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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OLL ECTION
O F
All the P U B L I C
ACTS OF ASSEMBLY^
O F
The PROVINCE of
NORTH^CAROLINJ:
Now in F O R C E and tJ S E.
Together with the TITLES of all fuch LAWS as arc Obfolete, Ex-pired,
or Repeal'd.
And alfo, an exad TABLE of the Titles of the ACTS in Force,
He VISED by ComtTiiJjioners appointed by an AB of the (} E NERA L A S-S
E MB LT of the Jaid Province, for that Purpoje ; afid Examined with the
Recordsy and Confirmed in full Ajfembly.
"f^wwm
¥
NEWBERN-. Printed by James Davis, M,DCC,LL
u
n
TO His EXCELLENCY
GABRIEL JOHNSTO N, Efq;
Captain-General, Governor and Commander in
Chief, in and over His Majefty's Province of North^CarolhUf
and Vice-Admiral of the fame.
May it pkafe Tour Excelkftcy^
COL. Mojelej', the other CommilTioner concerned with me,
in the CoUeci:ing, C(^mpiling, 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 Protedor ; under vvhofe wife and prudent Adminiftration, the
greateft Part of the befi: of them have been formed.
F R O M the known Benevolence of your Difpofition, I am fa-^
tisfied, it muft give You great Pleafure, Sir, That this WORK,
fo repeatedly recommended to the General AfTembly of this Pro-vince,
and io long and earneftly defir'd by You ; hath been car-ried
on by Your favourable Influence, and finiiljed during Your
Governmento
A L T H O' the Subftance of each Law, and Claufe of every
Law, in Force, is fl-ridly preferved • yet, I am fenfible, they fall
greatly Ihort of that Corrednefs in Stile and Didion, which may
be expe&d 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 Defers will by You be favourably confidered*^
I am Your Excellency's
Moft Dutiful and Obedient
Humble Servant,
SAxVrUEL SWANN-
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THE SECOND
C R T E R,
Granted by King C HARLE S, IL
TO THE
Proprietors of CAR L INA.
CHARLES the Second, by the Grace of God, of Great-
Britahiy France, and Ireland, King, Defender of the Faith,
<£?c WHEREAS, by our Letters Patents, bearing Date
the Twenty fourth Day of March, in the Fifteenth Year of
our Reign, We were gracioully pleafed to grant unto our right trufty
and right well-beloved Coulin and Counfellor Edivard Earl of Claren-don,
our High Chancellor of Efigland, our right trufty and entirely be-loved
Coufin and Counfellor George Duke of ^/^u^/z^^r/i?, Mafter of our
Horfe ; our right trufty and well-beloved William now Earl of Craven ;
our right trufty and well-beloved Counfellor ych?! Lord Berkeley ; our
right trufty and well-beloved Counfellor Anthony Lord AJI:lcy, Chan-cellor
of our Exchequer; our right trufty and well-beloved Counfellor
Sir George Carteret, Knight and Baronet, Vice-Chancellor of our Houf-hold
; our right trufty and well-beloved Sir ^^ohn Colleton, Knight and
Baronet ; and Sir William Berkeley, Knight ; all that Province, Terri-tory,
or Tradt of Ground, called Carolina, fituate, lying and being with-in
our Dominions oi America ; extending from the A^wyZ' End of the
Illand called Liike-Ifuind, v/hich lyeth in the Southern Virginia Seas,
and within Thirty Six Degrees of North Lattitude ; and to the Weji, as
•far as the South-Seas ; and fo refpedively as far as the River o^ Matthi-as,
which bordereth upon the Coaft o£ Florida, and within Thirty One
Degrees o^ Northern Lattitude j and fo Wejl, in a diredl Line, as far as
the South-Seas aforcfaid.
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 gracioully pleafed to enlarge our
i^aid Grant unto them, according to the Bounds and Limits hereafter
fpecificd, and in Favour to the pious and noble Purpofe of the the faid
Edward Earl of Clarendon^ George Duke of Albemarle^ WilUa?n Earl of
a Craven^
ii The Proprietors Second CHARTER.
Craven, John Lord Berkeley, Ajithony Lord AJhley, Sir George Carteret^
Sir John Colleton, and Sir Williajn Berkeley, their Heirs and Affigns, all
that Province, Territory, or Trait of Land, fituatc, lying and being
within our Dominions oi America aforefaid \ extending ISIorth and Eajt-ward,
as far as the North End of Currituck River or Inlet, 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 j and fd
Wejl, in a direft Line, as far as the South-Seas j and South and Wejl-ward,
as far as the Degrees of Twenty Nine, inclufive, of Northern Lat-titude
; and fo F/'e/l, in a dired Line, as £^r 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, Ferms, Lakes, Rivers, Bays, and
lilets, lituate or being within the Bounds or Limits laft before mention-ed
; with the Fifhings of all Sorts of Fifli, Whales, Sturgeons, and all
other Royal Fiih, in the Sea, Bays, Iflets, and Rivers, within the Pre-mifcs,
and the Fifh therein taken, together with the Royalty of the Sea
upon the Coafl within the Limits aforefaid j 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 Chriftian Religion fhall increafe with-in
the Province, Territory, liles, and Limits aforefaid, fl:iall happen
hereafter to be erefted j together with Licenfe and Power to build 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 Ecciefiaftical Laws of our Kingdom
of England j together with all and fmgular the like and as ample Rights,
Jurifdidlions,- Privileges, Prerogatives, Royalties, Liberties, Immunities,
and Franchifes, of what Kind foever, within the Territory, Ifles, Iflets,
and Limits aforefaid : To have, hold, ufe, exercife, and enjoy the fame,
as amply, fully, and in as ample Manner, as any Bifliop of Z)//r/'^w, in
our Kingdom of England, ever heretofore,- had, held, ufed, or .enjoyed,
or of Right ought or could have, ufe, or enjoy : And them the faid
Ediaard Earl oi Clarendon, George Duke oi Albemarle, JVilliam Earl of
Craven, John Lord Berkeley, Anthony Lord AJkley, Sir George Carteret.
Sir Joh?! Colleton, and Sir William Berkeley^ their Heirs and Afligns, we
do, by thefe Prefents, for us, our Heirs and SuccefTors, make, create,
and conflitute, the true and abfolute Lords and Proprietors of the faid
Province or Territory, and of all other the Premifes ; faving always
the Faith, Allegiance, and fovereign Dominion, due to us, our Heirs
and SuccefTors, for the fame : To hold, pofTefs,- and enjoy the faid Pro-vince,
Territory, Iflets, and all and fingular other the Premifes, to them
the faid Edward Earl oi Clarendon, George Duke oi Albemarle, William
Earl of Craven, John Lord Berkeley^- Anthojiy Lord AJl.dcy, Sir George
Carteret, Sir John Colleton, and Sir William Berkeley, their Heirs and
AfTigns for ever ; to be holden of us, our Heirs and SuccefTors, as of
Our Manor of Eajl-Greennvich, in Kent, in free and common SoccagCj
and not in Capite, or by Knight's Service : Yielding and paying, Year-
V
The Proprietors Second CHARTER.
ly, to us, our Heirs and SuccefTors, lor the f.ime, the iFourth Part of all
Gold and Silver Oar, which, within the Limits hereby granted, fhalj,
from Time to Time, happen to be found, over and befides the Yearly
Rent of Twenty Marks, and the Fourth Part of the Gold and Silver
Oar, in and by the faiJ written Letters Patent referved and payable.
AND that 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 ; Know ye, That we,
of our further Grace, certain Knowledge, and m>ere Motion, have
thought fit to annex the fame Tradt of Ground or Territory unto the
fame Province o^ Carolina -^ and out of the Fullnefs of our Royal Power
and Prerogative, we do, for us, our Heirs and Succeffors, 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 oiAlbemarle^ William Earl of Cra-ven,
jfobn Lord Berkeley, Anthony Lord AJhley, Sir George Carteret, Sir
yohn Colleton, and Sir William Berkeley, their Heirs and Afligns, the true
Lords and Proprietors of all the Province or Territory aforefaid j Knov/
ye therefore moreover, That we, repoling efpecial Trufl: and Confidence
in their Fidelity, Wifdom, Juftice, and provident Circumfped:ion, for
us, our Heirs and Succeilbrs, do grant full and abfolutc Power, by Vir-tue
of thefe Prefents, to them the faid Edward Earl of Clarejidon^
George Duke of Albemarle, William Earl of Craven, yohn Lord Berke-ley,
Anthony Lord AJlAcy, Sir George Carteret, Sir 'John Colleton, and Sir
William Bei-kelcy, their Heirs and Afiigns, for the good and happy Go-vernment
of the faid whole Province or Territory, full Power and Au-thority,
to ere6t, conflitute, and make feveral Counties, Barorinics, 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 diflinft Jurifdidlions, Pow-ers,
Liberties, and Privileges : And alfo, to ordain, make, and enadr,
and, under their Seals, to publifii any Laws and Conftitutions whatfo-ever,
either appurtaining to the Public State of the whole Province or
Territory, or of any diftind: or particular County, Baronny, or Colojiy,
or of or within the fame, or to the private Utility of particular Per^
fons, according to their befl Diredions, by and with the Advice, Af-fent,
and Approbation, of the Freemen of the laid Province or Terri-tory,
or of the Freemen of the Coility, Baronny, or Colony, for which
fuch I^aw or Conftitution fhall be made, or the greater Part oi them,
or of their Delegates or Deputies, whom, for enacting of the faid Laws,
when, and as often as Need fliall require, We will, that 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 or Afiigns,
fliall, from Time to Time, afi!emble, in fuch Manner and Form as tcj
them fiiall feem beft ; 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 fliall be confll-tuted^
\. ^
The Froprictcrs Second CHARTER.
tuted, under the Power, and Government of them or any of them, ei-ther
failing towards the faid Province, or Territory of Carolina, or re-turning
from thence towards Kngland, or any other of our, or Foreign
Dominions, by Impofition of Penalties, Imprifonment, or any other
Punifliment ; yea, if it (liall be heedful, and the Quahty of the OiFence
require it, by taking away Member and Life, either by them the faid £^-
nuard Earl of Clarendon, George Duke of Albemarle, William Earl of Cra-ven,
"John Lord Berkeley, Anthony Lord Afoley, Sir George Carteret,
Sir John Colleton, and Sir William Berkeley, and their Lleirs, or by them,
or their Deputies, Lieutenants, Judges, Juftices, Magiftrates, or Of-ficers,
whatfoever, as v/ell within the faid Province, as at Sea, in fuch
Manner and Form as unto the faid Edward Earl of Clarendon, George
Duke of Albejnarle, William Earl of Craven, John Lord Berkeley, An-thony
Lord AJljley, Sir George Carteret, Sir 'Jolm Colleton, and Sir Wil-lia?
n Berkeley, and their Heirs, fliall feem moil convenient : And alfo,
to remit, releafe, pardon, and abolifh, whether before Judgment or af-ter,
all Crimes and Offences whatfoever, againft the faid Laws ; and to
do all and every Thing and Things, which, unto the compleat Eila-blifliment
of Juftice, unto Courts, Seffions, and Forms of Judicature,
and Manners of proceeding therein, do belong, akho' in thefe Prefents,
cxprefs Mention is not made thereof; and by Judges to him or them
delegated, to award Procefs, hold Fleas, and determine, in all the faid
Courts and Places of Judicature, all Actions, 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 aforefaid to be pub-lifhed,
our Pleafurc is, and we do enjoin, require, and command, fliall
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 exprefl'ed, or
to be exprefiTed : Provided neverthelefs. That the faid Laws be con-fonant
to Reafon, and as near as may be" Conveniently, agreeable to the
Laws and Cuftoms of this our Realm of E?igland,
AND becaufe fuch Afiemblies of Freeholders cannot be fo fuddenly
called as there may be Occafion to require the fame, we do therefore,
by thefe Prefents, give and grant unto the faid Edward Earl of Claren-don,
George Duke of Albe?narle, William Earl of Craven, John Lord
Berkeley, Anthony Lord AJldey, Sk George Carteret, Sir '^ohn Colleton,
and Sir William Berkeley, their Heirs sind Afligns, by themfelves, or
•their Magiftrates, in that behalf lawfully authorized, fijll 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 whom it
may concern : Which Ordinances we do, by thefe Prefents, ftraitly
charge and command to be inviolably obferved within the fame Pro-vince,
Counties, Territories, Baronnies, and Provinces, onder the Pe-
Ralties therein exprelTed j fo as fuch Ordinances be reafonable, and not
repug-
"Tbe Proprietors Second CHARTER.
repugnant or contrary, but, as near as may be, agreeable to the Laws
and Statutes of this our Kingdom oi England , and fo as the fame Or-dinances
do not extend to the binding, charging, or taking away the
Right or Intereft of any Perfon or Perfons, in their Freehold, Goods.
or Chattels, whatfoever.
• ,-,-.«
A N D to the End the faid Province or Territory may be the more
happily increafed, by the Multitude of People relbrting thither, and
may likeWife be the more ftrongly defended from the Incurfions of Sa-vages,
and other Enemies, Pirates, , aiid Robbers j therefore, we, for
us, our Heirs and SuccefTors, do give and grant, by thefe Prefents, full
Power, Licence, and Liberty, unto all the Liege People of us, our
Heirs and Succeflbrs, in our Kingdom of England^ and ellewhere, with-ifi
any other our Dominions, Illands, Colonies, or Plantations, (except-ing
thofe who fliall be efpecially forbidden) to tranfport themfelvcs and
Families into the faid Province or Territory, with convenient Shipping
and litting Provifion ; and there to fettle themfelves, dwell, and inha-bit
: Any Law, A6t, Statute, Ordinance, or other Thing, to the con-trary,
notwithftanding.
