i,;-^
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Library of the
Tniversity of North Carolina
ItKlnwcd hj' the Dialectic and Philan-tliropic
Societies.
^^i- S". 7^ - IT 5^
k *
iT-niimmiiiti
COLLECTION
O F
All the PUBLIC
ACTS OF ASSEMBLY,
O F
The PROVINCE of
NORTH- CARO LINA:
Now in F O R C E and U S E.
Together with the TITLES of all fuch L.AWS as are Obfolete, Ex-pir'd,
or Repca,rc,
And alfo, an exad TABLE of the Titles of the ACTS in Force.
Revised by CommiJJicners appointed by an ASi of the GENERAL AS-SE
MB LT of the faid Pro'jince, for that Purpofe ; and Examined 'with the
Records^ and Confirmed infull Ajfembly.
t: -ir-- irr ^
•sr" 1
NEJVBBRN: Printed by James Davis, M,DCC,LII.
TO His EXCELLENCY
GABRIEL JOHNSTON, Efq;
Captain-General, Governor and Commander in
Chief, in and over His Majelly's Province oi ISonh-Carolma,
and Vice-Admiral of the fame.
May it pkafe Tour Excellency
COL. Mofeleyy the other Commiflioner concerned with me,
in the CoUeding, Compiling, Revifing, and Printing the
LAWS in Force in this Province, being dead, I alone
beg Leave to Dedicate Them to Your Excellency, as their Patron
and Prote6i:or j under whofe wife and prudent Adminiftration, the
grcateft Part of the beft of them have beeti formed.
FROM the known Benevolence of your Di{pofition, I am fa-tisfied,
it muft give You great Pleafure, Sir, That this WORK,
fo repeatedly recommended to the General AiTembly of this Pro-vince,
and fo long and earneftly defir'd by You \ hath been car-ried
on by Your favourable Influence, and finifhed during Your
Government.
A L T H O' the Subftance of each Law and Claufe of every
Law, in Force, is ftri(9^1y preferred \
yet, I am fenfible, they fall
greatly fhort of that Correi^nefs in Stile and Didiion, which may
be expe(9:ed in a Work of this Nature ; and, in thofe Points, will
not ftand an Examination, efpecially of fo difcerning a Judge as
Your Excellency : But as you are well acquainted with the many
Difficulties which attended us, in the performing this Service for the
Publick, I hope our Defeds will by You be favourably confidered.
I am Your Excellency's
Moft Dutiful and Obedient
Humble Servant,
SAMUELSWANN.
V -A^ -A- •^'" -A- '«*^ -<" -J^ -^^ '<'" "^ ^'^ "^ ."^ ."^ ."f^ /i'." .'fr ."^^ ,"*" .'i''' .Sh ."^ ."iy ."iy h
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K **- "!• 'W' -H*" *^' "IP- "^1^ 'W- "^r- •If' ".f- "a^ '^r- -^^
THE SECOND
Granted by King CHA RLES, II.
T O T H E
Proprietors oi CAROL INA,
CHARLES the Second, by the Grace of God, of Great-
Britain, France, and Ireland, King, Defender of the Faith,
&c. \V H E Pv E A S, by our Letters Patents, bearing Date
the Twenty Fourth Day of March, in the Fifteenth Year of
our 'Reign,. We were graciouily pleafed to grant unto our right trufty
and rieht well-beloved Coufin and Counfellor Edward Earl of Claren-don
our High Chancellor of England, our right trufty and entirely be-loved
Coufm and Counfellor George Duke oi Albemarle, Mafter of our.
Horfe J our right trufly and well-beloved William now Earl of Craven ;
our right trufcy and well-beloved Counfellor 'John Lord Berkeley ; our
rio-ht trufty and well-beloved Counfellor Anthojiy Lord AJJpley, Chan-cellor
of our Exchequer ; our right trufty and wcU-beloved Counfellor
Sir George Carteret, Knight and Baronet, Vice-Chancellor of our Houf-hold
; our right trufty and v/ell-belovcd Sir John Colleton, Knight and
Baronet ; and Sir William Berkeley, Knight ; all that Province, Terri-tory,
or Traft of Ground, called Carolina, fituate, lying and being with-in
our Dominions ol America; extending from the A^c/Y^ End of the
Ifland called Liike-Ijland, which lyeth in tlie Southern Virginia Seas,
and within Thirty Six Degrees of North Lattitudc ; and to the Weft, as
far as the South-Seas ; and fo refpedively as far as the River of Matthi-as,
which bordereth upon the Coaft of Florida, and within Thirty One
Degrees of Northern Lattitude j and fo Weji, in a diredt Line, as far as
the South-Seas aforefaid,
NOW Know ye. That We, at the humble Requeft of the faid
Grantees, in the aforefaid Letters Patents named, and as a further Mark
of our efpecial Favour to them, we are gracioufly pleafed to enlarge our
faid Grant unto them, according to the Bounds and Limits hereaftesr
fpecified, and in Favour to the pious and noble Purpofe of the the faid
Edivard Earl of Clarendon, George Duke of Albemarle, William Earl of
^ Craven^
Tbe Proprietors Second CHARTER.
Crave?!, 'John .Lord Berkeley, Anthony Lord Ajhley, Sir George Carteret^
Sir John Colleton, and Sir William Berkeley, their Heirs and AfTigns, all
that Province, Territory, or Trad: of Land, lituate, lying and being
within our Dominions of America aforefaid ; extending North and Eajt-ward,
as far as the North End of Currituck River or Lilet, upon a ftrait
Wejlerly Line to Wyonoak Creek, which lies within or about the the De-grees
of Thirty Six, and Thirty Minutes, Northern Lattitude ; and fo
Wefty in a dircd: Line, as far as the South-Seas ; and South and Wejl-ward,
as for as the Degrees of Twenty Nine, inclufive, o^ Northern Lat-titude
; and fo Weft, in a dired Line, as far as the South-Seas -, together
with all and fingular the Ports, Harbours, Bays, Rivers, and Inlets, be-longing
unto the Province or Territory aforefaid : And alfo, all the Soils,
Lands, Fields, Woods, Mountains, FermSj Lakes, Rivers, Bays, and
Iflets, fituate or being ¥/ithin the Bounds or Limits laft before mention-ed
; with the Fifhings of all Sorts of Fifh, Whales, Sturgeons, and all
other Royal Fi(h, in the Sea, Bays, Illets, and Rivers, within the Pre-mifcs,
and the Filh therein taken, together with the Royalty of the Sea
upon the Coafl within the Limits aforefiid ; and moreover all Veins,
Mines, and Quarries, as well difcovered as not difcovered, of Gold,
Silver, Gems, and precious Stones, Metal, or any other Thing, found,
or to be found, within the Province, Territory, Iflets^ and Limits a-forefaid
: And further more, the Patronage and Advowfons of all the
Churches and Chapels, which, as Chriflian Religion fliall increafe with-in
the Province, Territory, Illes, and Limits aforefaid, fhall happen
hereafter to be ereded ; together with Licenfe and Power to builij and
found Churches, Chapels, and Oratories, in convenient and fit Places,
within the faid Bounds and Limits j and to caufe them to be dedicated
and confecrated, according to the Ecclefiaftical Laws of our Kingdom
of England ; together with all and fingular the like and as ample Rights,
Jurifdidions, Privileges, Prerogatives, Royalties, Liberties, Immunities,
and Franehifes, of what Kind foever, within the Territory, Illes, Illets,
and Limits aforefaid : To have, hold^ ufe, exercife, and enjoy the fame,
as amply, fully, and in as ample Manner, as any Bifliop oi Durham, in
our Kingdom of England^ ever heretofore, had, held, ufed, or enjoyed,
or of Right ought of Could have, ufe, or enjoy : And them the faid
Edward Earl oi Clarendon^ George Duke oi Albemarle, William Earl of
Craven, John Lord Berkeley^ Anthony Lord Ajhley, Sir George Carteret,
Sir John Colleton, and Sir William Berkeley^ their Heirs and Afiigns, we
do, by thefe Prefents, for us, our Heirs and Succefi'ors, make, create,
and confi:itute, the true and abfolute Lords and Proprietors of the faid
Province or Territory, and of all other the Premifes j faving always
the Faith, Allegiance, and fovereign Dominion, due to us, our Heirs
and Succefibrs, for the fame : To hold, pofiefs, and enjoy the faid Pro-vince,
Territory, Iflets, and all and fingular other the Premifes, to them
the 'faid Edward Earl of Clarendon, George Duke of Albemarle, Willia7n
Earl of Craven, John Lord Berkeley, Anthony Lord Apley, Sir George
Carteret, Sir John Colleton, and Sir William Berkeley, their Heirs and
Afligns for ever ; to be holdcn of us, our Heirs and Succeflbrs, as of
our Manor of Eajl-Grecnwich, in Kent, in free and common Soccagej
and not in Capite, or by Knight's Service i Yielding and paying, Year-ly/
The Prcprictors Second CHARTER,
j!y, to us, our Heirs and Succeflbrs, for the fame, the Fourth Part of all
'Gold and Silver Oar, which, within the Limits hereby granted, fliall,
from Time to Time, happen to be found, over and belides the Yearly
Rent of Tv^-enty M:irks, and the Fourth Part of the Gold and Silver
Oir, in and by the faid written Letters Patent referved and payable.
AND thp.t the Province or Territory hereby granted and defcribed,
may be dignified with as large Tythes and Privileges, as any other Parts
of our Dominions and Territories in that Region J Know ye. That we,
of our further Grace, certain Knowledge, and mere Motion, have
thought fit to annex the fame Trad; of Ground or Territory unto the
fame Province of C^;W/W; and out of the FuUnefs of our Royal Power
and Prerogative, wc do, for us, our Heirs and SuccefTors, annex and
unite the fame to the faid Province of Carolina^
AND forafmuch as we have made and ordained the aforefaid Ed-^
ward Earl oi Clarendon^ George Duke oi Albemarle^ William Earl of Cra-ven,
yohn Lord Berkeley^ Anthony Lord AJl:ley, Sir George Carteret^ Sir
John Colleton, and Sir William Berkeley, their Heirs and AfTigns, the true
Lords and Proprietors of all the Province or Territory aforefaid j Know
ye therefore moreover. That we; repofing efpecial Trufl and Confidence
in their Fidelity, Wifdom, Juflice, and provident Circumfpe<flion, for
us, our Heirs and Succefibrs, do grant full and abfolute Power, by Vir-tue
of thefe Prefcnts, to them the faid Edward Earl of Clare?idori^
George Duke of Albemarle, William Earl of Craven, "John Lord Berke-ley,
Anthony Lord AJhley, Sir George Carteret, Sir John Colleton, and Sir
William Berkeley, their Heirs and Afligns, for the good and happy Go-vernment
of the faid whole Province or Territory, full Power and Au-thority,
to ere(5t, conflitute, and make feveral Counties, Baronnies, and
Colonies, of and within the faid Provinces, Territories, Lands, and He-reditaments,
in and by the faid Letters Patents, granted, or mentioned
to be granted, as aforefaid, with feveral and diftindl Jurifdidrions, Pow-ers,
Liberties, and Privileges : And alfo, to ordain^ make, and enad:,
and, under their Seals, to publifli any Laws and Conftitutions whatfo-ever,
either appurtaining to the Public State of the whole Province or
Territory, or of any diftind ot particular County, Baronny, or Colony,
br of or within the fame, or to the private Utility of particular Per-fons,
according to their beft Directions, by and with the Advice, Af-fent,
and Approbation, of the Freemen of the faid Province or Terri-tory,
or of the Freemen of the County, Baronny, or Colony, for which
fuch Law or Conftitution fliall be made, or the greater Part of them,
or of their Delegates or Deputies, whom, for enacting of the faid Laws,
when, and as often as Need fhall require. We will, that the fliid Ed-ward
Earl of Clarendon, George Duke of Albemarle, William Earl of
Craven, John Lord Berkeley, Anthony Lord AJhley, Sir George Carteret^
Sir John Colleton, and Sir William Berkeley, and their Heirs or Afligns,
ihall, from Time to Time, aflemble, in fuch Manner and Form as to
them fliall feem befl ; and the fame Laws duly to execute, upon all
People within the faid Province or Territory, County, Baronny, or Co-lony,
or the Limits thereof, for the Time being, which fhall be confli-tutedj
The Proprietors Second C H A R T E R,
tuted, under the Power, and Government of them or any of them, ei-ther
fliiling towards the faid Province,^ or Territory of Carolina, or re-
.turning from thence towards Eiigland, or any other of our, or Foreign
Dominions, by Impolition of Penalties, Imprifonment, or any other
Punifhment ; yea, if it iliall be needful, and the Quality of the Offence
require it, by taking away Member and Life, either by them the faid Ed~
nvard Earl of CIare?ido??y George Duke of Albemarle, William Earl of Cra~
"oen, John Lord Berkeley, Antlmiy Lord Ajhley, Sir George Carteret,
Sir 'John Colleton^ and Sir JVilliam Berkeky, and their Fleirs, or by them,
or their Deputies, Lieutenants, Judges, Juftices, Magiftrates, or Of-ficers,
whatfoever, as well within the faid Province, as at Sea, in fiich
Manner and Form as unto the faid Edward Earl of Clarejidon, George
Duke of Albemarle, William Earl of Craven, John Lord Berkeky, An-thony
hovd AJJs'ley, Sir George Carteret, Sir John Colleron, Siud Sir Wil-liam
Berkeley, and their Heirs, (hall feem moft convenient : And alfo,
to remit, reieafe, pardon, and abolifli, whether before Judgment or af-ter,
all Crimes and Offences whatfoever, againff the faid Laws ; and to
do all and every Thing and Things, which, unto the compieat Efta-blilhment
of Juftice, unto Courts, Seffions, and Forms of Judicature,
and Manners of proceeding therein, do belong, altho* in thefe Prefents,
exprefs Mention is not made thereof ; and by Judges to him or them
delegated, to award Procefs, hold Pleas, and determine, in all the faid
Courts and Places of Judicature, all Adticns, Suits, and Caufes, what-foever,
as well Criminal as Civil, real, mixt. perfonal, or of any other
Kind or Nature whatfoever : Which Laws fo as aforelaid to be pub-lished,
our Pleafure is, and we do enjoin, require, and command, fhall
be ablolutely firm and available in Law ; and that all the leige People
of us, our Heirs and Succeffors, within the faid Province or Territory,
do obferve and keep the fame inviolably in thofe Parts, fo far as they
concern them, under the Pains and Penalties therein expreffed, or
to be expreffed : Provided ncverthelefs. That the faid Laws be con-fonant
to Reafon, and as near as may be conveniently, agreeable to the
Laws and Cuffoms of this our Realm of E?igland.
AND becaufe fuch Affemblles of Freeholders cannot be fo fuddenly
called as there may be Occalion to require the fame, we do therefore,
by thefe Prefents, give and grant unto the faid Edward Earl of Claren^
don, George Duke of Albemarle^ William Earl of Craven, John Lord
Berkeley, Antko?iy Lord j^hley. Sir George Carterety Sir John Colleton^
and Sir William Berkeley, their Heirs and Affigns, by thcmfelves, or
their Magiftrates, in that behalf lawfully authorized, full Power and
Authority, from Time to Time, to make- and ordain fit and wholfome
Orders and Ordinances within the Province or Territory aforefaid, or any
County, Baronny, or Province, within the fame, to be kept and obferved,
as well for the keeping of the Peace, as for the better Government of
the People there abiding, and to publifh the fame to all to whorn it
may concern : Which Ordinances we do, by thefe Prefents, ftraitly
charge and command to be inviolably obferved witliin the fame Pro-vince,
Counties, Territories, Baronnies, and Provinces, under the Pe-nalties
therein expreffed -, fo as fuch Ordinances be reafonable, and not
rep^g-
The Proprietors Second CHARTER.
repugnant or contrary, but, as near as may be, agreeable to the Laws
and Statutes of this our Kingdom of Ef?gla?2d -, and lb as the fame Or-dinances
do not extend to the binding, charging, or taking aw*uy the
Right or Interell of any Perfon or PerfonSj in their Freehold, Goods,
or Chattels, whatfoever.
A N D to the End the faid Province or Territory may be the more
happily increafed, by the Multitude of People reforting thither, and
may likewife be the more flrongly defended from the Incurfions of Sa-vages,
and other Enemies, Pirates, and Robbers ; therefore, we, for
us, our Heirs and SuccelTors, do give and grant, by thefe Prefents, full
Power, Licence, and Liberty, unto all the Liege People of us, our
Heirs and SuccelTors, in our Kingdom of England^ and ellewhere, with-in
any other our Dominions, Illands, Colonies, or Plantations, (except-ing
thofe who Ihall be efpecialiy forbidden) to tranfport themfclves and
Families into the £iid Province or Territory, with convenient Shipping
and fitting Provifion ; and there to fettle themfelves, dwell, and inha-bit
: Any Law, Ad:, Statute, Ordinance, or other Thingj to the con-trary,
notwithflanding.
