or Wager of Law, shall be allowed; and moreover, such Sheriff so failing as aforesaid, shall be liable to an Action at Common Law, at the Suit of the Party injured, for any Damage which shall be sustained by such failure: And if any Sheriff by himself, Officer or Deputy, having executed any Writ or Precept to him directed, shall, by himself, Officer, or Deputy, make false Return thereof, every such Sheriff so offending, shall forfeit and pay the Sum of Ten Pounds Proclamation Money, to be recovered and applied as aforesaid; and also, shall be liable to an Action at Common Law, at the Suit of the Party grieved, for any Damage which shall be sustained by such false Return. XII. Provided always, That it shall not be lawful for any Sheriff, or his Officer, or Deputy, to execute any Writ or Precept upon the Lord's Day, commonly called Sunday, or upon any Person excepted, or upon the several Days prohibited by the Laws of this Province; and the Execution of any Writ or Precept contrary to the True Meaning hereof, is hereby declared to be null and void: Anything herein contained to the Contrary notwithstanding. ✔ XIII. Provided nevertheless, That it shall and may be lawful for the Sheriff, his Officer, or Deputy, at any Time or Place whatsoever, to arrest and apprehend any Person for Treason or Felony, or Suspicion of Felony, or being accessory thereto, or for any Riot or Breach of the Peace, or upon any Escape out of Prison; any Thing therein contained to the contrary thereof, notwithstanding. XIV. And be it further Enacted, by the Authority aforesaid, That no Sheriff, or any of his Officers, or Deputies, shall take, or cause to be taken or made, any Obligation, for any Cause whatsoever, by Colour of their Office, but only to themselves, of any Person, nor by any Person, which shall be in their Ward, by the Course of the Law, but by Name of their Office, and upon Condition Written, That the Prisoner or Prisoners shall appear at the Day contained in the Writ, Precept, Bill, or Warrant, and in such Places as the aforesaid Writs, Precepts, Bills or Warrants, shall require, and any Sheriff or other Officer taking an Obligation in any Form, by Colour of that Office, the same shall be null and void. XV. Provided always, That it shall and may be lawful, to and for any Sheriff or other Officer, to take such other Obligation of any Person or Persons in their Ward, as is or shall be particularly and expressly directed, by any other Act, upon any special Case therein mentioned; any Thing herein contained to the contrary, notwithstanding. XVI. And be it further Enacted, by the Authority aforesaid, That if any Writ or Precept, in any Civil Action, shall be directed to any Sheriff or other Officer, to attach the Body of any Person which is not to be Found within the County where such Sheriff or other Officer resides, in such Case, Return of the same Writ or Precept within the Time limited shall be made, according to the Truth of the Case, and if the Person against whom such Writ or Precept issued, shall not appear, being thereto lawfully called, by Proclamation, in open Court, at the return thereof, an Attachment shall be awarded against his Estate, returnable at the next Court, at which Time, if the Defendant shall fail to appear, the Estate so attached, or so much thereof as shall be sufficient to pay what shall appear to be due to the Plaintiff, with Cost of Suit, shall be subject to such Rules and Regulations as by the Laws of this Province are made and Provided; but if at the Return of the Attachment as aforesaid, the Defendant shall appear, and give special Bail, then the Attachment shall cease and become void, and the Tryal shall proceed as in other like Cases, and as if the Defendant had appeared at the Return of the first Writ or Precept. XVII. Provided always, That no Sheriff or other Officer, shall make Return upon any Writ or Precept, against whom the same issued is not to be found, until he shall have been at the Dwelling house or Place of Residence of such Person, and not finding him, shall there have left an attested Copy of the same Writ or Precept. XVIII. Provided also, That if any Writ or Precept shall be delivered to any Sheriff or other Officer, to attach the Body of any Person being a known Inhabitant of another County, and not of the County where the said Sheriff resides, in such Case the Sheriff or Officer shall make Return according to Truth of the Case, and not that the Person is not to be found in his County; and thereupon an Alias shall issue, directed to the Sheriff where such Defendant may reside, and that no Variance of the Addition of the Place of Abode shall be deemed Error. XIX. And be it further Enacted, by the Authority aforesaid, That from and after the Ratification of this Act, it shall and may be lawful for the Sheriffs of the several Counties of this Province, to take and receive to themselves, the