lecting the aforesaid Tax as aforesaid, to pay so much Money out of the same to any such Person as shall have been allowed by such Court. IV.

And whereas there was no Court held for the said County in the Year One Thousand Seven Hundred and Sixty, or Magistrates qualified at the Times by law appointed for taking the List of Taxables; by Means whereof, there was no Public, County, or Parish Tax, collected for that Year; Therefore Be it Enacted, by the Authority aforesaid, That the Sheriff of the aforesaid County is hereby directed and authorized, to collect from the Taxable Persons of the aforesaid County, the Public Taxes, already imposed by the several Acts of Assembly of this Province, by the List of Taxables returned by the Justices of such County, in the Year One Thousand Seven Hundred and Fifty-nine, and account for the same to the Treasurer, in the same Manner, and under the like Rules and Restrictions, as he is by Law to account for and pay other public Taxes; and the Justices of the aforesaid Inferior Court, and the Vestry of the Parish of St. George, within the said County of Northampton, respectively, shall, as soon as convenient may be, lay such Tax on the county or Parish (as the Case may be) for defraying and paying all such County or Parish Debt or Debts, and which ought to have been collected and paid in the year One Thousand Seven Hundred and Sixty, and apply the Monies thereby arising, to such Use or Uses as the same was levied for; any Law, Usage or Custom to the contrary notwithstanding.

V. And be it further Enacted, by the Authority aforesaid, That if any Public Warehouse shall hereafter be burnt with Tobacco therein, sent from any other County than that wherein such warehouse shall be, the loss sustained thereby, shall be made good to the sufferers by the County where such tobacco shall have been made; and upon due Proof made thereof to the Inferior Court of the County where such Tobacco shall have been made, such Court is hereby directed and impowered, to allow for the same, and lay a Tax on the Inhabitants thereof sufficient to pay and satisfy such loss: which said tax shall be collected by the Sheriff, in the same manner as other taxes; and the Sheriff shall pay the money so to be collected, to such person as the said Court shall order, having a claim for such Tobacco burnt as aforesaid.

VI. And be it further Enacted by the Authority aforesaid, That in either of the aforesaid Cases, if there shall be a greater Sum of Money levied and collected by Virtue of this Act than will be sufficient to answer the Purposes thereby intended, the overplus shall be applied towards discharging the Debts of the County, where the same shall be laid.

CHAPTER VII.

An Act for Altering the Times of holding the Superior Court of Pleas and Grand Sessions for the District of New Bern; and also the Inferior Courts of Pleas and Quarter Sessions in the Counties of Orange, and Carteret; and for other Purposes.

V. And whereas giving a power to Two Justices to take Cognizance of, and determine all debts above the Value of Twenty Shillings, Proclamation Money, and not exceeding Forty Shillings, like Money, from the great Difficulty and Inconvenience of getting Two Justices together, has been found not to answer the Purpose by Law intended; wherefore be it Enacted, by the Authority aforesaid, That all Debts and Demands, not exceeding Forty Shillings, Proclamation Money, shall, and are hereby declared to be cognizable

and determinable by any one Justice of the Peace; who shall have full Power and Authority to give Judgment, and thereupon to award Execution against the Goods and Chattels, or body of the Debtor, or Party against whom Judgment shall be given; but if either of the Parties shall be dissatisfied with the Judgment given by any Justice, he may appeal to the next Inferior Court of Pleas and Quarter Sessions, under the same Rules and Regulations, as are directed by an Act, intituled, An Act to establish Inferior Courts of Pleas and Quarter Sessions in the several Counties in this Province VII. And be it further Enacted, by the Authority aforesaid, That so much of One Act of Assembly, intituled, An Act for establishing Superior Courts of Pleas and Grand Sessions, and regulating the Proceedings therein; and also, so much of one other Act, intituled, An Act to establish Inferior Courts of Pleas and Quarter Sessions in the several counties in this Province as relate to any Matter or Thing within the Purview of this Act, are hereby repealed and made void.

CHAPTER VIII.

