A Collection of all the Public Acts of Assembly, of the Province of North-Carolina (1751)

A Collection of all the Public Acts of Assembly, of the Province of North-Carolina (1751) (1751)
General Assembly of the Province of North Carolina, edited by Edward Mosely, Samuel Swann

James Davis, page -

2718338A Collection of all the Public Acts of Assembly, of the Province of North-Carolina (1751)1751General Assembly of the Province of North Carolina

A

COLLECTION

OF

All the PUBLIC

ACTS OF ASSEMBLY,

OF

The PROVINCE of

NORTH-CAROLINA:

Now in FORCE and USE.

Together with the TITLES of all such LAWS as are Obsolete, Expir'd, or Repeal’d.

And also, and exact TABLE of the Titles of the ACTS in Force.

Revised by Commissioners appointed by an Act of the GENERAL ASSEMBLY of the said Province, for that Purpose; and Examined with the Records, and Confirmed in full Assembly.

NEWBERN: Printed by James Davis, M,DCC,LI.

TO His EXCELLENCY

GABRIEL JOHNSTON, Eſq;

Captain-General, Governor and Commander in Chief, in and over his Majesty's Province of North-Carolina, and Vice-Admiral of the same.

May it please Your Excellency,

COL. Moseley, the other Commissioner concerned with me, in the Collecting, Compiling, Revising, and Printing the LAWS in Force in this Province, being dead, I alone bed Leave to Dedicate Them to Your Excellency, as their Patron and Protector; under whose wise and prudent Administration, the greatest Part of the best of them have been formed.

FROM the known Benevolence of your Disposition, I am satisfied, it must give You great Pleasure, Sir, That this WORK, so repeatedly recommended to the General Assembly of this Province, and so long and earnestly desir’d by You; hath been carried on by Your favourable influence, and finished during Your Government.

ALTHO’ the Substance of each Law, and Clause of every Law, in Force, is strictly preserved; yet, I am sensible, they fall greatly short of that Correctness of Stile and Diction, which may be expected in a Work of this Nature; and, in those Points, will not stand an Examination, especially of so discerning a Judge as Your Excellency; But as You are well acquainted with the many Difficulties which attended us, in the performing of this Service for the Publick, I hope our defects will by You be favourably considered.

I am Your Excellecy’s Most Dutiful and Obedient Humble Servant,

SAMUAL SWANN.

THE SECOND

CHARTER,

Granted by King CHARLES, II.

TO THE

Proprietors of CAROLINA.

CHARLES the Second, by the Grace of God, of Great-Britain, France, and Ireland, King, Defender of the Faith &c. WHEREAS, by our Letters Patents, bearing Date the Twenty Fourth Day of March, in the Fifteenth Year of our Reign, We are graciously pleased to grant upon out right trustly and right well-beloved Cousin and Counsellor Edward Earl of Clarendon, our High Chancellor of England, our right trusty and entirely beloved Cousin and Counsellor George Duke of Albemarle, Master of our Horse; our right trusty and well beloved Counsellor John Lord Berkeley; our right trusty and well-beloved Counsellor Anthony Lord Ashley, Chancellor of our Exchequer; our right trusty and well-beloved Counsellor Sir George Carteret, Knight and Baronet, Vice-Chancellor of our Houshold; our right trusty and well-beloved Sir John Colleton, Knight and Baronet; and Sir William Berkeley, Knight; all that Province, Territory, or Tract of Ground, called Carolina, situate, lying and being within our Dominions of America; extending from the North End of the Island called Luke-Island, which lyeth in the Southern Virginia Seas, and within Thirty Six Degrees of North Lattitude; and to the West, as far as the South-Seas; and so respectively as far as the River of Matthias, which bordereth upon the Coast of Florida, and within Thirty One Degrees of Northern Lattitude; and so Weſt, in a direct Line, as far as the South-Seas aforesaid.

NOW Know ye, That We, at the humble Request of the said Grantees, in the aforesaid Letters Patents named, and as a further Mark of our especial Favour to them, we are graciously pleased to enlarge our said Grant unto them, according to the Bounds and Limits hereafter specified, and in Favour of the pious and noble Purpose of the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns, all that Province, Territory, or Tract of Land, situate, lying and being within our Dominions of America aforesaid; extending North and Eastward, as far as the North End of Currituck River or Inlet, upon a strait Westerly Line to Wyonoak Creek, which lies within or about the the Degrees of Thirty Six, and Thirty Minutes, Northern Lattitude; and so West, in a direct Line, as far as the South-Seas; and South and Westward, as far as the Degrees of Twenty Nine, inclusive, of Northern Lattitude; and so West, in a direct Line, as far as the South-Seas; together with all and singular the Ports, Harbours, Bays, Rivers, and Inlets, belonging unto the Province or Territory aforesaid: And also, all the Soils, Lands, Fields, Woods, Mountains, Terms, Lakes, Rivers, Bays, and Islets, situate of being within the Bounds or Limits last before mentioned; with the Fishings of all sorts of Fish, Whales, Sturgeons, and all other Royal Fish, in the Sea, Bays, Islets, and Rivers, within the Premises, and the Fish therein taken, together with the Royalty of the Sea upon the Coast within the Limits asoreſaid; and moreover all Veins, Mines, and Quarries, as well discovered as not discovered, of Gold, Silver, Gems, and precious Stones, Metal, or any other Thing, found, or to be found, within the Province, Territory, Islets, and Limits aforesaid: And further more, the Patronage and Advowsons of all the Churches and Chapels, which, as Christian Religion shall increase within the Province, Territory, Isles, and Limits aforesaid, shall happen hereafter to be erected, together with License and Power to build and found Churches, Chapels, and Oratories, in convenient and fit Places, within the said Bounds and Limits; and to cause them to be dedicated and consecrated, according to the Ecclesiastical Laws of our Kingdom of England; together with all and singular the like and as ample Rights, Jurisdictions, Privileges, Prerogatives, Royalties, Liberties, Immunities, and Franchises, of what Kind soever, within the Territory, Isles, Islets, and Limits aforesaid: To have, hold, use, exercise, and enjoy the same, as amply, fully, and in as ample Manner, as any Bishop of Durham, in our Kingdom of England, ever heretofore, had, held, used, or enjoyed, or of Right ought or could have, use, or enjoy: And them the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Aſhley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns, we do, by these Presents, for us, our Heirs and Successors, make, create, and constitute, the true and absolute Lords and Proprietors of the said Province or Territory, and of all other the Premises; saving always the Faith, Allegiance, and sovereign Dominion, due to us, our Heirs and Successors, for the same: To hold, possess, and enjoy the said Province, Territory, Islets, and all and singular other the Premises, to them the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns for ever; to be holden of us, our Heirs and Successors, as of our Manor of East-Greenwich, in Kent, in free and common Soccage, and not in Capite, or by Knight's Service: Yielding and paying, Yearly, to us, our Heirs and Successors, for the same, the Fourth Part of all Gold and Silver Oar, which, within the Limits hereby granted, shall, from Time to Time, happen to be found, over and besides the Yearly Rent of Twenty Marks, and the Fourth Part of the Gold and Silver Oar, in and by the said written Letters Patent reserved and payable.

AND that the Province or Territory hereby granted and described, may be dignified with as large Tythes 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 same Tract of Ground or Territory unto the same Province Carolina and out of the Fullness of our Royal Power and Prerogative, we do, for us, our Heirs and Successors, annex and Unite the same to the said Province of Carolina.

AND forasmuch as we have made and ordained the aforesaid Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns, the true Lords and Proprietors of all the Province or Territory aforesaid; Know ye therefore moreover, That we, reposing especial Trust and Confidence in their Fidelity, Wisdom, Justice, and provident Circumspection, for us, our Heirs and Successors, do grant full and absolute Power, by Virtue of these Presents, to them the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns, for the good and happy Government of the said whole Province or Territory, full Power and Authority, to erect, constitute, and make several Counties, Baronnies, and Colonies, of and within the said Provinces, Territories, Lands, and Hereditaments, in and by the said Letters Patents, granted or mentioned to be granted, as aforesaid, with several and distinct Jurisdictions, Powers, Liberties, and Privileges: And also, to ordain, make, and enact, and, under their Seals, to publish any Laws and Constitutions whatsoever, either appurtaining to the Public State of the whole Province or Territory, or of any distinct or particular County, Baronny, or Colony, or of or within the same; or to the private Utility of particular Persons, according to their best Directions, by and with the Advice, Assent, and Approbation, of the Freemen of the said Province or Territory, or of the Freemen of the County, Baronny, or Colony, for which such Law or Constitution shall be made, or the greater Part of them, or of their Delegates or Deputies, whom, for enacting of the said Laws, when, and as often as Need shall require, We will, that the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, and their Heirs or Assigns, shall, from Time to Time, assemble, in such Manner and Form as to them shall seem best; and the same Laws duly to execute, upon all People within the said Province or Territory, County, Baronny, or Colony, or the Limits thereof, for the Time being, which shall be constituted tuted, under the Power, and Government of them or any of them, either failing towards the said Province, or Territory of Carolina, or returning from thence towards England, or any other of our, or Foreign Dominions, by Imposition of Penalties, Imprisonment, or any other Punishiment; yea, if it shall be needful, and the Quality of the Offence require it, by taking away Member and Life, either by them the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, and their Heirs, or by them, or their Deputies, Lieutenants, Judges, Justices, Magistrates, or Officers, whatsoever, as well within the said Province, as at Sea, in such Manner and Form as unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, and their Heirs, shall seem most convenient: And also, to remit, release, pardon, and abolish, whether before Judgment or after, all Crimes and Offences whatsoever, against the said Laws; and to do all and every Thing and Things, which, unto the compleat Establishment of Justice, unto Courts, Sessions, and Forms of Judicature, and Manners of proceeding therein, do belong, altho' in these Presents, express Mention is not made thereof; and by Judges to him or them delegated, to award Process, hold Pleas, and determine, in all the said Courts and Places of Judicature, all Actions, Suits, and Causes, whatsoever, as well Criminal as Civil, real, mixt, personal, or of any other Kind or Nature whatsoever: Which Laws so as aforesaid to be published, our Pleafure is, and we do enjoin, require, and command, shall be absolutely firm and available in Law; and that all the leige People of us, our Heirs and Successors, within the said Province or Territory, do observe and keep the same inviolably in those Parts, so far as they concern them, under the Pains and Penalties therein expressed, or to be expressed: Provided nevertheless, That the said Laws be consonant to Reason, and as near as may be conveniently, agreeable to the Laws and Customs of this our Realm of England.

