same shall be Null & Void to all Intents & Purposes whatsoever as if the same had never been made any thing herein before contained to the contrary notwithstanding.

V. And Be It Further Enacted by the Authority aforesaid that no Ticket shall hereafter be Granted to any Person intending to export his or herself out of the Government (except as before excepted) until sufficient security be first given to the Naval Officer for the payment of all such Debts as the Party so intending to depart shall be chargeable with & for which Actions shall be commenced within four Months next after such Security given or until certificate be first made to the Naval Officer by the Clerk of the Precinct Court where the Party shall reside that he hath published his Intentions to depart the Government by affixing a note to the Court House door publickly to be read by all Persons during the sitting & continuance of the two Courts next preceding such Certificate without being under Writt or any demand made to hinder his or her departure.

VI. And Be It Further Enacted that on default of so doing the Naval officer shall be liable to satisfy the creditors of all such persons who shall depart the Government by Ticket from that Office: Provided Action for the same be entered within four months after the date of such Ticket so obtained without security given or Certificates had & received from the Clerk of some Precinct Court as before mentioned.

EDW'D MOSELEY,

Speaker.

CHAS. EDEN,
N. CHEVIN,

C. GALE,

FRAN. FOSTER,

T. KNIGHT.

CHAPTER XXXV.

(Repealed by Act 6 April, 1748, ch. 10.)

An Act for Raising a Publick Magazine of Ammunition upon the Tonnage of all Vessels Laden to this Government,

I. Be It Enacted by his Excellency the Pallatine & the rest of the True & Absolute Lords Proprietors of Carolina by & with the Advice & consent of the General Assembly now met at Little River for the No. East part of the Province & by the Authority of the same.

II. And It is Hereby Enacted that the Master of Every Vessel coming into this Government shall at the time of his Entering with the Treasurer heretofore appointed for Import duties give a true acct. upon Oath (as near as he can) of the length of the Keele the breadth upon the Beam & depth of the Hold of his vessel whereby the Treasurer may be enabled to know the Tonnage thereof & shall thereupon pay unto the said Treasurer one Pound of Powder & Four Pounds of Swan Shot & Twelve Flints for every Three Tons Measure of the said Vessel or for want thereof Ten Shillings current money for every three Tons: Of all which receipts by the Treasurer a just acct. shall be kept by him & shall be laid before the Assembly when required upon Oath.

III. And Be It Further Enacted by the Authority aforesaid that the Collector or Naval Officer in every district shall not clear any Vessel till such time as the Master or Commander thereof shall produce the said Treasurers Receipt for the Powder, Shot & Flints or money in lieu thereof as aforemen

tioned under the Penalty of Twenty Pounds one half to the Publick & the other half to the Informer to be recovered by Action of Debt, Bill, Plaint or Information in any Court of Record within this Government wherein no Essoign, Protection, Injunction nor Wager of Law shall be allowed or admitted of.

IV.

Provided always that no Vessel built in this Country or whose Owners or part Owners are Inhabitants of the same shall be chargeable with or pay any the aforementioned Duties of Powder, Shot & Flints or money in lieu thereof as far as such part extends whose Owners are Inhabitants of this Country as aforesaid, Anything in this Act contained to the contrary notwithstanding.

V. And also Provided that all such Vessels as shall Import into this Government at one time the full quantity of Four Hundred Bushels of Salt & unlade the same here and Oath thereof shall be made by the Master of such Vessel, to the Powder Receiver, such Vessel shall not be liable to pay the said Powder, Shot or Flint for that Voyage.

EDW'D MOSELEY,

Speaker.

CHAS. EDEN,

N. CHEVIN,

C. GALE,

FRAN. FOSTER,

T. KNIGHT.

CHAPTER XXXVI.

An Act Concerning Roads & Ferries.

I. Be It Enacted by His Excellency the Pallatine & the rest of the True & Absolute Lords Proprietors of Carolina by & with the Advice & Consent of the rest of the Members of the General Assembly now met at Little River for the No. East part of the Province and the Authority of the same.

II. It Is Hereby Enacted that all Roads & Ferries in this Government allready laid out or appointed by virtue of any Act or Ordinance of Assembly heretofore made or declared or by virtue of any order of Court grounded thereon which are or ought to be now in use shall be & are hereby declared to be Publick Roads & Ferrys. And all persons whatsoever that ought or which have been accustomed or used to work on any such Roads & Bridges which have been made & laid out pursuant to an Act or Ordinance of Assembly or Order of Court grounded thereon shall continue to work on the same or to keep the same in repair as they should or ought to have done by virtue of such Act or Ordinance of Assembly or order of court conformable thereto. III. And Be It Further Enacted by the Authority Aforesaid, that from time to time and at all times hereafter the court of each Precinct shall have full power & authority to appoint & settle Ferrys & to order the laying out new Roads where Roads are not already appointed or used & to appoint where Bridges shall be made for the use & ease of the Precinct so as not to alter the old Roads to the prejudice of any person without the leave & licence of such person first had & obtained.

