IX. And be it further Enacted, by the Authority aforesaid, That the Fees upon the said Marriages, shall be as followeth, that is to say:

To the Governor or Commander in Chief for the Time being, for each Licence of Marriages, Twenty Shillings, Proclamation Money.

To the Clerk of the County Court, for issuing the same, and taking the Bond, Five Shillings of the like Money.

To the Minister, for Marrying, if by Licence, Ten Shillings, if by Banns, Five Shillings, of the like Money.

To the Justice of the Peace, for marrying, Five Shillings.

To the Minister or Reader, for publishing the Banns, and granting Certificate, One Shilling and Six Pence, of the same Money.

X. And be it further Enacted, by the Authority aforesaid, That if any Minister or Justice of the Peace, of any County or Parish where a Clergy doth not reside, shall refuse to celebrate the Rites of Matrimony, for the Fees herein set down and allowed, or shall demand or receive, for marrying, either by themselves, or by any other Person for them, any larger Fees than before mentioned to be allowed by the Minister or Justice of the Peace, he shall forfeit and pay, for every such offence, that is to say, if the Marriage was to have been by Licence, Ten Pounds, or if by Banns, Five Pounds, Proclamation Money; One Moiety of all the Fines and Forfeitures in this Act before mentioned and not particularly appropriated, to be paid to the Church wardens of the Parish for the Time being, for the Use of the Parish where the Offence shall be committed, the other Moiety by him or them that will inform or sue for the same; to be recovered, with Costs, by Action of Debt, Bill, Plaint, or Information.

XI. And be it further Enacted, by the Authority aforesaid, That if the Minister or Reader of any Parish within this Government, shall refuse to publish and certify the Banns, for the Fees herein set down, and allow him for the same, he shall, for every such Offence, forfeit and pay to the Party grieved, Ten Pounds, Proclamation Money; to be recovered as before mentioned.

XII. Provided always, That the Minister serving the Cure of any Parish, shall have the benefit of the Fee for Marriages in the said Parish, if he do not neglect or refuse to do the Service thereof, altho' any other Person performed the Marriage Ceremony.

XIII. And for Prevention of that abominable Mixture and spurious issue, which hereafter may increase in this Government, by white Men and women intermarrying with Indians, Negroes, Mustees, or Mulattoes, Be it Enacted, by the Authority aforesaid, That if any white Man or Woman, being free, shail intermarry with an Indian, Negro, Mustee, or Mulatto Man or Woman, or any Person of Mixed Blood, to the Third Generation, bond or free, he shall, by Judgment of the County Court, forfeit and pay the Sum of Fifty Pounds, Proclamation Money, to the Use of the Parish.

XIV. And be it further Enacted, by the Authority aforesaid, That no Minister of the Church of England, or other Minister, or Justice of the Peace, or other Person whatsoever within this Government, shall hereafter presume to marry a white Man with an Indian, Negro, Mustee, or Mulatto Woman, or any Person of Mixed Blood, as aforesaid, knowing them to be so, upon Pain of Forfeiture and paying, for every such Offence, the Sum of Fifty Pounds, Proclamation Money, to be applied as aforesaid.

XV. And be it further Enacted, by the Authority aforesaid, That the several Fines and Forfeitures in this Act, which exceed the Sum of Twenty-Six Pounds Thirteen Shillings and Four Pence Proclamation Money, shall

be heard, tryed, and determined, in the General Court of this Province; and all under the aforesaid Sum, shall be heard, tryed, and determined, in the Court of the Colony where the Offence shall be committed.

XVI. And be it further Enacted, by the Authority aforesaid, That all and every Act and Acts, and every Clause and Article thereof, heretofore made, so far as relates to any Matter or Thing whatsoever within the Purview of this Act, is and are hereby repealed and made void, to all Intents and Purposes, as if the same had never been made.

CHAPTER II.

An Act to impower the several Commissioners herein named, to make, mend, and alter the several Highways, Roads and Bridges, and to clear and cleanse Creeks and Water-Courses; and also, to cut such Cuts as they shall think convenient, in the several Counties herein after named. Exp.

(Omitted.)

CHAPTER III.

An Act to give further Time for collecting the Aid granted to his Majesty, For Subsistance of the Forces raised in this Province; and for the better collecting Taxes and Levies, and to direct the Method of accounting for the same, and other Public Monies herein mentioned.

(Omitted.)

Obs.