AND because such Assemblies of Freeholders cannot be so suddenly called as there may be Occasion to require the same, we do therefore, by these Presents, give and grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns, by themselves, or their Magistrates, in that behalf lawfully authorized, full Power and Authority, from Time to Time, to make and ordain fit and wholsome Orders and Ordinances within the Province or Territory aforesaid, or any County, Baronny, or Province, within the same, to be kept and observed, as well for the keeping of the Peace, as for the better Government of the People there abiding, and to publish the fame to all to whom it may concern: Which Ordinances we do, by these Presents, straitly charge and command to be inviolably observed within the same Province, Counties, Territories, Baronnies, and Provinces, under the Penalties therein expressed; so as such Ordinances be reasonable, and not repugrepugnant or contrary, but, as near as may be, agreeable to the Laws and Statutes of this our Kingdom of England, and so as the same Ordinances do not extend to the binding, charging, or taking away the Right or Interest of any Person or Persons, in their Freehold, Goods. or Chattels, whatsoever.

AND to the End the said Province or Territory may be the more happily increased, by the Multitude of People resorting thither, and may likewise be the more strongly defended from the Incursions of Savages, and other Enemies, Pirates, and Robbers; therefore, we, for us, our Heirs and Successors, do give and grant, by these Presents, full Power, Licence, and Liberty, unto all the Liege People of us, our Heirs and Successors, in our Kingdom of England, and elsewhere, within any other our Dominions, Islands, Colonies, or Plantations, (excepting those who shall be especially forbidden) to transport themselves and Families into the said Province or Territory, with convenient Shipping and fitting Provision; and there to settle themselves, dwell, and inhabit: Any Law, Act, Statute, Ordinance, or other Thing, to the contrary, notwithstanding.

AND we will also, and of our especial Grace, for us, our Heirs and Successors, do streightly enjoin, ordain, constitute, and command, that the sfaid Province and Territory shall be of our Allegiance; and that all and singular the Subjects and Liege People of us, our Heirs and Successors, transported, or to be transported into the said Province, and the Children of them, and such as shall descend from them there born, or hereafter to be born, be, and shall be Dennizons and Lieges of us, our Heirs and Successors, 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 Successors, born within this our said Kingdom, or any other of our Dominions; and may inherit or otherwise purchase and receive, take, hold, buy and possess, any Lands, Tenements, or Hereditaments, within the said Places; and them may occupy and enjoy, sell, alien, and bequeath; as likewise, all Liberties, Franchises, and Privileges, of this our Kingdom, and of other our Dominions aforesaid, may freely and quietly have, possess, and enjoy, as our Liege People, born within the same, without the Moleslation, Vexation, Trouble, or Grievance, of us, our Heirs and Successors: Any Act, Statute, Ordinance, or Provision, to the contrary notwithstanding

AND furthermore, that our Subjects of this our said 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 especial Grace, certain Knowledge, and mere Motion, do give and grant, by Virtue of these Presents, as well to the said Edward Earl of Clarendpn, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley and their Heirs, as unto all Others as shall, from Time to Time, repair unto the said Province or Territory, with a Purpose to inhabit there, or to trade with the Natives thereof; full Liberty and Licence, to lade and freight, in every Port whatsoever, of us, our Heirs and Successors, and into the said Province of Carolina, by them, their Servants and Assigns,- to transport all and singular their Goods, Wares", and Merchandises; as likewise, all Sorts of Grain whatsoever, and any other Thing whatsoever, necessary for their Food and Cloathlng, not prohibited by the Laws and Statutes of our Kingdom and Dominigns, to be carried out of the fame, without any Let or Molestation of us, our Heirs and Successors, or of any other our Officers or Minister whatsoever; saving also unto us, our Heirs and Successors, the Customs, and other Duties and Payments, due for the said Wares and Merchandises, according to the several Rates of the Prices from whence the same shall be transported,

WE will also, and by these Prefents, for us, our Heirs and Successors, do give and grant Licence, by this our Charter, unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, and their Heirs and Assigns, and to all the Inhabitants and Dwellers in the Province or Territory aforesaid, both present and to come, full Power and absolute Authority to import or unlade, by themselves or their Servants, Factors, or Assigns, all Merchandises and Goods whatsoever that shall arise of the Fruits and Commodities of the said Province or Territory, either by Land or Sea, into any the Ports of us, our Heirs and Successors, in our. Kingdom of England, Scotland, or Ireland, or otherwise to dispose of the said Goods in the said Ports; and, if Need be, within One Year next after the unlading, to lade the said Merchandises and Goods against into the same or other Ships; and to export the same into any other Countries, either of our Dominions or Foreign, being in Amity with us, our Heirs and Successors, so as they pay such Customs, Subsidies, and other Duties, for the same, to us, our Heirs and Successors, as the rest of our Subjects of this our Kingdom, for the Time being, shall be bound to pay; beyond which, we will not, that the inhabitants of the said Province or Territory, shall be any ways charged: Provided nevertheless, and our Will and Pleasure is, and we have further, for the Considerations aforesaid, of our special Grace, certain Knowledge, and mere Motion, given and granted, and by these Presents, for us, our Heirs and Successors, do give and grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns, full and free Licence, Power, and Authority, at any Time or Times, from and after the Feast of St, Michael the Archangel, which shall be in the Year of our Lord Christ, One Thousand Six Hundred and Sixty Seven, as well to import and bring into any of our Dominions, from the said Province of Carolina, or any Part thereof, the several Goods herein after mentioned, that is to say, Silks, Wines, Raisins, Capers, Wax, Almonds, Oil, and Olives, without paying or answering to us, our Heirs and Successors, any Custom, Impost, or other Duty, for or in Respect thereof, for and during the Term and Space of Seven Years, to commence and be accounted from and after the Importation of Four Tons of any of the said Goods, in any one Bottom; Ship, or Vessel, from the said Province or Territory into any of our Dominions; as also, to export, and carry out of any of our Dominions, into the said Province or Territory, Custom-free, all Sorts of Tools which shall be useful or necsssary for the Planters there, in the Accommodation and Improvement of the Premises: Any Thing before in these Presents contained, or any Law, Act Statute, Prohibition, or other Matter or Thing, heretofore had, made enacted, or provided; in any-wise, notwithstanding.

AND further more of our mere ample and especial Grace, certain Knowledge, and mere Motion, we do, for us, our Heirs and Successors, grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Berkley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley their Heirs and Assigns, full and absolute Power and Authority, to make, erect; and consitute, within the said Province or territory, and the Isles and Islets aforesaid, such and so many Sea-Ports, Harbours, Creeks, and other Places, for Discharge and unlading of Goods and Merchandises, out of Ships, Boats, and other Vessels, and for lading of these in such and so many Places, with such Jurisdictions, Privileges, and Franchises, unto the said Ports belonging, as to them shall seem most expedient; and that all and singular the Ships, Boats, and other Vessels, which shall come for Merchandises and trade into the said Province or Territory, or shall depart out of the same, shall be laden and unladen at such Ports only as shall be erected and constituted by the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashey, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs and Assigns, and not elsewhere: Any Use, Custom, or Thing, to the Contrary, notwithstanding.

AND we do further will, appoint, and ordain, and by these Presents, for us, our Heirs and Successors, do grant unto the said Edward Earl of Clarendon, George Duke of Albermarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton and Sir William Berkeley, and their Heirs and Assigns, that they the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton and Sir William Berkeley, their Heirs and Assigns, may, from Time to Time, for ever, have and enjoy the Customs and Subsidises, in the Ports, Harbours, Creeks, and other Places within the Province aforesaid, payable for the Goods, Wares, and Merchandises there laded, or to be laded or unladed; the said Customs to be reasonably assessed, upon any Occasion, by themselves, and by and with the Consent of the free People, or the greater part of them, as aforesaid; to whom we give Power, by these Presents, for us, our Heirs and Successors, upon just Cause, and in due Propertion to assess and impose the same.

AND further, of our especial Grace, certain Knowledge, and mere Motion, we have given, granted, and confirmed, and by these Presents, for us, our Heirs and Successors, do give, grant, and confirm, unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns, full and absolute Power, Licence; and Authority, that they the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns, from Time to Time hereafter, for ever, at his and their Will and Pleasure; may assign, alien, grant, demise, or enfeoff, the Premises, or any part or Parcel thereof, to him or them that shall be willing to purchase the same, and to such Person and Persons as they shall think fit; to have and to hold to them, the said Person or Persons, their Heirs and Assigns, in Fee-simple, or in Fee-Tail, or for Term of Life or Lives, or Years; to be held of them the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns, by such Rents, Services, and Customs, as shall seem fit to them the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns, and not of us, our Heirs and Successors: And to the same Person and Persons, and to all and every of them, we do give and grant, by these Presents, for us, our Heirs and Successors, Licence, Authority, and Power, that such Person or Persons may have and take the Premises, or any Part thereof, of the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns; and the same to hold to themselves, their Heirs and Assigns, in what Estate of Inheritance soever, in Fee-Simple, or Fee-Tail, or otherwise, as to them the said Edward Earl of Clarendon; George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton; and Sir William Berkeley, their Heirs or Assigns, shall seem expedient; the Statute in the Parliament of Edward, Son of King Henry, heretofore King of England, our Predecessor, commonly called the Statute of Quia emptores Terrar, or any other Statute, Act, Ordinance, Use, Law, Custom, or any other Matter, Cause, or Thing, heretofore published or provided to the contrary, in any-wise, notwithstanding.

AND because many Persons, born and inhabiting in the said Province, for their Deserts and Services, may expect and be capable of Marks of Honour and Favour, which, in Respect of the great Distance, cannot be conveniently conferred by us; our Will and Pleasure therefore is, and we do by these Presents, give and grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, and their Heirs and Assigns, full Power and Authority, to give and confer unto and upon such of the Inhabitants of the said Province or Territory, as they shall think do or shall merit the same, such Marks of Favour and Titles of Honour, as they shall think fit; so as their Titles or Honours be not the same as are enjoyed by or conferred upon any of the Subjects of this our Kingdom of England.

