the conviction of any delinquents, the olficer
highest in rank present, shall enter up judgment and issue execution, directed to the serjeant or constable
ct that district, at his own discretion ; which sergeant oi- constable, as the case may be, shall proceed ^s
before directed, and shall make his return to tbe next company court-martial. That it shall be the duty of Duty of ihe
the paymaster to demand and receive of the adjutants, sergeants or constables, and others who may have liaymajier.
collected fines and forfeitures, and distribute the same, agreeably to the directions of the court-martial, and
settle his accounts aniiually with the judge-advocate. And the paymasterii respectively shall, before they
enter on the duties of their office, give bond witlv sufficient security in the sum ofone hundred pounds, paya-
ble to the commanding officer of the rejjiment and his successors in office, fo/ the faithful accounting for,
agr-ceably to law, of all sums of money which may come into his hands by virtue of his appointment : And
it shall be the duty of the commanding officer aforesaid, under the penalty of one hundred pound^;, to sue
for and recover the same ; and when the same is so received by him, apply it as is already by law directed.
And the several paymasters shall be allowed a reasonable compensation for their services by the COMrt-niar-
tial. In case there shall be no paymaster appointed by the comriiandant of any regiment, then and in that
case each commandant shall perfonn and execute the duties of paymaster as above reqaired.
XiV. iJe it further eimcted, That every oPncer at the first meeting of the court-martial, after being com- OTi;eTS n-M\.
missioned, shall take and subscribe the following oath, to be administered in open court-martial l)y the
judge-advocate : " I A. B. do solemnly swear, that I will execute the oince of according to the rul^is, r
of militavy discipline and the laws of this State, to the best of ray knowledge and ability; and that I -.vill
snpport the constitution of the United States, and of this State, so lielp me God " And also the following
oath : " I A. B. do swear, that I will, at the court-martial of the company to which I belong, duly ad ni-
nister justice, and apply fines and pedaltics f^ecordirig to law, and to the i)est,of my ability, Avlthout Livour, af-
fer i.ion or partiality, so help me God." That no officer shall be entitled to sit in a regimental, battalion or
compsnvy court-manial, unless he shall have taken and subschbed the oatlis aforesaid. .
XV. Be itfuri/irr enacted. That if at any regimental, battalion or company-courts martial, or company of P.-odamatian
the officers, there shall be any delinquents, eltlier for non-attendance, or not being properly armed and ac- f.rtle',!.:iucr.i5
route!'ed« or for disorderly conduct, proclarantion shall be made by the captain or commanding officer, cal-
ling the names of all delinquents enrolled, that they attend the trial at the following company court-martial
which shrdl be deemed a legal notice. If field Q;1ficers, or officers of the regimental staff, suc^ notice shall
be given by the commanding officer cr adjvitant of the regiment or battalion, or to the officerf assembled ;
Rr.d if any officer Of pi'ivate has an excuse to offer to the court-martial, he may send his affidavit, tak'en be-
fire a civil magistrate, or produce a witness, or he may personally appear and make oath to the cause of
his delinquency : and in all cases, ■•vhelher for neglect or failure of the officers and privates of regimental
or battalion musters, or appeals from the company courts-martial, and all other cases of which the regifnen-
ta! courts-martial have jurisdiction, their determination shall be final.
XVI. Be it further enacted. That the right of appeal shall be reserved from a company to a regimenlcl Arr^''^-
ewirt-maitiaJ.and thatth« several coUrls-mHrtial shall in future have power and legal authority' to adjourn
4. D
S^ l-SOe. f'.'oiTi fiav to rlav, or to any future 5ay, wlien it Hh&Vi be the duty of the ofiicers tnlltlecl tf> comprise the same.
V— V— ^ to ailend under tiie usual peiialtier> by law establislifcd by this act in other like caj-cs for Hon-a(tendance, ami
at which time the uniinishcd business of the couri may be acted on s Tliat if ihere shovdd not meet a s'lf*
ficieiit miinbtr at the Dkice of adjournment to form a quorum, that the ofTicer ordering tlis same shail have
pov.er to continue Us udjcurnmerits. That when any original conrt-uiAilial shall b: ordered and a salli-
cieiu numb-r of ofTiceis do not attend to Form the same, tlie business of the said court sUaJl stand adjourn*
ed uniil the n:^Kt com t-nuirtiai in course.
OSctrs to be XVIi. JJr' /f fuviLcr enacccd. That every commissioned oKcer of the infantry, lay appointment ef the
exeicised, commandin.; oiftcer.cf each regiment, shall meet tlie dayijefore that on which the commanduig oincers
of such rea-'iment or baualion appointed ibr the holding reviews or re^iiiientsd musters in their respective
•counties ; where the said commissioi'cd officers of iniantry shall be exercised by the adjutant, or by the
commanding oEicer of such reL^iment or battalion, at least three hours m euch day, when and where they
shall be instructed in all miUiers of field exercise and discipline, acco.-ding to the system whicii now is or
mav hereafter be established by the Ctsngress ef the United States and of this State. And any commis-
sioned ofliccr who siiall hdl or neglect to a,ppear at the time and place so appointed by the commandant of
his regimeiit or Lattahon as required by this section, or if appsaving be rjct armed and tqiiiped as by vhis
r.ct directed when at any reviewer parade, such com.missioncd oRicer sof:iLling and neglecting, shall forfeit
and pay the sum which such Commissioned o!F;ccr would be compelled to pay in cases of failure and neg-
lect at any regimental or battalion reviews or parades, and shall be recovered in the same manner, and the
monies appiied as in other like cases directed by this act. And such commissioned ofiicer shall in every
instance whatever be subject to the same punishment for neglect of duty, or disobedience of his superior of-
ficers, as such commissioned ofBcer would be subject to when in actual military service.
General officers XVIII. Be it further enacted, That the general officers shall immediately after their appointment to of-
fice, notify the Governor for the time being, of their acceptaiM;e or non-acceptance of such appointment.
That if any major-gerieral or brigadier-general shaii think proper to resign his commission, he shall first
notify the Governor for the time being, and other officers to whom it may be his duty to make returns, of
such his resignation ; also the name of the next officer in command, and the Govenror and such other of-
ficers to whom returns from such resigning ofiicer is or may bedue, shall thereon require the necessary re-
turns and reports of the next officer in command of the division or brigade, until the vacancy occasioned by
such resignation be filled : Prorhk'd, That such resignation doth actually take place three months
previous to the meeting of the General Assemhly, and if not, the oilicer so resigning shall be accwuntuble
for all returns due from iris division or brigade for that year.
Abserce of XIX. jBc itjurther enacted, That when any officer commanding a division, brigade or regiment, shall
c<)mm'ir.,.l;.ig Ivave occasion to be absent from his usual residence two months or more, it shall be the duly of such officer
officets to be iQ notify the officer entitled to the command of such his intended absence, and also the next superior officer
not.fied. j^ command, under the penalty of twenty-five pounds if a. genera! officer, and ten pounds if any other field
officer to be recovered and applied as other fines,
money and na- XX. Be it fvriher enacted, Thtit all officers who have in their hands either money or papers, received by
|)crs to be ddi- virtue of their ."appointments, shall, vvlien they leave their office, pay and deliver the same to tlieir successor
■\cred. in office under the penalty offifcy pounds, to be recovered in the name of the Governor and applied in4ike
i^nanntr as other fines.
'Iflsa'-r ci?ois. XXI. Be it further enm'ed. That in esse of any insurrection, it sliall be the duty of the militia officer
higl.'.e>t in command in the county v, herein the same shall happen, immediately to take measures for sup-
iy.r'e3sing said insurrection, and to give notice thereof to the nearest general officer, wiiose duty it shall be to
send antxpr;;ris without delay to the commanding officer of ihe state, informing him of the same, and the
r.ature and extent thereof. In the rriean lime the jaid general officer shall immediately pursue the most ac-
tive measures for suppressing the said insurrection, and it is iiereby directed that the said militia sliall ap-
pe:.r ^vith arms, ammunition and accoutrements required by this act.
p^ . , J, XXII. Pis it further enacted, That every officer who shall neglect or refuse on call or alarm given, to ap-
pear at such times and place s as shall be appointed by his commanding oiTicer, he shall, on conviction before
-a. court martijd, be C£.&hiered and rendered incapable of ever after holding a military appointment under the
■Authority of ihii slate, and be further liable to pay the sum of twenty pounds, to be collected as herein di»
Vccted ; and if a non-comraissiontd ofiicer or private, he sh.ill forfeit and pay the t>um of five pounks. If any
person do not march agahistthe eu emy when commanded, by himself or substitute, or refuse or neglect
to do his duty, or perform the services he is requested to perform by his officer, or quit his post, desert oi*
mutiny, it shall and may be lawful for the commanding oCicer of the regiment or corps, to order a court-
tnartial fcr the trial of such ofltudcis. The members when met, siiall individually, before they proceed liiuf
tailing to ^'^
♦«ar.
ftt»e'fofio*injp; m t h : < 1 s-\vc£r well anJ tfuly to try and c!etcrmi;ie, a'r.coi'dinp; to the eVklence trTt^ie matteTTjc- TSOB. 331
f^foie me, between t'.iis state and tlie person now 'obe tried, so help me God." And shall, on trial and con- >- — ,-^_j
jviclionj order »ii>nishinent on the offender according to the ariicles of war, es'.ablished for the r^i,'iilution of
jtjie aiRiy ; /''■o'-tf^fc', auch punishment shall not extend to sentence of death, except in cases of desertion
4o ar. enemy, or mutiny.
i - XXlf I. -t^t' itfurtho- enactt'd, That v.o oHtcer or soldier directed by this act to appear and muster as a- Exenp-inn
I foresaid, bhali be liable to be taken or arrested in any civil action or process whatever, on the day such per- ^ "^ '^ airest on
iSJin or persons is er rir<; directed to appear, or in jn reasonable time either in going to, continuing at oi- re- c:Vil action.
lurriing f:om ibc place appointed to iniisler or appear, but cvei y such arrest b hereby declared to be void,
Kvery person required by this act to attend musters and rcA'iews going to or returning fionithe sanie, shall
;be sutiered to puss over any to'l-brid.aje or toll causeway, and shall be put over any ferry without dday, Irce
from ar;y charge wluilev-er. If any ferryman or prorprietor of any loll bridije shall dem.ind piy, or refjie
to put ovei- such person, they shall forfeit a'ld pay for every sucii offence, forty shiliinijs, to be recovered
Lv warrant from any justice of the peace, to the sole use of the informer.
" XXIV. Be it farther enaCtd-, 'i'hat the jnajor general of each division shall when convenient to himself, Geni-ra'^ to w.
but at least once in every four years, from the time of Ids last review, and once ia every f nir yoirs lhere;\fter, fl-f tevrr.V8,
■ordsr a review of the several corps composing said division, to meet by regiments in their respective cour>« •
tics, and he shall attend the said reviews under the penalty of one hundred pounds. The brigadier general
of each brigade shull in like manner, at least once in every three years, order a review of tlie several va-^x^
roents or battalions under his command, und;ir a penalty of Hfty pounds ; and such brigadie^-gencrdl sh^ll
^cuuse lo be !jiven to the commanding officers of the regiments and corps under their command, afleast thir>-
ty days previous notice of such reviewsor general niusters. And the brigadier-general shall rii i^ie a di:p!icat3
return annually to the adjutant-general, at the bottom of which it shall be their special duly respectively to
s,ttite when his biigade was fast reviewed by the niajoi\general coiumanding his division.
XXV. Be it further enacted, I'hat id! fines or forfeitures by this act directed and not herein particularly p,aes ho
■appropriated, slutil be i pplied to the purpose of buying drums, fifes, colours, arms and accoutrements for the pied,
use of the cf)rps from whence the same did arise ; those paid by t'le major-general sball be equally divided
among the brigades of his division : those paid by the brigadier-general, shall be eqiully divided among the
Tegimentsof his brigade : (hose paid by the field and staff ofBcers and not before appropriated equuUy among
the companies of the regiments or battalions to which they respectively belong ; and those paid by the other
commissioned oiTicers, among their respective companies.
XXVI. Be it further nuided, That when companies consist iirincipally of persons residing wiihin any r>
town of this state, and the muster ground is at or within one mile of said 'town, that all fines herein imposed towns to' my
for not appearing *it reviews or musters, or if appearing, not4<eing properly armed and accoutred, shall be douUe fints.
double.
XXVII. Be it further enacted, That if any person liable to duty shall appear at or near the parade or PersoT)s en
muster ground during the time of any re\iew or muster, and shall not take his proper station and perform muster groundj
the duty required of him by law, or behave hiir.self in a disorderly manner while on the parade, it shall be "°* °i Ju'y
the duty of the commanding officer of the regiment or corps, to order the said person under guard, there to "^^ ^^ arrest-
be detained during the lime of exercise, or the service then performing and until the militia are discharged, ^ '
.and such person shall further be fined a*»the discretion of the court martial.
XXVlil. Be it furiher enacted^ Th.at the respective officers, non-commissioned officers and privates, p^y ,yhea in
when in actual service in the defence of this slate, shall, from tl>e day they are ordered on duty, be paid ac- service,
■cording to the following rates : A major-general per day, twenty-five shillings and fifteen rations per day,
6H- an equivalent in money ; ar,d wheti W.'-.ge shall not be furnished by this state, the further sum often shil-
lings per day ; a brigadier-general per day, twenty shillings, twelve rations per day or an equivalent m
money and eight shillings per day for forage when not famished as aforesaid ; a lieutenant-colonel comman-
dant of infantiy, fifteen "shiWings per day, six rations or an equivalent in money, and six shillings per day for
forage when not furnished as aforesaid ; a ni^ijor of infantry per day, ten shillings and four rations or an
per
^av or an equivalent in money : a surgeon of ditto, eight shillings and three rations per day or an equi-
valent in money, and six shillings per day for forage, v.-hen not furnished as aforesaid ; a surgeon's mate,
ahillings and two rations per day or an equivalent in money, and six shillings per day for forage whci not
furnished as aforesaid ; a regimental paymaster, quarter master and adjutant, in addition to their pay in
the line, each six shillings and two rations per day or. an equivalent in money, and six shillings per day for
^rage,'when notfurnislKd as aloresiiid ; a sergtiant major and quarter master sergeaatj each five shilling*'
2^2 l?Ofi. per day; a fife major and drum major, each five shininjvs per day : a diuminer and nfcr, 6ar.h four shil-
u-»— > lings per day ; a sergeant four shillings per day ; a corporal three shilliof^s and six pci!ce per day ; and a ;
private, tlirce sliiihngs per dav : Provided., That the above mentioned puy shall not be construed to be!
due to any ofiker or soldier, called out at any time in pursuance of orders from tLe executive of tiiC
United Slates, or the laws thereof.
Aftioberead. XXIX. And ben further enacled. That it shall be the duty of each captain in the state to cause this lavr 1
to be read to their respective companies ^t least twice in each year. .j
Repeal XXX. ~4nd belt funlr.r enacted, That all acts and clauses of acts which come within the meatsing and -j
purview of this act, are hereby declared to be repealed an4made void ; any thing to tiie contrary notwith ;
standinsj.
*^*''*^^" ' An act to revise the Militia Laws of this Statey relative to the Cavalry.
One regiment W^ ^^ enacted by the General Assembly of the Slate of North'Carolina audit is hereby enacted by the authority \
ol cavalr) 111 *^ uf the same. That from and after the passingof this act, there shall be in each brigade of militia in this .
«a.h bii^iide. Stale, one regiment of cavnlry ; that there sh^U be to each regiment ofcavolry one lieutenant-colonel com-
itandantand two majors, to be appointed, in case of vacancy, by joint ballot of both houses of the General
Assembly and commissioned by the Governor for the time being. And that out of the militia enrolled 'v^.
this State, there may be formed out of each baltalicn that have a separate muster, at least one troop of caval-
ry, to be formed of volunteers and shall be uniformly cloathed in regimentals at their own expence ; the
colour and fashion to be delermiued by the fiekl-olTicers of cavalry of the regiment- or battalion to which .^
ffi- rs ^"^^ belong ; to each troop one captain, two^lieiitenants, one cornet, four sergeants, four corporals, one sad- .
^'^ '•^ • dier, one farrier, one trumpeter, and not less than thirty-two dragoons. The commissioned officers to fur-
nish themselves with good horses, at least fourteen and one half hands high ; to be armed with a swoid
and pair of pistols, the holsters of which sliall be covered with bear siiin : a'ld each dragoon shall furnish
himself v/ith a serviceable horse, at least fourteen and a half hands high, a good saddle, bridle, breastplate,
cnipper and valise, a pair of lioots and spurs, one pair of pistols and holsters, the holsters to be covered with
hear skin, a sword and carloucii-box to hold twelve cartridges for pistols. And that the field officers and
corrtmissioned oBicers shall reside witliin the brigade, regimentaior troop district in which they respectively
command.
re)so:r, crrol- H. Be it further cm'-ted, That no person who now is, or shall hereafter procure himself to be enrolled in ;
ki nn'. to i-e- any troop of cavalry, shall be permitted to return to the infantry, except as provided by the fourth section "
turn t<> lUi In- of an act passed in the present session relative to the Infiniry. ' And it shall be sufficient for any person to
Jantry. \.q enrolled and approved by the captain of any troop of cavalry, without the intervention of any other officer
whatever. Provided always, tiiat each person enrcliing himself shall have six months from the time of
each enrollment to eqbip himself, and shall thereafter be subject to do duly in the cavalry only,
Mu3;crs, III. Be it further enacted. That the commanding officer of each and every regiment' of cavalry, shall
muster their regiments at fie places where the !aie superior courts of the district to which said regiment
belongs were he'd ; except the cavalry of the counties of Buncombe, Anson and IMchmond. which sh.all be-
j mustered and reviewed at the places heretofore fixed on for that purp05e in their respective counties, anci
except also sucli districts as have two regiments of cavalry, in whic^ case it shall be at such places a'J th«
con-smanding offic'cr shall direct at least once in evevy t>vo years, under the penalty offifry pounds; andsucli
commandinn oflicer s.'sall o!;ce in each and every year, on or before the first day of Oclol^er, make a hist antl
£u!I return afier the form to to be jirescnbed by the adjutant-general of the State, of all officers and dra-
goons u"dcr his command, to the major-general, in whose division such commanding ofiiccr of the regimeiU
Oj cavalry belongs rc'=ipcclively, ur.der a j)enalty of fifty pounds.
