or be otherwise disabled during the Vacancies of the County Court afore said, it shall and may be lawful for three or more Justices of the Peace, nearest to the Place where such Inspector did reside, to meet and appoint a Person to execute that Office until the Meeting of the next County Court; and such Person so appointed shall have the same Powers and Authorities, and be under the same Restrictions, as any Inspector appointed by Virtue of this Act.

XIV. And be it further Enacted, by the Authority aforesaid, That where it shall be necessary to appoint a Person or Persons, to assist either of the said Inspectors in the Execution of his Office, it shall and may be lawful for such Inspector, with the Approbation of the County Court, to appoint one or more Persons to assist him therein; which Person or Persons so appointed before he enters upon the Execution of his Office, shall take the Oath in this Act before mentioned.

XV. And be it further Enacted, by the Authority aforesaid, That Mr. John Sampson, is hereby appointed Inspector to reside at Wilmington, and Mr. William Ross, Inspector, to reside at Brunswick; who shall qualify as such at the next County Court to be held for the County of New Hanover, though they are not to enter upon their Offices until the first Day of January next. XVI. And be it further Enacted, by the Authority aforesaid, That all and every the Fines and Forfeitures arising or accruing by Virtue of this Act, may be sued for and recovered in any Court of Record in this Province, by the Inspectors, or either of them, or by the Church Wardens of the Parish, by Action of Debt, Bill, Plaint, or Information; wherein no Essoign, Injunction, Protection, Privilege, or Wager of Law, shall be allowed or admitted of; or before any Justice or Justices of the Peace of the said County, Regard being had to his or their Jurisdiction.

XVII. And be it further Enacted, by the Authority aforesaid, That if any Person or Persons shall be sued or prosecuted for any Matter or Thing done in Execution of this Act, such Person or Persons may plead the General Issue, and give this Act, and the special Matter in Evidence.

XVIII. And be it further Enacted, by the Authority aforesaid, that this Act shall remain in full Force and Virtue, for and during the Space and Term of Three Years, from the Ratification hereof; and from thence to the End of the next Session of Assembly, and no longer.

CHAPTER II.

An Act for Regulating the Pilotage at Cape Fear River, and to impower the Captain of Fort Johnston, at the Mouth of the said River, to examine all Vessels entering the said River, concerning the Health of their Crews on board the said Vessels.

I. Whereas the Pilotage of Cape Fear River is at present under no Regulation by Law, and many abuses may be committed, and the same much neglected.

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 by the Authority of the same, That the Honourable John Rutherford, Esq., William Dry, Richard Quince, John Lyon, and Lewis DeRosset, Esqrs., be, and they are hereby appointed Commissioners, and they, or the Majority of them, are hereby authorized and impowered, from Time to Time, to examine such and

so many Persons, who shall, from Time to Time, offer themselves to be Pilots for Cape Fear aforesaid, not exceeding Seven in Number.

III. And be it further Enacted, by the Authority aforesaid, That the aforesaid Commissioners, or the Majority of them, upon their Examination and Approbation of any Person, that he is properly qualified to act as a Pilot, shall give to such Person a certificate, under their Hands, to the Governor or Commander in Chief for the Time being, in order for his Approbation, and to obtain a Branch to Act as Pilot for the said River.

IV. And be it further Enacted, by the Authority aforesaid, That every such Person so obtaining a Branch to be Pilot, shall, before he enters upon his Calling or Business, give Bond, with Two sufficient Sureties, to the Governor or Commander in Chief for the Time being, his Successor or Assigns, in the Sum of One Hundred Pounds, with the Condition for the due and faithful Performance of his Office; Which Bond shall be in Trust for such Person or Persons as shall appear to be injured by such Pilot's Negligence, or Non-Performance of the Condition of the said Bond; and shall be assigned to any Person or Persons so injured petitioning for the same, who shall and may maintain an Action thereon.

V. And be it further Enacted, by the Authority aforesaid, That upon the Misbehaviour of any Pilot in his Office, the Commissioners aforesaid or the Majority of them shall, and they are hereby authorized and impowered, to remove such Pilot from his Office, and to appoint another in his stead, until the Pleasure of the Governor or Commander in Chief shall be known.

VI. And be it further Enacted, That the several Pilots for the River aforesaid, shall and may take and receive, for piloting every Vessel over the Bar up to Brunswick, the Rates, in Proclamation Money, according to the following Table, to-wit:

For each Vessel drawing Six Feet Water, or less, Ten Shillings.

For each Vessel, drawing from Six to Ten Feet, at the Rate of Two Shillings per Foot.

From Ten to Twelve Feet, Two Shillings and Four Pence per Foot.

For Twelve Feet, Three Shillings per Foot.

For Thirteen Feet, Three Shillings and Four Pence per Foot.

For Fourteen Feet, Four Shillings per Foot.

For Fifteen Feet, Four Shillings and Six Pence per Foot.

For Sixteen Feet, Five Shillings and Four Pence, per Foot.

For Seventeen Feet, Six Shillings and Eight Pence, per Foot.