AND further also, we do, by these Presents, for us, our Heirs and Successors, give and grant Licence, to the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, and their Heirs and Assigns, full Power, Liberty, and Licence, to erect, raise, and build, within the said Province and Places aforesaid, or any Part or Parts thereof, such and so many Forts, Fortresses, Castles, Cities, Boroughs, Towns, Villages, and other Fortifications whatsoever; and the same, or any of them, to fortify and furnish with Ordinance, Powder, Shot, Armour, and all other Weapons, Ammunition, and Habiliments of War, both defensive and offensive, as shall be thought fit and convenient, for the Safety and Welfare of the said Province and Places, or any Part thereof; and the same, or any of them, from Time to Time, as Occasion shall require, to dismantle, disfurnish, demolish, and pull down: And also to place, constitute, and appoint, in or over all or any of the said Castles, Forts, Fortifications, Cities, Towns, and Places aforesaid, Governors, Deputy-Governors, Magistrates, Sherifs, and other Officers, Civil and Military, as to them shall seem meet: And to the said Cities, Boroughs, Towns, Villages, or any other Place or Places, within the said Province or Territory, to grant Letters or Charters of Incorporation, with all Liberties, Franchises, and Privileges, requisite or usual, or to or within this our Kingdom of England granted or belonging; and in the same Cities, Boroughs, Towns, and other Places, to constitute, erect and appoint such and so many Markets, Marts, and Fairs, as shall, in that Behalf, be thought fit and necessary: And further also, to erect and make in the Province or Territory aforesaid, or any Part thereof, so many Manors, with such Signories as to them shall seem meet and convenient; and in every of the same Manors to have and to hold a Court-Baron, with all Things whatsoever which to a Court-Baron do belong; and to have and to hold Views of Frank-Pledge and Court-Leets, for the Conservation of the Peace and better Government of those Parts, with such Limits, Jurisdictions and Precincts, as by the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, or their Heirs, shall be appointed for that Purpose, with all Things whatsoever which to a Court-Leet, or View of Frank-Pledge, do belong; the same Courts to be holden by Stewards, to be deputed and authorised by the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, or their Heirs, by the Lords of the Manors and Leets, for the Time being, when the same shall be erected.

AND because that in so remote a Country, and situate among so many barbarous Nations, the Invasions of Savages and other Enemies, Pirates, and Robbers, may probably be feared; therefore, we have given, and for us, our Heirs and Successors, do give Power, by these Presents, unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their Heirs or Assigns, by themselves, or their Captains, or other Officers, to levy, muster, and train up all sorts of Men, of what Condition soever, or wheresoever born, whether in the said Province, or elsewhere, for the Time being; and to make War, and pursue the Enemies aforesaid, as well by Sea, as by Land; yea, even without the Limits of the said Province, and, by God's Assistance, to vanquish, and take them; and being taken, to put them to Death, by the Law of War, and to save them at their Pleasure, and to do all and every other Thing, which to the Charge and Office of a Captain General of an Army, hath had the same.

Also, our Will and Pleasure is, and by this our Charter, we do give and grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns, full Power, Liberty, and Authority, in Case of Rebellion, Tumult, or Sedition, (if any should happen, which God forbid) either upon the Land within the Province aforesaid, or upon the main Sea, in making a Voyage thither, or returning from thence, by him and themselves, their Captains, Deputies, or Officers, to be authorized under his or their Seals, for that Purpose; to whom also; for us, our Heirs and Successors, we do give and grant, by these Presents, full Power and Authority, to exercise Martial Law against any mutinous and seditious Persons of these Parts; such as shall refuse to submit themselves to their Government, or shall refuse to serve in the War, or shall fly to the Enemy, or forsake their Colours or Ensigns, or be Loyterers, or Straglers, or otherwise offending against Law, Custom, or Military Discipline; as freely and in as ample Manner and Form, as any Captain-General of an Army, by Virtue of his Office, might or hath accustomed to use the same.

AND our further Pleasure is, and by these Presents, for us, our Heirs and Successors, we do grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns, and to the Tenants and habitants of the said Province or Territory, both present and to come, and to every of them, that the said Province or Territory, and the Tenants and inhabitants thereof, shall not, from henceforth, be held or reputed any Member or Part of any Colony whatsoever in America, or elsewhere, now transported or made, or hereafter to be transported or made; nor shall be depending on, or subject to their Government in any Thing, but be absolutely separated and divided from the same; and our Pleasure is, by these Presents, that they be separated, and that they be subject immediately to our Crown of England, as depending thereof, for ever : And that the Inhabitants of the said Province or Territory, nor any of them, shall, at any Time hereafter, be compelled, or compellable, or be any way subject or liable to appear or answer to any Matter, Suit, Cause or Plaint whatsoever, out of the Province or Territory aforesaid, in any other of our Islands, Colonies, or Dominions in America, or elsewhere, other than in our Realm of England, and Dominion of Wales.

AND because it may happen that some of the People and Inhabitants of the said Province, cannot, in their private Opinions, conform to the Public Exercise of Religion, according to the Liturgy, Forms, and Ceremonies of the Church of England, or take and subscribe the Oaths and Articles made and established in that Behalf; and for that the aame, by Reaaon of the remote Diatances of thoae Places, will, as we hope, be no Breach of the Unity and Conformity eatabliahed in this Nation; our Will and Pleaaure therefore is, and we do, by these Presents, for us, our-Heirs and Successors, give and grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns, full and free Licence, Liberty, and Authority, by such Ways and Means as they shall think fit, to give and grant unto such Person and Persons, inhabiting and being within the said Province or Territory, hereby, or by the said recited Letters Patents mentioned to be granted as aforesaid, or any Part thereof, such Indulgences and Dispensations, in that Behalf, for and during such Time and Times, and with such Limitations and Restrictions, as they the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their Heirs or Assigns, shall, in their Discretion, think fit and reasonable: And that no Person or Persons unto whom such Liberty shall be given, shall be any way molested, punished, disquieted, or called in Question, for any Differences in Opinion, or Practice in Matters of religious Concernments, who do not actually disturb the Civil Peace of the Province, County or Colony, that they shall make their Abode in: But all and every such Perfon and Persons may, from Time to Time, and at all Times, freely and quietly have and enjoy his and their Judgments and Consciences, in Matters of Religion, throughout all the said Province or Colony, they behaving themselves peaceably, and not using this Liberty to Licentiousness, nor to the Civil Injury, or outward Disturbance of others: Any Law, Statute, or Clause, contained or to be contained, Usage or Custom of our Realm of England, to the contray hereof, in any-wise, notwithstanding.

AND in Case it shall happen, that any Doubts or Questions shall arise, concerning the true Sense and Understanding of any Word, Clause, or Sentence contained in this our present Charter; we will. Ordain, and command, that in all Times, and in all Things, such Interpreterpretations be made thereof, and allowed in all and every of our Courts whatsoever, as lawfully may be adjudged most advantageous and favourable to the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterer, Sir John Colleton, and Sir William Berkeley, their Heirs and Assigns, although express Mention, &c.

WITNESS Ourself, at Westminster, the Thirtieth Day of June, and the Seventeenth Year of Our Reign.

Per ipsum Regem.

GREAT DEEDof GRANT.

GEORGE Duke of Albemarle, Master of his Majesty’s Horse, Edward Earl of Clarendon; William Earl of Craven; John Lord Berkeley; Anthony lord Ashley; Chancellor of the Exchequer; Sir George Carteret, Vice-Chamberlain of his Majesty’s Houshold; Sir William Berkeley, Knight; and Sir John Colleton, Baronet; the true and absolute Lords Proprietors of all the Province of Carolina.

To our trusty and well-beloved SAMUEL STEPHENS, Esq; Governor of our County of Albemarle, and the Isles and Islets within Ten Leagues thereof; and to our trusty and well-beloved Councillors and Assistants to said Governor. Gretting.

WHEREAS we have received a Petition from the Grand Assembly of our County of Albemarle, praying, That the Inhabitants of said County may hold their Lands upon the same Terms and Conditions that the Inhabitants of Virginia hold theirs; and forasmuch as the said County doth border upon Virginia, and is much of the same Nature, We are content, and do grant, that the Inhabitants of said County do hold their Lands of us, the Lords Proprietors, upon the same Terms and Conditions that the Inhabitants of Virginia hold theirs; WHEREFORE, be it known unto all Men, by these Presents, That the, the said Lords and absolute Proprietors of the County within the Province aforesaid, have given, granted, and by these Presents, do give and grant, full Power and Authority unto you, the said Governor, by and with the Consent of out Council, or the major Part thereof, or to any Governor for the Time being, or that shall hereafter be by us appointed, full Power and Authority, by and with the Consent of our Council then being, or the major Part thereof, to convey and grant such Proportions of Land, as, by out Instructions and Concessions, annexed to our Commission, bearing Date in October, Anno Dom. 1667, we have appointed, to such Persons as shall come into out said County to plant or inhabit; to be held of us, our Heirs and Assigns, upon the same Terms and Conditions, that Land is at present usually Granted in Virginia; any thing in our Instructions and Concessions aforesaid to the contrary, notwithstanding: And we do hereby Declare and Consent, that the Warrant to the Surveyor for laying out of said Land, and the Return thereon, being Registred, and also the Grant of you our said Governor and Council, that shall be where such Land is due having the Seal of our Council, for the Time being, being Registred, shall be good and effectual in Law, for the Enjoyment of said Land or Plantation, and all the Benefits and Profits of, and in the same, (except one half of all the Gold and Silver Mines) to the Party of whom it is granted, his Heirs and Assigns, forever, he or they performing the Conditions aforesaid.

GIVEN under our Hands, and Great Seal of our Province, the first of May, Anno Dom. 1668.

Albemarle, Craven,
Berkeley, Ashley,
Carteret, Colleton,

ANNO REGNI

GEORGII I,

Regis Magnae, Britanniae, Franciae, & Hiberniae, Secundi.

Charles Eden, Esq; Governor.

At a General Biennial ASSEMBLY, held at the house of Capt. Richard Sanderson, at Little River, begun the 17th Day of November, 1715, and continued, by several Adjournments, until the 19th Day of January, 1715.

CHAP. I.

An Act, concerning Marriages. OBSOLETE.

CHAP. II.

An Act, concerning Transferring Rights. OBS.

CHAP. III.

An Act, concerning Defraying the Charges of the Governor and Council. OBS.

CHAP. IV.

An Act, Prohibiting Strangers Trading with the Indians. OBS.