AND We will alfo, and of our efpecial Grace, for lis, our Heirs
and SuccefTors, do ftreightly enjoin, ordain, conltitufe, and command,
that the faid Province and Territory Ihall be of our Allegiance j and that
all and Angular the Subjects cmd Liege People of us, our Heirs and Suc-ceffors,
tranfported, or to be tranfported into the faid Province, and the
Children of them, and fuch as Ihall defcend from them there born, or
hereafter to be born, be, and fliall be Dennizons and Lieges of us, our
Heirs and Succeflbrs, 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 SuccefTors, born within this our faid Kingdom, or any
other of our Dominions ; and may inherit or otherwifc purchafe and re-ceive,
take, hold, buy and polTefs, any Lands, Tenements, or Heredi-taments,
within the faid Places, and them may occupy and enjoy, fell,
alien, and bequeath j as likewife, all Liberties, Franchifes, and Privile-ges,
of this our Kingdom, and of other our Dominions afbrefaid, may
freely and quietly have, polTefs, and enjoy, as our Liege People, born
within the fame, v/ithout the Moleflation, Vexation, Trouble, or
Grievance^ of us, our Heirs and SuccefTors : Any A6t, Statute, Ordi-nance,
or Provifion, to the contrary, notwithflanding.
.AND farthefmoTe, that ouf Subjedls of this our faid Kingdom of
Ejigland^ and other our Dominions, may be the rather encouraged
to undertake this Expedition, with ready and chearful Means ; Know
ye, That we, of our efpecial Grace, certain Knowledge, and mere Mo-tion,
do give and grant, by Virtue of thefe Prefents, as well to the faid
Edward Earl of Clarendon, George Duke of Albemarle, William Earl of
Craven, 'John Lord Berkeley, Anthony Lord AJlAey, Sir George Carteret^
Sir John Colleton, and Sir William Berkeley, and their Heirs, as unto all
others as fhall, from Time to Time, repair unto the faid Province or
Territory, with a Purpofe to inhabit there, or to trade with the Natives
b there-
Vi The Prcpriefors Seco?id CHARTER.
thereof; full Liberty and Licence, to lade and freight, in every Port
whatfoever, of us, our Heirs and Succellbrs, and into the faid Province
of Carolina, by them, their Servants and AfTigns, to tranfport all and
fingular their Goods, Wares, and Merchandifes ; ?s likev^ife, all Sorts
of Grain whatfoever, and any other Thing whatfoever, neceffary for
their Food and Cloathing, not prohibited by the Laws and Statutes of
our Kingdom and Dominigns, to be carried out^ of the fame, without
any Let or Moieftation of us, our Heirs and Succellbrs, or of any other
our Officers or Minifters whatfoever ; faving alfo unto us, our Heirs and
Succeflbrs, the Cufhoms, and other Duties and Payments, due for the
faid Wares arid Merchandifes, according to the feveral Rates of the
Places from whence the fame Ihall be tranfported.
W E will alfoj and by thefe Prefents, for us, our Heirs and Succef-fors,
do give and grant Licence, by this our Charter, unto the faid Ed^
ivard Earl of Clarendon, George Duke of Albemarle, William Earl of
Craven, John Lord Berkeley, Anthony Lord AJhley^ Sir George Carteret,
Sir 'John Colleton, and Sir William Berkeley, and their Heirs and Affigns,
and to all the Inhabitants and Dwellers in the Province or Territory a-forefaid,
both prefent and to come, full Power and abfolute Authority,
to import or unlade, by themfelves or their Servants, Fadors, or Af-figns,
all Merchandifes and Goods whatfoever that fhall arife of the
Fruits and Commodities of the faid Province or Territory, either by
Land or Sea, into any the Ports of us, our Heirs and SucceiTors, in our
Kingdom of England^ Scotland, or Ireland, or otherwifc to difpofe of
the faid Goods in the faid Ports ; and, if Need be, within One Year
next after the unlading, to lade the faid Merchandifes and Goods again
into the fame or other Ships ; and to export the fame into any other
Countries, either of our Dominions or Foreign, being in Amity with u$,'
our Heirs and Succeffors,- fo as they pay fuch Cuftoms, Subfidies, and
cither Duties, for the fame, to us, our Heirs and SucceiTors, as the rci^
of our Subjects of this our Kingdom, for the Time being, fhall be bound
to pay ; beyond which,, we will not, that the Inhabitants of the faid
Province or Territory, fhall be any ways charged : Pro'vided nevertbelefsy
and our Will and Pleafure is, and we have further, for the Confidera-tions
aforefaid, of our fpecial Grace, certain Knowledge, and mere Mo-tion,
given and granted, and by thefe Prefents, for us, our Heirs and
SucceiTors, do give and grant unto the laid Edivard Earl of Clarendon^
George Duke of Albemarle, William Earl of Craven^ John Lord Berke-ley,
Anthony Lord Afiley, Sir George Carteret^ Sir John Colleton, and Sir
William Berkeleyy their Heirs and Affigns, full and free Licence, Power,
and Authority, at any Time or Times, from and after the Feaft of St.
Michael the Archangel, which fhall be in the Year of our Lord Chrifl
One Thoufand Six Hundred and Sixty Seven, as well to import and:
bring into any of our Dominions, from the faid Province of Carolina,
or any Part thereof, the feveral Goods herein after mentioned j that is
to fay. Silks, Wines, Raifins, Capers, Wax, Almonds, Oil^ and 0«
lives, without paying or anfwering to us, our Heirs and Succeflbrs, any
Cuflom, Impofl, or other Duty, for or in Refpedt thereof, for and du-ring
the Term and Space of Seven Years, to commence and be ac-counted^
The Proprietors Second CHARTER. vii
counted from and after the Importation of Four Tons of any of the
faid Goods, in any one Bottomj Ship, or VefTel, from the faid Province
or Territory^ into any of our Dominions ; as alfo, to export, and carry
out of any of our DominionSj into the faid Province or Territory, Cuf-tom-
free, all Sores of Tools w^hich fhall be ufeful or necelTary for the
Planters there, in the Accommodation and Improvement of the Premi-fes
: Any Thing before in thefe Prefents contained, or any Law, Acl,
Statute, Prohibition, or other Matter or Thing, heretofore had, made,
cnaded, or provided, in any-Vvrifej notwithftanding,
AND further movt^ of our more ample and efpetial Grace, cer-tain
Knov^^ledge, and mere Motion, we do, for us, our Heirs and Suc-ccffors,
grant uiito the faid Edivard Earl of Clarendon, George Duke of
Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord
Ajhley, Sir George Carteret, Sir Jokn Colleton, and Sir IVilliam Berkeley^
their Heirs and Affigns, full and abfolute Power and Authority, to
make, eredlj and conftitute; within the faid Province or Territory, and
the Ifles and Iflets aforefaid, fuch and fo many Sea-Ports, Harbours,
Creeks, and other Places, for Difcharge and unlading of Goods and
Merchandifes, out of Ships, Boats, and other Veffels, and for lading
of them, in fuch and fo many Places, with fuch Jurifdidlions, Privi-leges,
and Franchifes, unto the faid Ports belonging, as to them fhall
feem moft expedient ; and that all and fingular the Ships, Boats, and
other VeiTels, which fliall come for Merchandifes and trade into the
faid Province or Territory, or fliall depart out of the fame, fhall be
laden and unladen at futh Ports only as fhall be erefted and conftituted
by the faid Edward Earl of Clarendon, George Duke of Albemarle, Wil-liam
Earl of Craven, John Lord Berkeley, Anthony Lord AJhley, Sir
George Qarteret, Sir john Colleton, and Sir William Berkeley, their Heirs
and Affigns, and not elfewhere : Any Ufcj Cuflom, or Thing, to the
Contrary, notv^ithflanding.
AND we do further will, appoint, and ordain, and by thefe Pre-fents,
for usj our Heirs and Succeffors, do grant unto the faid Ed-
-ward Earl of Clarend-M, George Duke of Albemarle, Willia?n Earl of Cra-ven,
John Lord Berkeley, Anthony Lord Afiley, Sir George Carteret^,
Sir John Colleton, and Sir William Berkeley, and their Heirs and Affigns,
that they the faid Edward Earl of Clarendo?i, George Duke of Albe-marle,
William Earl of Craven, John Lord Berkeley, Anthony Lord AJh-
/9', Sir George Carteret, Sir John Colleton, and "Sir William Berkeley^
their Heirs and Affigns, may, from Time to Time, for ever, have and
enjoy the Cuftoms and Subfidies, in the Ports, Harbours, Creeks, and
other Places within the Province aforefaid, payable for the Goods^
Wares, and Merchandifes there ladedj or to be laded or unladed ; the
faid Cuftoms to be reafonably affeffed, upon any Occafion, by them-
^Ives, and by and with the Confent of the free People, or the greater
Part of the: 11, as aforefaid j to whom we give Power, by thefe Prefents,
for us, our Heirs and Succeffors, upon juft Caufe, and in due Propor-iion^
to affefs and impofe the fame.
AN0
Viii Tie. Proprietors Second C H A R T E R.
AND further, ' of our efpecial Grace, certain Knowledge, and mere
Motion, We have given, granted, and confirmed; and by thefe Pre-fents,
for us, our Heirs and SuccelTors, do give, grant, and confirm,
i unto the fiid Edvjard Earl of Clare?idon, George Duke of Albemarle^
! 7ViHiam Edii oi' Craven, John Lord Berkeley, Antbcjiy 'Lord Jfjley, Sir
;
George Carteret, Sir John Colleton, and Sir V/illtam Berkeley, their Heirs
and Affigns, full and abfolute Power, Licence; and Authority, that
tiicy the laid Edivard Earl of Clarendon, George Duke of Albemarle^
I William Earl of Craven, John Lord Berkeley, Anthony Lord AJhley, Sir'
tr George Carteret, Sir John Colleton, and Sir V/illiam Berkeley, their Heirs
ti and Afligns, from Time to Time hereafter, for ever, at his and their
1 Will and Plcafure, may affign, alien, grant, demife, or enfeoff, the
y Premifes, or any Part or Parcel thereof, to him or them that fhall be
i willing to purchafe the fame, and to fuch Perfon and Perfons as they
fliall think fit j to have and to hold to theih, the faid Perfon or Perfons,
i their Heirs and Affigns, in Fee-Simple, or in Fee-Tail, or for Term of
/ Life or Lives, or Years ; to be held of them the faid Edward Earl of
Clarendon, George Duke of Albemarle, William Earl of Craven, John
Lord Berkeley, Anthony Lord AJhley, Sir George Carteret, Sir John Col-leton,
and Sir William Be/keley, their Heirs and AfTigns, by fuch Renis,
Services, and Cuftoms, as fliall feem fit to them the faid Edicard Earl
of Clarendon, George Duke of Albemarle, William Earl of Craven, John
Lord Berkeley, Anthony Lord AJhley, Sir George Carteret, Sir John Colle-ton,
and Sir William Berkeley, their Heirs t\A Affigns, and not of us,
our Heirs and SuccelTors : And to the fame Perfon and Perfons, and to
all and every of them, we do give and grant, by thefe Prcfcnts, for us,
our Heirs and Succelibrs, Licence, Authority, and Power, that fuch
Perfon or Perfons may have and take the Premifes, or any Part thereof,
of the laid Edward Earl of Clarendon, George Duke of Albemarle, Wil-liam
Earl of Craven, John Lard Berkeley, Anthony Lofd AJl^ley, Sir
George Carteret, Si'r John Colleton, and Sir William B}rkeley, their Heirs'
and Affigns ; and the fime to hold to themfelvcs, their Heirs and Af-figns,
in what Eftate of Inheritance foever, in Fee-Simple, or Fee-Tail,
or otherwife, as to them the faid Edward Earl of Clarendon, George
Duke of Albemarle, William Earl of Craven, John Lord Berkeley, An-thony
Lord Ap^ley, Sir , George Carteret, Sir John Colleton, and Sir Wil-liam
Berkeley, their Heirs or Affigns, fhall feem expedient j the Statute
in the Parliament of Edward, Son of King Henry, heretoiore King of
Englaiid, our PredecefiTor, commonly called the Statute of ^ia emptores
\terrar, or any other Statute, Aft, Ordinance, Ufe, Law, Cuflom, or
-any other Matter, Gaufe, or Thing, heretofore publiffied or provided
to the contrary, in any-wife, notwithflanding.
A N i) beCaufe many Perfons, born and inhabiting in the faid Pro-vince,
for their Deferts and Services, may expeft and be capable of
Marks of Honour and Favour, which, in Refpeft of the great Difi:ance,
cannot be conveniently conferred by us j our Will and Pleafure there-fore
is, and we do by thefe Prefents, give and grant unto the faid E^-
w^r^ Earl of Clarefidon, George Duke of Albemarle, William Earl of Cr^-
"i^en, John Lord Berkeley, Anthony Lord Apley, Sir George Carteret,
Tbe Froprietors Second CHARTER.
3ir JcJm CoI!ct077, and Sir JViUiam Berkeley^ and their Heirs and Affigns,
full Power and Authority, to give and confer unto and iipon fiich of
the Inhabitants of the laid Pr.ovincc or Territory, as they fhall think
do or fhall merit the fame, luch Marks of Favour and Titles of Ho-nour,
as they fliall think lit; fo as their Titles or^Honours be not the
fame as are enjoyed by or conferred upon any of the Subjeds of this
our Kingdom oi Rngland.
AND filrther alio, we do, by thefc Prefents, for us, our Heirs and
SuccelTors, give and grant Licence, to the faid Edward Earl of Cla-re7idon^
George Duke of Albemarle, WilUajn Earl of Craven, yohn Lord
Berkeley, Anthony Lord AJhlcy, Sir George Carteret, Sir "John Colleton,
and Sir William Berkeley, and their Heirs and Affigns, full Power, Li-berty,
and Licence, to eredt, raife, and build, within the faid Province
and Places aforeiliid, or any Part or Parts thereof, fuch and fo many
Forts, FortrelTes, Caflles, Cities, Boroughs, Towns, Villages, and other
Fortifications whatfoever ; and the fame, or any of them, to fortify and
furnifli with Ordinance, Powder, Shot, Armour, and all other Wea-pons,
Ammunition, and Habiliments of War, both defcnfive and of-fenfive,
as fliall be thought ft and convenient, for the Safety and Welfare
of the faid Province and Places, or any Part thereof; and the fame,
or any of them, from Time to Time, as Occafion lliall require, to dlf-mantle,
disfurnilh, demollfli, and pull down : And alfo to place, con-ftltute,
and appoint, in or over all or any of the faid Caltles, Forts,
Fortifications, Cities, Towns, and Places aforelaid. Governors, Deputy-
Governors, Maglilrates, Sherlfs, and other Officers, Civil and Military,
as to them fhall fcem meet : And to the faid Cities, Boroughs, Towns,
Villages, or any other Place or Places, within the, laid Province or Ter-ritory,
to grant Letters 6r Charters of Incorporation, with all Liberties,
Franchifes, and Privileges, requlfite or ufual^ or to or within this our
Kingdom oi England granted or belonging ; and In the^fame Cities, Bo-roughs,
Tov/ns, and^ other Places, to conflitute, eredt 'and appoint fuch
and fo many Markets, Marts, and Fairs, as fhall, in that Behalf, be
thought fit and necelTary : An# fiirther alfo, to ered and make In the
Province or Territory aforefaid, or any Part thereof, fo many Manors,
with fuch Signories as to them Ihall feem meet and convenient ; and In
every of the fame Manors to have and to hold a Court-Baron, with all
Things whatfoever which to a Court-Baron do belong ; and to have and
to hold Views of Frank-Pledge and Court-Leets, for the Confervatlon
of the Peace^and better GoVernrnent of thofe Parts, with fuch Limits,
Jurlfdiaions* and Precinas, .as by the faid Edward Earl of Clarendon,
George Duke oi Albemarle* William Earl of Craven, "John Lord Berkeley
,
A?ithony Lord AJhley, Sir George Carteret, Sir John Colleton, and Sir Wil-liam
Berkeley, or their Heirs, Ihall be appointed for that Purpofe, with
all Things whatfoever which to a Court-Leet, or View of Frank-
Pledge, do belong ; the fame Courts to be holden by Stewards, to be
deputed And authorlfed by the faid Edward Earl of Clare?idon, George
Duke of Albetnarle, William Earl of Craven, John Lord Berkeley, An-thony
.Lord Ajliley, Sir George Carteret, Sir John Colleton, and Sir Wil-liam
Berkeley, or their Heirs, by the Lords of the Manors and Leets^
for the Time being, when the fame ihall be creded.
c AND
The Proprietors Second C H A R 1' E R.
f
AND becaufe that in fo remote a CountrVj and fituate among fo
many barbarous Nations, tlie Invafions of Savages and other Enemies,
Pirates, and Robbers, may probably be feared j therefore, we have given,
and for us, our Heirs and SuccciTors, do give Pov/er, by thefe Prefents,
unto the faid Edward Earl of Clarendofi^ George Duke of Albcjnarlc^
William Earl of Cj-a'ven, yohn Lord Berkeley, A?ithony Lord Ajhley, Sir
George Carteret, Sir 'John Colleton, and Sir Williajn Berkeley, their Heirs
or Affigns, by themfelves, or their. Captains, or other Officers, to levy,
mufter, and train up all forts of Men, of v/hat Condition foever, or
wherefoever born, whether in the faid Province, or elfewhere, for the
Time being j and to make War, and purfue the Enemies aforefaid, as
well by Sea, as by Land ; yea, even without the Limits of the faid Pro-vince,
and, by God's Affiftance, to vanquifli, and take them j and being
taken, to put them to Death, by the Law of War, and to fave them at
their Pleafure, and to do all and every other Thing, which to the Charge
and Office of a Captain General of an Army, hath had the fame.