IV. And Be It Further Enacted by the Authority aforesaid that all roads hereafter to be laid out shall be laid out by a Jury of Twelve men appointed by the Precinct Court which Jury shall first take an Oath to lay out the same for the greatest ease & convenience of the inhabitants & as little as may be to the prejudice of any private man & the Damages which shall be sustained

by any private person in laying out such Roads to be equally Levied & Collected by the Surveyor of such Road on the Tythables which ought to work on the same & by him paid to the Party injured.

V. And Be It Further Enacted by the Authority aforesaid, that if any person or persons after the Ratification of this Act shall pretend to keep any Ferry or to transport any person or persons or their horses or their Cattle for pay within ten miles of any Ferry which is already or hereafter shall be appointed, such person or persons so pretending to keep Ferry for transporting any person or persons or their horses or Cattle shall forfeit & pay the sum of Ten Shillings for every man or beast so transported or ferried to the next adjacent Ferryman to be recovered by a Warrant from any Justice of the Peace upon full proof thereof made before him.

VI. Provided always that such persons who shall hereafter undertake to keep any Public Ferry by Appointment & do not provide good & sufficient Boats & keep the same in good & sufficient repair & well & sufficiently attended for the passage of all Travellers shall forfeit & pay Ten Pounds for every neglect: One half to the Informer & the other half for & towards the Contingent charges of the Government to be recovered by Bill, Plaint or Information in the General Court of this Province wherein no Essoign, Protection or Wager of Law snall be allowed.

VII.

And Be It Further Enacted by the Authority aforesaid that all publick roads already laid out or now in use or which hereafter shall be laid out shall be cleared of and from all Trees & Brush at least Ten Feet wide & such Limbs of Trees cut away as may incommode horsemen travelling that road. All Bridges or Causeways made or to be made over Swamps or small Runs of Water the pieces wherewith the same shall be made shall be laid athwart the road & at least Ten foot long well secured & made fast & covered with Earth & all Bridges over Deep & navigable streams shall be made at least ten foot wide with sufficient and strong pieces or plank at least Three Inches thick with firm & strong Post & Bearers well secured and fastened. VIII. And Be It Further Enacted by the Authority Aforesaid that the Precinct Courts shall annually appoint Surveyors of the High-ways or roads who are by this Act obliged to summon all male Tythables within their Divisions & Limits or which have been used or accustomed to work on such roads & bridges as are in the division or Limits to meet at a place & time appointed some time in the months of April & September yearly to clear all the roads & make clear & repair all bridges within their Limits or Divisions & also at any other time of the year if occasion shall require & whoever shall upon such summons refuse or neglect to appear or to do & perform their parts & duties therein the surveyor shall cause them to be summoned to appear before the next Magistrate where if he or they cannot show a reasonable cause for his or their default he or they shall be fined Fve Shillings for every Days neglect to be levied by the Order of the aforesaid Magistrate by the Surveyor to be bestowed in hiring men in the room & stead of those neglecting.

But if it shall happen that those persons who met in obedience to this Act shall perform the whole work that shall be necessary to be done at that time then all the forfeitures shall be equally divided among those who finished the work as aforesaid.

IX. And Be It Further Enacted by the Authority Aforesaid, that where the making of Bridges or Causeways shall not be judged proper to be performed by the whole Company working together it shall & may be lawful for the surveyor with one third of the company that shall be obliged to work

thereon to agree with any person or persons for performing the work And the Surveyor is hereby impowered after the work is finished to levy the same equally and indifferently by the Poll on all such as are obliged to work there. on to make Distress in case of refusal or non-payment.

X. And Be It Further Enacted by the Authority aforesaid that the Surveyor of the roads which shall neglect or refuse to do his duty as is by this Act appointed, or which shall not keep the roads or Bridges clear & in repair & which shall let them remain uncleared or out of repair after notice thereof for & during the space of Ten days unless hindered by extreme bad weather such Surveyor shall forfeit for each & every offence the sum of forty shillings (over & above such damages as shall be sustained) one half of the said sum to be employed towards the repair of the Roads the other half to him or them that will sue for the same to be Recovered by Action of Debt, Bill, Plaint, or Information in any Court of Record in this Government wherein no Injunction or Wager of Law shall be allowed or admitted of.