CHAP. V.

An Act for the speedy Settlement of Lands. OBS.

CHAP. VI.

An Act, Exempting New-Comers from paying Levies for One Year. OBS.

Rep. by Act, April 4,1741.

CHAP. VII.

An act for better observing the Lord's Day called Sunday, the 30th of January, the 29th of May, and the 22d of September; and also for the Suppressing Prophaneness, Immorality, and divers other vicious and enormous Sins.

Rep. by Act April, 4 1741.

CHAP. VIII.

An Act, for Establishing the Church, and appointing select Vestries.

The Subtance of this Act provided for by the several Statutes of England made in Force in this Province by Act, Oct 16, 1749.

CHAP. IX.

An Act, for Liberty of Conscience, and that the Solemn Affirmation of the People called Quakers hall be accepted, instead of an Oath in the usual Form.

Rep. by his Majesty's Order.

CHAP. X.

An Act, relating to the Biennial, and other Assemblies; and regulating Elections and Members.

CHAP. XI.

Coroners appointed

I.BE it Enacted, by his Excellency the Palatine, and the rest of the true and absolute Lords Proprietors of Carolina, by and with the Advice and Consent of this present General Assembly, now met at Little River, for the North East part of the said Province, and it is hereby Enacted, Gvovernor to appoint Coroners for every precinct, by CommissionThat there shall be one able an substantial Freeholder appointed, to be Coroner in every Precinct which now is, or hereafter shall be laid out within this Government; which Officer the Governor or Commander in Chief for the Time being is hereby desired, authorised, and impowered, by Commission, under his Hand and Seal, to commissionate and appoint; who shall, by Virtue of this Act, and such Commission granted thereupon, be fully invested with all such Powers and Authorities as to the Office of a Coroner, by the Laws and Customs of the Kingdom of Great-Britain, doth of Right belong or appertain.

Coroner's Fee 16s. 8 d. II. AND be it further Enacted, by the Authority aforesaid, That every Coroner so appointed, may, and he is hereby impowered, to take and receive, for every Inquest by him made and taken, and returned into the Secretary's Office, (which he is hereby required, directed, and commanded, within Three Months, after the Date, to do,) the Sum of Sixteen Shillings and Eight Pence, for his own Fee.

Each juryman 12 d. per Diem. Constable 12 d. for each Juryman he summons. III. AND be it further Enacted, by the Authority aforesaid, That each Juryman shall be paid the Sum of Twelve Pence per Diem, and the Constable who summoneth the Jury, the Sum of One Shilling for every Juryman; the Whole to be levied, by a Warrant from the Coroner, upon the Estate of the Party on whose Body any Inquest shall be taken, if any such can be found: Otherwife such Charges to be paid out of the Public Treasury.

CHAP. XII.

An Act, for Qualification of Public Officers. OBS.

Rep. by Act, April 4, 1741.

CHAP. XIII.

An Act, to appoint Constables.

Rep. by Act, Dec 5, 1746.

CHAP. XIV.

An Act, relating to the Justices of the Court of Pleas, and to prevent the Commissioners and other inferior Officers of the said Court, pleading as Attornies.

Rep. by Act, Dec 5, 1746.

CHAP. XV.

An Act, ascertaining the Time and Method for the Executing and Return of Original Writs; and for the better regulating divers Proceedings in the Court of Pleas.

CHAP. XVI.

An Act, to direct the Method to be observed, in the Examination and Committment of Criminals.

I.BE it Enacted by his Excellency the Palatine, and the rest of the true and and absolute Lords' Proprietors of Carolina, by and with the Advice and Consent of this present General Assembly, new met at Little River, for the North-East part of the said Province and It is hereby Enacted, No Person shall be committed without Examination. That from henceforward, no Person within this Province shall be committed to Prison for any Criminal Matter, until Examination thereof be first had before some Magistrate; Magistrate shall admit to Bail, if Bailable The Magistrate shall admit the Party to Bail, if bailable, Shall record the Examination, & the Matter given in Evidence, against and for him and shall record the Examination of the party, and also the full Matter given in Evidence, both against and for him, with all concurring Circumstances; Shall take recognizance, to prosecute, and give evidence. and shall take Recognizance, with good and sufficient Securities, to our Soverign Lord the King, for the Informer to appear and prosecute, as the Laws of the Kingdom of Great-Britain and this Province do direct, and likewise for all Evidences for the King to appear, and give Evidence against the Criminal, at the next Court, where the Matter is cognizable, ensuing such Examination; And shall return to the next Court where the matter is to be tried, under Penalty of 5d. for every Neglect. Which Examination and Recognizances so taken, shall be returned to the Office of the Court wherein the Matter is to be tried, under the Penalty of Five Pounds for every Neglect; One half to the Lords Proprietors, and the other Half to him or them that shall sue for the same: To be recovered, in any Court within this Government, by Action of Debt, Bill, Plaint, or information, wherein no Essoin, Protection, Injunction, or Wager of Law, shall be allowed or admitted of.

Rep. by Act, Dec. 5, 1746, Chap. 2.

CHAP. XVII.

An Act concerning Evidences.

Rep. by Act, Dec. 5, 1746, Chap. 2.

CHAP. XVIII.

An act for the Relief of such Creditors whose Debtors having Lands in this Government depart without leaving Personal Estate sufficient to pay their Debts.

CHAP. XIX.

An Act concerning Escapes of Persons under Execution. OBS.

CHAP. XX.

An Act, to direct the Disposal of Goods taken upon Execution; and for the better Regulation of Distresses hereafter to be made, for Levies and Quit-Rents.

1.BE it Enacted, by his Excellency the Palatin, and the rest of the true and absolute Lords Proprietors of Carolina, by and with the Advice and Consent of this present General Assembly, now met at Little River, for the North East Part of the said Province, and by the Authority of the same, it is hereby Enacted, Where Goods are taken by Execution or Distress they shall remain with the Officer 10 Days; if not before redeem'd, then to be apprais'd by 4 Freeholders 2 to be nam'd by each party. That in all Cases whatsoever, where any Goods or Chattels shall be taken upon Execution, granted, or hereafter to be granted out of any Court, or by Distress for Taxes and Quit-Rents, the same shall remain in Custody of the Provost Marshal, or his Deputy, Constable, or such other Person levying or making Execution or Distress, for and during the Space of Ten Days; at the Determination of which Time, (if they are not before redeemed by the Person from whom they were taken,) they shall be appraised by four substantial Freeholders of the County, two to be chosen by the Party from whom they were taken, and the other two by the Party that is to be possessed of the same; If any Party fail name Appraissers, Officer may make Choice for him. and in Case it happens that both, or either Party or Parties, shall not make such Choice as aforesaid, then the said to Marshal, or his Deputy, Constable, or other Person, levying or making such Execution or Distress, shall make Choice, in Behalf of him, her, or them, who shall so neglect to make Choice; If Appraisers can't agree' they shall choose an Umpire, who, being sworn, shall determine the Matter. and if the Appraisers so nominated and appointed, (being first sworn before some Magistrate,) cannot agree in their Appraisement, then the sfaid Appraisers, or any Three of them, shall, and they are hereby impowered and required, to choose an Umpire, who (being also sworn as aforesaid,) shall detrmine the Matter; The Property of such Goods shall be in the party for whom they were taken, returning Overplus if any. and the Property of such Goods so appraised shall forthwith be in and to the Party for whom they were taken, he or they returning the Overplus (if any be) to the Person whose Goods or Effects shall be so taken in Execution, or distrained upon and appraised, after the original Debt, with all accruing Costs, are satisfied and paid out of the same.

If the Sum do not exceed 50s. then only two Appraisers. II. PROVIDED always, That in all Cases where the Sum taken by Execution or Distress, shall not exceed Fifty Shillings, there shall be only Two Appraisers, to be equally elected and nominated, as aforesaid.

Execution to be return'd to Court and there entred. III. AND be it further Enacted, by the Authority aforesaid, That the Provost. Marshal, or his Deputy, after Execution levied, shall make Return of the Execution to the Court that granted it, there to be entered upon Record; that so the Satisfaction, as well as the Judgment, may be apparently proved, if Need require.

Rep. by his Majesty's Order, in Council.

CHAP. XXI.

An Act, concerning Attornies from Foreign Parts, and for giving Priority to Country Debts.

CHAP. XXII.

An Act concerning Appeals, and Writs of Error.

Rep. by Act, Dec. 5, 1746. all but the 9th & 10th Sections; which are as follow. IX.BE it Enacted, by his Excellency the Palatine, and the rest of the true and absolute Lords Proprietors of Carolina, by and with the Advice and Consent of this present General Assembly, now met at Little River, for the North East Part of the said Province, and by the Authority of the same, it is hereby Enacted, That in Case any Suit or Matter should arise in the Court of Chancery, where the Governor or Commander in Chief of this Government for the Time being, may be a Party, or interested therein, it shall and may be lawful for any Four of the Members of the Court to fit and act therein, as tho' the said Governor or Commander were present, and not any ways interested, or a Party therein.

X. AND he it further Enacted, by the Authority aforesaid, That from and after the Ratification of this Act, every Member of the Council, or Lords Proprietors Deputy, shall, upon his entering into that Office, and before he presumes to give his Opinion or Determination in any Cause that shall come before him, take an Oath, That he will do Right to all Manner of Persons, according to the bell of his Judgment and Understanding of the Laws and Usages of the Kingdom of Great-Britain, under the Penalty and Forfeiture of One Hundred Pounds for every Month he shall neglect or refuse to take the same, One Half to the Lords Proprietors, the other to him or them that shall sue for the same: To be recovered, by Action of Debt, Bill, Plaint, or Information, in any Court of Record within the Government; wherein no Essoin, Injunction, Protection, or Wager of Law shall be allowed or admitted of.

Rep. by Act, March 6, 1738. Chap 6.

CHAP. XXIII.

An Act, to prevent the Inhabitants of Bath County bringing Actions in the General Court against one another, for less than Ten Pounds.

Rep. by Act, April 4, 1741. Chap, 15.

CHAP. XXIV.

An Act for the Tryal of small and mean Causes.

Rep. by Act, April 4, 1740. Chap. 12.

CHAP. XXV.

An Act for the better Regulation of the Militia of this Government.

The subject Matter of this Act regulated by the King's Instructions and Orders of Government here, therefore Obsolete.

CHAP. XXVI.