A N D we will alfo, and of our efpecial Grace, for us, our Heirs
and -SuccefTors, do ftreightly enjoin, ordain, conffcitute, and command,
that the faid Province and Territory lliall be of our Allegiance ; and that
all and fingular the Subjed:s and Liege People of us, our Heirs and Suc-cefTors,
tranfported, or to be tranfported into the faid Province, and the
Children of them, and fuch as fhall defcend from them there born, or
hereafter to be born, be, and fliall be Dennizons and Lieges of us, our
Heirs and SuccefTors, of this our Kingdom of Engla?idi and be, in all
Things, held, treated, and reputed, as the Liege faithful People of us;
our Heirs and Succef^brs^ born within this our faid Kingdom, or any
fether of our Dominions j and may inherit or otherwifc purchafe and re-ceive,
take, hold, buy and poflefs, any Lands, Tenements, or Heredi-taments,
within the faid Places; and them may occupy and enjoy, fell,'
alien, and bequeath ; as likewife, all Liberties, Franchifes, and Privile-ges,
of this our Kingdom, and of other our Dominions aforefaid, may
freely and quietly have, poiTefs, and enjoy, as our Liege People, born
within the fame, without the Moleflation, Vexation, Trouble, ©r
Grievance, of us, our Heirs and SuccefTors : Any Ad:, Statute, Ordi-nance,
OF Provifion, to the contraryj notwith (landings
AND furtliermore, that our Subjedts of this our faid Kingdom of
EnglaJid^ and other our Dominions, may be the rather encouraged
to undertake this Expedition, with ready and chearful Means j 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 Clarendo?i, George Duke oi Albetnarle, William Earl of
Craven^ yohn Lord Berkeley^ Ajithony Lord AJhley^ 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-
ti "fhe Proprietors Second CHARTER.
thereof J full Liberty and Licence, to lade and freight, in every Port
whatfocver, of us, our Heirs and Succeffors, and into the fiiid Province
of Caroli?ia, by them,' their Servants and AiTigns,- to tranfport all and
lingular their Goods, Wares", and Merchandiies ; as likewife, all Sorts
of Grain vvhatfoever, and any other Thing whatfoever, neceffary for
their Food and Cloathlng, not prohibited by the Laws and Statutes of
our Kingdom and Dominigns, to be carried out of the fame, without
any Let or Moleftation of us, our Heirs and Succeffors, or of any other
our Officers or Minlfter^ whatfoever ; faving alio unto us, our Heirs and
SuccefTors, th^ Cufloms, and other Duties and Payments, due for the
faid Wares and Merchandifes, according to the feveral Rates of the
Pj ices from whence the fame iliail be tranfported,
W E will alfo, and by thefe Prefents, for us, our Heirs and Succef-fors,
do give and grant Licence, by this our Charter, unto the faid Ed-,
ward Earl of Clarendon^ George Duke of Albemarle^ WilUara Earl of
Craven^ "John Lord Berkeley^ Anthony Lord Ajhley^ Sir George Carteret^
Sir John Colleton, and Sir William Berkeley, and their Herrs and Afligns,^
and to all the Inhabitants and Dwellers in the Province or Territory a-forefaid,
both prefent and to come, full Power and abfolute Authority
j
to import or unlade, by themfelves or their Servants, Factors, or Af-figns,
all Merchandifes and Goods whatfoever that fliall arife of the
Fruits and Commodities of the faid Province or Territory, either by
Land or Sea, into any i-'^e Ports of us, our Heirs and Succeflbrs, 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
jiext after the unlading, to lade the faid Merchandifes and Goods agairt
into the fame or other Ships 5 and to export the fame into any other
Countries, either of our Dominions or Foreign, being in Amity with us,
bur Heirs and Succellbrs, fo as they pay fuch Cuftoms, Sublidies, and
other Duties, for the fame, to us, our Heirs and SucceiTors, as the reft
©four Subjects of this our Kingdom, for the Time being, fliall be bound
to pay ; beyond which, we will not, that the Lihabitants of the faid
Province or Territory,- fhall be any ways charged : Provided neverthelefsy
and our Will and Pleafure is, and we have further, for the Coniidera-tions
aforefaid, of our fpeciai Grace, certain Knowledge, and mere Mo-tion,
given and granted, and by thefe Prefents, for us, our Heirs and
SuccefTors, do give and grant unto the faid Edward Earl of Clarendo??^
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 Affigns, full and free Licence, Power,'
and Authority, at any Time or Times, from and after the Feaft of St,
Michael the Archangel, which fliall be in the Year of our L6rd Chrif^
One Thoufand Six Hundred and Sixty &even, as well to import and'
bring into any of our Dominions, from the faid Province oi Carolina,-
er any Part thereof, the feveral Goods herein after mentioned y that is
to fay. Silks, Wines, Raifins, Capers, Wax, Almonds, Oil, and O-lives,
without paying or anfwering to us, our Heirs and SuccefTors, any
Cuftom, Impoft, or other Duty, for or in Refped: thereof, for and du-'
*ing the Term and Space of Seven Ycare, to commence and be ac-*;
counted'
The Proprietors Second CHARTER. vii
"counted from and after the Importr.tion of Four Tons of any of the
faid Goods, in any one Bottom; Ship, or Velfel, from the faid Province
t)r Tsrricoryj into any of our Dominions ; as alfo, to export, and carry
out of any of our Dominions, into the faid Province or Territory, Cuf-ifeom-
fl-ee, all Sorts of Tools which fliall be ufeful or neccllary for the
Planters there, in the Accommodation and Improvement of the Premi-
Ics: Any Thing before in thefe Prefents contained, or any Law, A&i^
Statute, Prohibition^ or other Matter or Thing, heretofore had, made^
enaded, or providedj in any-wife, notwithltanding,
AND further more^ of oiir mere ample and efpecial Grace, cer-tain
Knowledge, and mere Motion, we do, for us, our Heirs and Suc-ceiTors,
2;rant unto the laid Edward Earl of Clarendon^ George Duke of
Albemarle., William Earl of Craven, John Lord Berkeley^ Anthojiy Lord
yljl:lev. Sir George Carteret, Sir Joh?i Colleton, and Sir William Berkeley^
their' Heirs and Aliigns, full and abfolute Power and Authority, to
make, eredtj and conilitutej within the faid Province or 'territory, and
tlie ides and lilets aforefaidj fucll and fo many Sea-Ports, Harbours,
Creeksj and other Places, for Difcharge and unlading of Goods and
MerchandifeS) cut of Ships, Boats, and other VefTels, and for lading
of thcnij in fuch ind fo many Places, with fuch Jurifdiftions, Privi-leges,
and Franchifes, unto the faid Ports belonging, as to them fliall
feerii moil expedient j and that all and lingular the Ships, Boats, and
other Vefiels, whicli fliall come for Merchandifes and trade into the
faid Province or Territory, or iliall depart out of the fatne, fliall be
laden and unladen at fuch Ports only as Ihall be ere6ted and conflituted
by the laid Edward Earl of Clarendon, George Duke of Albemarle^ V/il-liara
Earl of Craven, John Lord Berkeley, Anthony Lord AJlley, Sir
George Carteret, Sir John Colleton, and Sir William Berkeley, their Lleirs
and Affigns, and not elfewhere : Any Ufe, Cullom, or Thing, to the
(Contrary, notwithftanding.
AND wc do further will, appoint, and ordain, and by thefe Pre-jrei:!
ts, for us^ our Heirs and SucceiTors, do grant unto the faid Ed-hvard
Earl of Clarendon, George Duke of Albeinarle, William Earl of Cra-ven,
John Lord Berkeley, Anthony Lord AJloley, Sir George Carteret^
Sir John Colleton^ and Sir William Berkeley, and their Heirs and Affignsi
that they the faid Edward Earl of Clarendon, George Duke of Albe-marle,
William Earl of Craven^ John Lord Berkeley, Anthony Lord AJli-ley.
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 Subiidies, in the Ports, Harbours, Creeks, and
other Places within the Province aforefaidj payable for the Goods,
Wares, and Merchandifes there laded, or to be laded or unladed ; the
faid Cuftoms to be reafonably aireifed, upon any Occafion, by them-felves,
and by and with the Confent of the free People, or the greater
Jt'art of them, as aforefaid ; to whom we give Power, by thefe Prefents,'
for us, our Heirs and SucceiTors, upon juH Caufe, and in due Proper-tioHj
to aiTefs and impofe the fame.
AND^
Viri ^he Proprietors Second CHARTER.
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 SuccefTors, do give, grant, and confirm,
unto the fiiid Ednvard Earl of Clarendon^ George Duke of Albema}'h\
IVilUam Earl of Craven^ John Lord Berkeley, Antho7iy Lord AJJAey, Sir
George Carteret, Sir John Colleton, and Sir Williatn Berkeley; their Heirs
and Affigns, full and abfolute Power, Licence} and Authority, that
they the faid Edivard Earl of Clarendon, George Duke of Albemarle^
William Earl of Craven, John Lord Berkeley^ Antlmiy Lord AJJdey, Sir
George Carteret, Sir John Colleton, and Sir WilUara Berkeley, their Heirs
and Affigns, from Time to Time hereafterj for ever, at his and their
Will and Pleafure^ may affign, aliens grant, demife, or enfeoff, the
Premifes, or any Part or Parcel thereof, to him or them that fhall be
willing to purchafs the fame, and to fuch Perfon and Perfons as they
fhall think tit^ to have and to hold to them, the faid Perfon or Perfons,
their Heirs and Afilgns, in Fee-Simple, or in Fee-Tail, or for Term of
Life or Lives, or Years j to be held of them the faid Edimrd 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 JVilliam Berkeley, their Heirs and AiTigns, by fuch Rents,
Services, and Cufloms, as lliall feem fit to 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 Colle-ton,
and ^'vi Willia^n Berkeley, their Heirs and Affigns, and not of us,
our Heirs and SucceiTors : And to the fame Perfon and Perfons, and to
all and every of them, we do give and grant, by thefe Prefents, for us,
our Heirs and Succeffors, Licence, Authority, and Power, that fuch
Perfon or Perfons may have and take the Premifes, or any Part thereof,
of the fiiid Ed%vard Earl of Clare?idon, George Duke cf Aihet7iarle^ Wil-liam
Earl of Craven, John Lord Berkeley^ Anthcjiy Lord Ajloley, Sir
George Carteret, Sir John Colleton, and Sir William Berkeley, their Heirs
and Affigns ; and the fame to hold to themfelves, their Heirs and Af-figns,
in what Eftate of Liherftance foever, in Fee-Simple, or Fee-Tail,
or otherwife, as to them the hid Edivard Eart of Clarendon, George
Duke of Albemarle, William Earl of Craven, John Lord Berkeley, An-thom
Lord AJhley, Sir George Carteret, Sir John Colleton, and Sir Wil-liam
Berkeley, their Heirs or Affigns, fhall feem expedient j the Statute
in the Parliament oi Edivard, Son of King Henry, heretofore King of
Enrrland, our Predeceffor, commonly called the Statute o£ ^da emptores
'Terrar, or any other Statute, Aft, Ordinance, Ufe, Law, Cuflom, or
any other Matter, Caufe, or Thing, heretofore publiffied or provided
to the contrary, in any-wife, notwithftanding.
AND becaufe many Perfons, born arid inliabiting in the faid Pro-vince,
for their Defcrts and Services, may expedt and be capable of
Marks of Honour and Favour, which, in Refped: of the great Diilance^
cannot be conveniently conferred by us ; our Will and Pleafure there-fore
is, and we do by thefe Prefents, give and grant unto the faid Ed-^
ivard Earl of Clarendon, George Duke of Albemarle, William Earl of Cra-^
n)en, John Lord Berkeley, AnthoJiy Lord AJl:ky,, Sir George Carteret.^
Sir
The Proprietors Second CHARTER. \x
Sir yohi Colleton, and Sir William Berkeley, and their Heirs and Affigns,
full Power and Authority, to give and confer unto and upon fuch of
the Inhabitants of the faid Province or Territory, as they fhall think
ao or fhall merit the fiime. fuch Marks of Favour and Titles of Ho-nour,
as they iliall think ht ; fo as their Titles or Honours be not the
fame as are enjoyed by or conferred upon any of the Subjed:s of this
our Kingdom oi England.
AND further alfo, we do, by thefe Prefents, for us, our Heirs and
SuccelTors, give and grant Licence, to the faid Edward Earl oi Cla-rendon,
George Duke of Albemarle, William Earl of Craven, John Lord
Berkeley, Anthony Lord AJliley, Sir George Carteret, Sir "John Colleton^
and Sir William Berkeley, and their Heirs and Affigns, full Power, Li-berty,
and Licence, to ere6t, raife, and build, within the faid Province
and Places aforefaid, or any Part or Parts thereof, fuch and fo' many
Forts, Fortreifes, Caftles, Cities, Boroughs, Towns, Villages, and other,
Fortifications whatfoever j and the fame, or any of them, to fortify and
furnifh with Ordinance, Powder, Shot, Armour, and all other Wea-pons,
Ammunition, and Habiliments of War, both defenfive and of-fenfive,
as fliall be thought fit 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 fhall require, to dif-mantle,
disfurnifh, demoliHi, and pull down : And alfo to place, con-ftitute,
and appoint, in or over all or any of the faid Caftles, Forts,
Fortifications, Cities, To\vns, and Places aforeiaid. Governors, Deputy-
Governors, Magiflrates, Sherifs, and other Officers, Civil and Military,
as to them fhall feem meet : And to the faid Cities, Boroughs, Towns,
Villages, or any other Place or Places, within the faid Province or Ter-ritory,
to grant Letters or Charters of Incorporation, with all Liberties,
Franchifes, and Privileges, requifite or ufual, or to or within this our
Kingdom o^ ^nghmd granted or belonging ; and in the fame CitieSj Bo-roughs,
Towns, and other Places, to conflitute, ereft and appoint fuch
and fo many Markets, Marts, and Fairs, as fliall, in that Behalf, be
thought fit and neceffary : Aiyd further alfo, to erecSt 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 alt
Things whatfoever which to a Court-Baron do belong j and to have and
to hold Views of Frank-Pledge and Court-Leets, for the Confervation
of the Peace and better Government of.thofe Parts, with fuch Limits,
Jurifdi(5lions and PrecincCts* as by the faid Edward Earl of Clarendon^
George Duke oi Albemarle, William Earl oi 'Craven, John Lord Berkeley,
Anthony Lord AJhlcy, Sir George Carteret, Sir John Colleton, and Sir Wil^
Ham Berkeley, or their Heirs, fhall be appointed for that Purpofe, witl>
ail Things whatfoever which to a Court-Leet, or View of Frank-
Pledge, do belong ; the fanie Courts to be holden by Stewards, to be
deputed and authorifed by the faid Edward Earl of Clarendon, George
"Duke of Albemarle, William Earl ol 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 fliall be eredied.
c ANI>
The Pi-cprietor,s Second CHARTER.
AND becaufe that in ^o remote a Country^ and fituate among fo
many barbarous Nations, the Invafions of Savages and other Enemies,
Pirates, and ]lobbers, may probably be feared j therefore, we have givenj
and for us, our Heirs and Succeffors, do give Power, by thefe PrefentSj
unto the faid Edward Earl of Clarendon.^ George Duke of Albemarle^
William Earl of Cra'ven, Jolm Lord Berkeleyy Antho?iy Lord AJklcy, Sir
George Carterety Sir "John Colleton^ and Sir WiUiam Berkeley^ their Heirs
or Affigns, by themfelves, or their Captains, or other Officers, to levy^
mufter, and train up all forts of Men, of what Condition foever, or
wherefoever born, whether in the faid Province, or elfewhere, for the
Time being ; and to make War, and purfue the Enemies aforefaid, as
well by Sea, as by Land j yea, even without the Limits.of the faid Pro-vince,
and, by God's Affiftance, to vanquiih, and take them ; and being
taken, to put them to Death, by the Law of War, and to fave them at
their Pleafure, and to do all and every other Thing, which to the Charge
and Office of a Captain General of an Army, hath had the fame.
