to many of the Inhabitants thereof, particularly those of New River, and the upper part of the Northwest River:

II. We therefore 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 a Precinct be erected at New River, by the Name of Onslow Precinct; and that the said Precinct be Bounded to the Northward by Whiteoak River, from the Mouth to the Head thereof; and to the Southward, by a creek that comes out of the Sound, and comes across New River Road, called the Bay Swamp, or Beasley's Creek.

III. And be it further Enacted by the Authority aforesaid, That the upper Part of the Northwest River be erected into a Precinct, by the Name of Bladen Precinct; and that the said Precinct be bounded to the Southward as follows, viz., Beginning at the Mouth of Livingston's Creek, and bounded by the said Creek to the head thereof; and then, by a Line West, to the Bounds of the Government; and that the said Precinct be Bounded to the Northward by Black River, as follows: viz., Beginning at the Mouth of the said River, and bounded by the Main River up to the Fork, and that then the Westermost Branch be the Bounds to the Head thereof.

IV. And be it further Enacted by the Authority aforesaid, That the said Precinct of Onslow be a distinct Parish, by the Name of St. John's Parish, and shall have all the Rights and Privileges that any other Parish in this Government now holds or enjoys.

VI. And be it further Enacted by the Authority aforesaid, That each of the above said Precincts are hereby invested with the same Powers and Privileges, as any other of the Southern Precincts have and enjoy.

VII. And be it further Enacted by the Authority aforesaid, That the Justices of the aforesaid Precincts shall have full Power and Authority to appoint a Place for a Church, Court-house, and Prison, and to Tax all taxable Persons in the said Precincts, for raising a Sum of Money sufficient to defray the Charges of the above Public Buildings, pursuant to an Act, intituled, an Act for settling Precinct Courts and Court-houses.

VIII. And whereas there hath been several Courts held in the Precinct of Onslow, by a Commission from the late Governor, George Burrington, Esq.: therefore, Be it Enacted by the Authority aforesaid, That all Proceedings of that Court (saving the Right of Appeal), are hereby declared good and valid. IX. And be it further Enacted, by the Authority aforesaid, That the Precinct of Bladen is hereby erected into a Parish by the Name of St. Martin's Parish: But whereas the said Parish is in Arrear of Parish Money to the Vestry and Church Wardens of St. James's Parish; to which they formerly belonged; therefore, It is hereby Enacted, That the Arrear aforesaid shall be paid to the Vestry or Church Wardens of St. James's Parish: And if any Person shall neglect or refuse to pay the same, it shall and may be lawful for the Vestry or Church Wardens to take such Ways and Means to recover the same as the Laws of this Province direct them to have, within the Parish of which they are the Vestry and Church Wardens.

CHAPTER IX.

An Act for granting to His Majesty the Sum of Fourteen Thousand One Hundred and Fifty Pounds Three Shillings and Two Pence, for the Service of the Public of this Province, and for laying a Tax on the Inhabitants of the same for the Payment thereof; and for Stamping the Sum of Ten Thousand Pounds, Bills of Credit for the more immediate Discharge of Part thereof. Obs.

(Omitted.)

Signed by,

GABRIEL JOHNSTON, ESQ., Governor,
William Smith, President.

WILLIAM DOWNING, Speaker.

1738.

Gabriel

At a General Assembly held at New Bern, the Sixth Day of March, in the Year of Our Lord One Thousand Seven Hundred and Thirty Eight. Johnston, Esq., Governor.

CHAPTER I.

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

(Repealed by Orders in Council and Omitted.)

CHAPTER II.

An Act to prevent the concealment of Tithables in the several Counties within this Province, for declaring what Persons shall be deemed Tithables, and for defraying the standing and contingent Charges of Government of their Continuance in Office, and directing their Duty therein, and for Granting to his Majesty a Poll-Tax of Five Shillings per Head, to be levied on the Tithable Inhabitants of this Province.

(Repealed Ch. 2, Acts 1743, and omitted.)

CHAPTER III.

An Act for appointing Sheriffs in the Room of Marshalls of this Province, for prescribing the Method of appointing them, and for limiting the Time of their Continuance in Office, and directing their Duty therein, and for Abolishing the Office of Provost Marshall of this Province; and for altering the Names of the Precincts into Counties.

I. Whereas the Office of Provost Marshall hath been found to be very inconvenient in this extended Province, the Deputy Marshal not only neglecting, but frequently refusing to do their Duty, to the great delay of Justice, which hath occasioned great Murmurs and Discontents among the Inhabitants of this Province, for Remedy whereof, and to the End that Justice may be more effectually administered, and that Sheriffs may be appointed in each and every County within this Government;

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 by the Authority of the same, That the Court that shall be held in each and every County next after the Ratification of this Act, and successively at the said Courts every Two Years, shall recommend to the Governor or Commander in Chief of this Province for the Time being, Three such Persons (being Justices in the same County Court) as they shall think most fit

and able, to execute the Office of Sheriff for their respective Counties, for the two then next succeeding Years; of which Three Persons so recommended, the said Governor or Commander in Chief shall accordingly Commissionate such one as to him shall seem meet for the said Office of Sheriff within such County, for the Two next ensuing Years after such Nomination; during which time the said Sheriff shall not act as a Justice of the Peace in that County.

III. And be it further Enacted, by the Authority aforesaid, That no Person shall, at any time hereafter, be capable to execute or enjoy the Office of Sheriff of any County within this Province, unless such Person, at the Time of his entering into and upon the said Office of Sheriff, shall be a Justice of the Peace in the same County; neither shall it be lawful for any Person to execute or enjoy the said Office for any longer than Two Years, next succeeding each other.

