Commissioners or Trustees shall lay out, or cause to be laid out, within Six Months after the Ratification of this Act, the several Streets and Passages of the said Town, as described in the Plan thereof, and shall fix and put up good Posts to ascertain the Bounds of the several Streets of the said Town and for the Expence and Trouble of the said Commissioners or Trustees in the Service of the aforesaid, they shall be paid out of the Fines and Forfeitures arising by Virtue of this Act.

XXI. And be it further Enacted, by the Authority aforesaid, That the Right and Privilege of Electing a Representative for the said Town of Edenton, to sit in the General Assembly, be, and is hereby confirmed, that the Freeholders of the said Town shall, forever, have liberty, at all Times hereafter, to elect and choose a Member to sit in General Assembly; and a Writ of Election shall issue, to the Inhabitants of the said Town, to choose a Member to represent them in the said Assembly, at such Times, and in the same Manner, as the said Writs are issued for choosing Representatives for the several Counties in this Province to sit in the General Assembly.

XXII. And be it further Enacted, by the Authority aforesaid, That no Person, for the future, shall be deemed or taken to be qualified for a Representative for the said Town, except he has been Owner of one saved Lot in his own Right, in the said Town, at least one Year before he is chosen; any Thing in any Act to the contrary, notwithstanding.

XXIII. And be it further Enacted, by the Authority aforesaid, That no Person shall be deemed or taken to be qualified to give his Vote for a Representative for the said Town, to sit in General Assembly except he has been Owner of One saved Lot at least Six Months before such Election.

XXIV. And be it further Enacted, by the Authority aforesaid, That the Treasurer of the said Town, from and after the Ratification of this Act, shall be obliged to keep his Office, and a Plan of the Town, in the said Town, under the Penalty of One Pound Proclamation Money, for each and every month he shall neglect or refuse to do the same, to be recovered and appropriated as by this Act is hereafter directed.

XXV. And be it further Enacted, by the Authority aforesaid, That all Fines and Forfeitures in this Act mentioned, not exceeding Twenty Shillings Proclamation Money, shall be recovered by a Warrant from under the Hands and Seals of any Three of the aforesaid Commissioners or Trustees; and all Fines, above Twenty Shillings Proclamation Money, shall be recovered, in any Court of Record in this Province, by Action of Debt, Bill, Plaint, or Information; wherein no Essoign, Injunction, or Wager of Law shall be allowed or admitted of; any Law, Usage or Custom to the contrary notwithstanding; Which Fines and Forfeitures may be discharged in Commodities, as rated in the Act intituled, An Act for the finishing the Church at Edenton.

XXVI. And be it further Enacted, by the Authority aforesaid, That all the Money arising by the Sale of Lots in the said Town, as also all Fines and Forfeitures in this Act mentioned, after the Commissioners' or Trustees' reasonable Charges and Expenses for their several Services are deducted, shall be appropriated, laid out, and applied, to such Use or Uses as the Commissioner or Trustees, or any Three of Them, shall think convenient, for the better Encouragement of the said Town.

XXVII. And be it further Enacted, by the Authority aforesaid, That an Act, passed in the Year One Thousand Seven Hundred and Thirty Eight, intituled an Act for Encouragement and better Regulation of the Town of Edenton, and every Clause, Matter, and thing therein contained, shall be,

and is hereby Repealed and made null and void, to all Intents and Purposes whatsoever.

CHAPTER II.

An Act to enable the Commissioners herein after appointed, to erect and finish a Church in New Bern, in Craven County and Parish, in the Province aforesaid, and for the better Regulating the said Town; and other Purposes therein mentioned.

1. Whereas the late Vestry of Craven Parish, in the Year One Thousand Seven Hundred and Thirty Nine, laid a Levy on all and every the Tithables in the said Parish, for and towards the building a Church in the Town of New Bern, in the aforesaid Parish, and appointed Commissioners to manage and carry on the same, and to apply the said Levy to the Purpose aforesaid; which Commissioners have made One Hundred Thousand Bricks, and have been at other Expences towards building the said Church, but the said Levy not amounting to a sufficient Sum to compleat the same, and the present Vestry neglecting to lay a further Levy on the Tithable Inhabitants of the said Parish, for the finishing of the said Church.

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 a Tax of One Shilling and Six Pence Proclamation Money, for Two Years, next ensuing the Ratification of this Act, be laid, and it is hereby laid, on each and every Tithable Person within the said Parish of Craven, to defray the Expence and Charge of building and compleating the said Church, to be paid Yearly, in such Commodities as are hereafter rated, viz. Pork, good and merchantable, dry salted, per Barrel, Thirty Shillings Proclamation Money; Beef, dry salted, per Barrel, good and merchantable, Twenty Shillings; drest Deer Skins, Two Shillings and Six Pence per Pound; Tallow, Four Pence per Pound; Bees Wax, Ten Pence Half Penny per Pound; Rice, per Hundred, Ten Shillings; to be paid at such Times and Places as are directed for the Receipt of his Majesty's Quit-Rents, in and by an Act intituled an Act for providing his Majesty a Rent-Roll, for securing his Majesty's Quit-Rents, for the Remission of Arrears of Quit-Rents, and for quieting the Inhabitants in their Possessions, which said Tax shall be collected Annually and received by John Bryan, Gentleman, he first giving Security, in the Sum of Four Hundred Pounds, Proclamation Money, to the Justices of the County Court of Craven, for the Faithful Discharge and Payment of the same, who shall be allowed Four per Cent. for attending, receiving and paying thereof; and that upon Receipt of any Commodity or Commodities, Sum or Sums of Money, for the Use aforesaid, the same shall be by him paid to the Commissioners, or the Majority of them, or their Order, for the Use aforesaid.