Alfo, our Will and Pleafure is, and by this our Charter, we do
give and grant unto the faid Edward Earl of Clarendon^ George Duke
of Albemarle^ William Earl of Craven^ 'John Lord Berkeley^ Anthony
Lord Afoley, Sir George Carteret^ Sir Jolm Colleton, and Sir William
Berkeleyy their Heirs and Affigns, full Power, Liberty, and Authority,
in Cafe of Rebellion, Tumult, or Sedition, (if any fliould happen,
which God forbid) either upon the Land within the Province afore-said,
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 j to
whom iilfo, for us, our Heirs and Succeffors, we do give and grant,
by thefe Prefents, full Power and Authority, to exercife Martial Law
againll any mutinous and feditious Perfons of thefe Parts *fuch as fhall
iefufe to fubmit themfelves to their Government, or fliall refufe to ferve
in the War, or fliall fly to the Encmyj^r forfake their Colours or
Enfigns, or be Loyt^rers, or Straglers, OTFothcrwife offending againff
Law, Cuftom, or Military Difciplinc ; 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 Pleafui'e is, and by thefe Prefents, for us, our
Heirs and Succeffors, we do grant unto the, faid Edward Earl of Cla-rendon,
George Duke of Albemarle, William Earl of Craven, John Lord
Berkeley, Ajithony Lord AJtoley, Sir George Carteret, Sir John Colleton,
and Sir William Berkeley, their Heirs and Affigns, and to the Tenants
and Inhabitants of the faid Province or Territory, both prefent and to
come, and to every of them, that the faid Province or Territory, and
the Tenants and Inhabitants thereof, ffiall not, from henceforth, be
held or reputed any Member or Part of any Colony whatfoever in
America, or elfewhere, now tranfported Or made, or hereafter to be
tranfported or made ; nor ffiall be depending on, or fubjedt to their Go-vernment
in any Thing, but be absolutely feparated and divided from
the
Tbe Proprietors Second^ CHARTER.
the fame ; and our Pleafure is, by thefe Prefents, that they be feparated,
and that tliey be fubjed: 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, fliall, at' any Time hereafter, be com-pelled,
or compellabie, 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, Colonies, or
Dominions in America^ or elfewhere, other than in our Realm of
Etigland^ 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 Exercife of Religion, according to the Liturgy, Forms,
and Ceremonies of the Church of England, or take and fubfcribe the
Oaths and Articles made and ellabliflied in that Behalf5 and for that the
fame, by Reafon of the remote Diftances of thofe Places, will, as we
hope, be no Breach of the Unity and Conformity eftablifhed in this Nati-on
; our Will and Pleafure therefore is, and we do, by 'thefe Prefents, for
us, our -Heirs and SuccelTors, give and grant unto the faid Edward
Earl of Clarendon^ George Duke of Albemarle^ William Earl of Crave?!,
John Lord Berkeley^ Anthony Lord Afiley, Sir Gco?ge Carteret, Sir John
Colleton, and Sir William Berkeley, their Heirs and Affigns, full and free
Licence, Liberty, and Authority, by fuch Ways and Means as they
(hall think fit, 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 Letters 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
Reftrictions, as they the faid Edward Edivl of Clarendon, George Duke of
Albemarle, William Earl of Craven, John Lord Berkeley, Ajithony Lord
AJlAey, Sir George Carteret, Sir yohn Colleton, and Sir William Berkeley^
their Heirs or Affigns, lliall, in their Difcretion, think fit and reafonable
:
And that no Perfon or Perfons unto whom fuch Liberty jQiall be given,
fliall be any w^ay molefted, puniflied, difquieted, or called in Queftion,
for any Differences in Opinion, or Practice in Matters of religious
Concernments, who do not adlually difturb the Civil Peace of the Pro-vince,
County or Colony, that they fliall make their Abode in : But
all and every fuch Perfon and Perfons may, from Time to Time, and at
all Times, freely and quietly have and enjoy his and their Judgments
and Confciences, in Matters of Religion, throughout all the faid Pro-vince
or Colony, they behaving themfelves peaceably, and not ufing
this Liberty to Licentioufnefs, nor to the Civil Injury, ©r outward Di-fturbance
of others : Any Law, Statute, or Claufe, contained or to be
contained, Ufage or Cuftom of our Realm of England, to the contrray
hereof, in any-wife, notwithflianding.
A N D in Cafe it fliall happen, that any Doubts or Queflions fliall
arife, concerning the true Senfe and Underftanding of any Word,
Claufe, or Sentence contained in this our prefent Charter j we will.
Ordain, and command, that in all Times, and in all Things, fuch In-terpre-
xu The Proprietors Second CHARGE R.
terpretations be made thereof, and allowed in all and every of our Courts
whatfoever, as lawfully may be adjudged moft advantageous and favour-able
to the faid Edward Earl of Clarendon^ George Duke of Albemarle
^
William Earl of Craven^ John Lord Berkeley, Antlmiy Lord Ap^ley^
Sir George Carteret^ Sir John Colleton, and Sir William Berkeley, their
Heirs and Affigns, although exprefs Mention, Gfc.
WITNESS Ourfelf, at Wejlminjler, the Thirtieth Day oi June,
in the Seventeenth Year of Our Reign.
Per ipfum Regem.
GREAT DEED of GRANT.
GEORGE Duke oi Albemarle, Mailer of his Majefty's Horfe ; Ed'^
tuard Earl of Clarendon ; fVilliam Earl of Craven ; ^ohn Lord Ber^
keley j Anthony Lord AJhIey, Chancellor of the Exchequer ; Sir
George Carteret^ Vice-Chamberlain of his Majefty's Houfhold ; Sir
William Berkeley, Knight j and Sir John Collctony Baronet j the tru«
and abfolute Lords Proprietors of all the Province of Carolina.
To our trufty and well-beloved SAMUEL STEPHENS, Efq;
' Governor of our County of Albemarle, and the Ifles and Illcts within
Ten Leagues thereof j and to our trufly and well-belovcdCouncil«
lors and Affiftants to our faid Governor. Greeting. WHE R E A S we have received a Petition from the Grand
Affembly of our County of Albemarle, praying, That the
Lihabitants of the faid County may hold their Lands upon
the fame Terms and Conditions that the Inhabitants of
Virginia 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 grant, that the Inhabitants of the faid County do hold their Lands
of us, the L«rds Proprietors, upon the fame Terms and Conditions that
the Inhabitants of Virginia hold theirs : WHEREFORE, be it
known unto all Men, by thefe Prefents, That we, the faid Lords and
abfolute Proprietors of the County within the Province aforefaid, have
given, granted, and by thcfe Prefents, do give and grant, full Power
and Authority unto you, the faid Governor, by and with the Confent of
our Council, or the major Part thereof, or to any Governor for the
Time being, or that {hall hereafter be by us appointed, full Power and
Authority, by and with the Confent of our Council then being, or the
major Part thereof, to convey and grant fuch Proportions of Land, as,
by our Inftrudtions and Conceflions, annexed to our Commiflion, bear-ing
Date in OSfober, Anno Dom. 1667, we have appointed, to liich
Pel fons as fhall come into our faid County to plant or inhabit j to be
held of us, our Heirs and Afligns, upon the fame Terms and Condi-tions,
that Land is at prcfent ufually Granted in Virginia 3 any thing ia
our Inftrudlions and Conceflions aforefaid to the contrary, notwithfland-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*
oil, that (hall 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, (hail be good and eife<flual in
Law, for the Enjoyment of the faid Land or Plantation, and all the
Benefits and Profits of, and in the f^me, (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, thi
irji vf May, Anuo Dom, j668,
Albemarle^ Craven,
Berkeley^ -AJhley^
Cartint, Cslletomn
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LA W S cf North-Carolina.
/} n
''•p^^•:,PQpQP^^PV^r-^^-iP^i^' '^^^'"iP"•^<-•^P''^^^'^^
ANNO REGNI GEO II I,
Regis Magnae, Britanniae, Franciae, &c Hi-beriiiae,
Secundi.
At a General Biennial ASSEMBLY, held at the Houfe llV.^lk
of Caut. Richard Sauckrjon^ at Ltttk River^ begun the '^''''"'''"*
17th D-Ay oi November, 17 15, and continued, by feveral
Adjournments, until the 19th Day of JiUiumy^ ^7^5-
CHAP. 1.3
An A5i^ concer?ihig Marriages. OBSOLETE.
CHAP. II.
An A5i^ concerning Transferring Rights. O B S.
CHAP; III.
An ABy concerning Defrafing the Charges of the Governor and Councih
O B S.
CHAP. IV.
An Ad^t Prohibiting Strangers Trading with the Indians. O B S*
CHAP.
L A JV S of North-Carolina.
A. D 1715. CHAP. V.
An ABy for the fpeedy Settlement of Lands. O B S.
CHAP. VI.
An A£f, Exempting New-Comers from paying Levies for One Tear.
OBS.
CHAP. VII.
^rn^\iAi'^' -^^ -^^i f^^ ^^^ better obferving the Lord's Day called Sunday, the 2otb
0/ January, the zgth (p/'May, and the 22d of September ; and aljo for
the Sitpprefjing Prophanenefs^ Immorality^ and divers other vicious and
enormous Sins.
CHAP. VIII.
Rep. by Aa, A. jIyi A5ly for EJ}abliJl:>ing the Churchy and appointing feledi Vefries.
I iij - — -
CHAP. IX.
The Suhftancs of jlfi A5f, for Liberty of Confclejice, and that the Solemn Affirmation of the
£\t?he r v'tl People called fakers Jlfall be accepted, injiead of an Oath in the ufual
Statut'-s of En~ Ttnyrrt
gland, marte in
JTUf m.
Force in this
Province by A£l,
, _ _ ^
OH. 16, 1749. ' " ~" '
CHAP. X.
Rep. by h-s Ma- An AB, relating to the Biennial, and other AJfemblies j and regulating
3' y
'
^ «.
Elections and Mefnbers,
CHAP. XI.
Coroners appointed.
I. TJ E it Enacted, hy his Excellency the Palatine, and the reji of the true and
X) ^bfclute Lords Proprietors of Carolina, by and with the Advice and Con"
fern of this prefent General Affemhly, now met at Little River, for the North Eaft
point'" Co*ron?r^ P^Tt of the /aid Provincc, and it is hereby Enacted, That there fhall be one able
?nft''''b''' c'''"
^"^ fubflantidl Freeholder appointed, to be Coroner in every Precinft which now
mm,J ""'
is, or hereafter Ihall be laid out within this Government j which Officer the Go=^
vernor
LA IV S of North-Carolina.
A I) 1715.
vernor or Commander in Chief tor the Time being is hereby defired, authorifcd,
and impowered, by Commiffion, under his H«nd and Seal, to commiffionate
and appoint ; who fhall, by Virtue of this Ad, and fuch Commiflion granted
thereupon, be fully invtfted with all fuch Powers and Authorities as to the Office
of a Coroner, by the Laws and Cuftoms of the Kingdom of Great-Bniainy doth
of Right belong or appertain.
II. AND he it further EnaBed^ hy the Authority aforefaidy That every Coro- c-ironcr'a 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 tiie Secretary's Office,
(which he is hereby required, direded, and commanded, within Three Months,
after the Date, to do,) the Sum of Sixteen Shillings and Eight Pence, for his
own Fee.
III. AND he it further Ena£fed, hy the Authority aforefaidy That each Jury- Eich juryman
man fhall be paid the Sum of Twelve Pence per Diem, and the Conftable who c nftfbu-^'rTk
fummon.th the Jury, the Sum of One Shilling for every Juryman-, the Whole fr each jury=
to be levied, by a Warrant from the Coroner, upon the Eftate ot the Party on "^"^^^
^'""*
whofe Body any Inqueft fhall be taken, if any fuch can be found: Ctherwifefuch
Charges to be paid out of the Public Trcafury.
CHAP. XII.
I » ...
An ABy for Salification of Public Officers. O B S.
CHAP. XIII.
An A£ly to appoint Confiables, ^=p- *>>• Aft, ^
fnltt, 17+1.
CHAP. XIV.
An A51, relating to the Jujlices of the Court of Pleasy and to prevent the Rep. by Aa.
Commijioners and other inferior OJicers of the faid Courty pleading as
^"' ^' '^'*^*
Attornies.
CHAP. XV.
An Acfy afcertaining the Time and Method for the Executing and Return Rep. ty Aft,
of Original Writs 'y and for the better regulating divers Proceedings in
^"'^' *'**•
the Court of Pleas.
Vr tx £% tr*
-- /) -';.
LA H S of N O R T H - C A II O L I N A.
CHAP. XVI.
An ASf, to direcl the Method to be cbferved, in the Examlnatkn and Com-jnittmnt
(f Criminals.
E it EnaHed^ by his Excellency the Palatine, and the refi of the true and
and Kbjclute herds'Proprietors of Carolina, by and wah the Advice and
Corj.nt of this prefent General j ffemUy^ new met at Little River, for the North-
No Perfnn ftiaii ^I'^i"^ -P^'^^ <^f ^^^ j^-'''^ PrcvmcCy and It is hereby Ena£fd^ That trom henceior-wrh
ut'Vx'Jn.',
wr ,^ut xdn.,. ^^'"'••' "° i^trfon witliin this Province fhall be committc^d to Prifon for any Cri-j^_
jjj^^| jvi^jj.,!-^ ^^^^[ Examination th.reof be firft had before fome Magiitrate
;
w ^.ftrate ft.il ^j-^icj^ Magifttate {hall admit the Party to Bail, if bailable, and fhall record the
adit, t t^ BjjI, i« , • • i- I , ,r , r 1. » • .,-,., , ,
ba:'ah . Jtixamniaticn ot the r arty, and alfo the full Matter given in Evidence, both a-li-
laT<'n '& S-^'"^ hun ind for him, with all concurring Circun.ftcnccs ; apd fhall take Re-th-
M ttc.g'vci, cognizancr, with good and fuificient Securities, to our Sovcr.ing Lord the King,
g"ii^tV' a"nd' f r
^^^ ^^'^ Iniordi^r to appear and proEcute, as the Laws of the Kingdom of Great-h
ni.
'
Britain and this I'rovince do dir:6t •, and likewife for all Evidences for the King
c'Vn'zanc', t,
' ^^ appiar, and give Evidence againif the Criminal, at the next Court, where tue
ptf.ut, ana M^.tt r is cogniz/^-blc, cnfuing fuch Examinaton : Which Examination and Re-
And fh.Jrtiin cognizances fo t^^n, fhall be returned to the Office of the Court wherein the
all t 'ht nx ivi,,ti r is to be tried, under the Penalty of live Pounds for every Neglrd;
iw.'mr is to b, C ne iialf to the Lords i- roprietcrs, and theothir Half to him or them that fhall
trrd, u;.c).rP:-- (^,. fQj. j-jj^ fame: To be recovered, in any Court within this Government, by
tvcry N.g.cft. /:dlion of Dvbt, Bill, Plaint, or information-, whcr.in no EfToin, Protedtion,
Injundtion, or Wager of Law, fhall be allowed or admitted of.
R«p. by Aft,
i'«. 5, 1746,
Chap. 2.
CHAP. XVII.
An ABj concerning Ei'idences.
CHAP. xvin.
K' ? ,^6* -^'^ ^^> fi^ ^^^ Rrlicf of fuch Creditors nvhofe Debtors having Lands in
Ci'-j- a.' ' ' -this ikvnnnnnt^ depart^ ivithout leaving Pcrfonal EJlate fufftcient to
fdy their Debts.
CHAP. XIX.
An AEl\ concerning Efcapcs of Perfons wider Execution. O B S.
CHAP.
LAWS c/' North-Carolina.
CHAP. XX.
A. D. 1715
j4n A5i^ to direci the Difpofal of Goods tahm upon Execidion ; and for
the better Rcgulatio'n of Dijirejj'es hereafter to be made^ for Levies and
^it-Rents.
I. T) E it Enacted^ by his Excellency the Palatin, and the reji of the true and ah-
_|3 folate Lords Proprietors cf Carolina, by and with the Advice and Confent
of this prefent General Affernbhj^ no'uj met at Little River, for the North Eaft Part
of the fad Province^ and by the Authority of the fame, it is hereby Enacted, That where Goods are
in all Cafis whatfocver, where any Goods or Chattels iTiall be taken upon Execu- "e''„'"„''''D^f7"
tion, granted, or hereafter to be granted out of any Court, or by Diftrefs for th.y ihaii remain
Taxes and Quit-Rents, the fame fhall remain in Cuftody of the Provoft Marfhal, 7^ d/^'s'-Tnot
or his Deputy, Conflable, or fuch other Perfon levying or making Execution or btfrercdeem'd,
Diftrefs, tor and during the Space of Ten Days-, at the Determination of which 'rai^'dl '' Fr'el
Time, (if they are not before redeemed by the Perfon from whom they were holders, a to be
taken,) they fliall be appraifed by four fubftantial Freeholders of the County, p^^t^
^^ "'^
two to be chof.n by the Party from whom they were taken, and the other two
by the Party that is to be poiielTed of the fame ; and in Cafe it happens that both, if any p.,rty fail
or either, Party or i^arties, fhall not make fuch Choice as aforefaid, th?n the faid !"