several Fees appointed by the Laws of this Province: and liable to, the Penalties for taking extravagant or more Fees than are by Law established. XX. And be it further Enacted, by the Authority aforesaid, That the Sheriff or Deputy of each County shall, by Turns, attend the General Court, according to a Rule, to be established by the said Court; and shall and are hereby impowered, in Case of default or non-Appearance of Jurors on any principal Pannel, to summon any By-standers, that are Freeholders and qualified to serve as Jurors, tho' such Freeholder or Freeholders may reside in any other County than where the General Court is Held; and that every Sheriff, or his Deputy, shall constantly attend at the Court of the County for which he is Sheriff. XXI. And whereas Sundry Suits have been, and are now depending in the General Court, or the Courts heretofore called Precinct Courts in this Province, the Process whereof have been executed by the Provost-Marshal or his Deputies: Be it Enacted, by the Authority aforesaid, That in all such Cases, the Provost-Marshal in whose Time such Process was executed, shall be as liable and subject to such payments and Orders of the General Court, or the Courts heretofore called Precinct Courts, as he might or ought to have been if this Act had never been made, and shall be intituled to the same Fees as by Law are appointed in such Case: Any Thing Herein contained to the contrary, notwithstanding. XXII. And be it further Enacted, by the Authority aforesaid, That from and after the Twenty-fifth Day of March, in the Year of our Lord One Thousand Seven Hundred and Thirty Nine, the Office of Provost-Marshal in this Province shall be abolished, and totally cease and determine, as if such Office had never been, And that from and after the Ratification of this Act, the several Precincts within this Province shall be called Counties. XXIII. And Whereas the Office of Provost-Marshal, by this Act abolished, is vested in Robert Halton, Esq.: who being willing for the Public Good, to give up the said office, and the Assembly taking the same into Consideration, have agreed to give the said Robert Halton, Esq., the Sum of Two Thousand Pounds, Current Bills of Credit of this Province. XXIV. Be it Enacted by the Authority of the same, That the said Robert Halton, Esq., have the said sum of Two Thousand Pounds paid him out of the Public Money of this Province; One Thousand Pounds thereof to be paid at passing of this Act, and the other Thousand Pounds thereof to be paid within Three Years next after, if this Act be not, within that Time, Repealed, or upon Notice of the Royal Assent being given to this Act, to be placed in the Estimate of the Public Accounts of this Province, before the breaking up of this Session; and for which, after the Expiration of the said Three Years, or Notification of the Royal Assent to this Act, which shall first happen, it shall and may be lawful for the Governor or Commander in Chief for the Time being, to issue his Warrant for the same. CHAPTER IV. An Act, facilitating the Navigation of the several Ports of this Province and for Buoying and Beaconing the Channels leading from Ocacock Inlet, to Edenton, Bath-Town and New Bern, and from Top-sail Inlet, to Beaufort Town, and other Ports and Inlets within the said Province herein mentioned; and for providing sufficient Pilots for the safe Conduct of Vessels. (Repealed Ch. 10, Acts 1748, and omitted.) CHAPTER V. An Act, declaring what shall be deemed a sufficient Cultivation of Lands already granted, or hereafter to be granted, by His Majesty; and for ascertaining the Manner of granting lapsed Lands. (Repealed by Orders in Council and omitted.) CHAPTER VI. An Act, for appointing Circuit Courts, and for enlarging the Power of the County Courts. (Repealed Ch. 2, Acts 1746, and omitted.) CHAPTER VII. An Act, to appropriate Two Thousand Pounds, Current Bill Money, to erect a sufficient Gaol, and Office and Place for the safe keeping the Records of the General Court, and for Repairing the Court-House at Edenton; and for other purposes therein mentioned. Obs. (Omitted.) CHAPTER VIII. An Act, for the Encouragement and Better Regulation of the Town of Edenton, (Repealed Ch. 1, Acts 1740, and omitted.) CHAPTER IX. An Act, for destroying Vermin within this Province. Exp. (Omitted.) CHAPTER X. An Act, to Prevent killing Deer, at Unseasonable Times. 