pointed in each Canton, and of their respective Divisions, under the Penalty of Five Pounds for every Canton so neglected; for which Notice the said Vestry shall allow the said Clerk Twenty Shillings out of the Parish Monies; and the Freeholders so appointed, on Notice given them, shall forthwith (being first sworn to act justly and impartially to the best of their Knowledge) procession People's Land as in and by the said Act is already provided, under the Penalty of Five Pounds each; and the several Penalties by the said Act, and hereby provided, shall be recovered and received by the Church-wardens only, and to the use of the Parish: And any Church-warden failing in their Duty by the said Act provided, or hereby required, shall be answerable for their Penalties in their accounts with the Vestry; and if they do not receive or prosecute the Penalties forfeited by any others for not performing their Duties in the said Act, or hereby provided, such Church-wardens shall be answerable for the same themselves, in their Accompts with the Vestry.

III. And be it further Enacted, by the Authority aforesaid, That where the Bounds cannot be fully ascertained by such Freeholders appointed, they shall make Return thereof accordingly, that in such Cases the Surveyor may be ordered to run the Bounds, at the Charge of both Parties, in the same Manner as is before in the said Act provided to be done, where one Party utterly refuses to have his Lands processioned.

CHAPTER VII.

An Act to confirm Bath-Town Common.

(See Ch. 9, Laws 1745.)

I. Whereas a Tract of Land, adjacent to Bath-Town, was granted and surveyed for a Common for the use of the said Town, and is bounded as followeth, viz. Beginning at a marked Pine at the East Branch of the Old Town Creek, running up Captain Burrow's Line to a Bound Oak, West Eight Degrees North, two Hundred Pole; thence to a Marked Pine at David Perkins' Corner, North Eight Degrees East, One Hundred and Three Pole; thence to a Hickory at the Branch, North Ten Degrees East, One Hundred and Seventy Two Pole; thence down the Windings of the Branch and Creek to the first Station; which said Land contains One Hundred and Forty Five acres, but the Title thereof hath never been fully confirmed:

II. Be it therefore 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 General Biennial 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 Land shall be, and is hereby appointed a Common, to lie perpetually for the Use and Benefit of the Inhabitants of Bath-Town, under such Restrictions and Regulations as is or shall be appointed for Town Commons; and that the Inspection and Immediate Care of looking after the said Common, be in the Commissioners of the said Town for the Time being.

CHAPTER VIII.

Obs.

An Act to Repeal the Act, intituled, An Act for Encouragement of Tanning Leather in this Province. (Omitted.)

CHAPTER IX.

An additional Act to the Act, for the Tryal of Mean and Small Causes. (Repealed Ch. 15, Acts 1741, and omitted.)

CHAPTER X.

An Act for Regulating Vestries in this Government, and for the better inspecting the Vestrymen and Church Wardens' Accompts of each and every Parish in this Government.

1734.

Gabriel John

At a General Assembly, held at Edenton, in Chowan Precinct, in the Year of our Lord One Thousand Seven Hundred and Thirty Four. ston, Esq., Governor.

CHAPTER I.

An Act Stamping and Exchanging the present Bills of Currency of this Province, and for the better explaining An Act of the General Assembly, passed the Twenty Seventh Day of November, One Thousand Seven Hundred and Twenty Nine, intituled, An Act for making and emitting the Sum of Forty Thousand Pounds public Bills of Credit of North Carolina. Obs.

(Omitted.)

CHAPTER II.

An Act Repealing a Clause in an Act, intituled, An Act relating to Biennial and other Assemblies, which impowers Freemen of the several Precincts to vote for Members of Assembly, and declaring what Persons shall be qualified to vote for Members to Sit in General Assembly, and also Qualification of Members for the future.

(Repealed Ch. 1, Acts 1743, and omitted.)

CHAPTER III.

An Act for reviving An Act, intituled, An additional Act, to the Act for Tryal of Mean and Small Causes.

(Repealed Ch. 15, Acts 1741, and omitted.)

CHAPTER IV.

An Act for laying a Duty on Liquors, for and towards defraying the contingent Charges of the Government; and to make a Poll-Tax on the poorer Inhabitants more easy. Exp.

(Omitted.)

CHAPTER V.

An Act to ascertain the Allowance of His Majesty's Council, and the Members of Assembly of this Province. Exp.

(Omitted.)

CHAPTER VI.

An Additional Act to the Act concerning Roads and Ferries.

(See Ch. 36, Laws 1715.)