"''Sffi^''^".!"
Marfhal, or his Deputy, Conftable, or other Perfon, levying or making fuch make choice for
Execution or Diftreli!, fhall make Choice, in Behalf of him, her, or them, who ''""'
Ihail fo ncglcd to make Choice j and if the Appraifers fo nominated and ap- if Appraifers
pointed, (bemg firft fworn before foine Magiftrate,) cannot agree in their Ap- ^^^^T^i^^^^
praifement, thrn the faid Appraifers, or any Three of them, fhall, and they are umpire, who,
hereby impowLred and required, to choofe an Umpire, who (being alfo fworn as de'efm'^T"'he"
aforefaid,) fnall determine the Matter -, and the Property of fuch Goods fo ap- Matter.
praifed fhall forthwith be in and to the Party for whom they were taken, he or ^^^ G'^riifia'ii
they returning the Overplus (if any be) to the Perfon whofe Goods or Effects be in tiic Party
Ihall be fo taken in Execution, or diftrained upon and appraifed, afttr the origi- Slre''tarn/''re-nal
Debt, with all accruing Cofts, are fatisfied and paid out of the fame. turning ove'rpius
if any.
II. PRO FID E D aliuays. That in all Cafes where the Sum taken by Execu- if the Sum do
tion or Diflrefs, fliall not exceed Fifty Shillings, there fliall be only Two Ap- "h'n'Tni'' mo
praifers, to be equally elected and nominated, as aforefaid. Appraifas.
III. AND be it further Enabled, by the Authority aforefaid. That the Provoft- Excc»tion to be
Marfhal, or his Deputy, after Execution levied, fhall make Return of the Exe- and thereentred!
cution to the Court that granted it, there 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, concerning Attornicsfro7n Foreign Parts, andfor giving Priority Rep. by hu Ma.
to Country Debts. jf'^y'' ^'^"> "^
^ Council.
B CHAP.
L A JV S of North -Carolina.
A. D. 1715.
Rep. by Act,
Dec. 5, 1746.
all but thegih &
loth Se£lions j
which are as fol-low.
CHAP, XXIL
An ASfj concerning Appeals^ and Writs of Error.
IX. T) E it Enacted, hy his Excellency the Palatine, and the reft of the true
|j and abfolute Lords Proprietors of Carolina, by and with the Adnjice and
Confent of this prefent General Affembly, now met at Little River, for the North-
Eaft Fart of the faid Province, and by the Authority of the fame, it is hereby En-acted,
That in Cafe any Suit or Matter fliould arife in the Court of Chancery,
where the Governor or Commander in Chief of this Government for the I'ime
being, may be a Party, or intereftcd therein, it fhall and may be lawful for any
Four of the Members of the Court to fit and a<5t 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, fhall, upon his entering into that Office, and before he prefumes
to give his Opinion or Determination in any Caufe that fhall come betore him,
take an Oath, That he will do Right to all Manner of Perfons, according to the
bell 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 Ihall negleft or refufe to take the fame •, One Half to the
Lords Proprietors, the other to him or them that fhall fue for the fame : To be
recovered, by Aftion of Debt, Bill, Plaint, or Information, in any Court of Re-cord
within the Government ; wherein no Efibin, Injundion, Protedion, or Wa-ger
of Law Ihall be allowed or admitted of.
CHAP. XXIIL
^arch\^^' % -^^ -^^> t^ P^^'^^nt the Inhabitants of Bath County bringing Anions in the
Chap. 6,' General Court again]} one another, for lefs than Ten Powids.
Rep. by Aft, A.
pril ^, 1741.
Chap, 15.
CHAP. XXIV.
An A6i^ for the Tryal offmall and mean Caufes.
Rep. by A£l, A-prili^,
1740.
Chap. 12.
CHAP. XXV.
An ABy for the better Regulation of the Militia of this Government,
ThefubjeftMat.
ter of this Aft
regulated by the
King's Inftruai-cns
and Orders of
Government
here, therefor©
Obfolete.
CHAP. XXVI.
The Form ofa Patent.
CHAP.
L A I'FS of North-Carolina. 7
A. D. 1-15.
CHAP. XXVII. U.-Y—
'
^n ABj concerning old Titles of Lands ; and for Limitation of A5lio7is^
andfor avoiding Suits in Law.
I. "TTTHEREAS great Suit, Debate, and Controverfy hath heretofore Preamble.
Y Y been, and may htreafter arife, by Means of ancient Titles to Land de-rived
from Patents granted by the Governor of Virginia^ the Condition of which
iPatents 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 J^atents granted in this Government -, for Prevention whereof, and for quieting
Mens Eftatcs, and for avoiding Suits in Law,
II. Be it Enabled, by his Excellency the Palatine, and the reft of the true and f^Hfl^'^ll^Z
ahfolute Lords Proprietors of Carolina, by and with the Advice and Confent of derived fromCre-this
prefent General Jffembly^ now met at Little River, for the North-Eaft Part tr,''o?Admi-cf
the faid Province, and it is hereby Enabled by the Authority of the fame., That niftrawrs, . r by
all Poffeflions of, or Titles to any Lands, Tenements, or Hereditaments what- by"ind"ri"mentof
foever, derived from any Sales made either by Creditors, Executors or Admi- Patent, ''^"''^j'''^
niftrators of any Perfon deceafed, or by Hufbands and their Wives, or Hufbands continued in Pof-in
Right of their Wives, or by Indorfcment of Patents, or othcrwife, of which ''^1^','" ^„ J"^"^
the Purchafer or PofTeffor, or any claiming under them, have continued, or ftiall ratifid, and'de-continue
in Pofleffion of the fame for the Space of Seven Years without any Suit
^{"'j^fj'^"^^' ^^
in Law, be, and are hereby ratified, confirmed, and declared good and legal, to gainftaiiPer'fons,
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, notwithitanding.
.III. AND be it further EnaBed, by the Authority aforefaid. That no Perfon Perfons hereafter
.or Perfons, nor their Fleirs, which hereafter (hall have any Right or Title to any /hulmakcCiai'm
Lands, Tenements, or Hereditaments, (ball thereunto enter or make Claim, but with.n 7 v^ars,
within Seven Years next after his, her, or their Right or Title which defcend or crued ; or be ut-accrue
; and in Default thereof, fuch Perfon or Perfons fo not entering or making ^^i^'y excluded.
Default, fhall be utterly excluded and difabled from any Entry or Claim there-after
to be made.
IV. PROVIBEBne'verthclefs, That if any Perfon or Perfons that is, or
^^'^l%;^tlo.
hereafter fhall be, intitled to any Right or Claim of Lands, Tenements, or He- mm, &c. may
reditaments, fhall be, at the Time the faid Right or Title firft defcended, ac- j""
y^.^.f
3^1"'"
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 fiiall 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 done before this Aft, fo as fuch Perfon or Perfons fhall, within Three p^^^^^^ ^^y^^j
Years next after full Age, Dlfcoverture, coming of found Mind, Enlargement Seas, within 8
^ out of Prifon, or Perfons beyond Seas, within Eight Years after the Title or AiT'poffeffions'
Claim becomes due, take Benefit and fue fOr the fame, and at no Time after the ^^j'^^j.^/j/^^^"',.
Times or Limitations herein fpecified ; but that all Pofieflions held without fuing bra°'perpetua'i
fuch Claim as aforefaid, fhall be a perpetual Bar againft all and all manner ot Bjrj ^f^*^^^^"^*:^'
Perfons whatfoever, that the Expeftation of Heirs may not, in a fhort Time, feirvd, and no
leave much Land unpoirefTed, and Titles fo perplexed, that no Man will know
^^"J""^"^^"^
' x>f whom to take or buy Land.
V. AND be it further Enabled, by the Authority aforefaid. That all Aftions
f^^^^;°^%f^g^
of Trcfpafs, Detinue, Aftions fur Trover, and Replevin, for taking away of upon Accompt,
Goods
8 L ^ fF S ' of N ORT U' C A R O L I N A.
^ '^' -'
'_J
^°°^s ^"^^ Chattels; all Actions of Accompt, and upon the Cafe; all Aftions
&T^hlc^, of Debt tor Arrearages of Rent; anti all Adions of Affault, Menace, Battery,
&c. fli..u be fu d Wounding, and Imprifonment, or any of them, which fhall be fued or brought
i^'th-sAftiimi- at any lune after the Ratification of this Aft, Ihall be commenced or brought
ted, ¬aft.r. within the Time and Limitation in this A61: expreffed, and not after: That is to
comptT c.rc," fay; Aftions of Accompt Render, Adiions upon the Cafe, A6tions of Debt for
Debt foy Ancar- Arrearages of Rent, Adions of Detinue, Replevin, and Trefpafs 9uare Claufum
ages cfKtnt, • i • /-i-i -kz r i n -r r i « V^ ^^ i
D-t;nue, Rcp!e- /regit, Witlim 1 hree Years next alter the Ratification or this Ad, or within Three
ven, Tr.tprAs Ycars ncxt after the Caufe ot fuch Adion or Suit, and not after, except fuch Ac-
/e:it, within 3 compts as concern the Trade or Merchandife between Merchant and Merchant,
Accn'm t'^bcf-
^"'^ ^^^^^ Fadors or Servants ; and the faid Adions of Trefpafs, Affault and Bat-w.-
n M rchants, tcry, Wounding, Imprifonment, or any of them, within One Year next after
A(r'uit Tild Bit' ^'^ Ratification of this Ad, or within One Year after the Caufe of fuch Adion
tti-j-, Wound nc, or Suit, and not after ; and the Hiid Adions upon the Cafe for Words, within Six
SnT ye"ar. Months after the Ratification of this Ad, or within Six Months after the Words
Cafe f
. w rJs fpoken, and not after.
Within GMonths. *
If j.iigment i-e VI. PRO FID E D neverthekfs, and it is hereby further Enabled, That if on
fcr th^FiantfF, g^^y jj^g f^j^j Adions or Suits, Judgment be given for the Plaintiff, and the fame
end it be revcTs d ^^ *^ ~ , ^~*
orarnftcd, or bc revcrfed by Error, or a Verdidt pafs for the Plaintiff, and upon Matter al-th^
n '^^!^''hi^
's'-^'o'^d in Arreft of Judgment, the Judgment be given againft the Plaintiff, that
Plaint, yc. cr he take nothing by his r'laint, Writ, or Bill ; or if any of the faid Adions fhall
b!:'^a"tt?hed'""L' ^^ brought by original Writ, and the Defendant cannot be attached or legally
fuch cafs- the ferved with Procefs, that in all fuch Cafes, the Party Plaintiff, his Heirs, Execu-m3y''
a>mm1n«'^^ ^^rs, or Adminiftrators, as the Cafe ffiall require, may commence a new Adion
n^\y.' Sut 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.
I Yc;ar.
In Aaions of VII. A N D be it further Ena£ied, That in all Adions of Trefpafs ^iare Clau-
Trefpafs ^art J'^ffi fregit, hd'eaftcr to be brought, wherein the Defendant or Defendants fhall
ifThc'Detenfan't difckim in his or their Plea to make any Title or Claim to the Lands in which
difciaini, he ftaii thc Trcfpafs is by the Declaration fuppofed to be done, and the Trefpafs be by
plead rDifciam"- NegUgence, or involuntary, the Defendant or Defendants fhall be admitted to
er,.&r and the p]t;ad 3 Difclaimcr, and that the Trefpafs was by Negligence, or involuntary, and
j"in iffue. ' a Tender or Offer of fuiRcient Amends for fuch Trefpafs before the Adion brought,
DfenT-n-^""^ 'he
'^^^^^reupon, or upon fome of them, the Plaintiff or Plaintiffs fhall be inforced to
Plaint ff ihall be join Iffuc, and the faid Iffue be found for the Defendant, or the Plaintiff fhall be
su-tf frth^'' Non-fuited ; tlie Plaintiff fliall be clearly barred from the faid Adion, and all
fame. Other Suits concerning the fame.
^"^^
Aaions for VIII. AND be it further Enacted, by the Authority aforefaid. That in all Ac-if
Dimjges under tions upon the Cafe for flanderous Words, to be fued or profecuted by any Per i
rftAaHha''e'''"
^°" ^'^ ^^^^ General or Precind Courts of this Government, after the Ratification
more Cofis than of tfiis Ad, if the Jury, upon the Tryal of the Iffue in fuch Adion, or the Jury
Damages.
j.|-j^j £j^^jj ji^qyij-g of the Damages, do find or affefs the Damages under Forty
Shillings ; then the Plaintiff or Plaintiffs in fuch Action, fhall have and recover
, only fo much Cofts as Damages fo given or affeffed fliall amount unto, without
any further Increafe of the fame : Any Law, Statute, Ufage, or Cuftom to the
contrary, in any-wife, notwithftanding.
IX. P RO VID E D neverthelefs, and be it further Eriarnd, That if any Per-
Age^"&c" may fo^i Or Perfons that is or fliall be intitled to any fuch Adions of Trefpafs, De-bring
.'tHits witii- tinue, Adions fur Trover, Replevin, Adions of Accompt, and upon the Cafe,
Adions of Debt for Arrearages of Rent, Adions of Affault, Menace, Battery,
Wounding, and Imprifonment, Adions of Trefpafs ^iare Claufum fregit. Ac-tions
L A IV S o/" N O R T H - C A R O L I N A.
tions upon the Cafe for ilanderous Words, be, or ihali be at tiie lime or any (^^^J^^^^l^
fuch Caufe of Aftion given or accrued, fallen or come within the Age ot Tw'en- before limited,
ty One Years, Feme Covert, Non compos mentis^ imprifoncd, or beyond the Seas v ^J'^^II^'L™""
that then llich Perfon or Pcrfons fhall be at Liberty to bring the fame Atlions,
fo as they bring the fame within fuch Times as are before limited, alter their
coming to or being of full Age, Difcovert, of found Memory, at large, or re-turaed^
from beyond the Seas, as other Perfons, having no fuch impediment.
mighi have done.
CHAP. XXVIII.
Feme Coverts bow to pafs Lands.
I. "C T T H E R E A S the legal Way of pafTing Lands where the Eflate is in a prcamWc.
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 Ihe acknowledged the fame freely
:
II. B E il EtiaTied, by his Excellency ihe Palatine, and the reft of ihe irue and ah Sales hereto-ahfolute
Lords Prcprielors cf the Proi-ir.ce of Carolina, by and with ihe Advice HiObrnJ,'' with
and Confent cf the reft of the Members cf the General JJfembly, now met at Little kite's confent.