The Form of a Patent.

CHAP. XIII.

An Act, for the better fettling of the Town of Newbern, in the Precinct
of Craven.

Preamble I. WHEREAS a certain Plot of Ground, being Part of a Tract of Land, lying in the Fork of Neufe River, late belonging to the Honourable Col. Thomas Pollock, deceased, but now the Property of Mr. Cullen Pollock, was formerly laid out into a Township, by the Name of Newbern, with proper Allotments for a Church, Court-house, and Market-place; as by a Plot or Draught, upon Record in the Clerk's Office of Craven Precinct Court, will more plainly appear: Therefore, for the Advancement of the laid Town;

II. BE it Enacted, by his Excellency the Palatine, and the rest of the true and absolute Lords Proprietors of the Province of Carolina, by and with the Advice and Consent of the rest of the Members of the General Assembly, now met at Edenton, for the North-East Part of the said Province, and it is hereby Enacted, by the Authority of the same, That the said Land, as it is already laid out by the said Draught, together with as much other Land lying contiguous and most convenient to the said Town, to compleat a Township, as shall make the whole Two Hundred and Fifty Acres, reserving to the Owners thereof the Property of such Lots as are sold already by William Hancock, Attorney of the said Col. Thomas Pollock, is hereby and henceforward invested in Mr. Cullen Pollock, Mr. William Hancock, Jun. and Richard Graves, or any of them, for the Use aforewaid, Declared, Confirmed, and Incorporated into a Township, by the Name of Newbern; with all Privileges which ever have belonged to the said Town, or shall hereafter be expressed, for ever.

III. PURSUANT to which, It is hereby Enacted, by the Authority aforefaid, That the Places already laid out for a Church, Court-house, and Marketplace, be reserved for those Uses; and that the rest of the Land not already laid out, be forthwith laid out into Lots of Half an Acre each, with convenient Streets and Passages, with Fronts belonging to the said Lots, by the said Trustees, or any of them.

IV. AND be it further Enacted, by the Authority aforesaid, That Mr. Cullen Pollock shall be, and he is hereby appointed the present Treasurer and Receiver of the Monies arising by the Sale of the said Lots; and on his Death or Departure out of the Government, the First in Commission shall succeed, and be Treasurer for the Time being, he giving Security to the Justices of the said Precinct, that he will be accountable for the Money he shall receive by the Sale of the said Lots, unto the said Mr. Cullen Pollock, his Heirs or Assigns.

V. AND be it further Enacted, by the Authority aforesaid, That any Person whatsoever who is willing or desirous to be an Inhabitant of the said Town, shall have Liberty to take up any Lot or Lots so laid out as aforesaid, and not before taken up; which Lot or Lots the Commissioners afore appointed, or any of them, are hereby directed, required, and impowered, to grant, convey, and acknowledge, to the Person so taking up such Lots, and to his Heirs and Assigns, for ever, in Fee-Simple, upon the Payment of Twenty Shillings, Consideration-Money, with a Pepper Corn Yearly, if demanded, as an Acknowledgment to the said Cullen Pollock, his Heirs or Assigns, for ever, for each Lot: Which Twenty Shillings shall be paid to the said Cullen Pollock, the Owner of the said Land, and to his Heirs and Assigns.

Anno Regni

GEORGII II,

Regis, Magnæ Britannia, Franciæ, &
Hiberniæ, Vicessimo Quarto.

Gabriel Johnston, Esq; Governor.

At a General ASSEMBLY, held at Newbern, the Fifth Day of July, in the Year of our Lord One Thousand Seven Hundred and Fifty.

CHAP. I.

An Act, to appoint a Public Treasurer, in the Room of Eleazer Allen, Esq; deceased.

Preamble.I.WHEREAS by an Act, intituled, An Act, to appoint Public Treasurers, the Honourable Edward Moseley, Esq; was constituted Public Treasurer for the Counties of Craven, Carteret, Onslow, New-Hanover, Bladen, Johnston, Beaufort, and Hyde; and the said Office having become vacant by the Death of the said Edward Moseley: And whereas by an Act, intituled, An Act, to appoint a Public Treasurer in the Rsoom of the said Edward Moseley Esq; deceased, the Honourable Eleazer Allen, Esq; was constituted Public Treasurer, for the said Counties; and the said Office having become vacant by the Death of the said Eleazer Allen, Esq;

Treasurer appointed.

II. BE it therefore Enacted, by his Excellency Gabriel Johnston, Esq; Governor, by and with the Advice and Consent of his Majesty's Council, and the General Assembly of this Province, and by the Authority of the same, That John Starkey, Esq; be, and is hereby appointed Public Treasurer, for the Counties of Craven, Carteret, Onflow, New-Hanover, Bladen, Johnston, Beaufort, Hyde, Anson, and Duplin, in the Room of the said Eleazer Allen, Esq; deceased; which said Treasurer shall, before he enters upon his said Office, give Bond, with sufficient Sureties, to our Sovereign Lord the King, his Heirs and Successors, in the Sum of Two Thousand Pounds, lawful Money of Great-Britain, for the faithful Discharge of his said Office: Which Bond shall be lodged in the Secretary's Office.

Sherifs, &c. to pay all Public Monies in their Hands to the Treasurer. III. AND be it further Enacted, by the Authority aforeſaid, That the Sherifs, pay at Public County Treasurers, and all other Persons concerned, or who have been concerned, in the collecting and receiving any Public Money, within the resſpective Counties of Craven, Carteret, Onslow, New-Hanover, Bloden, Johnston, Beaufort, Hyde, Ansor, and Duplin, who have not already accounted for and paid the ſame to the aforeſaid Edward Moseley, Esq; or the said Eleazer Allen, Esq; deceased, or to the Committee of Accounts of both Houses, shall; upon Oath, account for and pay to the said John Starkey, Esq; all the Money so by them respectively received, or which by Law they ought to have received, and are accountable for; under the Penalty of Twenty Pounds, Proclamation Money.

Sherifs, &.c, concerned hereafter in collecting Public Monies, when to account with and pay it to the Treasurer.IV. AND be it further Enacted, by the Authority aforesaid, That all and every Sheriff and other Persons, who shall be concerned in the collecting and receiving the Public Monies hereafter to be collected and received; within the feveral Counties above-mentioned, shall, the Week after the succeeding General Court following the Time appointed by Law for their collecting or receiving thereof, upon Oath, account for and pay the fame to the Public Treasurer aforesaid, at Newbern; under the Penalty of Twenty Pounds, Proclamation Money.

Treasurer's Power to prosecute Sheriffs, &c.V. AND be it further Enacted, by the Authority aforesaid, That the said Public Treasurer is hereby authorized, impowered, and required, to sue and profecute all such Sherifs, County Treasurers, or other Accountants, their Heirs, Executors, or Administrators, or other Persons, who have heretofore been, or who shall hereafter be concerned, in the collecting or receiving the Public Money, or who have or shall, at any Time hereafter, have any of the said Money in their Hands, within any of the said Counties, and shall neglect or refuse to account for and pay the same; and also, on the several Bonds already given, of hereafter to be given, by each and every of the said Sherifs of the said Counties, County Treasurers, or other Persons in any of the said respective Counties, for the due and faithful Performance of their several Offices and Duties; and the Clerks of the several County Courts, and every other Person or Persons, having such Bond or Bonds, Account or Accounts, or other Papers, in his or their Keeping or Possesion, is and are hereby directed and required to deliver the same to the Public Treasurer aforesaid, of such County where the said Bond or Bonds was or were given, or Accounts or other Papers lodged, when he shall demand the same.

Treasurer to account with the Gen. Assembly VI. AND be it further Enacted, by the Authority aforesaid, that the said court with the Public Treasurer shall, from Time to Time, as often as required, upon Oath, Gen. Assembly. account for, and pay to the General Assembly, all such Sums of Money which he shall receive by Virtue of this Act; for which Trouble, he shall be allowed Five per Cent. on all the Monies by him received and paid into the Assembly, (except the Money he shall receive from the Executors either of the said Edward Moseley, Esq; or Eleazer Allen, Esq; which was lodged in the Hands of the said Edward Moseley, Essq; or Aleazer Allen, Esq; for building the Forts, and may deduct the same accordingly.

Penalties how recoverable and applied.VII. AND be it Enacted, That the Penalties in this A before mentioned, shall be sued for and recovered in the General Court of this Province, by Action of Debt, Bill, Plaint, or Information, wherein no Ession, Protection, Injunction, or Wager of Law, shall be allowed or admitted of; Two Thirds whereof to his Majesty, to be applied for the Use of the Public, and the other Third to the Treasurer aforesaid.

Penalty on the Treasurer, for neglecting to account with the Assembly. VIII. AND be it further Enacted by the Authority aforesaid, That if the said Public Treasurer shall negelct or refuse to account for and pay to the General Assembly, all such Sums of Money which he shall receive in Virtue of this Act, he shall forfeit and pay the Sum of Fifty Pounds, Proclamation Money, for each Neglect or Refusal; to be recovered, by Action of Debt, Bill, Plaint, or Information, in the General Court of this Province, by him or them that shall or will sue for the same: Two Thirds whereof to his Majesty, to be applied for the Use of the Public, and the other Third Part to the Prosecutor.

Continuance of the Act. IX. AND be it further Enacted, by the Authority aforesaid. That this Act thence to the End of the next Session of Assembly, and no longer.

CAHP. II.

An Act to repeal Part of a Clause in an Act intituled, An Act, for forming a. Rent-Roll of all the Lands holden in this Province, for quieting the Inhabitants in their Possessions, and for directing the Payment of Quit-Rents.

Preamble I.WHEREAS by a Clause in the Act of the General Assembly of this Province, passed the Fifteenth Day of October, in the Year of our Lord One Thousand Seven Hundred and Forty Eight, intituled. An Act, for forming a Rent-Roll of all the Lands holden in this Province, for quieting the Inhabitants in their Possessions and for directing the Payment of Quit-Rents, it is Enacted, That the Quit-Rents then after to be paid, for any Lands already granted, or that should then after be granted, within this Province, or which had been actually possessed by any Person for the Space of Twenty Years then last past, should be paid in Proclamation Money, at the Court-house in the County where such Land lieth, or in Inspectors Notes for Tobacco, at One Penny, Proclamation Money, per Pound, or Indigo, at Four Shillings, Proclamation Money, per Pound: And whereas it is apprehended, that many Inconveniences will happen from the Payment of the said Quit-Rents in Indigo, as aforesaid;

II. BE it therefore Enacted by his Excellency Gabriel Johnston, Esq; Governor, by and with the Advice and Consent of his Majesty's Council and the General Assembly of this Province, and by the Authority of the same. That all and so much the said recited Clause, as relates to the Payment of Quit-Rents in Indigo, shall be repealed, and it is hereby repealed accordingly; any thing in the said Clause, or any subsequent Act, or Clause of an Act, to the contrary thereof, in any-wise, notwithstanding.