CHAPTER IV.

An Act to make and confirm that part of the main Road leading from Bennett's Creek Bridge, to Virginia, joining to Mr. Henry Baker's in Chowan County, altered for the Conveniency of the Public, by the adjacent inhabitants, to be the Main and Public Road.

I. Whereas that part of the main Road Joining to Henry Baker's, as formerly laid out and used, is very hilly, bad, troublesome, and inconvenient for Carts and Carriages, and the Inhabitants adjacent to, and obliged to work on that Part of the Road, have agreed together and altered and turned the said Road, and made it much shorter, better, and more convenient for Carriages and Passengers; and the said Inhabitants, by their Petition, having prayed that such Part of the Road so altered and made by them as aforesaid, may be confirmed and deemed the Public Road.

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 from and after the Ratification of this Act, that Part of the Public Road from Bennett's Creek, in Chowan County, leading by Henry Baker's, so altered and made as afore. said, be confirmed and deemed Part of the Public Road, and no other; and that the Persons obliged to work on and maintain the old Road, be, and are

hereby compelled to work on and maintain the Road so altered; any Law, Custom, or Usage, to the contrary, notwithstanding.

CHAPTER V.

An Act to Appoint Constables,

I. To the End that Constables may be regularly appointed, throughout this Government.

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 Courts of the several Counties which now are or hereafter shall be, within this Government, shall, at the Court to be holden for each respective County in this Government, next after the first Day of January, Yearly, and Every Year, nominate and appoint as many Persons of their said Counties as they shall Judge necessary, to be Constables within the same, for the then ensuing Year; which Constables so appointed, shall have the following Oath administered to them; that is to say: You shall swear, you will well and truly serve our Sovereign Lord the King, in the Office of a Constable; you shall see and cause his Majesty's Peace to be well and duly preserved and kept, according to your Power; you shall arrest all such Presons as in your Sight, shall ride or go armed offensively, or shall commit or make any Riot, Affray, or other Breach of his Majesty's Peace; you shall do your best Endeavour, upon Complaint to you made, to apprehend all Felons and Rioters, or Persons riotously assembled; and if any such Offenders shall make Resistance, with Force, you shall make Hue and Cry, and shall pursue them, according to Law you shall faithfully, and without Delay, execute and return all lawful Precepts to you directed; you shall well and duly, according to your Knowledge, Power and Ability, do and execute all other Things belonging to the Office of a Constable, so long as you shall continue in this Office, so help you God.

III. And be it further Enacted, by the Authority aforesaid, That each and every Constable, so appointed, nominated, and sworn, is, and they are hereby invested with, and may execute the same Power and Authority, to all Intents and Purposes, as the Constables within the Kingdom of England are by Law invested with and execute.

IV. And be it further Enacted, by the Authority aforesaid, That if any Person or Persons, nominated and appointed Constables by the Court of any of the Counties within this Government, shall neglect or refuse to qualify himself, according to the Directions of this Act, within Ten Days after Notice of his Nomination and Appointment as aforesaid, without he can shew sufficient Cause for his Neglect, to be admitted of by the Justices. who shall or may grant their Warrant to recover the Penalties in this Act mentioned, he shall forfeit the Sum of Fifty Shillings, Proclamation Money; to be recovered by Warrant from Two Justices of the Peace in the County where such Person was appointed Constable, and applied to the Use of the County where such Constable is appointed; provided such notice be in Writing, signed by the Clerk of the Court, and served by the Sheriff of the County, or preceding Constable, on such Constable or Constables as shall be appointed, according to the Direction of this Act.

V. Provided always, That no Person in Commission of any Office, Civil

or Military, or Member of Assembly, for the Time being, nor any one who has served in any such Station, nor any other who has served as Constable, within the Space of Five Years before, nor any Person who is exempt, by the Laws of England, shall be obliged to serve in the Office of Constable; any Law, Usage or Custom, to the contrary, notwithstanding.

VI. And be it further Enacted, That any one Justice of the Peace of the County, shall, and he is hereby impowered, to administer to the several Constables hereafter to be appointed in this County, the Oath directed by this Act for their Qualification.

VII. And be it further Enacted, by the Authority aforesaid, That upon the Death or Removal of any Constable out of the District for which he was appointed Constable, it shall and may be lawful for the Justices of the County Court, in which such District shall be, or any one of them, to appoint and swear another Person, to be Constable in the Room and Stead of the Constable dead or removing out of his District as aforesaid, who shall Act until the next County Court; the Justices of which Court shall then either continue the Person appointed as aforesaid, or nominate and appoint a new

one.