River, for the North-Eaft Part of the faid Province^ and it is hereby Enacted^ by ©<<<<<<<</of the fame. That all fuch Sales which have at any Time heretofore hereafter ftiaiUe
been made in Manner and Form aforefaid, or which hereafter fhall be made by kn.wUdged be-the
Huiband and Wife, and acknowledged before the Chief luilice, or in the ^"'°. ^^^ M'^>
*J ^
•^ or I n "rcc. net
Court of the Precinct where the Land lieth, the Wife having been firlt privately court, th • w.fe
examined, before the Chief Juflice or one of the afibciate Judges, or by fome thiTlmeTaiite
Member appointed by the Court of ihe Precind;, whether Ihe acknowledgeth the valid, as if^ done
fame freely, fhail be good and effectual againll the Hulband and Wife, and their aly^other wjy!'
and every of their lieirs and Affigns, and againft all other Perfons claiming by,
irom, or under them, or any of them, anel that to all Intents and Purpofcs, as
if the fame had been done by Fine and Recovery, or by any other Way or
Means whatfoever.
III. P RO FID E D always, and it is hereby meant and intended. That no- Not to be «on.
thing in this Act contained, fliall be conftrued or meant to give any Power or inuUs hereaftcrT
Authority hereafter ior cutting off intailed Lanels : Any Thing herein before con-tained
to the contrary, in any-wife, notwithfcanding.
CHAP. XXIX.
An A£i, for preventing Difputes concerning Lands already Surveyed.
I. TT 7 HE RE AS Difputes do frequently aiife concerning Lands already Preambk,
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 arifej
C n. BE
JO L A IV S (5/ North-Carolina.
A. D. lyiv
'***^
11. B E it Enacted, by his Excellency the Palatine, and the reft of the true and
ahfolute Lords Proprietors of the Province of Carolina, by and with the Advice and
Confent of the reft of the Members of the General Affembly, 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-i.
anns already J ' -^ i-/^ i-ij t/^ furveyed, & Pa- tcnts granted, within this Government, by all and every preceeding Governors,
f!rmef Gover^^ Dcputy-Govemors, or Prefidents, are hereby declared to be good and valid, to
nors, &c. good all Intcnts and Purpofes whatfoevcr ; any pretended Defecls or Infufficiency in the
and valid.
Powers or Authorities for fo doing to the contrary, in any-wife, notwithftanding :
Patents to be And that Patcnts may and ought to be granted on all and every the aforefaid
granted on the Survcys for which Patents are not already granted •, thofe lying within the con-arveys.
ji-Qverted Bounds only excepted.
He that will
jjj_ AND be it further Enacted, by the Authority aforefaid. That no Perfoa
%L ZiTgi^I"' whatfocver fliall take up any Marlli, Swamp, or funken Lands, but fliall firlt
Ownf 'f'he give Notice, in Writing, to the Owner of the Land adjoining: After Notice
Land adjoining, delivered in' Writing, before Evidence, fuch Perfon or Perfons fhall have Six
andifhenegieas
]y[Qnths Time to refolve whether he will take up the fame or no-, and in Cafe he
to take It up in
'•'i'^"'-"-' j. ii«»^ <-
, r •
i >- n /r i i -tir r
6 Months, the fhall not, before the End ot the laid Six Months, take out a Warrant to iurvey
TuchNotS'may. f"ch Matlh, Swamp, or funken Land, as fhall be contiguous to his own Land,
then the firft Perfon who gave fuch Notice may furvey and patent the fame.
Land maybe re- IV, AND bc it further Euactcd, by the Authority aforefaid. That if any Per-
IheTaner'surJey foH ftiall belicvc that there is contained in the Survey or Patent of any Perfon,
doth net exceed morc Land than the fame Survey or Patent mentions, then, and in fuch Cafe,
Ihan^TAcrrin fuch Pcrfon may employ the Surveyor-General, or his Deputy, to re-furvey fuch
the Hundred, to LgnJ .^ and if it fhall appear that the latter Survey doth not exceed the former
by more 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 re-furveying or
patenting the fame ; but the Party employing the Surveyor fliall pay all Charges.
Surveyor to go by V. AND be it further Enacted, by the Authority aforefaid. That in all Cafes
Tu'^arB'unds' of Differences where any Re-furvey fliall be made, the Surveyor Hiall always
or courfes and' procccd by the marked Trees, if the fame can be found, or by natural Bounds,
D.ftance. .^- ^^^ mentioned ; and if there be not marked Trees, then he fhall follow the
Courfes mentioned in the Plat or Patent, fo as the Intention of the Party fiirft
Re-furvey con- taking up may be obferved as near as may be : And if it fhall happen that in any
^io^pTrCe7^.oT. Re-furvey there fhall be more Land contained above the Quantity mentioned,
ner may take bcfides Ten in the Hundred before mentioned in this Aft, it fhall be in the Choice
ft"ir'wheleTe of the Owncr of the Land to take the fame, paying the Surveyor his Fee, or to
pieafes, leave 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 dc- VI. AND bc it fwthcr Euactcd, 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
ihe"Nam°e of^he Pctfon, tile fame fhall be made and granted in the Name of the Heir at Law,
nlb-ea tt'oJwf^
which neverthelefs fhall not bar any that have Title thereto by Dower or Courtefy,
V! t" "wer
^^ ^^ ^^^ ^-W of the deceafed PofTeffor •, but that every Title or Claim fhall
fband good and valid in Law, as they might or ought to have done if the deceafed
PolTeffor had, in his Life time, furveyed and taken out a Patent for the fame in
his own Name.
CHAP.
L A I'V S c/' North-Carolina. ii
fa» • ! —Ml I. I., l-l I I. — . I .
I ll « . .. ,,.
A, D. 1715.
CHAP. XXX. ""^ '
An ActJ concerning Efcheat La?ids, and Efcheators.
I. "TA O R the better fecuring and quieting her Majefty's Subjects of this Pro-
J/ vince in the PoffelTion of their Lands, We pray that it may be Enafted,
And be it Enacted, by his Excellency the Palatine, and the reft of the true and
abfolute Lords Proprietors of CaroHna, by and isjith the Advice and Confent of the
reft of the Members of the General Affembly, now met at Little River, for the
North-Eaft Tart of the faid Province, and it is hereby Enacted, by the Authority
of the fame. That if any Ferfon is or fhall be in PoffelTion, by himfelf, Guardian, P^fons in Pof-or
Tenant, of any Lands, by Purchafe, Defcent, or Laft W ill and Teftament, ^^^f^.'tlt
that do or ihall efcheate to the Lords Proprietors, fuch Poffeffor Ihall be firft ad- ""'«:<' "^ "'''''-
mitted to inform and petition the Governor, Deputy-Governor, Prefident, or Efthelt!
Commander in Chief for the Time being, for a W' rit of Efcheat, to be directed
to the Efcheator-Gcneral, or his Deputy, to enquire whether the faid Land doth
efcheat ; and if the fame Ihall be found, upon Inquifition duly taken, to efcheat,
^Y^^^ ^"p^^ef"
the aforefaid PoffeiPjr, and no other Perfon, lliall have a Patent for the fame, LrwhaveaPal
pavino; after the Rate of Two Pence an Acre for the Compofition thereof, and no tent f.r the fame,
r / D - r psyng 2<<<<<<<</ements more or leis. Acre,
II. AND be it further Enacted, by the Authority aforefaid. That if any Per- Efcheat L:inds to
fon feized of Land in Fee-Simple, fhall happen to die without Heir, or making ^^ '^^ ^""'^ '
any Difpofition thereof by Will, whereby the f^id Lands do efcheat to the Lords
Proprietors, then they fhall 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 halt Blood, and if there be none fuch,
then to the Sifter or Sifters of the halt 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 fliall iirft inform and petition for the fame.
III. P ROVID ED always, and it is further Enacted, by the Authority afore- PcrfonsinPrfTef-faid.
That if any Perfon that is or ihall be in Poffeffion of any Land in Manner Lands'^'^ neg"ft-aforefaid,
by Defcent, Purchafe, or Laft Will and Teftament, that do or fliall ing to petition for
efcheat ; or any Perfon that fhall have Right to inform and petition for Efcheat Not,ce'"given,
^
Lands in any of the before recited Cafes, fliall happen, through Ignorance, to P'^r'"""' g-^'ne
^ J '
^ 1. i. ^ ' 00 fuch Notice may
omit the fame ; that tlien it fliall and may be lawful tor any other Perfon to give have the fame.
him Notice thereof, in the Prefence of Two credible Witnelles at the leaft ; and
if he fliall negleft to inform and petition for the fame, in Manner aforefaid, to
the Second General Court that fhall happen after fuch Notice given, then the Per-fon
giving Notice as aforefaid, fliall have the fame Lands, paying the Compofi-tion
as atorcfaid.
IV. A N D to the End, that neither the Lords Proprietors, nor any of the In-
^[f'^^^ll^^T''
habitants of this Province, may receive Damage for Want of an Efcheator •, Be pointed.
it 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, Ihall be commiffionated Efcheator-General by the
Governor, Deputy-Governor, Prefident, or Commander in Chief for the Time
being, by and with the Advice and Confent of Three or more of the Lords Pro-prietors
Deputies, with Power to commiflionate one or more Deputy or Deputies -,
inquifitions tak-and
all Inquifitions that fliall be taken as Efcheator not commiffionated as afore- Efcheator, voia.
feid, or Without a Writ of Efcheat firft obtained, fuch Inquifition fliall be null
and void, to all Intents and Purpofes.
V. AND
12 L A ^F S o/" North-Carolina.
A. D. 1-15.
EfcCX^e V- AND be it further Enacted^ That the Efcheator-General, or his Deputy-
Notice 30 Days or Deputies, before he or they fliall execute any Writ of Efcheat, fhall give pub-any^
WntTundc! lic Notice Thirty Days before, by fetting up a Note at the Court-houfe Door of
Penalty of so 1. ^ht Precind where the Land fhall lie, of the Time when he will execute the laid
Writ, to the End that all Peribns concerned may have Knowledge thereof ; upon
the Penalty of Fifty Pounds, to be paid to the Party grieved ; to be recovered,
by Adlion of Debt, in the General Court of this Government ; wherein no Ef-inquifitions
to be foign or Wager of Law fhall be allowed : And all Inquiiirions fliall be taken
in'courr'''"''''' openly and publickly in the Court-houfe of the Precinct or County where the
Land to be inquired after fhall lie, by the mofl ancient indifferent Freeholders of
Evidence to be the fame Precinft and County. And the Efcheator-General, and every of his
given in Prcfence Dcputies, fhall fuffer cvery Perfon to give Evidence openly in their Prefence to
der Penalty' of the Jury, upon fuch Inquifitions as fnall be taken before him or any of them,
5°^- upon the like Penalty of Fifty Pounds, to the Perfon fo grieved ; to be recovered
Inquifitions to be in Manner aforcfaid : And all fuch Inquifitions fhall be returned into the Secre-
Sec"retarj"s Office taty's OfHce within Twenty Days, at farthefl, after tliey are taken ; and if no
within zo Days. Perfon fhall prove himfelf Heir to fuch Land as have been found to efcheat in
Manner aforefaid, or any Time in Seven Years after the Date of the faid Inqui-ing'^
i^"; ''veTrs, fition, fuch Pctfon, and his Heirs, are and fhall be tor ever barred and excluded
barred for ever, {xoxw having or fuing for the faid Lands.
CHAP. XXXL
st«ut« inforc'd An AB, for the ?nore eff'eSfual ohferving of the ^eeri s Teace^ and EJIa-b"
y Aa,'o?'?.'"i'6,' bUJJ:ing a good and lafiing Foundation of Goieniment in North-Carolina.
1749, Chap I.
CHAP. xxxn.
Rep. byNaviga- Au A6f, foF fettUfig and maintaining 'PHots at Roanoke and Ocacock
tion Afl, March
6, 1738, Ch. 4. Inlets.
CHAP. XXXIII.
An ASf, fo regulate di-oers Abufes in the taking up of Lands, and to af
certain the Method to be obferved, from henceforth, in taking up and
Surveying La?ids.
PrMmbie. I. TTTHEREASof late Years, great Inconveniences have arifen by Mean?
VV ^f ^^^ 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>
II. BE
LA iV S of North-Carolin 13
^. D. i:
a.
Metfi'd tn he
II. Be it EnaHed^ by his Excellency the Palatine, and the reft of the true and
hfolute Lords Proprietors of Carolina, by and "jjith the Advice and Confent of
this prefent General Affcmbly^ now met at Little River, for the North- ;i,alt Part
of the faid Province^ and it is hereby Enabled by the Authority of the farm. That
from and after the Firll Day of January ntxt cnfuing the Date hereof, no Sur-veyor-
General, nor Deputy Surveyor, fh.:ll enter any Land for any Jrtrfon after o ierv'd 'n uk-the
Manner as has been of late Years obferved •, but that aL Perfons whatfoever tc^"'' Undl"''
that fhall, from thencetorward, be minded to take up any Lands in this ( .ov.rn-ment,
fhall, before he lays Claim thereto, take a Warrant irom the Secretary's
Office, direfted to the Surveyor-General, or Deputy, as ufual, mentionino- the
Quantity of Land by them intended to be taken up •, which Warr.int he Ihall de-liver
to the faid Surveyor-General, or his Deputy, together with an Account
where the Land lies which he intends to take up by that Warrant, which the
Surveyor fhall indorfe upon the Back of the faid Warrant, together with the
Time of his Receipt thereof, and give a Copy of the faid Indorfement to the fiid
Perfon -, for which it ihall be lawful for him to demand and receive the ufual Fee
of Entry and Copy -, and ihall, within Eight Months next aft^r fuch Receipt,
furvey and make Return ot the faid Land, with the Warrant, as is ufual, unlefs
he fhall give fufficient Reafon, upon his Oath, for not doing the fame; provided
always, that he hath no Warrant before lodged in his Hands for the fame Land
;
and provided alfo, that if Cccafion be, the Surveyor fliall be impowered to hire
Chain-Carriers and Markers for his AfTiilance in laying out of any Lands, and
Ihall charge the fame to the Owner of fuch Land. 'O"-
III. AND be it further Enabled, by the Authority aforefaid. That the Survey- Lmd? lying o«
or-General, and his Deputy, fliall obferve, in furveying and laying out of all how"o'b?fur!
Lands to be taken up from henceforward, that lies on a navigable River or Creek, ^^y^'^'
that he fhall run a lull Mile on a dired Courfe into the Vv oods, and each oppo-fite
Line fhall run parallel with the other, if it can be admitted, for other Peo-ples
Lines, or Rivers or Creeks; and for all Lands taken up wholly in the inntheWonds,
Woods, the Survey fhall be upon a Square, if it can be admitted, as aforefaid. Tuare'''*
'""'
IV. AND be it further Enaofedy by the Authority aforefaid. That no Surveyor, Surveyor not to
or Deputy-Surveyor, from and after the lime aforefaid,' fhall furvey or lay out e lo" AcTcr
''''"
in one
more than Six Hundred and forty Acres of Land in one 1 ra6t, nor fhall furvey '^'^^' "'''' '^o
or lay out Two fevend Trafts of Land for any one Perfon within 1 wo Miles, at p"S %hm
leafl, of each other ; unlefs by particular Warrant from the Lords Proprietors for '""" ^''"•
that Purpofe.
