the Owner of them, or the Person using them, who shall forthwith convey him, her, or them, before any Justice of the Peace, who is hereby directed to bind him, her or them, over to the next Court to be held for the County where the Offence shall be committed; and the said Offence shall be laid before the Grand Jury, by the King's Attorney-General, or his Deputy, and for Want of them, by any Person the County Court shall think fit to ap point, and shall be recognizable by the said Grand Jury, either by Indictment, or Presentment, and if, upon Tryal by a Petit Jury, such Offender or Offenders shall be found guilty, the County Court shall fine each and every Person so convicted, in any Sum not exceeding Twenty-Five Pounds, Proclamation Money; One third Part thereof to the Informer, One Third Part to the Standard Keeper, and One Third Part thereof to be paid to the Justices of the County, to be applied to the use of the County where the Offence shall be committed; and shall commit the Offender to Gaol until the same shall be paid; And further, if it appear to the County Court, by the Verdict of the Petit Jury, that the Offender altered, lessened or shortened, his or her, Steelyards, Weights or Measures, or caused the same to be done, or used such Steelyards, Weights or Measures, knowingly, after they were so altered, lessened, or shortened, with an intent to defraud any Person, in such Case the court shall, besides, and notwithstanding the said Fine, sentence such Offender to stand publickly, during the Sitting of the Court, Two Hours in the Pillory, with his Offence written over his or her Head: Any Law, Custom, or Usage, to the contrary, notwithstanding.

IX. And be it further Enacted, by the Authority aforesaid, That the Naval Officer of each and every Port within this Government, shall affix up, in a Public Part of his Office, and there constantly keep affixed, an Advertisement of this Act, that Traders coming into this Government may have Notice thereof, upon Pain of forfeiting Five Shillings, Proclamation Money, for every Twenty Four Hours the same shall be neglected; to be recovered, by a Warrant from any Justice of the Peace of the County where the Offence shall be committed, by any Person who shall sue for the same, and applied, One Half to the Informer. and the other Half to the Use of the said County.

X. And be it further Enacted, by the Authority aforesaid, That the Justices of every County respectively, shall have Power to take and receive into their Custody, all such Weights and Measures as have been already provided by their respective County or Parish, and shall also demand and receive from all and every Person or Persons whatsoever, all such Sums of Money as have been already raised to purchase such Weights and Measures, and dispose of and apply the same, according to the Directions of this Act.

XI. And be it further Enacted, by the Authority aforesaid, That all and every other Act and Acts, and every Clause and Article thereof, heretofore made, so far as relate to Weights and Measures, or any other Matter or Thing 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 XVIII.

An Act, for the building and maintaining Court-houses, Prisons and Stocks, in every County within this Province, and appointing Rules to each County Prison for Debtors.

I. 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 is hereby Enacted, by the Authority of the same, That the Justices in all and every County or Counties within this Province, where there is not already suitable provision made, shall, and are hereby impowered and required, at the next succeeding Court of their respective Counties, after the Ratification of this Act, to lay a sufficient Levy upon the Inhabitants of the said Counties, not exceeding One Shilling, Proclamation Money per Poll, for Two Years, for the building a Court House, Prison and Stocks, or any such of them as shall be wanting; which Levy shall be paid and collected by the Sheriff of each County, in the same Manner as all other Public and Parish Taxes and levies are paid and collected, and by him shall be accounted for to the Justices of the County Court, upon Oath; and the said Sheriff shall be allowed Three per Cent. for Collecting the same.

II. And be it further Enacted, by the Authority aforesaid, That the Justices of each County shall and may, from Time to Time, and at all Times hereafter, employ Persons to keep and maintain the Court-House, Prison and Stocks, already Built, and such as are to be built, by Virtue of this or any other Act, or to rebuild such as have fallen to Decay and Ruin, and the same be kept in good Repair, by laying a Poll Tax on the Inhabitants of their respective Counties as aforesaid.

III. And be it further Enacted, by the Authority aforesaid, That if any Person shall neglect or refuse to pay the aforesaid Levies, in Manner aforesaid, and shall be in Arrear after the last Day of Payment, such Person shall be liable to double Distress; to be levied on his Goods and Chattels by the Sheriff of the County where such Delinquent inhabits And for the Preservation of the Health of such Persons as shall, at any Time hereafter, be committed to the County Prisons, the Court shall have Power to Mark out such Parcel of Land as they shall think fit, not exceeding Six Acres, adjoining to the Prison, for the Rules thereof; and every Prisoner, not committed for Treason or Felony, giving good Security to the Sheriff of the County to keep within the said Rules, shall have Liberty to walk therein out of the Prison, for the Preservation of his or their Health: And every Prisoner giving such Security as aforesaid, and keeping continually within the said Rules, shall be, and is hereby adjudged and declared to be, in Law a true Prisoner; and that every Person therewith concerned may know the true Bounds of the said Rules, the same shall be recorded in the County Records, and the Marks thereof shall, from Time to Time, be renewed, as Occasion shall require.