And for Piloting a Vessel from Brunswick up to the Great Island, one Third Part of the above Rates, according to the Draught of Water of such Vessel respectively: And from the said Great Island over the Flats up to Wilmington, one other Third Part of the said Rates as aforesaid.

And for Piloting each Vessel outward bound, the like Rates shall and may be taken, for the like Distances and Draughts of Water respectively, as are herein before ascertained for Vessels inward bound.

VII. And be it further Enacted, That no Pilot shall presume to take other or greater Fees than aforesaid, under the Penalty of Forty Shillings; to be recovered, by any Person suing for the same, before any Two Justices, by Warrant.

VIII. And be it further Enacted, That if any Vessel shall come over the Bar before a Pilot gets on board the same, such Vessel shall not be liable to pay above one half of the Pilotage allowed by this Act; Any Thing hereinbefore contained to the contrary, notwithstanding.

IX. And be it further Enacted, That the Commissioners aforesaid shall affix a true Copy or Table of the several Rates of Fees aforesaid, to be taken

by the Pilots for the River aforesaid, in the Office of the Custom-house for the Port of Brunswick; that the Masters of Vessels and others concerned, may have Recourse to the same.

X. And whereas it may tend to the great Disadvantage of his Majesty's Subjects in this Province, if any contagious, pestilential, or malignant Distemper should be brought into the Place or River aforesaid: For Remedy whereof,

XI. Be it Enacted, by the Authority aforesaid, That the Commander of Fort Johnston, for the Time being, shall be, and he is hereby authorized and impowered, to administer an Oath to each and every Commander of a Vessel coming into a Port aforesaid, whether he hath any contagious Distemper on board such his Vessel; and the said Pilots are hereby commanded and required not to proceed with such Vessel higher up the River than the said Fort, before such Master of Vessel shall go on Shore and declare, upon Oath, to the Commander of the Fort aforesaid for the Time being, whether there be any contagious Distemper or not on board his said Vessel, and until a Permission be given by the Commander of the said Fort for that Purpose, under the penalty of Fifty Pounds, Proclamation Money: For which Oath and Permission, the Commander of the Fort for the Time being, shall and may have and receive, from the Commander of such Vessels, the Sum of Five Shillings, Proclamation Money.

XII. And be it further Enacted, That if it should happen that any such Vessel shall have any contagious Distemper on board, the Commander of the said Fort shall order the said Vessel to lie opposite the said Fort, until further Orders shall be given by the Commissioners aforesaid, or the Majority of them; and the said Commissioners or the majority of them, are hereby authorized and impowered to give such directions for the said Vessel and her Crew performing Quarantine, as they shall think necessary, to prevent the spreading of such Contagion: And if any Master or Commander of a Vessel, so ordered to perform Quarantine, shall not obey such Order, such Master or Commander shall forfeit the Sum of One Hundred Pounds, Proclamation money, to be be covered by the said Commissioners, in their own Name, by Action of Debt, Bill, Plaint, or Information, in the General Court of this Province.

XIII. And whereas it happens, that Vessels bound into the River aforesaid, often come on the Coast in thick Weather, and frequently fire Guns, to acquaint the Pilots of their being on the Coast.

XIV. Be it therefore Enacted, That the Commander of the said Fort for the Time being, shall, and he is hereby required to answer such Vessels by firing one or more Guns, not exceeding Three; for which Powder so expended, the Commander of such Vessel shall pay and satisfy the Commander of the said Fort an equal Quantity of Gun-powder, or pay and satisfy him for the same, at and after the Rate of Two Shillings, Proclamation Money, for each Pound of Gun-powder so by him expended; and the Commander of the said Fort shall forthwith give Notice to the Pilot or Pilots, of such Vessel being on the Coast, And if such Pilot shall not forthwith go out to such Vessel, if in the Day Time, such Pilot shall forfeit and pay the Sum of Forty Shillings, Proclamation Money, for every Neglect; to be recovered before any Two Magistrates, by the Commander of this Fort.

XV. And be it further Enacted, That the several Forfeitures arising by this Act, not therein before applied, shall be paid to the Commissioners of the said Fort, or their Order, for and towards the maintaining thereof.

XVI. And be it further Enacted, by the Authority aforesaid, That in Case of the Death, Refusal to Act, Departure out of the Country, or other

Disability, or any of the said Commissioners, it shall and may be lawful for the remaining Commissioners, or the Majority of them, and they are hereby required, to elect another in the Room and Stead of the Commissioner Disqualified or disabled as aforesaid: Which Commissioner so elected shall be, and is hereby invested with all the Power and Authority of any Commissioner herein before named.

CHAPTER III.

