whatsoever, he, she, or they, so offending, shall, for each offence, forfeit and pay the Sum of Five Pounds Proclamation Money; One Half to the Use of the Parish, and the other Half to the Person who shall sue for the same, by Action of Debt, Bill, Plaint, or Information, in any Court of Record in this Province, wherein no Essoign, Protection, Injunction, or Wager of Law shall be allowed or admitted of. IV. Provided always, That this Act, nor any Clause or Article herein contained, shall be in Force, so as any Person shall incur, any Penalty by the same, until a Road shall be cleared and made passable, according to Law, from Core Point into the main Road leading by Rigney's Quarter, to New River, at the Expence of the Person who shall be appointed to keep Ferry at Core Point, which said Road, when so made, shall afterwards be maintained and repaired by the Public; and until a convenient House is built, fit to entertain Travellers, and sufficient Boats and Canoes built and provided for transporting men and Horses over the said River, to be approved of and allowed by the Justices of the County Court of Beaufort. CHAPTER VIII. An Act to enable the Parish of St. Andrew's, in Tyrrell County, and the Southwest Parish of Pasquotank County, to Elect Vestries. Obs. (Omitted.) CHAPTER IX. An Act to exempt the Inhabitants of Bath Town from working on the Public Roads, and to oblige the said Inhabitants to clear and keep the Streets of the said Town clear and in good Order. (Printed in Private Acts, post.) CHAPTER X. An Act to Enable the Justices of Tyrrell County to build a Warehouse on Scupernongs, for receiving of his Majesty's Quit-Rents. I. Whereas a Warehouse, for the Receipt of his Majesty's Quit-Rents, was, by an Act of Assembly, 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; and for the better settlement of his Majesty's Province of North Carolina, directed to be built at Joseph Spruel's Landing, on Scupernongs River, in Tyrrell County, for Receipt of his Majesty's Quit-Rents, payable in the said County; to which Place no Pettiagua or other Vessel capable of carrying any Commodities can go, which renders the said Place very inconvenient for the Receipt of the Quit-Rents: And Whereas the Place called Samuel Spruel's Landing, on Scupernongs, in the said County, is a Place to which any Sloop can go, and is likewise a Convenient Place for the Inhabitants of the said County to pay their Quit-Rents at. 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 the General Assembly of this Province, and it is hereby Enacted, by the Authority of the same, That the Justices of Tyrrell County, instead of building a Warehouse at Joseph Spruel's Landing, shall cause the Warehouse by the aforesaid Act directed to be built at Joseph Spruel's Landing for receipt of his Majesty's Quit-Rents, to be built at Samuel Spruel's Landing, aforesaid, on Scupernongs, in the said County of Tyrrell: And the Justices of the said County are hereby directed to cause the said Warehouse to be built at the said Place, and to lay a levy, and to apply the same towards the building the said Warehouse, and to purchase Land to build the same on, agreeable to the Power to them given by the aforesaid Act of Assembly. CHAPTER XI. An Act to enable the Commissioners hereinafter named to build a Bridge over Levengston's Creek, between New Hanover and Bladen Counties. (Omitted.) CHAPTER XII. An Act for the better regulating the Militia of this Government. (Omitted.) CHAPTER XIII. An Act for granting an Aid to his Majesty, to defray the Expences transthis in he r I. Whereas his Majesty hath been pleased to send Instructio Governor of this Colony, to enlist Men in his Majesty's Service, a wards to transport them at the expence of this Colony to the West there to join other Troops of his Majesty, sent thither upon an Expe intended against the Spaniards; and this Assembly being desirous of she.. ing their Loyalty and duty, and taking into Consideration the most effectual Ways and Means to raise Money to defray the Expences of transporting the said Troops enlisted here to the West Indies, finding that the Poverty of the People of this Province renders it impracticable to collect a Levy in Money, humbly represent unto your Majesty, that laying a Levy to be paid in the Commodities of the Country will be the only effectual Expedient for raising a Fund to answer the present Service: Wherefore, 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 Three Shillings Proclamation Money, for One Year next after the Ratification of this Act, be paid for every Tithable in this Province; Which Levy shall be paid in the Commodities hereafter mentioned, at the Rates following: that is to say, Tobacco, per Hundred, Ten Shillings; Rice, per Hundred, Seven Shillings and Six Pence; for that part of the Province only heretofore known by the Name of Bath County, Indian drest Deer skins, not weighing less than One Pound each Skin, two Shillings and Six Pence the Pound; Bees Wax, at Ten Pence Half Penny per Pound; Tallow at Four Pence per Pound; Pork, in good, tight Barrels, dry salted, each Barrel containing Two Hundred and Twenty Weight, at One Pound Seven Shillings per Barrel; Beef in good, tight Barrels, dry salted, each Barrel containing Two Hundred and Twenty Pounds, at Seventeen Shillings and Six Pence per Barrel. III. And be it further Enacted, by the Authority aforesaid, That the Inhabitants of that Part of the Province heretofore