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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 North. ward 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.

III.

And Be It Further Enacted, by the Authority aforsaid That the Election for Representatives for the said Precinct, shall always be at the Court House for the said Precinct, or at such Place as shall be appointed for building the said Court House on.

CHAPTER VI.

An Act, concerning Fees and Officers.

(Omitted.)

CHAPTER VII.

An Act, appointing that part of the South-West Parish of Chowan that lies on the South Shore, and Alligator, to be a distinct Parish, by the Name of the South Parish of Chowan; and for appointing Vestrymen for the said Parish.

(Printed in Private Acts, post.)

CHAPTER VIII.

An Act, for settling the Precinct Courts and Courthouses.

I. Whereas through the great Taxes and Charges this Government hath laboured under, by Means of the late Indian War, there has been no Care taken by preceding Assemblies to settle the several Precinct Courts to any

fixed or Certain Place, but have always hitherto been kept and held at private Houses, where they have been, and are liable to be removed, at the Pleasure of the person or persons owning such Houses, to the great Annoyance of the Magistrates and People: For the Prevention of which for the Future;

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 this present 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 from and after the Ratification of this Act, the Justices of the Peace that are now appointed for and in every respective Precinct in this Government, or shall hereafter be appointed within the Time limited in this Act for Building the Precinct Court-houses, or the greatest part of them, are hereby required and impowered to purchase the quantity of One Acre of Land, in such Place or Places of their several Precincts, as in and by this Act is hereby nominated and appointed, for erecting the said Court-houses on.

III. And for the better enabling the said Justices, or the greatest part of them, to purchase said Lands, and build the said Court houses: Be it Enacted, by the authority aforsaid, That the said Justices, or the greatest Part of them, shall have full power and Authority to raise Money, by a Poll Tax on the several Inhabitants of their respective Precincts, for the Purchasing such lands and building the said Court-houses thereon, not exceeding the sum of five Shillings per Poll per Annum; which said Tax or Levy shall be paid to them the said Justices, or whom they, or the greatest part of them, shall appoint to receive the same, by each and every person respectively, in the same Manner and Form as they do their Public Levy, and under the same Fines and Forfeitures.

IV. And Be It Further Enacted, by the Authority aforsaid, That if any Person or Persons shall refuse to sell to the said Justices, or to the greatest Part of them, such Lands as by this Act is appointed to be purchased for the use of a Court-house, for what the said Justices shall think to be the full Value thereof, that then, and in such Case, it shall and may be lawful for the Chief Justice to issue his Summons, under his Hand, directed to Three Freeholders of the Precinct where such refusal shall be made; which Freeholders are hereby required, on Oath, to appraise the said Land: And in Case the owner of the said Land shall, after a Tender made him of the Money which the said land was appraised to, refuse to give a lawful Conveyance for the same, such Land shall, nevertheless, be invested in the Publick, for the use aforesaid; provided that no Person's Orchard, Garden, or enclosed Ground, be injured thereby.

V. And be It Further Enacted, by the Authority aforesaid, That if the Justices, or the major part of them, in their several Precincts, shall neglect or refuse to purchase the land by this Act directed for building the several Court-houses on, or to agree with workmen to build and finish the same, (which shall not be less than Twenty Four feet Long and Sixteen Feet wide), within Six months after the Ratification of this Act; that then, and in such Case, the Governor or Commander in Chief for the Time being shall, and is hereby impowered and directed to nominate and appoint such Person or Persons in each and every Precinct so neglecting or refusing; which Person so appointed, shall have the same Power and Authority to lay the said Tax,

purchase such Land, and build the said Court-houses, as the said Justices might or ought to have had by this Act.

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 Chowan, at Edenton.

For the Precinct of Perquimons, at Jonathan Felp's Point, at the Mouth of the Narrows.

For the Precinct of Currituck, on the Land of Mr. William Peyner, next to the Land of Mr. William Parker; or at Mr. Parker's, as the Justices shall appoint.

For the Precincts of Beaufort and Hyde at Bath Town.

For the Precinct of Craven, at New Bern.

For the Precinct of Carteret, at Beaufort Town.

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

For the Prec inct of Pasquotank, at such Place as the Justices shall appoint.

And whereas many Inconveniences hath happened in this Government, by Reason of the falling of the Courts, which too frequently have been occasioned by failure of a sufficient Number of Justices to meet: For Prevention of which for the Future; Be it Enacted, by the Authority aforesaid, That all Actions or Business whatsoever now depending, or hereafter to be depending, in the General Court, or any Precinct Court in this Government, shall not be discontinued by Reason or Failure of a sufficient Number of Justices meeting at the Days appointed; but that all such actions or Business shall stand continued till the next Court: Any Law, Custom, or Usage to the Contrary, notwithstanding.

Signed by

WILLIAM REED, Esq., President,
CHR. GALE,

RICHARD SANDERSON,

JOHN LOVICK,

THOMAS LOVICK,

Lords Proprietors Deputies.

