NORTH CAROLINA LAWS:

ABSTRACTS FOR/ABOUT

BERTIE PRECINCT/COUNTY

1722 – 1787

(ABSTRACTED FROM NORTH CAROLINA

COLONIAL AND STATE RECORDS, UNC WEBSITE

By GERALD W. THOMAS, FEBRUARY 2011)

 

 

Acts of the North Carolina General Assembly, 1722

North Carolina. General Assembly

October 02, 1722 - October 19, 1722

Volume 23, Pages 98-102

#LAWS OF NORTH CAROLINA, 1722.

At a General Biennial Assembly, held at Edenton, in Chowan Precinct, the Second Day of October, One Thousand Seven Hundred and Twenty-two, and continued by several Adjournments, to the Nineteenth Day of the same Month. William Reed, Esq., President.

CHAPTER III.

An Additional Act to an Act, Intituled, An Act, appointing Toll-Books.

I. Whereas an Act, intituled an Act, for appointing Toll-Books to be kept in this Government, has been passed; and the said Act has been rendered useless by reason of the Places appointed by it for the Toll-Books to be kept being inconvenient, and the fees allowed to such persons as are appointed to keep them so small, that no person will take the trouble of the said office on himself: Wherefore it is prayed, that an Act may be made for the Continuance of the said Act, and that there be fixed places appointed for the Toll-keepers in the several Precincts, and that the said Toll-keepers Fees be raised:

II. Be It Therefore Enacted, by his Excellency the Pallatine, and the rest of the true and absolute Lords Proprietors of Carolina, by & with the Advice and Consent of this present General Assembly, now met at Edenton, on Queen Anne's Creek, in Chowan Precinct, for the North East part of the said Province, and it is hereby Enacted by the Authority of the same, That the Toll Office for the Precinct of Chowan, be kept at the head of Katharine's Creek, near Mr. Thomas Speight's, at the Head of Perquimons and at Maycock Creek, in Currituck Precinct; for Bertie Precinct, at Boon's Ferry, and such other Places as the Precinct Court shall appoint: And that every Toll-Keeper shall be allowed the Sum of Four Pence for each Hog, and Six Pence a head for all Cattle, carried or transported out of this Government, by all Persons carrying or transporting the same, under the like Penalty as in the said Act is mentioned; And the said Toll-keepers are to observe all Articles and Clauses in the said Act mentioned, under the like Pains, Fines and Penalties therein expressed.

#CHAPTER V.

An Act appointing that part of Albemarle County lying on the West Side of Chowan River, to be a Precinct, by the name of Bertie Precinct.

I. Whereas that part of Albemarle County lying on the West Side of Chowan River, being part of Chowan Precinct, is now inhabited almost to the utmost of the said County Westward, and by reason of the remote situation thereof, the Inhabitants, which are growing very numerous, cannot, without too great Inconvenience, be continued any longer as part of Chowan Precinct: Wherefore.

II. Be It Enacted by his Excellency the Pallatine, and the rest of the true and absolute Lords Proprietors of the Province of Carolina, by and with the Advice and Consent of the rest of the Members of the General Assembly, now met at Edenton, at Queen Anne's Creek, in Chowan Precinct, for the North East Part of the said Province, and it is hereby Enacted, by the Authority of the same, That that part of Albemarle County lying on the West Side of Chowan River, being part of Chowan Precinct, bounded to the Northward by the line dividing this Government from Virginia, and the Southward by Albemarle Sound and Morattuck River, as far up as Welch's Creek, and then including both sides of the said River, and the Branches thereof, as far as the limits of this Government, be, and the same is hereby declared to be erected into a Precinct, by the name of Bertie Precinct, in Albemarle County; with all and every the Rights and Priviledges, and other Benefits and Advantages whatsoever, as any other of the Four Precincts in Albemarle County can or may have, use, or enjoy.

CHAPTER VIII.

An Act, for settling the Precinct Courts and Courthouses.

VI. And be it Further Enacted, by the Authority aforesaid, That the Lands hereafter mentioned be, by the several Justices, or the Major Part of them, in each respective Precinct, purchased, to and for the Building and erecting the several Court-houses on: That is to say: …

For the Precinct of Bertie, now by this Assembly, laid out, at some convenient place at Ahotskey, where the Justices shall appoint.

Acts of the North Carolina General Assembly, 1723

North Carolina. General Assembly

November 23, 1723

Volume 25, Pages 184-209

#LAWS OF NORTH CAROLINA--1723.

CHAPTER I.

An Act to provide indifferent Jurymen in all Causes, Civil and Criminal.

That indifferent Jurors in all Courts of Judicature within this Governm't for Tryals hereafter to be had may be had, and that the Charge and Appearance thereon may be equally born by all and every the respective persons therein hereafter qualified to Serve upon Jurys.

… VI. And be it further Enacted by the Authority aforesaid, That every Justice or other Officer of any and every precinct Court in this Governm't shall observe, perform and keep the Same Rules and Ways in choosing Jurymen for the Said Court within their Several precincts as by this Act is appointed for the Gen'll Court, under the Same penalties and forfeitures as is before in this Act provided.

Provided always, that the Jurors which are or shall be drawn to serve respectively in the precinct Courts shall be from a List only of such of the persons in the List Annexed or to be annexed as are Inhabitants of the Districts of the Said Courts. …

 

 

 

 

 

 

A List of Jurymen in Bertie Precinct.

Jno. Bently

1

Rog'r. Snell

19

Arthur Duggle

37

Wm. Bently

2

Jn'o. Gardener

20

Peter Gray

38

Ed: Smithwick

3

Rob't. Bell

21

James Leggile

39

Wm. Caneday

4

Francis Hopoon

22

David Hicks

40

George Brumley

5

Wm. Hardy

23

Tho's. Williams

41

Jno. Smithwick

6

Jonath Jacocks

24

Jn'o. Edward, Jn'r

42

Jona'th. Taylor

7

Jos: Hudson

25

Owin Daniel

43

Peter Standel

8

George Smith

26

Wm. Griffin

44

Martin Cromen

9

Jn'o. Coock

27

Martin Garner

45

Charles Pate

10

Jn'o. Horren

28

Ed: Moor

46

Wm. Pate

11

Jos: Shittlethorp

29

Nich: Fryer

47

James Feltham

12

Rob't. Anderson

30

Jonath. Stanley

48

Laurence Searson

13

Jona'th. Rider

31

James Roberts

49

James Cashlow [Castellow]

14

Wm. Meazel

32

Cha: Barber

50

Chris'phr. Vanlubin

15

Philip Ward

33

Sam'll. Herren

51

Jn'o. Brown

16

Rob't Button

34

Wm. Redey

52

Martin Rasors

17

Jno. Hobson

35

Mich: King

53

James Currey

18

Jno. Stephens

36

Jn'o. Hill

54

[A List of Jurymen in Bertie Precinct.]

Jn'o. Bryan

55

Rich: Melton

83

Wm. Moor, Jun'r

111

Ed: Bryan

56

Geo: Williams

84

Jam. Williams

112

Wm. Sharp

57

Jn'o. Blackman

85

Wm. Bennet

113

Jn'o. Beverly

58

Henry Whealer

86

Jam: Blount

114

Wm. Moor

59

Jos: Sims

87

Wm. Gray

115

Jos: Johnson

60

Jos. Lamb

88

Wm. Jones

116

Tho: Boon, Jn'r

61

Jn'o. Cotton

89

Rob. Braswell

117

Hopkin Howill

62

Rob't. Sims

90

Wm. Whilefield

118

Wm. Arrenton

63

Manuel Rogers

91

James Wood

119

Elias Fourd

64

Tho: Whitshell

92

Ben: Foreman

120

Wm. Ridger, Jn'r

65

Tho. Arrington

93

Jam: Howard

121

Tredle Keeth

66

Jn'o. Green

94

Mat. Swanner

122

Aaron Drake

67

Jn'o. Bobit

95

Pet: Parker

123

Wm. Boon

68

Hen: Sims

96

Rob't. Evans

124

Wm. Bowill

69

Jona: Clift

97

Tho. Tubril

125

Martin Letter

70

Peter Velst

98

Sam'll. Williams

126

Jno. Bryan

71

Leon'd. Langston

99

Jn'o. Cnister

127

Tho: Grayne

72

Moor Carter

100

Jn'o. Williams

128

Sam'll Garlin

73

Stephen Howard

101

Jn'o. Dickson

129

Jno. Bardin, Jn'r

74

James Peak

102

Rich'd. Pace

130

Wm. Ricks

75

George Powell

103

Paul Brown

131

Wm. Vinson

76

Jn'o. Rasberry

104

Ed: Outlaw

132

Jon'ath. Williams

77

Rich'd. Killkintin

105

Henry Barfield

133

Jos. Dardin

78

Jacob Pope

106

Tho: Barfield

134

Tho. Brett

79

Rob: Long

107

Wm. Whitehead

135

Nich: Sheshions

80

Wm. Green

108

Wm. Bryant

136

Char. Stopplins

81

Ben: Wood

109

Jn'o. Pope

137

Frances Parker

82

Wm. Moor, Sen'r

110

 

 

 

 

Acts of the North Carolina General Assembly, 1727

North Carolina. General Assembly

November 06, 1727

Volume 23, Page 111

#LAWS OF NORTH CAROLINA, 1727.

At a General Biennial Assembly, held at Edenton, in Chowan Precinct, the Sixth Day of November, One Thousand Seven Hundred and Twenty Seven. Sir Richard Everard, Governor.

CHAPTER VII.

An Act to appoint the North West Part of Bertie Precinct a district Parish, by the Name of the North-west Parish of Bertie Precinct, and for appointing Vestrymen for the said Parish; and to appoint Commissioners in every Parish in this Government, to call the Church wardens and Vestry to Account for the Parish Money by them Received.

(Printed in Private Acts, post.) [Full text of this chapter is available at vol.25, p. 210.]

North Carolina. General Assembly

November 06, 1727

Volume 25, Page 210

LAWS OF NORTH CAROLINA—1727.

CHAPTER VII.

An Act, to appoint the North-west Part of Bertie Precinct a distinct Parish, by the Name of North-west Parish of Bertie Precinct, and for appointing Vestrymen for the said Parish; and to appoint Commissioners in every Parish in this Government, to call the Churchwardens and Vestry to Account, for the Parish Money by them received.

I. Whereas many Inconveniences attend the Inhabitants of Bertie Precinct, by Reason of the Largeness of the Parish, it including the whole Precinct: Be it therefore Enacted, by his Excellency the Palantine, and the rest of the true and absolute Lords Proprietors of Carolina by and with the Advice and Consent of the rest of the Members of this Present General Assembly, now met at Edenton, for the North-east Part of the said Province, and it is hereby Enacted, by the Authority of the same, That the said Precinct be divided into Two Parishes, as follows: From the Mouth of Wrestann's Creek up the said Creek to the Head of Ahatskey Swamp, from thence a direct Course to the Head of Bridger's Creek, thence down the said Creek to Roanoke River, and from thence, a South-west Course to the outer Inhabitants upon Fishing Creek.

II. And be it further Enacted, by the Authority aforesaid, That there shall be a Vestry appointed for the North-west Parish of Bertie, consisting of the Minister, (when any such shall be,) and The following Persons, viz. Major Barnabas Mackennie, Capt. John Spann Mr. Joseph Lane, Sen. Mr. Benjamin Hill, Mr. Robert Simmons, Mr. Richard Pace, Mr. Arthur Williams, Mr. John Due, Capt. George Winn, Mr. Edward Howard, Mr. Willliam Kinchen, Mr. John Bonde, which said Vestrymen are to be summoned, by the Provost Marshall, or his Deputy, to meet at the Church, Chappel, or Court-House, in the said Parish, within Forty Days after the ratification of this Act; under the Penalty of Twenty Shillings for every Vestryman not summoned To be recovered by Bill, Plaint, or information, in any Court of Record within this Government, and applied to the use of the poor of the parish.

III. And be it further Enacted, by the Authority aforesaid, That if any such Vestryman, being summoned, shall fail to appear and qualify himself, as by Law is appointed, (unless he be a known Dissenter from the Church of England,) he shall forfeit the Sum of Five Pounds; to be recovered, by Action of Debt, Bill, Plaint, or Information, in any Court of Record within this Government and applied to the uses above mentioned.

IV. And be it further Enacted, by the Authority aforesaid, That the said Vestrymen shall have as full Power and Authority, as the Vestrymen have in an Act, intituled, An Act, for establishing the Church, and appointing select Vestries.

Acts of the North Carolina General Assembly, 1729

North Carolina. General Assembly

November 27, 1729

Volume 25, Pages 211-213

#LAWS OF NORTH CAROLINA--1729.

#CHAPTER IV.

An Act, to appoint that Part of Albemarle County, lying on the South-side of Albemarle Sound, and Morattuck River, as high as the Rain-bow Banks, to be a Precinct, by the Name of Tyrrel Precinct.

I. Whereas that Part of Albemarle County, lying on the South-side of Albemarle Sound, and Morattuck River, as high as the Rain-bow Banks, includes Part of the several Precincts hereafter named, viz. Chowan, Pasquotank, Bertie, and Currituck; and whereas, the great wealth of the said Sound, and also the great Distance from the several Precinct Coutrs, renders it almost impracticable for the Inhabitants of those Parts to attend their Court as aforesaid.

II. Wherefore, be it Enacted, by his Excellency the Palatine, and the rest of the true and absolute Lords Proprietors of Carolina, by and with the Advice and Consent of the rest of the Members of this present General Assembly, now met at Edenton, for the North-east Part of the said Province, and by the Authority of the same, That that Part of Albemarle County, lying on the South-side of Albemarle Sound, and Moratuck River, being Part of the several Precincts before mentioned, bounded to the Westward by Thomas Hoskin's upper Line, beginning at his upper Corner Tree, on Rainbow Banks, on Moratuck River, and by a Line running South from his outer Corner Tree, to the Southward by the Bounds of Albemarle County, to the Eastward by the Sound, between Roanoke Island, and Croatan, and to the Northward by Albemarle Sound and Moratuck River, as high as the Rainbow Banks, in Moratuck River, shall be, and the same is hereby declared to be erected into a Precinct, by the Name of Tyrrell Precinct, in Albemarle County, with all and every the Rights and Privileges, and other #Benefits and Advantages whatsoever, which any other Precinct in Albemarle County can or may have, use or enjoy.

III. And be it further Enacted, by the Authority aforesaid, That the Election for Representatives for the said Precinct, shall always be at the Court-house for the said Precinct, or such Places as shall be appointed for the building the said Court-house therein.

IV. And whereas by an Act, intituled, An Act, for settling the Precinct Courts and Court-houses, it is therein provided in what Manner the Land should be purchased, on which to build Court-houses in the several Precincts: Be it Enacted, by the Authority aforesaid, That the Justices to be appointed for the said Precinct of Tyrrell, shall observe the same Method prescribed by the said Act, and shall cause the Court-house for the said Precinct to be built on the Land of William Downing, or that of William Fraley, on Kendrick's Creek, as near as may be to the Bridge now called Fraley's Bridge.

V. And whereas Part of the above now Precinct was formerly made a Distinct Parish, by the Name of the South Parish of Chowan. Be it Enacted, That the whole Precinct now appointed by the Name of Tyrrel Precinct, be, and is hereby Erected into one Parish by the Name of St. Andrews; and that the same Vestry be continued in the said Parish of St. Andrew's; which now is appointed to the said South Parish of Chowan, with all and every the Rights and Privileges, and other Benefits and Advantages whatsoever, which any other Parish in Albemarle County can or may have, use and enjoy. Provided nevertheless, That it is not hereby intended, that the said Precinct, shall send more than two Burgesses at present, to sit in General Assembly, without it shall appear that there is three Hundred Tythables in the said Precinct; and in such Case, it shall and may send three Burgesses; and so as it shall increase in Number of Tythables, it shall send one Burgess for every Hundred more, so as not to exceed Five Representatives in the whole.

Acts of the North Carolina General Assembly, 1735

North Carolina. General Assembly

1735

Volume 25, Pages 215-219

#LAWS OF NORTH CAROLINA—1735.

CHAPTER I.

An Act for providing His Majesty a Rent Roll for securing His Majesty's Quit Rents, for Remission of Arrears of Quit Rents; and for quieting the Inhabitants in their Possessions; and for the better settlemt. of His Majesty's Province of North Carolina

Whereas His Majesty out of His Paternal care of the Inhabitants of this Province and Compassion for their unhappy Condition, did, out of his Royal Bounty, purchase from the late Lords Proprietors, the Soil and Dominion thereof, with all Arrears of Quit Rents accruing & then due; and has been graciously pleased to take his Subjects of this Government under his immediate Protection; and Whereas the Confusions of this Province has in a great measure proceeded from the want of proper Laws for the Settlemt. of the Country and of a Rent Roll of the Quit Rents reserved & payable to His Majesty; Wherefore to the End that the Arrears of his Majesty's said Quit Rents which are become due and payable since his—Majesty's Purchase of the said Soil and Governmt. as well as such as shall hereafter become due and payable to His Majesty his Heirs and Successors, may be the better ascertained and paid; We humbly pray Your Most Sacred Majesty that it may be Enacted, and be it hereby Enacted by His Excellency Gabriel Johnston Esq Governour, by and with the Advice & Consent of His Majesty's Council and the Assembly of the said Province, …

VIII. And be it further Enacted by the Authority aforesaid that the Arrears of Quit Rents now due to his Majesty since the 29th day of Septr 1729, or which shall become due on the 29th day of Septr. which shall be in the Year of Our Lord 1735, shall be pd. to his Majesty in the manner following; that is to say, The one Moiety or half part between the first day of February & the first day of March 1735 And the other Moiety or half part, together with the Quit Rents which shall then grow due, on the 29th day of Septr, which shall be in the Year of Our Lord 1736 between the first day of February and the first day of Mar. next following; and after the Quit Rents to be paid yearly at the Time aforesd and Places hereafter mentioned In Chowan Precinct at Edenton Burket's Landing & B Landg: in Bertie Precinct at Mr. Arthur Williams's Landg. Sam Williams's Landg. now—Mr. Thos Jones's; on Petty Shore at Jno. Howel's Landg. on Chowan River at Jno. Green's Landg. at the Widow Jeffery's Landg. at Theoph. Pugh's Landg. on which Edmd. Wiggins lives, all on Roanoke River, and at Base Island, on Cashi River; ...

Acts of the North Carolina General Assembly, 1741

North Carolina. General Assembly

March 1741

Volume 23, Pages 158-204

#LAWS OF NORTH CAROLINA, 1741.

At a General Assembly, held at Edenton, the Fourth Day of April, in the Year of our Lord One Thousand Seven Hundred and Forty One. Gabriel Johnston, Governor.

CHAPTER VII.

An Act to Confirm and erect that part of Province of North Carolina called Edgecomb County, into a County, by the Name of Edgecomb County, and for the Establishing the said County a Parish; and for ascertaining the Boundary Line Between the Northwest and Society Parishes, in Bertie County.

X. And for ascertaining the Bounds between the Northwest and Society Parishes, in Bertie County, Be it Enacted, by the Authority aforesaid, That the Boundary Line of the said Parishes shall run thus to-wit: From the Mouth of Sandy Run, to the Head thereof; and from thence, in straight Line, to Ahoskey Swamp, and from thence, along the old dividing Line between the said Two Parishes; which Line shall, forever, be deemed the Boundary Line of the said Two Parishes; any Law to the Contrary, notwithstanding.

XI. And be it further Enacted, by the Authority aforesaid, That the Arrears now due from the Inhabitants of Edgecomb County, to Society and Northwest Parishes, of which it was a Part, shall be paid to the Churchwardens of the said Society and Northwest Parishes, as if this Act had not been.

CHAPTER XXIII.

An Act for Establishing the Church, for appointing Parishes, and the Method of Electing Vestries; and for directing the Settlement of Parish Accompts throughout this Government.

I. Be it Enacted by his Excellency Gabriel Johnston, Esq., Governor, by and with the Advice and Consent of his Majesty's Council, and General Assembly of this Province, and it is hereby Enacted, by the Authority of the same, That this Government be and it is hereby divided in distinct Parishes, in the Manner following: That is to say, St. Paul's Parish, in Chowan County, Berkely Parish, in Perquimons County, St. John's Parish, on the Southwest side of Pasquotank River, and St. Peter's Parish on the Northwest Side of Pasquotank River, in Pasquotank County, Currituck Parish in Currituck County, Northwest Parish, and Society Parish, in Bertie County, St. Andrews Parish in Tyrrell County, St. Thomas Parish in Beaufort county, St. George's Parish, in Hyde County, Christ-Church Parish, in Craven County, St. John's Parish in Onslow County, St. James Parish, on the East side of Cape Fear River, in New Hanover County, and St. Phillip's Parish on the West side of Cape Fear River, in New Hanover County, from the Mouth of the said River, running up the Northwest River to the Bounds of the County, inclusive of the Island at the Mouth of the Northwest and Northeast rivers, in the said County, commonly called Eagle's Island, lying to the South of the Thoroughfare, St. Martin's Parish, in Bladen County, and Edgecomb Parish, in Edgecomb County.