called Albemarle County, shall pay the aforesaid Levy in the aforesaid Commodities, or by Bills of Credit, at the Rate of Seven Pounds Ten Shillings for every Twenty Shillings Proclamation Money, at one of the Warehouses in their respective Counties, appointed for the Receipt of his Majesty's Quit-Rents, to the Person or Persons appointed by Virtue of tais Act, within the last Ten Days of the. Month of November, and the last Ten Days of the Month of January, then next ensuing (Beef excepted, which shall be paid and received in Satisfac tion of the aforesaid Levy within the last Ten Days of November only), for which the Inspector shall give a Receipt to the Person or Persons bringing the same. IV. And be it further Enacted, by the Authority of the same, That each Person of the aforesaid Province, who shall neglect or refuse to pay the aforesaid Levy in Manner aforesaid, and shall be in Arrear on the First Day of February next after the last Day of Payment, such Defaulter shall be liable to Double Distress; to be levied upon his Goods and Chattels, to gether with Costs and Charges, by the Sheriff of the County within which such Delinquent inhabits. V. And be it further Enacted, by the Authority aforesaid, That the Jus tices in each County in the aforesaid District, formerly called Bath County, shall, at the First County Court which shall be held in the several Counties within the aforesaid District, after the Ratification of this Act, lay a suffi cient Levy upon the Inhabitants of their County, not exceeding One Shilling, Proclamation Money, per Tithable, for defraying the Charges of building or hiring a substantial Warehouse at the most convenient Landing, upon a Navigable River, with their County, and shall, with such Levy, on or before the Fifteenth Day of November next after the Ratification of this Act, build or hire a Substantial Warehouse for the safekeeping of the aforesaid Levy, and all other Levies now laid, or hereafter to be laid; And in Case the said Justices shall refuse or neglect so to do, each Justice so refusing or neglecting, shall forfeit and pay to his Majesty the Sum of Five Pounds, Proclamation Money, to be recovered in any Court of Record in this Province, to be applied in building a Warehouse in the said County. VI. And be it Enacted, by the Authority aforesaid, That John Hodgson and John Montgomery, Esqrs.; Thomas Hunter, John Blount, William Farris and George Roberts, Gentlemen, be, and are hereby appointed Commissioners, and they, or the Majority of them, are hereby authorized to hire Vessels and buy Provisions, and all Things necessary for victualling and transporting Four Hundred Men to the West Indies, and to defray the Charge thereof, the said Commissioners, or the Majority of them, are hereby impowered to receive, of the Inspectors who shall be appointed to receive the aforesaid Levy, all the Money and Commodities they shall receive in Satisfaction thereof, and to sell and dispose of the Commodities as they shall think proper; and the said Commissioners shall account with the General Assembly of this Province for all the Money and Commodities they shall receive, and shall be allowed for their Trouble any reasonable Charges by the General Assembly; and what Surplus shall remain, shall be applied by the General Assembly towards defraying the Contingent Charges of the Government: And each and every Inspector is hereby directed to keep Account of all Money and quantity of Commodities they shall receive, and of whom, in Satisfaction of the aforesaid Levy, and shall, on or before the First Day of March next after the Ratification of this Act, account with and pay to the Commissioners, all the Money and Commodities he or they shall receive, or give his or their Notes for, in Case the said Commissioners do require the same, and each Inspector who shall refuse or neglect so to do, within the aforesaid Time, shall forfeit and pay the Sum of One hundred Pounds, Proclamation Money, to the use of his Majesty; to be recovered in any Court of Record in this Province, by Action of Debt, Bill, Plaint or Information, and to be applied by the Governor or Commander in Chief for the Time being, for repairing the Warehouse or Houses, and defraying other incident Charges, where such Delinquent shall be Inspector. VII. And whereas the great Scarcity of Money renders it, at present, extremely difficult for the Inhabitants of this Province to pay the Public County and Parish Levies already imposed; and as the Paper Bills of Credit will be current only till November, One Thousand Seven Hundred and Forty Four, when they will expire, and it will therefore be impossible for the Inhabitants of this Province to pay any Levies or Taxes whatsoever, or any Fines and Forfeitures, unless the Commodities of the Country be accepted in Discharge thereof, according to the Usage and Custom of some of our neighboring Colonies. VIII. We pray that it may be Enacted, and be it Enacted, by the Authority aforesaid, That all Public, County and Parish Levies already imposed, and which shall be due and payable after the Ratification of this Act, and which shall hereafter be laid and imposed on the Inhabitants of this Province, shall be paid in the Commodities as rated in this Act, in Manner following; that is to say, every Person paying any Commodities in Discharge of such Levies, shall carry the same to the Inspector of one of the Warehouses in the County where he resides, at the