Alfo, our Will and Pleafure is, and by this our Charter, we do
give and grant unto the faid Edivard Earl of Clarendon, George Duke
of Albemarle, WilUa?n Earl of Craven, John Lord Berkeley, Anthojiy
Lord AJJjley, Sir George Carteret, Sir yohn Colleton, and Sir JVillia?n
Berkeley, their- Heirs and Affigns, full Power, Liberty, and Authority,
in Cafe of Rebellion, Tumult, or Sedition, (if any fliould l:iappen,.
which God forbid) either upon the Land within the Province afore-laid,
or upon the main Sea, in* making a Voyage thither, or returning
from thence, by him and themfelves, their Captains, Deputies, or Of-ficers,
to be authorized under his or their Seals, for that Purpofe ; to
whom alfo, for us, our Heirs and Succefibrs, we do give and grant,
by thefe Prefents, full Power and Authority, to exercife Martial Law
againft any mutinpus and feditious Perfons of thefe Parts ; fuch as fhall
tefufe to fubmit themfelves to their Government, or fhall refufe to ferve
in the War, or fliall fly to the Encm)' or forfake their Colours or
Enfigns, or be Loyterers, or Straglers, or otherwife offending againfl
Law, Cuftom, or Military Difcipline ; as freely and in as ample Man-ner
and Form, as any Captain-General of an Army, by Virtue of his
Office, might or hath accuftomed to ufe the fame.
AND our further Pleafure is, and by thefe Prefents,. for us, our
Heirs and Succeffors, we do grant unto the faid Edivard Earl of Cla~
rendon, George Duke of Albe^narle, William Earl of Craven, John Lord
Berkeley,' Ajithony Lord Apley, Sir George Carteret, Sir John Colleton^
and Sir William Berkeley, their Pleirs and Affigns, and to the Tenants
and Inhabitants of the faid Province or Territory, both prefent and to
come, and to every of them,' that the faid Province or Territory, and
the Tenants and inhabitants thereof, Ihall not, from henceforth, be
held or reputed any Member, or Part of any Colony whatfoevcr in
America, or elfewhere, now tranfported or made, or hereafter to be
tranfported or made ; nor fhall be depending on, or fubjed: to their Go-
\yemment in any Thing, but be abfolutely feparated and divided from
the
The Proprietors Second CHARTER. xl
the fame; and our Ple?fure is, by thefe Prefents, that they be feparated,
and that they be fubje(5t immediately to our Crown of England, as de-pending
thereof, for ever : And that the Inhabitants of the faid Province
or Territory, nor any of them, fhall, at any .Time hereafter, be com-pelled,
or compellablej or be any way sfubjcd or liable to appear or an-fwer
to any Matter, Suit, Caufe or Plaint whatfoever, out of the Pro-vince
or Territory aforefaid, in any other of our Iflands, Colonics, or
Dominions in Amcrkc, or elfewhere, other than in our Realm of
England, and Dominion of Wales.
AND becaufe it may happen that* fome of the People and Inhabi-tants
of the faid Province, cannot, in their private Opinions, conform
to the Public Exercifs of Religion, according to the Liturgy, Forms,
and Ceremonies of the Church of England, or take and fubfcribe the
Oaths and Articles made ai'id eflabliflied in that Behalf j and for that the
fame, by Reafon of the remote Dillances of thofe Places, will, as we
hope, be no Breach of the Unity and Conformity eflabliflied in this Nati-on
; our Will and Pleafure therefore is, and we do, by thefe Prefents, for
us, our Pleirs and Succeflbrs, give and grant iinto the faid Edward
Earl of Clarendon, George Duke of Albemarle, William Earl of Craven,
"John Lord Berkeley, Anthony Lord Afiley, Sir George Carteret, Sir yohn
Colleton, and Sir William Berkeley, their Heirs and Affigns, full and free
Licence, Liberty, and Authority, by fuch Ways and Means as they
fhall think iit, to give and grant unto fuch Perfon and Perfons, inha-biting
and being within the faid Province or Territory, hereby, or by
the faid recited X^etters Patents mentioned to be granted as aforefaid, or
any Part thereof, fuch Indulgences and Difpenfations, in that Behalf,
for and during fuch Time and Times, and with fuch Limitations and
Reftridlions, as they the faid Edward 'Ezvl of Clarendon, George Duke of
Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord
AJhley, Sir George Carteret, Sk'jfohn Colleton, and Sir William Berkeley
^
their Heirs or Aifigns, ihall, in their Difcretion, think fit and reafonable:
And that no Perfon or Perfons unto whom fuch Liberty fhall be given,
fliall be any way molefled, puniflied, difquieted, or called in Queftion,
for any Differences in Opinion, or Practice in Pvlatters of religious
Concernments, who do not actually diflurb the Civil Peace of the Pro-vince,
County or Colony, that they lliall make their Abode in : But
all and every fuch Perfon and Perfons may, from Time to Time, and at
all Times, freely and quietly have and enjoy liis and their Judgments
and Confciences, in Matters of Religion, throughout all the laid Pro-vince
or Colony, they behaving themfelves peaceably, and not ufing
this Liberty to Licentioufnefs, nor to the Civil Injury, or outward Di-flurbance
of others : Any Law, Statute, or Claufe, contained or to be
contained, Uiage or Cuftom of our Realm of England, to the contrray
hereof, in any-wife, notwithflanding.
A N D in Cafe it fhall happen, that any Doubts or Queflions flialt
arife, concerning the true Senfe and Underflanding of any Word,
Claufe, or Sentence contained, in this our prefent Charter; we will,
ordain, and command, that in all Times, and in all Things, fuch In-terpret
xii The Froprieton Second C H A R T E R.
terpretations be made thereof, and allowed in all and every of our Courts
ivhatfoever, as lawfully may be adjudged moft advantageous and favour-able
to the faid Edward Earl of C/arendon, Gecrge Duke of Albemarle^
William Earl of Craven, John Lord Berkeley, Anthony Lord Apley,
Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their
Heirs and Affigns, although exprefs Mention, ^c.
WITNESS Ourfelf, at Wejlminfier, the Thirtieth Day of June,
in the Seventeenth Year of Our Reign.
Rer ipfum Regem,
GREAT DEED of GRANT.
GEORGE Duke oi Albemarle, Mafter of his Majefly's Horfe ; Ed'-
ward Earl of Clarendon j William Earl of Craven j 'John Lord Ber^
keley 3 Anthony Lord AJIJey, Chancellor of the Exchequer ; Sir
George Carteret^ Vice-Chamberlain of his Majefty's Houfhold j Sir
William Berkeley, Knight j and Sir 'John Colleton^ Baronet j the tru«
and atffolute Lords Proprietors of all the Province of Carolina.
Yo our trufty and well-beloved SAMUEL STEP HElSfS, Efqj
Governor of our County of Albemarle^ and the liles and lilets within
Ten Leagues thereof) and to our trufty and well-beiovedCounciU
lors and Affiftants to our faid Governor. Greetings WHE R E A S we have received a Petition from the Grand
AfTembly of our County o£ Albemarle, praying, That the
Inhabitants of the faid County liiay hold their Lands upon
the fame Terms and Conditions that the Inhabitants of*
Plrginia hold theirs j and forafmuch as the faid County doth border
upon Virginia, and is much of the fame Nature, We are content, and
do grautj that the Inhabitants of the faid County do hold their Lands
of us, the Lords Pfoprietors^ upon the fame Terms and Conditions that
the Inhabitants of Virginia hold theirs : WHEREFORE, be it
known unto all Meni by thefe Prefents, That wcj the faid Lords and
abfolute Proprietors of the County within the Province aforefaid, have
given, grantedj and by thcfc Prefents, do give and grant, full Power
iand Authority unto ^ou, the faid Governor, by and with the Confent of
our Council, or the major Part thereof^ or to any Governor for the
Time being, or that fhall hereafter be by us appointed, full Power and
Authority^ by and with the Confent of our Council then being, or the
tnajor Part thereof, to convey and grant fuch Proportions of Land, as,
by our Inftrud:ions and Conccflions, annexed to our Commiflionj bear-ing
Date in OBober, Anno Dom. ttby^ we have appointed, to fuch
Perfons as fhiall come into our faid County to plant or inhabit 3 to be
held of us 4 dur Heirs and AflignSj upon the fame Terms and Condi-tionSj
that Land is at prcfent ufually Granted in Virginia 3 any thing in
our Inflructions and Concefhons aforefaid to the contrary, notwithftand-ing
: And we do hereby Declare and Confent, that the Warrant to the
Surveyor for the laying out of faid Land^ and the Return thereon, be-ing
Regiftred, and alfo the Grant of you our faid Governor and Coun*
di, that Ihall be where fuch Land is due having the Seal of the Country
affix'd to it, and figned by your felf, and major Part of our Council^
for the Time being, being Regiftred, fhall be good and effed:ual in
LaWj for the Enjoyment of the faid Land or Plantation, and all the
Benefits and Profits of, and in the fame, (except one half of all Gold
and Silver Mines) to the Party to whom it is granted, his Heirs and
Affigns, forever, he or they performing the Conditions aforefaid. GIVEN under our Hands^ and Gnat Seal of our Province, the
frji of May, A/mo Dom. 1668.
Albemarle, Craverti
Berkeley, AJloleyy
Carteret^ dlletoH^
/ l../-^>-l^^'>
LA IV S of North-Carolina.
A D. 1715.
i^K^(A^i^uiSWl^^ akl'^»ki. iif^ ^i.^'l ^i^4s)^ ^(i\L^i/2)^ ^kt^'^ aa<^^9M. 4i)<^^^-^^
ANNO REGNI
G E O R G I I I
Regis Magnae, Britanniae, Franciae^ &; Hi-herniae,
Secundi. ^ -'
At a General Biennial ASSEMBLY, held at the Houfe ^"^^.'e^
of Capt. Richard SaackrJoN, at Ltttk River, begun the °'''"""''
I'/th Day oi November, 17 15, and continued, by leveral
Adjournments, until the 19th Day of J<wumj, 1715.
C H A P. I.
An Adf, concerning Marriages. OBSOLETE.
C H A P. II.
An ASfy concerning Transferring Rights. O B S.
CHAP. III.
An A5fy concerning Defraying the Charges of the Governor and CounciL
OBS.
C H A P. IV,
An ASly Prohibiting Strangers Trading with the Indians. O B S»
A W H iV ha
L A IV S of North-Carolina.
ji. D. 1715. CHAP. V.
Jin ABy for the fpeedy Settlement of Lands. O B S.
CHAP. VI.
An A6tf Exempting New-Comers from paying Levies for One Tear.
OBS.
CHAP. VII.
^fu^'i^^i'^' -^^ -^^> fi^ ^^'^ better ohferving the Lord's Day called Sunday, the ^oth
0/ January, the 29/^ 0/ May, and the 22d oj September; and alfo for
the SuppreJJing Prophanenefs^ Immorality^ and divers other vicious and
enormous Sins,
CHAP. VIII.
Rep. by Art, A- jf^ j^^^ for EJlabUJhing the Churchy and appointing feleB Vefiries.
C H A P. IX.
The SubftjDce of ^n AB^ for Liberty of Co?fcience, and that the Solemn Afirmation of the
for'b^ o,rf vS People called fakers JJ^all be accepted, infiead of an Oath in the ufual
Statutes of En. Vnrm
gland, mnrte in rUI m.
Force in this
Prnvince by Aft, _____^.^____^_^__________^_^______________^______^_^._____^_^^_______.„ ._______,_»
oa. i6, 1749.
CHAP. X.
Rep. by Vs Ma. An A5l, relating to the Biennial^ and other Affemblies^ and regulating
3e
y
I r er.
EleSlions and Me?nbers.
CHAP. XI.
Coroners appointed.
I. TJ E it Enacted, hy his Excellency the Palatine, and the reft of the true and
X3 al^folute Lords Proprietors of Carolina, by and with the Advice and Con'
fent of this prefent General AJfembly, now met at Little River, for the North Eaft
Snt"" c !on?r'. P^rt of the faid Province, and it is hereby Enacted, That there fliall be one able
dna'T"
^"" ^"^ fubftantial Freeholder appointed, to be Coroner in every Precind which now
'riiiiion,
^
*^'""'
is, or hereafter fhall be laid out within this Government •, which Officer the Go-vernor
L A IV S of North-Carolina.
vernor or Commander in Chief tor the Time being is hereby defired, authorifed,
and impowered, by Commiffion, under his Hand and Seal, to commiffionate
and appoint ; who Ihall, by Virtue of this Ad, and fuch Commifllon granted
thereupon, be fully invefted with all fuch Powers and Authorities as to the Office
of a Coroner, by the Laws and Cuftoms of the Kingdom of Great-Britain^ doth
of Right belong or appertain.
II. AND be it further Enabled, by the Authority aforefaid^ That every Core- corontr-s Fee
ner fo appointed, may, and he is hereby impowered, to take and receive, for *^'- *'^-
every Inqueft by him made and taken, and returned into the Secretary's Office,
(which he is hereby required, direfted, and commanded, within Three Months,
after the Date, to do,) the Sum of Sixteen Shillings and Eight Pence, for his
own Fee.
III. AND be it further EnaSied, by the Authority aforefaid. That each Jury- Each jurymaa
man Ihall be paid the Sum of Twelve Pence fer Diem, and the Conftable who cinftfbL^iTi
fummoneth the Jury, the Sum of One Shilling for every Juryman ; the Whole for each jaryl
to be levied, by a Warrant from the Coroner, upon the Eftate of the Party on "^^^.u^
'^*'""
whofe Body any Inqueft fhall be taken, if any fuch can be found : Otherwife fuch
Charges to be paid out of die Public Treafury.
CHAP. XII.
An ASIy for ^alifcation of Public Officers. O B S.
CHAP. XIII,
An A5ly to appoint Conjlables, Rep. by Aa, a.
CHAP. XIV.
An AB, relating fo the Jujlices of the Court of Tieas^ and to prevent the Rep. by as,
Commijjjoners and other inferior Officers of the faid Court^ pleading as
^"' ^' '^'^^°
Attornies,
CHAP. XV.
An AB, afcertaining the Time and Method for the Executing and Return Rep. by as,
of Original IVrits
', and for the better regulating divers Proceedings in ^"'^* *^***
the Court of Pleas,
CHAE
L A H^ S o/' North-Carolina.
^ D. 1715.
CHAP. XVI.
jin A5iy to direB the Method to he obferwd, in the Examination and Corn-viitmcnt
of Criminals.
'BE h EnoEled^ hy his Excellency the Palatine, and the reji of the true and
_ and o.bjcliite herds Proprietors of Carolina, by and wUh the Advice and
Conjivt of this prefent General /jjfcmbly, new met at Little River, for the North-
1^0 Perfon ftiii ^^^^ Part of the Jaid Province^ and it is hereby EnaSicd^ That from hencefor-
K c, mir tird, ward, no Pcrfon within this Jt"rovince fhall be committed to i'rifon fqr any Cri-wt
,ait xami.
fj^ij^^i ]y|ytj.(^j., until Exainination thereof be firft had before fome Magiftrate
;
'^ '^
'^TL.fIf
^^^"^^"^ Magiftrate fhall admit the Party to Bail, if bailable, and fhall record the
b-Jab!.'.
' '
' Examination ot the Party, and alfo the full Matter given in Evidence, both a-shaii
Record th^ gainft him and for him, with all concurring Circumftances j and (hall take Re-thr
Matter g'vcn cognlzance, with good and fufficient Securities, to our Sovereing Lord the King,
*"i^t "^Tnd' f!.r
^^^ ^^^ Intormer to appear and profecute, as the Laws of the Kingdom of Creat-h
ni.
'
Britain and this Province do dircd: \ and likewife for all Evidences for the King
r^n'zlnci^ ^r ^o appear, and give Evidence againft the Criminal, at the next Court, where the
pr'^fout , nd Matter is cognizable, enfuing fuch Examination : Which Examination and Re-
And^fhilwaun cognizanccs fo taken, fhall be returned to the Office of the Court wherein the
aii !. the next Matt T Is to bc tried, under the ir'enalty of Five Pounds for every Negkdl j
Mautr'^is "to'be Cne Half to the Lords Proprietors, and the other Half to him or them that fhall
tn.ii, undrrPe- fy^. fpj. j-j-jg fame I To be recovered, in any Court within this Government, by
sYc'ry Ncgkft,
' Adtion of Debt, Bill, Plaint, or Information; wher.in no Efibin, Protedtion,
Injundion,. or Wager of Law, Ihall be allowed or admitted of.