Acts of the North Carolina General Assembly, 1741

North Carolina. General Assembly

September 21, 1741

Volume 23, Pages 205-206

#LAWS OF NORTH CAROLINA, 1741.

At a General Assembly, held at Wilmington, in the Year of our Lord One Thousand Seven Hundred and Forty One. Gabriel Johnston, Esq., Governor.

CHAPTER I.

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

I. Whereas the County of Bertie is very extensive, and its Inhabitants more numerous than any County in this Province; which renders the Public Business of the said County very difficult to be transacted: For Remedy whereof:

II. We pray that it may be Enacted, And be it Enacted, by his Excellency Gabriel Johnston, Esq., Governor, by and with the Advice and Consent of his Majesty's Council, and General Assembly of this Province, And it is hereby Enacted, by the Authority of the same, That that Part of Bertie County which lieth North and West of Sandy Run, and in a direct Line from the Head of the said Run, to the Head of the Beaver Dam Swamp, and down the said Swamp and Meherrin Creek and River be, and is hereby erected into a County, by the Name of Northampton County; and that the said Bounds shall, henceforward, be the Limits between Society Parish and the Northwest Parish of Bertie.

III. And be it further Enacted, by the Authority aforesaid, That from and after the Passing of this Act, the said County of Northampton shall be invested with as full and ample Powers, Privileges, Advantages and Immunities as any other County in this Province, saving only, that the said County shall send to all Assemblies, after the Dissolution of this present Assembly, Two Representatives, and no more.

IV. And be it further Enacted, by the Authority aforesaid, that Bertie County shall, in all future General Assemblies which shall be held after the Dissolution of the present Assembly, choose and send to the General Assembly, three Representatives, and no more.

V. And be it further Enacted, by the Authority aforesaid, That the present Representatives who have been sent by Bertie County, shall, for and during the Continuance of this present General Assembly, sit and vote as the Representatives of Bertie and Northampton Counties.

VI. And be it further Enacted, by the Authority aforesaid, That the Court of the said County of Northampton shall be holden on the Fourth Tuesdays of the Months of November, February, May and August, annually: Which said Court, at their First Term or Session, shall recommend to his Excellency the Governor, proper Persons to execute the respective Offices of Clerk and Sheriff of the said County, according to Law.

VII. And be it further Enacted, by the Authority aforesaid, That the said Court shall, at the Charge of the said County, in their First or Second Term or Session, make Orders and Rules, agreeable to the Laws of this #Province, for erecting a sufficient Court-house, Prison, and Stocks, near the upper Pottakasey Bridges, as the said Court shall deem necessary.

VIII. And be it further Enacted, by the Authority aforesaid, That the Court of Bertie County shall, at the Charge of their County, on the first or second Term or Session, next after the passing of this Act, make Orders and Rules for erecting a sufficient Court-house, Prison and Stocks, at such Place as to them shall seem most convenient; and the levy lately laid by the Court of Bertie, for building a Gaol, shall be appropriated for the Uses aforesaid, in the County in which the Tithables are resident; and the County of Northampton shall pay a proportion of County Taxes with Bertie, to be laid to discharge all Arrears which the said County of Bertie is now in, for building their several Warehouses and paying the Wages of their several Inspectors, and of running the said Line: And that the Levy on the Northwest Parish of Bertie, already laid, shall be paid and accounted for to their Vestry.

IX.. Provided always, That nothing in this Act shall be construed to extend to alter or vacate any Judgment or Judgments already had or obtained, or any Suit already commenced in the Court of Bertie County, but that the said Court may proceed, as usual, to Judgment and Execution thereof.

Acts of the North Carolina General Assembly, 1743

North Carolina. General Assembly

1743

Volume 23, Pages 207-216

#LAWS OF NORTH CAROLINA, 1743.

At a General Assembly, held at Edenton, the Second Day of April, in the Year of our Lord One Thousand Seven Hundred and Forty Three. Gabriel Johnston, Esq., Governor.

CHAPTER VII.

An Act, for erecting a Court House, Prison, and Stocks, in Bertie County and for laying a Tax upon the Inhabitants of the said County for defraying the Charge thereof.

I. Whereas great Disputes have arisen in the County of Bertie, concerning the Place whereon the Court-house, Prison and Stocks, should be erected in the said County, by Reason whereof, they have not hitherto been built: Therefore, to ascertain the Place whereon the same shall be built, and to prevent Delays for the future.

II. We pray that it may be Enacted, And be it Enacted by his Excellency Gabriel Johnston, Esq., Governor, by and with the Advice and Consent of his Majesty's Council, and General Assembly of this Province, and it is hereby Enacted, by the Authority of the same, That the Court-house, Prison and Stocks, of Bertie County, shall be built between Cusby [Cashie] Bridge and Will's Quarter Bridge, in the said County, and that all Courts shall be there held for the said County, after the same shall be built, any law, Custom, Usage, or Order of Court, to the contrary, notwithstanding.

III. And be it further Enacted, by the Authority aforesaid, That the Justices of the said County, or a Majority of them, are hereby impowered and required, at the next Court that shall be held for the said County, after the passing of this Act, to purchase, of the Owner, One Acre of Land, in Fee-simple, between the said Bridges, for the Use of the Public, whereon to build the said Court-house, Prison and Stocks; and shall also contract with, or impower other Persons, as they shall think proper, to contract with and employ workmen, for building and erecting the same thereon.

IV. And for defraying the Expences thereof, Be it further Enacted, by the Authority aforesaid, That the said Justices, or a Majority of them, are hereby impowered and required, to lay a Tax on the Inhabitants of the said County, not exceeding Two Shillings and Six Pence, Proclamation Money, for One Year per Tithable, for the Purposes aforesaid.

V. And be it further Enacted, by the Authority aforesaid, That the Sheriff of the said County of Bertie, shall, and he is hereby required, to collect the aforesaid Tax, at the Time, and in the Manner that the Public Taxes are by Law to be collected, and pay the same to the Justices of the said Court, to be by them applied to paying the Workmen for building the said Court-house, Prison and Stocks; and also, to pay the Consideration Money for the One Acre of Land, hereinbefore directed to be by them, the said Justices, purchased.

VI. And be it further Enacted, by the Authority aforesaid, That all and every Contract or Contracts heretofore made, by Virtue of any Order of the Court of Bertie, concerning the erecting a Court-house, Prison and Stocks, at or near Stony Creek, is and are hereby annulled and made void, and all Persons concerned therein, shall and are hereby discharged from performing the same, or any Part thereof.

VII. Provided nevertheless, That if any Person, by Virtue of an Agreement with the said Justices heretofore made, hath collected any Materials or done any Work towards the building of a Court-house, Prison and Stocks, #at or near Stony Creek, the said Materials or work so done, shall be valued by Two Freeholders of the said County, one to be chosen by the said Justices, and the other by the Party Collecting such Materials, or doing such Work; and the Money such Materials or Work shall be valued at shall be paid out of the Tax to be raised by Virtue of this Act.

VIII. And be it further Enacted, by the Authority aforesaid, That in Case any Money has been collected by the Sheriff of the said County, from any Person or Persons, in Consequence of any Order of Court heretofore made, the same shall be paid, by the Sheriff who collected the same, to the Justices of Bertie County aforesaid, for and towards defraying the Expence of building the said Court-house, Prison and Stocks; and any Person or Persons who has already paid any money to the Sheriff, in Consequence of any Order of Court, made as aforesaid, shall be allowed the same, in Discount of any Tax he shall be liable to by Virtue of this Act; anything herein contained to the contrary, notwithstanding.

Acts of the North Carolina General Assembly, 1746

North Carolina. General Assembly

November 21, 1746 - December 05, 1746

Volume 23, Pages 251-267

#LAWS OF NORTH CAROLINA, 1746.

At a General Assembly, held at Wilmington, the Fifth Day of December, in the Year of our Lord One Thousand Seven Hundred and Forty Six. Gabriel Johnston, Esq., Governor.

CHAPTER II.

An Act to fix a Place for the Seat of Government, and for keeping Public Offices; for appointing Circuit Courts and defraying the Expence thereof; and also for establishing the Courts of Justice and regulating the Proceedings therein.

I. Whereas the Limits of this Province are very extensive, and to the End that the Supreme Court of Judicature and Public Offices may be held and kept at the most proper and convenient Place, and Circuit Courts appointed for the Ease and Benefit of the Inhabitants in General of this Province, …

V. And be it further Enacted, by the Authority aforesaid, That all issues in all Actions and Plaints, whether Real, Personal or Mixt, Local or Transitory, which shall hereafter be brought or Commenced in the Supreme Court of Common Pleas, in which the Visne shall be laid in the Counties of Currituck, Pasquotank, Pequimans, Chowan, Bertie and Tyrrell shall be tryed at Edenton by Writ of Nisi Prius on the Second Tuesdays in October and April: …

XV. And to raise Money for defraying the Charges in building the Public Offices and paying the said Officers of the Circuit, Be it Enacted, by the Authority aforesaid, That from and after the Ratification of this Act a Tax of Four Pence, Proclamation Money, per Poll shall be Annually levied on the taxable Persons within this Province and collected by the Sheriff of the respective Counties at the Time all other Taxes are collected and paid, for and during the Space of Two Years, to be paid and applied in Manner following; that is to say: All the Money arising by the said Tax within the Counties of Craven, Beaufort, Hyde, Carteret and Johnston shall by each Sheriff be, at the usual Time, Annually accounted for and paid to Mr. John Barrow, Mr. James Macklewean, Mr. Thomas Pearson, Col. Thomas Lovick, and Mr. John West, or the Majority of them, for and towards the erecting the Offices and other Public buildings at New Bern Town as they, or the Majority of them, shall think necessary and convenient: And all the Monies arising by the said Tax within the Counties of Bertie, Tyrrell, Chowan, Pequimons, Pasquotank and Currituck shall be paid to Mr. Joseph Blount, Mr. John Benbury, Mr. Peter Payne, Mr. Caleb Wilson, Mr. Stephen Lee, Mr. John Wynne and Mr. Luke Sumner; to be by them applied towards repairing the Court-house for holding the Assizes at Edenton and finishing the Gaol, as they, the said Mr. Joseph Blount, Mr. John Benbury, Mr. Peter Payne, Mr. Caleb Wilson, Mr. Steven Lee, Mr. John Wynne and Mr. Luke Sumner, or the Majority of them, shall think necessary and convenient:

Acts of the North Carolina General Assembly, 1748

North Carolina. General Assembly

March 18, 1748 - April 06, 1748

Volume 23, Pages 273-296

#LAWS OF NORTH CAROLINA, 1748.

At a General Assembly, held at New Bern, the Sixth Day of April, in the Year of our Lord One Thousand Seven Hundred and Forty Eight. Gabriel Johnston, Esq., Governor.

CHAPTER I.

An Act to appoint Public Treasurers.

I. Whereas, by the Laws of this Province, the Sheriff and other Persons concerned in the receiving and collecting of the Public Money, are directed and required to account with and pay the same to the General Assembly, and whereas, by Reason of the Shortness of the Sessions, there is not always Time perfectly to examine the Accounts of those who appear, or to send for them who neglect to appear, and account: Wherefore,

II. We pray it may be Enacted, And be it Enacted, by his Excellency Gabriel Johnston, Esq., Governor, by and with the Advice and Consent of his Majesty's Council, and the General Assembly of the said Province, and by the Authority of the same, That Mr. Thomas Barker, be, and is hereby appointed Public Treasurer, for the Counties of Currituck, Pasquotank, Perquimons, Chowan, Tyrrell, Bertie, Edgecomb, Northampton, and Granville: And that Edward Moseley, Esq., be, and is hereby appointed Public Treasurer for the Counties of Craven, Carteret, Onslow, New Hanover, Bladen, Johnston, Beaufort, and Hyde: Which said Treasurers shall, before they enter upon their said Offices, respectively, give Bond, to our Sovereign Lord the King, his Heirs and Successors, in the Sum of Two Thousand Pounds, Sterling Money, for the Faithful discharge of their said Offices; which Bond shall be lodged in the Secretary's Office.

III. And be it further Enacted, by the Authority aforesaid, That the Sheriffs, and all other Persons, concerned in the Collecting or receiving Public money, within the respective Counties of Currituck, Pasquotank. Perquimons, Chowan, Tyrrell, Bertie, Edgecomb, Northampton, and Granville, shall, on or before the first Day of January, next ensuing, upon Oath account for, and pay to the said Thomas Barker #all the Money so by them respectively received, or which, by Law, they ought to have received, and were accountable for, before the first Day of September, in the Year of our Lord One Thousand Seven Hundred and Forty Five, under the Penalty of Twenty Pounds, Proclamation Money; and that all Persons within the said respective Counties, having any Public Money in their Hands, shall, upon Oath, account for, and pay the same, to the said Thomas Barker, on or before the said First Day of January, next ensuing, under the like Penalty of Twenty Pounds, Proclamation Money.

Acts of the North Carolina General Assembly, 1748

North Carolina. General Assembly

September 1748

Volume 23, Pages 297-309

#LAWS OF NORTH CAROLINA, 1748.

At a General Assembly, held at New Bern, the Fifteenth Day of October, in the Year of our Lord One Thousand Seven Hundred and Forty Eight. Gabriel Johnston, Esq., Governor.

CHAPTER III.

An Act for ascertaining the Bounds of a certain Tract of Land formerly laid out by Treaty to the use of the Tuskerora Indians, so long as they, or any of them, shall occupy and live upon the same; and to prevent any Person or Persons taking up Lands, or settling within the said Bounds, by Pretence of any Purchase or Purchases made, or that shall be made, from the said Indians.

I. Whereas Complaints are made by the Tuskerora Indians, of divers Incroachments made by the English on their Lands, and it being but just that the ancient Inhabitants of this Province shall have and enjoy a quiet and convenient Dwelling-place in this their native County; Wherefore,

II. We pray it may be Enacted, And be it Enacted, by his Excellency Gabriel Johnston, Esq., Governor, by and with the advice and Consent of his Majesty's Council, and General Assembly of this Province, and it is hereby Enacted, by the Authority of the same, That the Lands formerly allotted the Tuskerora Indians, by solemn Treaty, lying on the Morattock River, in Bertie County, being the same whereon they now dwell, butted and bounded as follows, viz., Beginning at the Mouth of Quitsnoy Swamp, running up the said Swamp Four Hundred and Thirty Poles, to a Scrubby Oak, near the Head of the said Swamp, by a Great Spring; then North Ten Degrees East, Eight Hundred and Fifty Poles, to a Persimmon Tree on the Raquis [Roquist] Swamp; then along the Swamp and Pocoson main Course, North Fifty Seven Degrees West, Two Thousand Six Hundred and Forty Poles to a Hickory on the East Side of the Falling Run, or Deep Creek, and down the various Courses of the said Run to Morattock River; then down the River to the first Station; shall be confirmed and assured, and by Virtue of this Act, is confirmed and assured, unto James Blount, Chief of the Tuskerora Nation, and the People under his Charge, their Heirs and Successors, forever; any Law, Usage, or Grant, to the contrary, notwithstanding.

III. Provided always, That it shall and may be lawful for any Person or Persons, that have formerly obtained any Grant or Grants, under the late #Lords Proprietors, for any Tracts or Parcels of Land within the aforesaid Boundaries, upon the said Indians deserting or leaving the said Lands, to enter, occupy, and enjoy the same, according to the Tenor of their several Grants; any Thing herein to the contrary, notwithstanding.

IV. And be it further Enacted, by the Authority aforesaid, That it shall not nor may be lawful, for the Lord Granville's Receiver to ask, have, or demand, any Quit-Rents for any of the said Tracts or Parcels of Land, taken up within the said Indian Boundaries, as aforesaid, until such Time the Indians have deserted the same, and the Patentee be in Possession thereof, and then only for such Rents as shall from thence arise and become due; any Law, Usage, or Custom, to the contrary, notwithstanding.

V. And be it further Enacted, by the Authority Aforesaid, That no Person, for any Consideration whatsoever, shall purchase or buy any Tract or Parcel of Land, claimed, or in Possession of any Indian or Indians, but all such Bargains and Sales shall be, and are hereby declared to be null and void, and of none Effect; and the Person so purchasing or buying any Land of any Indian or Indians, shall further forfeit the Sum of Ten Pounds, Proclamation Money for every Hundred Acres by him purchased and bought; one Half to the Use of the Public, the other Half to him or them that will sue for the same; to be recovered, by Action of Debt, Bill, Plaint, or Information, in any Court of Record within this Government, wherein no Essoign, Protection, Injunction, or Wager of Law shall be allowed or admitted of.

VI. And be it further Enacted, by the Authority aforesaid, That all and every Person and Persons, other than the said Indians who are now dwelling on any of the Land within the Bounds above-mentioned, to have been allotted, laid out, and prescribed to the said Tuskerora Indians, shall, on or before the Twenty Fifth Day of March, next ensuing the Ratification of this Act, remove him or herself and Family off the said Land, under the Penalty of Twenty Pounds, Proclamation Money; And if any Person or Persons, other than the said Indians, shall neglect or refuse to move him or herself and Family off the said Lands, on or before the Twenty Fifth Day of March next; and if any Person or Persons, other than the said Indians, shall hereafter presume to settle, inhabit, or occupy any of the said Lands hereby allotted and assigned for the said Tuskerora Indians; such Person or Persons shall forfeit the further Penalty of Twenty Shillings, Proclamation Money, for each and every Day he, or she, or they shall inhabit or occupy any Lands within the said Indian Bounds, after the said Twenty Fifth Day of March next; and the said Penalties to be recovered and applied in the same Manner as the Penalty in this Act first above mentioned.

VII. And whereas the said Lands belonging to the Tuskerora Indians, have been lately laid out and new Marked, by George Gould, Esq., Surveyor General, at the Request of the said Indians; Therefore be it Enacted, That the said George Gould, Esq., have and receive, for the Trouble and Expence he hath been at in laying out and marking the Indians' Land aforesaid, the Sum of Twenty Five Pounds, Proclamation Money; to be paid by the Public out of the Monies in the Public Treasury.

VIII. And whereas the Indians complain of Injuries received from People driving Stocks of Horses, Cattle, and Hogs, to range on their Lands; for Remedy whereof, Be it Enacted, That Persons driving Stocks to range, or Stocks actually ranging on the Indians' Lands, shall, and are hereby declared, to be liable and subject to the like Penalties and Forfeitures, and may be proceeded against in the same Manner, and subject to the same Recoveries, as by the Law of this Province Stocks driven or ranging upon any White People's Land are liable and subject to; and the said Indians #shall and may enjoy the Benefit of the Laws in that Case made and provided, in the same Manner as the white People do or can; any Law, Usage, or Custom, to the contrary, notwithstanding.

Acts of the North Carolina General Assembly, 1752

North Carolina. General Assembly

March 31, 1752 - April 15, 1752

Volume 23, Pages 371-386

#LAWS OF NORTH CAROLINA, 1752.

At a General Assembly, held at Bath Town the Thirty first Day of March, in the Year of our Lord One Thousand Seven Hundred and Fifty Two. Gabriel Johnston, Esq., Governor.

CHAPTER I.

An Act for Licensing Traders, Peddlers, and Petty Chapmen, and granting to his Majesty an Impost or Duty on Goods, Wares, and Merchandize, to raise Supplies for defraying the necessary Charges of Government.

I. Whereas there are a great many Peddlers, Petty Chapmen, and other Trading Persons, who sell and dispose of Goods, Wares and Merchandize within this Government, who pay no Tax towards the necessary Support thereof, but depart out of the Province so soon as they have sold and disposed of the same, whereby the honest Planters of the Country are burthened with the Payment of all Taxes to support the Public Faith: …

VII. And be it further Enacted, by the Authority aforesaid, That the Collector of Currituck County, is hereby appointed Receiver, and shall Receive the Impost or Duty to be paid and received on all the Goods, Wares, and Merchandize, Wine and distilled Liquors, to be imported and brought into the said Port or County; … and that Mr. Thomas Whitmell, be and is hereby appointed Receiver of the Impost or Duty aforesaid, in the County of Bertie; ………

CHAPTER III.

An Act for appointing a Treasurer for the Counties of Currituck, Pasquotank, Perquimons, Chowan, Tyrrell, Bertie, Edgecomb, Northampton, and Granville; and for continuing an Act, intituled, An Act to appoint a Public Treasurer in the Room of Eleazer Allen, Esq., Deceased.