\VU -. shxW IV. Be itfurth-r enacted. That thi^ troops of cavalry respectively, when attending the general mu'iter or.
Cdn-.ma'id. the regiment or baUalivii of infantry, shall he under the command' of any field ofricer of cavalry if present
on parade, except on re- it;\v days when ordered ny the major-generdl, ad]utant-generai or brigadier-general-
and at Uie reviewing oitbe regiment of cavalry when ordered by the colonel thereof, the cavalry shall be
under the command of the ofTiGcrs of cidvalry only, except a general o,licer shall be present on the parade.
S-evjews. That it shallbe the duty of each colonel of cavalry in this State to review, or cauae one of his m-^jor? to re-
view, once in every year each troop of civalry under his command, within the counties respectively whert?-
such troop may rcsitle, under a penalty of ten pounds, to be paid l>y the ollicer neglecting his duty. Tha,?
each and every tro-.p of cavalry shall muster, at least once in every three months, at such time and place as
Conrts-martia!- *'*^ ^^ptain or commandmg fficer of such troop shall direct. That the commissLined ofikers of each troop,
• or anv two of the n.^s'nall hz and tliey are. hceby authorw:ei and re,']nir-;;d, to hold courts martial on the dav^
or succeeding day of any company muiters, in oi-d^r u> cfjrci th;i aiihtia l.iws of this Stats s./ i'i,r as res-
^ects the cavain* department and sl^all priced to tr^'anH ; ises which mrkv come before them> \ fto6. 2f 3
subject nevertheless, to an appeal to the re;^t.!)eiitul court i _ i; j -. , j.- ■ ja tlie conviction of any delinquent,
the officer highest in rank present, shall eiuer up judgment and award process of execution directed to a
Serjeant of said troop- or constahle of such county in whicli such troop may reside at the discretion of such
cqmmandinj^ officer : and the Serjeant or constable, as tbe case may be, shall immediately proceed in the
Baftie manner, or- cause to be made the sum required in the same manner, aod imder the same rules, regula-
tions and rtwtrlctions^ as constahles by law are reciuired to do, and shall malte atrue return of stich procee-
dings as may i>e thereon hid, to the succeeding court-martial of said troop : and the officer executing such
process, shall receive the same fees as are by law established for constables in like cases. Provided, that
every absef>iee shall be allowed until the next master of his troop to make his excuse, which shall always
and without exception be on oaih ; the officei: higliest in rank present, shall administer the oath to sucli
absentee. ^ , ^
V-. Be h furthrr enac^cd^ That- if any officer shall suffer liim'self to be intoxicated or behave in a riotous Penalty f«ri««
or disorderly manner, when required to be on duty, or disobey the orders of his commanding officer, he loxication, &.c,
Khali for the firs' offence be o'penly reprimanded by the president of the court-martial before whom he is
convicted and ftned at the discretion of said court, not exceeding two pounds, and for the second offence
shall be ahsoljtdy cashiered. Th it if any non-commissioned officer or private shall, during the time of
muster, resist his eommariding officer, or refuse to obey his lavvful commands ; if anon-commissioned oPR-
cer,-hc shall be confined and kept uuder guard during such muster^ reduced to the ranks, and fined at the
discretioi^. of the, court-martial before whom he is tried, not exceeding- one pound ; if a private, shall be con-
futed and kept under guard during such muster, and fined at the discretion of the courtrmartial, not excee-
ding ten shillings. And if any perso\i liable to do duty shall be at or near the parade or muster ground,
during the time of any I'eview or muster, and shall not take hisaroper station, and perform the duties requi-
"red of him by law, it shsU be tiie duty of the commanding- officer of the regiment •c troop to order him un-
der guard, there to be detailed during the time of such exercise, and until the troop or regiment are dis-
charged.
Yl.-^Be it further enacted^ That the commandir.g officer of each regiment of cavalry shall oi-dera regi- Beg'urentsJ
mental court-niartiaVtabeheld at the place appoiRteu for mustering the same, ^rhich court-martial shall court inatuai.
consist of p.t lease a majority. ortheGommissioned officers of the iregiment or more if the commanding ofii'
cershal' direct, one orwhdra'shz.llbs> tieid-oflicer, and two at least of the grade of captain, and the officer
highest in rank present shall: preside at the court. . Which court shall be warned to that duly by the adju- '
tant of the rs^i'T.ent by- a n)ster to be by him kept. The said court, when convened, shall appoint a judge- t^j^^ «c1v«^
advooate. " . hiinsol'", in the presence of thd said court, take the following oath : " I A. B. do swear g^jg"_
that I w ruly perforfT! the duties of judge -ad'/ocate of this court, according to the best of my sluU
and abiiiciji. ^c^ iielp me,God," - And Ih? judgt -ad vocV.te shall administer the following oath to the mem"^
feers of said court : ' "I ,A. B. do sweat, that I will hear and determine all cans-es-which may come before
thi^-comt; that 1 will faitididliy report all delinquents that coine within my knowledge, that I will account
.for'all. tines aiid forfeitures by mc collected or rece^tcd, and in nil ca'>s whatever, enforce a due execution
of the railitsa'laws of this State so far'as respects the cavalry, , to tne best of my knowledge and ablhty.
'i>o htlp rne»God'." .^Tiic sf^sd court shall enquire into the age and ability of all persons that may come
before.tliem by appeal or otherwise, and sverapt sii£:h as may be deemed incapable of service ; also try and
ijecidieon ajlper^ns charged with <pni mission or omission, and the said regimental courts-martial shall
hear -and determine all appeals from the company c.<Jurts-martial, a^.d to order and dispose of all fines and
forfeltares^s to thenj mayseem right and agreeable to law. The judge-ulvocate shall be allowed areasbn-
ftWe salary fijr his services, (o he p^id out of tho lines, and his duty shall be to write at length the proceed-
' -^s of said court,' and for all fines whirh may be imposed by the court-martial, he is hereby lUilhorised and
ai.ed toenter i;p judgrricnt and issue Veoution, which, if against a commissioned officer, shall be directed 4
'iutant or sheriff of the county, if against a non-commissioned officer or private; shall i>e directed
san*. ef the company to which the delinquent belongs or to a-constuble of the county in which the
^ ...... ;>vnt resides, at the option of the judge-advocate. That the said adjutant or sergeant shall take and
'' l^khscribe the foliovjng oath : " I A. B. do solemnly and sincerely sv/ear, that I will use my best di\dea-
voiirs to collect all fines and forfeitures, agreeably to the precepts to me delivered, and duly account for the
sanic according to law, to the best of my knowledge and abilities. So h^lp me God." That the adjutant,
shurifi', 5er:^eantor constable, shall proceed to distress and sell, iiiAhe same manner, and receive the same
feeataftV-onstablesby law a,re entitled to receive in eivtl cases. That the adjutant, sheriff, serjeantor constable,
M the c'afee may be, sh«U in 'all cases make due return to the next succeeding court-n-tartial. And in case of
^fure to iaiUeci: and acCoaht for Sit foesand icfffeifures. shall incur a penalty of double the sum by them t«
'■,-■-■ 4 E—
29* lf?<^6. be collected -, and on proof ef such failure, the regimental coMrt-wartial msy enter up judgment (herefof,
■»-v--^ ^"'' award process of execution by the judge-advocate as aforesaid, directed ts. any officer of the regiment
whom the^court may tUinli proper.
Officers toea';h ^^^' ^'° ^'f^"''^'"'' ^"fictrd, That there shall he te each regiment of cavalry one adjutant, one quarler-
legiment. master, one paymaster, one surgeon and surgeon»o mate, each of the rank of lieutenant, to be appointed by
the comnnmding officer of each rei.;iment.
Vlii; £e it/url/ierenactccli 'i*!»at the paymaster of every regiment of cavalry, shall give bond with suf-
■Paymasters du- ficicnt security in the sum of one hundred pounds, for the faitliful performance of his duty, payable to the
*»*^' commanding officer of the regiment, and his successors in office. And it shall i)e the duty of the paymaster,
to dennand aiid receive of the adjutants, sheriffs, sen^eants and other officers'who may have collected fines
and forfeitures, and to distribute the same, agreeable to the directions of the court-martial and settle his ac-
counts annually with the jud^jje-ndvocate. For vvliich services the paymaster shall be allowed a reasonable,
compensation by the court-martial ; and for the wantof a payraasicr the duties herein required of that olTiccr,
shall be performed by the commanding officer of the regiment.
T>'ity of the ad- ^^- ^^ it fi^rthe r (Tiucfca', That it shall be tl.e duty of the adjutant of the regimenl, to attend the regt
jiitant.
naUies by them incurred, and which are not otherwise spcciaiiy provided for in this "act, and lo receive ar.d
account or the same annvally with the paymaster of iheregiment :. for which services the adjutant shall be-
allowed a reasonable competisation to be paid out of the fines so collected by oi-{!er of the court-rnarliaL
And in case any adjutant, shall fail to attend and perforra his duty as required by this act, he shall forfeit
and pay the sum oflifty uounds. ' ' .
X. Be it further enacted, That every commissioned officer of cavalry at the first meeting of the court-
():11fe«s to take martial i'ltei- heiiig commissioned, sliall take and subscribe the following oath, to be adoiinistereu to him in
an oat • op.;n court-martial by the judge-advocsie, or before any justice of the peace of the county in which such of-
ficer may reside "I A. B. do solemnly swear, that I wiil'execute the office of according to the rules of
military discipline and the laws of this State, to the best of my abilities and that I will support the consti-
tution of the United States and of this State, and that I will at the court-martial of the company to which I
belong duly administer justice, apply fines and penalties according to law, and to the best of my ability,
without favour, affection or partiality. So help me God." And that no officer shall be entitled to sit in any
court-martial whatever, unless he shall have taken and subscribed the oallis aforesaid.
Befeferceto " ^^' -^^ ^'''/"'■'^'^'' "'^^'''^' That the eighteenth section of an act entitled "An act ta revise the militia
ilie infantiy '^^^'* °^ ^''^^ State, relative to the infantry," passed at , the present session of the General Assemblyi shall
act. ^^ ^"f' ^lis same is hereby declared to be in force upon each and every commanding officer of any regiment
of cavalry. That the seventh twenty-second and twenty-third sections of the above mentioned act are here»
by declared to be in full force, and virtue in the cavalry depaitment, in the same manner as if they were
severally inserted in this act.
OlTicers how ^^^' J^eit further enacted, That the Commissioned officers of troops of cavalry shall be recommended by the
appoJKted. field ofEeers of the regiment to which they belong, and commissioned by the Governor for the time being.
That all non-commissioned officers of each troop, shall be appointed by the captain of such troop. That ail
commissioned officers shall take rank according to the date of their commissions, and where two or more of
equal grade bear the same date, then their rank shall be determined by lot, to be drawn by them before the
commanding officer of the regiment to which they respectively belong.
Field cfficfts XIII. Be it further enacted, That if any field officerof cavalry shall fail to attend at any regiments! mtister
failing to at- of cavalry, or if attending, be not properly equiped aj required by this act, he shall forfeit and pay the sum of
ten4 musurs. ten pounds. If acaptain,he shall forf-it and pay the sum of five pounds ; and each commissioned officer under
&«• that grade, the sum of three pounds : if a non-commissioned officer or dragoon, the sum of two pounds.
And for any failure to attend at any company muster, or if attending be not properly equiped as required hy
this act, the officers and drai-oons shall forfeit and pay one half of the ab»ve sums, to be recovered as other
fines imposed by this act.
Forfeitures for XIV. Be it further evaded^ That every captain of cavalry who shall fail or neglect to mucter his troops
wptaias. by himself or lieutenant as herein c/irecled, and to exercise and mahceuvre tliem agreeable to the system ol
mifitary discipline which has been, or may he hereafter established, shall forfeit and pay for each and eve-
ry neglect, the sum of five pounds. That it shall be the duty of each and every captain of cavalry to make
a tvue return of their troops respectively, to the commanding officer of the regiment to which he may belong,
on or before the first day of September in each and every year, under the penalty of fifteen pounds foi
each neglect.
XV. ^f iV/wrr/iirr fwjcrr^, That if at ariy couTt-martial or miister of earalry, lliere sliall be any delin- IG06. 295
^ucnts, eilher for Bon-atlendaiice or not being propcvly armed and equipcd, or for disordt^rly conduct, pro- 1— y— ^^
clamation shall he made by order of the captain or conjMnanding; oiBrer, culhn^; the names of all delinquents ProcUmaticn
er.roUcd, that they attrnd the trial at tJ.e fullowing court-martial, which shall be dtemed a legal notice : If field *° ^t "lade of
officers or officers of the rejjiinentol staff, such notice shall be given by thscommandiuq; ofiRcer or adjutant '^hacjncius,
of the regiment : If any officer or drarjoon shall have an excuse to offer to the court-n.artia], he may send
his afl'id«vit, taken before a justice of the pence, or produce a witness, or he may personally appear and make
oath to trie cause of hiG delinquency, and in ail cases, wlicther for neglect or failure of the oHicers or dra-
goons, or appeals from the troop courts-martial, the decision of the regimental court-martial shall be final.
XVI. lie. it furl her enacted, '1 hat the delinquents of each tioopof cavalry H'hich may hereafter happen ndlnquents t(j
Jit any regimtnlal parade, shall be heard and either fined or excused within the countv where they res- ^^ hea'd.
pectively reside, before a court-martial, which shall be ordered for that purpose, by the commanding olficev
of the regiment within six months from stub parade or review, in manner following, to-wit;_ to be compo-
sed of the coHimissioned officers of each troop respectively or a majority of them. 'J he said court shall
have power to appoint their necessary officers, and proceed in the same manner as regunental courts-mar-
tial, ar.d make due return of their proceedings to the next ensuing regimental court-martial, lOP-ether n jtlt
all monies by them caused to be made, to be disposed of as herein directed; any law to the contrary nolwith-
standinj^* •»
XVli. Be it further cnuct^cU That all finrs and fctteiUires by this act incurred, and net herein particularly FJnes ho«r aj^.
appropiiated, shall be applied to the purposes'of first buying trumpets, and then at the disposal of the re- l>ronr;aied,
gimental court-martial, to the wse ard I cnefitof the troop from whence the same arose. Those fines paid
- ,by the field and sta.fi' ofiicers and not particularly appropriated, shall be equally divided among the troops
composing the -regiment to wich thty respecrtively belong. All other fines and forfeitures arising by vir-
tue of this act, shall be tippropnated and divided at the discretion'of the rcgimfcj.tai court-martial for the
promotion and advancement of the military cirscipiine.
XV HI. li£_it further er,acii.d, That all otTicers of cavalry going out of off=ce, who may l*eve in their Money anHp^,
hands aiiy papers or nionies relative to, or by virtue of their appointment, shall be bound, under the pen- P^'* 'obedeil-
ahy of one hundred pounds, tp deliver the same over to their successors in ofp.cc, to be sued for and reco- ^"^"^ "P'
vercd by such sncce&sor in t'^e name of the Governor before any jurisdiction having cognizance thereof, tq
be applied to the use of the w\ginierit after deducting the necessary costs and charges.
XIX. Be ilfvrthcr (vactvd^ That whpn any penalty whatever is imposed by this act upon any field offi- Pcnslty from
cer of cavalry, for any neglect or bretirh of duty whatever, and no remedy is prescribed how the same shall fitU f fficfrs
be sued for and reToyered, then and in that c-se it shall be the duty of the adjutant-general of this State to "low secoveietf,
commence suit ftfr the' same in the name of the Governor, before any jurisdiction having cognizance there-
of; and a certificate of the adjutant-general under his hand and sea!, shall be conclusive evidence against
such delinquent officer : Pro-vidtd, That such certificate contui-.« such matter as would be sufficient to con-
^nct such cfFiccr if dehvered by the rules of law in any court ot record. And the judgement so obtained
shall be carried into execution by the sheriff or constable of any county, as the case may be, in the same
manner, and under the same loles, regulations, restrictions and penalties, as are prescribed in cases at com-
mon and statute law.
