Crown, and all such Laws made for the Establishment of the Church, and the Laws made for the Indulgence to Protestant Dissenters, and all Laws providing for the Priviledges of the People, and Security of Trade; as also, all Statute Laws made for Limitation of Actions, and Preventing of Vexatious Law Suits, and for preventing Immorality and Fraud, and confirming Inheritences and Titles of Land, are and shall be in Force here, altho' this Province, or the Plantations in general, are not therein named.

VIII. And because it has always happened, that upon vacancy of the Government, seditious and Evil-minded Persons have taken Occasion to dispute the Authority of the succeeding governor or President, however Elected or Qualified, for want of certain Rules being laid down and approved of by the Lords Proprietors: We pray therefore that it may be Enacted; And be it Enacted, by the Authority aforesaid, That in Case of any such Vacancy, the Eldest Lords proprietors Deputy, shall summons the rest of the Deputies, with all convenient speed, to meet at the usual Place of the Councils Meetings; and there they, or the major part of them that meet, shall chuse a President; and in Case of an Equality of Votes, the Voice of the Eldest Councillor shall have the Preference: And if it shall happen that the eldest Councillor shall refuse to summon the rest of the Deputies as aforesaid, within Ten Days after Notice of such Vacancy, then the next eldest Councillor shall summons as aforesaid.

IX. And Be It Further Enacted, That in the Case of the Vacancy of any of the Lords Proprietors Deputies, the Governor or President in the time being, with the Consent of the Major Part of the Deputies then being shall chuse one to supply that Vacancy, till the Lords Proprietors shall signify their Pleasure to the contrary: And if any of the Lords Proprietors Deputies shall at any Time neglect or refuse to give their Attendance, being cited thereto, the Act or Acts of the remaining Deputies shall be good and valid in the Law to all Intents and Purposes.

X. And be it further Enacted, by the Authority aforesaid, That in Case of any extraordinary Occasion, if the Governor, Deputy Governor, or President for the time being, shall depart the Government, and shall first declare the Cause of his Departure in Council, his Absence not exceeding Six months, shall not be deemed a Vacancy, but the Eldest Councillor shall preside in Council during his Absence.

CHAPTER XXXII.

(Repealed by Navigation Act 6 Nov., 1798.-Ch. 4.)

An Act for Settling and Maintaining Pilots at Roanoke & Ocacock Inlett. Whereas the Trade & Commerce of this Government is likely to decay very much through want of Pilots:

I. Be It Enacted by His Excellency the Pallatine & the rest of the True & Absolute Lords Proprietors of the Province of Carolina by & with the advice and consent of the rest of the members of the Genl. Assembly now met at Little River for the No. East part of the Province & by the Authority of the same.

II. It is Hereby Enacted that the Governor or Commander in Chief for the time being shall commission & appoint two such persons as he shall think fitting & qualified to be Pilots the one for Roanoke the other for Ocacock Inletts which persons so nominated & authorized are hereby required constant

ly and dilligently to make it their business to search & find out the most convenient channel at the several respective Inletts for which they are allotted Pilots and that the Pilot for Roanoke do stake & mark out the Channel from the Barr till it be past Croatan or Colleton shoals & keep the same constantly staked out And the Pilot for Ocacock is to see all vessels past the Shoals till they shall be in the open Sound & then to give directions for their sailing to the river such vessel or vessels shall be bound unto.

III. And It Is Further Enacted by the Authority afors'd that each Pilot shall keep a good boat well fixed for that purpose with two persons to assist him & shall use their best endeavours to look for & repair on board all such Vessels as shall be bound into their several respective Inletts. And if it shall so happen that through Extremity of Weather the Pilot cannot get on board then he is to make such signals as he shall think most proper to inform them of the Channel: of all which signals so intended to be made by the said Pilots they shall cause fair written Instruction to be made and lodged in the Collectors Offices of the most considerable British Ports in America, who are hereby requested to permit such Instructions to be affixed in some Publick place of their Offices.

IV. And Be It Further Enacted by the Authority afors'd that it shall & may be lawful for every Pilot which shall go on board any Vessel without the Barr or offer to take charge of her as Pilot or who through extremity of weather cannot get on board but shall be assisting with signals to the bringing of her in & carrying her out to ask demand & receive of & from every such vessel that shall draw six feet water or under the sum of Thirty Shillings & for every foot above the sum of Tenn Shillings more-the same to be paid in sterling money-And for the further encouragement of each Pilot who shall well & faithfully discharge himself in the due execution of that trust or office.

V. It Is Hereby Further Enacted that the Governor or Commander in Chief for the time being shall also appoint able & experienced Commissioners to examine such Pilots upon whose Certificates that they are fit & qualified for their post & have served faithfully therein one year shall have & receive the Sum of Thirty Pounds to be levied by a Poll-tax on the Taxables of the County to which such Pilot shall belong & officiate.