V. AND be it further EnaMed, by the Authority aforefaid. That any Sur- Surveyor laying
veyor, or Deputy Surveyor, that fhall prcfume to furvey or lay out any Lands u'IrywdiisAdt;
contrary to the Direftions, Purport, and Meaning of this Aft, fhall, for every w'-'^it loi. '
Offence, forfeit and pay the Sum of Ten Pounds ; one Half to the rublic Trea-fury,
and the other Half to him or them that fhall fue for the fame : To be re-covered
in the General Court of this Province ; wherein no EfToign, 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 unfttled, by Reafon of many Perfons hokling or
pretending Right to large I'rads of Land in this Government, without'^any
other Title thereto than a bare Entry or Survt y : Be it EnatJed, bv the Authority
aforefaid. That all or any Perfon or i\Tfons whatfoever, who do now hold or L;n1"v"ii'"p;!;!
pretend any Right to any Lands within this Government, by Virtue of any Sur- cinf-Momy
vey or Purchafe, as aforefaid, made before the Fourteenth Day of April laft pafl, ^id"^
'''
and do not pay, or fecure to be paid, the Purchafe-Money thereof to the Lords
^
1^ Propri-
Patent
H LA IV S of North - Carolina,
yl. D. 171,-. ir'roprietors Receiver-General, on or beiore the Twenty Fifth Day of December
next, purfuant to an Order of Council, dated the aforefliid Fourteenth Day of
Apnl, it Ihall and may be lawful tor any Perfon or Perfons to enter on the lame
Lands, and have Patents therefor upon the old Surveys ; provided he or tht y fo
entering, fhall pay, or fecure to be paid, to the faid Receiver-General, the rur-chaf.--
Money and Quit^Rents which fhould have been paid by the Perfon thac
ilidll fo lupfe the fame, and aifo the Sum ot Ten Shillings to the Surveyor-Gene-ral,
for Altering the Certificate ; which Patent, when fo obtained, fliall be deemed
and adjudged good and valid, to all Intents and Purpofes •, any Law, Cuftom,
or t/fagc, . to the contrary, notwithftanding : And further, all Perfons that do
pretend any Right to any Lands taken up on Pretence of Purchafe, as aforefaid,
fince' the Fourteenth Day of yi'pr;/ ; or that fhall, from henceforward, take up
311 not paid and jliryey.any Lands ,on Pretence of Purchafe, and do not pay, or fecure to be
.thin 6 Months, paid, • the Purchafe-Mohey thereof to the Receiver-General for the Time being,
ny
other Perfon wltliin Six Months alter the Date of fuch Survey, fuch Perfon or Perfons fhall
"me"'"'"^
'*"- forfeit their ^Right thereto; and it fliall and may be lawful for any other Perfon
or Perfons tp take out a Warrant ior fuch Lands, and proceed thereon as is be-fore
directed in this Act, for taking up vacant Lands.
Lands t-.ikcn up
fince /Ipril 14,
f< r which the
Purchafi--M"ncy
fliall be pjid
Wl
f(
No Perfon, after
Jan. I, to fell
his Right to Land
Yll.'JN.D be it further Ena5led^ by the Authority aforefaid^ That from and
hrRi^htt^Lntd ^^^'^^ the" aforefaid Firft Day of January next, no Perfon fhall fell or alienate his
b fore Purch.f'- Right to ^ any Land, Lintll he has paid the Purchafe-Money thereof, and has ob-
Patent grintcd'."^
tained a Patent and Grant for the fame ; but fuch Sale, AlTignment, or Convey-ance,
fhall be deemed, conftrued, and taken, to be invalid and of none EfFt6t
:
And fuch Land fhall be free and clear for any other Perfon to take up, obferving
the Rules in this Ad before fpecified for taking up vacant Lands.
Where fuch
Riaht belongs to
Orphans, unable
to patent it.
Guardian, £ifi.
may fell it.
In Cafe of Rc-fufa).
Orphans
Courts to fell
Aich Right.
VIII. PROVIDED always neverthelefs. That where the Right of Land
heretofore furveyed on Pretence of Purchafe aforefaid, belongs to any Orphan or
Orphans that are not able or capable to Patent the fame, for Want of Perfonal
Eflate, within the Time before limited in this Ad:, it fhall and may be lawful
for the Guardian or Guardians, Truflee or Truftees of fuch Orphan or Orphans,
or Adminillrator of the Inteflate's Eflate, to fdl and difpofe ot all or fuch Part of
fuch Right, as aforefaid, by Public Sale, to the befl Advantage they can for the
Inteftate's Eflate •, any Thing in the faid Aft to the contrary, notwithflanding
:
And in Cafe any Guardian, Truflee, or Adminiflrator, fhall negleft or rcfufe to
make Sale of fuch Land as aforefaid, within Six Months, the Orphans Courts
are hereby impowered and required to call fuch Guardian, Truflee, or Adminif-trator,
to Account ; and if they cannot find Perfonal Eflate fufficient in their
Hands to purchafe fuch Lands, as aforelaid, then they, the faid Court, fhall
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 Wars with the Indians, are
rendered incapable of making prtfjnt Payment for the Purchafe ot 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 Ena^ed, that a
Inhabitants of furthir Time be granted to fuch Perfons for paying the Purchafe of fuch Lands,
5flri>Cuunty ai- ypon giving fuch Sccurity to the Lords Proprietors Receiver-General, as fhall be
Twie to"%^y by him approved of, within Six Months after the Ratification of this Adl: Any
Purchafe -Mon.y xhing herein before contained to the contrary thereof, in any-wife, notwith-
«P' n giving Sc- ^ P 4 ' J
entity. Itanding.
CHAP.
L yi IV.- S of-'- N o R r U - C A R O L 1 N A. i ^
A. U. ;7i5.
. C H A p. XXXIV.
An Aofj for Entring jof Vefjels, ami to prrcejit the Exportation of Debtors,
V, -
I. X^ E it Enabled, by his Excellency the Palatine, and the reft of the true and
I3 c.lfolute Lords Proprietors of the Province of Carolina, by and with the
Jdvwe and Corifent of the reft of the Members of the General /iffembly now met at
Little River, for the Nortii-Eaft Part of the faid Province., and it is hereby En-abled.,
by the Authority ofthe fame., That the Mailer of every Ship or Veflel Mafter nfve/ra
coming into this Government, fliall, within Four Days next after his Arrival,
IheNrva^offic.r"
and before he trade or land any Goods, (living Creatures only excepted,) enter withn4D.ys'
into Bond in the Naval-Office, with one fufficient Freeholder or well known Mcr- jooV^plnai'ty'"
chant, in the Sum of Five Hundred Pounds, with Condition, That the faid not to carry any
Mafter fliall not carry otf any Perfon out of this Province without a Ticket firft couZywith'tt
had and obtained from the Naval-Officer, and figned by the Governor or Com- a Ticket.
mander in Chief for the Time being, (ir'crfons coming into this Province in the
lame VelTel, Women whofe Hufbands are refident in the Country, Perfons un-der
Age,.. 'and Sailors who have not refided in the Government above Two Months, ^"^°"' ='f"pte*'.
cxceptec!,')"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 Governor or lJ^.J'""'"'
Commander in Chief, and the other Third to the Informer.
II. AND be it further Ena£fed, by the Authority aforefaid., That the faid Bond
^n'^he'^N^mlTf
fhall be taken in the Name of the Governor or Commander in Chief for the th. Governor,"
Time being, payable to himfelf, his Succeflbrs or Affigns, but fliall be to the on-
'p,,T'"f„J;;';d;'"'
ly Ufe of, and in Truft for, fuch Perfon or Ferfons as fhall appear to be injured
by the faid Matter's Non-Performance of tlie Condition above exprefied ; and
Ihall be afligned to any Perfon or Perfons {o injured petitioning for the fame,
who fhall and may maintain an A6lion thereon.
III. P RO VID E D always, and it is hereby further Enacted, That if the faid Bond not fued in
Bond or Bonds ffiall not be fued within Two Years after the Date thereof, then ^^'"'^^ void.
the fame fliall be null and void to all Intents and Furpofes whatfoever, 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 Ticktt not to be
fliall hereafter be granted to any Ferfon intending to expert his or hcrfelf out of f-^y'^gten' for""
this Government, (except as before excepted,) until fufficient Security be firft t'lymtnt .f tht
given to the Naval-Officer, for the Payment of all fuch Debts as the Party fo in- ''"^
'
tending to depart fliall be chargeable with, and for which Actions fliall be com-menced
within Four Months next after fuch Security given •, or until Certificate
be firft made to the Naval-Officer, by the Clerk of the Precin6t Court where the or umii c.rt:fi.
Party fliall refide, that he hath publiflied his Intentions to depart the Government, "tc piodur-d
by affixing a Note to the Court-houfe Door, publickly to be read by all Perfons, S'ls intention w
during the Sitting and Continuance of the I'wo Courts next preceeding fuch Cer- '^'P"'-
tificate, without being under written, or any Demand made to hinder his or her
Departure.
V. AND be it further Ena£led, That on Default of fo doing, the Naval-Offi- Narai Officer not
- -^ ^ <^^ c-'TDpl'ine With
cer fhall be habk to fatisfy the Creditors of all fuch Ptrfons who ffiall depart the this ka, liable
Government by Ticket from that Office -, provided Actions for the fame be en-
D''btl'',/Aaons
tred within Four Months after the Date of fuch Ticket fo obtained ; without Se- brought within 4
curity given, or Certificate had and received from the Clerk of fome Precind ^^''"'^'•
Court, as before mentioned.
CHAP.
i6 Lyi/VS of North-Caroliu A.
^ n
CHAP. XXXV.
K^^Pgi^yAft,^. ^n ^cl^ for raifing a Public Magazine of Ammunition, upon the T^onnagt
Chap.' 10.
*
oj all Vejfels trading to this Government.
CHAP. XXXVI.
u4n A5l^ concerjiing Roads and Ferries.
I. T3 E it Eno.^ted^ by his Excellency the Palatine, and the reft of the true and ah~
fj folute Lords Proprietors of Carolin.i, by and vjith the Advice and Confent
of this prefent General .iffembly^ now met at Little River, for the North Eaft Part
of the fa'd Province^ and by the Authority of the fame, it is hereby Enacted^ That
All Roads and gH Roads and Ftrri.s in this Government, already laid out or appointed, by Vir-laid'out
Ind'ao- tuc of any Ad or Ordinance of AlTembly heretofore made or declared, or by
ri,d"^'f
''''
u?'
^^irtue oi any Order of Court grounded thereon, which are or ought to be now
declared Pubiic' InUfe, fhall be, and are hereby declared to be Public Roads and Ferries : And
all Pcrfons whatfocvcr that ought, or which have been accuftomed or ufed to
w^rk"on''R''id''' work on any fuch Ro ids and bridges, which have been made and laid out pur-toke.
p rhcfamt fuant to any r' (ft or Ordinance of Allembly, or Order of Court grounded thereon,
in Repair. ^^jj continuc to work on the fame, or to keep the fame in Repair, as they fhould
or ought to have d.one, by Virtue of fuch Aft or Ordinance ot AlTembly, or Or-der
ot Court conformable thereto.
Prec-nft Cm ^^' ^ N B be it fuTther Ena^ed, by the Authority aforefaid. That from Time
to app.int Fir- to Time, and at all Tim.s hereafter, the Court of each Frecincl fhall have full
Roads to** be hid -t^owcr and Authority to appoint and fettle Ferries, and to order the laying out
cut. new Roads where Roads are not already appointed or ufed, and to appoint where
Bndgrs fhall be made, for the Ufe and Eafe of the Precin6t ; fo as not to alter
old Roads, to the x^rcjudice of any Perfon, without the Leave and Licenfe of fuch
Perfon had and obtained.
Roads to be laid HI. AND be it further Enacted, by the Authority aforefaid. That all Roads
izMJn'oiloath* hereafter to be laid out, fliall be laid out by a Jury of Twelve Men, appointed
by the Precin6t Court •, which Jury fhall firft take an Oath, to lay out the fame
to the great^fb Eafe and Convenicncy of the Inhabitants, and as little as may be
to the Prejudice of any private Man : And the Damages which Ihall be fuftained
Dim^ges fuftain- by any private Perfon in laying out fuch Road, fhall be afcertained by the fame
fuch'RoJd"l '
be' Jury who iliall lay out fuch Road, on Oath •, to be equally levied and colkdled,
afce,tain:ibythe
j-jy [he Surveyor of fuch Road, on the Tithables which ought to work on the
onTh.Tah'abTcs'! fame, and by him paid to the Party injured.
N. p rf..n to IV. AND be it further Enacted, by the Authority aforefaid. That if any Per-fnTo
Miics"of''a ^o" or Fcrfons, after the Ratification of th'.s Aft, fhall pretend to keep any Ferry,
Public vn-, on or to tranfport any Ferfon or Perfons, or their Horfes or Cattle, for Pay, within
iT^Zr'^Um, Ten Miles of any Ferry which is already, or hereafter fhall be appointed,^ fuch
&c. (0 ferried. ' Perfon or Pcrfons fo pretending to keep Ferry, or tranfporting any Perfon or
Perfons, or tluir Horfls or Cattle, fhall forfeit and pay the Sum of Ten Shil-lings
for every Man or Beall fo tranfported or ferried, to the next adjacent Ferry-man
: To be recovered by Warrant from any Juflice of the Peace, upon lull
Proof thereof made before him.
Y. PRO'
L A IV S (?/" N O R T H - C A R O L I N A. \J
CIS to
A, .T.Pi
nalty of lol.
V. P ROVID ED always. That all fuch Perfons who fliall hercaftrr under- fX^
take to keep any i'ubjic tcny by Appointment, and do not provide good and vr^'^''-^^'^ e'^od
furficient tJouts, and keep the Lme in good and futficient Repair, and well and th^'fairirweu'^
fufficiently attended, tor the Faffage of all Travellers, fliall iorixit and pay Ten
-'"i'"^^
Pounds tor every Negled ; one ilait'to the Inlormer, and the other Halt" tor and "* ^"
towards the contingent C harges of the Government : To be recovered, by Bill,
Plaint, or Information, in the General Court or this Province ; wherein no Ef-foign,
Protettion, or Wager of Law, fhall be allowed. '
VI. AND be it further Enacted, by the Authority aforefaid. That all Public
b^cicar^""^' 't
Roads already laid out or now in Ufe, or which hereafter Ihali be laid out, fliall w'.de';""'
be cleared of and from all Trees and Krufh, at ieaft Ten Feet wide, and fuch
Limbs of Trees as may incommode Horfemen, cut away ; all Bridges or Caufc- Bridges andCn/-
ways made, or to be made over Swamps, or fmal! Runs of Water, the Pieces "^/^' ''""^ '° ^'^
wherewith the fame fhall be made, fliall be laid acrofs the Road, and at Ieaft Ten
Feet long, well fecured and made fail, and covered with Earth ; and all Bridges
over deep and navigable Streams, fhall be made at leail Ten Feet wide, with
iufficient and ftrong Pieces, at Ieaft Tiiree Inches thick, with firm and flrong
Pofts and Bearers, well fecured and faftened.