XX. Be it further enacted^ That the ofTiceTS non-commissioned officers, and dragoons hereafter mention- P»y when '^
ed, when it: actual ser-vice in defence of this State, shall from the day they may be ordered on duty, be paid **'V''=*
accordhigto the following lates : a lieutenant colonel commandant of cavalry, twenty shillings and six ra«
tions per day or an equivalent in money, and when forage shall nQ^t be furnished, the further sum of six
shillings per day ; a major of cavalry, fifteen shillings'and four rations per day or an erjuivalent in money,
and six shillings per day for forage when not furnished as aforesaid ; a captain of cavalry twelve shil!in«-s
and six pence and three rations per day or an equivalent in money, and six shillings per day for forage
when not furnished as aforesaid ; a lieutenant of cavalry, ten shillings and two rations per day or an equiv-
alent in money, and five shillings per day for fijrage when not furnished as aforesaid ; a cornet, seven shil-
lings and sixpence, and two rations per day or an equivalent in money and five shillings per day for forage
vhen rot furnished as aforesaid ; a surgeon, ten shillings and two ratior.s per day or on equralent in mo«
ney, and five shillings per day, for forage when not furnished as aforesaid, a surgeon's mate, seven shillings
and sixpence and two rations per day or an equivalent in money, and five shillings per day for forage whea
rot furnished as aforesaid ; a sergeant of cavalry, six shillings per day and five shillings per day for forage
when not furnished as aforesaid ; a corporal of cavalry, fi". e sh.illings per day, and five shillings per day for
forage when not furnished as aforesaid ; an adjutant of cavalry, the same pj.y as that of a lieutenant; a
^artermaster and pay roaster of cavali-y, the same pay each as that of a lieutenant } a saddler, a farrier, a
CHAP.
2?5 1806. boot maker and trym'nplefr, cnch five sViillins^s pet* day, and four sViillings f'>r foras^e per day when riot fur-
v—V"—* nished as aforesaid ; a dragoon, four shiilinga jier d.iy, and four shiii'.ng* tor forai,;;e j>«jr iLvy *vhen not runiish--
ed as aforesaid . Provided, Thai the above mentioned pay shall no( be co'ist aued to be due to any oificer op
dragoon called out at any time in pursuance of orders from the executive of tlie U^jited Siales, or liie Iaws
thereof. •
Repeal, XXI. Jddbeit further enccted. That all acts and clauses of acts which com^ withjn the naeaning and
purvievvof thisact, be, and the same are hereby declared to be rej)ealed and made Yoid> any thinjj to Ihc
contrary notwithstanding.
20. '^« -^co to revise the Militia Lav:s ■flhlii utc '-> the JrtiUerify Coinhanies of Light hfanti-y^ Grenadier*
ana R>f.en--. . ' '
Compar.y of Ti^ ^'^ enacted by the General Assemblij ofih'i H'ate of M.rr v kerf^hi; enacted by the authority
gi-enadiets, &.C. X3 of the same^ That out ov the militia enrolled in this bUite, there .aay be formed for each cegimentj
ior each regr- one company of grenadiers, ligi»t infantry v>y rifieraen, and to each division at least one company of artillery \
*"®''i* which companies shall be formed of volunteers from the regiment or brigade, and shall be uniformly cloth-
ed in regimentals, \o be furnished at their own expence, tiie colour and fashion to be determined by the
•Brigadier-General commanding the brigade to wiiich they belong ; the iicid officers of artillery to fur-
nish themselves, with good horses at least fifteen hands kigin, and they -as well as the commissioned officer*
of artillery, light infantry, grenadiers and rifleq.?n, to arm chep:\se!ves with swords.
Formation of 11. Be it further enacted^ Th^i to each ccmpaliy of artillery there shall be one captain, two lieutenants,
cQm\yii}^^it one cadet, four sergeants, four corporals, six guiliiers, six bombardiers, one drummer, one fi&r, and fifty two
inatrosses : that each matross shaU furnish bimseif with all the equipments of a private in the infantry', un-
in proper or Jinance and field artillery siiali 'ot pr.:Yit'ed. Th^t, to each company of light infatitrv, greiia-
fliers tind riflemen there shall be' one capt .lenants, or*e cadet, four sergeants, fyur corporals, one
- drummer, one fifer and sixty four private-,
rers h w ' ^^^* ^' ^"' Z"''''''^'' enacted, That tiie feid clTicers cf artillery shall, wbeneyer a vacancy occurs, be appoih-
./ i&Wii. ^fd by a joint ballot of both houses of the General Assembly ; th sit, the comtTMSsioned offiicers of artillery
shall be recommended by the field oiTicers of artillery to/the> gpvernorj who is authorized to appoint and
rommission them : That the non-coinmission-jd officers of Riiillery sbRll be wr- pointed by the- captain of
the company to winch they respecti\ely belong. That llle commissioned officers ojf ijght infantry, grenadiers
iatid riflemen sliall be recommended by, the brigadier-gerieral t-imrr.-anding the. brigade to which they may
be attached, to the Gove'nor, who is auf.horijed to spppint ajad comnjissiou them. That the non-comiivis-
siamed officer-s of lio-lit infantry,, grenadiers and riflemen shall be appoiiited hy the capt'ai'ttof the company
respectively, to which such non-r.omm^ssioned officers beloi--g.,' ,- ,
Masters, , iV". Be it fnr'her eracted That the captain or commanding O/Ticer ofeach company 'of artillfery, light-
infantry, grervariiers oi- riilemen; shall once in three months muscef their men at such time ss such captajn
i!.ay direct, and at such pb'.ce as may be agreed on by a majority of the company : if any commissioned
o/Bcer of artillery- U;'-ht infantry, gienidiers-»S' ririemeti slrdi! fail to appear, Orjf appearing and be not e-
quiped in manner as shall be directed by tiie laws end reJjulUions adopted -l)y such cotapany, he sliall forfeit
and pay the sum of five pounds ; ifa non-conhmissioned officer^jr private, two pouudB, to be sued for and
recovered i i the same manner as pre'^cribed iu the act of this Oeneral, Ansemljly passecl rfelntiv^ to the in-
fantry. That tlie. commanding oRicer of the regiment of artiilery-hail, vn;der th^ penalty of fifty pomids,
oiice in every year transmit a retnrn of his regiment to the atljuta'jt-general of the State, on oi before the
first day of the sitring of the General Assemtjly. ; . . ' ' '
-Wh v->\\ ^'' ^^ ^'- /^""'^'' »" enacted, Thai the companies of aytjlio'v, whtfn attending the general mnster»<of the re-
ocmn-rnL ^ment or hattarion of infantry in the county in which they reside, shall ^be under the'cSinmand of the
coTima'-ding officer of the battalion or regiment, except when a field officer.of the sri'i)t-rv 'le then pre-
sent on the parade* 'I'^hatthe officers of the li^ht infantry, grenadiers and nflcree -^mni^r.ded
by the field officers of the regiment of infantry, in which 'hev res-de. The companiu;- v,_ hglU in-
^ fvin'ry, grenadiers nr riRemcn shall liold company courts-martini, hear and de.ermine atl casoa iuisiilg witl;-
i\\ their CMnpanies award execution, and to distabute and iippropiitue the mo lies arisinpffi'oni rli fi-vo^; ■■\
ft^vfeiuntis, in ttie same manner, and urnler the same rules, regul.itions and restrictions as presci
militia lnws reUitive to the infantry,
.p, VI. Bf it htrthe^- mwcted, That each comp'-iny of artillery, light infantry, grenadis^-s or rit;' r.- ': uir.y
f"rm such rules and regulations for their own goveVnraetit as th'^y may.tHnk proper, which mlc und i=egu-
hitions, when formed/shall be biiidlng qn^Auc^ C0Ajai)a.;j tb^rintems aoii p^^^ ' .' ' i-cvme ma>i-
ner as if they liad been particularly racntioned within this act : Providid, That such rules and regulations, 180S. "zsy
when ibrmed, be not inconsistent with Uie laws of this Stite, or of the United States, *i>-^~ ^
VII. lU it further enacted, Tnat each captain of tlie light infantry, grenadiers or riflemen, shall annu- Returoi,
ally, on or before the first day of August, make a return of their conij>anies to the commanding officer of
the regiment in wb.icli such captain respectively resides, under a penalty of twenty five pounds.
VIII. Be ic further enacted, That no person who now is,'Or shall hereafter procure himself to be enrol- Ptjohs enrol,
led in any company of artillery, light infantry, gieuudiers or riflemen sliall be permitted to return to the in- '•'l "o' to f'-
fantry, except by the consent of the field officers of the regiment, or by removal out of the county, regiment j.^''" '° *''* "'^'
or battalion wherein such person v/as enrolled; and it shall be sufficient for any person to be enrolled and ap- '" y*
proved by the captain of artillery, light infantry, grenadiers or riflemen revpectively, without the intervention
cf any other officer : Provided nevertheless. That any person enrolling hii:^self with any captain ofartilleryy
light infantry, grenadiers or riflemen, shall be subject to perform all the duties and exercises in the infan-
try, and under tl-.e officers thereof, ur til such person so enroliin;; himself shall fully asul t^prnpletely equip
himself with clothing and arms required and settled on for such cornpany of artillery, JjglU. infantry, gren-
adiers or riflemen, and a certificate to that effect ptocured from the captain with whom he has enrolled, of
the company of artillery, light infantry, grenadiers or riflemen, as the case may be, and by him produced to
the captain of infantry, under whoih sUch person served befaie such enrolment.
IX. Ee it juTther enacted, That eacii and every section of an act of this present session of the General As- Rs'erenia to
sen.bly passed, entitled " An act to revise the niilitia laws of this state relative to the infantry," which can «' e Infam y
hi applied to the i^overnment and disciplining the artillery, light infantry, gi;enaciiers or riflemen, or which ' *•
Can by construction be applied to them or either of them, £>nd eath and every fcuch sec'.ion of said act is here-
by declared to be enforced by the government and disciplining of the artillery, light infantry, grenadiers or
riflemen respectively, in the same manner and to all intents and purposes whatsoever, as if each section or
sections of the act aforesaid had been particularly and at full length set forth in this act ; any thing in any
law, usage, or custom to the contrary notwithstanding,
X. Be it further enacted, That the pay of the respective oiTicers, non<ommissioncd officers and privates P y. ^'Hen in
of artillery, light infantry, grenadiers a» riflemen, when in actual service in the defence of this state, shall, es'vKe.
from the day tliey are ordered on duty, be according to the following rates : A lieutenant-colonel comrann-
dant of artillery, twenty shillings and twelve rations per day or an eqviivaient in money, and eight shillings
per day for forage when not furnished by the state; a major of artillery, fifteen shillings and six rations per
day or an equivalent in money, and six shillings per day for forage when not furnished as aforesaid ; a cap-
tain of artillery, light infantry, grenadiers or riflemen, eac!» ths simi of eight shillings and three rations
per day, or an equivalent in nnoney : a lieutenant of ditto, six shiliings and two rations per day or anequi-
yalcnt in money ; a cadet cf dittOj five shillings and two rations per gay or an equivalent in money j a ser-
geant of ditto, four shillings per day'; a corporal of ditto, three shillings and sixpence per day ; a privare
of ditto, three shillings per day '.Provided, That the above meiuioned pay shall not be construed lo be due
to any officer or soldier, called out at any time in pursuance of orders from the executive of the United
States, or the laws thereof.
XI. Jnd be it further enacted. That all acts and clatises of acts wh.ich come within the meaning ^nd F<~riner oetj
purview of this act, be and they are hereby declared to be repealed and made void. tpeait .
Jii act to ainevd an act fiansed at Palcigh, in the year of our Lord ore ihoiimnd eight hundred and four, entitled C n AP, 3 ' .
" An act to incorporate two companies for the purpose of cutting a Navigable Canal from Roanoke river J,^^g^ p 24?.
to Meheriin river, and another Navigabla Canal from Bennet's creek, in this State, to Nansemond river,
ill 'the State of Viiginia."
T'/C 7HEREAS representations have been made to this General Assembly, that the important objects of
V V the said recited act cannot he effected without the most liberal encouragement given to those who
would embark in the undertaking, and particularly that men ol sufficient capital will not subscribe their
money wilhoht an assurance of having a permanent interest Tn the result of their enterprize : p , .
Beit therefore enacted by the General Assembly of the State of A'brth-Caroiina and it is hereby enacted by ?^'""^(vj'''*
the authority of the namr; That for and in consideiation of the expences the proprietors of shares suliscri- '^^^^
bed, or which may be hereafter subscribed according to the Diovisions of the said recited act, may incur,
notorly in cutting the said canals, erectii\g locks and performing other works necessary for this navigatioa,
but in maintaining and keeping the same ir» repair, the sail canals, locks and other works, with all their
pi- lit.s and appuitenaiiccs, shall be, an<J the same are hereby vested in the said proprietors, their heirs and
assigns, for aiid duriny the terra of nine hundred and ninety-nine vears, as tonatits iQcomtnon, in propor-
4F ■
293 1306. tion lo cheir respective shares . Pr-ov/iaZ, that the said company shall com naence their work within fi.v«
1 t years from the passinr? ol luis act, and shall complete the sume within twenty years thereafter.
Pirts of an act II. And be it further enacted by ths diUhmtu aforesaid That all such piirts of said recited act, all clauses
re-tnac.cd. and sections and parts of clauses and sections of the said recited act, as by their own Umitations and provi-
sions may now have become void or be expired, shall be,a nd they are hereby re-enacted and enforced, a&
fully, and in like manner and effect, as if they were her ein particularly setforth and repealed, substituting
uevertheless forthe first Monday in May next, mentioned in the second section of sdd recited act, thts
first Monday in May now next ; for the first Monday in May in the year one thous;»nd eifjht hundred and
six, the first Monday in May, in the year one thousand eight hundred and eight ; for the first Monday
of May next, mentioned in the ninth section of the said recited act, the first Monday of May now next :
and for the first Monday of November following, mentioned in the said ninth section, the first Monday oC
!No vernier nccy next ; and excepting also the first clause of the eleventh session of the said recited act,
whicli shall be, and i i hereby repealed.
111. And be ilfariher evaded and provided, That this act shall commence' and be in force from and al-
ter the.passing of a like ^ciby tlie General Assembly of Virgmia.
CHAf- 23. An act to reunite and ascertain the Pilotage Kvhich shall be allov/ed to the Pilots at Occacock Inlet and SivasheS'.
Rate of Piiot- l-l! E ^"^ encctfdl>ij the Genial JssembhJ of the State of Korth-Carolina and it is hereby enacted by the aiilharit^
age, X3 of the iarne,'ThM from and af^er the passing of this act, all branch pilots legally authorised by the
comnrlssionejs of either of the ports of Washington, Edenton or Newbern, to take charge of vessels tp
jLitep. 66.:68. bring in over Occacock bar, and over either of the Swashes shall be entitled to demand and receive of the
commander of surti vessel or vessels as they may have charge of, the following pilotage, to wit : for every
vessel or vessels of sixty <or.s burthen, from the outside of the bar, at any distance withhi the limits of pilot
R^^und to Becon l^Jand Road or Wallace's Channel, six dollars ; and for all vessels drawing eight feet water
and less than twelve feet, one dollar per foot ; ahd for all vessels drawing twelve feet or upwards, one dollar
and twenty five cents per foot, and two dollars for each vessel over either of the Swashes. And in all oth^v
casts the pilotage to remain the same as established by an act of the Gereral Assembly passed in the year
1794' any lavf, usage or custom to the contrary notwithstanding ; Provided always that no vessel le^s than
sixty tons burther shall be compelled to take a pilot.
Former acts jj jnd belt further enacted^ That all other acts and clauses of acts that come wi'jhin the meaning and
repealed, pvirview of this act, be, and the same is hereby repealed and made void.
CHAP. 8*. An Act to alter the iitne of holding' thesefiarate Elections heretofore established in the County of Buncombe, and
pranting OJie other separate Elecdotrlo the inhabitants of said county, also to alter the time of holding th.e
Courts of Pleas and Quarter Sessions in the Counties therein mentioned. The first fourth sections private.
C utts when V 4ndbe it further enacted, That the cou rts of pleas and quarter sessions for the several counties herein
heW. mentioned shall hereafter be held at the following periods, to wit. the county court of Brunswick, after the
fourth Monday in January next, on the first Monday in May, August, November and February, thence
next following, and on the first Monday in February, May, August and November in ea^^h and every year
thereafter : the county court of Bladen after the first Monday in March next, on the second Monday in May,
Auuubt, November and February then next foiiowing, and on the second Monday in February, May, August
V * 9 qo and November in each and every year thereafter : the county court of New-Hanover, after the first Mon.
'G9 186 49 dav in January next, on the third Monday of May, August, November and February, then next following.
Vol' 1.-S92 ' and on the third Monday of February, May, August and November, in each and every year thereafter ; and
the county court of Onslow, after the second Monday in April next, on the second Morday in March, Ju"c,
September and December then next following and on the second Monday of March, June, September and
December in each and every year thereafter. And all matters and things depending in said courts rtspec-
tivelv shall from the periods when they shall be first held after the passing of this act, be continued and
stand adjourned to the time herein fixed for holding said courts respectively.
VI And be it further enacted, That the county court of Richmond shall hereafter be held on the third
Monday of J:inuary, April, July and October in each and every year and all matters and (hin.^s depending
'n' said court shall be continued and adjourned, from the court which shall be held in said county after the
second Monday of March next, until the third Monday of April.
VII And be it further enacted^ That the county courts of plofts and quarter sessions for and in the county
of Person after the first Monday in March next, shall be held at the following times, to-wit : on the second
Monday i» May, August *nd Noyember, in the year one thousand eight hundred and seven, and on the se.
-<Jon(l Monday in Febmarv, May, Angust and Ntivember in each and every year iTiereafter. And al! mat- l80^. Hff^
tere and things pendinfj and undetermined in said court, which shall happen on the hrst Monday m March u-nrO
■next, shall be contiuusd and adjourned aniil the second Monday in May then next foU«wing.
jin jict declaring what gifts of Slaves shall he valid. CHAP. 119.