VII. And It Is Hereby Enacted by the Authority afors'd that if any vessel whatsoever shall happen to receive any damage, miscarry or be lost through the neglect-insufficiency or any other defect in or by any Pilot as shall take charge of the same. That then and in such case the said Pilot so taking charge, shall answer for & make good all & every the damages & losses so sustained as aforesaid.

VII. And Be It Further Enacted that in case any Pilot should Die, go off, or neglect or refuse to officiate or upon Misdemeanor or for any other defect shall be suspended by the said governor or Commander in Chief for the time being that then & in such case it shall & may be lawful to & for the said Governor or Commander in Chief to name & appoint another person in his room that shall go off, die, refuse or neglect his duty or shall be suspended as aforesaid. And whereas it may prove & be of evil consequence to this Government for the Pilots to desist Officiating in their Office.

VIII. Be It Enacted by the Authority afors'd that no Pilot shall at his pleasure desist or refuse to Officiate in his office until he shall Three months before such desisting or refusal apply themselves to the Governor or Commander in Chief whereby the Country may not be destitute of good & able

men to officiate in the places of such so refusing & desisting in the said place or office of Pilotage.

EDW'D MOSELEY,

Speaker.

CHAS. EDEN,

N. CHEVIN,

C. GALE,

FRAN. FOSTER,

T. KNIGHT.

CHAPTER XXXIII.

An Act, to regulate divers abuses in taking up of lands, and to ascertain the Method to be Observed, from Henceforth, in taking up & surveying Lands.

I. Whereas of late Years, great Inconveniences have arisen by Means of the Irregular Proceedings and Methods observed in entering & taking up Land and by some persons holding or pretending right to large tracts of Land; to the great Discouragment of Strangers coming in to inhabit among us, and to the great weakening of Places already settled and inhabited, as well as to the great Loss and Prejudice of the Lords Proprietors: For Prevention whereof for the future, and for the better regulating the Method of tak ing up Lands in time to come.

II. Be It Enacted, by his Excellency the Pallatine, and the rest of the true and absolute Lords Proprietors of Carolina, by and with the Advice and Consent of this present General Assembly, now met at Little River for the North East part of the said Province, and it is hereby Enacted by the Authority of the same, That from and after the first day of January next ensuing the Date hereof, no Surveyor General, nor deputy Surveyor, shall enter any Land for any person after the Manner as has been of late Years observed; but that all Person whatsoever that shall, from thenceforward, be minded to take up any Lands in this Government, shall, before he lays Claim thereto, take a Warrant from the Secretary's Office, directed to the Surveyor General, or Deputy, as usual, mentioning the Quantity of Land by them intended to be taken up; which Warrant he shall deliver the said Surveyor General, or his Deputy, together with an Account where the Land lies which he intends to take up by that Warrant which the Surveyor shall indorse upon the back of the said Warrant together with the Time of his Receipt thereof, and give a Copy of the said Indorsement to the said Person; for which it shall be lawful for him to demand and receive the usual Fee of Entry and Copy; and shall, within Eight Months next after such Receipt, survey and make Return of the said Land, with the Warrant, as is usual, unless he shall give sufficient Reason upon his Oath, for not doing the same; provided always, that he hath no Warrant before lodged in his Hands for the same Land; and provided also, that if occasion be, the Surveyor shall be impowered to hire Chain-Carriers and Markers for his assistance in laying out of any Lands, and shall charge the same to the owner of such Land.

III. And be it further Enacted, by the Authority aforesaid, That the Surveyor General, and his Deputy, shall observe, in surveying and laying out of all Lands to be taken up from henceforward, that lies on a navigable River or Creek, that he shall run a full mile on a direct course into the Woods, and each opposite line shall run parallel with the other, if it can be admitted, for other People's Lines, or Rivers or Creeks, and for all Lands taken up wholly

in the Woods, the Survey shall be upon a Square, if it can be admitted, as aforesaid.

IV. And be it further Enacted, by the Authority aforesaid, That no Surveyor or Deputy Surveyor, from and after the Time aforesaid, shall survey or lay out more than Six Hundred and Forty Acres of land in one Tract, nor shall survey or lay out two several Tracts of Land for, any one person within Two miles, at least of each other; unless by particular Warrant from the Lord's Proprietors for that purpose.

V. And be it further Enacted, by the Authority aforesaid, That any Surveyor or Deputy Surveyor, that shall presume to survey or lay out any lands contrary to the Directions, Purport and Meaning of this Act, shall, for every Offence, forfeit and pay the sum of Ten Pounds; one Half to the Public Treasury, and the other Half to him or them that shall sue for the same; to be recovered in the General Court of this Province; wherein no Essoign, Protection or Wager of Law, shall be allowed.

VI.