Times before mentioned for Payment of the Levy by this Act imposed, to be received and examined, as is by this Act expressed and directed. IX. And be it further Enacted, by the Authority aforesaid, That if any Person shall tender any of the Commodities herein mentioned in Discharge of the Levy by this Act laid, or any other Levies or Taxes, and a Dispute shall arise whether the same shall be good and merchantable, the Party tendering the same may apply to a Magistrate in the County, who is hereby impowered and directed to grant his Warrant, directed to any Constable or other lawful Officer, to summons Two skilful Freeholders, who upon their Oaths, shall view and examine the same; and if such Commodity so tendered be adjudged good and merchantable, then the Inspector shall receive the same, and in that Case, the Justice granting such Warrant, and the Officer executing it, shall not charge the Inspector, or any other Costs, and if paid in discharge of the Levy by this Act imposed, shall give a Receipt for the same; and if in Discharge of any other Public, County or Parish Levy, then the said Inspector shall give a Note for the same, in Manner as hereinafter mentioned; But in Case such Commodity tendered be, by the said Freeholders, adjudged bad and not sound and merchantable, the person so tendering the same shall forfeit half the Value of such Commodity so tendered, as rated by this Act, provided the same had been good, together with Costs: to be paid to the Church Wardens of the Parish where such Commodity shall be tendered, to be applied to the use of the said Parish. X. And be it further Enacted, by the Authority of the aforesaid, That every Inspector shall, and is hereby authorized, to open every Hogshead, Cask, or Barrel, and diligently view and examine the same, and every Com. modity so delivered; and if such Inspector sha.. think such Commodity tendered to be paid, is good, sound, well conditioned, and merchantable, he shall weigh the same, with Weights of the lawful Standard, or proved Stilliards, for Eighteen Months only, after the Ratification of this Act, and shall keep an exact account of all such Commodities by him received; and when he shall receive any Hogshead, Cask or Barrel, wherein is contained Tobacco, Tallow, Rice, or Bees Wax, when the same shall be allowed good and merchantable, and weighed by him, he shall stamp every such Hogshead, Cask or Barrel, with the proper Mark of the Warehouse, or cause the same to be done, in the presence of the Person so paying the same; and shall also mark thereon, in like Manner, the Tare of the Hogshead or Cask, and the Nett Quantity therein contained. XI. And be it further Enacted, by the Authority aforesaid, That if any Commodity shall be brought to any of the Warehouses for Discharge of any other Public, County or Parish Levies, than what is imposed by this Act, the said Inspectors, after they have viewed, examined and weighed the said Com. modity, shall be obliged to deliver to the Person bringing the same, as many Promissory Notes, under their Hands, as shall be required, for the Quantity of Commodities by them received, in which shall be expressed the particular Commodity by them received; which said Notes shall be, and are hereby declared Current and payable, according to the Value of the Commodity expressed therein, and shall be transferable and deemed a Tender for Pay. ment of all County and Parish Levies, and likewise all Debts and Dues, in Manner as in this Act is hereafter directed. XII. And be it further Enacted, by the Authority aforesaid, That the Sheriff of every County shall attend at the respective Warehouses in his County, at the Times the Inspector shall attend, and receive all Public, County and Parish Levies (except the Levy which is hereby imposed, which shall be paid to the Inspectors only, and they Accountable to the Commissioners), which shall then be paid them in Inspectors' Notes, current Bills, or Proclamation Money, by the Persons owing the same, and if any Person, chargable with Dues or Levies aforesaid, shall neglect or refuse to pay the same, on or before the last Day of January, Yearly, it shall and may be lawful for the Sheriff or other Collector, after the Tenth Day of February, Yearly, to distrain the Goods, and Chattels of the Person or Persons so neglecting or refusing, and to sell and dispose thereof at Public Vandue, for the Money, Tobacco, drest Deer Skins, Tallow, or Bees Wax, or any of them, after having given Notice Ten Days before such Sale, and the Overplus, if any, after paying the said Levies and Dues, and the Charges of Distress (which is hereby declared to be the same as for serving an Execution), shall be returned to the Debtor. XIII. And be it further Enacted, by the Authority aforesaid, That the Sheriffs or other Collectors of the said Levies, shall, in one Month after the Collecting and receiving such Levies and Taxes, pay the Inspectors' Notes they shall have received in Satisfaction thereof, after deducting Three per Cent. for collecting, to the Persons appointed to receive the same, to-wit, the Notes received for the County and Parish Taxes, to the Persons appointed and impowered in the several Counties and Parishes to receive the same, who shall transfer the said Notes to any Person having any Demand in the Parish or County, and the Inspectors' Notes recived for Discharge of the Public Taxes, shall be paid in Manner following; that is to say, the Sheriff |