Collection of all the public acts of Assembly, of the province of North-Carolina, now in force and use: together with the titles of all such laws as are obsolete, expir'd, or repeal'd: and also, an exact table of the titles of the acts in force |
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i,;-^ ^ 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 .^^ ^il^llsJ^&Cv^ 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
Object Description
Description
Title | Collection of all the public acts of Assembly, of the province of North-Carolina, now in force and use: together with the titles of all such laws as are obsolete, expir'd, or repeal'd: and also, an exact table of the titles of the acts in force |
Other Title | Laws, etc. |
Creator | North Carolina. |
Contributor | Davis, James, 1721-1785. |
Date | 1752 |
Subjects |
Children Great Britain--Colonies--America Hunting Indians of North America--North Carolina Inland water transportation Law--North Carolina Libraries--History--18th century Local government Marriage law North Carolina--History--Colonial period, ca. 1600-1775 North Carolina--Politics and government--To 1775 Roads Slavery Swine Tobacco Tuscarora Indians Voting Women |
Place | North Carolina, United States |
Time Period |
(1600-1763) Colonial period |
Description | A reissue of the 1751 edition, with the date in the title page changed and the laws for 1751 and 1752 added. Cf. Evans 6742, McMurtrie 5. |
Publisher | Newbern :Printed by James Davis,M,DCC,LII. [1752] |
Agency-Current | North Carolina General Assembly |
Rights | State Document see http://digital.ncdcr.gov/u?/p249901coll22,63754 |
Physical Characteristics | [4], xii, [2], 371, [3] p. ;29 cm. (fol.) |
Collection | Health Sciences Library. University of North Carolina at Chapel Hill |
Type | text |
Language | English |
Format |
Laws (documents) |
Digital Characteristics-A | 36682 KB; 406 p. |
Digital Collection |
Ensuring Democracy through Digital Access, a North Carolina LSTA-funded grant project North Carolina Digital State Documents Collection |
Digital Format | application/pdf |
Audience | All |
Pres File Name-M | pubs_edp_collectionpublicacts1752.pdf |
Pres Local File Path-M | \Preservation_content\StatePubs\pubs_edp\images_master\ |
Full Text |
i,;-^
^
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
.^^ ^il^llsJ^&Cv^
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 |