VIII. And be it further Enacted, by the Authority aforesaid, That if any Constable to whom any Precept is directed, by any Justice of the Peace, shall refuse or neglect, to serve such Precept, he shall, for every such Offence, on Complaint of the Party prosecuting, be fined, at the Discretion of the Court of which such Justice is a Member; to be paid to the Complainant.

IX. And for the better executing any Precept or Mandate, in extraordinary Cases; Be it Enacted, by the Authority aforesaid, That it shall and may be lawful, to and for any Justice of the Peace within this Government, to direct any such Precept or Mandate, in the Absence of, or for want of a Constable, to any Person, not being a Party, who shall be obliged to execute, or endeavour, in the best Manner he can, to execute the same, under the like Penalty any Constable shall be liable to, by Virtue of this Act; to be recovered and applied as aforesaid.

X. And be it Enacted, by the Authority aforesaid, That every Constable within this Province, appointed and Qualified, as herein before is directed, shall be, and is hereby exempt from all Provincial, County, and Parish Taxes, for himself only, and from working on the Roads, for and during the Year he shall be Constable; any Law, Usage, or Custom, to the contrary, notwithstanding.

XI. And be it further Enacted, by the Authority aforesaid, That all and every other Act and Acts, and every Clause and Article of the same, heretofore made, so far as relates to the appointing of Constables, is and are hereby repealed and made void, to all Intents and Purposes, as if the same had never been made.

CHAPTER VI.

An Act to Improve and amend the Navigation of New River, in Onslow

County. Obs.

(Omitted.)

CHAPTER VII.

An Act to Confirm and erect that part of Province of North Carolina called Edgecomb County, into a County, by the Name of Edgecomb County, and for the Establishing the said County a Parish; and for ascertaining the Boundary Line Between the Northwest and Society Parishes, in Bertie County.

I.

Whereas the Inhabitants of Edgecomb County, in this Province, who are very numerous, labour under great Hardships, for want of Representatives in the General Assembly of this Province.

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 that part of Edgecomb County of this Province now called Edgecomb County, be, and is hereby established a County, by the name of Edgecomb County, the Bounds whereof shall be as follows Beginning on Roanoke River, at Jenkin Henry's Upper Corner Tree, from thence a straight Course to the Mouth of Cheek's Mill Creek, on Tar River; and from the Southside of the said River, opposite to the said Cheek, a straight line unto the Middle grounds, between Tar and Neuse rivers; which shall be the dividing line between Beaufort and Edgecombe, and Craven Counties; and from thence up as nigh as may be, keeping the Middle between the said two Rivers, which shall be the dividing Line between the Counties of Craven and Edgecomb, and Beaufort; and the County Courts of Craven and Edgecomb are hereby impowered, each of them, for their respective Counties, to appoint Two Commissioners to run out the Bounds or dividing line between Craven and Edgecombe wh.ch Line so run out as above said, and marked, shall be the dividing Line between the said Counties.

III. And be it further Enacted, by the Authority aforesaid, That the Freeholders of the said County, qualified to vote, as the Law directs, shall, forever, after the Ratification of this Act, send Two Representatives to the General Assembly of this Province; which Representatives shall have as full Power to consult and vote in the General Assembly, as the Representatives of any other County.

IV. And be it further Enacted, by the Authority aforesaid, That the said County shall have Justices of the Peace, and a County Court, with the like Jurisdiction with the Courts of the other Counties of this Province; and likewise, a Sheriff, a Coroner or Coroners, and all other Officers incident to a County.

V. And whereas divers Disputes have arose, touching the Legality of the Courts heretofore established in the said County, and touching the Validity of the Commission appointing a Sheriff for the said County; which have disquieted the Minds of the Inhabitants of the said County.

VI. Be it therefore Enacted, by the Authority aforesaid, That all Judgments, Executions, Orders, and Proceedings of the said Court, pronounced, issued, and made, agreeable to the Rules of Law, and the Execution of all Writs whatsoever, done according to Law, and all other Acts done by the said Sheriff, by Virtue of his Office aforesaid, be, and are hereby confirmed and declared valid; any Defect in the Order of the Governor and Council, made for the Establishment of the aforesaid County, notwithstanding.

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