For tiie prevention of frauds : .
T>E if enacted h the Genera' Assembly of the State of J^orth-Carolina, and it is hereby enacted by the authority Gifr of stave*
Jj of the same, That no gift hereafter to be made of any slave or slaves, shall be good or ava)lable, either nv |o ^e in w/i.
' iaw or equity, unless the sarae shall be made in writing, signed by the donor, and attested by at leasi one 8'
credible subscribing T^itness i neither shall such gift be valid, unless the writing by which the title of any
slave or slaves is transferred shall be proven or acknowledged, as conveyances of land, and registered in ihe To be reg'sttr.
office of the Pubhc Register of the county where the donee resides, within one year after the execuUon ed.
thereef, if the donee be in the actual possession of tJie slave or slaves so given and transferred ; but it, un-
der any special airecment mads at the time i.f the gift, U e donor shall remain in possesijon of tlie slave or
slaves so given, tlien the writing transferring or conveying the same slave or slaves, shall be proven or ac-
knowledged as aforesaid, and registered within the same time, in the county where the donor resides. p,,.,„. „ .
II MdiTitfurther exacted, That on all trials, where any soch writing shall be introduced to support ^^^^^^ *'
the title of either party, the due and fair execution of such writing shall bs proved by a witness subscnb.ng P
snd attesting the execution ol such writing ; but if such witness shall be dead or removed outot the btatc,
then the probate oi- acknowledgment and registration of such writing, may be given m evidence.
III Jnd be it further enacted, That every person claiming title to any slave or slaves, by virtue of any 3 ./^ *"*"*
Darok eUt heretofore made, shall commence and prosecute his or her suit for the same, within three years
from the passing of this act, otherwise the same shall be forever barred : Provided, however, that if any
such person or persor-s be, at the time of passing this act, within the age of twenty one years, non compos
nientis, feme covert, imprisoned or beyond seas, such person or persons shall, within three years next af^r
full age, coming of sound mind, discoverture, enlargement out of prison, or return from beyond seas, com- slaves in po^.
mence and prosecute his or her suit for any such slave or slaves, claimed by torce of such parole g>", and .essio. or
not afterwards. Provided, that when any person shall have put into the actual poss;.ssion ot his or .hild or chji^^en co^.
Sd en?lnv slave or slave, and the said slave or slaves, shall remain in the possession of such ch. d or cm - ^^^^^^^l^'
iren at the lime of the death of such person, he or she dying intestate, such slave or s ave. s vUl be con= - vancemenu.
<lered as an advancement to such child or children, and be regulated by the laws now in to: CC iCl iung to ad-
■vancements made to children by a parent in his lifetime. , t .i. c_„* 1 Act. when t«
lY^Jud be it further e^iScted' That this act sliall commence and be in force from and after the first day ^'l*;; ™ *•
•f April next.
•mmm-)^ ® * —
THE TITLES OF THE PRIVATE ACTS.
22 An actto facilitate the Navigation ofthe Wagga- passage of Fish up^the ^^^^J^J'^^^^^^^
maw river, from the Waggamaw lake to Jo- State, so far as respects the uver Feedee.
LTHilirianding/ 29 An act to establish an Academy in Robeson
S4 An act to incorporate a company for the improve. County. .-.i j u »„ ,^f t« «♦«
ment of thi navigation of Trent Riverinthe 30 An act to amend an ^<^, 7»"1^^ " ^" ^'^^ °^^*;;
rmint V of Jones blish a Seminary of Learning .in the town ot
25 An Sto^revive and continue in force an act, en- Fayetteville, and toameml the law for the re-
^' ^ tlttec'" An act to m*e Cross Creek naviga, gulation c^tbe towns of Fayetteville and Hills-
ble," passed at a General As'iembly begun borough." ^™.^*„ «f
andhekl at Fayetteville, on the first day of 31 An act to establish an Academy in the co.mty of
XTovprnher 17*)0 Ruthcrford.
56 An fct" amend an ;ct. entitled •' An act forim- 32 An actto lay of -/o- an^ -tabl.h an Acade-
proving the navigation of Rockfish creek and my on the lands of Robert Fields, m Rowan
Little River, in Cumberland county." pas- county. .
s d n the year eighteen hundred and five. S3 An act for the promotion of Learning and scienti-
%7 An et o « gvLte the River Yeopin.. as far as fie Knowledge in the county of Pe7"n>o"«;
• iSplcts Fi.hene3, and to pi' vent imposi- ... An act ^» ^^^^^l^ ^^V^;^ "'"'«^-
. ; 3t An act relative to the Raleigh Academy.
ti An act to amend the sevev.l luvs heretofore pas- 35 An act dividing the city of «"';'^,';. 'I'^^^^^;!^
tA relative to ti C nicUl u obslniclions to Uie wurds. and to amend sn :vci, entitled An a.t
Ml «iaU>t: to nx n.cA a j, oo:,_ w. m ^^^ ^^^ govcrument of the the citj of Ralelgf^
and fof repealing aH IbrmeP' acts passed for
this purpose,"
37 An act for the further repjulation of the towns of
"SMlmington and Newbern.
38 An act to exerrpt from the payment of taxes all
lits in the town of Wilmington, on which ll>e
biiildirgs were destroyed by a fire in the
month of P'tbriiary last.
S9 An act concerning the town of Fayetteville.
40 An act concerning Diy&borough.
41 An f.et to empower the commissioners cf the
town of Warrenton to sell certain parts of the
public ground, or parts cf streets which havo
been encroached upon by improvements.
42 An act to appoint Goramissioncrsfor the town of
Kinston in Lenoir county, and for other pur-
poses therein mentioned. *
43 An act to inebrporate the town of Coacord, in the
county of Cabarrus.
44 An act to repeal the faurth section of an act, pas-
sed in the year of our Lord one thousand se-
ven hundred andseventy-ihrce, and for the
better regulation ofElizabelhTown, in Rladen
County.
45 An apt -for the better regulation of the town of
Averasborough in the county of Cumberland.
46 An act to establish a town at Northaraptoix Court-
hoHKe.
47 A^n act for the better regulation of the town of
Swansborough, in the county of Onslow
4S An act to alter ihe name of the town of Carthage,
in Moore county, to that of Fagansvijle.
49 An act to amend the several laws now in force
for 'he regulation of tl e town of Lmcclnton.
50 An act directing the sale of public lands adjoia-
ing the tovm of Smithville.
51 An ^ct to appdint commissioners to lay off and
estubhih the dividing lines between the coun-
ties of Carteret and Craven.
52 An act appointing the com.missioners to run out
and establish the boundary line between Du-
pliii and Wayne counties.
53 A.n act appointing commissioners to run and es-
tablish the boundary 4ine between Wake and
Franklin counties.
3i An act to incovpoi-Kte a company for the purpose
of drainir.ffi ar.d im.proving an extensive body
of Swamp-Lands belonp,:ing to John Gray
Blount pj-td others, lying and being in the
county of Hyde.
:S.5 x\n act to aushorise suadry persons, therein nam-
ed to rais.e by w,\y of lottery the sum of o:>e
thousai.d dollars, for tlie puVpose of finishiij';
.and coi^i-leting the road from ilatamusfceet
Lake to ili« court- house in Germa'nton.
a5 An act to e'stab'.ish two Turnicnke Roads in the
western part otvf this State.
57 An act to autborlsa certain commmi^isianers
therein named to raise, by s7ay of lottery, a
sum of money to budd a bridge across I'as-
quotank River.
66 Aa act to amehtl the first section of an act passed
at Rafetgh in the year 1305, v/hich makes
provision for the payment cf witnesses atten-
ding the ci'^onty court of Carteret.
$9 An act to amend an act passed in the year 1799,
entitled " Aa act for appointing commission-
ers to fix on a proper place in the county of
Wilkes, and to erec t thereon a o»urt-hou5e,
prison and stocks, and for other |>urposes re-
lative to the said county of \V?lkes."
60 An act providing for the relief, support and em-
ployment of the poor of Ncw^IIanover county.
61 An act to provide tor the building a new court
house, prison and stocks in the county o-
Lincoln.
62 An act to empower the county court of Tyrrel to
lay a tax for the purpose of building a bridge
across Scuppernong River.
63 An act to empower the Wardens of the Poor fop
the counties of Gates and Currituck to lay aii
additional tax for the support, cfthePooroC
said counties.
64 An act to establish the mode of Elections in the
county of Carteret.
65 An act to establish the mode of Elections in fu-
ture in the county of Guilford.
65 An act to regulate the Elections in future
W'ayne county.
67 An act to establish the ir>cde of holding Elections
in future in the Sounty of Wake.
68 An act to e=.tablis!i ihe mode of Elections in the
county of Onslow.
63 An act to amend an act passed in the year one
thousand eight hundred and four, entitled "An
act to establish the mode of Elections in fu-
ture in the county of Sampson."
70 An act to esti-blish the mode of Elections in fu-
ture in the county of Johnston.
71 An act to establish the mode of Elections in future
in the county cf Rockingham.
72 An Act directing the mode of condi7cting elec-
tions in future in the county of Edgecom'tx
73 An Act to amend the acts of the General Asscm*
biy heretofore, passed, granting to ll^e inha-
bitants of the county of Linctln, the privilege
of a separate Election a'ld general MUster.
74 An; act to amend a^ act, entit'ed " An act granting
to the inhabitants of WHIkes county, the pri-
vilege of stparate Elections."
75 An act to establish two separate Elections in the
county of Hyde, and to remove the election
now htld at Panccgo creek, to the Log-houre
landing.
•76 Anact'lo tEtfblish a separate felection in tli*
. town of Allenton, in the county of i'>Iontgome-
'7f An act to amend the several acts of the Geieral
Assembly granting to the inhabitants of Stokes
county the privilege of separate Elections.
To An act establishing a separate Election at the
bring into this iSlate 'a Certain nutnber of Ne- 1806,801
groes. s^ ^ .^
97 An act to repe?I an act passed the last session of
Assembly, entitled " An act to compel th^
Register j<id Entry-taker of the county of
'• Hyde to hold their offices at, or within four
miles of the court-house of saul county.'
house of Christian Luther, in the county of** 98 An act to prevent the hauling of Scnis over tliir-
Randolpl
75 An act granting to the Inhabitants of the north
west corner of Stokes county the privilege of
a separate Election.
80 An act to establish a separate Election in the
county of Bladen, and for other purposes
therein mentioned, and to amend the act res-
pecting Elections in the caunty of Brunswick.
El An act to alter the time of holding the separate
Elections in the county of MoorCi and to es-
tablish one other separate Election in said
county.
82 An act to hold a separate Election in Burke couir-
ty.
83 An act altering the place of holding the Election
for a Representative in the town of Fayette-
ville. ^
86 An act to alter the place of holding a separate
Election in the county of Duplin.
86 An act to alter the places of holding two separate
Election^ in the county of Tyrrell.
87 An act to alter the time of holditig the lower sepa-
rate Election in the county of Orange.
88 An act to alter the place of holding one of the se-
parate Elections in the county of Cuiituck,
and to establish two other separate Elections
in the said county. %
89 An act directing where tbe lower separate Elec-
tion in the county of Ashe shall be holden in
future.
90 An act to alter the place of holding one of the se-
parate Elections in the county of Chatham.
91 An act to alter the place of holding the upper E-
lection in the county of Burke, and for other
purposes.
9t An act for the relief of sundry inhabitants of the
county of Rowan, residing within the limits of
Captain Tacker's 'militia district.
93 An act to alter one of the places of holding sepa-
rate Elections and battalion Musters in the
county of Craven.
84 An act to amend an act passed in the year 1805,
establishing three regiinents in the county of
Buncombe.
95 An act to authorise Francis Briols, of the Island
of Guadaloupe, to bring into this State certain
Negroes therein mentioned.
96 An act to authorise Richard Boyd, of the Coun-
ty of Mecklenburg and State of Virginia, to-
4 Q
ty-five meshes deep below Sfifced's Feriy on
New-River.
99 An act declaring what psnalty shall be inflicted
against those who shall hereafter damage or
leave open the Float-Bridge on Rider's Cre?k,
in the county of Tyrrel.
100 An act to authorise Ebenezer Petegrevv to erect
a draw-bridge across Scuppernong River, on
the new road leading to the mill on Lake
Phelps, at the landing of Dempsey Spruil in
Washingtda county.
101 An act granting to James Davis, of Stokes
county, the privilege of exlendiiig his mill-
dam across Dan River.
102 An act to compel the owners of Public Mills in
the counties of Onslow and Carteret to keep
standard measures.
103 An act to prevent frauds and impositions of
Millers in the district of Edentoii.
104 An act to divorce Elizabeth Fabre from her hus-
band Peter Fabre, Junior.
105 An act to divorce Winifred Manning from her
husband Eli Manning.
106 An act to alter the Names of the Persons there-
in mentioned, and to legitimate a part there-
of,
lor An act to secure to che Persons therein mention-
ed such Property as they now have, or may
hereafter acquire. ^^
108 An act to secure to the Persons therein mention-
ed such Property as they may hereafter ac-
quire.
109 An act to secure to Mary Eller, of Buncombe
county, wife of Jacob Ellc sucii property as
she now has, or hereafter may acquire.
110 An act to secure to Jane Redding of Bladen
county, and Mary Seats of Iredell county,
such property as they mav hereafter acquire.
3 1 1 An act to secrfre to Lucretia D wis such property
as she shall hereafter acquire, and for other
purposes therein mentioned.
112 An act to secure to Delilah Murray of Green
coimty, and Lydia Dodd of Raleigh, sucix
property as they now have, or may hereafter
acquire.
113 An act to secure Lytfia Hughes in the ri^ht and
possession of certain property, and also such
as she may hereafter acquire.
114 An act o secure to Elizabeth Murray all such
^y^^^^^P^.
■iStJS 1806- property a« sTie may hereafter acquire «nd
^ y^ also to secure lier husband Samuel Murrayi
jun. against all future demands of her the
said Elizabeth.
Its An act to legitimate Evelina Williams, of Ru-
therford county
lYe An act to restore to credit William Cox of the
bounty of Moore, Hugh iCer of the cfluhlf
of Rutherford, and Absalom i'ord of the
tounty of Granville.
117 An act to restore to credit Zacheus Boolhe cf
Anson county.
1 1 8 An act to restore to credit Jacob Tice of Martin *
county.
£md three times in General Jsfiembly and rati/ied, December 19, 1806.
Copy. Wh.l, WaixE; Sec,
JO. RIDDICK, Sfi. Senate.
JOHN MOORE, Siu H< Commom*
AtaGliNERAL ASSEMBLY, begun and held at Raleigh, on 'Vionday the bevjavt^
Sixteenth day of November, in the Year of our Lord One 1 housand
Eight Hundred and Seven, and in the Thitty-Second Year ot the Inde-
pendence of the State.
Vi n.r.lAM":
r-q. Gover-
nor.
^n act to amend an act, entitled, " An act for the more uniform and convenient administration of ju<;tice chap. I.
within this State," a7id one other act supplementary thereto, passed -the last session of the General J.tsembly.
WHEREAS the mode pointed out by the first Section of the act aijiendatory to the above mentioned Ante 273.2TS.
act, of selecting jurors from the tax returns, isoflen attended with-great injury to the administration
of justice :
£E it there/ore enacted by the Gcner.il Jssemhly of the State qfJVbrth'Carolina, and it is- hereby enacted by the Minner of ap.
authority of the same, That it shall be the duty ofthe Justicesof the severa! County Courts within this State, i'°'""'-gj"ro"'
in the appointment of Jurors, to select and chuse such only as are well qualified to discharge the important
trust and duty of Jurors.
IF, ^nd be it further enacted. That the Justices ofthe several County Courts v/ithin this State, at their Lins examln.
sessions which may next happen after the passing of this act, are hereby required carefully to examine the «d»
jury lists already made out, and diligently enquire if any persons qualified to be Jurors as above-mentioned,^
are omitted, and "whether any persons, not qualified to be jurors as above-mentioned, have been inserted ;
and if they find that any have been omitted, they shall add them to the jury list to be .Irawn as directed by
the said act, and if they find that any have been inserted no\ possessing the requisite qualifications, they
shall direct the name ef such person to be stricken out from the jury list ; and to obtain full information on
this subject, the said Courts may examine the Sheriffs, Clerks, or any other persons, on oath or affirma-
tion,
III. jivd 6e ii fkirther enacted. That the jury list so as aforesaid made up by the several County Courts in. L'sts made for
this State, shall exist for the space of two yeafs in- its operation, instead of three years, as prescribed by tlie two years,
said act.
IV. jind be it further enacted, That the several Superior Courts within this State shall hereafter have Superior courts
concurrent jurisdiction with the several County Courts within their respective Counties, of all pleas and concurrent ju-
prosecutions of the Sta^e, and of all actions of slander, with full power and authority to pass thereon every, "■•sdiction-
p.roper judgment, sentence or decree, and to issue all necessary process to carry the same into complete
effect.
An act to amend an act., entitled «' An act to amend an act pasfied- atH-illsborough in the year one thou- chat. 2.
sand seven hundred and eighty two, for establishing courts of equity, and to regulate proceedings in ■^'"'^ ^'^-•
appeals from the Courts of Pleas and Quarter Sessions to the Superior Courts of law."
