XI. Be it Enacted, by the Authority aforesaid, That the Justices of the the said County Courts shall, and are hereby directed, to apply the said levy or Tax towards finishing and compleating the Court House already erected in the said Town of Wilmington, and towards building a Gaol in the said Town.

XII. And be it further Enacted, by the Authority aforesaid, That if any one or more of the said Commissioners shall die, or remove out of the County, that then and in such Case, the surviving or remaining Commissioners shall, within Six Months after the Death or Removal of such Commissioner, present to his Excellency the Governor or Commander in Chief for the Time being, Three Persons, one of which the said Governor or Commander in Chief is hereby impowered to nominate and appoint; and the Commissioner so appointed shall be invested with the same Powers and Authorities, as any Commissioner nominated by this Act.

Signed by

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

JOHN HODGSON, Speaker.

1740.

At a General Assembly, held at Edenton, the Twenty First Day of August, in the Year of our Lord One Thousand Seven Hundred and Forty. Gabriel Johnston, Esq., Governor.

CHAPTER I.

An Act, for Confirming Titles to the Town Lands of Edenton, for securing the Priviledges heretofore granted to the said Town, and for further Encouragement and better Regulation thereof.

I. Whereas, Pursuant to the several Acts of Assembly of this Province heretofore passed and Ratified, Four Hundred and Twenty Acres of Land, lying in the Fork of Queen Ann's Creek, in Chowan County, in the Province aforesaid, bounded Eastward, by the Lands of Miles Gales; Northward, by the Lands of William Badham, deceased, and George Lisles; on the Westward, by the Beaver Dam and Creek, and on the Southward, by the Sound, was purchased by the Public, and hath been laid out for a Town, called Edenton, and part thereof divided into Lots of Half Acres, as will more fully appear by the Plan thereof, already laid out, with convenient Streets, Passages, Place for a Church, Governour's House, Court House, Burying Place, Market Place, and Council Room and other Purposes And, by the said Act, were vested, in Fee, in Commissioners or Trustees, to dispose thereof according to the Directions of the said several Acts, many of which Commissioners or Trustees have conveyed Lots or Half Acres to several Persons, who built thereon, and have made a considerable Improvement; and the Residue of the said Four Hundred and Twenty Acres was reserved for a Town Common.

II. And whereas several of the said Acts have been since repealed, expired, or stand suspended, whereby many Inconveniences and Mischiefs, may arise, the Improvement and building of the said Town very much retarded, the Power of the Commissioners and Trustees become dubious, and the Persons Titles to such Lots Precarious: For Remedy whereof, and to Prevent Disputes that may happen, and for the better securing the ancient Priviledges of the said Township, and Regulation thereof.

III.

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 said Four Hundred and Twenty Acres, so purchased and laid out for the said Town of Edenton, pursuant to the said Acts of Assembly, and vested in Commissioners or Trustees, according to the said several Acts, such Commissioners or Trustees so invested, are hereby declared to have a good absolute, and indefeasible Estate, in fee, in such Lands respectively, in Trust and Confidence, to and for the uses of the said several Acts, and the Commissioners and Trustees hereafter mentioned, are hereby declared to have a good, absolute, and indefeasible Estate, in Fee, in all such Lands and Lots which have not been disposed of by the former Commissioners or Trustees, but in Trust and Confidence, to and for the Use and Uses hereinafter mentioned relating to the said Town of Edenton, and for no other Use or Purpose whatsoever; and the said Lands and

Lots are hereby Confirmed to the said Commissioners or Trustees in Fee, to such Use or Uses, Anything in the Repealing, Expiring, Suspension of any of the said Acts, or any other Law, Statute, Usage, or Custom, to the Contrary, notwithstanding.

IV. And be it further Enacted by the Authority aforesaid, That if any Person or Persons have Purchased and paid for any Lot or Lots, Half Acre or Half Acres of Land in said Town of Edenton, of any of the Commissioners or Trustees, pursuant to the said several Acts, and have fully complied with the Conditions in the said several Acts mentioned, such Person or Persons are hereby declared to be vested with, and to have a Good, absolute, and indefeasible Estate, in Fee, to such Lot or Lots, Half Acre or Half Acres of Land; and the same is hereby confirmed, in fee, to such Person or Persons, and to his, her, and their Heirs and Assigns, forever.