VII. AND be it further Enacted, by the AHthGrity aforefaid. That the Pre- prednft Couru
cind Courts fhall. Annually, appoint Surveyors of the Highways or Roads, who ^'^ ''pp ''^' sur.
are, by this Adl, obliged to fummon all Male Tithables within their Divifions to^a,mi^.i t!!
and Limits, or fuch as have been ufed and accuflo.n'i^d to work on fuch Roads and i^abics to w. rk
Bridges, to meet at a Place and Time to be appointed fomctime in the Months of
°"
Jpril -Axidi September, Yearly, to clear all Roads, afi^ make, clear, and repair all
Bridges, within their Limits or Divifions •, and alfo at any other Time of the
Year, if Occafion fliall require : And whofoever fhall^ ,upon fuch Summons, re- p rions ncgi.a-fufe
or ncgledt to appear, or to do and perform their -Parts and Duties therein, '"^ to ^.pp^ar
the Surveyor Ihall caufe them to be fummoned to appear before the next Magif- n. f"f"t'5"s"'tor
trate, where, if he or they cannot fliew a reafonable Caufe for his or thtir De- "^^^l ^T^^'
fault, he or they fhall be fined Five Shillings for every Day's Negled: ; to be le- pi ed' ;n hiring
vied, by Order of the aforefaid Magiftrate, by the Surveyor, and laid out in hiring l^'ih'lVne^"^™
Men in the Room and Stead cf thofe n,egle6ling : But if it fliall happen that thofe inB: Or given to
Perfons who meet in Obedience to this Ad, fliall perform' the whole Work that SlSfwT.t"
fliall be necclTary to be done at that Time, then all the Forfeitures fhall be equally
divided among tiiofc who liniflied the Work as aforefaid.
VIII. AND be it further Enacted, by the Authority aforefaid. That where the Siirv^vnr, with
making of Bridges or Caufc^ways fnall not be judged proper to be performed by cmi^ln"* °^m^
the whole Company working together, it fhall and may be lawful for the Survey- ^^'-'^e w.th p.r-or,
with One 1 hii d of the Company that fliall be obliged to work thereon, to a- Br;dg-s° TcL(-
gree with any Perfon or Perfons for performing the fame -, and the Surveyor is "ays, andtoic-hereby
impowcred, a'ter the Work is finiflied, to levy the fame equally and in- ^he whoieTom-differently,
by the Poll, . on all fuch as are obliged to work thereon, and to make P'^'y-
Diflrefs, in Cafe of Refufal or Non-Pavment.
IX. AND be it further Enacted, by the Authority aforefaid. That all Survey- fT'^"''' . "''s-ors
of Roads which fliall negled or reiufe to do their Duty as is by this Ad di- ty,to"foifjt'4o"s.
reded, or who fliill not keep the Roads and Bridges clear and in Repair,, or let f^revciyNcgieft.
them remain uncleared or out of Repair, after Notice given thereof, for and du-ring
the Space of I'en Days, unlets hiiulered by bad Weather, fuch Surveyor
fliall forfeit, for each and every fuch OfFv-nce, the Sum of Forty Shillings, over
and above liich 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 them that
E will
i8 L A IV S 0/ Norths-Carolina.
^^ jf^
_'"'5- will fue for the lame : To be recovered, by Aftion of Debt, Bill, Plaint, or m-
''~'
formation, in any Court of Record wltliin this Government •, v/herein no Effoign,
Injundlion, or Wager of Law, Ihall be allowed or admitted of.
ferrans«en,pt d X. AIS B hc it fuHhcr Enacted, by the Authority afor^efaid^ That no Member
from working on of the Council, or Aflcmbly, or Juilice of Peace,- Coroner, Conftable, or Mi-nifter
of the Church of England, fhall be compelled to work oft any Roads or
Bridges; neither ihall any Freeholder be compelled to work himfelf, who fhall
fend Three Perfons, in one Diftri6t, to work on any Road or Bridge : Any Thing
contained in this Ad to the contrary, in any-wife, notwithilanding.
B
CHAP. XXXVII.
An A51, to encourage the Building of Mills.
E -it Enacted, by his Excellency /Z'^ Palatine, and the reft of the true and
abfolute 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
the North-Eall Part of the faid Province, and it is hereby Enacted, by the Au-
Surveyorftaiiiay
f^^^^^y °f ^-^^ fame. That if any Perfon or Perfons fhall be defirous to build a
cut 2 Ams for a Grift-Mill, either Wind-Mil) or Wattr-Mill, v/ithin this Government, it fhall be
hlrrin'AcreTr l^wful for thc Surveyor-Gcncral, or his Deputy, by a Warrant from the Precindt
« w nd-Miii ; to Court, to lay out, for fuch>Perfon or Perfons fo defiring to build a Mill, Two
the' own^r,' for Acres of Land for a Wate?-Mill, and Half an Acre for a Wind-Mill, in fuch
the c.nfidcrati- Manner as tor that Ufe fliail be moft convenient, upon or out of any Man's
Co'nveyaiKe.
^ ^ Land ; which faid Land fhall be appraifed by Four honeft Men of the Neighbour-hood,
appointed by the Precind- Court, who fhall make a true Return of their
Appraifment, upon Oath, to the fame Prccind Court ; and the Owner of the
faid Land, for the Confidcration-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 Affigns, with Liberty of Ingrefs, Fgrefs,
and Regref?., to and from the fcimc, under this Condition, and exprefs Limitation
On condition and Provifion, That fuch Perfon or Perfons to whom the- faid Land lliall be con-bu'id
TmiU i!n 2 veyed, do ered, build, and finifii, 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.
0*ner of the
II. P RO FID E D always. That the Court fhall firft give the Owner of the
w^oLJe the Land Notice of the Motion of any Perfon to build a Mill on his Land •, and if
Preference. j-^g Owncr will give Sccurity to build a fubftantiul working Mill on any Part of
his Land, then the Motion of fuch Perfon or Perfons is to be rejtded.
No Perfon- s Or. JH. P R VID E D alfo. That in the laying out of tlie before-mentioned
to^be rrOur'dV" Two Acres, or hailf Acre, ne^Perfon's Garden or Orchard be injured thereby.
Perfons may ufe IV. AND be it further Enacted, by the Authority aforefaid. That whofoever
adiTcent Tands^ ^lall build fuch Mjl'l Or Mills, fhall have Liberty to make Ufe of any Timber
fa'mc""
^^' '''^ for that Purpofe on any Lands adjacent, making full Satisfadion to the Owner
thereof, and to be appraifed, as is aforefaid.
a:i Mills built as V, ANT) be it further Enacted, That all fuch Mills as are or fliali be built as
itbiici'and'To' aforefaid, fliall be deemed Public Mills, and the Owners thereof, or fuch as ufe
riniinTurnfor afid occupy the fame, fhall be obliged, as foon as their Turn come in Courfe,
'iP"f^'"5-
^j. ^ poffibly they can, grind Wheat i^'cA Indian Corn for all fuch Perfons as
fliall
^ :.
L A PV ^ c/' N O R T H - C A R O L I N A. 1
9
fhall require the fame, and fliall take Care that tlie fame be forthcoming again "- ^: '^is-to
the Owner, on Demand, (the lawful Toll only excepted,) under the ir'enaity ^'
of double the Value ; to be imniediately levied by a Warrant from the next Juf-tice
of the Peace, and paid to the Party injured j which being well ground, toU i sthof
without any Fraud or Deceit, they fliall not have or eJcacl any larger or greater W"eat, & 1 eCi
•To-11, than one Eighth Part ot VVheat, and one Sixth Part oi Indum Hqxxx^ un-der
the -Penalty and Forfeiture of Ten Times the Value oi~ the "Wheat or Corn fo penalty for tak-brought
to the Mill ; one Half to the Poor of the Parilh, and the other Half to '"s larger Toil.
him or them that fliall fue for the fame : To be recoverdl, by Action of Debt,
Bill, Plaint, or Information, in the Precinft Court ; wherein no Injundion, or
Wager of Law, flaall be allowed or admitted of.
CHAP. XXXVIII.
An A6l^ to appoint Puhlic Regifters^ mid to direB the Method to he oh-ferved
in Cowoeyhig Lands, Goods, and Chattels ; and for preventing
fraudulent Deeds and Mortgages.
I. T "f 7 PI E R E A S His Excellency the Palatine, and the reft of the true and Grant from Lords W abfolute Lords Proprietors, amongft other Privileges and Immunities, P"'F^t;s,
have given and granted to this their Province, to choofe Public Regifters t In lugifters,"
Purfuance therefore to the faid Grant, and for the better and more effcftual Pre-vention
of fraudulent DeedSj Alienations, and Mortgages -,
to
11. B E it EnaEled, by his Excellency the Palatine, and the reft of the true and
fibfolute Lords Proprietors of the Province of Carolinaj 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 Enacted, by
the Authority of the fame. That it fliall and may be lawful for ail, or the major '^^''^ Fr«hn!<3-
Part of the Inhabitants and Freemen of each Precind^ (who are qualified to vote
"^"^^ ^^"^ ''^'
in the Eleftion of Burgefies,) to meet, the Firft Day o'l April next, at the ufual
flace for Eleilion of Eurgtffes, then and there, by a Majority of Votes, to ekdl
Three Freeholders, as Candidates for the faid Office i of which faid Candidates fo Provofv-M:;r(h,ii
to be ele6ted, the Provoft-Marfhal of each Precind, or his Deputy, (who are ^° '^^'^^ ^^""^"
liereby required to attend fuch Elections-) fhall, within Twenty Days after, make m ti^e'c-vefn^r"
Return to the Governor or Commander in Chief for the Time being, under the ""^'''' Pi-n^ity «*"
Penalty of Five Pounds for every fuch Negled ; and the Governor or Com- ^
"
mander in Chief, with the A.dvice of i\y& Lords Propriet^yrs Deputies, fhall make Governor to
Choice of one of fuch Candidates fo elefted as aforefaid, who, being commifiion- o°'^""^|!""r
"
/•
ed under the Hand and Seal of the Governor or Commander in Chief, ihall be ter! "^ ^'
thereby inverted with the Office of Regifter of Deeds ; and, until there be a Clerk
©f the Parifli Church, of Births, Burials, and Marriages.
Til. AND be it further E-actd, by the Authority aforefaid. That each and vMk Reg!.a«
trvery Public Regifter fo chofen and commiflloned, fnall, v/ithin Three Months t" gi«<^ Bond in 3
after he fhall enter upon his Office, give Bond, with Two good and fufficient Se- Poumis/oTfahh!
curities, to his Excellency tlie Palatine, and the Lords i/roprietorsy iri the Sum ^^^ offi^^"'"''
"^
of One Thoufand Pounds, for the faithful "Difcharge of his Of?ice -, which Bond B^nd tole given
fhall be given before the Juftices of the Precinft whereof the Party fhail be ap^ 2''rea?fed"?a
pointed Regifter, and recorded in the Office of the faid Court, and alfo^ in tiie I'r^nna =nd se-
S&'GFetary's Office, and the Original repofited in the Hands of the Governor or cer'^'
^^'
Commander in Chief: And whoever, after the faid Firft Day of ApYil, fhall Original to be
officiate in the faid Office longer than Three Months without giving fitch Seeu- vemi!''
"'' ^'"
20 LA IV S of 'Nortu-Carolin A.
^.- '^.'2/ ^^^y ^^ aforefaid, he or they fo offending, fhall iortlit and pay the Sum of" Twenty
pt-nity f .r not Pounds ; otit Half to the Informer, and the other Half to the Poor of the Pa-giving
Bond. j.j^ Qj. jJrecind.
ProTifo. IV. P ROVID ED always^ That every Perfon or Perfons who now aft In
the aforefdid Office within any r'recintc of this Government, fhall be and continue
in the fame until fuch Choice fhall be made and confirmed as is before by this
Acl dir<6ted ; when they, and every of them, are hereby required and com-manded
to deliver to the Public Regiiler of their Precin£t fo elefted and con-firmed,
all Papers and Records which fhall be in their Cuftody, that do, of
Right, belong and appertain to the faid Office, under the Penalty of Fifty Pounds.
;
No Conveyance V. AND be it further Enabled, by the Authority aforefaid. That no Convey-
M mage,"-d! ance or Bill of Sale for Lands, (other than Mortgage,) in what Manner or Form
"n'^f-rr''"''"'-
foever drawn, fhall be good and available in Law, unlefs the fame fhall be ac-
/•/ftred J.thfn'a knowledged by the Vendor, or proved by one or more Evidences, upon Oath,
M nths. either before the Chief Juftice for the Time being, or in the Court ot the Pre-cinft
where the Land lieth, and regiftred by the Public Regifta- of the Precindb
where the Land licth, within Twelve Months after the Date of the faid Deed ;
fo'bc'vaiid?'"'"^ and that all Deeds fo done and executed, fhall be valid, and pafs Eflates in Land,,
or F. ight to other Eftatj, without Livery of Seizin, Atturnment, or other Cere-mony
in the Law whatfoever.
Deeds already VI. P RO VTD E D ultvays^ That all Deeds or Conveyances of Lands, Te-abU'^'
cmrKie'ra' fements, or Hereditaments, Goods or Chattels, which are already pafled, and
tions, andregif. rcgiftred. Or which fhall be regifbred within one Year after the Ratification of this
Year,"' declared ^^> ^^^ which a good and valuable Confideration has been actually and bona fide
tooi. paid, fhall be good and available in Law and Equity, to Purchafers, and their
Heirs, ag.'.infl the Vendors, and their Heirs, and all others claiming by, from,
or under them, in as full and ample Manner, to all Intents, Conflruclions, and
Purpofe^j as if fuch Title had been made either by Fine, Common Recovery,
Livery of Seifin, Atturnment, or any other Ways ufed and pracftifed within the
Kino;eiom of Great-Britain. 'O^
Ddeds modern VII. ANDbc it further Enabled., by the Authority aforefaid., That all Deeds
pr Wed "as before, snd Conveyanccs of Land lying v/ithin this Governmeni:, made in Foreign Parts,
Chef m' ft'-, e
^'""'"^^ ^^'^" ^^ remitted hither, and proved before the Chief Juflice, or Court of
of Piiy c <y, ©".. the i recind: where the Land heth, in Manner as before direfted •, or which fliall
an ^p'.nwtio''^
^^ perfonally acknowledged or proved before the Chief Magiflrate of any City,
and att.ftai un- Town, or Corporation, within the King oi Great-Britain^ % Dominions, and an
s«il^'ard'*r'gir. Attefl^tion th.rtof affixed thereto ; or which fhall be acknowledged or proved
tr-d wrhin a beforc thc Governor or Commander inChicf of any his Majefly's Pkntations, and
i'vlild.'"^'""^ attefted under the Public Seal, and regiflred in the aforefaid Office of the Precina
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 aboliihing 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 elevifed and contrived, of Malice,
Fraud, Covin, or CoUufion, to the End, Purpofe, and Intent, to delay, hinder,
and defraud Creditors and others of their jufb and lawful Adions, Debts, and
pfofrmcnts.Gifts Accompts i // is hereby further EnaEled., That all and every Feoffment, Gift,
ftff, made for Grant, Alienation, Bargain, andConvey.mce of Lands, Tenements, Heredita-ments,
Goods and Chattels, or of any of them, by Writing, or orherwifej and
aU
L A IV S o/North-Carolina. 21
A
22 L A ly S o/' North-Carolina.
.i. D. ,713.
NT^Cwi- XIII. PROVIDED rJfo, That nothing in this Ad contained fhall be con-dew
fromD»wcr,
ftj-uecl, deemed, or extended, to bar any Vv idow of any Mortgager ot fuch Lands
i^^tL'^Dced^'S" or Tenements, from her Right of Dower to the faid Land, who did not legally
join with her Hulband in fuch Mortgage, or otherwife bar or exclude herfelf
"from fuch her Dower or Right.
F^rft Mortgagee XIV. AND be it furthcY Euactcd^ by the Authority aforefaid. That every
T!tiJtfefore?s!=- ptiot Purchafcr, or Mortgagee, of any Lands or Tenements, Goods or Chattels,
com), to take no
^.j^jch fhall not, before the Firft Day of January, 1716, regifter his Title or
vtTS^^^^'^ Mortgage as aforefaid, if after that Time a Second Deed of Sale, Conveyance, or
Mort'^age, be regiftred before the Prior, fuch Perfon fo neglecting fhall take no
Advantrge or Benefit of fuch Purchafe or Mortgage already figned and fealed.
