arise by force of this Act, or which shall properly be a parish charge, altho' not mentioned in this Act, It shall & may be Lawful for the several Church-Wardens & Vestryman or the greatest part of them & their Successors in every respective precinct or parish aforesaid to raise & levy money by the Poll so as the same do not exceed Five Shillings by the Poll per Annum: which sum or sums of money so laid equally by a Poll-tax, shall after Twenty days notice given by the Church Wardens to the parishioners be paid by the time appointed for the payment thereof, either at the Glebe Church, Chappel, or at such other place as by the Church-Wardens shall be appointed, under the Penalty of Double Distress to be made by the ChurchWardens on the Goods of such person refusing or neglecting to bring the same by the time appointed.

XIII. And Be It Further Enacted, by the Authority aforesaid, that the Church-Wardens of every precinct or parish aforesaid shall take due care & order that all such sum or sums of money as vestry shall order & appoint be duly raised & applyed & payed to such Uses as by the said Vestry shall be directed for which the Church Wardens shall be allowed on their Ac'ts the sum of Three pr. cent & no more. And if any Church-Warden shall refuse or Neglect to perform his duty therein he shall be obliged to make good & pay all such sum or sums so ordered by the said Vestry to such person or persons as should have had the same had the Taxes been duly levied & paid, excepting Insolvents. And to prevent Illegal & Unlawful Marriages not Allowable by the Church of England but forbidden by the Table of Marriage.

XIV. Be It Enacted by the Authority aforesaid that no Minister, Priest, or Magistrate (who is hereby impowered to join persons together in Marriage in such Parishes where no minister shall be resident) either upon Licence, or after the persons intending to marry have had the Banns of Matrimony published Three times by the Clerks at the Usual place of celebrating Divine service, by affixing such their intentions at the Court-House door two distinct Courts, shall presume to join together in marriage any person whatsoever contrary to the Table of marriages which the Church-Wardens &. Vestry are hereby to cause to be set up in all Churches & Chappels under the penalty of Five pounds: Nor shall any persons forbidden to further marry by such Table of Marriages presume to be joined together in Marriage under the like Penalty of Five Pounds & that no Lay person in any parish where a minister or Priest is resident shall join any persons in Marriage under the Penalty of Five Pounds: One half to the parish for the Use of the poor & the other to the Minister resident or incumbent: And that it shall & may be Lawful for every Minister to take & receive of every person or persons by him married the sum of Five Shillings & no more. izing such Marriage.

EDW'D MOSELE 1,

Speaker.

Provided such persons

CHAS. EDEN,
N. CHEVIN,

C. GALE,

FRAN. FOSTER,

T. KNIGHT.

CHAPTER IX.

(Substantially re-enacted by Act 16 Oct., 1749.)

An Act for Liberty of Conscience & that the Solemn Affirmation of the People called Quakers shall be accepted instead of an Oath in the usual form.

I. Be It Enacted by His Excellency the Palatine & the rest of the True & Absolute Lords Props. of Carolina, By & with the advice & consent of this present General Assembly, now met at Little River for the North East part of the said province.

II. And It is Hereby Enacted that all Protestant Dissenters within the Government shall have their Meetings for, the exercise of their Religion without Molestation. Provided that the same be Publick & subject to such rules, regulations & restrictions as by the several acts of Parliament of the Kingdom of Great Brittain relating to Protestant Dissenters are made & provided.

III. And whereas divers Dissenters commonly called Quakers refusing to take an Oath in Courts of Justice & other Places are lyable to be impris oned & their Estates sequestred by Process of Contempts Issuing out of such Courts to the Ruin of themselves & familyes:

IV. Be it Therefore Enacted by the Authority aforesaid that from and after the Ratification of this Act every Quaker within this province who shall be required upon any lawful occasion to take an Oath in any case where, by Law, an Oath is required, shall instead of the usual form, be permitted to make his or her solemn affirmation or declaration in the words following, viz.: I, A. B., do declare in the presence of God, the witness of the truth of what I say. Which said solemn Affirmation or Declaration shall be adjudged & taken to be of the same force & effect to all intents & purposes in all Courts of Justices or other places where, by Law, an Oath is required within this Province as if such Quaker had taken an Oath in the usual form.