I. Whereas by an Act, intituled, An Act to appoint Public Treasurers, passed at New Bern, the Sixth Day of April, in the Year of our Lord One Thousand Seven Hundred and Forty Eight, it was, among other Things, Enacted, That the said Act should continue and be in Force for the Term of Four Years, and from thence to the End of the next Session of Assembly, and no longer, and as the said Act is just Expiring,

II. We pray it may be Enacted, And be it Enacted, by his Excellency Gabriel Johnston, Esq., Governor, by and with the Advice and Consent of his Majesty's Council, and the General Assembly of this Province, and by the Authority of the same, That Mr. John Haywood be, and he is hereby appointed, Public Treasurer for the Counties of Currituck, Pasquotank, Perquimons, Chowan, Tyrrell, Bertie, Edgecomb, Northampton, and Granville, in the Room and Stead of Mr. Thomas Barker, who has resigned the said Office: Which said Treasurer shall before he enters upon his Office, give Bond, with sufficient Sureties, to our Sovereign Lord the King, his Heirs and Successors, in the Sum of Two Thousand Pounds, lawful Money of Great Britain, for the faithful discharge of his said Office: Which Bond shall be lodged in the Secretary's Office.

III. And be it further Enacted, by the Authority aforesaid, That the Sheriff, County Treasurers, and all other Persons, concerned, or who have been concerned, in the Collecting and Receiving any Public Money, within the respective Counties of Currituck, Pasquotank, Perquimons, Chowan, Tyrrell, Bertie, Edgecomb. Northampton, and Granville who have not already accounted for and paid the same to Mr. Thomas Barker, or to the Committee of Accounts of both Houses, shall, upon Oath, account for and pay to the said John Haywood, all the Monies by them respectively received, or which by Law they ought to have received, and are accountable for; under the Penalty of Twenty Pounds, Proclamation Money.

IV. And be it further Enacted, by the Authority aforesaid, That all and every Sheriff and other Persons, who shall be concerned in the Collecting #and receiving the Public Monies hereafter to be Collected and received, within the several Counties above-mentioned, shall, Annually, account for, upon Oath, and pay the same to the Public Treasurer aforesaid, at the Courts of Assize held at Edenton and Edgecomb, in the Month of October; under the Penalty of Twenty Pounds, Proclamation Money.

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

VI. And be it further Enacted, by the Authority aforesaid, That the said Public Treasurer shall, from Time to Time, as often as he is required, upon Oath, account for and pay, to the General Assembly, all such Sums of Money which he shall receive by Virtue of this Act; for which Trouble, he shall be allowed Five per Cent. on all Monies by him received and paid into the Assembly, (except such Monies as he shall receive from Mr. Thomas Barker, late Treasurer) and may deduct the same accordingly.

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

VIII. And be it further Enacted, by the Authority aforesaid, That if the said Public Treasurer shall neglect or refuse to account for and pay to the General Assembly, all such Sums of Money which he shall receive by Virtue of this Act, he shall forfeit and pay the Sum of Fifty Pounds, Proclamation Money, for each Neglect or Refusal; to be recovered, by Action of Debt, Bill, Plaint, or Information, in the General Court of this Province, by him or them that shall or will sue for the same; wherein no Essoign, Injunction, or Wager of Law shall be allowed or admitted of: Two Thirds whereof to his Majesty, to be applied for the Use of the Public, and the other Third Part to the Prosecutor.

IX. And whereas by An Act, intituled, An Act to appoint a Public Treasurer, in the Room of Eleazer Allen, Esq., deceased, passed the Fifth Day of July, in the Year of our Lord One Thousand Seven Hundred and Fifty, it was, amongst other Things, Enacted, That the said Act should continue in Force for Three Years, next, after the passing thereof, and from thence to the End of the next Session of Assembly, and no longer; and as many inconveniences may arise by the Shortness of the said Time, Be it Enacted, by the Authority aforesaid, That the said Act shall be continued in full #Force for and during the Space and Term of Three Years, from the passing hereof, and from thence to the End of the next Session of Assembly, and no longer, any Thing in the before recited Act to the contrary, notwithstanding.

X. And be it further Enacted, by the Authority aforesaid, That this Act shall continue in full Force for and during the Space and Term of Three Years, from the passing hereof, and from thence to the End of the next Session of Assembly, and no longer.

Acts of the North Carolina General Assembly, 1752

North Carolina. General Assembly

March 31, 1752 - April 15, 1752

Volume 25, Pages 248-249

#LAWS OF NORTH CAROLINA--1752.

CHAPTER VII.

An act for appointing and laying out a town at Blackman's landing, on the west side of Cashie river, on a plantation belonging to Joseph Wimberly.

I. Whereas many of the inhabitants of Bertie county have petitioned for an act appointing a town at a place called Blackman's landing, on the west side of the Cashie river on a plantation belonging to Joseph Wimberly, and that commissioners may be appointed for laying out the same:

II. We pray it may be enacted And be it enacted, by his Excellency Gabriel Johnston, Esq; Governor, by and with the advice and consent of his Majesty's Council, and the General Assembly of this Province, and by the authority of the same, that as soon as the proprietor of the said land, at the place called Blackman's landing, shall acknowledge his consent and concurrence, in open court of the said county, to have fifty acres of land laid out for a town, as hereafter is directed, it shall and may be lawful for Thomas Whitmill, John Hill and John Heartt, who are hereby nominated and appointed commissioners, with full power and authority to lay out fifty acres of land, at the said place called Blackman's landing, for a town, by the name of Wimberly; and they, or the major part of them, are hereby directed and impowered, to lay out fifty acres of land at and adjoining the said landing, into lots of half an acres each, with convenient streets, and a place for a church, and market.

III. And be it further enacted, by the authority aforesaid, that when the commissioners as aforesaid, or the major part of them, have laid out the said town in the manner as aforesaid, every person whatsoever who is willing to be an inhabitant of the said town, shall have liberty to take up any lot or lots so laid out as aforesaid, and not before taken up which lot or lots the commissioners, or a majority of them, are hereby impowered and directed, to grant, convey, and acknowledge, by deed, to the person or persons so taking up the same, and his heirs and assigns, for ever, in fee-simple, upon payment of thirty shillings proclamation money.

IV. And be it further enacted, by the authority aforesaid, that Mr. Robert Hunter be, and he is hereby appointed treasurer and receiver of all such sum or sums of money which shall arise by the sale of the said lots, for the use of the said Joseph Wimberly, his heirs and assigns; and on the death or departure out of the government of the said Treasurer, the said Commissioners or the majority of them, shall appoint some other person in the place of the said treasurer.

V. And be it further enacted, by the authority aforesaid, that the treasurer hereafter appointed, and every treasurer that may be hereafter appointed by the commissioners as aforesaid, shall give security to the county court, that he shall and will account and pay in all the monies he shall receive by the sale of all and every the lot or lots that shall be sold in each year, on the twenty fifth day of March, yearly, to Mr. Joseph Wimberly, his heirs and assigns.

VI. Provided always, that if any lot or lots shall be granted and conveyed by the said commissioners to any person or persons whatsoever, who shall not within eighteen months, build a good substantial habitable framed or brick house, not of less dimensions than twenty feet in length, and sixteen feet wide, with a brick chimney, such grant or conveyance shall be void and #of none effect, as if the same had never been made; and the commissioners may grant and convey such lot or lots which shall not be built on within the time, and in the manner as is before directed, to any other person or persons applying for the same, and paying the money for the said lot or lots, as is in this act before directed, for the use of the said Joseph Wimberly, his heirs and assigns, as aforesaid.

Acts of the North Carolina General Assembly, 1755

North Carolina. General Assembly

September 25, 1755 - October 15, 1755

Volume 25, Pages 313-330

#LAWS OF NORTH CAROLINA--1755.

At a General Assembly, begun and held at New Bern, on the Twelfth Day of December, in the Year of our Lord One Thousand Seven Hundred and Fifty Four, and from thence continued, by several Prorogations, to the Twenty Fifth Day of September, in the Year of our Lord One Thousand Seven Hundred and Fifty Five: Being the Second Session of this Assembly. Arthur Dobbs, Esq., Governor.

CHAPTER III.

An Act for the Inspection of Pork, Beef, Rice, Indigo, Tar, Pitch, Turpentine, Staves, Headings, Shingles and Lumber.

[First two pages of manuscript original missing.]

* * * * And Shingles, to which Places all the said Commodities before sold or exported shall be brought, Examined & Inspected, acording to the Directions herein after mentioned, That is to say, … In Bertie County, at Salmon Creek, Maul's Farm, the Warehouses on Chowan River, Van Plett's, Vilocon Creek, Kathrine's Creek & Whitmil's on Sapho.

Acts of the North Carolina General Assembly, 1754 - 1755

North Carolina. General Assembly

December 12, 1754 - January 15, 1755

Volume 23, Pages 400-421

#LAWS OF NORTH CAROLINA, 1754.

At a General Assembly, begun and held at New Bern, on the Twelfth Day of December, in the year of our Lord One Thousand Seven Hundred and Fifty Four; being the First Session of this Assembly. Arthur Dobbs, Esq., Governor.

CHAPTER V.

An Act for granting an Aid to his Majesty, for the Defence of the Frontier of this Province and other Purposes.

I. And be it further Enacted, by the Authority aforesaid, That Thomas Barker, Esq., be, and he is hereby appointed Public Treasurer for the Counties of Currituck, Pasquotank, Perquimans, Chowan, Bertie, Tyrrel, Northampton, Edgecomb, Granville, and Orange; And that John Starkey, Esq., be, and he is hereby appointed Public Treasurer of the Counties of Beaufort, Hyde, Craven, Onslow, Carteret, New Hanover, Bladen, Anson, Duplin, Cumberland, Rowan, and Johnston: And the said Treasurers are hereby impowered and directed, to receive the Tax herein before laid, and to account for the same as is herein before directed; each of which said Treasurers shall, before he shall receive any Part, of the said Tax, give Bond, in the Sum of Two Thousand Pounds, to our Sovereign Lord the King, his Heirs and Successors; with condition that he will well and faithfully account and pay to the Assembly, when required, the Monies he shall receive, from Time to Time, by Virtue of this Act as herein directed; and all other such Sums as he shall at any Time hereafter receive, on account of Taxes laid for sinking the now current Bills of Credit.

#CHAPTER IX.

An Act to restrain the Exportation of bad and Unmerchantable Tobacco, and for preventing Frauds in his Majesty's Customs.

I. Whereas hitherto neglecting to prevent the Exportation of bad and Trash Tobacco, and the many frauds in deceiving his Majesty of his Customs has brought that part of the Trade of this Province into great Decay. …

XXVII. And be it further Enacted, by the Authority aforesaid, That Public Warehouses, for Inspection of Tobacco, pursuant to this Act, shall be kept at the several Places herein after mentioned; that is to say ….

In Bertie, upon Chowan River, on the Land of John Campbell, near Jackson's Ferry.

And upon Cushie [Cashie] River, on the Land of Thomas Whitmill, where the Warehouses formerly were. …

Acts of the North Carolina General Assembly, 1754 - 1755

North Carolina. General Assembly

December 12, 1754 - January 15, 1755

Volume 25, Pages 274-312

LAWS OF NORTH CAROLINA--1754.

At a General Assembly, begun and held at New Bern, on the Twelfth Day of December, in the Year of our Lord One Thousand Seven Hundred and Fifty Four: Being the Second session of this Assembly. Arthur Dobbs, Governor.

CHAPTER I.

An Act, for Establishing the Supreme Courts of Justice, Oyer and Terminer, and General Gaol Delivery of North Carolina.

I. Whereas, by Reason of the large Extent of this Province, the Attendance of Officers, Jurors, and Suitors, at the Supreme Court of Judicature, and Courts of Assize, as heretofore by Law established, is grievous and burdensome, and it is extremely difficult for the Officers to execute and return Writs and other Process, returnable to the said Courts; whereby great Delays are occasioned in Suits Prosecuted in the said Courts, and the Costs much increased: For Remedy whereof for the future; …

VI. And be it Enacted, by the Authority aforesaid, That the Times and Places for holding the said Supreme Courts of Justice, Oyer and Terminer, and General Gaol Delivery, shall be as follows; to wit, For the Counties of Craven, Carteret, Johnston, Beaufort, and Hyde, at New Bern, on the Third Tuesdays in March and September: Currituck, Pasquotank, Pequimons, Chowan, Bertie and Tyrell, at Edenton, on the Second Tuesdays in October and April: Northampton, Edgcomb, and Granville, at the Court-house in Enfield, on the First Tuesdays in November ana May: Orange, Rowan, and Anson, at the Court-house in Salisbury, on the Fourth Tuesdays in May and November: And New-Hanover, Bladen, Duplin, Onslow, and Cumberland, at Wilmington, on the Fourth Tuesdays in August and February; and shall continue to be held Ten natural Days each, exclusive of Sundays. …

XLVI. And be it further Enacted, That from and after the Ratification of this Act, a Tax of Six Pence Proclamation Money, per Poll, shall be annually levied on the taxable Persons within this Province, and collected by the Sheriffs of the respective Counties, at the Time all other Taxes are collected and paid, for and during the Space of Two Years, to be paid and applied in the Manner following: That is to say, All the Monies arising by the said Tax in the Counties of Craven, Carteret, Johnston, Beaufort, and Hyde, shall, by each Sheriff, be, at the usual Time, Annually accounted for, and paid to Mr. Wyriot Ormond, Mr. John Fonville, and Mr. William Herritage; to be by them, or the major Part of them, applied for and towards the erecting, at the Town of New Bern, an Office for the Preservation of the Records of the Supreme Court of those Counties, and a Prison for the same: And all Monies arising by the said Tax within the Counties of Bertie, Tyrell, Chowan, Perquimons, Pasquotank, and Currituck shall be paid to Mr. John Campbell, Mr. Thomas Barker, and Mr. Joseph Blount; to be by them, or the major Part of them, applied towards erecting at Edenton, an Office and Prison, for the Supreme Court of the said Counties:

CHAPTER IV.

An Act, for appointing Parishes and Vestries, for the Encouragement of an Orthodox Clergy, for the Advancement of the Protestant Religion, and for the Direction of the Settlement of Parish Accounts.

I. Whereas the present, as well as the future Happiness of Mankind, essentially depends on the Knowledge and Practice of true Religion; and a permanent and certain Provision for an Orthodox Clergy, may conduce to the Encouragement of pious and learned Ministers of the Gospel, to settle and reside in the several Parishes in this Province, to the Advancement of the Protestant Religion, and Encouragement of Vertue and Morality:

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That this Government be, and it is hereby divided into distinct Parishes, in the Manner following; That is to say, St. Paul's Parish, in Chowan County: Berkley Parish, in Perquimons County: St. John's Parish, on the South West Side of Pasquotank River, and St. Peter's Parish, on the North-East Side of Pasquotank River, in Pasquotank County: Currituck Parish, in Currituck County: Society Parish, in Bertie County; St. Andrew's Parish in Tyrell County: St. Thomas's Parish, in Beaufort County: St. George's Parish in Hyde County: North-West Parish, in Northampton County …

Acts of the North Carolina General Assembly, 1756

North Carolina. General Assembly

September 30, 1756 - October 26, 1756

Volume 25, Pages 331-344

LAWS OF NORTH CAROLINA--1756.

At a General Assembly begun and held at New Bern, on the Twelfth Day of December, in the Year of our Lord One Thousand Seven Hundred and Fifty Four, and from thence continued by several Prorogations, to the Thirtieth Day of September, in the Year of our Lord One Thousand Seven Hundred and Fifty Six, being the Third Session of this Assembly. Arthur Dobbs, Governor.

CHAPTER VIII.

An Act for Laying a Tax for repairing the Court House in Edenton.

I. Whereas, the Court House in Edenton whereat the Supreme Court for the Countys of Currituck, Pasquotank, Perquimons, Chowan, Bertie and Tyrril, is by Law Directed to be held, is in a ruinous Condition and great Decay; wherefore, that the same may be Decently repaired.

II. Be it Enacted, by the Governor, Council and Assembly, and by the Authority of the same, That a poll Tax of Eight pence per Taxable be laid on each Taxable person in the County of Chowan for two years next Ensuing, which Tax shall be Collected by the Sheriff of the said County, in the same manner and at such time as Publick Taxes are by Law Directed to be Collected, and by him Accounted for and paid to the Commissioners appointed for erecting an Office and Prison at Edenton, aforesaid; And shall be by them applied to the repairing the said Court House in a neat, Decent and Workmanlike manner.

III. And whereas, a Tax has been laid on the Countys of Currituck, Pasquotank, Perquimons, Chowan, Bertie and Tyrril, for Erecting an office and Prison in Edenton,

IV. Be it Enacted, by the Authority aforesaid, That if any Surplus shall remain after the said Office and Prison shall be Built, such Surplus shall be, with the Tax hereby laid, applied towards repairing the said Court House.

V. And be it further Enacted, by the Authority aforesaid, That the Commissioners aforesaid shall, with all Convenient speed, Cause the said Court House to be repaired as aforesaid, and on Oath, thereafter render an account of the Monies by them received by Virtue of this Act, together with that of their Disbursements, to the County Court of Chowan.

Acts of the North Carolina General Assembly, 1756

North Carolina. General Assembly

September 30, 1756 - October 26, 1756

Volume 23, Pages 440-474

#LAWS OF NORTH CAROLINA, 1756.

At a General Assembly, began and held at New Bern, on the Twelfth Day of December, in the Year of our Lord One Thousand Seven Hundred and Fifty Four; and from thence continued, by several Prorogations, to the Thirtieth Day of September, in the Year of our Lord One Thousand Seven Hundred and Fifty Six: Being the Third session of this Assembly. Arthur Dobbs, Esq., Governor.

CHAPTER IX.

An Act for re-establishing several Counties and Towns, and for other Purposes.

I. Whereas, his Majesty, by his Orders in his Privy Council, dated the Eighth Day of April, One Thousand Seven Hundred and Fifty Four, did repeal, declare void, and of none Effect, Twelve Acts passed at Sundry Times in this Province; which Acts are intituled, as follows, viz:

An Act appointing that Part of Albemarle County, lying on the West side of Chowan River, to be a Precinct, by the Name of Bertie Precinct, Passed in the Year 1722. …

An Act to confirm and erect that part of the Province called Edgecomb County into a County, by the Name of Edgecomb County, and for establishing the said County a Parish, and for ascertaining the Boundary Line between the North West and Society Parishes, in Bertie County, Passed in the Year 1741.

An Act for erecting the upper Part of Bertie County into a County, by the Name of Northampton County and for regulating the Limits between Society Parish and the North West Parish of Bertie, and for removing the seat of Bertie County Court, Passed in the Year 1741. …

CHAPTER XI.

An Act for establishing Public Roads and Ferries; and for the Better Regulation of the Same in Several Counties.

I. Be it Enacted, by the Governor, Council and Assembly, and by the Authority of the same, That all Roads and Ferries in the Counties of Currituck, Pasquotank, Perquimans, Chowan, Bertie, Tyrrel, Edgecomb, Northampton, and Granville, that have been laid out, or appointed by Virtue of any Act of Assembly heretofore made, or by Virtue of any Order of Court grounded thereon, are hereby declared to be Public Roads and Ferries; and that from Time to Time, and at all Times hereafter, the County Court of each of the said Counties, shall have full Power and Authority to appoint and Settle Ferries; and to order the laying out Public Roads, where necessary, and to appoint where Bridges shall be made, for the Use and Ease of the Inhabitants of each County and to discontinue such Roads as now are, or shall hereafter be made, as shall be found useless, and to alter Roads so as to make them more Useful, as often as Occasion shall require.

Acts of the North Carolina General Assembly, 1757

North Carolina. General Assembly

November 21, 1757 - December 14, 1757

Volume 23, Pages 476-482

#LAWS OF NORTH CAROLINA, 1757.

At a General Assembly begun and held at New Bern, on the Twelfth Day of December, in the Year of our Lord One Thousand Seven Hundred and Fifty Four, and from thence continued, by several Prorogations, to the Twenty First Day of November, in the Year of our Lord One Thousand Seven Hundred and Fifty Seven: Being the Fifth Session of this Assembly. Arthur Dobbs, Esq., Governor.

CHAPTER III.

An Act for further amending an Act intituled An Act for amending the Staple of Tobacco, and preventing Frauds in his Majesty's Customs.

I. Whereas the Provision made by one Act of Assembly made in the Twenty Eighth Year of his Present Majesty's Reign, intituled, An Act for amending the Staple of Tobacco, and preventing Frauds in his Majesty's Customs, hath not proved sufficient to prevent the pernicious Practice of exporting bad and unmerchantable Tobacco. …

XII. And whereas Merchants and others have suffered greatly in the Counties of Edgecomb, Northampton, and Bertie, from having Tobacco weighed with Steelyards; Be it Enacted by the Authority aforesaid, That the Justices of the said Counties shall, at the expence of their respective Counties, cause Scales and Weights to be bought, for the Use of such Warehouses as are not already supplied therewith; and the Inspectors shall not, after they shall be furnished with the same, presume to weigh Tobacco with Steelyards.