EDWARD MOSELEY, Speaker.

1723.

At a General Biennial Assembly, held at Edenton, in Chowan Precinct, the Twenty-Third Day of November, One Thousand Seven Hundred and Twenty Three. William Reed, Esq., President.

CHAPTER I.

An Act, to provide Indifferent Jurymen in all Causes, Civil and Criminal. (Repealed 6 April, 1748 and omitted.)

CHAPTER II.

An Act, intituled, An Additional Act to the Act, relating to Biennial and other Assemblies, and regulating Elections; and divers other Things relating to the Towns. REP.

(Omitted.)

CHAPTER III.

An Act, for appropriating part of the Impost Duty on Vessels, or Powder Money, to Beacon out the Channels from Roanoke to Ocacock Inlets, and several other Things, to facilitate the Trade and Navigation of this Government. EXP.

(Omitted.)

CHAPTER IV.

An Act, for settling the Titles and Bounds of Lands.

I. 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 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 Lands belonging to every Person in this Government shall be processioned, and the Marks renewed once in every Three Years; And that the Justices of each and every Precinct Court within this Government, between the first Day of June and the First Day of August, One Thousand Seven Hundred and Twenty-Four, and so between the First Day of July and the First Day of August, in every Three Years hereafter, by an Order of the said Court, shall direct and order the Vestry of each Parish, in their Precinct, to divide their Parishes into as many Districts as to them shall seem most easy and convenient, for processioning every particular Person's Land within their Parish; and that the said Vestry shall appoint the particular Times some time between the first Day of October and the last Day of April, following the date of the said Court's Order, and shall nominate and

appoint two able and intelligent Freeholders within every Canton or District, to see such processioning performed: And the said Freeholders so appointed are hereby obliged to make a Due Return and give an Account of their proceeding to the Precinct Court next following such Processioning of every particular Person's Land by them processioned, and who were present at the Time, and also to give a particular Account of what Lands within their Cantons or Districts, they shall have failed to Procession, together with their Reasons for such Failure.

II. And it is Further Enacted, by the Authority aforesaid, That the Clerk of every respective Precinct Court, is hereby enjoined and directed to deliver to the Church Wardens of every Parish within his Precinct, a Copy of the said Court's Order, within Fifteen Days after the passing the same; and that the said Church Wardens shall be obliged, within Ten Days after the Receipt of such Order, to appoint a Vestry to meet; and the said Church Wardens and Vestry are to lay out their said Parish in as many Cantons or Districts as to them shall seem convenient, and to nominate and appoint two intelligent Freeholders as aforesaid: Which Freeholders so appointed, are required to go with the Freeholders and Inhabitants, within their District or Cantons, round the Bounds of every Person's Land within the same, and renew the Marks of the said Lands.

III. And Be It Further Enacted, by the Authority aforesaid, that the Justices of each Precinct are hereby required to cause the Returns to be made by the said Processioners, to be fairly entered into well-bound Books, kept for that Purpose, by the Clerk of the Precinct Court: and to prevent Mistakes in the Recording the said Return, the Clerk of the said Court shall be obliged, at the next succeeding Court, to produce and compare the Return with the Record, and afterwards, to file the said Return in his office: And as an Encouragement for the said Clerk's faithful discharge of the several Duties above mentioned, it shall and may be lawful for him to ask and demand the Sum of Twelve Pence of every Person for all his or her Lands that are returned Processioned, and recorded within that Precinct.

IV. And be it further Enacted, by the Authority aforesaid, That where the Justices of any of the Precinct Courts, Vestry and Church Wardens, Freeholders or Clerk, shall fail or neglect doing their Duty herein, or hereby enjoined, each and every Justice so failing, shall forfeit and pay the Sum of Five Pounds; the Church Wardens and Vestry failing to do their Duty as aforesaid, shall forfeit and pay the sum of five Pounds; and the Freeholders who shall be nominated by the Vestry in their several Districts and Cantons, refusing to do their Duty, shall forfeit and pay the Sum of Five Pounds; and the Clerk of each respective Precinct Court neglecting or refusing to do his Duty as by this Law required, shall forfeit and pay the sum of Ten Pounds: All which afore-mentioned forfeitures and Fines shall be, one half to the informer, the other half to the Church Wardens and Vestry, for and towards the Use and Benefit of that Parish in which such Default happened: To be recovered, by Action of Debt, Bill, Plaint, or Information, in any Court of Record within this Government; wherein no Essoign, Injunction, or Wager of Law, shall be allowed or admitted of.

V. And forasmuch as no Provision has been made in this Act, to compell such Persons who, out of an obstinate Temper, shall refuse to have their Lands processioned, to the Damage of Owners of adjacent Lands; Be it Enacted, That then, and in such case, all and every Person or Persons so refusing to have their Lands processioned, pursuant to the directions in this Act given them, the Two Freeholders Processioners as aforesaid, shall

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