Rep. by Aft,
Dti. 5, 1746,
CHAP. XVII.
An AB^ concerning Evidences.
CHAP. XVIII.
J-p-
^y ^Aa. ^fj ^^^ j-Qf. fhe Relief of fuch Creditors whofe Debtors having Lands in
Chap 2.'
'^'^
' this Governmenty depart, without lcavi?ig Ferfonal EJlate fufficient to
pay their Debts.
CHAP. XIX.
An AB, concerning Efcapes of Perfons under Execution. O B S.
CHAPo
A u .71 J.
L A IV S of North-Carolina.
CHAP. XX.
An ABy to direB^ the Difpofal of Goods taken upon Execution ; and for
the better Regulation of Difrcjj'es hereafter to be made^ for Levies and
^dt-Rents.
I. 13 E it Enacted, by his Excellency the Palatin, and the reji of the true and oh-
_|3 foliite herds Proprietors of Carolina, by and with the Advice and Confent
cf thu prefent General /iffembly, now met at Little River, for the North Eaft Part
cf the faid Province, and by the Authority of the fame, it is hereby Enacted, That where Gncdsars
in all Cafes whatfoever, where any Goods or Chattels fhall be taken upon Exccu- "'^"
''^rf^7"
tion, granted, or hereafter to be granted out of any Court, or by Ciftrefs for th"v(h,.;i,e'M'a
Taxes and Quit-Rents, the fame fliall remain in Cuftody of the Frovoft Marflial, \f'^^^lff"^^
or his Deputy, Conftable, or fuch other Perfon levying or making Execution or ^' f rcud im'd,
Diftrefs, tor and during the Space of Ten Days •, at the Determination of which ^^^Jt\, ''Vreel
Time, (if they are not before redeemed by the Perfon from whom they Wv.re hoid..rs, 2 to be
taken,) they Ihall be appraifed by four fubftantial Freeholders of the County, p^^t'']
^'' "'*"
two to be chofen by the Party from whom they were taken, and the other two
by the Party that is to be poflefTed of the fame ; and in Cafe it happens that both, ifanyP.ny u\\
or either Party or Parties, fliall not make fuch Choice as arorefaid, then the faid
'>'"i'^„Apprai-
Marilial,. or his Deputy, Conftable, or other Perfon, levying or making fuch m'/k.: cho/crfor
Execution or Diftrefs, fliall make Choice, in Behalf of him, her, or them, who *""'
fhall fo negled to make Choice ; and if the Appraifers fo nominated and ap- if Appraifers
pointed, (being firft fworn before fome Magiftrate,) cannot agree in their Ap- ""'t agi«,they
praifement, then the faid Appraifers, or any Three of them, fhall, and they are Umpire,"" who"
hereby im,powered and required, to choofe an Umpire, who (being alfo fworn as j!;"^
'^^'"''"'I'''^'
aforefaid,) fliall determine the Matter ; and the Property of fuch Goods fo ap- Mt-r.
praifed fliall forthwith be in and to the Party for whom they were taken, he or '^^^^ c^i^'^Vlx
they returning the Overplus (if any be) to the Perfon whofe Goods or Effects b<= in tin- Psny
fhall be fo taken in Execution, or diftrained upon and appraifed, after the orio-i- tere'^nk'Tn '""re^
nal Debt, with all accruing Cofts, are fitisfled and paid out of the fame. turning Ovt'rpiu*
if any.
II. P RO VII) E D always. That in all Cafes where the Sum taken by Execu- if the Sum do
tion or Diftrefs, fliall not exceed Fifty Shillings, there fliall be onlv Two Ad- T ""^'^ ^°'-
r u ii 1 J 1 • ir^-, ' ^'^ -^-^j^ then tnly two
prailers, to be equally elected and nominated, as aforefaid. Appraifeis.
in. AND be it further EnaBed, by the Authority aforefaid. That the Provoft- Execution to be
Marflial, or his Deputy, after Execution levied, fliall make Return of the Exe- rnd^lSe^eS!
cution to the Court that granted it, tliere to be entered upon Record ; that fo
the Satisfaction, as well as the Judgment, may be apparently proved, if Need
require.
CHAP. XXI.
An AB, cojicerning Attorniesfrom Foreign Parts, andfor giving Priority Rep. by his Ma.
to Country Debts. j<^fty'' order, in
Council.
CHAP.
L A W S of North-Carolina.
^. D. 17 1 5.
Rep. by Am,
Dec. 5, 1746.
all but thegih &
loth Scdlioiis ;
which are as fol-law.
CHAP. XXII.
A» ABy coyicerning Appeals^ and Writs of Error.
IX. T) £ it Enacted^ hv his Excellency the Palatine, and the reft of the true
JL) and abfolute Lords Proprietors of Carolina, by and with the Advice and
'Confent of this prefent General Affemhly^ new met at Little River, for the North-
Eait Part of the faid Province^ and by the Authority of the fame, it is hereby En-acted^
That in Cafe any Suit or Matter fhould arife in the Court of Chancery,
where the Governor or Commander in Chief of this Government for the Time
being, may be a Party, or intereftcd therein, it fliall and may be lawful for any
Four of the Members of the Court to fit and aft therein, as tho' the faid Gover-nor
or Commander were prefent, and not any ways interefted, or a Party therein.
X. AND he it further Ena^ed, by the Authority aforefaid. That from and
after the Ratification of this A6t, every Member of the Council, or Lords Pro-prietors
Deputy, Ihall, upon his entering into that Office, and before he prefumes
to give his Opinion or Determination in any Caufe that fliall come before him,
take an Oath, That he will do Right to all Manner of Perfons, according to the
beft of his Judgment and Underftanding of the Laws and Ufages of the King-dom
of Great-Britain, under the Penalty and Forfeiture of One Hundred Pounds
for every Month he ihali negled or refiife to take the fame •, One Half to the
Lords Proprietors, the other to him or them that fliall fue for the fame : To be
recovered, by Adion of Debt, Bill, Plaint, or Information, in any Court of Re-cord
within the Government ; wherein no EflToin, Injundion, troteftion, or "Wa-ger
of Law fliall be allowed or admitted of.
Rtp. byAa,
Marib 6, 1738,
Chap. 6.
CHAP. xxin.
An ASl, to prevent the Inhabitants of Bath County bringing ABions in the
General Court againjl one another, for lefs than 'Ten Pounds.
Rep. by Aa, A-fril^,
1741.
Chap. 15.
CHAP. XXIV.
An ABy for the Tryal offmall and mean Caufes.
Rep. by Aft, A.
pril/^, 1740.
Chap. iz.
CHAP. XXV.
An ABy for the better Regulation of the Militia of this Government.
The fubjeft Mat-ter
of this Aifl
regulated by the
King's Inftrufti-ons
and Orders of
Government
liere, therefore
ObfoJtte,
CHAP. XXVI.
The Form of a Patent.
CHAR
LA W S of North-Carolina.
A. D. 1715. CHAP. XXVII.
An A5l, concerning old Titles of Lands; and for Limitation of ASlions^
andfor avoiding Suits in Law.
I.TTT'HEREAS great Suit, Debate, and Controverfy hath heretofore Preamble. W been, and may hereafter arife, by Means of ancient Titles to Land de-rived
trom Patents granted by the Governor of Virginia^ the Condition of which
Patents have not been performed, nor Qiiit-Rents paid, or the Lands have been
deferted by the firft Patentees, or for, or by Reafon, or Means of former Entries
or Patents granted in this Government -, for Prevention whereof, and for quieting
Mens Eftates, and for avoiding Suits in Law,
II. Be H Ena5ied^ by his Excellency the Palatine, and the rejl of the true and
^l^^f^^'^l^^^^
ahfolute Lords Proprietors of Carolina, by mid with the Advice and Confent of derived fromCre-this
prefent General Jffembly, now met at Little River, for the North-Eaft Part ''''°"'
^"'T'-
r ; /" • J r> • ;
""•
• ; 7 T-' i i 1
tcrs, or Admi-oj
the Jaid Province, and it is hereby tna^ed by the Authority of the fame. That niftr:>tors, or by-all
Poffeffions of, or Titles to any Lands, Tenements, or Hereditaments what- ""fit^nlof
foever, derived from any Sales made either by Creditors, Executors or Admi- Patent, f which
niftrators of any Perfon deceafed, or by Hufbands and their Wives, or Hufbands cont^nu^k.Vcf!
in Right of their Wives, or by Indorfement of Patents, or otherwife, of which ^'^l^'^"
7 Years,
the Purchafer or Poffeffor, or any claiming under them, have continued, or fhall rl'S^and'de!
continue in PoflefTion of the fame for the Space of Seven Years without any Suit '^'^'''' g'"""' "
in Law, be, and are hereby ratified, confirmed, and declared good and legal, to gainftaiiPerfons^
all Intents and Purpofes whatfoever, againft all and all Manner of Perfons : Any ^'='
former or other Title, or Claim, Aft, Law, Ufage, or Statute, to the contrary,
in any-wife, notwithftanding.
III. AND be it further Ena^ed, by the Authority aforefaid. That no Perfon Perfons hereafter
or Perfons, nor their Heirs, which hereafter (hall have any Right or Title to any Si mak^cSm
Lands, Tenements, or Hereditaments, fhall thereunto enter or make Claim, but within 7 Years,
within Seven Years next after his, her, or their Right or Title which defcend or c!ued fifbe ut-accrue
; and in Default thereof, fuch Perfon or Perfons fo not entering or making '"'y excluded.
Default, fhall be utterly excluded and difabled from any Entry or Claim there-after
to be made.
IV. P ROVIDED neverthelcfs. That if any Perfon or Perfons that is, or
^'?'f m"'' co
hereafter fhall be, intitled to any Right or Claim of Lands, Tenements, or He- yfn, &T mVy
reditaments, fhall be, at the Time the faid Right or Title firft defcended, ac- •'""s suit within
1 rit-i.i. _.-„'^ 3 Years after
crued, come, or fallen, within the Age of Twenty One Years, Feme Covert, they come to
Non compos mentis, imprifoned, or beyond Seas, that then fuch Perfon or Per- ^^'' ^'•
fons fhall and may, notwithftanding the faid Seven Years be expired, commence
his, her, or their Suit, or make his, her, or their Entry, as he, fhe, or they
might have dons before this Aft, fo as fuch Perfon or Perfons fhall, within Three
p^^^^^^ ^^^^.^^^
Years next after full Age, Difcoverture, coming of found Mind, Enlargement Seas, w.ihm 8
out of Prifon, or Perfons beyond Seas, within Eight Years after the Title or I,T pWeir.ons
Claim becomes due, take Benefit and fue for the fame, and at no Time after the h.-u without Suit
Times or Limitations herein fpecified -, but that all PofTelTions held without fuing tra'^t'l'tUlf
luch Llaim as aforefaid, fhall be a perpetual Bar againft all and all manner of Bar j left much
Perfons whatfoever, that the Expectation of Heirs may not, in a fhort Time, fc;;id,'''3nrno"
leave much Land unpolTefTed, and Titles fb perplexed, that no Man will know ^an 'know, of
of whom to take or buy Land.
^^""^ '" '^"^•
V. AND be it further Enabled, by the Authority aforefaid. That all Aftions ^'' ^^'""^ °''
of Trefpafs, Detinue, Aaions fur Trover, and Replevin, for taking away of upTAccfn^'ptf
Goods
L A IV S of North-Carolina.
Jt Judgment re r x. ^ j.». >^ »• j. ^^ j^ j-^ <»i- i.i-< .
for the psaintiff, anv tlic faid Adlons or Suits, Judgment be given for the Plaintiff, and the fame
and It berevers'd , •' r i t t^ tt-orarrcfted,
or DC rcvcrfed Dy brror, or a \'e
^ i"- 'V'S- Goods and Chattels; all Actions of Accompt, and upon the Cafe; all A6lions
2^;^;7^^|7c^^, of i^^bt for Arrearages of Rent; and all A6lions of Alfault, Menace, B.tttcry,°
&c. fluii be fu.d Wounding, and Imprifonment, or any of them, which fliall be fued or brought
lath's Aft I^- at any Time after the Ratification of this Ad, Ihall be commenced or brought
ted. & not after, vvithin the Time and Limitation in this Act exprefled, and not after: That is to
compT Cafe/" f<iy ; Aftions of Accompt Render, Actions upon the Cafe, Adions of Debt tor
"^^^
%'Ktn"'
-^irearages of Rent, A6tions of Detinue, Replevin, and Trtfpafs ^lare Claufum
Detinue, Rep'ie. frcgit^ withiu Three Years next after the Ratification of this Aft, or within Three
yen, Ti cfpafs Ygars next after the Caufe ot fuch Adlion or Suit, and not after, except fuch Ac-fre^
ii, with;n 3 compts 35 conccm the 1 rade or Merchandile between Merchant and Merchant,
years
;
except ^^^ j.j^^jj. p^fj^ors Or Scrvants ; and the faid A6tions of Trcfpafs, Aflault and Bat- Acconnpt bet-
^
_. _ , , i ^
ween Merchants, tcry, Wounding, Imprifonment, or any ot them, within One Year next after
AiLit Indell'. ^^he Ratification of this Aft, or within One Year after the Caufe of fuch Aftion
tery. Wounding, or Suit, and not after ; and the faid Afticns uj^on the Cafe for Words, within Six
iThm^i yTar'. Months after the Ratification of this Aft, or within Six Montlis after the Words
Cafe for Words, fpokeu, and nOt after.
within 6Months. '^
if be VI. PRO FID E D neverthekfs, and it is hereby further Ena5lzd^ That if on
''erdift pafs for the Plaintiff, and upon Matter al-thathetakeno.
ledged in Atreft of Judgment, the Judgment be given againfb the Plaintifiv, that
Piamt, ��"c^'or hc take nothihg by his Plaint, Writ, or Bill ; or if any of the fdd Aftions fhall
b'e^a«ad!e'd""i'n
^^ brought by Original Writ, and the Defendant cannot be attached or legally
fuch chiles the ferved with Procefs, that in all fuch Cafes, the Party Plaintiff, his Heirs, Execu-ml
''commai^'a ^o^^' ^^ Adminiftratots, as the Cafe fhall require, may commence a new Aftion
new Suit within or Suit, from Time to Time, within a Year after fuch Judgment reverfed, or
^
^"'''
fuch Judgment given againft the Plaintiff, or till the Defendant can be attached
or ferved with Procefs, fo as to compel him to appear and anfwer.
In Aaions of VII. A N D he it further Enabled, That in all Aftions of Trefpafs ^iare Cl^u-
Trefpafs ^are fujn fregit, hcrcafter to be brought, wherein the Defendant or Defendants fhall
hThe'Det^"fant dlfclalm in his or their Plea to- make any Title or Claim to the Lands in which
difcia.m, he (hall the Trefpafs is by the Declaration fuppoled to be done, and the Trefpafs be by
pLd a^Difciaim- Negligcncc, or involuntary, the Defendant or Defendants fhall be admitted to
pi' ^'^fT^flfu'^^
plead a Difclaimer, and that the Trefpafs was by NegHgence, or involuntary, and
join iffue. a Tender or Offer of fufficient Amends for fuch Trefpafs before the Aftion brought,
ni^nTint^""^ *he
wlicreupon, or upon fome of them, the Plaintiff or Plaintiffs fliall be inforced to
piaint.ff ftaii be join Iffuc, and the faid Iffue be found for the Defendant, or the Plaintiff fhall be
barredfronn other Nou-fuited ; the Plaintiff fliall be clearly barred from the faid Aftion, and all
buita tor the
i i r
fame. Other Suits concerning the fame.
Tn Aftions for VIII. AND he it further EnaBedy by the Authority ajorefaidy That in all Ac-it
Damn"" under tions upon the Cafe for flanderous Words, to be fued or profecuted by any Per
40.^ the Plain- fg^ jn thc General or Precinft Courts of this Government, after the Ratification
more'coft^than of this Aft, if the Jury, upon the Tryal of the Iffue in fuch Aftion, or the Jury
Damage.,
j-j-^^^ fj^^jj inquire of the Damages, do find or alfefs the Damages under Forty
Shillings ; then the Plaintifi^ or Plaintift^s in fuch Action, fhall have and recover
only fo much Cofts as Damages fo given or affeffed fhall amount unto, without
any further Increafe of the fame : Any Law, Statute, Uflxge, or Cuftom to the
contrary, in any-wife, notwithftanding.
Perfon! \inder
Age, iic. may
IX. PRO FIB E D neverthelef, and he it further EnaSfed^ That if any Pcr-fon
or Perfons that is or fhall be intitled to any fuch Aftions of Trefpafs, De-wrtng
Suits with- tinuc, Aftious fur Trover, Replevin, Aftions of Accompt, and upon the Cafe,
i» th. Tin^e be- ^^j^^^ ^^ ^^^^ f^j. Arrearages of Rent, Aftions of Affault, Menace, Battery,
Wounding, and Imprifonment, Aftions of Trefpafs ^lare Claufum fregit. Ac-tions
LA PF" S of North-Carolina.
tions upon the Cak tor flanderous V v ords, be, or Ihall be ut tne i ime of
fach Caufe of Action given or accrued, fallen or come within the Age of T«ven- before limited,
ty One Years, Feme Covert, Non compos mentis, imprifoned, or beyond the Seas •, ^^''^^^^''|.^''"""'*
that then fuch Perfon or Peribns fhali be at Liberty to bring the fame Actions, °
"'''
fo as they bring the fame within I'uch Times as are before limited, after their
coming to or bting of full Age, Difcovert, of found Memory, at large, or re-turned
from beyond the Seas, as other Perfons, having no fuch Impediment^
misht have done.