BE it enacted by the General Assembly of the State of A''orth- Carolina, and it is hereby enacted by the au. Manner ofcnn-
thority of the some. That when any defendant or defendants in any action of debt, covenant or assump- ductirg appeals*
sit, shall appeal from the judgement of any Court of Pleas and Quarter Sessions. to a Superior Court, and
shall not, upon the trial of sueh appeal, diminish the sum recovered, by the plaintiff or plaintiffs in the
Courts of Pleas and Quarter.Sessions, it shall and may be lawful for the said- Superior Court (if it appear
that the appeal was taken for the purpose of delay) to give judgment in behalf of the plaintiff or plaintiffs,
not only for the amount the verdict rendered in said court, but also for a sum in atklition thereto, not ex-
ceeding four per centum per annum, on the principal sum recovered, from the time of the judgment in the
inferior Court, to the time of entering up the same in the Superior Court ; which addilional sum shall be
considered as-, a penalty, and shall not draw interest irt cases where interest is allowed on judgments.
II; Jndbe it further cnactfd. 'I'hat when any plaintiff or plaintiffs shall appeal from the .judgment of any. Costs
Court of Pleas and Quarter Sessions to a Superior Court, and shall not recover in said Superior Court a
greater sum thun that recovered in the Court of Pleas and Quarter Sessions, independently of the interest
accrued since the former judgment, he, she or they shall nqt recoi^er the cost of the appeal, but shall be lia-
ble, at the discretion ofthe Superior Court, to pay the same.
III. Jnd be it furtlrer enacted, Tliat all acts and clauses ofacts that come withia the purview and mean-
ing ol this act, be ar,d the same Is hereby repealed.
4 H
.1 . ,
sot 1807. jIn aB to authorize the Treasurer y In the name af the State <f North Garshna^ to su't^erihe in the Barikt "^
*-'"'-' Cape- Fear and Newkern, for the number of shares^ which the State hat reserved the right of subscribing
cHAf- 3. fortin each of the said Banks.
Treasurer to "W. ^ '* ('"acted by the General Jssemhty of the State (^ J^griTi'CaroHnat and it ia hereby enacted'hj the authority
*jo»cr.be. ^3?/'^^ ^ams^ That the Public Treasurer be, and he is hereby authorized to subscribe v^ either or botk
ot Said Banks, at such time as he shall deem it tixpedient, and he and the Directors of Sfkid lianks, or either
cf them, sl^all agree on, for two hiindried and fifty shares of Bank Stock, on the foUowing terms and condi-
tions, to wit : That he pay at the time of subscribing, out of any monies of the currency of the State in the;
Public Treasury, one third of the amount of said shares ; that he pa-yatthe expiration of twelve months
thereafter one other third of the said amount, and at the expiration of twelve months after the payment of
the last mentioned thiid, the remaining third and full amount of said shares ; and that for th- deferred pay-
mcnlb he pay an interest at the rate of four per centum per annum, from the time of subscribing : Provided
iiowever, thai after paying the last instalment to either of the afores-aid Jianks, the Treasurer shall be au-
tiiorizcd to borrow therefrom the amount of the said instalments from time to time, on the tei ms on which
loans are made therein, until the dividends received be sufficient to pay offthe sum borrowed.
II. Jnd be it further enacted by the authority aforesaid^ That the Ticasurer, together with the Comptrol-
ler and Secretary, or any two of them, be authorised and empowered t« appoint three additional Directors
of each or both of tlie Bani;s, in which subscriptions shall be made as aforesaid, and the Directors for ejicU
or eitlur of said Banks so appointed, shall possess the same qualifications, have the same power, and be
subject toth« same rules, regulations and restrictions as tlie oilier Directors, which shall be chosen by the
StockhoJ<leis.
III. Jnd be it frtrther enacted, That in case the Directors of said Banks respectively, or either of them,
aVihe ^Tiea'^u- *'^^" ^'^^'^1'^ of the above stated terms, and the subscriptions shall be made by the Trcaburer for the number
,y, ' of shares first above stated, then and in that case the Bank-Notes of the Bank or Banks in which the said,
suhscviplions shall be made, shall be, and are hereby declared to be rcceiveable in payment of all public dues
and at the public treasury.
IV. .indbe it further enac/ed, That it shall be lawlul for the Piesident and Directors of each of the ?i-
'''^. foresaid Banks to -establish offices ofdiscount, or offices of discount and deposit, at otlier places than the
to vvns wherein the said Banks are fixed, or where, by tlieir respective charters , b; anche-s may be established;
provided that i.ot more than two such offices, other than aforesaid. shaU be established and Uept in existence
by t-ither oftlie Banks at fie same time, and that the management of such offi-.'es be committed to such
persons, and under such agreements, and subject to such regulations as the Presideiit and Directors res-
pectively rnayceem proper, not contrary to the Constitution of this Stale, or of the United States, or of
the aforesaid Corporations. Provided also, that no office ofdiscount, or ofdiscount and deptisit, shall be es-
tablished by either of the said banks, unless they accede :o tlie terms pf subacnpiion proposed by this act
on the paifof the StBte.
V. Be il further enacted, That the said Banks, in consequence of any subscription by the Treasurer in be-
Adcliilonal half of the State, shall have-power to issue -notes only in the sa^iie ratio ■&'=. that established by their respec-
noies- live charters, that is to say, in the ratio of three for one, on the amount of its capital »tock actually subscri-
bed and paid for, over and above the monies deposited for safe keeping*
CHAP. 4. ^n act ij rrpeal an act, entitled •'« An act to repeal all la^'s and clauses of laws heretefore passed, author-
.dnie, 260. jzing the Secretary of State to issueland warrants for military services," />3X/<'i/ in 1805.
BE it enacted by the General Jesembhj of the State o^ Mjrih-Carolina, and it in lu-reOy cnac.ed by the author!'
ut of the same, That the said act be and tlie same is hereby repealed and made void to all intents and
puiposes.
Ml t*ty 'and - II, Andbeitjufthe.r enacted by the authority aforesaid, Thfit hereafter no military bnd warrants shall »s-
>6iirranis. .,^,^,g j..^,^ yn^jer the authority of t!.e General Assembly, declared by r«so!iition empowering the Secreiar/of
j Stale to issue such warrant, unless the person m whose name application is m-ule for such niiliiary warrant
- appears on the muiter rolls, ami tol^e fairly entitled to such warrant ; in which case the Secretary of State
-uiivy issue a warrant wiihout a itsoluiinn. as he-fore meuUoiied.
HI. ^Ind^ba-it Jurther enacted -by the uuihoriii) aforesaid, That tills act shall be in force from atitl afteriUi
pns^ing,
l^-^*^i ^'9 -^*'*<^^ fo tfmvnd an act, entitled*' A.n act directing the motie of prrtceec'lng against the wa! estate 'of dp-
^^" ,' 'Ceased debtors, Avhere the pertonal estate is insufficient for the paymeirt of the debts,'*
^^z^^rZ^^ 'O^ '^ /V-t-nacicc/Sy the Geutral Jssembly of the State of Mortli- Carolina, and it is hereby enacted by the authori-
eKcuwrs .. ,}-*x 'xs tami, Thct i& all suits where executors or administraiorsof.any deceasfcd.pe«»on shallomit ta
'directors.
Uotcs received
pIcadTulIy administeredt no assets, or not sunicie,nt assets to satisfy the plaintiff's demand, or where they 1807, 3fi^
shall plead the said pleas, or any of them, and ihe same shall be found ai>;ainsi such executors or adminis- v^-^^-^
t' atom's- tt'>d they shall be, or afterwauls become insolvent, so that the cretlitor cannot procure satisfaction for
his demand, such creditor shall and may have the same remedy againsc the real estate of such deceased
debtorin the buqds of the heirs or devi^,ees, and the same process as is provided by tha aforesaid act ; and
if judii'ment be rendered agiiinfcl the l.ciis or devisees, or any of them, execution shall and may issue against
the real estate of the deceased debttr in the hands of such heirs or devisees : Provided, that no creditor
shall he entitled to- the rcmtdy aforesaid against the heir or devisee, who shall be p^uilty of any negligence
or collusion in prosecuting his suit, whereby the executor or administrator sliall become insolvent, to the
detriment of the heir or devisee, which negligence or c ollusion such heir or devisee may shew on an issue
joined under the direction pf the cou! t btfore whom the trial shall he had.
II, And be it further enacted by thf uuthqrilij aforesaid. That when any heir or devisee of real estate against If heirtransfef*
•whom judgment may pass, shall transfer or ^lien the same, such heirs or devisees sh"^!! be liable to the re-l piope.t/^ *
creditors in their proper estate to the value of such estate so transferred or aliened, which value shall be liable. '
j^scertained by the jniy impannelled to try the issues joined on the proceedings between the said parties, and
ejcecution shall and mav issue accord ir.gly.
JII. And be it further enacted by the au'hority afqrenaid, That when any creditor of a tleceased person Judgment a.
cjaims to have judgment against the real es'ate of such debtor in the hands of the heirs or /'evisees, by rea- gainst real es-
Bon xif the executors or administrators failing to plead the pleas aforesaid, or on account of the insolvency i^te.
of the executors or admini.itrators as herein before mentioned, the heirs or devisees of such deceased debt
or§ shall and may be pe'milted to shew, as heretofore, that the executors or administrators havaassels, and
on a,n issue between them and the c leditoi, that the executor or administrator are not insolvent, but have
property sufficient to pay part pr the whqle of the debt demanded, and costs ; and if both the said issues
shall be iound in ^vhole, or in p»it, for the heirs or devisees, judgment shall be rendered accordiogly, other
wise for the creditor.
IV. And be it furtlier enacted by the authority aforexaid, That nothing hcrei'i contained shall be construed Former act«
to repeal the aforestiiil act, or any part thereof, this act being intended only to extend the remedy provi-
ded by said atl for creditors agidnst the real e<>tate of their deceased debtors ; not shall the provisions con-
tained in this act affett the remedy which any creditor has, or may have in equity, against the real estate
cf any deceased debtor, or in any manner change the rules of decisioii in equity in any such case.
An act to expedite the organization of the quota of Militia required from t^it State bj> the General Govern* cha?. 6«^
tnent, and t0 provide for the uni crmity and dispatch in muJetngand reaiving returns in Juiure^ and to amend
the taxvf ftoiu in /orce relative to the Militia,
HEREA'S inspection returns and muster rolls of that part of the Militia which is to constitute the
quota to be furnished l>y this State, as part of the detachment of the Militia of the United St'atcs, Ante 285,
' auttioriztd to be raised by an act of Congress, dated the twenty-fourfh day of February, one thousand eight
hundred and seven, have iio^ been made by all theofiicers required so to do :
Be it enacted by the Gtne-alAesembhjofthe Slate of J^orth-CaroUna^ayid it is hereby enacted by the authori-
ty of the name, That if any captain or commanding officer of a troop pr company neglects to make just and *"* *'*••
-true^ returns with a muster-roll, sis required by the proper officer or officers, of his quota of any detach-
ment now ordered or hereafter to be ordered, more than sixty days after the rising of the present General
As:embly, or within sixty days, in future, after he receives orders for the same, he shall, upon conviclion
thereof before a court-martial, forfeit and pay the sum often pounds ; that if any lieutenant-colonel or
commanding officer cf a regiment fail or neglect to make such returns and muster-rolls, when thus re-
quired, within ninety days after the rising of the present General Assembly, or ninety days after receiving
orders for returns on any future requisition, be shah, on conviction thereof before a court-martial, forfeit
and pay the sum of twenty pounds ; that if any brigadier shall, in like manner, fail to make such return
within one hundred and twenty days after the rising of the present General Assembly, or one hundred and
tv/enty dius after receiving orders for returns on any future requisition, he shall, on similar conviclion, for-
feit and pay the sum of thirty jwiinds ; that in case any major general shall in like manner, fail to make
such returns within one hundred and fifty days after the rising of the present General Assembly, or one
hundred and fifty davo after receiving oiders for returns on any future requisition, he shall, on similar con-
viction, forfeit and p.<y the sum of forty pounds. And it is hereby declared to be the duty of every officer
■to whom returns ought to be made, to order courts- martial within ten days after such failure is known to
him, under double the penalty which would have been forfeited in case of conviction of the neglecting of-
ficer, to be recovered by orosecuiion before a court-martial, or by any person suing for the same, ijelore any
jurisdiction having cognizance tiiereof ; and for the second ofFtace ot any ofncer failing to order or to make
306 1807. cletRcliment returns, or to order courts-martial as above required, he shall be tried by a competent coairt-
V — y— ^ msrtial and be cashiered.
Expresses, II. And he it further enacted by the attthority aforesaid, That in case any officer fails to make the pvoper
return of his quota of the present detachment, within the times herein specified for his performing the
same, after the rising of the present General Assembly, the officer to whom such return ought to be made
is hereby authorised and required to hire an express and send to said defaulter, who shall defray the hire"
or expence of such express, the amount of which to be certified by the person sending him ; and if the of-
ficer to whom such express is sent refuses to pay the said hire, immediate recovery shall be had by appli- .
cation to any Justice of the Peace or jurisdiction having cognizance thereof, who is empowered antl requi-
red to give judgment and grant extcution, without allowing appeal or stay of execution ; and any proper:
officer is bound, oh application to take alljawful ways and means to raise the money without delay.
III. And be it further enactedby the authority aforesaid. That if no immediate opportunity offiir for for-
How orders -warding orders or returns, the certainty of which ensures a speedy delivery thereof, which can be easily
sre to tre for. ascertained and proved, that then it shall be the duty of the officer issuing the orders to lodge the sime
lorwa d, properly directed, in the Post-OfiJce, marked on the bac/," public service," under which he shall write the
name of himself and office ; and in case of proof being made that any officer knew there was a letter'
so directed to him in the Post-Office, and he refused or neglected to take out the same within ten days, or
declined to pay the postage, such officer shall be deemed unworthy of his commission, and be cashiered by
a court-martial to be ordered without delay for the purpose of trying him ; the proceeding of which court-
martial shall be published in the State Gazette.
Certain rfficers IV. And be it further enacted. That no officer who has voluntarily tendered his military services to the
to keep their detachment of the Militia now under requisition, or who shall hereafter offer as a volunteer to serve ia.
rank &c, ^^^ detachment ordered out under the laws or constitution of the United States, shaH by such offer, or any;
service in con sequence thereof, foifeit his commission or lose his rank in any troop, company, regiment,,
brigade, divisi<?n or Militia department of this State, to which he belonged or commanded, except those
who have riseil to a higher grade.
Acftohrve°f V. .4?z(/ 6ei//«r?/^fr e«ac?ed, That this act shall be in force from and immediately after the passing;
fert immfdi. thereof. . , ^
atdv. VI. And he it further enacted, That so much of the laws now in force as require the Governor to ap-
/(djutant G«n- point an Adjutant-General from among the major or brigadier-generals, be and thesame is hereby tepeal-
eral, ^^ . ^nd hereafter the Governor may appoint any suitable person, beiiig a citizen of this State to be adju-
tant-general, who shall take rank as a brigadier-general in the Militia of this State ; and the said adjutant.
g^eneral shall be allowed annually by the public treasHrer alt necessarv expences incurred in the discharge
of the duties imposed on him by law, which expences shall be stated and-eeitified by the said ad}utant-gt:-
neral to the said public treasurer, and be by him paid accordingly.
CHAP', y An act to raise a Revenue for the payment of the Civil List and C ontingrnt Charges of Governtntnt for t'l
yea r one thousand eight hundred ande^ht-,
\ ^ \ ' B-^ ^' ^'' eiiaetcd by the General Assembly of the State of JK'orth-Carolina, and it is hereby enacted by the au*
nro'e!\v and Xj^ thority of the t,aine, That for the year one thousand eight hundred and eight, a tax of tight pence on
polls/ every hundred acres of land within this State, and a tax of two shillings on every hundred pounds value of
town lots with their iinprovementSj as well on tliose not established by acts of Assembly, as on those tnat
Have been so established, and a tax of two shillings on every poll, shall be levied, collected and accounted
for in the same fanner as such (axes have heretofore been levied, collected 'i.nd accounted for.
II. Zff?/< /?»'/72treHae/ef/, That a tax on all stud-horses and jack-asses within this State, of the fill! sum
wliich the owner or keeper of such stud-hoise or jack-ass shall ask, demand or receive for the season of one
vvh r-ctto ''"^'''^' shall be levied and collected as above.
oil lax"."' ^'^' And be it farther enuctKd, That all free males between the ages of twenty^one. and fifty, and all
^ * slaves between the ages of'twehe and fifty years, shall be subject to a poll-tax : Provided, lliat all slaves
be listed in the county wherein tiiey reside, and the tax shall be collected accordingly.
IV. And be it further enacted; That each and every person vrbo shall hereafter peddle or Hawk goods in
Taix on ptd- g„y. ^f ^^^^ counties of thisStaie, shall ni'st obtain a licence from the clerk of some county of this State un-
*'*■ der his seal of office ; and the person so pedling or hawking shii'il pay the clerk before obtaining said li-
/ cence, the sum of ten pounds to the use of the State, to be accounted for by the clerk in the same manner
as tax fees are accounted lor ; and any li'enqe so obtained shall authorise said pedlar- to peddle and hawk
goods in any and every county in this Slate for the term of one year ; and if any person shall peddle or
liawk goods ill ;iny county of this State without licence, he shall foit..it and pay the sum of thirty pounds,
to be recovered by the sheiifl" or any other person of the county in which i»c shall so peddle, before any
On stud horses
and a ses.
f ustice of the Peace in the name of the Governor, one Tialfto the use ofthe said Sheriff or other person, 180T. 307
and the other half to the use of the State. k^-^-^j
V. ^nd be it further enacted. That all merchants, either wholesale or retail, shall pay a tax- of fifty sh.il- On swits,
lingi on each and every store in this State, at which they shall sell any snoods, w.ires or merchandize to
the amount of two hundred dollars in any one year ; and all merchants ov owners of stores as aforesaid sliidl
give in his, her or their store or stores,as the case may be, with the list of tlieir taxable pro[-)erty, undsr
the same rules and regulations th^it other taxable property is given in ; which said tax shall be jevied, coJ"
lected and accounted for in the same manner as othfir taxes.