CHAP. III.

An Act, for increaſing the Annual Allowance given to the Attorney-General, for his Trouble and Expences in riding the Circuits.

Preamble. I. WHEREAS by an Act of Assembly, passed at Newbern, the Twenty Seventh Day of March, in the Year of our Lord One Thousand Seven Hundred and Fifty, intituled, An additional Act to an Act, for fixing a Place for the Seat of Government, and for keeping Public Officers, for appointing Circuit Courts, and defraying the Expence thereof; it is, among other Things, Enacted, That the Attorney-General for the Time being, shall be paid, for each and every Court of Assize, Oyer and Terminer, and General Goal Delivery, which he shall attend at Edenton, at Wilmington, and at Edgecomb Court-houses, the Sum of Eleven Pounds Two Shillings and Three Pence, Proclamation Money, and no more: And whereas it is found, that the said Allowance to the Attorney-General, is insufficient to answer the said Purposes for which it was granted him;

Attorney-General’s Allowance for riding the Circuit.

II. BE it therefor Enacted, by his Excellency Gabriel Johnston, Esq; Governor, by and with the Advice and Consent of his Majesty’s Council, and the General Assembly of this Province, That the Attorney-General, for his Trouble and Expences in riding the Circuits, shall have and receive the Sum of Twenty Pounds, Proclamation Money, for each and every such Court he shall attend; any Thing in the above recited Act to the contrary, notwithstanding.

Continuance of the Act.

III. AND be it further Enacted, That this Act shall continue and be in Force for Four Years, next after the passing hereof, and from thence to the End of the next Session of Assembly, and no longer.

SIGNED by

Gabriel Johnston, Esq; Governor.

Nathaniel Rice, President.

Samual Swann, Speaker.

Acts paſſed 1715.

		Page
Chap. 11	COroners appointed.	2
Chap. 16	An Act, to direct the Method to be obſerved, in the Examination and Commitment of Criminals,	4

|- class="__toc_row_1-m-1 __toc_row_1-1-1 wst-toc-row-1-1-1 " style="" |Chap. 64. |An Act, impowring Johanna Peterſon, Widow of Thomas Peterſon,late of Albemarle County, Eſq; to make Sale of certain Lands, late belonging to the ſaid Thomas Peterſon; and to make other Proviſion for Anna, the Daughter of the ſaid Thomas Peterfon, to whom the Said Lands do deſcend, |40 |- class="__toc_row_1-m-1 __toc_row_1-1-1 wst-toc-row-1-1-1 " style="" |Chap. 65 |An Act, confirming the Titles, of sundry Perſons who have, or hereafter may purchaſe Lands of Col. Thomas Cary, in Bath County, |41 |- class="__toc_row_first-c wst-toc-row-c wst-toc-row-3c " |colspan=3|ACT paſſed 1720. |- class="__toc_row_1-m-1 __toc_row_1-1-1 wst-toc-row-1-1-1 " style="" |Chap. 6 |An Act, to confirm a Decree made in the Court of Chancery of this Province, upon a Bill of Complaint exhibited by William Duckenfield, Eſq; |44 |- class="__toc_row_first-c wst-toc-row-c wst-toc-row-3c " |colspan=3|ACTS paſſed 1722. |- class="__toc_row_1-m-1 __toc_row_1-1-1 wst-toc-row-1-1-1 " style="" |Chap. 1 |An Act, for a Road from Core-Point, on Pamptico, to Newhern, |47 |- class="__toc_row_1-m-1 __toc_row_1-1-1 wst-toc-row-1-1-1 " style="" |Chap. 3 |An additional Act; to an Act, intituled, An Act appointing Toll-Books, |48 |- class="__toc_row_1-m-1 __toc_row_1-1-1 wst-toc-row-1-1-1 " style="" |Chap. 5 |An Act, appointing that Part of Albemarle County lying on the Weſt Side of Chowan River, to be a Precinct, by the Name of Bertie Precinct, |49 |- class="__toc_row_1-m-1 __toc_row_1-1-1 wst-toc-row-1-1-1 " style="" |Chap. 7 |An Act, appointing that Part of the Southwell Pariſh of Chowan that lies on the South Shore, and Alligator, to be a distinct Pariſh, by the Name of the South Pariſh of Chowan; and for appointing Veſtrymen for the ſaid Pariſh, |50 |- class="__toc_row_1-m-1 __toc_row_1-1-1 wst-toc-row-1-1-1 " style="" |Chap. 8 |An Act, for ſettling the Precinct Courts, and Court-houſes, |51 |- class="__toc_row_first-c wst-toc-row-c wst-toc-row-3c " |colspan=3|ACTS paſſſed 1723. |- class="__toc_row_1-m-1 __toc_row_1-1-1 wst-toc-row-1-1-1 " style="" |Chap. 4 |An Act, for ſettling the Titles and Bounds of Lands, |54 |- class="__toc_row_1-m-1 __toc_row_1-1-1 wst-toc-row-1-1-1 " style="" |Chap. 5 |An Act, for an additional Tax on all free Negroes, Mulattoes, Muftees, and ſuch Perſons, Male and Female, as now are, or hereafter ſhall be, intermarried with any ſuch Perſons, reſident in this Government, |56 |- class="__toc_row_1-m-1 __toc_row_1-1-1 wst-toc-row-1-1-1 " style="" |Chap. 10 |An additional Act to an Act, intituled, An Act, concerning proving Wills, end granting Letters of Adminiſtration; and to prevent Frauds in the Management Inteſtate Eſtates, |58 |- class="__toc_row_1-m-1 __toc_row_1-1-1 wst-toc-row-1-1-1 " style="" |Chap. 11 |An Act, to reſtrain the keeping too great a Number of Horſes and Mares, and for amending the Breed, |59 |- class="__toc_row_1-m-1 __toc_row_1-1-1 wst-toc-row-1-1-1 " style="" |Chap. 13 |An Act, for the better ſettling the Town o Newhern, in the Precinct of Craven,61 | |- class="__toc_row_1-m-1 __toc_row_1-1-1 wst-toc-row-1-1-1 " style="" |Chap. 15 |An Act, for incorporating the Sea Port of Beaufort, in Craven Precind, into a Townſhip, by the Name of Beaufort, |62 |- class="__toc_row_first-c wst-toc-row-c wst-toc-row-ACT paſſed 1727.c " |colspan=ACT paſſed 1727.| |- class="__toc_row_1-m-1 __toc_row_1-1-1 wst-toc-row-1-1-1 " style="" |Chap. 7 |An Act, to appoint the Northweſt Part of Bertie Precinct a dictinct Pariſh, by the Name of the Northweſt Pariſh of Bertie Precinct, and for appointing Veſtrymen for the ſaid Pariſh, and to appoint Commiſſioners in every Pariſh in this Government, to call the Churchwardens and Veſtry to Account, for the Pariſh Money by them received, |68 |- class="__toc_row_first-c wst-toc-row-c wst-toc-row-ACTS paſſed 1729.c " |colspan=ACTS paſſed 1729.| |- class="__toc_row_1-m-1 __toc_row_1-1-1 wst-toc-row-1-1-1 " style="" |Chap. 2 |An Act, for the more quiet ſettling the Bounds of the Meherrin Indians Lands, |71 |- class="__toc_row_1-m-1 __toc_row_1-1-1 wst-toc-row-1-1-1 " style="" |Chap. 3 |An Act, to make Hyde Precinct ſeparate from Beaufort Precinct, with Power of erecting a Court-houſe, and holding Courts, |72 |- class="__toc_row_1-m-1 __toc_row_1-1-1 wst-toc-row-1-1-1 " style="" |Chap. 4 |An Act, to appoint that Part of Albemarle County, lying on the South Side of Albemarle Sound, and Morattuck River, as, high as the Rain-bow Banks, to be a Precinct, by the Name of Tyrel Precinct, |73 |- class="__toc_row_1-m-1 __toc_row_1-1-1 wst-toc-row-1-1-1 " style="" |Chap. 5 |An additional Act to an Act, for appointing Toll-Books, and for preventing People from driving Horses, Cattle, or Hogs, to other Persons Lands, |74 |- class="__toc_row_1-m-1 __toc_row_1-1-1 wst-toc-row-1-1-1 " style="" |Chap. 6 |An Act, for the more effectual and speedy putting in Execution the Act for settling the Titles and Bounds of Peoples Lands, |76 |- class="__toc_row_1-m-1 __toc_row_1-1-1 wst-toc-row-1-1-1 " style="" |Chap. 7 |An Act, to confirm Bath-Town Common, |76 |- class="__toc_row_first-c wst-toc-row-c wst-toc-row-3c " |colspan=3|ACTS palled 1734. |- class="__toc_row_1-m-1 __toc_row_1-1-1 wst-toc-row-1-1-1 " style="" |Chap. 6 |An additional Act to the Act, concerning Roads and Ferries, |80 |- class="__toc_row_1-m-1 __toc_row_1-1-1 wst-toc-row-1-1-1 " style="" |Chap. 8 |An Act to confirm and eſtabliſh the precincts of Onſlow and Bladen, and for appointing them diſtinct Pariſhes, |82 |- class="__toc_row_first-c wst-toc-row-c wst-toc-row-3c " |colspan=3|ACTS paſſed 1738. |- class="__toc_row_1-m-1 __toc_row_1-1-1 wst-toc-row-1-1-1 " style="" |Chap. 3 |An Act, for appointing Sherifs in the Room of Marſhals of this Province, for preſcribing the Method of appointing them, and tor limiting the Time of their Continuance in Office, and directing their Duty therein, and for aboliſhing the Office of Povoſt-Murſhal of this Province, and for altering the Names of the Precincts into Counties, |86 |- class="__toc_row_1-m-1 __toc_row_1-1-1 wst-toc-row-1-1-1 " style="" |Chap. 10 |An Act, to prevent killing Deer at unſeaſonable Times, |91 |- class="__toc_row_1-m-1 __toc_row_1-1-1 wst-toc-row-1-1-1 " style="" |Chap. 11 |An Act, for appointing a Town on the Plantation where William Webſter now dwelleth, in Hyde County, on the Well Side of Matchapungo River, 92 | |- class="__toc_row_first-c wst-toc-row-c wst-toc-row-ACT palled 1738.c " |colspan=ACT palled 1738.| |- class="__toc_row_1-m-1 __toc_row_1-1-1 wst-toc-row-1-1-1 " style="" |Chap. 1 |An Act, to ſupply the Defect of an Act paſſed laſt Seſſion of Aſſembly, intituled; An Act, for appointing Sheriſs in the Room of Marſhals of this Province; for preſcſibing the Method of appointing them, and for limiting the Time of their Continuance in Office, and directing their Duty therein, and for aboliſhing the Office of Provoſt-Marſhal of this Province; and for altering the Names of the Precincts into Counties, |95 |- class="__toc_row_first-c wst-toc-row-c wst-toc-row-ACTS paſſed 1739.c " |colspan=ACTS paſſed 1739.| |- class="__toc_row_1-m-1 __toc_row_1-1-1 wst-toc-row-1-1-1 " style="" |Chap. 3 |An Act, preſcribing the Manner of proving Book Debts, 97 | |- class="__toc_row_1-m-1 __toc_row_1-1-1 wst-toc-row-1-1-1 " style="" |Chap. 4 |An Act, for erecting the Village called Newton, in New-Hanover County, into a Town and Townſhip, by the Name of Wilmington; and regulating and aſcertaining the Bounds thereof, |99 |- class="__toc_row_first-c wst-toc-row-c wst-toc-row-ACTS paſſed 1740.c " |colspan=ACTS paſſed 1740.| |- class="__toc_row_1-m-1 __toc_row_1-1-1 wst-toc-row-1-1-1 " style="" |Chap. 1 |An Act, for confirming Titles to the Town Lands of Edenton, for ſecuring the Privileges heretofore granted to the ſaid Town, and for further Encouragement and better Regulation thereof, |103 |- class="__toc_row_1-m-1 __toc_row_1-1-1 wst-toc-row-1-1-1 " style="" |Chap. 2 |An Act, to enable the Commissioners herein after appointed, to erect and finiſh a Church in Newhern, in Craven County and Pariſh, in the Province aforeſaid, and for the better regulating the ſaid Town; and other Purpoſes therein mentioned, |108 |- class="__toc_row_1-m-1 __toc_row_1-1-1 wst-toc-row-1-1-1 " style="" |Chap. 3 |An Act, to enable the Commiſſioners herein after mentioned, to finiſh the Church already begun at. Edenton, |111 |- class="__toc_row_1-m-1 __toc_row_1-1-1 wst-toc-row-1-1-1 " style="" |Chap. 4 |An Act, for the further and better Regulation of the Town called Wilmington, in New-Hanover County, and to eſtabliſh the Church of the Pariſh of St. James to be built in the ſaid Town, |113 |- class="__toc_row_1-m-1 __toc_row_1-1-1 wst-toc-row-1-1-1 " style="" |Chap. 7 |An Act, for the more effectual Eſtabiſhing a Ferry from Bath-Town, to Core-Point, and from Core-Point, to Bath-Town; and for preventing any other Ferry within Ten Miles of the ſaid Town of Bath, or Core-Point, on the ſame Sides of the River, |116 |- class="__toc_row_1-m-1 __toc_row_1-1-1 wst-toc-row-1-1-1 " style="" |Chap. 9 |An Act, to exempt the Inhabitants of Bath-Town from working on the Public Roads, and to oblige the ſaid Inhabitants to clear and keep the Streets of the ſaid Town clear and in good Order, |117 |- class="__toc_row_1-m-1 __toc_row_1-1-1 wst-toc-row-1-1-1 " style="" |Chap. 10 |An Act, to enable the juſtices of Tyrel County, to build a Warehouſe on Scopernongs, for receiving of his Majeſty's Quit-Rents, |118 |- class="__toc_row_1-m-1 __toc_row_1-1-1 wst-toc-row-1-1-1 " style="" |Chap. 13 |An Act, for granting an Aid to his Majeſty, to defray the Expences of tranſporting the ſeveral Troops inliſted in his Majeſty's Service in this Colony, and to aſcertain the Method of paying all Taxes and Levies in Commodities; and for other Purpoſes therein mentioned,119 |