CHAP. XXVIII.
Feme Ccverfs hcu) to pafs Lands^
I. ^ T T H E R E A S the legal Way of palTing Lands where the Eftate is in a preambit.
Y Y Feme Covert, is by Fine and Recovery ; and it having been formerly
prafticable in this Government, (Fines and Recoveries not being in Ufe here,)
that Sales have been made by the Hufband with the Wife's Confent, and fome-times
by Sales from them both, and acknowledged in Court, the Wife being firft
privately examined by the Court, whether (he acknowledged the fame freely
:
\\. BE it Enalied, hy his Excellency the Palatine, and the reft of the true and au Saies hereto.-
chfolute Lords Proprietors of the Province of Carolina, by and with the Advice Hu^.^df with
and Confent of the reft cf the Members of the General Jffembly, now met at Little life's Confent,
River, for the North-Eaft Part of the faid Province, and it is hereby Enacted, by e-c/or^which'
the Authority of the fame. That all fuch Sales which have at any Time heretofore '"^r^ft" fhaii be
been made in Manner and Form aforefaid, or which hereafter fhall be made by -knc.wiedg"d bel
the Hufband and Wife, and acknowledged before the Chief Juftice, or in the ^°'^. ^ J".**'"'
Court of the Precincl where the Land lieth, the Wife having been firft privately court, the w.fe
examined, before the Chief Tufcice or one of the affociate Tudges, or by fome ''f'"?
"^";""=^»
• 1/^ riT->-<~i <ii ^ lame ihall be
Member appointed by the Court or the Precinct, whether Ihe acknowledgeth the valid, as if done
fame freely, Ihall be good and cffeftual againll the Hufband and Wife, and their ^Z^o^^r^y!
and every of their Heirs and AfTigns, and againft all other Perfons claiming by,
from, or under them, or any of them, and that to all Intents and Purpofes, as
if the fame had been done by Fine and Recovery, or by any other Way or
Means whatfoever.
III. PROVIDED ahvays, and it is hereby meant and intended. That no- Not to be con-thing
in this A6I: contained, fhall be conftrued *or meant to give any Power or ^^"^^J, hcrs^fter^
Authority hereafter for cutting oiF intailed Lands : Any Thing herein before con-tained
to the contrary, in any-wife, notwithftanding.
CHAP. XXIX.
An AB, for preventing Difpiites concer7iing Lands already Surveyed.
I- TTTHEREAS Difputes do frequently arife concerning Lands already Preamble,
VV Surveyed and Patented, to the great Charge and Vexation of many
People holding and enjoying thofe Lands : For Prevention whereof for the fu-ture,
and for fettling fuch Differences as may hereafter arife j
C II. BE
lo L A t'P^ S of North-Carolina.
^. D. 1715.
^"^'''"^''""'"^
II. BE it Enacted, hy his Excellency the Palatine, and the reji of the true and
abfolute Lords Proprietors of the Province of Carolina, by and with the Advice and
Confent of the reft of the Members of the General Jffembly, new met at Little Ri-ver,
for the North -Eaft Part of the faid Province, and by the Authority of the
, , fame, it is hereby Enacted and Declared, That all Surveys already made, and Pa-
Lands alieaiiy •/' ,...i-/^ uiij ^- /-^
furveyed, & Pa- tcHts granted. Within this Government, by all and every preceeamg Governors,
f^rmefcover^^ Deputy-Govemors, or Prefidents, are hereby declared to be good and valid, to
nors, tSc. good ^\\ Jntcnts and Purpofes whatfoever ; any pretended Defects or Infiifficiency in the
and valid. Powers or Authorities for fo doing to the contrary, in any-wife, notwithftanding :
Patents to be And that Patents may and ought to be granted on all and every the aforeiaid
granted on the Sutvcys for which Patents are not already granted -, thofe lying within the con-ftid
Surveys.
^j-Q^gj-^gd Bounds Only excepted.
He that will jjj^ AND be it further Enacted, by the Authority aforefaid. That no Perfon
'&^. 2lr^l' whatfoever fhall take up any Marfli, Swamp, or funken Lands, but Ihall firft
N rice to the
^^j^g Notlcc, in Writing, to the Ov/ner of the Land adjoining : After Notice
uXadjoin 'ng, delivered in Writing, before Evidence, fuch Perfon or Perfons Ihall have Six
and if he negieas
jyjQj-jj-j^g Xiiiie to refolvc whether he will take up the fame or no ; and in Cafe he
6° Months,"^h" fhall not, before the End of the faid Six Months, take out a W^arrant to furvey
fuch Marfh, Swamp, or funken Land, as fliall be contiguous to his own Land,
then the firft Perfon who gave fuch Notice may furvey and patent the fame.
perfon giving
fuch Notice may,
Land may be re- IV. AND bc it further Euactcd, by the Authority aforefaid. That if any Per-
[riaue/survey foH fliall belicvc that there is contained in the Survey or Patent of any Perfon,
doth not exceed morc Land than the fame Survey or Patent mentions, then, and in fuch Cafe,
tha/iTAcrTsTn fuch Pcrfon may employ the Surveyor-General, or his Deputy, to re-furvey fuch
the Hundred, to Lgn^^l ^ gnd if it fliall appear that the latter Survey doth not exceed the former
be no Erior,
^^ rViOxt than Ten Acres in the Hundred, fuch fliall not be deemed any Error,
nor the Owner of fuch Land put to any Charge or Trouble in rc-furveying or
patenting the fame •, but the Party employing the Surveyor fliall pay all Charges.
Surveyor to go by V. AND bc it furthcr Enactcd, by the Authority aforefaid. That in all Cafes
nrtiai\Tn'ds of Differences where any Re-furvey fliall be made, the Surveyor fliall always
or Courfes and' procccd by thc marked Trees, if the fame can be found, or by natural Bounds,
D.fiance. .^- ^^^ mentioned ; and if there be not marked Trees, then he fliall follow the
Courfes mentioned in the Flat or Patent, fo as the Intention of the Party firft
Re-furvcy con- taking up may be obferved as near as may be : And if it fliall happen that in any
"
"'"/a°row" Re-furvey there fliall be more Land contained above the Qiiantity mentioned,
ner^may'takJ''' bcfides Ten iu the Hundred before mentioned in this A£l, it fliall be in the Choice
ft"?urwheleTe of the Owncr of the Land to take the flime, paying the Surveyor his Fee, or to
pieafes. Igavc out the Overplus in fuch Part or Place as he pleafes -, and then the whole
Charge to be born and paid by him that required the Survey.
Patents for de- VI. AND bc it furthcr Enactcd, by the Authority aforefaid^ That all Surveys or
ceafed Perfons Patents hereafter to be made or granted for the Land or Plantation of any deceafed
t^he"Name ctthe Pcrfon, the fame fliall be made and granted in the Name of the Heir at Law,
Heir at L.w, & ^j^jg]^ ncverthelcfs fliall not bar any that have Title thereto by Dower or Courtciy,
&cr '"'" or by the Will of the deceafed Pofi'eflbr •, but that every Title or Claim fliall
ftand good and valid in Law, as they might or ought to have done if the deceafed
Pofleflbr had, in his Life time, furveyed and taken out a Patent for the fame in
his own Name.
CHAP.
LAWS o/" North-Carolina. h
A. D. 1715. CHAP. XXX.
An Acfj concerni'ng Efcheat Lajids^ and Efchcators.
""
I. TT^ O R the better fecuring and quieting her Majefty's Subjedls of this Pro-
J/ vince in the Pofitirion of their Lands, Vv'e pray that it may be Enafted,
Ana belt Enacted^ by his Excellency the Palatine, and the reft of the true and
abfolute Lords Proprietors tf CaroUna, by and with the Advice and Confent of the
reft of the Members of the General Affembly^ now met at Little River, /or the
North-Eaft Part of the faid Province^ and it is hereby Enacted^ by the Atithcrity
of the fame. That if any Perfon is or fhall be in PolTeflion, byhimfelf. Guardian, P'^rfons in Pur-er
Tenant, of any Lands, by Purchafe, Defcent, or Laft Will and Teftament, Sd^'firft'^d!
that do or Ihall efcheate to the Lords Proprietors, fuch Poffefibr fhall be firft ad- «"'«"' «» p«'ti-mitted
to inform and petition the Governor, Deputy-Governor, Prefident, or Efchelt!
^'" ""^
Commander in Chief for the Time being, for a Vv rit of Efcheat, to be diredled
to the Efcheator-General, or' his Deputy, to enquire whether the laid Land doth
efcheat •, and if the fame fhall be found, upon Inquifition duly taken, to efcheat, ^[ '^ ^^ f'^""'^ 1°
the aforefaid Pofieflbr, and no other Perfon, Ihall have a Patent for the fame, r'fto havfa pi
paying after the Rate of Two Pence an Acre for the Compofition thereof, and no tent for the fame,
more, be there Improvements more or lefs. ^7re?
^'^ ^"^
II. AND be it further Enabled, by the Authority aforefaid. That if any Per- ECche^t Lands to
fon feized of Land in Fee-Simple, fhall happen to die without Heir, or making "^>^'" s""*^"'-
any Difpofition thereof by Will, whereby the fdd Lands do efcheat to the Lords
Proprietors, then they ihall be granted, after the faid Manner, and after the fame
Compofition, to the Widow, or Widower, and if there be none fuch, then to
the Father, and if there be none fuch, then to the Mother, and if there be none
fuch, then to the eldeft Brother of the half Blood, and if there be none fuch,
then to the Sifter or Sifters of the half Blood, and if there be none fuch, then to
the neareft of Kin to the Party deceafed, and if there be no Kindred, then to any
Perfon who Hiall firft inform and petition for the fame.
III. PROVIDED always, and it is further Enacted, by the Authority afore- Petfons;nP,(rcf-faid.
That if any Perfon that' is or fhall be in Poffeffion of any Land in Manner Lands"'' neg"<ft-aforefaid,
by Defcent, Purchafe, or Laft Will and Teftament, that do or fhall Sng to petition for
efcheat -, or any Perfon tliat fhall have Right to inform and petition for Efcheat NotiJrgivenf'
Lands in any of the before recited Cafes, fliall happen, through Ignorance, to p<^''°'^' g'^'"s
omit the lame -, that then it fhall and may be lawful for any other Perfon to give tit
£'1-""'^
him Notice thereof, in tlie Frefence of Two credible WitnefTes at the leaft ; and
if he fhall negleft to inform and petition for the lame, in Manner aforefaid, to
the Second General Court that fnall happen after fuch Notice given, then the Per-fon
giving Notice as aforefaid, fhall have the fame Lands, paying the Compofi-tion
as aforefaid
,
IV. AND to the End, that neither the Lords Proprietors, nor any of the In- Efcheator-Cene-habitants
of this Province, may receive Damage for Want of an Efthcator ; Be po'ni°I
""'''""
// Enacted, by the Authority aforefaid. That as often as it fhall happen that no
Perfon is appointed Efcheater-General by the Lords Proprietors, fome Perfon', of
known Ability and Integrity, fliall be commiffionated Efcheator-General by the
Governor, Deputy-Governor, Prefident, or Commander in Chief for the Time
being, by and v/ith the Advice and Confent of Three or more of the Lords Pro-prietors
Deputies, with Power to commiflionate one or more Deputy or Deputies ;
inq^'fitions tak.
and all Inquifitions that ihall be taken as Efcheator not commiftionated as afore- E"fchcLr"'Toid!
faid, or without a Writ of Efcheat firft obtained, fuch Inquifition ftiall be null
and void, to all Intents and Purpofes.
V. AND
12, L A M^ S (?/' North-Carolina.
A D. 171V
i^^CI^fT^-^t ^- AND be it further Enacted, That the Efchcator-General, or his Deputy-
Notice 30 Davs or Deputies, before he or they fhalJ execute any Writ of Efcheat, fhall give pub-any'wntTundcr
hc Notice Thirty bays before, by fetting up a Note at the Court-houfe Door of
Penalty of so 1. ^j^g irecind where the Land fhall lie, of the Time when he will execute the faid
Writ, to the End that all Ferfons concerned may liave Knowledge thereof; upon
the Penalty of Fifty Founds, to be paid to the Party grieved ; to be recovered,
by Adlion of Debt, in the General Court of this Government ; wherein no Ef-jnquifitions
to be foign or Wager of Law fhall be allowed: And all Inquifitions Ihall be taken
in courr'''''''''' openly and publickly in the Court-houfe of the Precindl or County where the
Land to be inquired after fhall lie, by the moft ancient indifferent Freeholders of
Evidence to be the fame FrecincSt and County. And the Efcheator-General, and every of his
given in Prefence Dcputies, fhall fuifer cvcry Perfon to give Evidence openly in their Prefence to
der Penalty' "f' the Jury, upon fuch Inquifitions as fhall be taken before him or any of them,
5°'- upon the like Penalty of Fifty Pounds, to the Perfon fo grieved •, to be recovered
inquifirions to be in Manner aforefaid : And all fuch Inquifitions lliall be returned into the Secre-s^
cmary-sOffice tary's Officc within Twenty Days, at farthefl, after they are taken ; and if no
i».thin 20 Days. Perfon fliall prove himfelf Heir to fuch Land as have been found to efcheat in
Manner aforefaid, or any Time in Scytn Years after the Date of the faid Inqui-ing
'""7
'veaVs', fition, fuch Pcrfon, and his Heirs, are and fnall be tor ever barred and excluded
barred for ever. fj-Q^i having or fuing fot the faid Lands.
CHAP. XXXL
Statutes inforc'd Ati ASi^ foT the }}iore eff'eBual obferving of the ^leen's Peace, and EJfa-b"
y Aa.'o^^.'Te,' blijln7ig a good and lajling Foundation of Go'vernment in North-Carolina.
J 749, Chap 1.
CHAP. xxxn.
Rep. byNsv'ga- Au A5f^ foT feftUjiz and maintaining Pilots at Roanoke and Ocacock
tion Aa, March ^ J I O _ ,0
6, 1738, Ch. 4. Inlets.
CHAP, xxxin.
An AB, to regulate divers Abufes in the taking up of Lands, and to as-certain
the Method to be obferved, from haiceforth, in taking up and
Surveying Lands.
Preamble. I. TTTHEREASof late Years, great Inconveniences have arifen by Means W of the irregular Proceedings and Methods obferved in entering and tak-ing
up Land, and by fome Perfons holding or pretending Right to large Trafts
of Land ; to the great Difcouragement of Strangers coming in to inhabit among
us, and to the great weakning of Places already fettled and inhabited, as well as
to the great Lofs and Prejudice of the Lords Proprietors : For Prevention whereof
For the future, and for the better regulating the Method of taking up Lands in
Time to come -,
IT. BE
LA iV S of N O R T H - C A R O L I N A. ^3
II. Be it Enabled., by his Excellency the Palatine, and the reft of the true end
ahfolute Lcrds Proprietors of Carolina, by and "^ith the Advice aid Conjcnt of
this prefent General Apmbh\ new met at Little River, for the North-liaft Part
of the faid Province, and it is hereby En.i£l.id by the Authority of the fame. That
from and aiter the i^'irft Day of January niXt enfuing the Date htreot, no sur-veyor-
General, nor Deputy Surveyor, iliall enter any Land for any jt'trfon aftrr '>'f"vrd n tak-
Method to he
the Manner as has been or lite i cars obLrved ; but that all i^crfons whatfocver \f^^l i!""
that fhall, from thenceiorward, be minded to take up any Lands in this Ciovtrn-ment,
flv^iU before he lays Claim tn.reto, take a w arrant iro in the Secretary's
Office, directed to the Surveyor-General, or Deputy, as ufudl, mentioning the
Quantity of Land by them intended to be taken up ; which Warrant he Ihaii de-liver
to the faid Surveyor-General, or his Deputy, together with an Account
where the Land lies winch he intjnds to take up by ta^t vV arrant, which the
Surveyor fhall indorfe upon the Back ot the Lid Warrant, tog tiitr with the
Time of his Receipt thereof, and give a '^ opy of the faid IndorLm.nt to the fiid
Perfon ; for which it ihall be Liwlui tor him to demand and receive the ufual Fee
of Entry and Copy ; and Ihal!, within Eight Months next aft.r fuch Receipt,
furvey and make Return of the faid Land, with the V." arrant, as is ufual, unlefs
he fhall give fuincient Reafon, upon his Oath, for not doing the fame ; provided
always, that he hath no Warrant bJbre lodged in his iian..,s for the fame Land ;
and provided aifo, that if Occafion be, the .Surveyor fhall be impowered to hire
Chain-Crriers and Markers for his Affiltance in Lying out of any Lands, and
fhall charge the fame to the Owner of fuch Land.