An additional Act to An Act, intituled, Feme Coverts how to pass Lands. I. Whereas the Method prescribed for Feme Coverts to convey their Estates in Lands in this Province, by an Act of Assembly, made at a General Biennial Assembly, held on the Seventeenth Day of November, in the Year of our Lord One Thousand Seven Hundred and Fifteen, intituled, Feme Coverts how to pass Lands, in many Cases, hath been found, by Experience, to be impracticable; by Reason that the Right of Inheritance of many Lands in this Province is in Feme Coverts who are Residents of neighbouring Governments; and in such Cases, Conveyances have been made by the Husband, with the Wife's Consent, and sometimes by both, and at other times by the Wife only, and afterwards ratified and confirmed by the Husband; by Means whereof the Titles of many Persons are become precarious and doubtful, and much Land lies uncultivated; to the great Dimunition of the Revenue of the Crown:

II. 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 from and after the passing of this Act, all Conveyances in Writing, and sealed by Husband and Wife, for any Lands, and by them personally acknowledged before the Chief Justice, or in the Court of the County where the Land lieth, the Wife being first privily examined before the Chief Justice, or some Member of the County Court, appointed by the said Court for that Purpose, whether she doth volurtarily assent thereto, and registered according to the Directions of the Laws of this Province, shall be as valid in Law to convey all the Estate and Title which such Wife may or shall have in any Lands, Tenements, or Hereditaments so conveyed, whether in Fee-simple, Right of Dower, or other Estate, not being Fee-Tail, as if done by Fine and Recovery, or any other Ways or Means whatsoever.

III.

Provided nevertheless, That where any such Conveyances as aforesaid shall be acknowledged by the Husband, or proved by the Oath of one or more Witnesses, before the Chief Justice, or County Court where the Land lieth, and it shall be represented to the Chief Justice or County Court aforesaid, that the Wife is a Resident of any other Country, or so aged or infirm that she cannot travel to the Chief Justice or County Court, to make such Acknowledgement as aforesaid, it shall and may be lawful for the Chief Justice or County Court, by his or their Order, to direct the Clerk of the County Court where such Land lieth, to issue a Commission of Two or more Commissioners, for receiving the Acknowledgement of any Deed of such Feme Covert, for passing her Estate in any Lands, Tenements, or Hereditaments; and such Deed, acknowledged before them, after they have examined her privily and apart from her Husband touching her Consent, and certified by the County Court to which the Commission shall be returnable, shall, by order of the County Court, be registered, with the Commission and Return,

and shall be as effectual as if personally acknowledged before the Chief Justice or County Court of such Feme Covert.

IV. And for preventing Mistakes in issuing out such Commissions, Be it Enacted, by the Authority aforesaid, That the several Clerks of this Province, shall issue the same, in the Form following, to-wit:

North Carolina, C. County, ss.

George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c.

To A. B., C. D. and E., Gentlemen, Greeting.

Whereas F. G. hath produced a Deed of Conveyance, made to him from H. I. and K. his Wife, of a certain Tract or Parcel of Land, lying and being in the County of .. in our Province of North Carolina, and procured the same to be proved or acknowledged by the said H. I. before I. K. our Chief Justice of our said Province, (Or in the Court of our said County of C. as the Case may be) and it being represented to our said Chief Justice, or to our said Court, that K. the Wife of the said H. I. is an Inhabitant of our said Province, or of or is so aged and infirm, (here as the Case

..........

.......

may be) so that she cannot travel to our said Chief Justice, or Court of our said County of ..... to be privily examined as to her free Consent in executing the said Conveyance. Know ye, that we, in Confidence of your Prudence and Fidelity, have appointed you, and by these present do give unto you, or unto any two of you, full Power and Authority, to take the private Examination of the said K. Wife of the said H. I. concerning her free Consent in her executing the said Conveyance: And therefore we command you, or any two of you, that at such certain Day and Place as you shall think fit, you go to the said K. if she cannot conveniently come to you, and privily, and apart from her husband, examine her the said K. whether she executed the said conveyance freely and of her own Accord, without Fear or Compulsion of the said H. I. her Husband; and the Examination being distinctly and plainly wrote on the said Deed, or on some Paper annexed thereto, and when you shall have so taken the said Examination, you are to send the same, closed up, under the Seals of you, or any two of you, together with this Writ, unto our said Court, to be held for the said County of . on the ...... Day of ........ next ensuing, in the Witness L. M. Clerk of our said Court, at

anno Dom. 17.....

Year of our Reign. the

......

Day of

L. M., CL. C.

V. And for the greater Security of Purchasers, Be it Enacted by the Authority aforesaid, That all Deeds and Conveyances of Lands, heretofore made by the Husband and wife, or by the wife, and afterwards ratified and confirmed by the Husband, wherein a valuable Consideration is expressed, for any Estate or Title of any Feme Covert, in any Lands, Tenements, or Hereditaments. whether in Fee-simple, Right of Dower, or other Estate, not being Fee-tail, where such Deeds or Conveyances have been registered within Twelve Months from the Date thereof, or shall be registered within the Space of One Year after the Return of the Commission for taking the Examination of the Wife, as hereinbefore mentioned, or where the Person or Persons to whom the same hath been made, hath actually entered therupon, and hath continued in Possession thereof for the Space of Seven Years, by Virtue of such Deeds; they shall be respectively as valid in Law, and take Effect as fully, to the benefit of all Persons respectively in Possession thereby, and their Heirs and Assigns, against the Husband and Wife, and every of their