Public Regifter, XV. AND be it furthcr EnaSlcd^ by the Authority aforefaid. That the Re-p'''
ftS'k' "t"
g^ft^i' aforefaid of every Precinft, when there is no Clerk of the Church in that
ft;'ft,r BTrth^r frecinft, fliall regifter all Births, Marriages, and Burials, within the Precin6t
£"'aif
'' ""^ whereof he is Regifter ; and that every Mafter or Miftrefs of a Family who ftiall
neo-lcft to regifter the Birth or Death of any Perfon born or dying within his or
Perfons negieft. her Houfc or Plantation i and every married Man who fhall neglcd to remit to
foff.it' Tt^er the Hud Regifter a Certificate of his Marriage, and caufe the fame to be regiftred.
Month, to the
fQj. lono-er than one Month ; each Mafter or Miftrefs, or married Man, fo neg-
^xS'^s""" leding," fhall forfeit and pay, to the faid Regifter, One ShiUing />fr Month for
every Month fo negleded j provided the whole do not exceed Twenty Shillings.
Penalties how to XVI. AND be it further Enabled, by the Authority ajorefaid. That all Penalties
be recovered. ^^^ Forfeitures in this Ad mentioned, fliall be recovered, by Bill, Plaint, or
Information, in any Court of Record in this Government -, wherein no Injundion,
ProtecStion, or Wager of Law, fhall be allowed or admitted of.
CHAP. XXXIX.
?n7 4';^^4,'.^' An Acl, cojicerning Weighs and Meajures,
Chap. 17.
CHAP. XL.
Staple Commodities Rated, O B S,
CHAP. XU.
'An AB, to afcertain the Time for Payment of Pork, Wheaty and Indian
Corn, O B S.
CHAP
L A IF S c/" N O R T H - C A R O L I N A. 23
^1. /,' ^715-
CHAP. XLII.
An A^y to afcertain the Gauge ofBarreh^ and to preveiit Frauds i?tPorkj
BeeJ\ Pitch, and Tar.
I. T^ E it Enabled., by his Excellency the Palatine, and the reft of the true and
• ^t\ abfolute Lords Prcprictors of the Province of Carolina, by and with the
Advice and Confent of the reft of the Members of the General Affcmbly now met at
Little River, for the North-Eaft Part of the faid Province^ and it is hereby En-aSted^
by the Authcrity of the fame. That from and aftvr the Ratification of this Eureis hnw
Act, no Cooper or other Perfon whatfotvcr making Cafk, fhali expofe to Sale
"J.j"*'^^'^
^"^^'^^
any Barrels or half Barrels for the holding of Beef, x^ork, Pitch, Tar, or Train made.''"
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 fliall be exppfed to Sale, Ihall be made of Timber feafoned at leail
Six Months after the riving the Staves, not lefs than half an Inch thick when
wrouo-ht, the Heading not lefs than Three Quarters of an Inch thick, and well
dowelled •, Twelve good fubllantial Hoops on each Cafl<, and the whole to be
tio-ht and workman-like : And every Cooper making Barrels, or half Barrels, or Brmd-Mark to
any other Perfon making the fame, before they deliver or expofe the fame to Sale, and Recorded!"'
fhall fet his or their proper Brand-Mark upon every Barrel or half Barrel •, which
Mark he cr they fhall caufe to be recorded in the Office of the Precindt where he
or they fliall refide or dwell.
II. AND be it further Enacted, by the Authority aforefaid. That every Cooper C'^op^to f^'r^t
or other Perfon expofing to Sale any Cafk not agreeable to the Diredlions of this eac'h offence!
Aft, fhall, for every Offence, forfeit the Sum of Six Shillings and Eight Pence,
and the Cafk or Barrel fo deficient ; and for not recording his or their Brand, the
^"s'lvhrk
"-.'^'"^
Sum of Twenty Shillings j One Half to the Churchwardens and Veftry, for the
Ufe of the Pariili, and the other Half to him or them that fliall fue for the fame,
before any Juflice of the Peace.
III. AND be it further Enacted, by the Authority aforefaid. That upon Com- J'lffice, on com-plaint
made, upon Oath, or folemn Afiirmation, by any Perfon or Perfons, to Pork' ^f?is not
any Juftice of the Peace in this Government, That he hath received of any Per- merchantable, to
fon or Perfons, any Beef, Pork, Pitch, Tar, or Train Oyl, that is not merchant- \o\ i\^J,"lT
able and good in its Kind ; or is not in good and fufftcient Cafk, as is by this '^j^f^"'^'^'^
Law appointed-, or that the Pork is deceitfully packed up, or contains more phmtbejuft"
Heads than is by Law allowed, or that there is Boars Flefli mixed or packed there- °^^\^°^^\'^^'
in, or that the Meat is not well faved or faked fit for Exportation ; or that the Party grieved, &
Beef is mixed with Bulls Flefli, Shanks, Marrow-Bones, or Heads, or in any- p';,^''^^;;j'^'=
wife defeftive and not merchantable ; fuch Juftice, upon all or any of thofe Com- the ufe of the
plaints, fhall ifTue his Warrant, diredled to Two reputable Freeholders, Nvho fliall
^"''''•
view the fame, and, upon their Oath, fliall make Report thereof, and of the
Damages, to the fame Juflice that iflued his Warrant •, and if the Complaint fliall
appear to be juft, he fliall immediately order double Damages to the Party injured,
and the Value of fuch Pork, Beef, Fitch, Tar, or Oyl, fliall be forfeited to the
Churchwardens and Veftry, 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 to be
tures that fhall become due by Virtue of this A61, fliall be fued for within Ten '^^d f^r in 10
Days after the receiving of fuch Cafl<, Bti:.U Pork, Pitch, Tar, or Train Oyl, '^''
and not alter.
CHAP.
rrant
ers
irae,
Com-to
24 LAWS of North- C a r o l i n a.
^'
CHAP. XLIII.
Rep. byA£v,^. Jn AB, to appoint the Marking ofHorfes, Cattle, and Hogs^ and to pre-chap.'
sJ"^'* 'V'-'ni Injuries being done by killings mijmarkitig, driving aivay^ or de-jtroying
Peoples Stocks.
CHAP. XLIV.
%^!^?Z^'!-]'. ^^ ^^' *° appoint Toll-Books to be kept at or near Catherine'^ Creek, in
Chowan PrecinSf, at the Head of Pequimons PrecinSt, and at the
Mouth of the North-weft River^ in Currituck PrecinB ; and to prevent
P'Tfons frotn tranfporting or driving Horfes, Cattle, or Hogs, to other
Perjons Lands.
I- TTTHEREAS divers Perfons, Inhabitants oi Virginia, frequently coming
Vy i'^'^o ^^is 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, do
very often drive, lead, or carry Horfes, Cattle, or Hogs, to other Perfons Lands,
where they fuppofe is better Herbage or Mall than on that whereon rhey are
Dwellers : For x^revention whereof;
II. 5 £ // Enafled, by his Excellency the Palatine, and the reft 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 JJfemhly, now met at Little
River, for the North-Eaft Part of the faid Province, and it is hereby Enacted, by
Toll-Books to be the Authority of the fame. That there fliall be, at Catherine's Creek, in Chowan
'^'" Precind, at the Head ot Pequimon River, and at the Mouth of the North-weft
R-iver, in Currituck ir-rccinft, Perfons appointed by the Governor or Commander
All cutie, tsc. ifi Chief for the Time being, to keep Toll-Books ; and all Perfons, whether Driv-on
'ilmr".'f'
^^^' -^^"^chafcrs, or Owners of Cattle or Hogs, fhall be obliged to enter in the
fu"ch cutie, &c. Toll-Book every Beaft or Hog, with their Mark and Diflinclion, and of whom
or 40 s. purchafed : And that what Perfon foever fhall drive Cattle or Hogs to Virginia^
and (hall negled to enter the fame in the refpedive Toll-Books, according to this
A61, (hall 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 omittin^ lliall forfeit
and pay the Sum of Forty Shilhngs ; to be recovered by a Warrant from the next
Juftice of the Peace.
For entring every HI, AND be it furthcr Enactcd, That every Purchafer, Owner,' or Driver of
fvTr^'Hog Tl
^^"^^ ^^'^ ^°§^' ^.^^^ P-^y' ""'^^ ^^^ Perfon fo appointed to keep the faid Toll-
Book, Two Pence for every Beaft, and One Penny for every Hog, which ftiall
be fo driven and entered in the faid Toll-Book.
No Perfon to I^. ANB be it further Enacted, by the Authority aforefaid. That if any Per-
Se or'^othlr
^°" °'" Perfons whatfoever, either inhabiting in Virginia or this Government,
Pepies L,nd; ftiall, after the Ratification of tliis Aft, prefume to drive, lead, tranfport, or car-
Ki"veT:b*^rty7 0,° ^^ ^"7 C^"^^» Horfes, or Flogs, to range upon any Perfons Lands,' ftiall forfeit
PcnaJiy of 10 1, and pay the Sum of Ten Pounds : And that no Perfon or Perfons whatfoever,
inhabiting in this Government, fliall 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 Flogs, under the like Penalty of Ten Pounds.
V. AND
LAWS of N O R T H - C AR O L I N A. 2?
— . -,— ?j
"
I -.- I —, . , ,!_
—
—
A- D. 1715.
. V. AJSl B be it further Enacted, by the Authority aforefaid. That no Foreigner i^'T^XT^
whatfot;ver, either by Confent or PermifTion of any other Perfon or Perfons in- ^^'ng siock imo
habiting in this Government, or otherwife, fhall prefume or offer to drive, lead, mZ'x^^oT-pZ
or bring into this Government, any Stocks of Cattle, Hogs, or Korfes, with In- "'^'^ °^ ^°''
tention to Winter them here, or to deftroy the Herbage or Maft ; under the
Penalty of Twenty Pounds: And it is hereby meant and intended, and fo (hall N."etobedecm-be
underllood and taken, that no Perfon fliall be deemed an Inhabitant that holds wb-!"do''mn're.
Lands by Entry, Survey, or Patent, but fuch as a<5tually and conftantly refide on ^''^ °" '*'"'''
fuch Lands, or keep the fame always tenanted, cultivated and improved. them'tecTnted!''
VI. AND be it further Enacted, by the Authority aforefaid. That the Ranker R^^ger, ^c. to
of each Precincl or Divifion where fuch Offence fhall be committed, or on his
™'"= ^'^'"^'•
Default, the Keeper of the Toll-Book, is hereby appointed to make Diftrefs of
fuch Cattle, Hogs, or Horfes, of any Perfon or Perfons offending •, the one Half
of which Fine or Forfeiture fhall be to the Ranger, or Keeper of the Toll-Book,
whichfoever lliall make the Diftrefs, and the other Half to the Churchwardens and
^t^ry, for the Ufe of the Parifh where the Offence fhall be committed,
VII. AND be it further Enacted, by the Authority aforefaid. That all Fines Penalties hew to
and Forfeitures in this Ad mentioned, and not herein and hereby exprefly and ^^ 'Jifpc^f-i, -md
particularly mentioned to whom they Ihall be paid, and how to be recovered,
''°""'"*'""''-
Ihall be, one Half to the Churchwardens and Veftry, for the Ufe of the Parifh
where the Offence fliall be committed, and the other Half to him or them that
fhall fue for the fame, in any Court of Record in this Government, by Bill, Plaint,
or Information -, wherein no Effoign, Proteftion, Wager of Law, or Injundion,
fhall be allowed or admitted of.
CHAP. XLV.
What Fences arefufficietif
.
^' "R ^ '^ Enacted, by his Excellency the Palatine, and the refi of the true and
J_> abfolute Lords Proprietors of Carolina, by and with the Advice and Confent
of the refi 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 Enacted, by the Au-thority
of the fame. That every Planter fhall make a fufHcient Fence^about his Fence, how to bc^
cleared Ground Five Feet high, and the End of every Rail not to be above Four '"*''''•
Inches afunder, until the Fence be Three Feet high from the Ground ; which, if
any Perfon be deficient in, whatlbever Trefpafs or Damage fuch Perfon fhall fuf-tain,
by Horfes, Hogs, or Cattle, the Owner of fuch Horfes, Hogs, or Cattle,
mall not be liable to any Adion of Trefpafs, or to make Satisfadion for fuch
Injury. ^
n, n' '^^Jl^''^.^-'^^'^
Enacted, That if any Perfon, whofe Fence is Infufficient, Pc.fo„snot hav.
lHall, with Guns, Dogs, or otherwife, unreafonably chafe, worry maim or kill
'"g'^^f^'F^""',
any Cattle, Hogs, or Horfes, or caufe the fame to be done, flich Perfon fo of- Ss^^t^.'^k:
tending fhall make full Satisfadion, for fuch Damages or Injury to the Owner ^""^ '*"= ^''"'^-
of fuch Horfes, Hogs, or Cattle, as he fliall thereby fuftain ; to' be recovered „
by Action of Debt, in the Court of the Precind wherein fuch Injury fhall be com- -el'
mitted, wherein the Teftimony of one Witnefs fhall be fufhcicnt Proof •, provided
the DaiTiages do amount to above the Value of Forty Shillings ; but in Cafe the Damages be lefs than Forty Shillings, then the fame fhall be triable and determi-
How to be rceo«
26 LA W S of North-Carolina.
•^^^^,2^ nable by and before Juftices of the Peace only, as by the Aft, intituled. An Jcf,
r:;^^prihZ Mthe rrirJpfJmall and mean Caufes, is direfted : But in -Cafe any Horfe, Hogs,
f!c'rnt""o'b?'^'
^^ Cattle, Ihall trefpafs upon any Perlbns Land whofe Fence fliall be fufficient,
nude good"by the according to tiie Diredions of this Aft, which fhall be determined by any Two
Srrr S/^^
fufficient Freeholders of the Neighbourhood, indifferently chofen, and fworn be-
°'"'' " fore fome Magifa-ate 5 then the Owner of fuch Horfes, Hogs, or Cattle, fhall
make full Satisiaftion for the Trefpafs, to the Party injured i to be recovered in
fuch Manner as is herein before by this Aft direfted.
Unruly Horfes, HI. ANB be ji, further Ena£led, by the Authority afcrefaidy That every Perfon
iffenced c'round
^^^^'^ Horfc, Mare, or Gelding, fliall break into any inclofed Grounds, fenced
tp brk-pt 'up" according to the Direftions of this Aft, fuch Perfon. or Perfons fliall be bound to
Io'/vi!7o!
"'
-^^^.P "P ^"^'^ unruly Horfe, Mare, or Gelding, irom the Tenth Day of March,
until the Tenth Day of November^ Yearly ; under the Penalty of paying double
Damages, with Cofts, to the Party injured, for the Second Offence or Tref|)afsj
and for the Third Offence, treble Damages j to be recovered as aforefaid.
CHAP. XLVI.
*nV4!'^^f'^' -^ -^^i concerning Servants and Slaves.
Chap. 24.
CHAP. XLVII.
Private Burials prohibited.
E it Ena^ed^ by his Excellency the Palatine, and the reft of the true and ab~
folute Lords Proprietors of Carolina, by and with the Advice and Confeni
of this prefent General AJfembly, now met at Little River, for the North Eafl Part
Burial Places to ^f ^hc fttid Provinc