An Act for building a Court House in the Town of New Bern, in the County of Craven for raising a Tax, and for appointing Commissioners for building the same; and for repealing an Act passed at Wilmington the 20th Day of November, 1759, intituled an Act, for appointing Commissioners for finishing the Court House already begun in the Town of New Bern; and for other Purposes.

(Printed in Private Acts, post.)

CHAPTER IX.

An Act to prevent the Exacting of illegal and exorbitant Fees in levying
Executions by Sheriffs, and other Officers.

I. Whereas there is not any Law in Force in this Province to oblige the several Sheriffs to deliver an Account, or Bill of their Fees, on levying of any Execution; For want of Which, many illegal and exorbitant Fees have been exacted, to the great Oppression of Suitors, and others;

II. Be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That from and after the First Day of June next, each and every Sheriff within tnis Province, shall, on levying any Execution for any Debt, Damages, or Costs, for which such Execution shall issue, make out a Bill of his Fees due on such Action or Suit; and set down under the said Bill, the amount of the Clerk's, Attorney's, or other indorsed Fees separately and distinctly, and give Receipt for the same to the Party against whom such Execution shall issue; and also shall indorse the Amount of his own Fees he shall so take, on the Back of such 'Execution, to be entered by the Clerk on the Execution Docket; And in Case any Sheriff within this Province, or any other Person authorized to levy any Execution, shall fail or neglect to make out such Bill of his Fees, and set down the Clerk's, Attorney's and other indorsed Fees as aforesaid; and also indorse his own Fee on the Back of the Execution as aforesaid, the Sheriff or other Person so failing, shall Forfeit and pay the Sum of Ten Pounds Proclamation Money; To be recovered by Action of Debt, in the Court from whence such Execution issued; wherein no Essoign, Injunction, or Wager of Law, shall be allowed or admitted of; one Half of which Sum shall go to the Party who shall sue

for the same, and the other Half to be applied towards the contingent Charges of the County wherein such Sheriff resides.

CHAPTER X.

An Act for amending an Act, intituled, An Act for dividing the Parish of St. John, in Granville County.

I.

Whereas by an Act of Assembly passed at Edenton the Twenty Third Day of November, in the Year of our Lord One Thousand Seven Hundred and Fifty Eight, intituled, An Act for dividing the Parish of St. John's in Granville County, it was Enacted, That the said Parish should be divided by a Line beginning at Cotton Creek, where the Virginia Line crosses the same; and there be no such Place found, by which means Disputes are likely to arise between the Inhabitants of each Parish concerning the said Line: For Prevention whereof,

II. We pray that it may be enacted, And be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That at any Time after the First Day of May next, the said dividing Line be run as followeth, to-wit, To begin where Jefferson's Road now crosses the Virginia Line, running thence a direct Line to Horse Creek, where Johnson County Line crosses the said Creek; and all that part of the said Parish formerly called St. John's, which shall be Eastward of the said Line shall remain and be called the Parish of St. John's; and all that part of the said parish which shall be to the westward of said Line, shall be held, deemed, taken, and called the Parish of Granville.

III. And be it further Enacted, by the Authority aforesaid, That Mr. Robert Harris, Mr. Richard Henderson, Mr. William Johnston, and Mr. Gideon Macon, and they or any Two of them, are hereby appointed Commissioners to run the said Line; and that the Parish of Granville bear the expence of the same, to be paid by the Church Wardens out of the Parish Tax. IV. Provided, That nothing herein contained shall be construed to debar the Sheriff or Collector of the Parish of St. John's, from making Distress for any Levies or Taxes which shall be due to said Parish from such Inhabitants, as were deemed before the passing of this Act to be within the Parish of St. John's, anything herein contained to the contrary, notwithstanding.

CHAPTER XI.

An Act for adding Part of Orange County to Johnston County, and for ascertaining the Dividing Line between the said Counties.

I. Whereas the Inhabitants of that Part of Orange County lying upon Neuse River labour under great Inconveniency, by reason of the Great Distance to the Court House of the same County;

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That that Part of Orange County, lying on Neuse River, be added to the County of Johnston; and be divided by a Line to begin at the South West Corner of Granville County, and running thence to a due South Course to Johnston or Cumberland County Line, which of the said County Lines it may first intersect.