Acts of the North Carolina General Assembly, 1758

North Carolina. General Assembly

November 23, 1758 - December 23, 1758

Volume 25, Pages 370-390

LAWS OF NORTH CAROLINA—1758.

At a General Assembly, begun and held at New Bern, on the Twelfth Day of December, in the Year of our Lord One Thousand Seven Hundred and Fifty-four, and from thence continued, by several Prorogations, to the Twenty-third Day of November, in the Year of our Lord One Thousand Seven Hundred and Fifty-eight, then held at Edenton: being the Seventh Session of this Assembly. Arthur Dobbs, Esq., Governor.

CHAPTER IV.

An Act to Regulate the Inspection of Pork, Beef, Rice, Flour, Butter, Indico, Tar, Pitch, Turpentine, Staves, Heading, Shingles, Lumber and Deer-Skins.

I. Be it therefore Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That from and after the passing of this Act, no Pork, Beef, Rice, Flour, Butter, Tar, Pitch, Turpentine, Staves, Heading, Shingles, Lumber and Deer-Skins, shall be exposed to Sale for Exportation, or any Indico paid in Discharge of Taxes, until the same shall be duly inspected, under the Regulation herein after expressed; and the Justices of every County Court within this Province, are hereby authorized and required, at the first or second Court to be held in each County, after the first Day of January, yearly, to nominate and appoint, in open Court, one or more, not exceeding Four, fit and proper Persons, residing in the said County, to inspect the Package and Weight of all such Pork, Beef, Rice, Flour, Butter and Indico; and also to inspect the filling of all Tar and Pitch; and to guage and inspect all Turpentine, Staves, Heading, Shingles and Deer Skins, within their respective Counties; and every Inspector so appointed, shall, before he enters upon or executes his Office, enter into Bond, with two or more good and sufficient Securities, in the Penalty of Five Hundred Pounds, Proclamation Money, for the true and faithful Discharge of his Office, according to the Directions of this Act; Which Bond and Securities, every such Court, respectively, is hereby impowered and required to demand, take, and cause to be acknowledged before them in open Court, and recorded; which Bond shall be made payable to the Governor or Commander-in-Chief, and his Successors, and shall be in Force for the Term of Three Years after such Inspector shall be out of Office; and that in the Name of the Governor or Commander in Chief, or his Successors, any Person or Persons injured, may and shall, at his, her, or their Costs and Charges, commence and prosecute a Suit or Suits on such Bond, against the Parties therein bound, their Executors or Administrators, and shall and may recover all Damages which he, she or they, may have sustained, by Reason of the Breach of the Condition thereof; and the same shall not become void upon the first Recovery, or if Judgment shall be given against any Plaintiff or Plaintiffs who shall sue on such Bonds, but may be put in Suit, and prosecuted, from Time to Time, for the Benefit of the Party or Parties injured, and the whole Penalty expressed in such Bond shall be recovered. …

IV. And be it further Enacted, by the Authority aforesaid, That the Places and Landings herein after mentioned, shall be, and are hereby appointed, for the Inspection of Tar, Pitch, Turpentine, Staves, Heading and Shingles; to which Places all of the said Commodities, beforesold or exported, shall be brought, examined and inspected, acording to the Directionshereinafter mentioned that is to say, … In Bertie County, at Salmon Creek, Maul's-Haven, the Warehouses on Chowan River, Van Pelt's, Wicocon Creek, Catharine's Creek, and Cashie River.

Acts of the North Carolina General Assembly, 1758

North Carolina. General Assembly

November 23, 1758 - December 23, 1758

Volume 23, Pages 485-501

#LAWS OF NORTH CAROLINA, 1758.

At a General Assembly began and held at New Bern, on the Twelfth Day of December, in the Year of our Lord One Thousand Seven Hundred and Fifty Four; and from thence continued, by several prorogations, to the Twenty Third Day of November, in the Year of our Lord One Thousand Seven Hundred and Fifty Eight, then held at Edenton: Being the Seventh Session of this Assembly. Arthur Dobbs, Esq., Governor.

CHAPTER XV.

An Act for dividing the Parish of North West.

I. Whereas by reason of the great length of the Parish of North West, in the County of Northampton, it is extremely difficult for the Minister to discharge the duty of his Function; and many Inconveniences attend the Parishioners thereof:

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That from and immediately after the first Day #of January next, the said Parish of North West be divided into Two distinct Parishes; from Bertie County Line, by Poticatia Swamp, to the Head Branch thereof; and from thence a direct Course, to the County Line, where the same crosses Jack Swamp, and that all that part of the said Parish which lies North West of the said Bounds, shall, forever hereafter, remain, be called, and retain the name of the Parish of the North West; and that all that other Part of the said Parish, which lies Southward of the said Bounds, shall hereafter be a distinct Parish, and called and known by the name of the Parish of St. George.

Acts of the North Carolina General Assembly, 1760

North Carolina. General Assembly

April 24, 1760 - May 23, 1760

Volume 25, Pages 405-432

LAWS OF NORTH CAROLINA—1760.

At an Assembly, begun and held at New Bern, the Twenty-fourth Day of April, in the Thirty-third Year of the Reign of our Sovereign Lord George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, &c., and in the Year of our Lord One Thousand Seven Hundred and Sixty: Being the First Session of this present Assembly. Arthur Dobbs, Esq., Governor.

CHAPTER I.

An Act to establish Inferior Courts of Pleas and Quarter Sessions in the Several Counties in this Province.

I. Whereas, the establishment of Inferior Courts for the Tryals of Causes and punishing offenders under proper Limitations and Restrictions would be of great service and General Utility in the several Counties within this Province,

II. Be it Enacted by the Governor, Council and Assembly and by the Authority of the same, That in every County of this Province a Court Quarterly in every Year shall be held by the Justices thereof at the several respective places already assigned for that purpose or at such place or places as shall be hereafter Lawfully appointed upon the Days hereinafter limited for each County respectively, which Courts shall be called Inferior Courts of Pleas and Quarter Sessions and taken and held to be Courts of Record. …

IV. And be it further Enacted, by the Authority aforesaid, That the said Inferior Courts of Pleas and Quarter Sessions shall be constantly held upon the Days hereafter specified for every County respectively, that is to say, For the county of … Bertie on the second Tuesday in January, April, July and October.

CHAPTER III.

An Act Directing the Method of appointing Jurymen in all Causes, Criminal and Civil.

I. Whereas, a just Decision of suits and Controversies in the several Courts of Justice in this Province greatly depend on the integrity and Capacity of Jury Men; …

III. And be it further Enacted, That the number of Freeholders to be nominated for each County to serve as Jurors as aforesaid, shall be proportioned as follows, to-wit: …

Chowan County Ten, Perquimans County Six, Beaufort County Eight, Currituck County four, Tyrrell County six, Bertie County Eight, and Hertford County Six, for the District of Edenton.

Acts of the North Carolina General Assembly, 1759 - 1760

North Carolina. General Assembly

November 20, 1759 - January 09, 1760

Volume 23, Pages 503-509

#LAWS OF NORTH CAROLINA, 1759.

At a General Assembly, begun and held at New Bern, on the Twelfth Day of December, in the Year of our Lord One Thousand Seven Hundred and Fifty Four, and from thence continued, by several Prorogations, to the Twentieth Day of November, in the Year of our Lord One Thousand Seven Hundred and Fifty Nine, then held at Wilmington: Being the Ninth Session of this Assembly. Arthur Dobbs, Esq., Governor.

CHAPTER IV.

An Act for erecting Part of the Counties of Chowan, Bertie, and Northampton, into a County and Parish.

I. Whereas the large Extent of the Counties of Chowan, Bertie and Northampton, renders it grievous and burthensome to many of the Inhabitants thereof to attend the Courts of Justice, and other Public Meetings appointed therein: For Remedy whereof,

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That from and after the First Day of May next the said Counties be divided as follows, to-wit, Beginning in Bertie County, at the first high Land on the North West Side of Mare Branch, on Chowan River Pocoson; running thence by a direct Line to Thomas Outlaw's Plantation, near Stoney Creek; thence by a direct Line to Northampton County Line, at the Plantation whereon James Rutland formerly lived; then along Northampton County Line to the Head of Beaver Dam Swamp; thence by a direct line to the Eastermost Part of Kerby's Creek; thence down the Creek to Meherrin River; then up Meherrin River to the Virginia Line; then Easterly along the Virginia Line to Bennet's Creek; then down Bennet's Creek to Chowan River; then across the River to the Mouth of the said Mare Branch; and up the Branch to the Beginning: And all that Part of the said Counties included within the said Bounds be thenceforth erected into a distinct County and Parish, and called and known by the Name of Hertford County, and Parish of St. Barnabas.#

III. And be it further Enacted by the Authority aforesaid, That John Edwards, John Brown, and John Baker, Esquires, be appointed Commissioners; and they or any Two of them, are hereby impowered and directed to run the said dividing Lines between the said Counties, agreeable to the Directions in this Act before mentioned, and to return a fair Plan thereof to the Court of the said County of Hertford.

IV. And for the due Administration of Justice, Be it Enacted by the Authority aforesaid, That after the aforesaid First Day of May, a Court for the said County of Hertford be constantly held by the Justices thereof at Cotton's Ferry, on the South Side of Chowan River, upon the Fourth Tuesdays in May, August, November, and February, in each and every Year, as by the Laws of this Province is provided, and shall be by Commission to the Justices of the said County directed.

V. And be it further Enacted, by the Authority aforesaid, That from and after the passing of this Act all that Part of the Parish of North West as shall lie to the Westward of the aforesaid Counties of Bertie and Hertford, shall be added to, and united and consolidated with, the Parish of St. George in the said County of Northampton, and shall remain one entire Parish and be called and known by the Name the Parish of St. George.

VI. And be it further Enacted, by the Authority aforesaid, that nothing herein contained shall be construed to debar the Sheriffs of the Counties of Chowan, Bertie, and Northampton, as they respectively now stand undivided, to make Distress for any Levies, Fees, or other Dues, that shall be Due from the Inhabitants of the said Counties on the said First Day of May, in the same Manner as by Law the said Sheriffs might or could have done if the said Counties had remained undivided; and the said Levies, Fees, and other Dues, shall be collected and accounted for in the same Manner as if this Act had never been made; any Thing herein contained, to the contrary, notwithstanding.

VII. And be it further Enacted, by the Authority aforesaid, That all Sums of Money which shall be owing, due, and belonging to the said Parish of North West, at the passing of this Act, shall be paid and satisfied to the Vestry of the Parish of St. George; and the said Parish of St. George shall stand chargeable to every Person and Persons whatsoever for all Demands they may respectively have on the said Parish of North West, at the Time aforesaid.

VIII. And be it further Enacted, by the Authority aforesaid, That after the said First Day of May, the said County of Hertford shall be, continue, and remain Part of the District of Edenton: And the Sheriff of the said County of Hertford shall, from Time to Time, account for, and pay to the Public Treasurer of the Northern District for the Time being, all Public Levies by him collected, or wherewith he shall stand chargeable, in the same Manner and under the like Pains and Penalties, as other Sheriffs.

IX. Provided always, That nothing herein contained shall be construed, deemed or taken, to alter or derogate from the Rights and Royal prerogative of his Majesty, his Heirs and Successors, of granting Letters of Incorporation to the said County, and of ordering, appointing, and directing the Election of a Member or Members to represent them in Assembly, and of granting Markets and Fairs to be kept and held in the said County; but that the said Right and Prerogative shall and may at all Times hereafter, be exercised therein by his Majesty, his Heirs or Successors, in as full and ample Manner to all Intents and Purposes whatsoever, as if this Act had never been made.

Acts of the North Carolina General Assembly, 1760

North Carolina. General Assembly

May 26, 1760 - May 27, 1760

Volume 25, Pages 433-449

#LAWS OF NORTH CAROLINA--1760.

At an Assembly, begun and held at New Bern, the Twenty-fourth Day of April, in the Thirty-third Year of the Reign of our Sovereign Lord George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, &c., and from thence continued, by Prorogation, to the Twenty-Sixth Day of May in the Year of our Lord One Thousand Seven Hundred and Sixty: Being the Second Session of this present Assembly. Arthur Dobbs, Esq., Governor.

CHAPTER I.

An Act, for establishing Superior Courts of Pleas and Grand Sessions, and Regulating the Proceedings therein.

I. Whereas, from the extensive Settlements in this Province, it is become greatly inconvenient, and extremely burthensome, for Suitors to attend the General Court at Edenton, or at any one Place within the same; and the Difficulty of procuring the Attendance of Witnesses from Distant and remote Parts, may, in that Case, render ineffectual the Prosecution of the greatest Offenders against his Majesty's Peace and Government. …

XVII. And be it Enacted, by the Authority aforesaid, That the Superior Courts of Pleas and Grand Sessions, shall, annually, be held for several Districts in this Province, at the following Times and Places; that is to say, For the District of Edenton, at the Town of Edenton; for the Counties of Chowan, Perquimons, Pasquotank, Currituck, Bertie, Tyrrel, and Hertford, on the Twentieth Day of May and November.

Acts of the North Carolina General Assembly, 1762

North Carolina. General Assembly

November 03, 1762 - December 11, 1762

Volume 23, Pages 550-595

#LAWS OF NORTH CAROLINA, 1762.

At an Assembly, begun and held at New Bern, the Third Day of November, in the Third Year of the Reign of our Sovereign Lord George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c., and in the Year of our Lord One Thousand Seven Hundred and Sixty Two; being the First Session of this present Assembly. Arthur Arthur Dobbs, Esq., Governor.

CHAPTER I.

An Act for dividing this Province into Five several Districts, and for establishing a Superior Court of Justice in each of the said Districts, and regulating the Proceedings therein. …

I. Whereas the establishing Superior Courts of Justice within this Province will be productive of much Ease to the Inhabitants thereof, and greatly tend to the due and regular Administration of Justice, and the Punishment of Offenders against his Majesty's Peace and Government.

XIV. And be it Enacted by the Authority aforesaid, That the Superior Courts of Justice, shall annually be held for the several Districts in this Province, at the following Times and Places; that is to say, For the District of Edenton, at the Town of Edenton, for the Counties of Chowan, Perquimons, Pasquotank, Currituck, Bertie, Tyrel, and Hertford, on the Twentieth Day of May and November.

CHAPTER II.

An Act to establish Inferior Courts of Pleas and Quarter Sessions in the Several Counties in this Province.

I. Whereas the Establishment of Inferior Courts for the Tryal of Causes, and punishing Offenders, under proper Limitations and Restrictions, would be of great Service, and general Utility, in the several Counties within this Province: …

IV. And be it further Enacted, by the Authority aforesaid, That the said Inferior Courts of Pleas and Quarter Sessions shall be constantly held upon the Days hereafter specified for every County respectively, that is to say; For the County of Bertie on the last Tuesday in February, May, August and November.

CHAPTER IV.

An Act directing the Method of appointing Jurymen in all Causes, criminal and Civil.

I. Whereas a just Decision of Suits and Controversies in the several Courts of Justice in this Province, greatly depend on the Integrity and Capacity of Jurymen; …

IV. And be it further Enacted, That the Number of Freeholders to be nominated for each County to serve as Jurors as aforesaid, shall be proportioned as follows, to-wit: … Bertie County, Eight; …

Acts of the North Carolina General Assembly, 1764

North Carolina. General Assembly

February 03, 1764 - March 10, 1764

Volume 23, Pages 596-631

#LAWS OF NORTH CAROLINA, 1764.

At an Assembly, begun and held at Wilmington, the Thirtieth Day of January, in the Fifth Year of the Reign of our Sovereign Lord George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c., and in the Year of our Lord One Thousand Seven Hundred and Sixty Four; Being the First Session of this present Assembly. Arthur Dobbs, Esq., Governor.

CHAPTER X.

An Act for appointing Public Treasurers.

I. Whereas, it is highly expedient that Public Treasurers be appointed for the Southern and Northern Districts of this Province, who may be authorized and impowered to receive the Public Taxes which now are, or hereafter may become due from the Sheriffs of the respective Counties within the said Districts respectively.

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That John Starkey, Esq., be, and is hereby appointed Public Treasurer for the Counties of Anson, Beaufort, Bladen, Brunswick, Craven, Carteret, Cumberland, Duplin, Dobbs, Hide, Johnston, Mecklenburg, New Hanover, Onslow, Pitt, and Rowan; and that Joseph Montfort, Esq., be, and [GT Note: No name here] hereby appointed Public Treasurer for the Counties of Currituck, Pasquotank, Perquimans, Chowan, Bertie, Tyrrell, Northampton, Edgecomb, Granville, Orange, Hertford, Bute, and Halifax; …

Acts of the North Carolina General Assembly, 1764

North Carolina. General Assembly

October 25, 1764 - November 27, 1764

Volume 23, Pages 632-659

#LAWS OF NORTH CAROLINA, 1764.

At an Assembly, begun and held at Wilmington, the Thirtieth Day of January, in the Fifth Year of the Reign of our Sovereign Lord, George the Third, by the Grace of God, of Great Britain, France and Ireland, King, Defender of the Faith, &c., and from thence continued, by prorogation to the Twenty Fifth Day of October in the Year of our Lord One Thousand Seven Hundred and Sixty Four: Being the Second Session of this present Assembly. Arthur Dobbs, Governor.

CHAPTER II.

An Act to amend and continue an Act, intituled, An Act to establish Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province.

I. Whereas the several Days appointed by the aforesaid Act, for holding the Inferior Courts of the Counties of Halifax, Northampton, Bertie, and Carteret, have been found inconvenient for those whose Business it is to attend such Courts: For Remedy whereof,

II. Be it Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That from and after the First Day of December next, the Inferior Courts of Pleas and Quarter Sessions for the aforesaid several Counties, shall be held on the days following, instead of the Days heretofore appointed for holding such Courts; to-wit, Halifax, on the First Tuesday in January, April, July and October. Edgecomb, on the second Tuesday in January, April, July, and October. Bute on the last Tuesday in January, April, July, and October. Granville on the First Tuesday in February, May, August and November. Orange and Northampton, on the second Tuesday in February, May, August and November. Bertie on the Fourth Tuesday in March, June, September, and December. Carteret on the Third Tuesday in March, June, September, and December in every year.

CHAPTER V.

An Act to prevent the Exportation of Unmerchantable Commodities.

I. Be it Enacted by the Governor, Council and Assembly, and by the Authority of the same, That from and after the Time Inspectors are to be appointed by Virtue of this Act, no Hemp, Flax, Flax Seed, Pork, Beef, Rice, Flour, Butter, Tar, Pitch, Turpentine, Staves, Heading, Shingles, Lumber, Tanned Leather or Deer Skins shall be exposed to Sale for Exportation, or any indigo paid in Discharge of Taxes, until the same shall be duly Inspected, under the Regulations hereinafter expressed; and the Justices of the Inferior Court in every County within this Province are hereby Authorized and required at the first or Second Court to be held in each County, after the passing of this Act, and on the First Court in each County respectively, which shall be held next after the First Day of January in each Succeeding Year, to nominate and appoint in open Court, One or more Fit or proper Person or Persons, residing in the said County, to attend at such Times and Places as are by this Act appointed and directed, (except at Wilmington in New Hanover County, where there shall be Two Inspectors and no more) to inspect all such Hemp, Flax, Flax Seed, Pork, Beef, Rice, Flour, Butter, Indigo, Tar, Pitch, Turpentine, Staves, Heading, Shingles, Lumber, and Deer Skins, within the respective Counties according to the Directions of this #Act; And every Inspector so appointed Shall, before he enters upon or executes his Office, enter into Bond, with Two or more Good or Sufficient Securities, in the Penalty of Five Hundred Pounds, Proclamation Money, for the True and Faithful Discharge of his Office, according to the Directions of this Act (which Bond and Securities every such Court respectively is hereby impowered and required to demand, take and Cause to be acknowledged before them in open Court and recorded; which Bond shall be made payable to the Governor, or Commander in Chief for the Time Being, and shall be in Force for the Term of Three Years after such Inspector shall be put out of Office; and that in the Name of the Governor, or Commander in Chief for the Time Being, any Person or Persons injured may and shall, at his, her, or their Costs and Charges, commence and prosecute a Suit or Suits on such Bond, against the Parties therein Bound, their Executors or Administrators, and shall and may recover all Damages, which he, she, or they, may have sustained, by Reason of the Breach of the Condition thereof; and the said Bonds shall not become void from the first recovery, or if judgment shall be given against any plaintiff or plaintiffs who shall sue on such Bond, but may be put in Suit and prosecuted from Time to Time, for the Benefit of the Party or Parties Injured, until the whole Penalty expressed in such Bond shall be recovered. Provided always, That if any Verdict or Judgment shall pass for such Inspector, or his Security, the Person or Persons at whose Instance such Suit shall be prosecuted, shall pay double Costs. And every such Inspector shall also take the following Oath; to-wit: …

III. And be it further Enacted, by the Authority aforesaid, That the Places and Landings hereafter mentioned shall be, and are hereby appointed for the inspection of Hemp, Flax, Flax Seed, Pork, Beef, Rice, Flour, Indigo, Butter, Tar, Pitch, and Turpentine, Staves, Heading, Lumber, and Shingles; to which Places all of the said Commodities, before sold or exported, shall be brought, examined and inspected, according to the Directions hereinafter mentioned; That is to say In Bertie County, at Salmon Creek, Maul's Haven on Roanoke River, at William Gray's Landing, and at Cushie [Cashie] River. …

Acts of the North Carolina General Assembly, 1765

North Carolina. General Assembly

May 03, 1765 - May 18, 1765

Volume 25, Pages 491-493

#LAWS OF NORTH CAROLINA--1765.