V. And Be It Further Enacted by the Authority aforesaid that if any Quaker making such solemn Affirmation or Declaration shall be lawfully convicted wilfully, falsely, & corruptly to have affirmed or declared any matter or thing, which if the same had been in the usual form would have amounted to wilful & corrupt perjury, every such Quaker so offending shall incurr the same penaltyes & forfeitures as by the laws & statutes of the Kingdom of Great Britain are enacted against persons convicted of willful & corrupt Perjury.

VI. Provided & Be It Enacted that no Quaker or reputed Quaker shall by Virtue of this Act be qualified or permitted to give evidence in any criminal causes, or to serve on any Jury, or bear any Office or place of profit or Trust in the Government-anything in this Act contained to the Contrary, in any wise, Notwithstanding,

EDW'D MOSELEY,
Speaker.

CHAS. EDEN,

N. CHEVIN,

C. GALE,

FRAN. FOSTER,

T. KNIGHT.

CHAPTER X.

(Repealed by His Majesty's Order.)

Act Relating to the Biennial & Other Assemblys & Regulating Elections &

Members.

I. Whereas His Excellency the Palatine & the rest of the true & Absolute Lord's Proprietors of Carolina, having duely considered the priviledges & immunities wherewith the Kingdom of Great Brittain is endued & being desirous that this their province may have such as may thereby enlarge the Settlement & that the frequent sitting of Assembly is a principal, safeguard of their People's priviledges, have thought fit to enact. And Be It Therefore Enacted by the said Pallatine & Lords Proprietors by & with the advice & consent of this present Grand Assembly now met at Little River for the North East part of the said province:

II. And it is Hereby Enacted that for the due election & Constituting of Members of the Biennial & other Assemblys it shall be lawful for the Freemen of the respective precincts of the County of Albemarle to meet the first Tuesday in September every two years in the places hereafter mentioned-That, is to say the inhabitants of Chowan at the land laid out, for a Town on the fork of Queen Ann's Creek, The Inhabitants of Perquimans at the upper side of the mouth of Sutton's Creek; the Inhabitants of Pasquotanck at the plantation now in the possession of Mr. Joseph Glaister on New Begun Creek; The inhabitants of Corratuck at the plantation of Mr. Thomas Vandermulin; The inhabitants of Beaufort in Bath Town; The inhabitants of Hyde precinct at the plantation of Mr. Webster's on the West side of Matchapunga River; the inhabitants of Craven at Swift's Plantation at the mouth of Hancock's Creek; The inhabitants of New Bern at the Town so called; And then & there to choose such members as are to sit in the Assembly which shall be Five freeholders out of every precinct in Albemarle County aforesaid.

III. And Be It Further Enacted that it is & may be lawful for the inhabitants & freemen in each Precinct in every other County or Counties that now is or shall be hereafter erected in this Government aforesaid to meet as aforesaid at such place as shall be judged most convenient by the Marshall of such county, unless he be otherwise ordered by the special commands of the Governor or Commander in Chief to choose two freeholders out of every precinct in the county aforesaid to sit & vote in the said Assembly.

IV. And Be It Further Enacted that the Burgesses so chosen in each precinct for the Biennial Assembly shall meet and sitt the first Monday in November then next following, every two years, at the same place the Assembly last satt except the Pallatines Court shall by their proclamation published Twenty days before the said meeting appoint some other place and there with the consent & concurrence of the Pallatine Court shall make & ordain such Laws as shall be thought most necessary for the Good of this Government. Provided allways & nevertheless that the Powers granted to the Lord's Proprietors from the Crown of Calling, proroguing & dissolving Assemblys are not hereby meant or intended to be invaded, limited or restrained.

V. And It Is Hereby Further Enacted by the Authority aforesaid that no person whatsoever Inhabitant of this Government born out of the allegiance of His Majesty & not made free; no Negroes, Mulattoes, Mustees or

Indians shall be capable of voting for Members of Assembly; & that no other person shall be allowed or admitted to vote for Members of Assembly in this Government unless he be of the Age of one & twenty years and has been one full year in the Government & has paid one year's levy preceding the Election.

VI. And Be It Further Enacted that all persons offering to vote for Members of Assembly shall bring a list to the Marshall or Deputy taking the Pole containing the names of the person's he votes for & shall subscribe his own name or cause the same to be done: And if any such person or persons shall be suspected either by the Marshall or any of the candidates not to be qualified according to the true intent & meaning of this Act, then the Marshall, Deputy Marshall, or other Officer that shall be appointed to take & receive such votes & list-shall have power to administer an oath or attestation to every such suspected person of his qualification & ability to choose Members of Assembly & whether he has not before given in his list at that Election.