IV. And be it further Enacted, by the Authority aforesaid, that when any Person shall have obtained any Commission for the Office of Sheriff of any County, before he shall be admitted to take the Oath of a Sheriff, or shall enter upon the Execution of his said Office, he shall, at the Court of his County, enter into Bond, to our Sovereign Lord the King, his Heirs and Successors, with Two good and sufficient Securities, in the Sum of at least Five Hundred Pounds Sterling, for his true and faithful Performance of his Office: Which Bond the said County Court is hereby impowered and required to take, and cause to be acknowledged before them in open Court, and recorded in the Records of the County; and shall also, besides taking the Oaths appointed by law for Public Officers, take the following Oath:

I, A. B., do solemnly swear, That I will truly and faithfully execute the Office of Sheriff of the County of C. to the best of my Skill and Ability agreeable to Law; and that I will not take or receive any Bribe from any Person for returning any man to serve as a Juror on any Jury, or for making false Returns of Writs, during the Time I shall continue in the said Office. So help me God.

V. And be it further Enacted, by the Authority aforesaid, That every Person hereafter commissioned to be a Sheriff, for any County within this Province, upon a Recommendation of the County Court in Pursuance of this Act, and thereupon refusing to accept the Office of Sheriff, and to perform the Duty thereof, shall forfeit the Sum of Eight Pounds, Proclamation Money, payable to the next succeeding Sheriff; to be recovered as other Fines and Forfeitures in this Act directed.

VI. And be it further Enacted, by the Authority aforesaid, That if any County Court shall hereafter neglect or refuse to recommend Three Persons to be Sheriffs, according to the Directions of this Act, it shall and may be lawful, in such Cases, for the Governor or Commander in Chief of this Province for the Time being, and he is hereby impowered, to appoint, by his Commission, any one Person, nominated a Justice of the Peace for the said County, as he shall think Proper, Tho' such Person be not then sworn a Justice; and if such Person shall hereafter refuse to accept the Sheriff's Office and to perform the Duty thereof, pursuant to his Commission, he shall forfeit the Sum of Eight Pounds Proclamation Money; to be paid as aforesaid. VII. And be it Enacted, by the Authority aforesaid, That if any Person, being one of Three Persons recommended by the Justices of the County and appointed Sheriff in Pursuance of the said Act, shall happen to die in the Time of his Sheriffalty, it shall and may be lawful, in such Case, for the Governor or Commander in Chief of his Province for the Time being, and he

is hereby impowered, to appoint one of the Surveyors recommended as aforesaid, to be Sheriff, in his Room; And when any Sheriff appointed upon a Neglect or Refusal of the County Court to recommend Three Persons, according to the Directions of this Act, shall happen to die in the Time of his Sheriffalty, it shall be lawful for the Governor or Commander in Chief for the Time being, and he is hereby impowered, to appoint by his Commission, any one Person nominated a Justice in the Commission of the Peace; altho' such new appointed Person be not sworn a Justice; And whatsoever Person so appointed Sheriff upon the Death of another, shall refuse to accept the Office of Sheriff, and perform the Duty thereof, pursuant to his Commission, he shall forfeit the Sum of Eight Pounds Proclamation Money; to be recovered and paid as aforesaid.

VIII. Provided always, That no Member of his Majesty's Council, a Member of the House of Assembly, or elected as such tho' acting as a Justice of the Peace, shall be obliged to execute the Office of Sheriff; any Thing contained in this Act to the contrary, notwithstanding.

IX. And be it further Enacted, by the Authority aforesaid, That all Fines and Forfeitures mentioned in this Act, not otherwise applied, shall be to our Sovereign Lord the King, his Heirs and Successors, for and towards the support of this Government, and the contingent Charges thereof; and shall and may be recovered, with Costs, by Action of Debt, Bill, Plaint, or Information, in any Court in this Province wherein no Essoign, Protection, or Wager of Law, shall be allowed or admitted of.

X.

Provided always, That if any Person hereafter appointed to execute the Office of Sheriff, in any County in this Province, shall be willing to execute the same, but cannot get sufficient Security, for the Performance of his Duty therein, as by the said Act is required, shall make Oath, in the Court of the County for which he shall be appointed Sheriff, that he hath used his best Endeavours, truly and bona fide, without Covin and Collusion, to get Security for the Performance thereof, (which Oath the said County Courts are hereby impowered and required to administer) that then such Person making Oath as aforesaid, shall not incur, or be liable to the Forfeiture of the Sum of Eight Pounds Proclamation Money, in this Act mentioned; anything in this Act to the Contrary thereof, in any wise, notwithstanding.

XI. And be it further Enacted, by the Authority aforesaid, That every Sheriff by himself, or his lawful Deputy or Deputies, shall execute all such Writs and Precepts, from Time to Time, as shall be to him directed, according to the Demand thereof; and also, shall make due return thereof in Manner following; that is to say, All Writs and Precepts returnable in any County Court, shall be executed, and Returns thereof made, at least Five Days (excluding Sunday) before the Day therein mentioned for the Return; and all Writs and Precepts returnable in the General Court, shall be executed according to the several Acts of Assembly of this Province, and Return thereof shall be made the First Day of the sitting of the Court: And every Sheriff failing to make sufficient Return of all or any of the Precepts to him directed, as aforesaid, and according to the several Times herein before limited, shall, for every such Offence, forfeit and Pay the Sum of Five Pounds Proclamation Money, unless the Sheriff shew sufficient Cause for such neglect; one Moiety thereof to our Sovereign Lord the King, his Heirs and Successors, for and towards the Support of the contingent Charges of this Government, and the other Moiety to him or them that shall sue for the same, To be recovered, by Action of Debt, Bill, Plaint, or Information, in any Court of Record within this Province, in which no Essoign, Protection,