CHAPTER XIX.

An Act, the better to enable the Commissioners appointed for building a Church at New Bern, to erect the same, and to impower them to demand and receive, of any Person or Persons, all Parish Levies already laid and not appropriated; and for other Purposes therein mentioned.

I. Whereas by an Act of Assembly of this Province, passed the last Session, enabling the Commissioners therein appointed to erect and build a

Church in New Bern, and the better to enable them to carry on and finish the same, they were impowered to levy a Tax of One Shilling and Six Pence, for the Two then ensuing Years, on each Tythable in the said Parish; and the said Tax being found insufficient to finish the said Church: And whereas there was laid, by the late Vestry, on the Inhabitants of the said Parish, a Tax of Fifteen Shillings per Poll, on each Tythable, for paying a Minister for the ensuing Year, and the succeeding Vestry not thinking fit to employ a Minister, the said Tax thereby remains, as yet, unappropriated to and for any Parish Use.

II. We therefore 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 Tax' of Fifteen Shillings, shall be appropriated to and for the building and finishing the said Church. III. And be it further Enacted, by the Authority aforesaid, That the Churchwardens of the said Parish shall, on or before the First Day of May next, after the Ratification of this Act, account for and pay to the Commissioners appointed by the before recited Act, all such Sum or Sums of Money as they shall have received on Account of the aforesaid Tax or Levy of Fifteen Shillings, under the Penalty of One Hundred Pounds, Proclamation Money; to be sued for and recovered, in the General Court of this Province, by Action of Debt, Bill, Plaint or Information (wherein no Essoign, Injunction, or Wager of Law, shall be allowed or admitted of) by any Person who will sue for the same, to be applied to the Use of the said Church; And all Persons who have not paid the aforesaid Tax or Levy, to the Churchwardens as aforesaid, shall, on or before the last Day of May next, after the Ratification of this Act, pay the same to the said Commissioners, or to such Person to whom the Majority of them shall appoint to receive the same, under the Penalty of Double Distress; to be levied by a Warrant from one Justice of the Peace for the said County, and to be applied as aforesaid. IV. And whereas the said Commissioners have made One Hundred Thousand Brick, towards building the said Church, and some of the said Brick being deemed sufficient for the said Work; Be it therefore Enacted, by the Authority aforesaid, That the said Commissioners, or the Majority of them, may sell or dispose of any such Brick as the said Commissioners shall judge not fitting or sufficient for the building of the said Church, and apply the Money arising by such Sale, to the Uses aforementioned.

CHAPTER XX.

An Act, for regulating Ordinaries, and for Restraint of Tippling houses. I. Whereas the Laws at present in Force in this Province, have by Experience, been found ineffectual for the due Regulation of Ordinaries, and other Houses of Entertainment.

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 all Persons whatsoever, retailing Liquors after the First Day of August next, shall sell the same by sealed Measures, according to an Act, intituled, an Act, for regulating Weights and Measures.

III.

Provided always, That it shall and may be lawful for any Person,

retailing Liquors by Licence in any Public House or Houses, to sell the same in Bottles, Bowls or Mugs, the said Bottles, Bowls and Mugs, being sold for no more than they can hold or contain.

IV. And be it further Enacted, by the Authority aforesaid, That from and after the First Court in each County, after the First Day of May next, whoever shall retail Liquors in any House, Booth, Arbour, Stall or Other Place, without Licence First had and obtained, according to the directions of this Act, shall forfeit and pay Five Pounds Proclamation Money; One Half to the Governor or Commander in Chief for the Time being, and the other Half to the Informer; to be recovered as herein after is directed: And that the Method of obtaining such Licence shall be as follows: Whosoever intends to set up an Ordinary, or House of Public Entertainment, shall petition the County Court, and they, at their Discretion, shall judge whether it is convenient to suffer such a House to be there set up, whether the Petitioner be of Ability sufficient to comply with the Intent of the Law, and the Condition of the Bond hereafter mentioned, and whether the Surety, who is to join in the Bond, be responsible, and thereupon to grant or reject the Prayer of the Petitioner accordingly; and in Case the said Petitioner shall be approved of, the Court shall then take Bond, of the Party Petitioning, with good and sufficient Surety, with the Penalty and Condition as followeth, viz.:

Know all Men by these Presents, That we, A. B. and C. D. are held and firmly bound unto our Sovereign Lord George the Second, by the Grace of God, of Great Britain, France and Ireland, King, Defender of the Faith, &c., in the Sum of Thirty Pounds, Proclamation Money; to be paid to our said Sovereign Lord the King, his Heirs and Successors, for the Use of this Province: To which Payment well and truly to be made, we bind ourselves, and every of us, our, and every of our Heirs, Executors, and Administrators, jointly and severally, firmly, by these Presents.