Page

ACTS paſſed 1741.

Chap. 1 An Act, concerning Marriages, 127

Chap. 4 An Act, to make and confirm that Part of the main Road leading from Bennet's Creek Bridge, to Virginia; joining to Mr. Henry Baker's, in Chowan County, altered, for the Conveniency of the Public, by the adjacent Inhabitants, to be the main and Public Road, 131

Chap. 5 An Act, to appoint Conſtables, 131

Chap. 7 An Act, to confirm and erect that Part of the Province called Edgcomb County, into a County, by the Name of Edgcomb County, and for eſtablſhing the ſaid County a Pariſh; and for aſcertaining the Boundary Line between the Northweſt and Society Pariſhes, 133

Chap. 8 An Act, to prevent ſtealing of Cattle and Hogs, and altering and defacing Marks and Brands, and miſmarking and miſbranding Horſes, Cattle, and Hogs, unmarked and unbranded, 135

Chap. 9 An Act, for aſcertaining the Boundary Line between Tyrel and Beaufort Counties, and between Edgecomb County, and Tyrel and Beaufort Counties, 137

Chap. 11 An Act, for reſtraining the talking of exceſſive Uſury, 138

Chap. 12 An Act, for appointing and laying out a Town on or near Mittam's Point, on the South Side of New-River, in Onſlow County, by the Name of Johnſton, 139

Chap. 13 An Act, to prevent the taking away Boats, Canoes, or Pettiaguas, from Landings, or elſewhere, without Leave, 141

Chap. 14 An Act, for the better Obſervation and keeping the Lord's Day, commonly called Sunday; and for the more effectual Suppreſſion of Vice and Immorality, 142

Chap. 15 An Act, for the Tryal of ſmall and mean Cauſes, 145

Chap. 16 An Act, for aſcertaining the Damage upon protected Bills of Exchange, 147

Chap. 17 An Act, for regulating Weights and Meaſures, 148

Chap. 18 An Act, for the building and maintaining of Court houſes, Priſons, and Stocks, in every County within this Province, and for appointing Rules to each County Priſon for Debtors, 150

Chap. 19 An Act, the better to enable the Commiſſioners appointed for building a Church at Newhern, to erect the ſame, and to impower them to demand and receive, of any Perſon or Perſons, all Pariſh Levies already laid and not appropriated; and for other Purpoſes therein mentioned, 151

Chap. 20 An Act, for regulating Ordinaries, and for Reſtraint of Tippling-houſes, 152

Chap. 21 An Act, for the Relief of ſuch Perſons as have ſuffered, or may ſuffer, by the Regiſters of the ſeveral Counties of this Province neglecting to regiſter their Deeds or meſne Conveyances, or who, through Ignorance or Neglect, have not had the ſame acknowledged, proved, and regiſtred, 155

Chap. 23 An Act, for eſtabliſhing the Church, for appointing Pariſhes, and the Method of electing Veſtries, and for directing the Settlement of Pariſh Accompts throughout this Government, 156

Chap. 24 An Act, concerning Servants and Slaves, 161

Chap. 1 An Act, for erecting the upper Part of Bertie County into a County, by the Name of Northampton County, and for regulating the Limits between Society Pariſh, and the Northweſt Parifh of Bertie; and for removing the Seat of Bertie County Court, 175

ACTS paſſed 1743.

Chap. 1 An Act, to regulate Elections for Members to ſerve in General Aſſembly for the ſeveral Counties, to declare who ſhall be qualified to vote in the laid Elections, or be elected a Member of the General Aſſembly for any of the ſaid Counties, and to direct the Method to be obſerved in taking the Poll at the ſeveral Elections in the Counties and Towns in this Province, 177

Chap. 2 An Act, for obtaining an exact Liſt of Taxables, and for the effectual collecting as well all Arrears of Taxes, as all other Taxes, for the future due and payable, 180

Page

Chap.⁠3⁠An Act to impower the Justices of Beaufort County, to build Two substantial Warehouses, at the Places hereafter mentioned, in the said County, for the Use and Conveniency of the Inhabitants paying their Taxes and Levies,182

Chap.⁠4⁠An Act, to ascertain what Attornies Fees shall be taxed and allowed, in any Suit or Action, brought in any of the Courts of Record in this Province,182

Chap.⁠6⁠An Act, for making and clearing a Highway from Edenton, into the Road leading over Mr. Hoskins's Mill-Dam, towards Pequimons Court-house, and for erecting Bridges in such Road, and also another Gate at Edenton,184

Chap.⁠7⁠An Act, for erecting a Court-house, Prison, and Stocks, in Bertie County, and for laying a Tax upon the Inhabitants of the said County for defraying the Charges thereof,185

ACTS passed 1745.