'D^
ivi-rs ot Creeks
low to be fuT-in.
AND he it further Enabled., by the Authority aforefaid. That the Survey- L^nds'y'ng
or-Gen'-ral, and his Deputy, fhall obferve, in furveying and laying out of all how"
°'
Lands to be taken up from henceforward, that lies on a navigable Riv.r or Creek, """"i"^-
that he fhall run a full Mile on a dired Courfe into the Vn oods, and each oppo-fite
Line fhall run parallel with the other, if it can be admitted, for oth.r Peo-ples
Lines, or Rivers or Creeks-, and for all Lands taken up wholly in the inntheWonds,
Woods, the Survey ihall be upon a Square, if it can be admitted, as aforefaid. fqutte!"'^
"""^
IV. AND be it further Enabled, by the Authority aforefaid. That no .*^urveyor. Surveyor not to
or Deputy-Surveyor, from and after the lime afor.faid, fhall furvey or lay out e'c^AcTesTnlln"
more than Six Hundred and rorty Acres of Land in one 1 radt, nor fhall furvey "^ ^^' ""' '"'^
or lay out Two fevcral Trafts of Land for any one Perfon within 1 wo MiLs, at pVr n within^
ieafl, of each others unlefs by particular Warrant from the Lords Proprietors tor '""MUes,
that Purpofe.
V. AND be it further Enabled, by the Authority aforefaid. That any Sur- Surveyor laying
veyor, or Deputy Surveyor, that fhall prefume to furvey or lay out any Lands triry toVisAa]
contrary to the Dire6lions, Purport, and Meaning of this Aft, fhall, lor every to<^"rfcit loi.
Offence, forfeit and pay the Sum of Ten Rounds ; one Half to the rublic Trea-
Tury, and the other Half to him or them that fhall fue for the fame : To be re-covered
in the General Court of this r'rovince ; wherein no Eflbign, Proteftion,
or Wager of Law, fhall be allowed.
VI. AND forafmuch as the Lords Proprietors do fuflain great Damages, and
the Country in general lies unfcttled, by Reafon of many Perfons holding or
pretending Right to large I'rads of Land in this Govtrnrntnt, without any
other Title thereto than a bare Entry oi^.^urvey : Be tt Enabled, by the Authority
aforefaid. That all or any Perfon or Perfons whatfoever, who do now hold or '^Jr^^^Tvtt
pretend any Right to any Lands within this Government, by Virtue of any Sur- ch.fc-M-n y
vey or Purchafe, as aforefaid, made before the Fourteenth Day of April lafl pafl, X^t^x.<t
^"'""^
and do not pay, or fecure to be paid, the Purchafe- Money thereof to the Lords
D Propri-
14 L A H^ S c/" North-Carolina.
^. D. 171;. Proprietors Receiver-General, on or betore the Twenty Fifth 'Dsq oi December
^"-""y''^
ji^xt, purfuant to an Order of Council, dated the aforefaid Fourteenth Day of
yjpril, it Ihall and may be lawful tor any Perfon or rerfons to enter on the fame
Lands, and have Patents therefor upon the old Surveys ; provided he or they fo
entering, fhall pay, or Lcure to be paid, to the faid Keceivtr-Gcneral, the I'ur-chafe-
Money and Qiiit-Rents which fhould have been paid by the ir'erfon that
'
fhall fo lapfe the fame, and alfo the Sum ol^ Ten Shillings to the Surveyor-Gene-ral,
for altering the Certiiicate •, y/hich Patent, when fo obtained, fliall be deemed
and adjudged good and valid, to all Intents and Purpofes •, any Law, Cuftom,
or Ufage, to the contrary, notwithftanding : And further, all Perfons that do
ince'^^nv" 14"^ pretend any Right to any Lands taken up on Pretence of Purchafe, as aforefaid,
for wh ch iiie fince the Fourteenth Day of Jpnl ; or that fhall, from henceforward, take up
ni"ii nnt'b- i"rd and furvey any Lands on Pretence of Purchafe, and do not pay, or fecure to be
w thin 6 Months paid, the Purchafe-Money thereof to the Receiver-General for the Time being,
n7 other p".nm witliin Six Montlis after, the Date of fuch Survey, fuch Perfon or Perfons fhall
mny^takeup thi; forfeit their Right thereto j.and it fhall and may be lawful for any other Perfon
or Perfons to take out a Warrant for fuch Lands, and proceed thereon as is be-fore
dircdcd in this Ad, for taking up vacant Lands.
^
NoPeifo.i, after VII. ANB be it further EnaElcd^ by the Authority aforefaid. That from and
?7r 'htto^Ll^^d
^^^^^ ^^^ aforefaid Firft. Day of January next, no Perfon fliall fell or alienate his
Kf.re Purch.f - Right to any Land, until he has paid the Purchafe-Money the reof, and has ob-pltrnf
'^rankd'"'
Gained a Patent and Grant for the fame ; but fuch Sale, Aflignment, or Convey-ance,
fhall be deemed, conftrued, and taken, to be invalid and of none Effect
:
And fuch Land fhall be tree and clear for any other Perfon to take up, obferving
the Rules in this A6t before fpecified for taking up vacant Lands.
Where fuch VIII. P ROVID ED always neverthelefs. That where the Right of Land
oi"ham'"umi*!c liipretofore furveyed on Pretence of Purchafe aforefaid, belongs to any Orphan or
to p;>ient it, Orphans that are not able or capable to Patent the fame, for Want of Perfonal
mrrfer"iV;
^''"- Eft'ite, within the Time before limited in this A6t, it fhall and may be lawfu!
for the Guardian or Guardians, Truftee or Truflees of fuch Orphan or Orphans,
or Adminiftrator of the Inteftate's Eflate, to fell and difpofe of all or fuch Part of
fuch Right, as aforefaid, by Public Sale, to the beft Advantage they can for the
Inteilate's F^ftate •, any Thing in the faid Acl to the contrary, notwithflanding
:
, „ , , ^ And in Cafe any Guardian, Truflee, or Adminiflrator, fhall negledl or refufe to
fiifai, Orphans" make Sale of fuch Land as aforefaid, within Six Months, the Orphans Courts
^^XRi^ht'^" ^^^ hereby impowcred and required to call fuch Guardian, Truftee, or Adminif-trator,
to Account ; and if they cannot find Perfonal Eftate fufFicient in their
Hands to purchafe fuch Lands, as aforefaid, then they, the faid Court, fKall
make fuch Sale, and to fuch Ufes as abovefaid.
IX. AND whereas many of the prefent Inhabitants of Bath County, by Rea-fon
of the Calamities befallen them during the late Vv^ars v/ith the Indians, are
rendered incapable of making prefent Payment for the P urchafe of fuch Lands
as now are, or have been, actually held, fettled, and improved by them, and
from whence they have been lately driven by the Enemy : Be it EnaBed, that a
inhabitants of further Time be granted to fuch Perfons for paying the Purchafe of fuch Lands,
Sath Cunty ai- upon giving fuch Security to the Lords Proprietors Receiver-General, as fhall be
Tim1 Io"py by him approved of, within Six Months after the Ratification of this Ad: Any
piuchafe-Mjney y\-{x^or hcrcln bcforc contained to the contrary thereof, in any-wife, notwidi-iipon
giving Sc ^ P
cai;tv. itandms;.
CHAP.
LAWS of North-Caroli n a. i 5
n Tiuft fr>r th«
Party injui'd.
CHAP. XXXIV.
An ASf, for Entring QfVeJJ'elSy and to prevent the Exportation of Debtors.'
I. -r^ E it Ena£fed, by his Excellency the Palatine, and the reft of the true and
\j ahfolute Lords Proprietors of the Province c/ Carolina, by and with the
Jdvue and Confent of the reft of the Members of the General yiffembly now met at
Little River, for the North-Eail Part of th^ faid Province, end it is hereby En-a5led,
by the Authority of the fame. That the Maftcr ot every Ship or VefiH Mafter rf v, fr.i
coming into this Governnxnt, l'ha!l, within Four Days next alter his Arrival,
[^.y^^^^of^y"
and bc'tbrc he trade or land any Goods, (living Creatures only excepted,) enter w.tim 4 d ys''
into Bond in the Naval-Office, with one lufficient Freeholder or well known Mer- ^^o'l'^Knai't
'"
chant, in tlie Sum of Five Hundred Pounds, with Condition, That the faid n.t to carry any
Mafter fhall not carry off any Perfon out of this Province without a Ticket firft ciy^^i'l^
had and obtained from the Naval-Officer, and figned by the Governor or Com- aT;cket.
mander in Chief for the Time being, (Perfons coming into this Province in the
fame VeffeU Women whofe Hufbands are refident in the Country, Perfons un-der
Age^ ?.nd Sailors who iiave not refided in the Government above Two Months, p^'''""^ "'^^rt^d.
excepted,; nor fhall depart himfelf without Leave -, under the Penalty of Fitty Nor depart him-
Pounds^; One Third to the Lords Proprietors, One Third to the Gove'rHor qr ^3^;""''"' '
Commander in Chief, and the other Third to the Informer. - ""';,.
II. AND be it further EnaLfed, by the Authority aferefaid. That the faid Bond ^'"'' to he given
fhall be taken in the Name of the Governor or Commander in Chief for the th.- G..v>.MTo'r,''
Time being, payable to himfelf, his Succeffors or Afligns, but fhall be to the on-ly
Ufe of, and in Truft for, fuch Perfon or Perfons as fhall appear to be injured
by the faid Matter's Non-Performance of the Condition above exprefied ; and
fhall be affigned to any Perfon or Perfons fo injured petitioning for the fame,
who fhall and may maintain an A.6lion thereon.
III. PROVIDED ah:ays, and it is hereby further Enacted, That if the faid Bond not fued in
Bond or Bonds fliall not be fued within Two Years after the Date thereof, then ^^ears, void.
the fame fhall be null and void to all Intents and Purpofcs whatlbever, as if the
fame had never been made ; any Thing herein before contained to the contrary
notwitnftanding.
IV. AND be it further Enacted, by the Authority aforefaid. That no Ticket Ticket mt to be
fnall hereafter be granted to any Perfon intending to export his or herfelf out of fu"'gt,n' fi""'
this Government, (except as before excepted,) until fufficient Security be firft p ymcnt .f ths
given to the Naval-Officer, for the Payment of all fuch' Debts as the Party fo in- "'"''
^
tending to depart fhall be chargeable with, and for which Acflions fhall be com-menced
within Four Months next' after fuch Security given i or until Certificate
be firft made to the Naval-Officer, by the Clerk of the Precinft Court where the or until Cert;fi.
Party fliall refide, that he hath publifhed his Intentions to depart the Government, "te produc-a
by affixing a Note to the Court-houfe Door, publickly to be read by all Perfons, \\^ intention to
during the Sitting and Continuance of the 1 wo Courts next preceeding fuch Ccr- '^^p"'.
tificate, without being under written, or any Demand made to hinder his or her
Departure.
V. AND be it further EnaEled, That on Defauk of fo doing, the Naval-Offi- Naval officimot
cer fhall be liable to fiitisfy the Creditors of all fuch Perfons who fhall depart the tiib'^Aa! jilbie
Government by Ticket from that Office ; provided A6lions for the fame be en- oVtl'V^AaCs
tred within Four Months after the Date of fuch Ticket fo obtained ; without Se- brought wahin 4
curity given, or Certificate had and received from the Clerk of fome Precincfl
^°"''''-
Court, as before mentioned-
CHAP.
i6 Xyf//^AS'o/^ North-Carolina.
A O yr.:
CHAP. XXXV.
Rep. by A %^- Aft ASif for raifing a Public Magazine of Ammunition^ upon the 'Tonnage
clLl'.Zf' of all Vejfels trading to this Government.
Precinft Courts
spp nt F r
CHAP. XXXVI.
An ASiy concerning Roads and Ferries.
I. "13 E it Enabled, by his Excellency the Palatine, and the rejl of the true fltid ab-j3
folute Lords Prcprietors of Carolina, by and with the Advice and Confent
of tij.s prejent General /.ffembly^ now met at Little River, for the North Euft Part
cf tioe faJ Province, and by the Authority of the fame, it is hereby Enacted, That
All R.-ads and all Roads and Fcrri.s in this Government, already laid out or appointed, by Vir-h.
d'ou?'rnd!,r tue of any Ad or OrJinance of Affembly heretofore made or declared, or by
p.',nt<o by Aa, Virtue of any Order of Court grounded th.reon, which are or ought to be now
dcdrrJpubu^ in UTe, Ihaii be, and are hereby declared to be Public Roads and Ferries : And
all Pcrfons whatfoever that ought, or which have been accuftomed or ufed to
Pe,(;.ns ufd to ^Qj-j^ j^„ ^ny fuch Roads and bridges, which have been made and laid out pur-rrkip"
he fame fuant to any Aft or Ordinance of Aflembly, or Crder of Court grounded thireon,
in Repair. ^ ^|| (_-(jnj;inue to work on the fame, or to keep the fame in Repiir, as they fhould
or ouo-ht_to have done, by Virtue of fuch Ad: or Ordinance ot Affembly, or Or-der
ot Court conformable thereto.
II. AND be it further Enabled, by the Authority aforefaid. That from Time
.- .pp ,u r r- to Time, and at all Tim^s hereafter, the Court of each Precinct Ihall have full
rk5, and .rd.r
Po^^.j. ^nd Authority to appoint and fettle Ferries, and to order the laying out
Rc,adsto be la.d ^^ ^^^^^^ ^^^^^^ ^^^^^ ^^^ ^^^^ already appointed or ufed, and to appoint where
Erico-cs n-iall be made, for the Ufe and Eafe of the Precinft ; fo as not to alter
old Roads, to the Prejudice of any Perfon, without the Leave and Licenfe of fuch
Perfon had and obtained.
Ro^dsto be laM HI ANB be it further Enacted, by the Authority afcrefaid. That all Roads
^zMln^ioIi/ hereafter to be laid out, Ihall be laid out by a Jury of Twelve Men, appointed
by the Precina Court-, which Jury (hall firtl take an Oath, to lay out the fame
to the o-rcatcft Eafe and Conveniency of the Inhabitants, and as little as may be
to the Prejudice of any private Man : And the Damages which Ihall be fuftamed
D.mnees fuft.in- bv any Dtivate Perfon in laying out fuch Road, Ihall be afcertained by the lame
f" ""^n'-^Vt Turv who fhall lay out fuch Road, on Oath •, to be equally levied and coUcfted,
af;.,t,inea,;h: by the Surveyor of fuch Road, on the Tithables which ought to work on the
^]^^1^. fame, and by him paid to the Party injured.
No Perf,n to IN AND be it further Enacted, by the Authority aforefaid. That if any Per-keepF
rry with- r Pgrfons, afttT the Ratification of this Aft, fhall pretend to keep any Ferry,
Pub°c'^:';;'o: or to tranfport any Perfon or Perfons, or their Horfes or Cattle, for Pay, within
Penalty of los. ^^^ Mllcs of any Ferry which is already, or htreatter Ihall be appointed, luch
^cTL^r: Perfon or Perfons fo pretending to ' keep Ferry, or tranfporting any Perfon or
Perfons, or their Horfes or Cattle, fliall forfeit and pay the Sum ot Ten Shil-lincrs
for every Man or Beaft fo tranfported or ferried, to the next adjacent Ferry-man
: To be recovered by Warrant from any Juftice of the Peace, upon iull
Proof thereof made before iiim.
V. PRO-
L A IV S of North-Carolina. ^7
- cleared icF^-et
Y. PRO FID E D always. That all Rich Perfons who fhall hereafter under- pt^e'^to
take to keep any Public i^erry by Appointment, and do not provide good and p''"^'''^ ^'°^
fufficient Boats, and keep the fame in good and furlicient Repair, and°well and fhc'r^mrtdr^
fufficiently attended, tor the Paifage ot ail Travellers, fliall forteit and pay Ten ^"•^"^''' "?>=-
Pounds for every Negled •, one Half to the Informer, and the other Half tor and
"'''^°^ "'"
towards ttie contingent Charges of the Government : To be recovered, by Bill,
Plaint, or Information, in the General Court of this Province ; wherein no Ef-foign,
Protection, or Wager of Law, fhail be allowed.
VI. AND be it further Enacted, by the Authority aforefaid. That all Public
Roads already laid out or now in Ufe, or which hereafter fhall be laid out, fhall wd!-!
be cleared ot and from all Trees and Bruin, at leaft Ten Feet wide, and fuch
Limbs of Trees as may incommode Horfemen, cut away ; all Bridges or Caufe- Br^deesandc.uC
ways made, or to be made over Swamps, or fmall Runs of Water, the Pieces "^'^^^^ ''°* " ^^
wherewith the fame fhall be made, fhall be laid acrofs the Road, and at lead Ten
"'*''^"
Feet long, well fecured and made faft, and covered with Earth ; and all Brido-es
over deep and navigable Streams, fhall be made at leail Ten Feet wide, with
furficient and flrong i^ieces, at leaft Three Inches thick, with firm and Itrong
Pofts and Bearers, well fecured and faftened.