And forasmuch as the Lord's Proprietors do sustain great Damages, and the Country in General lies unsettled, by Reason of many Persons holding or pretending Right to large Tracts of Land in this Government, without any other Title thereto than a bare Entry or Survey: Be it Enacted, by the Authority aforesaid, That all or any Person or Persons whatsoever, who do now hold or pretend any Right to any Lands within this Government, by Virtue of any Survey or Purchase, as aforesaid, made before the Fourteenth Day of April last past, and do not pay, or secure to be paid, the Purchase Money thereof to the Lord's Proprietors Receiver-General, on or before the Twenty-fifth Day of December next, pursuant to an Order of Council, dated the aforesaid Fourteenth Day of April, it shall and may be lawful for any Person or Persons to enter on the same Lands, and have patents therefor upon the old Surveys; providing he or they so entering shall pay, or secure to be paid, to the said Receiver-General, the Purchase-Money and Quit-Rents which should have been paid by the Person that shall so lapse the same, and also the sum of Ten Shillings to the Surveyor General, for altering the Certificate; which Patent, when so obtained, shall be deemed and adjudged good and valid, to all Intents and Purposes; any Law, Custom, or Usage, to the contrary, notwithstanding. And further, all Persons that do Pretend any Right to any Lands taken up on Pretence of Purchase, and do not pay, or secure to be paid, the Purchase-Money thereof to the Receiver-General for the Time being, within Six Months after the Date of such Survey, such Person or Persons shall forfeit their Right thereto; and it shall and may be lawful for any other Person or Persons to take out a Warrant for such Lands, and proceed thereon as is before directed in this Act, for taking up vacant Lands.

VII. And be it further Enacted, by the Authority aforesaid, That from and after the aforesaid First Day of January next, no Person shall sell or alienate his right to any Land, until he has paid the Purchase-Money thereof, and has obtained a Patent and Grant for the same; but such sale, Assignment, or Conveyance, shall be deemed, construed, and taken, to be invalid and of none effect: And such Land shall be free and clear for any other Person to take up, observing the Rules in this Act before specified for taking up vacant Lands.

VIII. Provided always nevertheless, That where the Right of land here tofore surveyed on Pretence of Purchase aforesaid, belong to an Orphan or Orphans that are not able or capable to patent the same, for want of Personal Estate within the Time before limited in this Act, it shall and may be lawful

for the Guardian or Guardians, Trustee or Trustees of such Orphan or Orphans, or Administrator of the Intestate's Estate, to sell and dispose of all or such part of such Right, as aforesaid, by Public sale, to the best Advantage they can for the Intestate's Estate; anything in the said Act to the contrary, notwithstanding: And in Case any Guardian, Trustee or Administrator, shall neglect or refuse to make Sale of Such Lands as aforesaid, within Six Months, the Orphans Courts are hereby impowered and required to call such Guardian, Trustee, or Administrator, to Account; and if they cannot find Personal Estate sufficient in their Hands to Purchase such Lands, as aforesaid, then they, the said Court, shall make such Sale, and to such Uses as aforesaid.

IX. And whereas many of the Inhabitants of Bath County, by Reason of the Calamities befallen them during the late Wars with the Indians, are rendered incapable of making present Payment for the Purchase of such Lands as now are, or have been, actually held, settled, and improved by them, and from whence they have been lately driven by the Enemy: Be it Enacted, that a Further Time be granted to such Persons for paying the Purchase of such Lands, upon giving such Security to the Lords Proprietors' Receiver General, as shall be by him approved of, within Six Months after the Ratification of this Act: Any Thing herein before Contained to the contrary thereof, in any wise, notwithstanding.

CHAPTER XXXIV.

An Act for Entering of Vessels & to Prevent the Exportation of Debtors. I. Be It Enacted by His Excellency the Pallatine and the rest of the true and Absolute Lords Proprietors of the Province of Carolina by & with the advice & consent of the rest of the members of the General Assembly now met at Little River for the No. East part & by the Authority of the same. II. And It Is Hereby Enacted that the Master of every Ship or Vessel coming into this Government shall within four days next after his arrival here & before he Trade or land any goods (living creatures only excepted) enter into Bond in the Naval Office with one sufficient Freeholder or well-known Merchant in the sum of Five Hundred Pounds with Condition that he the said Master shall not carry off any person out of this Province without a Ticket first had & obtained from the Naval Officer and signed by the Governor, Deputy Governor or Commander in Chief for the time being (persons coming in the same vessel, Women whose husbands are resident in this Country, persons under age & sailors who have not resided in the Government above two months Excepted) nor shall depart himself without leave under the Penalty of Fifty pounds; one third to the Lords Proprietors, one-third to the Governor or Commander in Chief, and the other one-third to the Informer. III. And Be It Further Enacted by the Authority Aforesaid, that the said Bond shall be taken in the name of the Governor or Commander in Chief for the time being payable to himself, his Heirs, Successors or Assignes but shall be to the only use of & in trust for such person and Persons as shall appear to be injured by the said Master's non-performance of the Condition above expressed & shall be assigned to any Person or Persons so injured petitioning for the same.

IV. Provided always & it is hereby further Enacted that if the said Bond or Bonds shall not be sued within Two years after the date thereof then the