III. And be it further Enacted by the Authority aforesaid, That each Inhabitant of the said Parish, who shall not pay or cause to be paid, the Tax herein before mentioned, at the Times and Places aforesaid, to the said John Bryan, as in and by this Act is directed, such Person or Persons so failing shall, for each default, forfeit and pay the Sum of Four Shillings, Proclamation Money, for each Tithable for which he ought to have paid the said Tax, besides Costs; to be levied by a Warrant from under the

Hand and Seal of one or more of the Justices of the Peace of the County aforesaid, upon the Goods and Chattels of the Delinquent: Which Forfeiture or Forfeitures shall be paid to the said John Bryan, or any other person appointed by the said Commissioners or the Major part of them, and by them applied towards the building of the said church.

IV. And be it further Enacted by the Authority aforesaid, That George Roberts, William Wilson, George Bold, William Herritage, and Adam Moor, Gentlemen, are hereby appointed Commissioners to receive the said Levies from the said John Bryan, when by him received and collected, and to contract and agree with fit and proper persons for the building and compleating the said Church, in a neat and Workman-like manner: And the said John Bryan shall, and is hereby directed, to account with the Commissioners aforesaid, when required, for the several Commodities and Sums by him collected and received, in Manner aforesaid.

V. And be it further Enacted by the Authority aforesaid, That any Person or Persons who shall subscribe any Sum or Sums of Money, for and towards the building the Aforesaid Church, and shall afterwards refuse payment of the said Sum or Sums mentioned to be paid by such subscription, such Person or Persons shall be liable for the same, and the Commissioners or the major Part of them, for the Time being, are hereby authorized to sue for the same, in the same Manner as any Person may be sued, for Non-payment of Money due by a Promisory Note.

VI.

And whereas the late Vestry of Craven Parish laid a Levy in the Year One Thousand Seven Hundred and Thirty Nine, on all the Tithables in the said Parish, towards building and compleating the said Church; which said Levy is found insufficient to carry on and compleat the said work, a considerable Part whereof is yet unpaid and uncollected:

VII. Be it therefore further Enacted, by the Authority of the aforesaid, that the following Persons who have not already paid the said Tax or Levy, are hereby commanded and required to pay the said Levy in current Bills, as laid by the said Vestry, in the same Manner, and at the same Time and Places, and to the same Person as before mentioned, and under the same penalties as in and by this Act is before directed.

VIII. And be it further Enacted by the Authority aforesaid, that all Persons who have been heretofore Church wardens, or that now are Church wardens, or that have heretofore been Commissioners, and all Persons whatsoever who have any Parish Money in their Hands for the Use aforesaid, do forthwith, after the Ratification of this Act, account with the Commissioners aforesaid, or the Majority of them, and to pay them or their Order on Demand, all and every such Sum or Sums of Money, that shall appear to be due, owing, and in Arrears, under the Penalty of Ten Pounds Proclamation Money, over and above the Sum due, owing, and in Arrears, to the Parish aforesaid, to be recovered, by Action of Debt, Bill, Plaint, or Information, in the General or County Court.

IX. And be it further Enacted by the Authority aforesaid, That on the Death or Removal out of the County aforesaid, of any of the aforesaid Commissioners, the Majority of the said Commissioners are hereby Authorized and impowered to appoint a proper Person or Persons, who shall be deemed duly qualified to act in his or their Room and Stead.

X. And whereas there has been great Differences and Disputes about the Bounds and Limits of the said Town of New Bern, which hereafter may be of pernicious Consequence to the Freeholders of the said Town, as well as a Discouragement for others to settle therein.