At an Assembly, begun and held at Wilmington, the Third Day of February, in the Fourth Year of the Reign of our Sovereign Lord George the Third, by the Grace of God, of Great-Britain, France, and Ireland, King, Defender of the Faith, &c., and in the Year of our Lord One Thousand Seven Hundred and Sixty-Four; and from thence continued by several Prorogations, to the Third Day of May, in the Fifth Year of the Reign of our said Sovereign Lord George the Third, &c., and in the Year of our Lord One Thousand Seven Hundred and Sixty-five; to be then held at New Bern: Being the Third Session of this Present Assembly. Arthur Dobbs, Esq., Governor.

CHAPTER III.

An Act confirming the Title of William Dry, Esquire, to certain lands therein Mentioned.

I. Whereas, George Pollock, late of Bertie County, Esquire, deceased, in his life time, to-wit: On the Twenty Second Day of April, in the Year One Thousand Seven Hundred and Sixty Two, did make and Execute to the said William Dry, Esquire, a certain Writing Obligatory, binding himself, his Heirs, Executors and Administrators, in the Sum of Two Thousand Pounds Proclamation Money, with condition, that the said George Pollock, should well and truly make and convey to the said William Dry, Esquire, his Heirs and Assigns, a good and sufficient Estate in Fee-simple, of, in, and to a certain Tract or Parcel of Land containing about Nine Hundred Acres, lying and being in Craven County, and is Part of, and adjoining the Town of New Bern, being the Tract of Land formerly granted to Daniel Richardson, by Patent, by the late Lords Proprietors, bearing Date the Twelfth Day of January, in the Year One Thousand Seven Hundred and Thirteen-Fourteen, (on Record in the Secretary's Office of this Province, Reference being thereunto had, may more fully appear) and by him the said Daniel sold and conveyed to Thomas Pollock, Esquire, Grand-Father of the said George Pollock; and ….

Acts of the North Carolina General Assembly, 1766

North Carolina. General Assembly

November 03, 1766 - December 02, 1766

Volume 25, Pages 494-509

LAWS OF NORTH CAROLINA--1766.

At an Assembly, begun and held at New Bern, the Third Day of November, in the Seventh Year of the Reign of our Sovereign Lord George the Third, by the Grace of God, Great-Britain, France, and Ireland, King, Defender of the Faith, &c., and in the Year of our Lord One Thousand Seven Hundred and Sixty-six: Being the First Session of this present Assembly. William Tryon, Esq., Governor.

CHAPTER XXIX.

An Act for confirming a lease made by the Tuscarora Indians to Robert Jones, jun., William Williams and Thomas Pugh, Esquires.

I. Whereas, a number of the Tuscarora Indians, being desirous of moving themselves from their lands on Roanoke river, in Bertie county, in this province, and settling and incorporating themselves with the nations of Indians on the River Susquehannah; and whereas, the said Tuscarora Indians, in order to defray the expence of removing themselves and their effects from this province to the settlements on the river Susquehannah, did, on the twelfth day of July, in the year one thousand seven hundred and fifty-six, for the consideration of fifteen hundred pounds, proclamation money, before that time paid and advanced to them, the said Tuscarora Indians, by the said Robert Jones, William Williams and Thomas Pugh, by an indenture under the hands and seals of James Allen, John Wiggins, Billy George, Snip Nose George, Billy Cain, Charles Cornelius, Thomas Blount, John Rogers, George Blount, Wineoak Charles, Billy Basket, Billy Owen, Lewis Tuffdick, Isaac Miller, Harry, Samuel Bridgers, Thomas Seneca, Thomas Howit, Billy Sockey, Billy Cornelius, John Seneca, Thomas Basket, John Cain, Billy Dennis, William Taylor, Owens, John Walker, Billy Mitchell, Billy Netop, Billy Blount, Tom Jack, John Lightwood, Billy Roberts, James Mitchell, Captain Joe and William Pugh, chieftains and headmen of the said nation of Tuscarora Indians, for and on behalf of themselves and the rest of the Indians of the said Tuscarora nation, on the one part, and the said Robert Jones, William Williams and Thomas Pugh, of the other part, did demise, grant and to farm let, a certain dividend of land, situate and lying on Roanoke river, in the county aforesaid, containing about eight thousand acres, be the same more or less, and bounded as follows, to-wit: Beginning at the mouth of Deep creek, otherwise called Falling run, thence running up the said creek to the Indian head line; hence by the said line south fifty seven degrees east one thousand two hundred and eighty poles; thence a course parallell with the general current of the said creek to Roanoke river aforesaid, and up the river to the beginning; together with all trees, timber trees, woods, underwoods, ways, waters and appurtenances whatsoever, to the said dividend, tract or parcel of land belonging or in any wise appertaining; to have and to hold the said dividend, tract or parcel of land, with all and singular the appurtenances unto the said Robert Jones, William Williams and Thomas Pugh, their executors, administrators or assigns, without impeachment of waste, to be by the said Robert Jones, William Williams and Thomas Pugh, respectively, their executors, administrators and assigns, held and enjoyed in severalty; that is to say, one third part of the said dividend, tract or parcel of land, into three equal parts to be divided, unto the said Robert Jones, his executors, administrators and assigns; one other third part thereof, the same into three equal parts to be divided, unto the said William Williams, his executors, administrators and assigns; the remaining third part thereof, the same into three equal parts to be divided, unto the said Thomas Pugh, his executors, administrators and assigns; from the said twelfth day of July, in the year aforesaid, for and during the term of one hundred and fifty years from thence next ensuing, and fully to be compleated and ended, the said Robert Jones, William Williams and Thomas Pugh, their executors, administrators and assigns, yielding and paying therefor yearly, and every year during the said term, to the said Tuscarora Indians and their assigns one pepper corn, if demanded, at or upon feast of St. Michael the archangel.

II. And whereas, the said nation of Tuscarora Indians are desirous that the indenture of the lease made between the said James Allen, John Wiggins, Billy George, Snip Nose George, Billy Cain, Charles Cornelius, Thomas Blount, John Rogers, George Blount, Wineoak Charles, Billy Basket, Billy Owen, Lewis Tuffdick, Isaac Miller, Harry, Samuel Bridgers, Thomas Seneca, Thomas Howit, Billy Socket, Billy Cornelius, John Seneca, Thomas Basket, John Cain, Billy Dennis, William Taylor, Owens, John Walker, Billy Mitchell, Billy Netop, Billy Blount, Tom Jack, John Lightwood, Billy Roberts, James Mitchell, Captain Joe and William Pugh, Chieftains and headmen of the said nation of Tuscarora Indians, and the said Robert Jones, William Williams and Thomas Pugh, should have the force and validity of the Assembly; and that it shall be lawful for the said Robert Jones, William Williams and Thomas Pugh, their executors, administrators and assigns, to enter upon, occupy, possess and enjoy the said dividend, tract or parcel of land, demised as aforesaid, without let, hindrance or molestation of any person or persons whatsoever, and without incurring any penalties whatsoever by reason of their so entering upon, occupying, possessing and enjoying the said tract or parcel of land, without impeachment for waste.

III. And whereas, the said Robert Jones, since the said twelfth day of July, in the year aforesaid, hath departed this life, having first made his last will and testament, and therein and thereby bequeathed his proportion and share of the said tract or parcel of land, demised as before said, unto his sons Allen Jones and Willie Jones, their executors, administrators, and assigns;

IV. Be it therefore Enacted by the Governor, Council and Assembly, and by the Authority of the same, and it is hereby Enacted, That the said indenture of the demise is hereby ratified and confirmed; and that it shall and may be lawful for the said Allen Jones and Willie Jones, in right of the said Robert Jones, the said William Williams, and Thomas Pugh, their executors, administrators, and assigns, to enter upon, occupy, possess, and enjoy the said dividend, tract or parcel of land, according to the form and effect of the said indenture of the demise; that is to say, that it shall and may be lawful for the said Allen and Willie Jones, their executors, administrators, and assigns, to enter upon, occupy, possess, and enjoy, one third part of the said dividend, tract or parcel of land, the same to be divided into three equal parts, for, and during the term aforesaid; the said William Williams, his executors, administrators and assigns, to enter upon, occupy, possess, and enjoy, one third part thereof, the same into three equal parts to be divided, for and during the term aforesaid; and the said Thomas Pugh, his executors, administrators and assigns to enter upon, occupy, possess, and enjoy, the remaining third part thereof, for and during the term aforesaid.

V. And be it further Enacted, by the Authority aforesaid, That the said Allen Jones, Willie Jones, William Williams, and Thomas Pugh, their executors, administrators, and assigns, are hereby exempted from the penalties of an Act of Assembly, passed at New Bern the fifteenth day of October in the year of our Lord One Thousand Seven Hundred and Forty-eight, intituled, An Act for ascertaining the bound of a certain tract of land formerly laid out by treaty for the use of the Tuscarora Indians, so long as they or any of them shall occupy or have the same and to prevent any other person or persons taking up land, or settling within the said bounds by pretence of any purchase or purchases made or that shall be made from the said Indians; and that shall and may be lawful for the said Allen Jones and Willie Jones, William Williams, and Thomas Pugh, their executors, administrators, and assigns, to occupy, possess and enjoy, the said dividend, tract or parcel of land demised as aforesaid, during the term aforesaid, without impeachment of waste, and without the let, molestation, or hindrance, of any person or persons whatsoever.

VI. Provided always, and be it Enacted, by the Authority aforesaid, That nothing herein contained shall be construed as to invalidate the title or titles of any person or persons who have obtained in a grant or grants for any tract or parcel of land within the limits or boundaries of the lands of the said Tuscarora Indians, before the fifteenth day of October, one thousand seven hundred and forty eight.

VII. Provided also, and it is hereby Enacted, by the authority aforesaid, That the said Allen Jones, Willie Jones, William Williams, and Thomas Pugh, their executors, administrators, and assigns, shall yearly and each year, during the term aforesaid, on the twenty first day of March pay the right honourable Earl of Granville, his heirs and assigns, a quit rent of four shillings, Proclamation Money, for every hundred acres of land contained within the limits or boundaries of the lands demised as aforesaid: and in case the said quit rents shall be in arrear at any time within the term aforesaid, that then it shall and may be lawful for the Earl of Granville, his heirs and assigns, to sue for and recover all such arrearages of rent, of and from the said Allen Jones, Willie Jones, William Williams, and Thomas Pugh, their executors, administrators and assigns, by all lawful ways and means whatsoever.

Acts of the North Carolina General Assembly, 1766

North Carolina. General Assembly

November 03, 1766 - December 02, 1766

Volume 23, Pages 664-687

#LAWS OF NORTH CAROLINA, 1766.

At an Assembly, begun and held at New Bern the Third Day of November, in the Seventh Year of the Reign of our Sovereign Lord George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c., and in the Year of our Lord One Thousand Seven Hundred and Sixty Six: Being the First Session of this present Assembly. William Tryon, Esq., Governor.

CHAPTER XXIV.

An Act for erecting a Court House and Prison, for the Use of the District of Edenton.

I. Whereas it is necessary that a new Court House and Prison should be built for the Use of the District of Edenton;

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That Mr. Cullen Pollock, Mr. Joseph Hewes, Mr. Thomas Nash, Mr. Edward Vail, and Mr. William Lowther, be, and are hereby nominated and appointed Trustees and Directors, for building and erecting a good and convenient Court House, and sufficient Prison, for the Use of the District aforesaid; and for that Purpose, to contract and agree with proper Persons for compleating and Finishing the said Court House and Prison, in such Manner as they shall think necessary and Convenient.

III. And be it further Enacted, by the Authority aforesaid, That a Poll Tax of One Shilling be levied on each Taxable Person within the County of Chowan, and of Four Pence on each taxable Person within the Counties of Currituck, Pasquotank, Perquimons, Bertie, Tyrrel, and Hertford; to be collected for the present and next succeeding Years, by the Sheriffs of the said Counties respectively, and accounted for and paid to the said Trustees and Directors, at the same time, in the same manner, and under the like Penalties as is by Law directed for collecting, accounting for, and paying Public taxes.

Acts of the North Carolina General Assembly, 1767 - 1768

North Carolina. General Assembly

December 05, 1767 - January 16, 1768

Volume 23, Pages 688-758

CHAPTER XXVI.

An Act for establishing a town on the Land of William Gray, on Cushie [Cashie] River, in Bertie County

I. Whereas it hath been represented to this Assembly that the Land of William Gray, lying on the South Side of Cushie [Cashie] River, at a Place known by the Name of Gray's Landing, in Bertie County, is a Pleasant and Healthy Situation, and commodious for Trade and Commerce; and the said William Gray having acknowledged his free consent to have One Hundred Acres of the said land laid off for a Town, which will greatly promote the Trade and Navigation of the said River:

II. Be it therefore Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That the said One Hundred Acres of land, beginning at a Stake by a small Branch on the River Side, and running thence North Forty Two Degrees West One Hundred and Sixty-Eight Poles; thence North Twenty One Degrees East Forty Poles; then North Sixty Five Degrees East One Hundred and Twenty Two Poles, to the centre of a Hickory, White Oak and Maple, on the said River Side; and then down the Meanders of the said River to the Beginning; laid off in Lots and Streets, with Part thereof for a Common, according to a Plan laid before this Assembly, be, and the same is hereby Constituted, erected, and established a Town, and shall be called by the Name of Windsor.

III. And be it further Enacted by the Authority aforesaid, That from and after the Passing of this Act, Cullen Pollock and John Dawson, Esquires, Thomas Ballard, William Williams, and David Stanley, Gentlemen, be, and they and every of them, are hereby constituted Directors and Trustees, for Designing, building and carrying on the said Town; and they shall stand seized of an indefeasible Estate, in Fee Simple, of and in the One Hundred Acres of Land laid off as aforesaid, to and for the Uses, Intents, and Purposes, hereby expressed and declared; except Four Lots Known and described in the aforesaid Plan by their respective Numbers Eleven, Twelve, Eighty Four, and Eighty Six, which are hereby reserved, to the only Use and Behoof, of the said William Gray, his Heirs and Assigns forever: And the said Directors, or any Three of them, shall have full Power and Authority to meet as often as they shall think necessary; and to appoint a public Quay, at such place on the said River, within the Bounds of the said Town, for a Public Landing, as to them shall seem meet.

IV. And whereas Subscriptions have already been made for the greatest Part of the Lots laid off in the said Town; Be it Enacted by the Authority aforesaid, That the said Directors or a Majority of them, within Six Months after the passing of this Act, shall appoint a Time, and give Public Notice thereof, for meeting the Subscribers on the said Land, for determining the Property of each Particular Lot, which shall be drawn by Ballot in a Fair Manner by the Direction, and in the Presence of a Majority of the said Directors at least; and each Subscribers shall be entitled to the Lot or Lots which shall happen to be drawn for him, and correspond with the Number contained in the aforesaid Plan, of the said Town; And the said Directors #or a Majority of them, shall make and execute Deeds for granting and conveying the said Lots contained in the said Town, to the respective Subscribers for the same, their Heirs and Assigns forever; and also to every other Person and Persons who shall purchase any other Lot or Lots in the said Town, at the Proper Costs and Charges of the Grantee or Grantees to whom the same shall be conveyed; and every Person claiming any Lot or Lots in the said Town by Virtue of any such Conveyance, shall and may hold and enjoy the same in Fee-Simple.

V. Provided nevertheless, That the Grantee or Grantees of any Lot or Lots in the said Town so conveyed, shall, within Three years next after the Date of the Conveyance for the same, erect, build, and Finish, on each Lot so conveyed, one well framed or Brick House, Sixteen Feet Square at the least, and Ten Feet Pitch in the Clear, or Proportionable to such Dimensions, if such Grantee or Grantees shall have Two or more Lots contiguous: And if the Owner of any Lot in the said Town shall fail to pursue or comply with the Directions by this Act prescribed, for building and finishing a House thereon, then such Lot upon which such House shall not be built and finished in Manner aforesaid, shall be revested in the said Directors; and the said Directors, or the Majority of them, may, and are hereby impowered and Authorized, to sell such Lot for the best Price that may be had, to any other Person or Persons applying for the same, in such Manner, and under such Restrictions, as they could or might have done if such Lot had not been before sold or granted.

VI. And be it further Enacted by the Authority aforesaid, That the respective Subscribers for the said Lots shall, within One Month after it shall be ascertained to whom each of the said Lots doth belong, in Manner hereinbefore mentioned, pay and satisfy to the said Directors the Sum of Forty Five Shillings, Proclamation Money, for each Lot by them subscribed for; and in Case of the Refusal or Neglect of any Subscriber to pay the said Sum, then said Directors shall and may commence a Suit for the same, in their own Names, and therein shall recover Judgment, with Costs.

VII. And be it further Enacted, That all Monies which shall arise by a Disposal of the said Lots, granted by the said Directors, and their Successors in Execution of this Act shall be received by the said Directors; and after their Reasonable Charges and expences are deducted, shall be by them paid, to the said William Gray, his Executors, Administrators, or Assigns.

VIII. And for continueing the Succession of the said Directors, until the said Town shall be Incorporated, Be it further Enacted, by the Authority aforesaid, That in Case of Death, Refusal to act, or Removal out of the Country of any of the said Directors, the surviving or other Directors, or the Majority of them shall assemble, and are hereby impowered from Time to Time, by Instrument in Writing, under their respective Hands and Seals, to nominate some other Person, being an Inhabitant or Freeholder of the said Town, in the Place of him so dying, refusing to Act, or removing out of the Country; which new Directors so nominated and appointed, shall, from henceforth, have the same Power and Authority, in all Things concerning the Matters herein contained, as if he had been expressly named and appointed in and by this Act, …

Acts of the North Carolina General Assembly, 1770 - 1771

North Carolina. General Assembly

December 05, 1770 - January 26, 1771

Volume 23, Pages 787-849

#LAWS OF NORTH CAROLINA, 1770.

At an Assembly begun and held at New Bern, the Fifth Day of December, in the eleventh Year of the Reign of our Sovereign Lord George the Third, by the Grace of God, of Great Britain, France and Ireland, King, Defender of the Faith, &c., and in the Year of our Lord One Thousand Seven Hundred and Seventy; being the first Session of this present Assembly. William Tryon, Esq., Governor.

CHAPTER VII.

An Act to prevent the Exportation of Unmerchantable Commodities.

I. Be it Enacted by the Governor, Council, and Assembly, and by the authority of the same, That from and after the Time Inspectors are to be appointed by Virtue of this Act, no Flax Seed, Pork, Beef, Rice, Flour, Butter, Tar, Pitch, Turpentine, Staves, Heading, Shingles, Lumber, tanned Leather or Deer Skins, shall be exposed for sale for Exportation, or any Indigo paid in Discharge of Taxes, until the same shall be duly Inspected, under the Regulations herein after expressed;…

III. And be it further Enacted, by the Authority aforesaid, That the Places and Landings hereafter mentioned, shall be, and hereby appointed for the Inspection of Flax Seed, Pork, Beef, Rice, Flour, Indigo, Butter, Tar, Pitch and Turpentine, Staves, Heading, Lumber and Shingles; to which Places all the said Commodities, before sold or exported, shall be brought, examined, and inspected, according to the Directions herein after mentioned; that is to say, … Bertie County, at Salmon's Creek, Maul's Haven, on Roanoke River, at Windsor and at Lockhart's and Whitmill's Landings.

Acts of the North Carolina General Assembly, 1771

North Carolina. General Assembly

November 19, 1771 - December 23, 1771

Volume 23, Pages 850-871

#LAWS OF NORTH CAROLINA, 1771.