III. And be it further Enacted, by the Authority aforesaid, That William

Churton and Theophilus Hunter be, and they are hereby appointed Commissioners to run the said Line.

IV. And for defraying the Charges thereof, Be it Enacted, by the Authority aforesaid, That the Inferior Court of Pleas and Quarter Sessions of Johnston County be, and is hereby impowered, to lay a Poll Tax, not exceeding the Sum of Four Pence, Proclamation Money, per Taxable, upon the Inhabitants of Johnston County, and shall cause the same to be levied in the same Manner that the Public Taxes are levied; and shall, out of the Money arising by the said Tax, pay and satisfy the Commissioners aforesaid, for their Trouble and Charges expended in runing the Lines aforesaid, and shall apply the Money remaining (if any there be) to the Use of the County.

V. And be it further Enacted, by the Authority aforesaid, That the Part of Orange County hereby added to Johnston County, from henceforth shall be deemed, held and taken to be Part of the County of Johnston; and that the Inhabitants thereof be subject and liable to the same Rules, Orders, and Taxes, as any other of the Inhabitants of the said County now, or shall hereafter be subject or liable to; any Law, Usage, or Custom, to the contrary, notwithstanding.

VI. And be it further Enacted, by the Authority aforesaid, That nothing herein contained shall be construed to debar the Sheriff of the aforesaid County of Orange, as the same stands now undivided, to make Distress for any Taxes, Levies, Fees, or other Dues, that are now, or shall be due from the inhabitants of the said County for the Year of Our Lord One Thousand Seven Hundred and Sixty, or before, that he may make Distress in the same Manner as by Law the said Sheriff could or might have done if the said County had remained undivided; and the said Levies, Fees and other Dues, shall be collected and accounted for in the same Manner as if this Act had never been made; any Thing herein contained, to the contrary, notwithstanding.

CHAPTER XII.

An Act for enlarging the Time for Inspection of Tobacco at the Public Warehouse in the Town of Tarborough, in the County of Edgecomb, and for increasing the Salaries of the Inspectors thereof.

I. Whereas it has been represented to this Assembly, that by Reason of the great Quantity of Tobacco brought to the Inspection at the Town of Tarborough, in the County of Edgecomb, the Inspectors officiating at the said Inspection, cannot discharge the Duty of their Office in the Time limited by the former Acts of Assembly of this Province; For Remedy whereof,

II. We pray that it may be Enacted, And be it Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That from and after the Tenth Day of July next, the Inspectors of Tobacco for the aforesaid Warehouse, shall constantly attend the said Warehouse, from the First Day of October until the last Day of March, Sundays, and Holy Days, or when hindered by Sickness, excepted, and shall receive and inspect all Tobaccoes brought to the said Warehouse within the Time Limited as aforesaid, under the same Rules and Restrictions, and the like Pains and Penalties, as by the former Acts of Assembly of this Province are inflicted and directed; And that the said Inspectors, for their Services in attending the said Inspection, shall be paid the Sum of Forty Pounds, Proclamation Money, each, Annually, instead of the Salaries by the Former Acts of Assembly of this Province specified.

CHAPTER XIII.

An Act to appoint Commissioners of the Roads for a certain District in Bladen County.

(Printed in Private Acts, post.)

CHAPTER XIV.

An Act to impower the several Superior and Inferior Courts within this Province to admit a Copy of the last Will and Testament of any Person deceased to be given in Evidence. Expunged.

CHAPTER XV.

An Act to dock the Entail of certain Lands therein mentioned, vesting the Fee-simple thereof in Blake Baker, and for settling other Lands in Lieu thereof to the same Uses.

(Printed in Private Acts, post.)

Read Three Times and ratified in open Assembly, 23rd Day April, 1761.

Signed by

ARTHUR DOBBS, ESQ., Governor.

James Hasell, President.

SAMUEL SWANN, Speaker.