XI. Be it therefore further Enacted, by the Authority aforesaid, that

the Justices of the Court of Craven County, at the Court to be held for the said County next after the Ratification of this Act, or at any other subsequent Court, shall, and they are hereby required to appoint a Day, whereon the Freeholders of the said Town, shall meet at the Court House in the said Town, and whereof the said Freeholders shall have Notice, and with a sworn Surveyor for that purpose, by the said Court appointed, shall admeasure and lay out the Metes and Bounds of the said Town, pursuant to an Act of the General Assembly of this Province, intituled, An Act for the better settling the Town of New Bern, in the Precinct of Craven, and shall lay out the Streets, and affix Marks, at the Corners of each and every Lot already taken up and saved at the joint Cost and Charge of the Freeholders of the said Town, which Charge shall be Assessed by the President or Chairman of the said Court, with two other of the Justices of the Peace of the said County and two Freeholders, to be appointed by the Court next succeeding such admeasurement, laying out, and marking of the said Streets and lots, or any other subsequent Court, and shall be paid by the Freeholders of the said Town respectively, in proportion to the number of the saved Lots, that he, she, or they, shall hold in the said Town, to the said Justices, to defray the said Charge of admeasuring, laying out, and marking, as aforesaid: and on default or Non-payment, of their respective proportion of the Charge so assessed, within Ten Days after such Assessment and De. mand of the same, the said Assessment shall be Levied by a Warrant from any one Justice for the said County, upon the Goods and Chattels of such Delinquent or Delinquents, and sold at Vandue, Five Days after such Distress, rendering the overplus, if any, Charges first deducted, to the owner. XII. And whereas in and by the aforesaid Act of Assembly, there was a Lot laid out in the said Town for a Church, which said Lot being insufficient, and not so commodious for the said use, and all the adjacent Lots being taken up and saved, wherefore the said Vestry have taken up Four Lots, more convenient and commodious, for erecting a Church, and for a Church-yard, and other Parish Uses.

XIII. Be it therefore Enacted, by the Authority aforesaid, that as soon as the said Church shall be fit to celebrate Divine Service in, the said Four Lots shall be saved, to the Parish for the Purposes aforementioned, in as full and ample a Manner as if the said Parish had erected a House on each of the said Lots, of the Quality and Dimensions prescribed by the said Act for saving Lots in the said Town.

XIV. And be it further Enacted, by the Authority aforesaid, That the Commissioners aforesaid, are hereby impowered and directed, to make sale and dispose of the above mentioned Lots, at Public Vandue, after Four Days' notice given, and to apply the Money arising from such Sale, towards the building of the said Church: Any Law to the contrary, in any wise, notwithstanding.

CHAPTER III.

An Act to enable the Commissioners herein after mentioned, to finish the Church already begun at Edenton.

I. Whereas several well disposed Persons have voluntarily subscribed, and contributed several Sums of Money, to build and erect a Church in Edenton, for the advancement of Religion, and thereby appointed several Commisioners, to manage and carry on the same, and to apply such Chari

table subscriptions and Contributions to that Purpose; Which said Commissioners have carried on, and, in Part, built the same; but some of the Commissioners being Dead, and there not being a sufficient Sum raised to compleat the said Work, and the Vestry of the Parish refusing to assist therein, the said building may become ruinous, and all the Money already expended will thereby be lost, to the great Discouragement of Religion and of such Good and pious intentions: Therefore, to prevent the same, and to promote so laudable a Work, and in order to raise a sufficient Fund for finishing the said Church:

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 a Tax of Two Shillings, Proclamation Money, for Two Years next ensuing, be laid on each and every Tithable Person within the said Parish, or County of Chowan, to defray the Expence and Charge of Compleating and finishing the said Church; to be paid Yearly, in such Commodities as are hereafter rated, viz., Tobacco, at Ten Shillings per Hundred; Bees-wax, at Ten Pence Half Penny per pound; Tallow, at Four Pence per Pound; Pork, good and merchantable, at Thirty Shillings per Barrel, not less than Two Hundred and Twenty Weight in each Barrel; or if in Current Bills, at Seven and a Half for One, in Lieu of Proclamation Money; to be paid at such Times and Places, and in such Manner, as in and by an Act, intituled, an Act for providing his Majesty a Rent-Roll, for securing his Majesty's Quit-Rents, for the Remission of Arrears of Quit-Rents, and for quieting the Inhabitants in their Possessions, is directed; Which said Tax shall be Annually received by William Luten, Gentleman, he first giving security, in the Sum of Six Hundred Pounds, Proclamation Money, to the Justices of the County Court, for the Faithful Discharge and Payment of the same, who shall be allowed Four per Cent for attending, receiving and paying the same, and that upon Receipt of any Commodity or Commodities, Sum or Sums of Money, for the Use aforesaid, the same shall be by him paid to the Commissioners, or the Majority of them, or their Order, for the Use of the said Church.

III. And be it further Enacted, by the Authority aforesaid, That each Inhabitant in the said Parish, who shall not pay, or caused to be paid, each and every Year, the Tax hereinbefore mentioned, at the Times and Places aforesaid, to the said William Luten, as in and by this Act they are directed; such Person so failing shall, for each Default, forfeit and pay the Sum of Four Shillings, Proclamation Money per Tithable, besides Costs; to be levied by a Warrant from under the Hand of one or more Justices of the Peace of the County aforesaid, upon the Goods and Chattels of the Delinquent: Which Forfeiture shall be paid to the said William Luten, or any other Persons appointed by the said Commissioners for that Purpose, and by them to be applied towards the building and compleating of the said Church.

IV. And be it further Enacted by the Authority aforesaid, That all Persons who have subscribed, or shall hereafter subscribe, to pay any Sum or Sums of Money, for and towards the building the aforesaid Church, and refuse payment of the said Sum or Sums mentioned to be paid by such Subscription, such Person or Persons shall be liable for the same, and may be sued by the Commissioners aforesaid, or the Survivors of them, in the same Manner as any Person may be sued for Non-Payment of Money on a Promisory Note: And that the said Commissioner also have full Power and