At an Assembly, began and held at New Bern, the Nineteenth Day of November, in the Twelfth Year of the Reign of our Sovereign Lord George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c., and in the Year of our Lord One Thousand Seven Hundred and Seventy-one: Being the Second Session of this Assembly. Josiah Martin, Esq., Governor.

CHAPTER VI.

An Act to amend an Act, entitled, An Act what Fences are sufficient; and to amend and Continue an Act relating to taking up Stray Horses.

I. Whereas Disputes daily arise between many of the Inhabitants of this Province, by reason of the Ambiguity of the before recited Act: ….

VII. And be it further Enacted, by the Authority aforesaid, That this Act, together with the said recited Act, shall be extended to, and be in Force in #the Counties of Tryon, Guilford, Surry, Bertie, Duplin, Cumberland, and Wake, in as full and ample a Manner as in the Counties mentioned in the before recited Act.

Acts of the North Carolina General Assembly, 1773

North Carolina. General Assembly

January 25, 1773 - March 06, 1773

Volume 23, Pages 872-930

#LAWS OF NORTH CAROLINA, 1773.

At an Assembly began and held at New Bern, the Twenty Fifth Day of January, in the Thirteenth Year of the Reign of our Sovereign Lord George the Third by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c., and in the Year of our Lord One Thousand Seven Hundred and Seventy Three: Being the First Session of this Assembly. Josiah Martin, Esq., Governor.

CHAPTER I.

An Act for dividing the Province into Six several Districts, and for establishing a Superior Court of Justice in each of the said Districts; and for establishing Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province, and regulating the Proceedings therein.

I. Whereas the establishing Superior and Inferior Courts of Justice within this Province will be productive of ease and Convenience to the Inhabitants thereof, and must necessarily tend to a due and regular Administration of Justice …

III. And be it further Enacted, by the Authority aforesaid, That the Superior Courts of Justice shall be annually held for the several Districts in this Province at the following Times and Places, that is to say, for District of Edenton, in the Town of Edenton for the Counties of Chowan, Perquimans, Pasquotank, Currituck, Bertie, Tyrrel, and Hertford, on the Twenty Fifth Day of April and October. …

LVI. And be it further Enacted, by the Authority aforesaid, That the said Inferior Courts of Pleas and Quarter Sessions shall be constantly held upon the Days following, to-wit … Bertie, on the Fourth Tuesdays in March, June, September, and December, in each Year.

#CHAPTER V.

An Act for appointing Public Treasurers, and directing their Duty in Office.

I. Whereas the Act appointing Public Treasurers will expire with the End of the present Session of Assembly, and it being Expedient that Treasurers should be appointed to receive the Money arising from the Duties on Liquors, Public Taxes, and all other Public Money payable into the Treasury of this Province;

II. Be it therefore Enacted, by the Governor, Council, and Assembly and by the Authority of the same, That Joseph Montfort, Esq., be, and is hereby appointed Public Treasurer of the Counties of Currituck, Pasquotank, Perquimans, Chowan, Bertie, Tyrrell, Northampton, Edgecomb, Granville, Orange, Hertford, Bute, Halifax and Chatham; …

CHAPTER XIV.

An Act for directing the Method of appointing Jurors in all Causes, Civil and Criminal.

I. Whereas a just decision of said Suits and Controversies in the several Courts of Justice within this Province, depend on the Integrity and Capacity of Jurymen: …

IV. And be it further Enacted, by the Authority aforesaid, That the Number of Freeholders to be nominated for each County, to serve as Jurors, shall be proportioned as follows, to-wit: Bertie Eight,…

CHAPTER XXXIV.

An Additional Act to an Act for erecting a Court House and Prison for the Use of the District of Edenton.

I. Whereas the several Funds appropriated by the before recited Act, have been found inadequate to the Purposes thereby intended.

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That a Poll Tax of Two Shillings be levied on each Taxable Person within the County of Chowan, and of Eight Pence on each taxable Person within the Counties of Currituck, Pasquotank, Perquimans, Bertie, Tyrrell, and Hertford, to be collected for this and the Two next succeeding Years, by the Sheriff of the said Counties respectively, and #accounted for and paid to the Trustees and Directors mentioned in the before recited Act, or to the Survivors of them, at the same Time, in the same Manner; and under the like Penalties, as by Law is directed for collecting, accounting for and paying Public Taxes.

Acts of the North Carolina General Assembly, 1774

North Carolina. General Assembly

March 02, 1774 - March 25, 1774

Volume 23, Pages 931-976

#LAWS OF NORTH CAROLINA, 1774.

At an Assembly, began and held at New Bern, the Second Day of March, in the Fourteenth Year of the Reign of our Sovereign Lord George the Third, by the Grace of God, of Great Britain, France and Ireland, King, Defender of the Faith, &c., and in the Year of our Lord One Thousand Seven Hundred and Seventy-four; being the Second Session of this Assembly.—Josiah Martin, Esq., Governor.

CHAPTER I.

An Act for establishing Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province, and for regulating the Proceedings therein.

I. Whereas the establishment of Inferior Courts for the trial of causes and punishing offenders under proper limitations and restrictions would be of great utility in the several counties within this Province. …

V. And be it further enacted by the authority aforesaid, that the said #Inferior Court of Pleas and Quarter Sessions, shall be constantly held upon the days hereinafter specified for every county respectively, that is to say for the Counties of … Bertie on the second Tuesdays in February, May, August and November; …

CHAPTER III.

An Act to establish Courts of Oyer and Terminer and General Gaol Delivery and for vesting in the several Inferior Courts of Pleas and Quarter Sessions the power of appointing Jurymen for the said Courts of Oyer and Terminer and regulating the Proceedings therein and also for constituting the Judges thereof a Court for hearing and determining Appeals and Writs of Error.

Whereas it is necessary for the due Administration of Justice, that Courts of Oyer and Terminer, under proper regulations, should be held in the several districts of this Province. …

III. And be it further Enacted by the Authority aforesaid, That a Court of Oyer and Terminer shall be held at …

At Edenton for the Counties of Chowan, Perquimans, Pasquotank, Currituck, Bertie, Tyrrel, Hertford, and Martin on the first day of July and January. …

V. And be it further enacted by the Authority aforesaid, That the number of Freeholders to be nominated for each County to serve as Jurors, shall be proportioned as follows, to-wit: … Bertie Eight … o serve as Jurors at the Court of Oyer and Terminer to be held at Edenton, …

CHAPTER VIII.

An Act to oblige Vessels having infectious Distempers on Board to perform their Quarantine.

Whereas the Laws now in force for compelling Vessels coming into this Province from places infected with the Plague, small pox or other infectious Distempers, to perform Quarantine are found insufficient for the purposes intended, for remedy whereof. …

VII. And for the more effectual preventing the Spreading of Infectious Distempers; Be it Enacted by the Authority aforesaid, That it shall and may be lawful for the Inferior Court of the Counties of Craven, Perquimans, Chowan, Tyrrel, Martin, Bertie, Pasquotank, Currituck, Hertford, Carteret, Dobbs, and they are hereby Authorized and impowered to lay a poll Tax on the Inhabitants of the said Counties respectively for the raising a sum not exceeding One hundred pounds for building proper pest houses at such place as they shall think proper and the money raised by the said poll tax the Justices of the aforesaid Courts are hereby directed to apply to the purposes before mentioned.

CHAPTER IX.

An Act for Enlarging the Time of Saving Lots in the Town of Windsor, for erecting a Court House, Prison and Stocks for the County of Bertie, in the said Town, and other purposes.

Whereas from many unavoidable Hindrances and disappointments, it hath been found impracticable for the Inhabitants of the Town of Windsor, to Compleat their Buildings, on their respective Lots, within the time limited by Law.

I. Be it therefore enacted by the Governor, Council and Assembly, and by the Authority of the same, That every lot in the said town on which a House shall be built of the dimentions mentioned in an act of Assembly entituled an “Act for establishing a Town on the Lands of William Gray on Cashi River, in Bertie County,” within two Years after the passing of this Act, and also every lot therein which shall be hereafter sold or conveyed by the directors or Commissioners of the said Town, on which such House shall be erected and built, within the space of Two Years after the date of the Conveyance executed for the same, shall and is hereby declared to be vested in the Grantee thereof his Heirs and Assigns in Fee Simple, anything in the said Act contained to the Contrary notwithstanding.

II. And be it further Enacted by the Authority aforesaid That when any Lot in the town shall Lapse, by reason of its not being built upon; The Directors or Commissioners of the said Town or a Majority of them, shall and may, and they are hereby directed, impowered, and required to Sell such Lot at Public Vendue, for the best price that can be got, and the money arising from such Sale to be vested in the directors or Commissioners for the use of the said Town, and the directors or Commissioners shall give the purchaser of every such Lot a Deed of Bargain and Sale for the Lot by him so purchased.

III. And whereas the suffering of Hogs to run at large in the said Town is found to be injurious to the properties of the Inhabitants thereof; Be it therefore Enacted by the Authority aforesaid, That none of the Inhabitants of the said Town shall one month after the passing of this Act, suffer any of their Hogs to run at large within the Bounds of the said Town, and any hog or hogs running at large, shall be forfeited to the Commissioners, and the same, by an Order from One of them, under his Hand, directed to the Constable to be by him sold to the highest Bidder, for the benefit of the said Town.

IV. And whereas divers of the subscribers for Lots in the said Town, have neglected to pay the several Sums by them Subscribed, whereby William Gray, Esquire, the original Proprietor of the said Lands, whereon the said Town is erected, is greatly Injured; Be it therefore Enacted by the Authority aforesaid, That it shall and may be lawful for the said William Gray, his Heirs and Assigns to demand payment for the several Sums which are still due and owing to him for Lots in the said Town, and in case any person from whom the same is due, shall refuse or negelct to pay the same, it shall and may be lawful for him the said William Gray, his Heirs and assigns, to recover all such Sums with Costs, by Warrant from a Justice of the Peace, who is hereby impowered to give Judgment and award Execution for the same, in the same manner as in the Case of Warrants for the recovery of other Debts, any Law Usage or Custom to the contrary notwithstanding.

V. And whereas the Court House and Prison in the County of Bertie aforesaid, are in a ruinous condition, and the Justices of the said Court and the Officers and Suitors, Jurors and others whose attendance at the same is #by Law required, are subject to great hardships and inconveniences for want of proper accommodation and Entertainment at the place where the said Court House now stands, For Remedy whereof; Be it Enacted by the Authority aforesaid, That from and after the first day of June next, the Court for the said County, shall be constantly held, on the days and times by Law appointed, at the town of Windsor aforesaid, any Law Usage or Custom to the contrary notwithstanding.

VI. And be it further Enacted by the Authority aforesaid, That after the aforesaid first day of June all appearances and returns of process, shall be made to the said Court, in the Town of Windsor aforesaid.

VII. And whereas it will be necessary to erect a Court House, Clerk's Office, Prison, Pillory and Stocks in the said Town of Windsor, Be it therefore Enacted by the Authority aforesaid, That William Gray, Thomas Ballard, Thomas Clarke, Zedekiah Stone & David Stanley, Gentlemen, be and they are hereby nominated and appointed Trustees and directors for building a good and convenient Court House and Clerks Office, and a sufficient Prison, Pillory & Stocks for the use of the said County, and that they, or a Majority of them, Contract and Agree with proper persons for compleating and finishing the same in such manner as they shall think necessary and convenient.

VIII. And be it further Enacted by the Authority aforesaid, That a Poll Tax of three Shillings be levied on each Taxable person in the said County for the space of two Years, to be collected by the Sheriff of the said County and accounted for to the said Trustees and directors, at the same time, in the same manner, and under the like penalties, as by Law is directed for Collecting, Accounting for, and paying Public Taxes.

IX. And be it further Enacted by the Authority aforesaid, That from and after the passing of this Act, the said Trustees and directors, or a majority of them are hereby directed and impowered to sell and dispose of, for the best price that may be had, the old Court House, Prison and Public Warehouse and the Acre of Land on which the Public Buildings now stand on Cashi River and apply the monies arising from such Sale towards defraying the expence of Building & erecting the said Court House, Clerk's Office, Prison, Pillory and Stocks.

X. And be it further Enacted by the Authority aforesaid, That before the said Trustees and directors shall enter upon the said Trust, or take into their hands any of the monies aforesaid, they shall enter into Bond in the sum of One Thousand pounds proclamation money, payable to the Justices of the said County and their Successors, with Condition for the faithful discharge of the several Trusts in them reposed by this Act, and that they will from time to time and at all times, when they shall be called upon, lay a just State of their transactions before the Inferior Court of the said County, or such Person or Persons, as the said Court may appoint to inspect and report the same, which Bond shall be lodged with the Clerk of the said Court.

XI. And be it further Enacted by the Authority aforesaid That if the Tax or Monies arising in Virtue of this Act, shall be more than Sufficient to compleat the Buildings herein directed, the surplus thereof shall be applied by the said Court, towards defraying the Contingent charges of the said County.

Acts of the North Carolina General Assembly, 1777

North Carolina. General Assembly

April 07, 1777 - May 09, 1777

Volume 24, Pages 1-42

#LAWS OF NORTH CAROLINA, 1777.

At a General Assembly, begun and held at New Bern, on the Eighth Day of April, in the Year of our Lord One Thousand Seven Hundred and Seventy-seven, and in the First Year of the Independence of the said State: Being the first Session of this Assembly. Richard Caswell, Esq., Governor.

CHAPTER XII.

An Act for enlarging the Time of saving Lots in the Town of Windsor, in Bertie County.

I. Whereas, from the impossibility of securing nails and other necessary materials for building as well as from many other unavoidable hindrances occasioned by the present contest with Great Britain, it hath been put entirely out of the power of the Inhabitants of the Town of Windsor in Bertie County to compleat their Buildings on their respective Lots, within the Time limited by Law,

II. Be it therefore enacted by the General Assembly of the State of North Carolina, and by the authority of the same, that every Lot in the said Town on which a house shall be built of the dimensions mentioned in an Act of Assembly entitled “An Act for establishing a Town on the Land of William Gray on Cushy [Cashie] River in Bertie County” or other improvements made thereon, which shall be deemed by the Directors or Commissioners of the said town equal thereto, within three years after the passing of this Act, and also every Lot therein which shall be hereafter sold or conveyed by the Directors or Commissioners of the said Town on which such house shall be erected and built, or other Improvements made which shall be deemed by the Directors or Commissioners of the said Town equal thereto, within the space of two years after the date of the Conveyance executed for the same shall and is hereby declared to be vested in the Grantee thereof, his heirs and assigns in Fee Simple; any Thing in the said Act contained to the contrary notwithstanding.

CHAPTER XXVI.

An Act to establish Courts for the trial of Criminals in each District within this State, and for vesting in the several County Courts and Sessions of the Peace, the Power of appointing Jurymen for the said District Courts and Constituting Judges to preside therein.

I. Whereas, it is necessary for the due administration of Justice, that Courts should be established in the several Districts within this State for the trial of Criminals.

II. Be it therefore enacted by the General Assembly of the State of North Carolina, and by the authority of the same, that a court of Sessions of the Peace, Oyer and Terminer, and General Gaol Delivery shall be held at Edenton for the District of Edenton, comprehending the Counties of Chowan, Perquimans, Pasquotank, Currituck, Bertie Tyrrell, Hertford, Martin and Camden, on the third Tuesday of March and September; …

V. And be it further enacted by the authority aforesaid, That the justices of the County Courts and Sessions of the Peace, and they are hereby required before the sitting of the Courts of Sessions of the Peace, Oyer and Terminer and General Gaol Delivery of their respective Districts to nominate twenty-four freeholders to serve as grand jurors and twenty-four freeholders to serve as petit jurors at each of such District Courts respectively, and that the number of freeholders to be nominated to serve as jurors shall be as follows, to-wit: For … Bertie eight, …

Acts of the North Carolina General Assembly, 1777

North Carolina. General Assembly

November 15, 1777 - December 24, 1777

Volume 24, Pages 43-153

#LAWS OF NORTH CAROLINA, 1777.

At a General Assembly begun and held at New Bern on the Fifteenth Day of November, in the Year of our Lord One Thousand Seven Hundred and Seventy-Seven, and in the Second Year of the Independence of the said State: Being the Second Session of this Assembly. Richard Caswell, Esq., Governor.

CHAPTER II.

An Act for Establishing Courts of Law, and for Regulating the Proceedings therein.

Whereas it is necessary to a due and regular Administration of Justice that Courts be established in this State;

I. Be it Enacted by the General Assembly of the State of North Carolina, and it is hereby Enacted by the Authority of the same, That from and after the passing of this Act this State shall be, and it is hereby divided into Six several Districts, that is to say, the District of Wilmington, New Bern, Edenton, Halifax, Hillsborough, and Salisbury, in each of which a Court for the Trial of Causes, civil and criminal, shall be established, by the Name of the Superior Court of Law in the District where the same shall be held; and the said Courts shall consist of three Judges, being Men of Abilities, Integrity, …

#V. And be it Enacted, by the Authority aforesaid, That the several Superior Courts of Law shall be held for the several Districts in this State on the following Days, and in the following Places, that is to say, … For the District of Edenton, in the Town of Edenton, for the Counties of Chowan, Perquimans, Pasquotank, Currituck, Bertie, Tyrrell, Hertford, and Cambden, on the First Days of May and November.

LVII. And be it Enacted by the Authority aforesaid, That the said County Courts of Pleas and Quarter Sessions shall be constantly held upon the following Days, to-wit, … For the County Bertie, on the Second Mondays in February, May, August and November.

CHAPTER V.

An Act for directing the Method of appointing Jurors in all Causes, Civil and Criminal.

I. Whereas a Trial by Jury is one of the best Securities of the Rights of the People, and a just Decision of Suits and Controversies in the several Courts of Law within this State depend on the Integrity and Capacity of Jurymen; …

III. And be it further Enacted, by the Authority aforesaid, That the Number of Freeholders to be nominated for each County to serve as Jurors shall be proportioned as follows, to-wit, …Bertie Eight, …

CHAPTER XXXIV.

An Act for erecting a Prison in the Town of Edenton, for the Use of the District of Edenton.

I. Whereas it is necessary that a new Prison should be built for the Use of the District of Edenton; …

III. And be it further Enacted, by the Authority aforesaid, That an Assessment of One Shilling be levied on each Hundred Pounds Value within the County of Chowan, and of Six Pence on each Hundred Pounds Value within the Counties of Currituck, Pasquotank, Perquimans, Bertie, Tyrrell, Hertford, and Cambden, for Two Years, to be collected for the present and succeeding Year by the Sheriffs or Collectors of the said Counties respectively, and accounted for and paid to the said Trustees and Directors, at the same Time, in the same Manner, and under the like Penalties and Restrictions, as by Law is directed for collecting, accounting for, and paying Pubilc Taxes.

Acts of the North Carolina General Assembly, 1778

North Carolina. General Assembly

April 14, 1778 - May 02, 1778

Volume 24, Pages 154-183

#LAWS OF NORTH CAROLINA, 1778.

At a General Assembly, begun and held at New Bern on the Fourteenth Day of April, in the Year of our Lord One Thousand Seven Hundred and Seventy Eight, and in the Second Year of our Independence: Being the First Session of this Assembly. Richard Caswell, Esq., Governor.

CHAPTER I.

An Act for raising Men to complete the Continental Battalions belonging to this State.

I. Whereas it is absolutely necessary that the continental Battalions belonging to this State be compleated, and it is found impracticable to obtain that End in the common Mode of recruiting;

II. Be it therefore Enacted by the General Assembly of the State of North Carolina, and it is hereby Enacted by the Authority of the same, That Two Thousand Six Hundred and Forty Eight Men shall be raised and detached from the Militia of this State towards compleating the same, in the following Proportion and Manner, viz. From … Bertie Seventy Six …

CHAPTER IV.

An Act to Alter the Times for holding the several Superior Courts of Law, and for the better arranging the County Courts within this State.

I. Whereas the Times for holding the several Superior and Inferior Courts of Law within this State, from Experience, are found to be exceedingly inconvenient: For Remedy whereof,

II. Be it Enacted by the General Assembly of the State of North Carolina, and by the Authority of the same, That from and after the First Day of August next, the several Superior Courts of Law shall be held for the several Districts in this State on the following Days, and in the following Places, that is to say, … For the District of Edenton, in the Town of Edenton, for the Counties of Chowan, Perquimans, Pasquotank, Currituck, Bertie, Tyrrell, Hertford, and Cambden, on the First Days of May and November.

CHAPTER XVI.

An Act for quieting and securing the Tuscarora Indians, and others claiming under the Tuscaroras, in the Possession of their Lands.