V. And be it further Enacted, by the Authority aforesaid, That the Honourable William Smith, Esq.; John Hodgson, Esq.; Abraham Blackball, Joseph Anderson, and James Craven, Gentlemen, are hereby appointed Commissioners or Trustees, to and for the several Uses and Purposes declared by this Act, and Impowered and invested with all the Priviledges hereafter expressed, forever.

Vl. And that the full number of Commissioners may be always kept up, Be it further Enacted, by the Authority aforesaid, That in Case of Death. or Removal out of the County of Chowan, of any of the aforesaid Commissioners or Trustees, at any Time hereafter, the remaining Part of the said Commissioners or Trustees, are hereby authorized and impowered to make Choice of some other Person or Persons, being Freeholders of the said Town to succeed such Commissioner or Commissioners, Trustee or Trustees, so dying or removing as aforesaid; and such Person or Persons so elected or chosen, are hereby invested with as full Power and Authority, to all Intents and Purposes whatsoever, as the aforesaid Commissioners or Trustees now nominated or appointed.

VII. And be it further Enacted, by the Authority aforesaid, That John Hodgson, Esq., one of the Commissioners or Trustees as aforesaid; shall be appointed present Treasurer and Receiver of all Monies arising by Virtue of this Act; and on his Death or Removal out of the County of Chowan, then the First Commissioner shall succeed and be Treasurer, first giving Security, to the Justices of the County Court of Chowan, for the just Performance of the said Trust.

VIII. And be it further Enacted, by the Authority aforesaid, That the Lots of Half an Acre each, or thereabouts, not taken up and disposed of, be disposed of by the Commissioners or Trustees aforesaid, as hereafter in this Act is directed.

IX. And be it further Enacted, by the Authority aforesaid, That the Places already laid out, as by the Plan of the said Town may more fully appear, for Streets, Passages, Church, Governour's House, Court House, Burying Place, Market Place, Prison, Council Room, and Town Common, be reserved for those Uses, and no other.

X. And be it further Enacted, by the Authority aforesaid, That every Person whatsoever who is desirous to be an Inhabitant of the said Town, shall have Free Liberty to take up any Lot or Lots, already laid out and not before taken up; which Lot or Lots the Commissioners or Trustees aforesaid, or any Three of them, whereof the Treasurer to be one, are hereby required, directed, and impowered, to grant, convey, and acknowledge, to the Person or Persons so taking up the same, and to his and their Heirs and

Assigns, for ever, in Fee simple, for the consideration of Ten Shillings Proclamation Money, for each and every Lot by them so granted; which shall be appropriated as by this Act hereafter is directed.

XI. Provided always, That if any Person or Persons whatsoever, shall take up and purchase any Lot or Lots, as in Manner before directed, and shall not build, or cause to be built thereon, for each and every Lot or Lots so taken up and purchased, within Two Years after the Date of the said Conveyance, a good, substantial, Brick, Stone, or framed Habitable House, not of less Dimensions than Twenty Feet long, Fifteen Feet in Width, and Eight Feet in Height, between the first floor and the Joists, or in Proportion for each and every Lot or Lots, or make such Preparation for so doing as the Commissioners, or the Majority of them, shall judge reasonable to secure the same, every such Conveyance shall be, and is hereby declared void and of none effect, as if the same had never been made; and that the same Lots be free and clear for any other Person to take up and purchase, as in Manner before directed.

XII. And be it further Enacted, by the Authority aforesaid, That it shall and may be lawful for any Person, who is Owner of a Front Lot or Lots, to erect or build a Ware House, Store House, Wharfs, or other Conveniences, for their Landing and Storing of Goods, on any Part of the Land fronting their own Lot or Lots, and as far out into the Water as he or they shall think proper, not going further than the Edge of the Channel, paying for the same, to the aforesaid Commissioners or Trustees, for each and every Front Lot, Five Shillings Proclamation Money; to be appropriated as by this Act is hereafter directed; which Commissioners or Trustees are hereby impowered to make him, her, or them, Grants or Conveyances, in Fee simple for the same: And in Case the Owner or Proprietor of any Front Lot or Lots shall not, within Six Months after Notice given by any Person, purchase or take up his or her Front, and likewise shall not within two Years after the purchase thereof, secure the Front Street Fifty Feet from the Waters Encroachments, that it shall and may be lawful for any Person to take up the same, under the Conditions aforementioned.

XIII.

And be it further Enacted, by the Authority aforesaid, That if any Person, after the First Day of May next, shall erect, repair, or cause to be erected or repaired any Wooden Chimney within the said Town, such Person so offending, shall forfeit and pay, for each and every offence, the Sum of Ten Pounds Proclamation Money; to be recovered and appropriated as hereafter by this Act is directed.