I. Whereas by the aforesaid Act, the several Precinct Courts in this Province, are invested with Power and Authority to settle Ferries, to lay out Roads to appoint Surveyors thereof, and to direct where Bridges are to be made, in their several Precincts; and likewise to order Fines and Penalties to be levied on such Persons as shall refuse or neglect to work thereon; which Fines and Penalties to be levied on such Persons so refusing or neglecting, being very small, and the Method of levying or recovering of them so tedious, that the intention of the aforesaid Act is greatly defeated: For Prevention for the future, and the better to enable the said Court, the several Members thereof, and the Persons that are by them appointed, to execute and perform their several Offices and Duties:

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, That from and after the Ratification of this Act, the Court of each and every Precinct within this Province, shall have full Power and Authority, and they are hereby authorized and impowered, to compel all Persons that now do, or hereafter shall be allowed and appointed to keep any Public Ferries in any of their several and respective Precincts, to give good and sufficient Security, in the Sum of One Hundred Pounds, Current Money, payable to his Majesty, his Heirs and Successors, with Condition, That he or they shall and will constantly find, provide, and keep good, sufficient Boats, or other proper Crafts, in good Repair, always to be well attended for Transportation of Travellers, their Horses, Cattle, Carts or Carriages and if any Persons shall presume, for Hire or Reward, to transport, carry, or convey any Travellers or Persons, their Horses, Cattle, Carts or Carriages, over any River or Creek, within Ten Miles of any Ferry heretofore appointed, or that may and shall hereafter be appointed and established, as aforesaid, on the same River or Creek where such Ferry is appointed, the said Person or Persons so offending shall forfeit and pay the Sum of Five Pounds for every such Offence; to be recovered by a Warrant from Two Justices of the Peace, in the Precinct where the same shall be committed; one Half to the party injured, and the other Half to him or them that shall sue for the same: Any Thing in the aforesaid Act to the contrary, in any wise notwithstanding.

III. And be it further Enacted, by the Authority aforesaid, That any Surveyor of the Roads for the future, that shall refuse to act when so appointed, or shall neglect or refuse to do his Duty, after Notice given, as in and by the aforesaid Act is directed, unless hindered by extreme bad weather, such Surveyor shall forfeit and pay, for every such Offence, the Sum of Ten Pounds; to be recovered by a Warrant from two Justices of the said Precinct where such Offence shall be committed, over and above the Damages which shall be sustained by any Person or Persons that shall or may be injured by such Neglect: Which Damages shall and may be recovered by Action, Bill, Plaint, or Information, in any Court of Record in this Province: And the said Surveyors having duly summoned, or caused to be summoned, all the Male Tithables in his or their several Districts, as in the aforesaid Act is directed, (excepting such Persons as are therein and thereby exempted from the working on the Roads), upon their Neglect or Refusal to do and per

form such their Service, and on being summoned before the next Magistrate, (unless he can then shew a reasonable Cause for such his Neglect or Refusal, to be allowed of by the said Magistrate,) he or they so offending shall forfeit and pay the Sum of Ten Shillings, for every Day's neglect or Refusal with Costs; to be recovered and levied by an order from the said Magistrate, instead of the Fine of Five Shillings therein mentioned, which said Fine of Ten Shillings shall be applied as in and by the aforesaid Act is directed.

IV. And be it further Enacted, by the Authority aforesaid, That upon proper Application made to any of the Precinct Courts in this Province, for clearing of navigable Creeks in any of their several Precincts, it shall and may be lawful for the said Courts, and they are hereby authorized and impowered, to appoint such Surveyors of the Roads as live most convenient and contiguous to such Creeks, with their Companies, to do and perform the same, at some convenient Season that shall happen, within One Year after such Application; and upon Neglect or Refusal of such Surveyor or Company, or any of them, to do and perform such Work and Service, after due Notice, upon due Proof thereof, he or they so refusing or neglecting, shall be liable to the same Fines and Forfeitures as for Neglect or Refusal of their Service on the Roads; to be recovered and applied as is hereinbefore expressed: Any Law, Usage, or Custom, to the contrary, in any wise, notwithstanding.

V. And be it further Enacted, by the Authority aforesaid, That from and after the Ratification of this Act, every Surveyor of any Road within the County of Albemarle, shall forthwith cause the Road whereof he is Surveyor, or for any Road hereafter to be laid out, to be cleared, Twenty Feet clear of all Trees, and every Causeway or Bridge within his District, to be Ten Feet wide.

VI. And be it further Enacted, by the Authority aforesaid, That nothing contained in this Act shall effect or make void any Thing in an Act, passed this present Session, Concerning Roads, &c., for the County of Bath.

CHAPTER VII.

An Act for laying out, making, altering, and keeping in Repair the several Roads and Highways within the several Precincts of the County of Bath, and for Building Bridges, and cleansing and keeping clean the several Rivers and Creeks within the same. Rep.

(Omitted.)

CHAPTER VIII.

An Act to Confirm and Establish the Precincts of Onslow and Bladen, and for appointing them distinct Parishes.

I. Whereas by an Act, intituled, An Act for regulating Vestries in this Government, and for the better inspecting Vestrymen and Church wardens' Accompts of each and every Parish in this Government, it is Enacted, That the Southern Part of this Province shall be erected into a Precinct, by the name of New Hanover Precinct, and bounded to the Northward by the Haulover, and Little Inlet, and to the Southward by the Southernmost Bounds of the Province; and as the Precinct of New Hanover is now be come very populous, and the Extent thereof being found too incommodious