Chap.⁠2⁠An additional Act to an Act, intituled, An Act, for appointing Sherifs in the Room of Marshals of this Province, for prescribing the Method of appointing them, and limitting the Time of their Continuance in Office, and directing their Duty therein; and for abolishing the Office of Provost-Marshal of this Province; and for altering the Names of the Precincts into Counties,187

Chap.⁠3⁠An additional Act to an Act, intituled, An Act, to prevent killing Deer at unseasonable Times, and for putting a Stop to many Abuses committed by white Persons, under Pretence of hunting,188

Chap.⁠4⁠An Act, to repeal an Act passed at at Wilmington, in the Year of our Lord, 1741, intituled, An Act to establish Ports, or Places of Delivery of Merchandises, imported in, and exported out of this Province; and to prevent the clandestiine running of unaccustomed Goods in the several Ports thereof,190

Chap.⁠5⁠An Act, for impowering the several Commissioners herein after named, to make, mend, and repair all Roads, Bridges, Cuts, and Water-courses, already laid out, or hereafter to be laid out, in the several Counties and Districts herein after appointed, in such Manner as they judge most useful to the Public,190

Chap.⁠6⁠An Act, for erecting a Fortification on the lower Part of Cape-Fear River, for applying thereto the Powder-Money already arisen, or which shall arise, by Shipping coming into the Port of Brunswick,199

Chap.⁠7⁠An Act, to appoint Commissioners in the Place and Stead of those deceased, to compleat and finish the Church at Newbern, and for adding the present Churchwardens and Vestrymen to the said Commissioners; and for impowering the said Commissioners, Churchwardens, and Vestrymen, to call the former Commissioners to Account, for all the Monies by them received, for the Use of the said Church, and to appropriate it to the Purpose aforesaid, and, in Case of Insufficiency, to lay a Levy to accomplish the same,201

Chap.⁠8⁠An Act, to add that Part of the Province called Mattamuskeet, and Lake, to Hyde County,202

Chap.⁠9⁠An Act, to impower the Commissioners for the Town of Edenton, to keep in Repair the Town Fence, and to erect and build a Pound, Bridges, and Public Wharf, and Market-house; as also to erect and build a School-house in the said Town, and other Purposes therein mentioned,203

Chap.⁠10⁠ An Act, for the better regulating the Town of Wilmington, and for confirming and establishing the late Survey of the same, with the Plan annexed,204

Chap.⁠11⁠ An Act, for fencing the Town of Bath, and re-surveying the Common belonging to the said Town, and exempting the Inhabitants from working on the Main Road; and to give Liberty to the Innabitants to build and improve the Front or Water Lots, and to appoint Commissioners for the Purposes aforesaid,208

Chap.⁠12⁠ An Act, to encourage Percons to cettle in the Town of Brunswick, on the Southwest Side of Cape-Fear River,210

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' A

Chap. Chap.

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Chap.

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Chap.

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Chap.

I

T A B L E

of the

Titles

of the

Page. ACTS palled 1746. An Aft, for the better regiilaring the Militia of this Government, 215 An Ad:, for Erefting the upper i-'art of Craven County into a County and Parilh j and for appointing a Pluce for building a Court-houfe, Prifon, and Stocks, in the faid County, 219 An Ad, for dividing Edgcomh County and Parifli, and for .erefting the upper Part thereof into a County and Parifh, by the Name of Gran-vtlle County, and St. Jobjt?, Parilh •, and for appointing Veftrymen of the faid Parifh, 220 An Aft, for the better afcertaining the Number of Members to be chofen for the fsveral Counties within this Province, to fit and vote in General Ailembly ; and for Edablifhing a more equal Reprefentative of all his Majefty's Subjefts in the Ploufe of Burgcfies, , 223 Ah Aft, to fix a Place for the Seat of Government, and for keeping Public Offices -, for appointing Circuit Courts, and defraying the Expence thereof; and alfo for eftablifliJng the Courts of Jufcice, and regulating the Proceedings therein, 224 An Aft, for appointing Commiuioners to Revife and Print the Laws of this Province, and for granting to his Majclty, for defraying the Charge thereof, a Duty on Wine, Rum, and diftilled Liquors, and Rice, imported into this Province, 241

ACTS paiTed 1748. Chap. Chap. Chap. • A

Chap. Chap. Chap. Chap.

Chap. Chap. Chap.

Chap. Chap.

ACT S.

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•

x'^n Aft, to appoint Public Treafurcrs, 247 An Aft, for recfulating the feveral Gfficers Fees v/ithiri this Province, and afcertaining the Method of paying the fame, 250 An Aftj for laying aTax on the Inhabitants of Granville County, and for ap3 pointing CommilTioncrs to compleat and finilli the Public Buildings already begun in the faid County, ' ■ , 258 4 An Aft, to prevent the Exportation of raw Hides, Pieces of Hides, and Calf Skins, out of this Governmeht, 259 An Aft, to appoint Commifliontrs to continue running the Boundary Line be5 tween ii'^^cw?/'County, 'J'yreU and Part of 5f(7«/or/Counties, 261 An Aft, for deftroying Vermin in this Province, 261 6 7 An Aft, to enlarge the Time for the Commiflioners of the Roads appointed by the Act of AlTembly palled y?//'// 20, 1745, intituled. An A5i^ to impower the feveral CommiJJioners herein nfternamcd, to make^ niend, and repair all Roads., &Ci to recover the fcveral Sums due from Defaulters, 263 8 An Aft,' to provide indifierent Jurymen in all Caufes, both Civil and Criminal, and for an Allowance for their Attendance, 263 9 An Aft-, to alter the Times for holding the Courts for the County of NiwHcnover^ _ 266 10 An Aft, for granting unto his Majefty the Sum of Twenty One Thoufand Three Hundred and Fifty Pounds, Proclamation Money, and forflamping and emitting the faid Sum 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 Fortifications in this Province, Payment of the Public Debts, exchanging the prefent Bills of Credit, and for making proper Pfovifion for defri^j'ing the contingent Charges of the Government; and for • repealing the feveral Laws herein after mentioned^ 266 I An Act, to appoint a convenient Place for holding the County Court of Granville^i and to impower the Commiffioners hereafter named, to build a Courthoufe, Prifon, and Stocks, in the faid County, ^ -^ 271 2 An Act, for defraying the Expence of the Members of his Majefly's Honourable Council, and the Members of the General Afiembly of this Province, in their travelling to, from, and attending at the laid Aliemblies •, and to compell their Attendance, 272 1 2

Chap. A Chap.

3

Chap.

4

Chap.

5

Chap.

6

Chap,

7

Chap.

I

Chap.

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Chap.

4

Chap.

5

Chap.

6

Chap.

1

TABLE

of

the

Titles

of the

ACTS.

f

Page An Ad, for afcertalning die Bounds of a cerrain Traft of Land foriTierly laid out by Treaty to the Ufe of the rujkcroi-a Indians, fo long as they, or any of

hdians, 279 An A61, for formuig a Rerit-Roll of all the Lands holden in this Province, ior quieting the inhabitants in their Poficffions, and for directing the Payment of Quit-Rents, n-,^ All Ad, to appoint an Agent, to follicit the Affairs of this Province at the feveI'al Boards in England, 273 An Aft, for the better regulating the Town of Newhcrn, for fencing the fame, and fecuring the Titles of the feveral Perfons who hold Lots in the faid Town, 27^ An Ad, to alter and amend ail Aft, intittiled. An A^, fcr ap^ohitlng Ccmmiffioners to revife and print the Laws of tins Province -, ay:d fcr granting unto his Majefiy, fcr defraying the Charge thereof a Duty on Wi::c, Ruviy and d'filled Liquor St and Rice imported into this Province^ 283 ACTS palTed 1749. An additional A(5t to an Aft, intituled. An Atl, for forming a Rcnt-Roll of all the Lands hglden in, this Province, for quieting the Inhabitants in their Pojfeffions^ and for dire£iing the Payment of ^it-Rents, 28/; An Aft, for the Relief of poor Debtors, as to thfe Imprifonment of theiY Perfons, 287 An Aft, for the Encouragement of James Davis, to fet up, and carry on, his Bufmefs of a Printer, in this Province ■, and fcr other Purpofes therein mentioned, A 28a An Aft, direfting the Method for cutting or docking Intails of fmall Eftates, 291 An Aft, to put in Force in this Province, the feveral Statutes of the Kiugdom of England, or South-Britain, therein particularly meniionedi 293 An Aft, to revive a Claufe in an Aft of the General Aifembly of this Province, intituled, An A£f, to fix a Place for the Seat of Government, and for keeping Public Offices for appointing Circuit Courts, and defraying the Expence thereof t and alfo for EJlabliJhing the Courts of Jujtice, and regulating the Proceedinp therein; palled the Fifth Day of December, One Thoufand Seven Hundred and Forty Six, 004 An additional Aft to an Aft, intituled, AK Aofi to provide indifferent Jurymen in all Caufes, both Civil and Criminal, and for an Allowance for their Attendance, 005 An Aft, for altering, explaining^ and continuing an Aft, intituled, An All, for the better regulating the Militia of this Government, 305 An Aft, to appoint a Public Trcafurer, in the Room of Edward Mofeley, Efqj deceafed, 206 An Aft, to Confirm the feveral Afts of AfTembly of this Province therein mentioned, as Revifed by the CommifTioners appointed by an Aft of the General Affembly of this Province, intituled. An A51, for appointing Comraifficners toRevife and Print the Laws of this Province •, and for granting to his Majefty^ for defraying the Charge thereof, a Duty on JVine, Rum, and ^liflilkd Liquors^ and Rice imported into this Province; and fuch other t.aws of this Province as have been palTed finee the faid Revifal; and to direft the Printing of the faid Laws, ooS An Aft, for Erefting the Upper Part of New-Hanover County into a County and Parifh, by the Name of Duplin County, and St. Gabriel Parifh ; and fbr appointing a Place for building a Court-houfe, Prifon, and Stocks, in the iiid Coufltya 317 CL 4 Chapf Page

Chap. 2 An Act, for Erecting the Upper Part of Bladen County into a County and Parish, by the Name of Anson County, and St. Georges's Parish; and for appointing a Place for building a Court-house, Prison, and Stocks, in the said County, 319.

Chap. 3 An additional Act to an Act, for obtaining an exact List of Taxables; and for the effectual Collecting as well all Arrears of Taxes, as all other Taxes, for the future due and payable, 320

Chap. 4 An Act to enable the justices of the several Counties to provide certain Law Books, for the Use of their County Courts, 321

Chap. 5 An Act, to encourage Michael Higgins to build a Bridge over Trent River, near Wickliff's Ferry, in Craven County, 322

Chap. 6 An Act, for appointing and laying out a Town on the Plantation of Mr. Samuel Jordan, on the North Side of Roanoake River, in Northampton County; and for Establishing Two Fairs to be held Annually therein, 323

Chap. 7 An additional Act to an Act, intituled, An Act, to fix a Place for the Seat of Government, and for keeping Public Offices; for appointing Circuit Courts, and defraying the Expence thereof; and also, for Establishing the Courts of Justice, and regulating the Proceedings therein, 324

ACTS passed 1750.

Chap. 1 An Act, to appoint a Public Treasurer, in the Room of Eleazer Allen, Esq; deceased, 327

Chap. 2 An Act, to repeal Part of a Clause in Act, intituled, An Act, for forming a Rent-Roll of all the Lands holden in this Province, for quieting the Inhabitants in their Posesions, and for directing the Payment of Quit-Rents, 329

Chap. 3 An Act, for increasing the Allowance given to the Attorney-General, for his Trouble and Expences in riding the Circuits, 330