XIV. And be it further Enacted, by the Authority aforesaid, That the Commissioners or Trustees as aforesaid, or any Three of them, shall within Six Months after the Ratification of this Act, meet and lay a Tax on each and every Person, according to the Number of his or her Lot or Lots, Half Acre or Half Acres of Land, by him or them held within the said Town (Fronts excepted), sufficient to raise a Fence round the said Town, and Town Common, as the Commissioners or Trustees aforesaid, or any Three of them, shall think sufficient, so as the said Fence be compleated within Eighteen Months after the Ratification of this Act; under the Penalty of Five Pounds Proclamation Money, on each and every Commissioner: And in Case any Person or Persons shall neglect or refuse to pay, on Demand, his or her Tax so laid by the aforesaid Commissioners or Trustees, by Virtue of this Act, such Person or Persons so Offending, shall forfeit and pay the Sum of Two Shillings and Six Pence Proclamation Money, over and above the said Tax,

for each and every Lot he or she hath a Conveyance for; to be recovered and appropriated as hereafter in this Act is directed.

XV. And be it further Enacted, by the Authority aforesaid, That if any evil minded Person shall, in the Night, or at any Time or Times, whatsoever, pull down the said Town Fence, or any Part thereof, in Order to let in any Person's Hogs, Cattle, or Horses, within the said Town Inclosure, or shall otherwise drive pigs, Cattle or Horses, into or out of the said Town, such Person so offending shall forfeit and pay, for each and every Offence, the Sum of Ten Pounds Proclamation Money; to be recovered and appropriated as by this Act is hereafter directed.

XVI. And be it further Enacted, by the Authority aforesaid, That each and every Person or Persons, possessed of any Lot or Lots in the said Town, or hereafter shall be possessed, and not yet cleared, shall, in the Space of Three Months after the passing of this Act, or within Three Months after, he, she, or they shall have purchased any Lot or Lots, cut down all the Wood and Brush-wood in the same, and, once in each Year, do the like; and in Case of Neglect or Refusal of any Possessor or Possessors of a Lot or Lots to perform the same, in Manner aforesaid, such Possessor shall forfeit and pay, for each and every offence, the Sum of Five Shillings Proclamation Money, for each and every Lot he, she, or they, shall have a Conveyance for, to be recovered and appropriated as in this Act is hereafter directed.

XVII. And be it further Enacted, by the Authority aforesaid, That from and after the Time the aforesaid Fence shall be compleated, it shall and may be lawful for any Person to take up and pound any Hog, Shoat, or Pig, that shall be found ranging at large in the said Town, so long as the said Fence shall be kept in good Repair: And such Hogs, Shoats or Pigs, so taken up and pounded, shall be sold at Vandue, and the Money arising by such Sale given to the Poor residing in the said Town, by the Commissioners or Trustees aforesaid: and for preventing Annoyances and Nusances in the said Town.

XVIII. Be it further Enacted, by the Authority aforesaid, That if any Person or Persons shall throw out, or lay in any Street, or upon any Public place in the said Town, any Dirt, Rubbish, Dust or Mortar, except such Per. son or Persons who are building or Repairing a House or Houses in the said Town, during the Time they are building or repairing such House or Houses, such Person or Persons so offending shall forfeit and pay to the aforesaid Commissioners or Trustees, for each and every Offence, the Sum of Ten Shillings Proclamation Money; to be recovered and Appropriated as in this Act is hereafter directed: And if any such Offence is committed by any Servant or Slave, such Servant or Slave shall be punished by Whipping, not exceeding Thirty Lashes, at the Direction of any Three of the Commissioners.

XIX And be it further Enacted, by the Authority aforesaid, That as often a Overseer of the said Town shall summon the Male Tithables thereof to work on the Roads or Streets, he shall have full Power to direct the said Tithables to clear the Roads, Streets, and Public Places, of all Woods, Weeds, Rubbish, and other Nusances; and if any Person shall refuse to observe the Overseer's Directions therein, he shall forfeit and pay, for each and every Offence, the Sum of Ten Shillings Proclamation Money; to be recovered and appropriated as hereinafter is directed; and if the Person refusing be a Servant or Slave, the Master or Mistress of such Servant or Slave is hereby made liable to pay the same.

XX. And be it further Enacted, by the Authority aforesaid, That the