I. Be it Enacted, by the General Assembly, and it is hereby Enacted by the Authority of the same, That Withmell Tuffdick, Chief or Headman of the Tuscarora Nation, and the Tuscarora Indians, now living in the County of Bertie, shall have, hold, occupy, possess and enjoy, all the Lands lying in the County of Bertie aforesaid, whereof they are now seized and possessed (being Part of the Lands hertofore allotted to the Indians aforesaid by solemn Treaty, and confirmed to them and their Successors by Act of Assembly, in the Year One Thousand Seven Hundred and Forty Eight) without Let, Molestation, or Hindrance, clear of all Quitrents, or any Public Demand by Way of Tax whatever, to them the said Tuscarora Indians, and their Heirs and Successors; and that they the said Tuscaroras, and their Heirs and Successors, shall for ever be clear and exempt from every Kind of Poll Tax.

II. And whereas the said Tuscarora Indians, by Nature ignorant, and strongly addicted to drinking, may be easily imposed on by designing Persons, and unwarily deprived of their said Lands; Be it Enacted by the Authority aforesaid, That no Person, for any Consideration whatever, shall hereafter purchase, buy or lease, any Tract or Parcel of Land now claimed by, or in Possession of the said Tuscarora Indians, or any of them; nor shall any Person settle on or cultivate the said Lands, or any Part thereof, in his own Right, or under Pretence as acting as Overseer for the Indians; and if any Person shall hereafter purchase, buy or lease, any Lands of the said Indians, or settle on or cultivate any Part thereof, in his own Right, or as Overseer for the Indians, all such Purchases, Sales, Leases and Agreements, shall be, and they are hereby declared null and void; and the Person so purchasing, buying or leasing, settling on, or cultivating the said Lands, or any Part thereof, shall forfeit and pay the Sum of Three Hundred Pounds current Money for every Hundred Acres by him so purchased, bought or leased, settled on or cultivated as aforesaid, one Half to the Use of the said Tuscarora Indians, the other to the Use of him or her who shall sue for the same; to be recovered by Action of Debt, Bill, Plaint, or Information, in any Court having Cognizance thereof. Provided, That the said Tuscarora Indians #may sell or dispose of their Lands, or any Part thereof, with Consent of the General Assembly first had and obtained.

III. And whereas the Chieftains and Headmen of the Tuscarora Nation living in the County, did on the Twelfth Day of July, in the Year One Thousand Seven Hundred and Sixty Six, for the Consideration of Fifteen Hundred Pounds to them paid by Robert Jones, Jun., William Williams, and Thomas Pugh, by Indenture under their Hands and Seals, demise, grant, and to Farm let, unto the said Robert Jones, William Williams, and Thomas Pugh, a certain Tract of Land lying in the County aforesaid, containing about Eight Thousand Acres, more or less, bounded as follows, to-wit, Beginning at the Mouth of Deep Creek, otherwise called Falling Run; thence running up the said Creek, to the Indian Head Line; thence by the said Line South, Seventeen Degrees East, Twelve Hundred and Eighty Poles; thence a Course parrellel with the general Current of the said Creek, to Roanoke River; and then up the River to the Beginning; together with the Appurtenances thereto belonging, to be held and enjoyed by the said Robert Jones, William Williams, and Thomas Pugh, their Executors, Administrators, and Assigns, in Severalty, for and during the Term of One Hundred and Fifty Years, as may more fully appear by the said Indenture, registered in the County Court of Bertie aforesaid, and ratified by Act of Assembly, passed at New Bern in the Year One Thousand Seven Hundred and Sixty-Six; Be it Enacted by the Authority aforesaid, That each and every of the Persons intitled to claim under the Demise afore mentioned, or by Grants from the Persons claiming under the same, or either of them, and their Heirs and Assigns, shall and may have, hold, occupy, possess and enjoy, the several Shares, Dividends, or Parcels of the said Land to them belonging, in as full, free, and absolute Manner, and with the same legal Privileges and Advantages, in every Respect, and subject to the same Taxes, as if the said Land had been originally granted to the said Robert Jones, William Williams, and Thomas Pugh, by Lord Granville, or by this State.

IV. And whereas the said Tuscarora Indians, for good and sufficient Reasons, and for valuable Considerations, have since the Twelfth Day of July, One Thousand Seven Hundred and Sixty Six, and previous to the First Day of December last, demised, granted, and to Farm let, sundry Tracts or Parcels of Land lying in said County of Bertie, to sundry Persons, as by Indentures duly executed may more fully appear; Be it Enacted by the Authority aforesaid, That all the Lands contained in the last mentioned Demises, if the said Demises were fairly, bona fide, and without Fraud, made by, and obtained from the said Tuscarora Indians, since the Year One Thousand Seven Hundred and Sixty Six, and previous to the First Day of December last past, shall not be deemed vacant Lands, or be liable to be entered as such in the Land Office, unless the General Assembly shall hereafter so direct, but nevertheless shall be subject to the same Taxes as other Lands in this State are liable to.

V. And whereas it is suggested by the said Tuscarora Indians that unfair Dealing has been used in obtaining one or more of the Demises afore mentioned, and they the said Indians have at present no Mode for obtaining Redress in such Cases: Be it therefore Enacted by the Authority aforesaid, That the Commissioners herein after mentioned, or a Majority of them, shall and may, upon Complaint of the said Tuscarora Indians, in Court or Meeting assembled, that any Person or Persons has or have unfairly or fraudulently obtained any Grant or Demise for Lands to them belonging since the Year One Thousand Seven Hundred and Sixty Six, and previous to the First Day of December last, summon the Person or Persons so complained against, #or cause him or them to be summoned, to appear before them on a certain Day on the Land in Dispute (giving at least Ten Days Notice previous to the Day in such Summons appointed) then and there to answer the Complaints of the Indians for having fraudulently or unfairly obtained a Grant or Demise of the Land in Question; and shall also summon, or cause to be summoned, a Jury of Twelve Men, being Freeholders in the said County of Bertie, and not resident on, or Owners of any Lands purchased of the said Tuscarora Indians: And the said Commissioners, or a Majority of them, shall attend at the time and Place appointed, with the Jury aforesaid, and having first sworn the Jury to try and determine fairly between the said Indians and the Person or Persons complained against, shall and may cause Witnesses to be examined on both Sides, and receive the Verdict of the Jury, and return the same, with the Pannel, to the next County Court of the said County of Bertie, to be entered upon Record, and such Verdict shall be as good and effectual as if obtained in any Court of Record; and if the same be general, the said Commissioners, or a Majority of them, shall and may appoint one or more Person or Persons to carry the same into Execution; but if special, then the Court shall decide thereon, and cause the Sheriff of the County to carry such Decision into Execution.

VI. And whereas the said Indians are often injured by Horses, Cattle and Hogs, driven on their Lands by the white People, the said Horses, Cattle and Hogs, breaking into their Inclosures, and destroying their Corn and other Effects, and are also frequently deprived of their Property, and abused by ill disposed Persons: For Remedy whereof, and also for Recovery of Rents or Demands now due, or which may hereafter become due and owing to the said Tuscarora Indians; Be it Enacted by the Authority aforesaid, That William Williams, Thomas Pugh, Willie Jones, Simon Turner, and Zedekiah Stone, be and they are hereby appointed Commissioners for the said Indians; and they, or any Three of them, shall and may inquire into Complaints made by the said Indians, summon the persons complained against before them, and award such Restitution and Redress as to them shall seem just and necessary; and may appoint an Officer or Officers to serve Subpoenas, and to execute such Awards and Determinations as they shall or may make in Regard of the Premises: And the Court of the said County of Bertie is hereby authorized and required to fill up, from Time to Time, by new Appointments, any Vacancies which may happen among the Commissioners, by Death or Resignation; and upon Complaint of the Chief or Headman of the Nation, and the Rest of the Indians, in Court of Meeting properly assembled, against any one of the Commissioners for Misbehaviour, may inquire into the Conduct of the Person or Persons complained against, remove him or them, if necessary, and appoint another or others in his or their Stead.

VII. And be it further Enacted by the Authority aforesaid, That the Lands leased by the said Tuscarora Indians to Robert Jones, Jun., William Williams, and Thomas Pugh, and to other Persons, shall revert to, and become the Property of the State, at the Expiration of the Terms the several Leases mentioned, if the said Nation be then extinct: And the Lands now belonging to, and possessed by the said Tuscaroras, shall revert to, and become the Property of the State, whenever the said Nation shall become extinct, or shall entirely abandon or remove themselves of the said Lands, and every Part thereof. Provided, That no Person shall have any Preference of Entry to any of the said Lands by Virtue of any Lease or Occupancy whatsoever since December, One Thousand Hundred and Seventy Six, whenever the General Assembly shall declare the said Lands to be vacant.

Acts of the North Carolina General Assembly, 1779

North Carolina. General Assembly

January 19, 1779 - February 13, 1779

Volume 24, Pages 190-253

#LAWS OF NORTH CAROLINA, 1778.

At a General Assembly begun and held at New Bern, on the Fourteenth day of April, in the Year of Our Lord One Thousand Seven Hundred and Seventy Eight, and from thence continued by Adjournments and Prorogations to the Nineteenth day of January, at Halifax, in the Year of Our Lord One Thousand Seven Hundred and Seventy-nine. Being the third Session of this Assembly.

CHAPTER XXIV.

An Act to amend an Act, intitled an Act for Erecting a Prison in the Town of Edenton for the use of the District of Edenton, and other Purposes.

I. Whereas, the provision heretofore made for Erecting a Prison for the District of Edenton from the Great Scarcity & High Prices of Materials and the Difficulty of obtaining workmen is now insufficient to answer the purposes thereby intended; and, whereas, the Court House of the Said District is in want# of some repairs which may now be done at a Small Expence but if Neglected will require a Considerable Sum for that purpose,

II. Be it therefore Enacted by the General Assembly and it is hereby Enacted by the authority of the same, That Joseph Hews, William Bennett, Charles Bonafield and Josiah Collins, Esquires, be and they are hereby nominated and appointed, Trustees and Directors for Building and Erecting a Good and Sufficient Prison for the use of the District aforesaid, and for #that purpose to Contract and agree with proper persons for Compleating and finishing the said Prison, in such Manner as they shall think Necessary and Convenient, and for making such repairs to the Court House of the said District as may be Necessary.

III. And be it further enacted by the Authority aforesaid, That an Assessment of One Shilling be levied on each Hundred pounds value within the County of Chowan, and of six pence on each Hundred pounds value within the County of Currituck, Pasquotank, Perquimans, Bertie, Tyrrel, Hertford, Camden and Gates for Two years to be collected for, the present and succeeding year by the Sheriffs or Collectors of the said Counties respectively exclusive of the Tax laid by the said before recited Act and shall be accounted for and paid to the said Trustees and directors at the same time in the same manner and under the like penalties and restrictions as by law is directed for collecting, accounting for and paying Public Taxes and shall be by the said Trustees & Directors applyed to the purposes of this Act, and the before recited Act, and also to the payment of such Ballance as may appear on Settlement to be due to the Trustees and directors heretofore appointed for erecting a Court House and Prison for the use of the District of Edenton.

CHAPTER XXXII.

An Act to impower the Court of Bertie County to levy a further Tax for Compleating the public Buildings of said County.

I. Whereas, by an Act of Assembly for that purpose made and provided, the Justices of the County Court of Bertie were impowered to appoint Commissioners to agree and contract with a Workman or Workmen for erecting and Completing the public Buildings of said County, in pursuance of which Commissioners have been appointed, who contracted with a certain Thomas Rhoods for the purpose aforesaid; who, from the unforeseen Consequences of the present War, and the great depreciation of the present Currency, is like to be greatly distressed by complying with the said Contract, unless a further allowance be made him; …

Acts of the North Carolina General Assembly, 1779

North Carolina. General Assembly

October 18, 1779 - November 10, 1779

Volume 24, Pages 262-313

#LAWS OF NORTH CAROLINA, 1779.

At a General Assembly, begun and held at Halifax on the eighteenth day of October, in the year of our Lord one thousand seven hundred and seventy-nine, and in the fourth year of the independence of the said state: Being the second session of this Assembly. Richard Caswell, Esq., Governor.

CHAPTER VI.

An Act for directing the method of appointing Jurors in all Causes Civil and Criminal.

I. Whereas a trial by jury is one of the best securities of the rights of the people, and a just decision of suits and controversies in the several courts of law within this State depend on the integrity and capacity of jurors;

II. Be it therefore enacted by the General Assembly of the State of North Carolina, and by the authority of the same, that the justices of the county courts within the district of each superior court of law within this State shall, and they are hereby directed, before the sitting of any Superior Court, to nominate forty-eight freeholders to serve as jurors at such Superior courts. Provided always, that no county court shall knowingly nominate any person to serve as a juror at two courts successively, or any person who shall have an action or suit at issue in the Superior Court at the term to which he shall be so nominated.

III. And be it further enacted by the authority aforesaid, that the number of freeholders to be nominated for each county to serve as jurors shall be proportioned as follows, to wit, … Bertie eight …

Acts of the North Carolina General Assembly, 1780

North Carolina. General Assembly

April 17, 1780 - May 10, 1780

Volume 24, Pages 314-343

#LAWS OF NORTH CAROLINA, 1780.

At a General Assembly, begun and held at Newbern on the seventeenth day of April, in the year of our Lord one thousand seven hundred and eighty, and in the fourth year of the Independence of the said state: Being the first session of this Assembly. Abner Nash, Esq., Governor.

CHAPTER XXIII.

An Act to amend an Act, intituled, “An Act for quieting and securing the Tuscarora Indians, and others claiming under the Tuscaroras, in the possession of their lands.

I. Whereas by the said Act there is no penalty imposed on jurors or witnesses, duly summoned, and failing to attend;

II. Be it enacted by the General Assembly of the State of North Carolina, and it is enacted by the authority of the same, that the commissioners by the said Act appointed, or any three of them, assembled for the purpose of holding a court, shall and may inflict fines on jurors or witnesses so failing to attend, not exceeding one hundred pounds, at their discretion; and unless sufficient excuse be to them afterwards shewn, cause the same to be levied and applied towards defraying the county charges of Bertie: And the witnesses and jurors who shall attend on the trial of any disputes between the said Tuscaroras and others, shall have and receive ten dollars per day for their attendance, to be paid by the party cast, with all other costs; and such trial may hereafter be had on any part of the lands belonging to said Tuscaroras in Bertie County, which the commissioners shall direct.

Acts of the North Carolina General Assembly, 1782

North Carolina. General Assembly

1782

Volume 24, Pages 413-474

#LAWS OF NORTH CAROLINA, 1782.

At a General Assembly, begun and held at Hillsborough, on the Thirteenth day of April, in the year of our Lord One Thousand Seven Hundred and Eighty Two, and in the Sixth year of the Independence of the said State: Being the First Session of this Assembly. Alexander Martin, Esq., Governor.

CHAPTER XXV.

An Act for building a Prison in the Town of Edenton.

I. Whereas it is represented that from the want of a prison in the town of Edenton, for the District of Edenton, the civil administration of justice is nearly at a stand, and the military service of the State greatly retarded; …

III. And be it further enacted by the authority aforesaid, That an assessment of eight pence in every hundred pounds be laid on all taxable property in the county of Chowan, and an assessment of four pence in every hundred pounds value be laid on all taxable property in the Counties of Currituck, Cambden, Pasquotank, Perquimons, Gates, Hertford, Bertie and Tyrrell, for two years, to be collected for the present and the succeeding year by the respective sheriffs or collectors of the said counties, and accounted for and paid to the said commissioners at the same time, and in the same manner, and under the like penalties and restrictions, as is or may be directed for collecting, accounting for, and paying other public taxes.

CHAPTER XLI.

An Act for erecting a Prison in the County of Bertie, and finishing the Court House.

I. Whereas the prison of the County of Bertie hath been burnt, and it is necessary that a new one should be built for the use of said county; #

II. Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, That William Gray, David Stanly, Richard Dawson, and David Turner, or any three of them be, and are hereby nominated and appointed commissioners, trustees or directors, and in case of the death, incapacity, refusal to act, or removal of any of the said commissioners, trustees or directors, the court of the said county is hereby directed to appoint others to act in their stead, for building and erecting a good and sufficient prison for the use of the county aforesaid, and for that purpose to contract and agree with proper persons for compleating and finishing the said prison in such manner as they shall think convenient.

III. And be it further enacted by the authority aforesaid, That a tax of eight pence specie be levied on each hundred pounds value of taxable property, including poll taxes, within the county of Bertie aforesaid, for the year one thousand seven hundred and eighty two, to be collected by the same person or persons, and in the same manner as other taxes are collected within said county, and accounted for and paid to the said commissioners, trustees and directors, at the same time, and in the same manner, and under the like penalties and restrictions as by law is directed for collecting, accounting for and paying public taxes.

IV. And be it further enacted by the authority aforesaid, That before the said commissioners, trustees or directors, shall enter upon their said trust, or take into their hands any of the monies aforesaid, they shall enter into bond in the sum of five hundred pounds specie, payable to the justices of the county court of said county, with condition for the faithful discharge of the trust in them reposed by this Act.

V. And be it further enacted by the authority aforesaid, That if the monies arising by virtue of this Act be more than sufficient to compleat the building hereby directed, the surplus thereof shall be paid by the said commissioners, directors or trustees, to the county court of the said county, by them to be applied towards finishing the court house thereof.

VI. And whereas the court house of the said county remains unfinished; Be it therefore enacted by the authority aforesaid, That a tax of six pence specie on each hundred pounds value in said county be levied for two years, and be collected by the county collector or collectors in the same manner as other taxes are collected and paid the commissioners appointed by law for building the said court house to be applied towards finishing the same; and the commissioners are hereby fully impowered and authorized to settle with the person by them formerly contracted with to build said court house, and pay him so much as may appear on such settlement due to him, with the current depreciation thereof, and may either continue him on his former contract or discharge him from the same and agree with some other person or persons as they shall think proper to finish the said court house, and in case any of the said commissioners should die, refuse or neglect to act, it shall and may be lawful for the justices of the inferior court of said county to appoint other commissioner or commissioners in their room, who shall be invested with the same powers and authorities that the others were by law invested with, and shall give bond as is by the said law directed; and if the above tax when collected shall amount to more than will be sufficient to finish the said court house, the surplus shall be paid into the hands of the justices of said county, and applied towards defraying the contingent charges of the said county.

Acts of the North Carolina General Assembly, 1784

North Carolina. General Assembly

April 19, 1784 - June 03, 1784

Volume 24, Pages 543-649

#LAWS OF NORTH CAROLINA, 1784.

At a General Assembly begun and held at Hillsborough, on the Nineteenth day of April, in the year of our Lord One Thousand Seven Hundred and Eighty Four, and in the Eighth Year of the Independence of the Said State: Being the first session of this Assembly. Alexander Martin, Esq., Governor.

CHAPTER XXVI.

An Act to prevent the exportation of unmerchantable commodities.

I. Whereas the establishment of an inspection for certain articles exported from this State would be of great utility to the commerce thereof, …

IV. And be it further Enacted by the authority aforesaid, That the places and landings hereafter-mentioned shall be and are hereby appointed for the inspection of beef, pork, rice, tar, pitch, turpentine, fish, flour, butter, and flax-seed, staves and headings, sawed lumber and shingles, to which places all of the said commodities before sold or exported shall be brought, examined and inspected according to the directions herein after-mentiond, that is to say: In … Bertie county, at the landings heretofore in use for lading of vessels; …

CHAPTER XXX.

An Act to impower the several County Courts therein mentioned to lay a Tax annually for the purpose of erecting or repairing the Court House, Prison and Stocks in each County where necessary, and for defraying the contingent charges of the County.

I. Be it Enacted by the General Assembly of the State of North Carolina, and it is hereby Enacted by the authority of the same, That the county court of each county herein mentioned viz. … Bertie, … shall and the same are hereby authorised and impowered from and after the passing of this Act to lay a tax annually not exceeding the sum of four shillings current money on every hundred pounds of taxable property in their county, and a poll-tax of four shillings current money on every taxable person in the said county, for the purpose of erecting, finishing or repairing such court house, prison or stocks, in any county within this State, when the same may be found by the said court to be absolutely necessary, and for the purpose of defraying the contingent charges; which said tax shall be collected and accounted for in the same manner, at the same time and by the same persons who are appointed to collect the public tax in each county, and to be paid into the hands of such person or persons as the several county courts shall from time to time hereafter direct: Provided, That a majority of the acting justices of any court wherein any tax shall be laid in virtue hereof shall be present at the time of laying the same.

CHAPTER LVI.

An Act to impower Arthur Brown, Esquire, late Sheriff of Bertie County to collect the arrears of Taxes due for the said county in the year one thousand seven hundred and seventy-four, and one thousand seven hundred and seventy-five.