VI. jind be it jurther enacted, Tliat every person who s.hall come into this State on board any vessel, with On goods out
goods and merchandize on board thereof, which shall not be subject to the payment of duties imposed by vessels.
the laws of the United States, and retail thei -out said g<iod3 or merchandize, shall pay ten pounds, lu be
collected by the sheriff ofthe county wherein such vessel may be anchored, and by him accounted for l:j
the same manner as other taxes are by this act directed.
VII. Jvd be it further eimctcd. That the sheriffs ofthe several counties within this State shall be, and Sheriff'a duty,
are hereby authorized and directed to collect the taxes her^^in imposed on ves.sels arriving in any ofthe
ports of this State, as soon as the said vessel shall break bulk for the purpose of ret liling goods thereout ;
and ilie said sheriff shaU also immediately pre ceed to collect the tax on all stores by this act directed, from
all ptrsoiiS who shall or may be considered as transient merchants.
\'UI --^I'd be it further enacted, That no sinking fund tax shall be col'ected for the year one thousand Nosinkingtar,
eight huhd:i-d and eight.
An act to ratiff the Conventhn hetiveen this State and Georgia, chap. 8
Here AS the Stafes cf Georgia and North Carolina, by their respective Commissioners duly an-
ihorist d for thut pu: pose, did on the eighteenth day of June, in the year of our Lord one thousand
eight hundred and seven, at Buncombe court-house, enter into Articles of Conventional Agreement, as
follow :
Akticlr I. It is mutually agreed and admitted, the territories ofthe said States of Georgin and North- First Art'cles.,
Carolina, as far as tliey adjoin each other, are, and of rii-ht ought to be, separated and bounded by the
thirty-fifth degree of North Latitude ; and for the purpose of preventing in future all manner cf dissen-
tions concerning jurisdiction, the underwritten Commissioners will proceed forthwith to ascertain the said
thirty-fifth degree cf North Latitude, and to run and mark the line accordingly ; which line, when ascer-
tained and completed, with joint concurrence, shall forever after be legarded as the line of separation and
boL'Ddary between tlie two Slates.
Article IE The Commissioners on the part of Georgia do not consider their powers competent to en-
ter itito any stipulations which v/ould bind the Government of the said State to confirm entries or grants fur
land heretofore made or obtained under the authority ofthe State of North-Carolina, whichland, onlhe run-
ning ofthe line, may be found to be within the State of Georgia ; but, impressed with the justice of a cer-
tain proportion of the said claims, and the peculiar circumstances which entitle them to consideration,
the siii'J Commissioners promise and agree to recommend them in a special manner to the iib:fraiity of their
Government, not doubling but that the Legislatuie thereof will, by law, provide for the confinnaciqn and
establishment of the said titles, in a manner which will afford a satisfactory and adequate relief. And to
this end, the said commissioners will recommend the estabhshment of an iiT»f)artial tribunal for the special
purpose of enquiring into and ascertaining the various descriptions of such claims, and of determining on
eacli according to their respective merits, and as reason awd equity may require ; which tribunal the
said Commissioners will also recommend to be composed of three persons to be appointed and paia by ear.h
State, but they sliall convene and hold their meetings in the State of Georgia, and tl^eir decisions shall hi
conclusive.
Ahticie III. There having been great dissentions betv/een the people resident in the neighbouring
counties of Buncombe and Walton, and the said dissentions having produced many riots, routs, affrays,
assaults, batteries, trespasses, woundings and imprisonments, as well on the one side as on the other, and
it being of primary importance that peace and tranquility siiould Ije restored, and all animosity and iil-will
forever buried between t!ie ptople who, from their local situations, will, in all pioability, be constrained to
continue in the vicinity of each other ; and as the several outrages committed on both sides proceeded
more [as the undersigned are impressed] from a mistaken zeal to support the Government to which they
thought theifiselves consiiiutionally bound, than from a wish to injure their neighbours or disturb the pub-
lic peace, the undersigned agree to recommend, in the most earnest manner, to the l-eeislature of their
respective States, to p?Es laws of amnesty, forgiveness and oblivion for all such offences (under the degree
of capital) as may have betii committed whi'.in the said counties of Buncombe and Walton, resoectivdyj
subsequent to the tenth of December, in the year 1803, and which shall have arisen from, and had relation
to the disputes which existed concernij)* the jurisdiction of the t-<vo Slates.
A, I
30« 1807. And whereas the rpmtnlssiontrs, •with IHce aiitlforhy, did, 6b t1ie 27th day ot June, uv the year aforesaM,
w— Y~J al Doutharti's Gap, enter into Articles in addition and supplementary to the Convention agreed on between
Stijplemeiita:y the CommisHoiiers of Georgia and North-Carolina, at Buncombe courth-house, on the ISiii day of June,
CAes. in (j,g year aforesaid, "which Articles are as ful'ow i
The Comniissioiiers of the States of Gtorgia and North-Carolina having di^covercl, by^epeated astro-
romical observations made on the Dliie Riilf;e, and elsewhere, that the 3 5lh digiee of North-Latitude i«
rot to' be found on any part of said ridge of mountains, east of the- line established by the General Govern,
merit as the temporary b-^undary between the white people and the Indians ; and having no authontv to
proceed over that boundary for the purpose of asc«?rtaining the said S5lh degree of North La'itude, and
of running and marking the line accordingly, and being desirous that all causes of collision and irritatioa
between the jurisdictions and people of die two States may be effectually and completely preyeited, ha,ve
agreed to th€ following Articles, in addition and supplementary to the Convention agreed to at Buncombe
court-house, on the 18th day of the presen: month, viz.
Article I. The Commissioners of Georgia, for and on the part of their State, acknowledge and ad«
nit, which acl^novvledgmcnt an;l admission, are founded on :he aforesaid astronomieai observaiions, that
tht; State of Georgia hatli no claim to the soil or jurisdiction of any part of the territory north or west of
the ndge of mount'Ains which divides the eastern from the western water's,, commonly called the Blue
Kidge, and east or south of l!ie present temporary bounddry line between the while people and the Indians ,5
ar,d that they v,'iH conscqueniiy recommend to the Legislature of Uie State of Georgia to repeal, at their
next ensAiing session, the act to establish the county of Walton, and to abrogate and annul dill executive,
and ministerial or other prqceedings fpr thp organization thereof.
AiiTicLE II. The Commissioners on the part of the State of North-Carolina, promise and agree to
recommend to their Government, and particularly to the Magistrates, Sheriffs and other officers, civil and
miUtary in the county of Buncorhbe, to execute ilielaws concerning forfeitures and penalties, and in any
other respect wliere the State may be concerned (under the degree of felony) upon a-nl towards the peo-
ple who have adhered to the State; of Georgia in the late dissentious concerning jurisdiction, with mildness
and clemency ; and if the said officers can do it cont>islenlIy with their obligations 6f official duty, that
they forbear to institute suits, and to distrain or execute for forfeitures and penalties incurred as aforesaid,
between the tenth day of December, in the -year eighteen hundred and Ihrs-e, 1803, and the date-of thJ4
Agreement, until the sense of the Legislatuie shiill be had and ii,nown thereon.
In order, therefore, that said Conventional Agi-eement, and the Articles additional and supplemental
thereto, may be carried into full and complete effect :
Coofiimed. BE it enacted by the Central Assembly of the Slate of A'arth-Carolina, and it is hereby enacted iy the authf}^
ority of the mme. That. the said Conventional Agreement, an J the articles in addition and supplementary
thereto, and all and every article and clause thereof, be, and the same are hereby fully ratifietl and confirmed
CHAr. 9. Jin act to, pardon certain aff^encescommittedin that part of Buncombe County formerlyckimei b^ the. S,laie^
Georgia.
I E it enacted by the Geneval jissemhly of the State of jVorth-Carolivtty and it is hereby enacted by the authorr.
ty ofifie same, Thtit all crimes and misdemeanors, the pimishvnent whereof is not by law capital-
Off«rees par- wljich have been committed between tlie tenth day of December, in the yearof onr Lord one thousand
dontd. eight hundred and three, and the twenty-seventh of June last past, within that part of the county of
Buncombe which was formerly claimed by the State of Georgia, and cal ed the county of Walton, be, and
llie same are hereby pardoned, released, and put into total oblivion.
. II. ^'nd be it J=urlher enacted, That this act shall be iu force from and after the passage of an act by
r^\^ " '" the Legisliiture of the State of Gewgia, ratifying and coniirming tlie Conventions entered into by and be-
• '- tween the Commissioner* on the part of that State, -and the Commissioners on the part of this State, oa
the T8lh day of June, and-27ih day of June, A. D. 1807.
"^HAr 10. ^n Act to amend the Ptnal Laws, so far as respectsthe trial of /laves charged with capital ^encet,
"W E it evaded by the General At^senibly oj the Slate of North- Carolina, and it is hereby enacted by the authority
Slaivjes » . j^ of the same, That from and after the passing of this act, ail slaves charged with criminal offences,
llic piuvishment of which is capital, shall be tried at the rtgular terms of the county courts of the county
in which such cfiencts aie alkdged to have been committed, and under thi same rules, regulations add
restrictions as by law now directed.
Not byspetal \\, Beit /"ttrihcr enacted, '1 hat so much of the laws now in force as authorises courts to be specially
'^T"'*"!* convened for tlie UiAl of slaves ch8<(gcd with capital ofleijceB,. be, aud thi sanie is hereby repealed atStl
■^^•^^' inide void.
1
1807 S09
CUAV. 11.
Vol. 1 2/8.
K ght of «p.
ptiil.
CHAT. \%.
Interest.
CHAr. 13.
Securities lem-
'Jin ad- to give the right of Appeaiin trial of Caveats and Suspertiions,
BE »' enacted by t/is Ge-ieral ./tsuembly of the Slutt' of uYorth-Carolina, and it is hereby enacted by the authoH'
ty of the name, That in the trial of caveats of land, and suspensions of grants of lands, where either
parly is dissatisfied with the verdict of .he jury, he inuy appeal to the superior court of his county, under
the same rulesj regulations and restrictions ai are now by law established for prosecuting appeals to the
superior courts,
vin act-to allow Interett.on Judgments recovered in actims brought on contracts,
E it rna-:ted by the General Jlsseinbh, of the State of JVorth-Curolin i, and it is hereby enacted by the au-
ihoi-ity of the same, That in all actions which shall hereafter be brought to recover money due by
contract hereafter to be rnade, except on penal bonds, it-shall be the duty of the jury to distinguish by
Hheir verdict, the sum due as prindipul, fiom the sum allowed for interest ; and the princip.il sum due on
all such contracts, shall carry interest, from the time of rendering jud;i-rl)ent thereon' until the same shall
be paid and satisfied ; aiid the judgments in such actions shall bo lentiered accoi*dmg to the proviaions of
■tiiis act.
Ah Mt providing relief for Securities tH certain casefm
R i; enacted by the General Assembly of the State ofJ^'^orth-Carolina and it is hereby enacted by the authori-
ty of ike same, That where there are two or more securities for the perform.ince of any contract what-
soever, ar.d it siiall so happen that one or movt of them may have been, or shall be compelled to perform
and satisfy the same, or any part thereof, and the principal be insolvent or out of the State, he, she or they
may have and inaintuin his, her or their action on the case against the other security or securities, for a
just and rateable proportion of the sum which he, she or they m.Ty be compelled to pay as aforesaid, whe-
ther of principal, interest or costs, to De recovered before any court of record or justice of the peacC) ha-
ving jurisdiction thereof; any law or custom to the contrary notwithstanding.
An act for the relief of 'Purchasers at Epcecution Sales ^ in certain cdsss^
WHEREAS cases frequently occur where property sold on execution, proves not to have been the
property of the person against whom such t-xecutions have issued, by reason of which the innocent
purchaser loses the same, without any remedy at law to be reimbursed, which not only proves injurious
to such purchaser, but frequently operates to discourage the sale of property tor such full prices as the same
ou^^ht to bring : For remedy whereof,
Be it enacted by the General Assembly of the Slate of JS'crth-Carolira and it is hereby enacted by the authority
-of the- same, That from and after the passing of this act, where any property, either real or personal, shall
be sold on any executionof J^er? facias, venditioni exponas, or order of sale, issued from any court of law or
equity in this State, or from any justice of the peace, such justice having jurisdiction and authority to is-
sue the same, by any officer lawfully authorised to make such sale, and the sale be legally and bona fide
made, and such property so sold be not the proper goods and chattels, lands and tenements (as the casu
may be) of the person against whose estate such execution, venditioni exponas, or order of sale, may have
issued by reason of which the purchaser at such sale may have been deprived of the same property, or may
have beeti compelled to pay damages in lieu thereof to the real owner, then, and in every such case, it_shail
be lawful for such purchaser, his executors or administrators, to sue such person against whom such exe-
cution, venditioni exponas, or order of sale, may have so issued, or the persons legally representing him, in
an action on the case in any court of law in this State, and recover such sum as lie may have paid for such
property, with interest thereon from the time of such payment : Provided always, that such property, if the
same be personal proparty, be present at such sale, and actually delivered to such purchaser.
An act declaring nvhat evidence ^f title to lands ^ in certain cases, shall be giodt
WHEI^EaS many citizens of this State who claim the title to lands purchased from the original pro-
prietors, to whom large tracts of land were granted by the King of Great-Britain before the late ■
revolution, are unable to produce either the original grants from the Crown to the said proprietors, or re-
gistered copies 'hereof : And whereas there \% good reason to believe that the said grants, and the regis-
tration thereof, were destroyed at Wilmington, by the<'nemies of this State during the late war.
Jieii enacted by the General jisseinbly oj the: State of North-Carolina, and it is hereby enacted by the authori- Eviderc?,
ty of the name, T-hat in all trials at law, where the title of either plaiiitiff or defendant shall be derived from
Henry Eustace M'Culloch or Henry M'Culloch, out of their tracts number one and three, it shall not be re-
qrirtd of such party to produce, in support of his title, either the original grant from Ihe Crown to th«
, p»cprietois, or a registered ropy thereof; but in ad such cases, the grant or deed executed by such reputed
propfi6lor8,or by his, her or their lawful attorney, or a certified copy thereof, shall be deemeil and held le-
-CHAI. W.
Rerrcdy for
purckaters.
CHAP. 13.
SIO 1807. g-aliapcl suRicient proof of the title of such proprietors, in as full and absolute manner, as though the sanJ
^— V"— ' or pjnal grants were produced and given in evidence ; any law, usage or decision to the contrary notwith-
standing.
CHAP. 16. -^n act t>ie fa ilitig the duties of iht Clerks of the Ccvnty Courts and Registers in this Statey 'in certain cases)
ondjcr other purposes,
Cleik to re. IJ E it enacted by the General jiss(mbly of the State of A'brth'Carolina, aiid it is hereby enacted by the author^
fj.gg ^ % J ity of the same, That Avhen any deed or other instrument of writing shall be offered for probate in any
ot the county courts in this State, it shall, and is hereby expressly declared to be the duty of the clerks of
said courts to receive, vcith his own, the register's fees on all and evury such deeds and otner instruments
of writing admitted to probate for registration ; and shall, withm twenty days after the rii.e of each and eve-
To deliver over ry couniy court, deliver over to the registers of their respective counties, on application, all such deeds and
deeds &c. other instruments ot writing which have been admitted to probate for registration, together with the regis-
ters fees on the same.
The register tc II. .4ndbc it further enacted, That, it shall be the duty ofthe registers within the several counties m this
^"' State, within twenty days after the rise of each and every county court as aforesaid, to apply at the clerks
office of their respective counties, for all deeds and other instruments of writing as aforesaid admitted to
piobate for registration ; and in case of neglect by either clerk or register in pei forming the duties aforc-
Penalty, said, the person so neglecting shall forfeit and pay the sum of five pounds for every such offence, to be re-
covered by warrant before a justice of tlie peace, one half to the use ofthe poor of the county in which suclv
rtcovery may be had, the other half to the use of any person suing for the same, and be further liable for
all damages the party injured by such neglect may sustain.
Deeds 8:c. to HI. Jnd he it further enacted, That it shall be the duty of the several county court clerks within this
be delivered. State, at the next court of pleas and quarter sessions which shall be held after the first day of May next,^
to deliver over to the registers of their respective counties, all deeds and other instruments of writing (if any)
on which the registers fees have been paid, that have been heretofore admitted to probate for registration,
under the penalty of fifty pounds, to be recovered before any jurisdiction having cognizance thereof, to t!ie
sole use of the person suing lor the same.
Fees. IV. •'Ind be it further enacted, That hereafter, the public registers in each county in this State, for re-
gistering divisions of land, shall receive the sum of one shilling for eacli lot or dividend therein described,,
agreeably i(.> tlie plat of said division, and the same fees for every copy thereof. And it shall be the duty
•i(3«e perhaps, ^'f ^acli and every public register in this Slate, to leave* at each and every county court of pleas and quar-
Oiams or na- ter sessions .within their respective couiUies, all grants or stale patents which have bjen delivered to them
tciits. for registration, one week previous to the sitting of such court, and on which their fees have been paid, rea-
dy to be delivered to the owner thereof.