VII. AND be it further Enacted, by the Authority afcrefaid. That the Pre- p,eci„a court.
cind Courts fliall. Annually, appoint Surveyors of the Highways or Roads, who " =pp «"« Sur-are,
by this Aft, obliged to fummon all Male Tithables within their Divifions ""Jt^'^t^-l
and Limits, or luch as have been ufed and accuftomed to work on fuch Roads and '''^'''" *" '^"''^
Bridges, to meet at a Place and Time to be appointed fometime in the Months of
"" '^^ ^^°^^^'
April and September, Yearly, to clear all Roads, and make, clear, and repair all
Bridges, within their Limits or Divifions •, and alfo at any other Time of the
Year, if Occafion fhall require : And whofoever fhall, upon fuch Summons, re- p.^ons negka-fufe
or negleft to appear, or to do and perform their Parts and Duties therein, '"? '° =pp'^'>''
the Surveyor fhall caufe them to be fummoned to appear before the next Magif- to''f"rfe'irj'rfnr
trate, where, if he or they cannot fliew a reafonable Caufe for his or their De- ""'^ '^'>'' ^"-s-fault,
he or they fhall be fined Five Shillings for every Day's Negieft ; to be le- pif^d' in^-ring'
vied, by Order of the aforefaid Magiftrate, by the Surveyor, and laid out in hiring i*^'"
>^ t^t-Room
Men in the Room and Stead of thole neglefting: But if it fhall happen that thofe Lg^' Or gifen to
Perfons who meet in Obedience to this Ad, fhall perform the whole Work that fitinhfrnik"
fnall be necefTary to be done at that Time, then all the Forfeitures fhall be equally
" '
/ "
divided among thofe who finifhed the Work as aforefaid. f-—
VIII. AND be it further Enacted, hy the Authority aforefaid. That where the surveyor, with
making of Bridges or Caufeways fhall not be judged proper to be performed bv ^"^ '^^''^ °^ '''^
the whole Company working together, it fhall and may be lawful tor the Survey- '?ree with Fer-or,
with One I'hird of the Company that fliall be obliged to work thereon, to a- Brldg'° oTSlr.
gree with any Perfon or Perfons for performing the fame; and the Surveyor is wav,, and toiel
hereby impowered, alter the Work is finifhed, to levy the fame equally and in- ^he wLtl^U-differently,
by the Poll, on all fuch as are obliged to work thereon, and to make P^"y-
Diftrefs, in Cafe of Refufal or Non-Payment.
%rther Enacted, ly the Authority aforefaid. That all Survey- Surveyors r?g.
fhall negled or refufe to do their Duty as is by this Ad di- '^^^^i
IX. AND be it further
ors of Roads which
reded, or who fliall not keep the Roads and Bridges clear and in Repair, or let for "eryNegra!
them remain uncleared or out of Repair, after Notice given thereof, for and du- ^-
ring the Space of Ten Days, unkfs hindered by bad Weather, fuch Surveyor
fhall forfeit, for each and every fuch Offence, the Sum of Forty Shillino-s, over
and above fuch Damages as may be fuftained ; One Half of the faid Sum to be
employed towards Repair of fuch Road, and the other Half to him or thtm that
E will
1
8
L ^ /V S^ of N O R T.H - C A R O L I N
yi. D. 1715. ^jii f^e for tiie fame: To be recoverecj, by Adion of Debt, Bill, J^laint, or ^n-
^-^"""'^^'''^
formation, in any Court of Record within this Government •, whcrtin no Efibign,
Injuntlion, or Wager of Law, fhall be allowed or admitted of.
perC.ns ex-rrpt. d X, A1<I D bc it furthcr Etiucted, by the Authority aforefaid. That no Member
from working on of the Council, or AfTcmbly, or Juftice of Peace, Coroner, Conftable, or Mi-
Roads.
nifter of the Church of England, fliall be compelled to work on any Roads or
Bridges ; neither fhall any Freeholder be compelled to work himfelf, who fhall
fend Three Perfons, in one Diftrift, to work on any Road or Bridge : Any Thing
contained in this Ad to the contrary, in any-wife, notwithftanding.
CHAP. XXXVil.
A?i ABy to e?KOiirage the Building of Mills.
I. 'T) E it Enacted, by his Excellency the Palatine, and the reft of the true and
13 cibfclute Lords Proprietors of Carolina, by and with the Advice and Confent
of the reft of the Members of the General Affembly, now met at Little River, for
/y?)^ North-Eaft Part- of the faid Province-, and it is hereby Enacted, by the Au-thority
of the fame. That if any Ferfon or Perfons fhall be defirous to build a
ouri Arr.s%or^I Grift-Mill, either Wind-Mill or Watcr-Mill, within this Government, it fhall be
h^rrin'AcreXr l^wful for the Surveyor-Gencral, or his Deputy, by a Warrant from the Precind:
aWnd-Miiijio Court, to lay out, for fuch Perfon or Perfons fo defiring to build a Mill, Two
the" own'f' 'fi'r Acres of Land for a Water-Mill, and Half an Acre for a Wind-Mill, in fuch
the c nfid'rati- Manner as for that Ufe fhall be molt convenient, upon or out of any Man's
co'nve^an^e!'' "Land ', which fiid Land fhall be appraifed by Four hontft Men of the Neighbour-hood,
appointed by the Precind Court, who fhall make a true Return of their
Appraifment, upon Oath, to the fame Prtcind Court -, and the Owner of the
faid Land, for the Conndtration-Money by the faid Appraifers appointed, fhall
be bound to make a Conveyance of fuch Land to him or them that fhall build
fuch Mill or Mills, their Heirs and Aiiigns, with Liberty of Ingrefs, Egrefs,
and Regrefs, to and from the fume, under this Condition, and exprefs Limitation
On Condition and Provifion, That fuch Perfon or Perfons to whom the faid Land fliall be con-buiid
fMalTn 2 veyed, do ered, build, and finifh, on the Land fo conveyed, a fubftantial
Years. ' Working Mill, within the Term of Two Years after the Date of the Convey-ance
; otherwife the faid Conveyance to be void, and of none Effed. '
Owner of the
Land to have the
II. P RO VID E D always. That the Court fhall firlt give the Owner of the
Land Notice of the Motion of any Perfon to build a Mill on his Land ; and if
Preference. the Owner will givc Security to build a fubftantial working Mill on any Part of
his Land, then the Motion of fuch Perfon or Perfons is to be rejeded.
NoPerfon^Or- HI. P R V ID E D alfo. That in the laying out of the before-mentioned
tS"e in-ilJ'd''''" Two Acres, or half Acre, no Perfon's Garden or Orchard be injured thereby.
Perfons may ufe JV. AND be it further Enactcd, by the Authority aforefaid,^ That whofoever
ll$"J'ZX fl^all build fuch Mill or Mills, ffiall have Liberty to make Ufe of any Timber
paying for the'
foj- that Putpofc on any Lands adjacent, making full Satisfadion to the Owner
thereof, and to be appraifed, as is aforefaid.
All M'lis built as V. AND be it further Enacted, That all fuch Mills as are or fhall be built as
Pubiic'^nd'To'* aforefaid, fhall be deemed Public Mills, and the Owners thereof, or fuch as ufe
gnniinTurnfor and occupy the fame, fnall be obliged, as loon as their Turn come in Courfe,
all Perfons.
^^ ^^ polTiblv they Can, grind Wheat and Indian Corn for all fuch Perfons as
^ • fhall
LAWS of N O R T H - C A R O L.I N A. I9
fhall require the failie, afid lliall take Cdre that the fame- be forthcoming again ^i^-
to the Owner, on Demand, (the lawful Toil only excepted,) under the ir'enaity ^^ *^
of double the Value ; to be immediately levied by a Warrant from the next Juf-tice
of the Peace, and paid to the r arty injured; which bting well ground, toII i sthof
without any P>aud or Deceit, they Ihall not have or exac^ any larger or greiitjr Wncat.&teih
Toll, than one Eighth Fart of Wheat, and one Sixth Fart of /wrf'-vj^ Corn, un-
''^^''"'
der the Penalty and Forfeiture of Ten I'imes the Value of the W heat or Corn fo penalty for tak-brought
to the Mill •, one Half to the Poor of the Parifh, and the other Half to "^s ^"s^f ToU.
him or them that fhall fue for the fame : To be recoveredi by Adlion of Debt,
Bill, Plaint, or information, in the Precinfl Court ; wherein no Injundtion, or
VS^'ager of Law, (hall be allo-.ved or admitted of.
CHAP. XXXVIII.
An ASt^ to appoint Public Regiflers, and to di?-eB the Method to be ob-ferved
in Conveying Lands, Goods, and Chattels ; and for preve7iting
fraudulent Deeds ajid Mortgages.
I. TT 7 H E R E A S His Excellency the Palatine, and the reft of the true and Grant fromXordg VV abfolute Lords Proprietors, amongft other Privileges and Immunities, »''-''P'->-t rs, to
have given and granted to this their Province, to choofe Public Regifters : In Rl!gifters^"'''"'
Purfuance therefore to the faid Grant, and for the better and more effcdual Pre-vention
of fraudulent Deeds, Alienations, and Mortgages
;
II. B E it Ena^ed, hy his Excellency the Palatine, and the reft of the true and
abfchcte Lords Proprietors of the Province of Carolina, by and with the Advice
'
and Confent of the refi of the Members cf the General Affembly, new met at Little
River, for the North-Eaft Part of the faid Province^ and'-his hereby Enacted, by
the Aulhori4y of the fame. That it fhall and may be lawful for all, or the major Three FreehoU-Part
of the Inhabitants and Freemen of each Precinct, (who are qualified to vote
in the Eleftion of BurgefTes,) to meet, the Firft Day di April next, at the ufual
Place for Eleftion of Surgeifes, then and there, by a Majority of Votes, to eleft
Three Freeholders, as Candidates for the faid Office ; of which faid Candidates fo
to be elected, the Provoft-Marfnal of each Preciad, or his Deputy, (who are '° ^""^^ '^""•'^
hereby required to attend fuch Eledtions,) fhall, within Twenty Days alter, make tou're'c^viemor"
Return to the Governor or Commander in Chief tor the Time being, under the ""'^''' ''"'^'^y "^
Penalty of Five Pounds for every fuch Negleft ; and .the Govenior or Com.- ^
'
mander in Chief, with the Advice of the Lords Proprietors Deputies, Hiall make Governor to
Choice of one of fuch Candidates fo eleCted as aforelaid, who, being- ccmmiiTion- '^°'"'"''^''"^'«
.
.
ed under the Hand and Seal of the Governor or Commander in Chief, fliall be teT.
° ^ ^^"'
thereby inveftcd with the Office of Regifcer of Deeds ; and, until there ii)e a Clerk
of the Parifh Church, of Births, Burials, and Marriages.
III. AND be it further Enacted, by the Authority aforefaid. That each and PuWIc Rpgukr
every Public Regifter fo chofcn and commiifTioned, fhall, within Three Months f g"": B.iid .n 3
after he fliall enter upon his Office, give Bond, with Two good and fufficient Se- Pou"ndsto'r"fauh-curitics,
to his Excellency the Palatine, and the Lords i roprietors, in the Sum {""'
qJ^^'"'^^
°^
of One Thoafand Pounds, for the faithful Difcharge of his Office; which Bond b nd w he given
fhall be given before die Juflices of the Precind whereof the Party fhall be ao- '"'"'•"'"^Pf>
, iP -n 1 11- 1 /-A-- /-I r • 1 ^ ^ . .^ " '"'° reii.rded in
pointed Rtgilter, and recorded m the Ortice or the laid Court, and alfo in the ^^ '^nft
and se-ers
to be eltitcd.
Provoft-M.irfJial
lall Juftices ap- ^"^"^1"
ointed Rtgifler, in Office of faid Secretary's Office, and the Original repofited in the Hands of the Governor or '^J"'>''
^'^-
Commander in Chief: And whoever, after the faid Firfb Day o'i April, fhall Ogmaitohe
officiate in the faid Office longer than Three Months without giving fuch Secu- ven^r!''"'*^''*
rity
20 L^^S of North-Carolina.
not
rity as aforefaid, he or they fo offending, fhall torfeit and pay the Sum of Twenty
Pounds ; one Half to the informer, and the other Halt to the Poor of the Pa-riih
or Precindt.
Pro»:fo. IV, PROVIDED always^ That every Perfon or Perfons who now afV ia
the afor. Lid Office within any Precind of this Government, fhall be and continue
in the fame until fuch Choice fhall be made and confirmed as is before by this
Act dircded ; when they, and every of them, are hereby required and com-manded
to deliver to the Public Regifter of their Precind fo elefted and con-firmed,
all Papers and Records which fhall be in their Cuftody, that do, of
Rio-ht, belong and appertain to the faid Office, under the Penalty of Fifty Pounds.
No Conveyance V. AND he It further EnaSled^ by the Authority aforefaid. That no Convey-
M n-a^' ""^r ance or Bill of Sale for Lands, (other than Mortgage,) in v/hat Manner or Form
unitfs" acknow- foever drawn, fhall be good and available in Law, unlefs the fame fhall be ac-
Sed^khma knowledged by the Vendor, or proved by one or more Evidences, upon Oath,
Months. ' ' either before the Chi^f Juftice for the Time being, or in the Court of the Pre-cind
where the Land lieth, and regiftred by the Public Regifler of the Precindt
where the Land litth, within Twelve Months after the Date of the faid Deed ;
Deeds fo executed ^^^ ^^^^^ all Decds fo done and executed, fhall be valid, and pafs Eftates in Land,
'° ^
"* '
" or Ria;ht to other Eftatt, without Livery of Seizin, Atturnment, or other Cere-mony
in the Law whatfocvcr.
De'ds already VI. P ROFIDED always. That all Deeds or Conveyances of Lands, Te-psiTed,
for villi- nements, or Hereditaments, Goods or Chattels, which are already pafTed, and
tfons, andregif". regiflrcd, or which fliall be regiftred within one Year after the Ratification of this
tr.=d with n a ^^^ ^^^ which B. good and valuable Confideration has been adually and hna fide
tool'.
'"'"
paid, lliall be good and available in Law and Equity, to Purchafers, and their
Heirs, a^yainfl the Vendors, and thtir Heirs, and all others claiming by, from,
or under them, in as full and ample Manner, to all Intents, Conftrudions, and
Purpofcs, as if fuch Title had been made either by Fine, Common Recovery,
Livery of Seifm, .Atturnment, or any other Ways ufed and pradifed within the
Kingdom of Great-Britain.
D--dsmndein VII. AND be it further EuaSfcd^ by the Authority aforcfaid. That all Deeds
pr'verrlbeforf, snd Convcyanccs of Land lying within this Government, made in Foreign Parts,
or ba.ie the ' which fliall be remitted hither, and proved before the Chief Juftice, or Court of
Snyc'tyf^!! the Precind where the Land lieth, in Manner as before direded •, or which fhall
or Governor of
jjg perfonally aclcnowlcdgcd or proved before the Chief Magifbrate of any City,
and atr'fter'un- Town, or Corporation, within the King of Great-Britain's Dominions, and an
der the Pubi.c Attcftation thereof affixed thereto ; or which fhall be acknov/ledged or proved
md'w"hinT'^' before the Governor or Commander inChief of any his Majelly's Plantations, and
^d' valid
*" ^°°'' attefted under the Public Seal, and regiflred in the aforefaid Ofiice of the Precind
where the Land lieth, within one Year after the Arrival of fuch Deeds ; fliall be
good and valid in Law, to all Intents and Purpofes, as if made and executed
within this Government.
VIII. AND for the avoiding and abolifhing of feigned, covinous, and frau-dulent
Feoffments, Gifts, Grants, Alienations, Conveyances, Bonds, Suits, Judg-ments,
and Executions, as well of Lands and Tenements, as of Goods and Chat-tels,
which of late have been, and ftill are devifed and contrived, of Malice,
Fraud, Covin, or CoUufion, to the End, Purpofe, and Intent, to delay, hinder,
and defraud Creditors and others of their jufl and lawful Adions, Debts, and
Fccffment5,cifis Accompts ; // is hereby further Enabled, That all and every Feoffment, Gift,
cff. made 'for Grant, Alienation, Bargain, and Conveyance of Lands, Tenements, Heredita-ments,
Goods and Chattels, or of any of them, by Writing, or otherwife j and
all
Zi-^//^.So/NoRTH-CAROLINA. 2i
all and every Bond, Suit, Judgment, and Execution, at any Time had or made ^- ^ '715.
fince the Firft Day o^ January^ Anno Domini 17 14, or at any Time hereafter to .l^^d^iil^
be had or made, to or for any Intent or Purpofe laft bttore declared and ex- iit-^n'- ''>" be
prefled, fhall be, from henceforward, deemed and taken, (only as againft that fv pTtmak-
Perfon or Perfons, his or their Heirs, Executors, Adminiilrators, and AlTlgns, '"sthefime.
and every of them, whofe Anions, Suits, Debts, Accompts, Damages, Penalties,
and Forfeitures, fhall releafe by fuch covinous or fraudulent Devices and Prac-tices,
as is aforefdid, or fhall or might be, in any-wife, difburbed, hindered, de-layed,
or defrauded,) to be clearly and utterly void, fruftrate, and of no Effect
;
any Pretence, Colour, feigned Confideration, expreffing of Ufe, or any Matter or
Thing to the contrary, notwithftanding.