XI. And Be It Further Enacted by the Authority of the same that no member of the Council or Assembly or Justice of any Court, Coroner or Constable or Minister of the Church of England shall be Compelled or Compellable to work himself that shall send three persons in one district to work on any Road or Bridge. Anything in this Act contained to the contrary in any wise notwithstanding.

EDW'D MOSELEY,

Speaker.

CHAS. EDEN,

N. CHEVIN,

C. GALE,

FRAN. FOSTER,

T. KNIGHT.

CHAPTER XXXVII.

An Act to Encourage the Building of Mills.

I. And Be It Enacted by his Excellency the Pallatine, & the rest of the True & Absolute Lords Proprietors of Carolina by & with the Advice & Consent of the rest of the Members of the General Assembly, now met at Little River for the No. East part of the said Province.

II. And It Is Hereby Enacted that if any person or persons shall be de- ' sirous to build a Grist-Mill either Wind-Mill or Water-Mill within this Government it shall be lawful for the Surveyor General or his Depty. by a Warrant from the Precinct Court to lay out for such person or persons so desiring to build a Mill two Acres of land for a Water-Mill & Half an Acre for a Wind-Mill in such manner as for that use shall be most convenient upon or out of any man's land which said land shall be Appraised by Four honest men of the neighborhood appointed by the Precinct Court who shall make a true return of their appraisement upon Oath to the same Precinct Court & the owner of the said land for the Consideration Money by the said Appraisers appointed shall be bound to make a Conveyance of the same land to him or them that build such Mill or Mills their Heirs or Assigns with liberty of Egress & Regress to & from the same under this Condition & express limitation & provision that such person or persons to whom the said land shall be conveyed do erect, build & finish on the land so conveyed a substantial working Mill within the Term of Two years after the date of the conveyance otherwise to be Void & of none effect.

III.

Provided always that the Court shall first give the owner of the land notice of the motion of any person to build a Mill on his land & if the owner will give Security to build a substantial working Mill on any part of his land then the motion of such person or persons to be rejected. And also provided that in the laying out of the aforementioned two Acres or half acre ro person's Garden or Orchard be injured thereby.

IV. And It Is Hereby Further Enacted by the Authority aforesaid, that whosoever shall build such Mill or Mills shall have liberty to make use of any timber for that purpose on any lands adjacent making full satisfaction to the owners thereof & to be appraised as is aforesaid.

V. And it is Further Enacted that all such Mills as are or shall be built as aforesaid, shall be deemed Publick Mills & the Owner thereof or such as occupy & use the same shall be obliged as soon as their turn comes in course or as possibly they can grind Wheat & Indian Corn for all such persons as shall require the same & shall take care that the same be forthcoming again to the Owner on demand the lawful Toll only excepted under pain of double the value to be immediately Levied by a Warrant from the next Justice of the Peace & paid to the Party injured which being well ground without any fraud or deceit they shall not have or exact any larger or greater Toll than one eighth part of Wheat & one Sixth part of Indian Corn under the penalty and forfeiture of Ten times the value of the Wheat or Corn so brought to the Mill One half to the poor of the Parish, the other half to him or them that shall sue for the same, to be recovered by Acct. of Debt, Bill, Plaint, or Information made to the Precinct Court, wherein no Injunction or Wager of Law shall be allowed or admitted of.

EDW'D MOSELEY,

Speaker.

CHAS. EDEN,

N. CHEVIN,

C. GALE,

FRAN. FOSTER,
T. KNIGHT.

CHAPTER XXXVIII.

An Act to Appoint Publick Registers and to direct the Method to be observed in Conveying Lands, Goods, & Chattels & for preventing Fraudulent Deeds & Mortgages.

I. Whereas his Excellency the Pallatine & the rest of the True & Absolute Lords Proprietors among other Priviledges & Immunities have given & granted to this their Province to choose Publick Registers: In pursuance thereof to the said Grant and for the better & more effectual prevention of Fraudulent Deeds, Alienations & Mortgages. Be It Enacted by his Excel. lency the Pallatine & the rest of the True & Absolute Lords Proprietors of the Province of Carolina by & with the Advice & Consent of the rest of the Members of the General Assembly now met at Little River for the No. East part of the said Province.

II. And It Is Hereby Enacted by the Authority of the same that it shall & may be lawful for all or the Major part of the Inhabitants & Freemen of each [recinct (who are qualified to vote in the election of Burgesses) to meet the first day of April next at the usual place for the election of Burgesses then & there by Majority of votes to elect Three Freeholders as Candidates for the said Office which said Candidates 30 elected the Provost Marshall or his