V. ^iJid be it further enacted, That all acts and parts of acts that come within the purvrew and meaning
oi this act, be, and the same are hereby repealed and made void.
CHAT. 17 ^^^ ^'"^ ^° "^^ ^° ^^^ Unite'f States cj America the juriidiction of certain land for the purposes therein men*
iiontd, and to olhiv fui ther time to the General Govtrnmetit Jor fimshing the Fort at or near the mcuih of
C ape Fear River.
HEREAS the harbor of Old Topsail Inlet is at present in an unguarded state, and is generally
nineteen feet water on the bar of said harbour, winch renders it necessary that the United Stales
should have the jurisdiction of certain land convenient thereto, in order that a Fort may be erected thereon
fori tl c dtf.-r.ce ofthe sail port and harbour:
Jiii'sdjciion ce- ^^ '' enacted by the General Assembly of the State of J^orth-Carolina, and it is hereby enacted by the author-
J ify of the loftie, That five acres of land in the county of Carteret, on the west side and adjoining Old Topsail
Inlet., be, and the same is hereby ceded to the United Stales ol America, for the purpose of erecting a Fort
tlnrton for the defence of ihe said port and harbo'ir.
crdition. ^^' -^^-d be it further enacted, That Bryant Ilellen, Jeconias Pickens and James Stanton be, and they
art; heiehy appointed commissioners to survey, lay off and mark the boundaries ofthe said five acres, and
shall return a correct plan thereot to the office of the Secretary of State ; and the said plan so by tliem re-
turned, shfli be deemed full and suflicient evidence of the boundaries aforesaid : Prorided, that the land
ceded by vinue of this act is suhjeet to the following condition : That the said Fort shall he erected thereon
wiiliiii three years from the passing hereof. .^/n(//irowc/c(/ «/fiO, that nothing herein contained, shall he
(onstnicd to debar any ofthe ollicers of this State from serving any process or levying executions within
tl e liniits ceded by ihio act, in the s<Mr.e manner and to the same effect, as if thij act had Bever been
passed.
And ■wliereas, JTrom different causes and circumstancf s, the Fort at Smlthville is not perfectly c»-«pleted, 1 80T. S 1 1
•Ifhough it is so far done as to be ready for the mounting of cannon, ■_ -^ -_/ j
III. And be it further enacted by the authority aforemid, That all the grants and provisions heretofore ^"n ac Smith-
maderespecling the same, shall continue and be in full force : Provided, the said Fort is finished within ^ ''^«
he year 1808 ; any law, usage or custom to the contrary notwithstanding.
jin act to repei i and suppU the place of the fourth section of an actpajfd in the year one thoufami [even hunlrfd c h \r. 18.
and ninety one, entitled, '* An a£t to provide a proper Seal for the State, and thefeveral Courts ot Re- •^''" ^^
cord,''
BE it enacted by the General Assembly of the State qfJVorth' Carolina, and it is hereby enacted by the authority Se alt re-affixed
of the same. That in all cases where the seal annexed to a grant issued by the State, is, or shall be
lost or destroyed, the Governor for the time being may, on the certificate of the Secretary of Siate that
such grant was fairly obtained, cause the seal of the State to be affixed to such grant, and the same so af-
fixed shall give the said grant the same validiVy as the seal first affixed thereto.
II. And be it further enacted, That tlie fourth section of the before recited act be, and the same is here- Section repeaU
by repealed. ed,
^n aSi to amend an aSl,paffedin the year 1191 y entitled <* An act to improve the Infpeftion of Flour and chap. 19.
other commodities, in thib State, and to alter the Infpedlors fees in other mftances." -^"'^ ^^"
WHEREAS no penally is by the said act imposed on those who violate the provisions enjoined by the
first section thereof :
Be it enacted by the General Assembly of the State of North -Carolina, and it is hereby enacted by the authori- Penalty*
tyofthe same. That if any miller or manufacturer of flour shall put up flour in any barrel, for the purpose
of sale or exportation, which barrel does not contain one hundred and ninety-six pounds nett flour, well
ground, bolted and packed, or shall not brand on each barrel of flour the nett weight of the same, in fi-
gures, and also the first letters of his christian name, and his sirname at full length ; oi shall put up flour
for sale or exportation as aforesaid, in a barrel not made of good seasoned oak or ash wood, twenty six in-
ches in length, bounded with ten good hoops, and with heads seventeen inches in width, every such miller
or manufacturer so offending against any of the said provisions, shall forfeit and pav the sum of five pounds
to be recovered before any jurisdiction havinsj cognizarce thereof, by any person suing for the same.
II. And be it further enacted, That when a person shall sell any barrel or barrels of flour not containing Case of dtfi.
the full quantity by law required, the purchaser, unless there shall be a special contract to the contrary, ciency-
shall be allowed to recover the value of the deficiency in an action on the case, for money had and received,
before any jurisdiction having cognizance of the same.
Jin act to amend an act, entiiledy ** An zQl to prevent the felling of fpirituous liquors and other articles <^"*i* 20.
at church or meeting-houfe yards on days of divine worfhip,' paffed in the \ear one thousand eight hun- ^"'' ^-'^ 2S4,
dred,
BE it enacted by the General Assembly of the State o^ Morth-Carolina, and it is hereby enacted by the author'', Penalty for the
ty of the same. That any person may recover in bis own name, to the use of the poor, the penalty poor,
inflicted by the act aforesaid.
II. And be it further enacted by the authority aforesaid. That if any person ihall be intoxicated at a church, Penalty f-r in
meeting-house, or any other place appointed for divine worship, in the time people shall be there asseni- tox.cat\on ic,
bled for the purpose of divine worship ; or shall at such time and place, quarrel, fight, or be guilty of uny
other disorderly behaviour, he shall forfeit and pay to the use of the poor of the county in which the ofl"ence
•hall be committed, the sum of two pounds ten shillings, to be recovered by and in the name of any per-
son who will sue for the same, before, any justice of the peace of the said county : Provided, the warrant
for the said penalty shall be issued within ten days after the offence was committed : And Provided also May anreal.
that if either party shall think themselves aggrieved by the judgment of the justice before whom such
trial shall be had, may have the right of appeal to the succeeding county court ; and in all such cases, it
shall be the duly of the county attorney to appear and prosecute in behalfof the State.
III. And be it further enacted. That an act passed at the last se'ssion of the General Assembly, entitled Former act re-
" An act to prevent the selling of spirituous liquors and other articles at church or meeting house yards on pealed.
days of divine worship,' be, and the same is hereby repealed.
jIn act to amend an act toncerning proving Wills and granting Letters oj ./Administration, and tg prevent frauds chap. 2 1 .
in the management of Intestate Estates, Vol. 1 21.
BE it enacted by the General Assembly of the State of .Yorth-L'arolina^ and it is hereby enacted by the author- Executors re»
ixy oJ the aaine, That m all eases wrhich may hereafter happen, where tlie testator or testatrix may ap- ^''^'"8 °''' «*
4j^ ' *^ the »tat«.
Jl2 1807 point imr peMonor persons m Ws or hcrexecutor or executorsj wlio reside out of the limits of this State?
^'»'— ' or where a man may iiiurry a woman who is appointed execuidx to tlie estate of a deceased ptrsofi and
he resides ovU of the Stale, or is about to remove or make avray vriih the esUte of the testator, to the in*
jui'V of his creditors and representatives, that, in any of the above, stated cases, either at the time of tli^,
. qualification of such executor or executors, upon applic^ition made to the county court by any creditor op
representative of the estate, it shall be made appear by suffiGient testimony, in open court, to the satisfac*
lion of said court, that such injury is likely to ensue, such executor or executors, as al)ove stated, shall ha
obliged to i>;ive bond and security for the faithful administration of the estate, as is required by law in case*
of administration on the estates of deceased persons, agreeably to the above-mentioned act of Assembly,
passed in the year one thousand seven hundred and fifteen, and chapter 4S. And there shall be the same
rtiredy upon such bond given to the part} grieved, as upon the bond of an administrator in like cases.
Executorneti- H. ^nd be itfurther rnactcd- That the several courts aforesaid shall be, and they are hereby invested with
tM itiio l>oi.d. full power and autliority, by such rules and orders as they may think proper to make, to compel the said
executor or executors to enter into bond and security as aforesaid : and upon due notice, by citation or.
otherwise, sliould they, or any of them, stand out and refuse so to do, the said courts respectively shall
and m:iy order and decree that the power and authority of the executor or executors, as aforesaid, be null,
and thecneforth all the power and authority of the said executor or executor* shall ce^se, and the said
courts shall ai d may then grant adminn tration with the will annexed, or olherewise, as the case may requir^^
to such peitonor persons as they may dtem meet.
OHAT. 22. An act to regulate the charges of Sheriff s^ Cofcnerti Consiahles and other ^cets, in certain caset.
flEl-llf.Ab there is no law within this State makinjj an allowance to officers whose duty it is toholll
in custody any property, the keeping of which necessarily occasions expence : Therefore,
Ccirts to fis UK it er.acivcl by the General Assemhlij of the State of JVorth-Carolina^ and it is hereby enacted by the authom
'thwges. rity c/ the ."ame, That it shall be '.he duty of the several courts of pleas and Quarter Sessions, at the first
term which shaH be ho'den in tlieir respective counties after the first day of January in each and every
year, to settle the charges of the aforossid officci s foi keeping;, watering and feeding any horse, catUe, hogs,
or Fhecp, taken into their custody under legal pioeess ; and tlie said officers, or any of them, may niaui-
tnin his or tl.eir action against the delator w hose pi'operty has been so hoklen in custody for the amount of •
the chaiges thereby incurretl, before any court or justice of the peace having jurisdiction of the sum du«
therefor.
Cfficrrs BC> II, y^nd be it further erncted. That every officer claiming under this act, shall make out his account, and,
©cunts. H required, give tlie debtor, his agent or factor, a true copy thereof, signed with his own hand, and shall
return the said account, with the execution or other process under which the property has been seized, tO'
the justice or to the court to whom the said execiilion or process is returnable ; and shaU then and there
a!so swear to the correctness of the several items therein set forth, otherwise he shall not. be permitted to
make arv recovery from the debtor.
J!ond for pro. HI. .4nd he it further enacted. 'I ha*, if any of the said officers who has leviid an execution, or other pro*
pef'y- cess, upon propert\ , shaTI permit the same to remain with the posses.sor thereof it Haay be lawful for such
officer to take a bond for the forthcoming thereof to answer the said execution or process; but the said officcB
shall nevert! e'ets remain Lib'.e, r.s here ofore, in all respects to the claims of the plaintiff.
«nAr. 23. j,, g^t todivide the fnji and fecond divijions of the Militia tf thii State into thtee diviQom,
Ante 285, "f^l* T HEKEAS it hath been ascertained with certainty, that the first and second divisions of Militia of
^y this State contain men more than sufficient to make three divisions, agreeably to the regulations of
the militia laws of this State ; and it being proper that the officers should be proportioned to the men.
Be it therefore enacted by the- General Assembly of the State of North-Carolina., and it is hereby enacted by the
_ . - authority of the same, That from and after the passing of this act, the first and second divisions as aforc'^aid
^ivilions. ''^ *'^"^' ^'^ dividcrl into three divisions, in the following manner, to wit : The first division shall be composed
of the counties of Curiituck, Camden, Pasquotank, Perquimons, Chowan, Gates, Hertford, Bertie, Wash,
iiigton, and Tyrrel. And that the sixth division shall be composed of the counties of Hyde, Beaufort,
PiU, Craven, Carteret, Lenoir, Greene, Wayne, Johnston, Duplin, Jones, Onslow, New-Hanover and
Brunswick : Ajid that the second division shall be composed of the counties of Bladen, Cumberland, Samp*
son, Moore, Anson, Richmond and Robeson,
j^ . f . 11. And be it further enacted by the authority aforesaid., That each division shall compose the following
bHgad'efc * brigades : The first brigade for the first division, shall be composed of the counties of Currituck, Cam-
den, Pasquotank, Perquimons, Chowan and Gates : That the ihir:eenth brigade for the first division, shall
be composed of the counties of Hertford, Bertie, Washington and Tyrrell : That the second brigade for
the sixth division, shall be composed of ihe counties of Hyde, Beaufort, Pitt, Craven and Carteret : That
|be twelfth brigade for the sixth division, shall be composed of the counties of Lenoir, Greene, Wa/ne suid
f^hiibvon. : And that tlie tTiIrd bris^arle for tlie %ixth division, shall b- composed of the counties of Dupl'm, .1801'. 318
Jones, Onslow. New-Hanover and Brunswick: And that the fonrtii -brigade for tlie second division, shall L ^ ._/
be composed of the counties of Bladen, Cumberland, Sampson and Moore . And that the fourteenth bri-
gade for the second division, sliall be conipostd of the counties of Anson, Richmond and Robeson.
III. ^nd be it further enacted. That the divisions and brigades af<#esaid, shall be offtcered agreeable to {./fficew appoiifc
the militia laws of this Slate : Provided, that nothing herein contained shall be construed so as to affect I'oiuteU,
' the appointments heretofore made within. the' divisions or brigades aforesaid.
IV. jfnd be it further enacted. That all acts and clauses of acts, which contve within the meanin"- and •
purview of this act, are hereby repealed and made void.
vdn actio annex fiar-t of the Militia composing the eighth brigade of the fourth divixiort to the niri'h brigade of the tnAf. S4
^fth division oj the militia of this Siate^ and to establish one other brigade^ to be denominated thefifieehth bri-
• gade. ''"'* 2*^«
BE it enacted by the General Assembly of the State o f A^'orlh-Carolina and it is hereby, enacted by the author' Sm rj to the
ity of ihc same. That thfc county of Surry shall be added to the ninth brigade of lh« Militia of this State, r.iuCii ongadt
and that hereafter the counties of Surry, Willies and Ashe shall compose the ninth brigade of Militia.
II. And be it further enacted, That the part of the ninth brigade consisting of the counties of Burke and New Brigad*
Buncombe, shall compose the other brigade, to be called and known by the fifteenth brigade.
III. And be it further enacted. That each brigade shall be entitled to one regiment of cavalry. Cava'ry oftadi
IV And be it further enacted. That the fifteenth brigade shall compose a part of the fifth division and brgade.
shall be officered in like manner as other miliria of, this State.
• V. And be it Jurther enacted, That nothing in the above recited act shall be so construed as to affect the Vo'unteers.
present draft or volunteers who have offered their services in the ninth brigade, to do their duly as no vr ar-
ranged in the first detachment, to be called into the service of the United Slates ; any law usage or cus-
-,tom to the contrary notwitlistanding.
VI. And be it iurthcr enacted, That all acts and parts of acts, thai come willxin th« purview and meaning
of this act, be, and the same are hereby repealed and made void.
An Act to authirhe the Trustees of the Uiiversity of North -Car oUnj, in certain cases, to appoint a Presi. chap. 63.
dent of the Board of Trustees ajoresaid^ pro tempore.
WHEREAS, by the laws now in force, fifteen trustees are necessary to constitute a board, in the ab- ^'o/. 1. 478.
senceof the I'rc;sident, whereby, the interests of the institution may suffer from the want of a bo-
,t!y kgally authorised to transact its business :
Be it enacted Uierefore by the General Assembly of the State of ^ortk-Cirolina, and it is hereby enacted by the Quoruai,
authority of the same, That from and after the passing of this act, any number of the trustees, not less than
seven, at any of the annual meetings of the trustees of the University of North-Caioliiia, shall be and constitute
a quorum, and be competent to appoint a President /jrofe7M/io»-e, in case of the death, resignation, absence
or indisposition of tiie President ; and when a President firo tein/iore is so appointed, they shall (possess and
exercise all and every the prrwers and authorities invested in the trustees of the University of North -Caro-
lina by the several acts of the General Assembly now in force, or which may hereafter be in force iathi«
State. ,
An /id ta establish a Boundart Line between Ashe and Burke Counties, chap. 7©.
BE it enacted by the General Assembly of the State of North-Carolina, and it is herein/ enacled by the author' Bounaai"/.
ity of the same, That the boundary line between the counties of Ashe and Burke, shall he established
and known by the following boundaries, to wit: beginning at the Blowing Rock on the Blue Ridge, near
the Yadkin Spring, running thence a due west course, crossing some of the head waters of Watauga River,
to the top of the ridge dividing the head waters of Watauga River and Elk Creek, then along the extrrmt
height of said ridge to the Grandfather Mountain, thence along the extreme beiglU of the ridge that di-
vides the waters of Toe River from those ot Watauga and Elk Creek, to the fennessie fine, l-jivin^ all
the waters of Toe River, and the head waters of Watauga south of the said due west line, in Barke, and
all the waters of Elk, and the waters of Watauga, north of the said line, in the county of Ashe. The re»t
Jirivatt.
An Act to annex part of the County of Burke to the Ctfunty of Rutherford. map. fU
BE it enacted by the General Assembly of the State of J^orth-Carolina, and it is hereby enacted by th' author'
ity of theSame, That from and after the passing of this act, the dividing line between the saH coun-
4ie& of Burke and Rutberibid, ahali begin at » white oak tree that staad» ne»r the forks »f the public road
314 1807. above James Jones's, in the line herefofore mn between saitl counties &nA the public foa^ f'^at !ea:?s up !*»
t~Y— ^ cond Broad River, shall be the line between said counties, as far as Joseph Goodbread's; thence a souih*
west course to the dividing ridge that divides the waters of Cove ar.d Crooked Creeks, thence the ridge that
divides the waters of Catawba and Bread Rivers, to the Buncombe county line. And the line as herein
mentioned shall be the dividing line between the said counties of Burke and Rutherford ; anj law, usage
or custom to the conliary notwithstanding. The rest firivute.