Sealed with our Seals, and dated this

Day of

The Condition of this Obligation is such, That whereas the above bounden A. B. hath obtained a Licence to keep an Ordinary at

if therefore the said A. B. doth constantly find and provide, in his said Ordinary, good Wholesome, and cleanly Lodging and Dyet for Travellers and Stable, Fodder, and Corn, or Pasturage and Corn, as the Season shall require, for their Horses, for and during the Term of One Year, from the Day of and shall not suffer or permit any unlawful Gaming in his House, nor, on the Sabbath Day, suffer any Person to Tipple and drink more than is necessary; then this Obligation to be null and void: Otherwise to be and remain in Force.

The Bond being taken, the Court shall grant their Order, and the Clerk shall thereupon prepare a Licence, and sign the same, and that Licence shall continue and be of Force for One Year only, from the Date of the said Order, and no longer.

V. And be it further Enacted, by the Authority aforesaid, That there be paid, by the Party obtaining such Licence, to the Governor or Commander in Chief of this Province for the Time being, for his Licence, the Sum of Twenty Shillings, Proclamation Money, and to the Clerk of the Court, for writing the Bond and Licence, the Sum of Five Shillings, Proclamation Money.

VI. And be it further Enacted, by the Authority aforesaid, That if any Ordinary keeper shall permit in his House unlawful Gaming, or shall suffer any Person or Persons, on the Lord's Day, to tipple in his House, or drink more than is necessary, or shall (without Licence from their respective

Masters) Harbour any Seaman, Servant, or Slave, contrary to the Intent and Meaning of this Act, it shall be lawful for any Two Justices of the Peace, upon their own View or Knowledge, or upon Proof made to them, by the Oath of one credible Witness, to suppress the said Ordinary, until the next succeeding Court; and upon Certificate made by the said Two Justices of the said Offence, and further enquiry into the same, the said County Court shall disable the Offender from keeping Ordinary thereafter, until they shall think fit to grant him a new Licence, or to restore him to keep Ordinary upon the former Licence, as they shall see Cause: and if any Ordinarykeeper shall sell or retail any Liquor, after he hath been so discharged, by the aforesaid Two Justices, and before he shall be restored by the Court, he shall be liable to all the Penalties and Forfeitures, as if he had never obtained a Licence.

VII. And be it further Enacted, by the Authority aforesaid, That the Justices of each county shall, Annually, at the next Court held after the First Day of May, set and rate the prices that Ordinaries shall entertain and sell at; that is, of Liquors, according to the Measures before mentioned, and of Diet, Lodging, Fodder or Provender, or Corn and Pasturage.

VIII. And be it further Enacted, by the Authority aforesaid, That if any Ordinary-keeper shall ask, demand, or receive, a greater Price for any Drink, Dyet, Lodging, Fodder, Provender, Corn, or Pasturage, than shall be set down and rated by the Justices of the County, according to this Act, he or she shall, for every such Offence, forfeit and pay Ten Shillings, Proclamation Money, to the Informer; to be recovered, with Costs, by the Warrant of any Justice of the Peace of the County where such Offence shall be committed.

IX. And be it further Enacted, by the Authority aforesaid, That every - Ordinary-keeper shall, within One Month after the Rates shall be set by the County Court where the Licence was granted, obtain of the Clerk a fair Table of the Rates and Prices set by the Court, for which the Clerk may ask and receive Two Shillings and Six Pence, Proclamation Money, and no more; which Table shall be openly set up in the Common entertaining Room of the said Ordinary, and there constantly kept during One whole Year, or until the Rates shall be again set by the Court: And every Ordinary-keeper failing herein, shall forfeit and pay the Sum of Five Pounds, Proclamation Money.

X. And be it further Enacted, by the Authority aforesaid, That if any Person, contrary to the true Intent and Meaning of this Act, shall keep a Tippling House, or retail Liquor as aforesaid, without Licence, and being thereof lawfully Convicted, shall not pay down the said Fine of Five Pounds, Proclamation Money, or forthwith give Security to pay the same, within one Month next after such Conviction, he or she so offending, shall immediately, by Order of the Court before whom such Conviction shall be, receive, at the Public Whipping Post, on his or her bare Back, Thirty lashes, well laid on, for the First Offence, in Lieu of the said Fine; and for the Second, and every future Offence, upon the refusing to pay or give the said Security for the said Fine as aforesaid, he or she shall, by Order aforesaid. receive Thirty Nine Lashes as aforesaid, and shall be committed to Prison for the Space of One Month, without Bail or Mainprize: And where the Offender is not able to pay the Fine, in that Case the Informer shall not be chargeable with any Fees accrued by reason of such Information.

XI. And be it further Enacted, by the Authority aforesaid, That no Ordinary-keeper or Master of a Tippling House, or any Person whatsoever, shall after the Ratification of this Act, trust or sell Drink to any common Sailor,