IX. AND he it further Enabled, by the Authority aforcfaid^ That all and Pirties to fuch
every the Parties to fuch feigned, covinous, or fraudulent Feoffments, Gifts, ''•'"<'"'':'" i^ ^^ds
G^-ants, Alienations, Bargain, Conveyance, Bonds, Suits, Judgments, Executi- lu'etLt^'f.'
*"
ons, or other Things before expreffed, and being privy and knowing of the fame,
or any of them, which at any Time after the Firft Day of Aiigufi next comino-,
fhall, wittingly and wiUingly, put in Ufe, maintain, avow, juftify, or defend
the fame, or any of them, as true, fimple, and done, had, or made bona fide^
and upon good Confideration ; or fhall alien or afBgn any the Lands, Tenements,
Goods, or Things before-mentioned, to him or them conveyed, as is aforelaid,
or any Part thereof; fhall incur the Forfeiture of the real Value of the Lands
and Tenements, Goods and Chattels -, One Moiety thereof to the Lords Proprie-tors,
and the other Moiety to the Party grieved, and intended to be defrauded
thereby.
X. P RO FID E D al-zvays, and be it further Enacted, by the Authority afore- Not to make
faid. That this Aft, nor any Thing herein before contained, fhall not extend or ^""i any convey.
be conflrued to impeach, defeat, or make void any Conveyance or Afliirance, In- made.^"""
^''^
terefl. Limitation of Ufe, or Ufes, of, in, to, or out of any Lands or Tenements
heretofore at any Time had or made, or hereafter to be bona fide made, upon and
for good Confiderations, to any Perfon or Perfons whatfoever ; any Thing before
mentioned to the contrary, notwithftanding.
XI. AND for the Prevention of Frauds by double Mortgages and Convey- Mortgage «,«
ances of Lands, Negroes, Goods, and Chattels; Be it further Enabled, by the EdMe'firft
Authority aforefaid. That every Mortgage of Lands, Tenements, Goods, or Mongag=-^
Chattels, which fhall be firft regiftred in the Regiftcr's Office of the Precind where
the Land licth, or of Goods and Chattels where the Mortgager liveth, fhall be
taken, deemed, judged, allowed of, and held to be the firft Mortgage, and to
be good, firm, fubftantial, and lawful, in all Courts, of Juftice within this Go-vernment;
any former or other Mortgage of the fame Lands, Goods, or Chattels, UniefsfitftMort-not
before regiftred, notwithftanding; unlefs fuch prior Mortgage be regiftred fn'^'^oo/?"^'^
within Fifty Days after the Date.
'" ^° "'^''
XIT. PROVIDED always, and be it further Enabled, by the Authority a- if more Mort-f-
orefaid. That in Cafe more than one Mortgage fhall happen to be made and be fucras^'haVnot
in Force at one Time, of the fame Lands and Tenements, Goods and Chattels, regiftred, may
the fcveral Mortgagees which have not regiftred their Mortgages, their Heirs, Tre' pvtgVrL'.'
Executors, Adminiftrators, or Affigns, fhall have Power to redeem any Mort- ''p^'' '^''
g;}ge or Mortgages regiftred, upon paying the principal Debt, Intereft, and Cofts
of Suit, to the prior Mortgagee or Mortgagees, their Heirs, Executors, Admi-niftrators,
or Affigns : And as a Punifhment for fuch intended Fraud or Covin,
every Perfon or Perfons which fliall mortgage the fame Lands, Tenements, Goods, Td Mortgage!"!.'
.01- (^1:>attcls, a Second Time, a former Mortgage being in Force and not difcharg- 'ftbdng nForce,
ed, fhall have no Power or Liberty of Redemption in Equity or otherwife. in Equity
^'^"'
F XIII. PRO'
22 L A py S o/'North-Carolina.
XIIL P ROVIDED alfo. That nothing in this Acl contained fhall be con-rf:,
w fr.-iT>i>)wcr, ftrued, dccmed, or extended, to bar any Widow of any Mortgager of fuch Lands
il^ the Deed, Gfir" or Tenements, from her Right of Dower to the faid Land, who did not legally
join with her Hufband in fuch Mortgage, or otherwife bar or exclude herfelf
from fuch her Dower or Right.
Frft Mortgagee XIV. JND he it further Enacted, by the Authority aforefaid. That every
T:ulb!f..re?se! pnor i-'urchafer, or Mortgagee, of any Lands or Tenements, Goods or Chattels,
Adv-'nta° et^h s "^hich lliail not, before tne Firft Day of January, iyi6, regifter his Title or
Purchafe.
' Mortgage as aforefaid, if after that Time a Second Deed of Sale, Conveyance, or
Pviortgage, be regiftred before the Prior, fuch Perfon fo neglefting fhall take no
Advantage or Benefit of fuch Purchafe or Mortgage already figned and fealed.
Public Regifter, XV. AND be it further Ena^ed, by the Authority aforefaid. That the Re-
Snlh^'wk' to gi^er aforefaid of every Precinft, when there is no Clerk of the Church in that
regifter Births, J: rccind, fhall regifter all Births, Marriages, and Burials, within the Precindt
Bumisf"'
'""^ whereof he is Regifter -, and that every Mailer or Miftrefs of a Family who fhall
negle6t to regifter the Birth or Death of any Perfon born or dying within his or
Pcrfons negieft. j^gj- Houfe or Plantation •, and every married Man who fliall negle6t to remit to
foffe't" iT' p'er the faid Regifter a Certificate of his Marriage, and caufe the fame to be regiftred.
Month, to the
fQj- Jongcr than one Month ; each Mafter or Miftrefs, or married Man, fo neg-exceed'zo
s?°'
" leding, ihall forfeit and pay, to the faid Regifter, One Shilling fer Month for
every Month fo neglefted ; provided the whole do not exceed Twenty Shillings.
Penalties how to XVL AN!> be it fuvther EnaElcd, by the Authoftty aforefuid. That all Penalties
e recovered, ^^^ Forfeitures in this A6t mentioned, fliall be recovered, by Bill, Plaint, or
Information, in any Court of Record in this Government ; wherein no Injundion,
Protedion, or "Wager of Law, fliall be allowed or admitted of.
CHAP. XXXIX.
fni\'! x-]^i An Act, concerning Weights and Meafures.
Chap. 17,
C H A P. XL.
Staple Commodities Rated. O B S.
CHAP. XLI.
An ABj to a/certain the Hime for Payment of Fork, Wheat, and Indian
Corn. O B S.
CHAP.
LA JV S of North-Carolina. 2^
.1. ^. 1715. CHAP. XLII.
An A6ti to afcertain the Gauge of Barrels^ and to prevent Frauds in Fork
Beef Pitch, and Tar.
I. "O ^ ^^ Enacled, by his Excellency the Palatine, and the reft of the true and
' J3 abfolute Lords Proprietors of the Province of Carolina, by and with the
Advice and Confent of the reft of the Members of the General Affembly now met at
Little River, for the North-Eaft Part of the faid Province, and it is hereby En-a^
cd, by the Authority of the fame. That from and aft^r the Ratification of this Barrels hov
Adl, no Cooper or other Perfon whatfoever making Cafk, fhuU expofe to Sale '^"'^'' '" '^"i'''
any Barrels or half Barrels for the holding' of Beef, i^rk. Pitch, Tar, or Train ml^"''
'° *"
Oil, but fliall contain and hold Thirty One Gallons and a Half each Barrel, and
Fifteen Gallons and Three Quarters each Half Barrel : And all Barrels and Half
Barrels which fhall be expofcd to Sale, Iliall be made of Timber feafoned at leafl
Six Months after the riving the Staves, not lefs than half an Inch thick when
wrought, the Heading not lefs than Three Quarters of an Inch thick, and well
dowelled ; Twelve good fubflantial PIoops on each Cafk, and the whole to be
tight and workman-like : And every Cooper making Barrels, or half Barrels, or Bnnd-M^rk to
any other Perfon making the fame, before they deliver or expofe the fame to Sale, Snd^Kcorder'
fhall fet his or their proper Brand-Mark upon every Barrel or half Barrel ; which
Mark he or they fliall caufe to be recorded in the Office of the Precind where he
or they Ihall refide or dwell.
II. AND be it further Enacted, by the Authority aforefaid. That every Cooper Cop=rto forfeit
or other Perfon expofmg to Sale any Cafk not agreeable to the Direftions of this Sach otiJZ
Ad, fhall, for every Offence, forfeit the Sum of Six Shillings and Eight Pence,
and theCaflc or Barrel fo deficient -, and for not recording his or their Brand, the F" "ot recording
Sum of Twenty Shillings i One Half to the Churchwardens and Veflry, for the
^'' ^"''' -°''
Ufe of the Parifli, and the other Half to him or them that fhall fue for the fame,
before any Juftice of the Peace.
III. AND be it further Enacted, by the Authority aforefaid. That upon Com- Juftice, on Com-plaint
made, upon Oath, or folemn Affirmation, by any Perfon or Pcrfons, to Srk' S'^'if
*
any Juflice of the Peace in this Government, That he hath received of any Per- "'ercLnt3bie"to
fon or Perfons, any Beef, Pork, Pitch, Tar, or Train Oyl, that is not merchant- iflFre!!!^
able and good in its Kind j or is not in good and fufficient Cafk, as is by this t°vi"v the fame.
Law appointed i or that the Perk is deceitfully packed up, or contains more piamfb^MHo
Heads than is by Law allowed, or that there is Boars Flefh mixed or packed there- '''<'<=' do"We ba-in,
or that the Meat is not well faved or falted fit for Exportation ; or that the ^n^grieved^
Beef is mixed with Bulls Flefh, Shanks, Marrow-Bones, or Heads, or in any- '^c Vaiue of'the
wife defeftive and not merchantable ; fuch Juftice, upon all or any of thofe Com- fhJ ufe^o/tL
plaints, fhall ifTue his Warrant, directed to Two reputable Freeholders, Who. fhall
''''''''•
view the fame, and, upon their Oath, fhall make Report thereof, an4 of the
Damages, to the fame Juftice that iffued his Warrant ; and if the Compkiint fhall
appear to be juft, he Ihall immediately order double Damages to the Party injured,
and the Value of fuch Pork, Beef, Pitch,. Tar, or Oyl, fliall be forfeited to the
Churchwardens and Vcftry, for the Ufe of the Parifli where fuch Offender lived
or refided.
IV. AND be it further Enacted, by the Authority aforefaid. That all Forfei- Forfeitures toh«
tures that fliall become due by Virtue of this Act, fhall be fued for within Ten ^^^^ for in 10
Days after the receiving of fuch Caflc, Beef, Pork, Pitch, Tar, or Train Oyl,
^"^''
and not after.
CHAP.
24 L-^/TiSo/" North-Carolina.
CHAP. XLIII.
Rep. wAa,^- An AB^ to appoint the Marking ofHorfeSy Cattle, and Hogsy and to pre-chlp.'
s!"**" '^ent Injuria being done by killing, 7nifmarkingy driving away, or de*
Jiroying Peoples Stocks,
CHAP. XLIV.
Ska&Nov 17, jin AB, to appoint 'Toll-Books to be kept at or near Catherine'j Creek, in
i^9> »P' 5- Chowan PrecinSf, at the Head of Pequimons PrecinSl, and at the
Mouth of the North-weft River, in Currituck PrecinB ; and to prevent
Perfons from tranfporting or driving Horfes, Cattle, or Hogs, to other
Perjons Lands.
I. "TT T H E R E A S divers Perfons, Inhabitants oi Virginia, frequently coming
VV ^'^'^^ ^^^^ Government to purchafe Cattle or Hogs, it may be greatly
feared they may drive away Cattle or Hogs which they have not purchafed ; and
whereas divers Perfons, as well Inhabitants of this Government as of Virginia, dp
very often drive, lead, or carry Horfes, Cattle, or Hogs, to other Perfons Lands,
where they fuppofe is better Herbage or Maft than on that whereon they are
Dwellers : For Prevention whereof
;
II. B E it Enabled, hy his Excellency, the Palatine, and the reft of the true and
abfclute Lords Proprietors of the Province of Carolina, by and ivith the Advice
and Confent of the reft of the Members of the General Affembly, now met at Little
River, fpr the North-Eaft Part of the faid Province, and it is hereby Enacted, by
ToU-Bookstobe the Authority of the fame. That there Ihall be, at Catherine"% Creek, in Chowan
'"•'P'' Precind, at the Head of Pequimon River, and at the Mouth of the 'North-weft
River, in Currituck Frecindl, Perfons appointed by the Governor or Commander
All Cattle, t£(, i" Chief for the Time being, to keep Toll-Books \ and all Perfons, whether Driv-to
be entered,' ers, Purchafers, or Owners of Cattle or Hogs, Ihall be obliged to entrr in the
f^chSc, &c. Toll-Book every Beaft or Hog, with their Mark and Diftinftion, and of whom
or4os, ' purchafed: And that what Perfon foever Ihall drive Cattle or Hogs to Virginia,
and fhall negled to enter the fame in the refpedive Toll-Books, according to this
Ad, fhall forfeit every fuch Beaft or Hog which fliall be fo omitted as aforefaid ;
and if fuch Beaft or Hog be not to be had, the Perfon fo omitting ftiall forfeit
and pay the Sum of Forty Shillings ; to be recovered by a Warrant from the next
tice of the Peace.
Sot rntring every HT- AND be it further Enacted, That every Purchafer, Owner, or Driver of
Beaft, z d. and Cattle aad Hogs, fhall pay, unto the Perfon fo appointed to keep the faid ToU-erery
Hog, i d.
^^^^^ ^^^ p^^^^ ^^^ ^^^^ g^^^^ ^^^ q^^ p^^^^^^ ^^^ ^^^^^ j^^^^ ^Y{\c\i fhall
be fo driven and entered in the faid Toll-Book.
No Perfon to I^. AND he it further Ena^ed, by the Authority aforefaid. That if any Per-drive
Stock to foft or I*erfons whatfbever, either inhabiting in Virginia or this Government,
pTople^L^nd^r ^^11' after the Ratification of this Ad, prefume to drive, lead, tranfport, or car-
".'" no P'^rfon to ry any Cattle, Horfes, or Hogs, to range upon any Perfons Lands, fhall forfeit
p^naitj of^oT and pay the Sum of Ten Pounds : And that no Perfon or Perfons whatfoever^
inhabiting in this Government, fhall give Leave to any other Perfon or Perfons,
either Inhabitant or Foreigner, to turn loofe, drive, or put on his Land^. any
Horfes, Cattle, or Hogs, under the like Penalty of Ten Pounds.
V. AND
f
LA W S of N O R T H - C A R O t I N A.
-^J
^. D. 17,5.
V. AND le it further Enacted^ hy the Authority afcrefaid,^ That no Foreigner n^T^hvT^
vvhatfoever, either by Confent or Permiflion of any other Perfon or Pcrfons in- '"^"^ ^^"^'^ '"t"
habiting in this Government, or otherwife, fhall prefume or offer to drive, lead, Winte^ ™"pe!
or bring into this Government, any Stocks of Cattle, Hogs, or Horfv-s, within- "^''y "f 20I,
tention to Winter them here, or to deftroy the Herbage or Mail ; under the
Penalty of Twenty Pounds: And it is hereby meant and intended, and fo fhall Nnnstobedeem-be
underftood and taken, that no Perfon fhall be deemed an Inhabitant that holds who^do''not're-
Lands by Entry, Survey, or Patent, but fuch as aftually and conftantly relide on ^^"^ "" their
fuch Lands, or keep the fame always tenanted, cultivated and improved. them tenamed.'^
VI. AND be it further Enacted, by the Authority aforefaid^ That the Ranger Ranger, ©"r. to
of each Precinft or Divifion where fuch Offence fhall be committed, or on his
""' ^
'^''''^^'
Default, the Keeper of the Toll-Book, is hereby appointed to make Diftr^fs of
fuch Cattle, Hogs, or Horfes, of any Perfon or Perfons offending ; the orie Half
of which Fine or Forfeiture fhall be to the Ranger, or Keeper of the Toll-Book,
whichfotvfr fliall make the Diflrefs, and the other Half to the Churchwardens and
Veftry, for the Ufe of the Parilh where the Offence fliall be committed.
VII. AND be it further E',Tactcd, by the Authority aforefaid. That all Fines Penalties how to
and Forieitures in this Att mentioned, and not herein and liercby exprelly and ^^ ')ii"p< ffi, and
particularly mentioned to whom they fhall be paid, and h6w to be recovered, "^"^ '^"^"^ •
fhall be, one Half to the Churchwardens and Veftry, for the Ufe of the Parifh
where the Offence' fhall be committed, and the other Half to him or them that
fhall f