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 it shall not be lawful to kill or destroy any Deer, running wild in the Woods, or unfenced Ground, in this Government, by Gun, or other Ways and Means Whatsoever, between the Fifteenth Day of February, in each Year, and of the Fifteenth Day of July succeeding, after the Ratification of this Act, And if any Person, not being a Servant or Slave shall kill any Deer contrary to this Act, and be thereof lawfully convicted, the said Person, for every Deer so killed or destroyed, shall forfeit and pay the Sum of Five Pounds, current Money. II. And be it Further Enacted, by the Authority aforesaid, That if any Servant or Slave, by Order or Command of his or her Master, Mistress, or Overseer, shall kill or destroy any Deer, contrary to this Act, the Master, Mistress, or Overseer giving such Order or Command, and being thereof lawfully Convicted, for every Deer so killed or destroyed, as aforesaid, shall forfeit and pay the aforesaid Penalty of Five Pounds, as if the said Master, Mistress, or Overseer had actually committed the Offence. III. And be it further Enacted, by the Authority aforesaid, That if any Servant or Slave, of his own accord, without any Order or Command from his or her Master, Mistress, or Overseer, shall kill, destroy, or buy any Deer, contrary to this Act, and be thereof convicted, by the Oath of One credible Witness, before a Justice of the Peace of the County wherein the Offence was committed, for every Deer so killed, or destroyed as aforesaid, the said Servant or Slave shall have and receive, on his or her bare Back, Thirty Lashes well laid on, to be inflicted by Order of the said Justice before whom the said Conviction shall be, unless some sufficient Person will become bound to pay, for the said Servant or Slave, the Sum of Five Pounds Current Money, within Six Months, in Lieu of the said Punishment aforesaid, to the Church Wardens of the Parish where the Offence is committed, for the Uses directed by this Act. IV. And be it further Enacted, by the Authority aforesaid, That one Moiety of the Forfeitures of this Act, shall be to the Church Wardens of the Parish where such Offence is committed, for the use of the Parish, and the other Moiety to the Informer, to be recovered, with Costs, by a Warrant from any Justice of the Peace within this Government; saving unto all Free People, the Right of Appeal to the County Court where the Offence is committed: Which said Court is finally to determine the same: wherein no Essoign, Protection, or Wager of Law, shall be allowed or admitted of. CHAPTER XI. An Act, for appointing a Town on the Plantation where William Webster now Dwelleth, in Hyde County, on the West Side of Matchapungo River. (Printed in Private Acts, post.) Signed by GABRIEL JOHNSTON, ESQ., Governor. WILLIAM DOWNING, Speaker. 1738. At a General Assembly, held at New Bern, the Eighth Day of March, in the Year of our Lord One Thousand Seven Hundred and Thirty Eight. Gabriel' Johnston, Esq., Governor. CHAPTER I. An Act, to supply the defect of an Act, passed last Session of Assembly, intituled, An Act, for appointing Sheriffs in the Room of Marshaalls 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 by the aforesaid Act of Assembly, it was, among other Things, Enacted, That the Court of every County in this Government, at the first Court that shall be held in each County next after the Ratification of this Act, shall recommend to the Governor of this Province, Three such Justices of 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 next succeeding Years; of which Three Persons so recommended, the Governor shall commissionate such one of them as to him shall seem meet, to execute the said Office: And whereas it was therein further Enacted, That from and after the Twenty Fifth Day of March, in the Year of our Lord One Thousand Seven Hundred and Thirty Nine, the Office of ProvostMarshall of this Province, be abolished and cease, and whereas the Office of Provost-Marshall will cease a considerable Time before Sheriffs can possibly be appointed, according to the Directions of the aforesaid Act, in which Interval of Time no Person or Persons are, by the said Act, authorized to execute the Office of Sheriffs of the respective Counties of this Colony, or any of them, whereby a great Failure of Justice must ensue, unless remedied: 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 the Governor, or Commander in Chief of this Colony, shall and may constitute and appoint Sheriffs, for each and every County within this Government, to execute their several Offices, from and after the aforesaid Twenty Fifth Day of March, in the Year of Our Lord One Thousand Seven Hundred and Thirty Nine, for and during the Term of Two Years, thence next ensuing; and in Case of Death or the Removal out of this Province of any of them, to commissionate others in their Room, to execute the said Office, for and during the Time then in such case unexpired of the said Two Years And such Sheriffs so constituted by the Governor, are hereby authorized to execute their several Offices, in as full and ample Manner, to all Intents and Purposes, as if they were appointed according to the Directions of the aforesaid Act. III. Provided always, That every Sheriff so appointed, shall give Bond, with sufficient Securities, in the Sum, and in the Manner by the aforesaid 129 23-9 |