VII. And Be It Further Enacted that Every Officer or Marshall which shall admit of or take the vote of any person not truly qualified according to the purport & meaning of this Act (provided the objection be made by any candidate or Inspector) or shall make undue return of any person for Member of Assembly shall forfeit for such vote taken, so admitted & for such Return Twenty pounds to be employed for & towards the building of any Court House, Church or Chapel as the Governor for the time being shall think fitt; but if no such building require it then to the Lord's Proprietors and Twenty Pounds to each person which of right & majority of votes ought to have been returned: to be recovered by Action of Debt, Bill, Plaint or Information in any Court of Record in this Government wherein no Essoign Wager of Law or Protection shall be allowed or admitted.

VII. And be It Further Enacted that every Marshall or Officer whose business & duty it is to make returns of Elections of Members of Assembly, shall attend the Assembly the first Three days of their sitting (unless he have leave of Assembly to depart) to inform the Assembly of all matters & disputes as shall arise about Elections & shall show to the Assembly the List of the Votes for every person returned & have made complaints of false returns to the Assembly; every Marshall or other Officer as afores'd which shall deny or refuse to attend as afores'd shall forfeit the sum of Twenty pounds to be recovered & disposed of in such manner & form as the For. feitures before by this Act appointed.

IX. And Be It Further Enacted that whatsoever Member or Representative so elected as afores'd shall faile in making his personal appearance & giving his attendance at the Assembly precisely on the day limited by the Writt (or on the day appointed for the meeting of the Biennial Assembly, when the election is for the Biennial Assembly) shall be fined for every day's absence during the sitting of the Assembly (unless by disability or other impediment to be allowed by the Assembly) Twenty Shillings to be levied by a Warrant from the Speaker & to be applied to such uses as the Lower House of Assembly shall think fitt.

X. And be It Further Enacted that every member of Assembly that shall be elected as aforesaid after the Ratifying of this Act shall not be qualified to sitt as a Member in the House of Burgesses before he shall willingly take the Oath of Allegiance & Supremacy the Adjuration Oath & all such other Oathes as shall be ordered & directed to be taken by the Members of Parliament in Great Britain.

XI.

And Be It Further Enacted that the quorum of the House of Burgesses for voting & passing of Bills shall not be less than one full half of the House & that no Bills shall be signed & Ratified except there be present Eight of the Members whereof the Speaker to be one. And in case that eight Members shall meet at any Assembly those eight shall have full power to adjourn from day to day till a sufficient number can assemble to transact the Business of the Government.

EDW'D MOSELEY,

Speaker.

CHAS. EDEN,

N. CHEVIN,

C. GALE,

FRAN. FOSTER,

T. KNIGHT.

CHAPTER XI.

Coroners Appointed.

I. Be it Enacted by His Excellency the Pallatine & the rest of the True & Absolute Lords Prop's of Carolina by & with the advice & consent of this present General Assembly, now met at Little River for the No. East part of the said province.

II. And It Is Hereby Enacted that there shall be one able & substantial Freeholder appointed to be Coroner in every precinct which now is or hereafter shall be laid out within this government which Officer the Governor & Commander in Chief is hereby Desired, Authorized & Empowered by Commission under his hand & seal to Commissionate & appoint who shall by Virtue of this Act & such Commission granted yr. upon be fully invested with all such powers & Authorityes as to the office of a Coroner by the Laws & Customs of the Kingdom of Great Britain do of right belong or ap pertain.

III. And Whereas by reason of the distance of Places & difficulties of Passages such charge may accrue to the said Coroner in execution of the powers & Authorityes reposed in him.

IV. Be It Further Enacted that every Coroner so appointed & he is hereby Impowered to take & receive for every Inquest by him made Taken & returned into the Secretary's office (which he is hereby required, directed & commanded within three Months after the date thereof to do) the sum of Sixteen Shillings & Eight Pence for his own Fee.

V. And Be It Further Enacted that each Juryman shall be paid the sum of Twelve Pence pr. Diem & the Constable who summoneth the Jury the sum of one Shilling for every Juryman: the whole to be levied by a Warrant from the Coroner upon the Estate of the party on whose body an Inquest shall be taken if any such can be found otherwise such Charges to be paid out of the Public Treasury.

EDW'D MOSELEY,

Speaker.

CHAS. EDEN,

N. CHEVIN,

C. GALE,

FRAN. FOSTER,

T. KNIGHT.