I. Whereas through the unavoidable confusion of the times great deficiencies are like to arise in the collection of the taxes for the county of Bertie, for the years one thousand seven hundred and seventy-four, and one thousand seven hundred and seventy-five, whereby Arthur Brown, late sheriff of said county will become liable to the payment of large sums of money to the public,

II. Be it therefore Enacted by the General Assembly of the State of North Carolina, and it is hereby Enacted by the authority of the same, That from and after the passing of this Act, Arthur Brown, late sheriff of Bertie county, or some person for that purpose authorised and impowered by him, shall have full power and authority to receive and collect the arrears of taxes due for the said county of Bertie, for the year of one thousand seven hundred and seventy-four, and for the year one thousand seven hundred and seventy-five, in the same manner and form as taxes were then by law collected.

III. And be it further Enacted by the authority aforesaid, That the said Arthur Brown, or such person as he shall for that purpose impower, do collect and receive such arrears of taxes according to the list and rates of each of the said years respectively appointed: Provided nevertheless, That if any person against whom any demand of such arrears of taxes shall be made shall produce a receipt or receipts of his having paid the same, or in case of the loss or mislaying such receipt or receipts, shall make oath before any justice of the peace within ten days after such demand made, of his having paid and discharged the same, or part thereof, or that he was not at that time a taxable in the said county, and obtain a certificate of the same from said justice, such person shall be exonerated and discharged from such demand, either in part or the whole as the case may be.

IV. And be it further Enacted by the authority aforesaid, That the said Arthur Brown, or the person by him for that purpose authorized and impowered, shall give one month's notice by public advertising the same at the court house of said county, and all other public places within the same, of the time and place he, or such person as he shall for that purpose authorise and impower, will attend to receive such arrears of taxes; and all persons paying the same on or before the time appointed by such notice shall not be liable to pay any costs or charges; and if any person or persons shall fail to pay such arrears of taxes agreeable to this Act, it shall and may be lawful for the said Arthur Brown, or such person as he shall authorize and impower, to make distress for the same, in the same manner #as was at the time the said taxes became due, by law appointed for sheriffs to distrain in other cases of the like nature.

Acts of the North Carolina General Assembly, 1785

North Carolina. General Assembly

November 19, 1785 - December 29, 1785

Volume 24, Pages 710-782

#LAWS OF NORTH CAROLINA, 1785.

At a General Assembly, begun and held at New Bern on the nineteenth day of November, in the year of our Lord one thousand seven hundred and eighty-five, and in the tenth year of the independence of the said State, it being the first session of this Assembly. Richard Caswell, Governor.

CHAPTER II.

An Act for Encreasing the Jurisdiction of the County Courts of Pleas and Quarter Sessions, and of the Justices of the Peace out of Court, and Directing the Time of Holding the Several Courts of this State.

Whereas the extension of the jurisdiction of the courts of pleas and quarter sessions of the several counties within this State, may tend to the more speedy furtherance of justice to the citizens therein. …

V. And be it further Enacted by the authority aforesaid, That the several county courts of pleas and quarter sessions herein after mentioned within this State, shall be held hereafter on the following days: For the county of … Bertie, on the third Mondays of the same months [February, May, August and November] …

CHAPTER LVI.

An Act for the Inspection of Tobacco In the Town of Windsor.

Whereas it may be beneficial to the planters of tobacco adjacent to the town of Windsor, that an inspection of that commodity should be established in the said town;

I. Be it therefore Enacted by the General Assembly of the State of North #Carolina, and it is hereby Enacted by the authority of the same, That the county court of Bertie shall annually appoint two discreet and careful men, well acquainted with the nature and qualities of tobacco, to be inspectors thereof; who shall take the same oath, be subject to the same rules, regulations and restrictions to which inspectors of tobacco are subject by an Act of the General Assembly passed at Halifax in the year one thousand seven hundred and seventy-seven, entitled “An Act to amend the staple of tobacco and prevent frauds.”

II. And be it further Enacted by the authority aforesaid, That the inspectors so appointed shall have and receive of the owners of tobacco the sum of eight shillings for each and every hogshead; and the sum of one shilling for each and every hundred weight of transfer tobacco by them inspected, in full for their trouble, finding nails, prizing and every thing necessary thereto.

III. And be it further Enacted, That all tobacco so inspected shall be held and deemed merchantable tobacco, as if the same had been inspected at any other inspection within this State.

Acts of the North Carolina General Assembly, 1786 - 1787

North Carolina. General Assembly

1786

Volume 24, Pages 783-884

CHAPTER XLI.

An Act to Amend an Act, Entitled, “An Act for the Regulating the Town of Salisbury in the County of Rowan, and for Regulating the Town of Windsor in Bertie County.”

Whereas it is the interest of every State to regulate the police of its towns and encourage their trade, and the laws heretofore made for regulating the said town of Salisbury having proved defective:

I. Be it therefore Enacted by the General Assembly of the State of North Carolina, and it is hereby Enacted by the authority of the same, That five commissioners shall be chosen on the first Saturday in February next, and the sheriff of Rowan county or his deputy is hereby required to give notice, attend at the court house on the same day, and at the hour of ten o'clock in the forenoon, open the poll and receive the tickets in the presence of two inspectors; and when the election shall be finished, such returning officer and inspectors shall in the presence of such of the electors as choose to attend, examine and number the ballots, and the persons having the greatest number of ballots shall be declared duly elected; and in like manner the said sheriff or his deputy, first giving ten days notice by public advertisement, shall on the first Saturday in February in every year afterwards, in the same manner open the poll, receive the tickets and proclaim the commissioners for the ensuing year, under the penalty of twenty-five pounds for every neglect or refusal, to be recovered by action of debt in the court of the county of Rowan, by any person who shall sue for the same in six months after such neglect or refusal, one half to the prosecutor, the other half to be paid to the treasurer of the town for the use of the said town; and the commissioners so chosen shall before they enter on the execution of their office take the following oath: “I, A. B. do swear, that I will faithfully discharge the office of commissioner for the town of Salisbury, agreeable to law and to the best of my knowledge and judgment.”

II. And be it further Enacted by the authority aforesaid, That the commissioners shall appoint one of their body to act as treasurer of the town for that year, to receive and account for the town monies, for which a regular entry must be made in a book kept for that purpose; and upon the appointment of a new treasurer the old one shall immediately pass his account with him, and pay any balance there may be in his hands: Provided, That before such treasurer enters upon his office, he shall give his bond with #good security payable to the commissioners for the faithful discharge of his duty.

III. And be it further Enacted by the authority aforesaid, That the commissioners of the said town snail choose and appoint a proper person to be their clerk of the said town, to act as such during good behaviour, who shall be allowed a reasonable salary, and enter into bond to the commissioners of the said town and their successors, with two sufficient securities in the sum of one hundred pounds lawful money of this State, for the due and faithful execution of his office and the trust reposed in him, for the safe keeping of the books and papers put into his care, and keeping a regular and fair journal of the proceedings of the commissioners during his continuance in the said office. And the said clerk is hereby authorised and requested to demand and receive from the person or persons in whose hands the same may be, all the books, journals and papers belonging to the said town; to which books, journals and papers all persons shall have free access on paying two shillings, under the penalty of one pound for every refusal.

IV. And be it further Enacted by the authority aforesaid, That the commissioners of the town so chosen and qualified agreeable to the directions of this Act, shall be and they are hereby incorporated into a body politic and corporate by the name of the commissioners of Salisbury, and by that name to have annual succession by the elections of the freeholders and freemen as by this Act is directed, and a common seal; and that they and their successors by the name aforesaid, shall be able and capable in law to have, purchase, receive, possess and retain to them and their successors forever, in trust for the said town, any lands, rents and tenements of what kind, nature or quality whatsoever, and also grant, sell, demise, alien or dispose of the same, also to receive and take any gift or donation whatsoever to the said town; and also by the same name to sue and implead, be sued and impleaded, answer and be answered, in all courts of record whatsoever, and from time to time and at all times hereafter to make such rules, orders, regulations and ordinances as to them shall seem meet, for repairing the streets, appointing a town constable or constables, town watches or patroles, and making proper allowances by fees or otherwise for such services, and for all such other necessary ordinances, rules and orders which may tend to the advantage, improvement and good government of the said town, and the said rules, ordinances and regulations from time to time to alter, change, amend and discontinue, as to the said commissioners or a majority of them shall appear necessary; and also shall have full and ample powers to enforce a compliance and observance to such regulations, by laying fines and penalties on those who shall refuse or neglect to conform to such rules and regulations, not exceeding five pounds, and in the case of slaves the punishment of thirty-nine lashes; the said penalty to be recovered, and the punishment inflicted in manner hereinafter mentioned.

And whereas the proper office of the said commissioners is that of making bye-laws and regulations for the government of the said town, and it has been found inconvenient and often impracticable to call together the said commissioners, for the immediate purpose of punishing offenders, whereby the said regulations are never properly carried into effect: For remedy whereof,

V. Be it Enacted by the authority aforesaid, That a proper person, being a justice of the peace in the said town, shall be elected at the same time, and in the manner herein directed for the election of commissioners, who shall be called the magistrate of police for the said town, whose duty it shall be to enforce obedience to the laws and punish offenders; and shall be, and is #hereby authorised to issue his warrants, directed to the sheriff, deputy sheriff or town constable, to summon all offenders against the laws, rules and ordinances made and provided for the regulation of the said town, to appear before him; and on their conviction, which shall be in the manner of trials bejore justices of the peace, the said magistrate is hereby required and authorised to give judgment and award execution agreeable to the laws rules and ordinances provided for the government of the said town; which warrant or execution the said sheriff, deputy sheriff or constable is hereby required to execute, and on such trials or enquiries is hereby authorised and declared to posses all the necessary powers to administer oaths, and subpoena and examine witnesses, and shall take the following oath before he enters on the execution of his office: “I, A. B. do solemnly swear, that as a magistrate of police of the town of Salisbury, I will do equal right in all cases whatsoever to the best of my judgment, and according to the laws, rules and ordinances made for the good government of the said town; all fines and amercements that may happen to be made, I will cause to be duly returned to the proper officer, and in all things pertaining to my office during my continuance therein, I will faithfully, truly and justly, according to the best of my skill and judgment, do equal and impartial justice to the public and to individuals.” Provided always, That where any person shall think him or herself aggrieved by the judgment of the said magistrate of police, such person shall have the right of appealing from the said judgment to the court of pleas and quarter sessions for the county of Rowan.

VI. And be it further Enacted by the authority aforesaid, That the commissioners of the said town shall annually levy a tax not exceeding six shillings on every hundred pounds value of taxable property within the said town, and a proportionable poll tax on all persons who do not possess in the said town the value of one hundred pounds in taxable property; which tax shall be collected by a warrant under the hands and seals of the commissioners, directed to such persons as they appoint for that purpose; and the collector to be appointed as aforesaid is hereby empowered and directed to collect and make distress for the same in like manner as collectors of public taxes, and the monies arising therefrom, after deducting five per cent. for commissions, shall by him be paid into the hands of the town treasurer, to be by the commissioners applied and laid out in clearing, cleaning and repairing the streets and public passages, paying officers for transacting the business of the town, and in such public work and business as the commissioners may deem necessary.

And the more effectually to ascertain the taxable property within the said town:

VII. Be it Enacted by the authority aforesaid, That every inhabitant thereof shall yearly, at the time he shall give in his taxable property to be assigned for the use of the State, distinguish in the list he shall return, what part thereof is situated within the said town; and if any inhabitants shall fail so to do, the commissioners shall and may order the town tax to be levied for the whole amount of the taxable property of the person so failing as aforesaid, although part thereof may not be within the said town: any thing herein contained to the contrary notwithstanding. And it is hereby declared, that every person inhabiting or occupying any house or other building or improvement, or lot within the said town, shall be liable to the payment of the tax thereof unless the same shall have been returned by some other inhabitant.

And whereas encroachments may be made on the streets of the said town #by erecting piazzas, porches, platforms and other buildings thereon, and the inhabitants and others greatly incommoded, and injury may arise by fire being communicated across the streets thereby: For remedy whereof,

VIII. Be it Enacted by the authority aforesaid, That the commissioners of the said town are hereby empowered and requested to order all such encroachments from which danger may be apprehended, to be removed, under such penalties as they shall think necessary to impose; and where any encroachment shall be found on any street or streets from which no immediate danger is to be apprehended, the said commissioners shall impose a ground rent not exceeding forty shillings, to be paid annually for each piazza, porch, platform or other encroachments on the street adjoining to or being before any one house or tenement, to be applied to the public stock of the said town: And if any person shall refuse or neglect to pay such ground rent, the same shall be levied by a warrant under the hands and seals of the commissioners, directed to a constable or other officer to be by them appointed, on the goods and chattels of the delinquent. Provided always, That uncovered piazzas or platforms, and uncovered porches, not exceeding seven feet wide including steps and cellar doors, shall not be liable to pay ground rent; any thing herein contained to the contrary notwithstanding.

IX. And be it further Enacted by the authority aforesaid, That no person shall be deemed qualified to act as a commissioner of the town of Salisbury, unless he is an inhabitant of the said town or the liberties thereof, and hath a lot or land therein; and every person who is a freeholder in the said town or the liberties thereof, and every freeman who has resided therein six months and has paid public taxes, shall be qualified to vote for the said commissioners.

X. And be it further Enacted, That the said commissioners are hereby fully authorised and particularly required and directed, to make such laws and regulations as they may deem necessary to prevent hogs running at large in the said town, slaves from keeping house without a license from the commissioners, and to prevent all persons from dealing with slaves not having tickets from their masters, mistresses or overseers, and to make such other and further laws and regulations respecting the same as they may think expedient: Provided nevertheless, That the regulations respecting hogs or other stock shall not be considered to extend beyond the present checkers of the town, so as to authorise any person residing in the liberties thereof to seize, kill or destroy the same, or any hog or hogs found running at large therein, subject to be seized, forfeited or destroyed. Provided nevertheless, That nothing in this Act shall be construed to give the commissioners of the said town, power to authorise by any bye-law whatever, any person or persons to kill or destroy the hogs belonging to any person living without the checkers of the said town; but such hog or hogs when found running at large within the checkers of the said town, may be impounded by the town constable or such person as the commissioners shall appoint for that purpose; and a fine not exceeding six pence for each hog impounded on the owner, with the cost or charges which shall be ascertained by the commissioners in the regulations of the town. And provided also, That the powers hereby committed to the said commissioners, shall not be construed to extend to the imprisonment of any slave as a punishment, or in any instance to exceed the punishment of thirty-nine lashes.

XI. And be it therefore Enacted by the authority aforesaid, That from and after the passing of this Act, so much of the before recited Act as comes within the purview and meaning of this Act, is hereby declared to be henceforth null and void to all intents and purposes whatsoever. #

XII. And be it further Enacted by the authority aforesaid, That the foregoing Act shall also govern and regulate the town of Windsor in the county of Bertie, in the same manner as it does the town of Salisbury; and all matters and things directed to be done by the officers of Salisbury, and all matters and things directed to be done by the officers of Rowan county with respect to the town of Salisbury, shall be done by the officers of Bertie county with respect to the town of Windsor also.

XIII. And be it further Enacted, That all Act or Acts heretofore made for the regulation of the town of Windsor, so far as the same may come within the purview and meaning of this Act, shall be repealed to all intents and purposes whatever. (Passed Jan. 6, 1787.)

CHAPTER LIX.

An Act for Establishing a Town on the Lands of William Murfree, on Meherrin River, in the County of Hertford.

Whereas it has been represented to the General Assembly, that on the lands of William Murfree, at Murfree's landing, on Meherrin river, there is a very proper situation for a town; that the place is remarkably healthy, and convenient to a country which produces large supplies of tobacco, naval stores, corn, pork and lumber for exportation, and that the convenience for shipping produce at this landing, is greatly superior to what is generally #found at other landings: And whereas a great number of citizens of this State, inhabitants of the counties of Hertford, Northampton, Halifax, Warren, Edgecombe, Bertie, Gates and Chowan, have prayed that a town may be erected at this place, and William Murfree, the proprietor of the soil, hath consented that ninety-seven acres of the land adjoining to the river, which has been surveyed and laid off, shall be appropriated to this use:

I. Be it therefore Enacted by the General Assembly of the State of North Carolina, and it is hereby Enacted by the authority of the same, That the said ninety-seven acres of land shall be laid out in lots of half an acre, with convenient streets, and the same are hereby constituted and established a town, and shall be called by the name of Murfreesborough.

CHAPTER LXXIII.

An Act for Levying a Tax in the District of Edenton, for Building the Gaol of the Said District.

Whereas the tax levied for the purpose of building a gaol in the district of Edenton has proved deficient, and the monies in the hands of the commissioners have been all expended in purchasing materials for the same:

I. Be it therefore Enacted by the General Assembly of the State of North Carolina, and it is hereby Enacted by the authority of the same, That each and every hundred acres of land in the county of Chowan shall be subject to a tax of four pence, each poll to a tax of one shilling, and each hundred pounds value of town property to a tax of one shilling: And there shall also be collected in the counties of … Bertie, … the sum of two pence on every hundred acres of land, and a tax of six pence on every poll, and on every hundred pounds value of town property a tax of six pence in the said counties, to be collected for the year 1786 at the time and in the manner the public taxes are collected for that year; which tax of four pence on every hundred acres of land, and of one shilling on every poll, and of one shilling on every hundred pounds value of taxable property in the county of Chowan, and in the counties of Bertie, … the sum of two pence on every hundred acres of land, the sum of six pence on every poll, and on each hundred pounds value of town property the sum of six pence, shall also be levied and collected for the year 1787, in the same manner and at the same time the public taxes laid by the present General Assembly are collected.

Acts of the North Carolina General Assembly, 1787

North Carolina. General Assembly

1787

Volume 24, Pages 885-951

#LAWS OF NORTH CAROLINA, 1787.

At a General Assembly, begun and held at Tarborough on the eighteenth Day of November, in the Year of our Lord One Thousand Seven Hundred and Eighty-seven, and in the Twelfth Year of the Independence of the said State, being the first session of the Assembly. Richard Caswell, Esq., Governor.

CHAPTER XXXIX.

An Act to Prevent the Obstructing of Fish from Running up the Streams and Water Courses in Bertie County, and to clear the Navigation thereof.

Whereas many persons inhabitants of Bertie county make a practice of setting wares and hedges across the streams and water courses in the said county, by means of which the fish in the spring of the year are prevented from running up, which hath frequently prevented the people from catching fish at the different places where they have been usually caught ever since the first settlement of the said county, whereby many of the inhabitants of said county are greatly injured:

I. Be it therefore Enacted by the General Assembly of the State of North Carolina, and it is hereby Enacted by the authority of the same, That from and after the passing of this act it shall not be lawful for any person or persons to make or set any ware or hedge, or cause the same to be done in any stream or water course in the said county when the fish usually run up in the spring of the year, or by any other ways or means stop the fish from running up any of the said streams or water courses during the fishing season; and any person or persons so hereafter offending shall forfeit # and pay for every such offence the sum of ten pounds specie, to be recovered before any magistrate of the said county, one half of which shall be paid to the overseers of the poor of the said county and the other half to the informer.

And whereas many of the water courses of said county by a little labour may be made navigable for small boats a considerable distance higher up than they now are:

II. Be it Enacted by the authority aforesaid, That from and after the passing of this act the county court of pleas and quarter-sessions of said county shall and they are hereby empowered and authorized to appoint a company of men within certain districts by them to be described, limited and laid off in such manner as they shall think convenient, with an overseer over each company, who shall be directed to clear and keep open all such streams and water courses as far up as they can be conveniently made navigable for small boats and vessels, and that the said overseer with the men so appointed to work under him shall clear and open the same, and after the said streams and water courses shall be so opened and cleared, the said overseer or overseers and the persons who shall be so appointed to work under him or them, work on and keep clear and open the same so far as his district shall extend at least four days in every year ensuing; and every overseer who shall fail or neglect to keep open and clear such stream and water course so far as his district shall extend, shall forfeit and pay the sum of ten pounds; and every person who shall be appointed by the said court to work on and open and clear such stream or water course under such overseer, who shall fail or neglect to appear and work thereon after being given one day's previous notice by such overseer of the time and place of working, shall forfeit and pay the sum of ten shillings for each and every day he shall so fail or neglect, to be recovered before any Justice of the Peace of the said county, and applied towards hiring some other person or persons to work on the said stream or water course in the room of such delinquent.

III. And be it further Enacted by the authority aforesaid, That the overseer and such person or persons who shall be appointed to work under him within his or their respective districts, shall and they are hereby exempted and cleared from working on any public road or roads within the said county so long as he or they continue within the district of any or either of the said overseers, or so long as he or they shall be liable to work on any of the said streams or water courses within any of such districts in the said county; any law to the contrary notwithstanding.