«HAT». 80. ji„ ^ct tt alter the time of hflding the Ctunty Courts therein mentioned.
Rockingham "fl^E it enacted by the General Janembly of the State oi Aorth-Carolina^ and His hereby enacX.ed by ihe author
B
. — hy oi the same. That the court of pleas and quarter sessions for the county of Rockingham, shall be
yol, 1. 392, },ei(i on the last Monday in February, May, August and November, in each and every year, to which
^''^' times respectively, all suits, process and pleadings shall be continued and returned, any thing to the con-
trary notwithstanding ; Provided, the change made bv this act, shall not take effect until after the court to
be held for the said county on the foutth Monday in February next.
Surr;-; II. ^nd be it further enacted. That the court of picas and quarter sessions for the county of Surry, shall,
after the third Monday m February next, be holden on the first Monday in May, August, November and
February, in each and every year, to which times respectively, all suits, pleas, process and proceedings of
what kind ornature soever, shall be returned and determined, under the same rules, regulations and res-
trict ions as heretofore prescribed by law.
e jr^p g J An Act to a 'ter the time of holding the County Courts in the several counties therein mentioned,
^ te l\ JO4, |-<^ ^^ enacted by the General Assembly of the State of -North- Carolina^ aiid it is hereby enacted by the authot'
^-^' X3''tv of the same, Tiiat from and after the passing of this act, the county courts in the county of Buncombe,
Buncombe shall be held on the following days, viz, the first Monday of January, April, July and October, in each and
°"^^ every year ; and the county courts in the county of Lincoln, shall be held on the third Monday of the same
months : Provided, that this act shall not affect the first court in said counties.
Superior and n ^„^ ^, ,7 further enacted by the authority aforesaid, Thi^t it shall be the duty of the justices compo-
jurors-^ ''"" ^'"? ^^^ county courts of those counties where the county and superior courts shall or may happen in the
same week, to direct the sheriffs of their respective counties, to summon the jurors that are directed to be
summoned for the superior courts, to attend the county courts, under the same fines and penalties as by
law directed : Provided always, where it shall so happen that a justice of peace is drawn to serve as a juror
a' the superior court, the county court shall appoint one other person to serve as a juror in the county
court, in the place of each justice so drawn. And all witnesses summoned to attend any of the county courts
wheie the county and superior courts shall happen in the same week in any of the counties of Buncombe,
Rutherford or Lincoln, shall be summoned to attend on such days as the court of said counties shall and
may direct. ■
Sheriff's power HI- And be it further enacted. That the'sheriffs in the counties of Buncombe, Rutherford and Lincoln,
shall have power and authoiity to open the county court of their respective counties, at ten o'clock upon
the fir?,t day of the term, where the superior court happens in the same week, or at any other time of the
same day, and to adjourn from day to day untill the busines of the superior court m ly be finished.
Caswel' Court, ^^- -^^"^^^ ^t fwrtAer enacted^ That all laws and parts of laws that come within the purview and meaning
of this act, are hereby repealed and made void ; any law usage or custom to the contrary notwithstanding.
V. And be it iunhev enacted by the authority aforesaid. That from and after 1 he county court of pjeas
and quarter sessions, to be held lor the county ot Caswell, on the last Monday in Januaty next, the said
court shall be held on the fourth Monday in the months of March, June, September ar.d December, in each
and every year ; and the said court to be held on the last Monday in January next, shall cc'ntinue and ad-
journ all suits and other business then remaining before the said court unfinished, to the fourth Monday m
March next following, and all proocess issuu,g from said court shall be made returnable accordingly,
fcrson. V- -^"f' ^'^ 2t Unther enacted by the authority aforesaid, That in future, the county courts of pleas and quar.
ter sessions for the county of Person, shall be held on each and every year -is follows, to wit : on the se.
cond Monday in February, the Wednesday next iifter the secondMonday in May, the second Moisday in
August, the Wednesday next after ihe second Monday in November, to which limes respectively, ,^11 busi-
ness before the said court shall be continued, and all process be made returnable ', any law to the contrary
. , notwithstanding. , ,-..,•
• KA?. 82. An A(t to repeal an act, passed in, 1800, entitled^ " An ^£1 to alter the time of holding the Courts of
Pleas and Quarter Seffions in the counties therein mentioned,'' a/ /or as it respects the Ceun'y ofOnslow
* f'^^'' '^'^""'■''•f' ^y ^he Getheral Assembly o{ theSiate of J\/orth.Carolinay^and it is (tereby enac'tedby tpe auth)v-
JL# "y "^ L/(«' *«'"f> That after the second Monday iu March next, so much of the before recited act a«
Vespec's the ciunlv of Onslow, he, <ind is hereSr repealet? anfl mr'e yoicl. And that afterthe nfoi'esail se-
cond Mortvliy ii March, the coi'its of oleisandquartpr sessions i a the suidcoatUy of Oaslow, shall he held
as foimcrlvr viz on the second M- nday in \prii, July, October and January, in each and every yt-ar ; a-
ny la'.v to the contrary notwithstandins^. The rest firnnte.
Jn act to alter the time of holdtvg the County Courts of Pleait and Quarter Sessions in the Cmnti/ ofTjrrel.
BE it enacfedhy the General As^embl'j of the State of North-Carolina, anl it in hereby enacted by the author-
I'D of the same, That from a id after the cou'-t of pleas and quarter sessions to b^ hel 1 f')r t!ie co'j i-
ty of Tyrrel the fourth Monday in January next, the said co arts shall be held oithe fi-st Mondiy in M.tv
Au;^ust November and February, in every year.: and the siid court to be hel 1 oi tha frirth M )n 1 >v u\
January next, shall be adjourned until the first M nndav in May followiag and all process issuing liicref
f;om shall be made returnaiile accordingly. The rest private,
THE TITLES OF THE PRIVATE ACTS.
38 An act to amend an act, passed la«^t spssion o^
the General Assembly, to build a new Court-
Ua^low Court
CHAP. 83
S5 An act to open & make navigable FishingCreek,
from Wyatis''s Bridge to Hilliard's Mill.
26 An act to render navigable Colly Swamp, in Bla-
den County.
27 An act to amend the several laws heretofore pas-
sed to improve the navigation of Cape Fear
River, and of deep and Haw Rivers.
28 An act to establish a Turnpike Road, from th
House, Prison and Stocks, in the County of
Lincoln.
39 An act empowering the County Court of Meck-
lenburg to lay a fuither county tax for com-
pleting and finishmg the Public Buildings
in said county.
West end of Mattamuskeet Lake, to John *0 An act to authorise the County Court of Curri.
Jordan's in Rose Bay, in Hyde County. tuck to lay a tax for the purpose of defraying
39 An act to authoiise certain persons therein men-
tioned to erect a Draw-Bridge across Trent
River, in Jones County, and to repeal the
fou'ih section of an act passed at Raleigh,
i:i the year 1806, entitled " An act to incoi -
porate a company for tl.e iinprovenienl of the
navigation of I'rent River."
50 An act to confirm the provisions of an act, passed
by the Legislature of Virginia, entitled " An
a( t authorising Thomas Wilson to erect a
Whig-dam. from his land in the county of
RlecUenburg, extending from the south bank
of Roanoak River iutn the same,^ passed the
fiist day of January, 1507.
31 An act to appoint Commissio.ners to fix on a
certain expences therein mentioned.
41 An act to empower nine Justices of the Peace of
Montgomery County to lay the lax of sai^
county.
42 An act to amend an act, passed last session of
the General Assembly, entitled '"An act to
empower the County Court cf Tyrnl to lay
a tax for the purpose of building a Bridge a-
cross Scuppernong River"
43 An act to amend an act, passed in the year ons
thousand eight hundred and four, enti'led
" An act to empower the persons tlierein
mentioned to call to an an account and settle
with former Sheriffs and Trustees of Rich,
mond County."
suit; ble and central place in the County of 44 An act to alter the time for appointing Sheriffs
Guiltord. for electing the Court Hnuse and
other public buildings, and for other purpo-
ses therein mentioned.
32 An act to provide f)r building a- new Gaol in the
County of Bladrn.
33 An act to provide for the repairing, atsd rebni'-
ding, if necessary, the Gaol in the county of
Chowan.
34 An act autlioiising the Court of Pleas and Quar-
ts: :• Sessions of the County of Craven to build
a new Jail, and also to erect a Poor house for
said county.
55 An act for the support and employment of the
Poor of Cumberland Cnuniy.
56 An art to estabiibh a Poor house in the County 1
of Dup'.i".
^7 An act to authorise tiie County Court of Pasquo-
tai k to lay a tax for the purpose of building a
Prison and Stocks and finisliing tiie Court-
House in the sai I c iu;,tv^ and for other pur
poses theicin mentiontd. 4
in the countv of Lincoln.
45 An act to limit the number of Constables in the
County of Ashe.
45 An act pointing out the mode of making com-
pensation to Patrols in Randolph County. .
47 An art to amend an act. entitled '* An act for
the government of Elizabeth Citv."
48 An act to incorporate the town of Plymouth, an. I
fu- other purposes thtrc in mentioned.
49 An act to appoint Commissioners for the better
regulation and good gnvernmet^.t of the town
of Asheville, in Buncombe County.
50 An act to appoint Commissioners for the town of
Hertford in Peiquinions County, and for other
purposes.
5 1 An act to appoint Commissioners for the town
of Sarecta. in Duplin County, and 'o enlarcre
the autiioriiy of the Commissioners of the
town <;f Wil nin::ton. and to exempt th-i
Commissioners of Navigali n fo- tUe port of
L Wilmington fi»o:u serving as Jurors.
gI6 l^'^y. 52 An or'- to lay off a Town «n the lands of John
w-y^-^ \\^ ' ijii, ui B!ai.leu CoiuUy, and for other
pMI-JjOiCS.
JKL^M 53 An acl to provide for the election of Commission-
'^^^l$)t eii> for the town of SmithviUe.
«4 Aa act to establisii a 'iown in the County of
MonlgLmci y. on the lands of John Billings-
ly.
55 An uft to regulate the town of (ierraaintown in
Hyde Cor.rty.
56 An act to a{)i>oii)t Commissloneirs for the town of
Willianiston
57 An act tt» amend an act, pH'S^ed in the year one
tlKUsand seven hundred and ninety -nine, for
laying off a town in the county of Wilkes.
58 An act fur the better regulation of the town of
Charlotte in Mecklenburg County.
59 An ?>ct to er laige the authority of the Commis-
sioners of thetO'An ot Newbern.
60 An act to repeal part of an act, passed in the
year ore thousand eight hundred andthiee,
ejiiitltd '■ An act to authorise the Commis-
«ioneis of tiie town of Hiilbborough to rent
out part of the Town ('ommons.'''
SI An art to empower the Commissioners of the
town ot V^ arrenton. to sell the Public Ground
therein specifitd.
63 An act empowering the Commissionefs of the
Town of Edenton to convey part of the Town
Comrrons to the Trustees of the Edenton
Academy
64 An act to establish an Academy in Elizabeth
City.
65 An act to incorporate the Trustees of the Indi-
an Woods Academ>, in the county of Bertie.
66 An act to establish an an Academy in Trenton,
in the county of Jone
6T An act to authorise the Trustees of Mount Clio
Academy, in Robeson County, and the
Trustees of Portsmouth Academy in Carte-
ret County, to laise a cerain sum by way of
Lotler- , not exceeding four hundred pounds
each, to complete the building of said A-
caden)Jes.
68 An act to amend an act, passed in the year one
one thousand seven hu'.dred and nmely-thvee,
entitled •' An act to establish a Seminary of
Leaning hi the town of Lumberton and Raft
Swamp, in the county of Robeson."
69 An act to amend an ac>. of the last session of the
General Assembly entitled •' An act to es-
tablish an Academy in the County of Ru-
therford."
72 An ac to amend an act, passed in the year 1796,
ei'titled " An act aiuhorising the members
of ihi EpiscopalChu^ch in the town of New-
bem m appoint Trustees, and for other pur-
l^oses.*
73 An act to regulate thelnspection of Ton Timber
in the Iowa ol Wil ming-.on.
4 An act to ometid an net, entitled, " An act to a-
meiid the several laws heretofore passed, re-
lative -to the removing obslruc'ions to the
pas;age of Fish up theseveml Rivers in this
State, so far as respects the River Peedee.**
75 An act to authorise Birnet Beasley. of the Coun-
ty of Wan^en. and Jolm Rutheif-ovd, to bring
into this Stale certam Slaves therein men»
lioned.
76 An ac: to anthorise Samuel Morgani of Notto-
way Couniy.af.d ConinwnweaUli of Virgiixia,
to bring certain Slave* into this State^
^T An act to co.iiiiin the Murriage of James Smith
v.'ilh Mary N-irSc'ct.
78 A^n act to empower William Gill, -of Granville
County, to sell certain lands therein men-
tioned.
79 An act to vest in A'r.erica Jones, of Wake
County, certain rights.
84 An act to amend an act, entitled *' An net ma.
king compensation to t\/e Jurors who may
hereafter attend the County Court of How-
an.""
85 An act making compensation to the Jurors of
Halifax Superior Court and New-Hanover
Superior and County Courts.
86 An act making compensation to the Jurors who
may hereafter attend tl)e County and Supe-
rior Courts in the County of Robeson.
87 An act to establish four separate Elections in the
County of Franklin, and other purposes there-
in mentioned.
88 An act to amend an act, entitled <' An act to es-
tablish the mode of Elections in the County
of Granville."
89 An ace to alter the time of holding the separate
Elections in Northampton County, and to es-
tablish one other separate Election in said
County.
90 An act to establish the mode ot Elections in fu-
ture in the County of Bertie.
91 An act to establish one other separate Election
in the county of Duplin.
92 An act to establish one other separate Election
in Mecklenburg County, and to alter the
time of holding those heretofore established,
93 An act to amend an act, entitled " An act to es-
tablish the mode of Elections in future in the
County of Richmond-
94 An act to alter the mode of holding the Elections
in the County of Anson.
95 An act to alter the place of holding one of the
separate Elections m Randolph County, and
to alter the time of holding the County
Courts of Bladen and Brunswick.
9 6 An act for the better regulation of the separate
Elections in the County of Rowan.
97 An act granting a separate Election in St ekes
County.
98 An act to alter the plflce of hoIcHnjv two separate
Elections in the Count; of Sun y.
99 An act to amend the several acts heietofore pas-
sed grantinii^ s-parate Elections to tiie in-
habitants of Lincoln CmiiUv so far as res-
pects the Election of Electors.
.100 An ijct to grant two separ *le Elections in the
County of Rutherford, and to alter the place
of holdiiig; one other Election :n the Coun'y
of Rutherford.
•101 An act to establish a separate Ilectlori at the
House of William White, Esquire, in the
County of Burke, and for otier purposes
therein mentioned.
102 An act to regulate the mode of Ebctions in the
County of Tyrrell.
103 An act to establish a separate E!<ction in tliat
part of Buncombe County fomerly called
Walton County.
104 An a.'t to alter the place ofholdit^the Muster
for the first battalion of the Miiira of North-
ampton County.
105 An act to prevent Hogs from runing at large
on t1ie island of Portsmmith, in Cartc-et
County.
106 An act to alter the names of the Persons there-
iMmenlioii<d,and to k-tritimate apart thereof.
107 An ar.uo secure to the Persons therein men-
t.oned, juch property as they may herealter
acquire.
108 An ac. to secure to Rebecca Farrow, all such
, proper ty as she muv hereafter acquire, and
a.so to secure John Farrow, her husbaiid. a-
,oQ A FT ''" ^"^"' ^ flemands of the sai<l Rebecca.
lOyAnact securing to James Hoffler, ofC^es
County, all such proptrty as he now has, or
Tnay hereafter acquire, free from any demand
that his vyife Dcbor.h Hoffler may have in
right oi dower, or otherwise.
no An act to secure David D mnell. of Rowan
County, agamsi all future claims of his wife
ou-anna.
111 An act to restore to credit James Cortnev. of
Eiiicoln County,
112 An act to emancipate Fanny Nixon and Hen-
derson Nixon, of Perquimons County.
ISOr. 317
Read three times and ratified in GeneraVinsembly, the I4th day of December ISO^
JOSEPH RTDDICK, 5. S.
JOSHUA G. \V RIGHT, .S. H. O
I
^•^
t"''^; >::
North Carolina Laws. 1804
Received: The book was bound in full bro^^m
mottled sheep, with plain endshhets, and red
and white rolled cloth endbands. The title
was in gold on orange sheepskin. There were
6 gold lines to indicate panels on the spine,
The leather had red rot; the front and back
boards were loose and part of the spine
was missing. The book appers to be oversewn.
Proceedure: The text block was reinforced
with stab joint ends. Adhesive used at the
spine was a 50/50 mix of Jade 403 and
meth5?l cellulose.
O.P.-C. 1983
ib^.^ft^^R*",
^^r
^■H^P\l
Live Music Archive
Librivox Free Audio
Metropolitan Museum
Cleveland Museum of Art
Internet Arcade
Console Living Room
Books to Borrow
Open Library
TV News
Understanding 9/11