CHAPTER XLIV.

(See Act 27 Nov., 1729, ch. 5.)

An Act appointing Toll-Books to be kept at or near Katherine's Creek in Chowan Precinct at the Head of Perquimans River & at the mouth of the North West River in Corratuck Precinct, And to Prevent Persons from transporting or driving Horses, Cattle or Hoggs to other persons' Lands.

I. Whereas divers persons, Inhabitants of Virginia frequently comeing into this Government to purchase Cattle or Hoggs it may be greatly feared they may drive away Cattle or Hoggs which they have not purchased. And whereas divers persons as well as Inhabitants of this Government as of Virginia do very often drive, lead or carry Horses, Cattle & Hoggs to other persons' Lands where they suppose it is better herbage or Mast than that whereon they are dwellers, for prevention whereof.

II. Be It Enacted by his Excellency 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 North East part of the said province & by the Authority of the same.

III. It Is Hereby Enacted that there shall be at Katherine's Creek in Chowan Precinct at the head of Perquimmins River & at the Mouth of the North West River in Corrituck Precinct Persons appointed by the Governor or Commander in Chief for the time being to keep a Toll-Book and all persons whether Drivers, Purchasers or Owners of Cattle or Hoggs shall be obliged to enter in the Toll-Book every Beast or Hogg with their Mark & Distinction & of whom purchased & that what person soever shall drive Cattle or Hoggs to Virginia & shall neglect to enter the same in the respective Toll-Book according to this Act shall forfeit every such beast or Hogg which shall be so omitted as afors'd. And if such Beast or Hogg be not to be had the person so omitting shall forfeit & pay the sum of Forty shillings to be recovered by a Warrant from the next Justice of the Peace. IV. And It Is Hereby Enacted that every purchaser, owner or Driver of Cattle & Hoggs shall pay unto the person appointed to keep the said TollBook Two pence for every beast & one penny for every Hogg which shall be so driven & entered in the said Toll-Book.

V. And Be It Further Enacted by the Authority afors'd that if any person or persons whatsoever either inhabiting in Virginia or in this Government shall after the Ratification of this Act presume to drive, lead, transport or carry any Cattle, Horses, or Hoggs to range upon any person's Lands shall forfeit & pay the sum of Ten pounds & that no person or persons whatsoever inhabiting this Government shall give leave to any other person or persons either Inhabitants or Foreigners to turn loose, drive & put on his Land any Horses, Cattle, or Hoggs under the like penalty of Tenn pounds.

VI. And Be It Further Enacted by the Authority aforesaid that no Foreigner whatsoever either by the consent or permission of any other person or persons inhabiting this Government or otherwise shall presume or offer to drive, lead or bring into this Government any Stocks of Cattle, Hoggs or Horses with intention to winter them here or to destroy the Herbage or Mast under the penalty of Twenty pounds & it is hereby meant & intended & so shall be understood & taken that no person shall be deemed an Inhabitant that holds land by Entry, Survey or Patent but such as actually

& constantly reside on such Lands or keep the same always Tenanted, Cultivate & Improved.

VII. And It Is Hereby Further Enacted by the Authority afors'd that the Ranger of each precinct or division where such offence shall be committed or (on his Default) the keeper of the Toll-Book is hereby appointed to make distress of such Cattle, hoggs, or horses of any person or persons offending; the one half of which Fine or Forfeiture shall be to the Ranger or keeper of the Toll-Book whichsoever shall make the Distress & the other halfe to the Church Wardens & Vestry for the use of the Parish where the offence shall be committed.

VIII. And Be It Further Enacted by the Authority afors'd that all Fines & Forfeitures in this Act mentioned and not herein and hereby expressly and particularly mentioned to whom they shall be paid & how to be recovered shall be one half to the Church Wardens & Vestry for the use of the Parish where the offence shall be committed & the other half to him or them that shall sue for the same in any Court of Record in this Government by Bill, Plaint or Information wherein no Essoign, Protection, Wager of Law or Injunction shall be allowed or admitted of.

EDW'D MOSELEY,

Speaker.

CHAS. EDEN,
N. CHEVIN,

C. GALE,

FRAN. FOSTER,

T. KNIGHT.

CHAPTER XLV.

What Fences are Sufficient.

I. Be It Enacted by his Excellency the Pallatine & the True & Absolute Lords Proprs. of Carolina by & with the Advice & Consent of this Present General Assembly now met at Little River for the North East part of the said Province.

II. And It Is Hereby Enacted that every planter shall make a sufficient Fence about his clear Grounds Five foot high & the end of every Raile not to be above four Inches asunder untill the Fence be three foot high from the Ground which if any person be deficient in whatsoever Trespass or Damage such person shall sustain by Horses, hoggs or Cattle the owner of such Horses, hoggs or Cattle shall not be Liable to any Action of Trespass or to make Satisfaction for such Injury.

III. And Be It Further Enacted that if any person whose Fence is insufficient shall with Gunns, doggs or otherwise unreasonably chase, worry, Maim or kill any cattle, hoggs or horses or cause the same to be done such person so offending shall make Full Satisfaction for such Damages or injury to the owners of such horses, hoggs or cattle as he shall thereby sustain to be recovered by Action of Debt in the Court of the Precinct wherein such Injury shall be committed wherein the Testimony of one Witness shall be sufficient proof Provided the Damages do amount to above Value of forty Shillings but in case the Damages be less than Forty Shillings then the same shall be Tryable, Issuable & Determinable by & before Justices of the Peace only as by the Act intitulled an Act for the Trial of Small & Mean Causes is directed & provided.

IV. But In Case any Horses, Hoggs Or Cattle shall Trespass upon any

one's Land whose Fence shall be sufficient according & agreeable to the
Directions of this Act which shall be determined by any two sufficient Free-
holders of the Neighborhood Indifferently chosen & sworn before some Mag-
istrate, Then the Owner of such Horses, Hoggs or Cattle shall make full
satisfaction for the Trespass to the Party Injured to be recovered in such
Manner as is herein before by this Act directed.

V. And It Is Further Enacted by the Authority afors'd that every person
whose Horse or Mare or Gelding shall break into any Inclosed Grounds
Fenced according to the Direction of this Act such person or persons shall be
bound to keep such unruly horse or Mare or Gelding from the Tenth Day of
March untill the Tenth Day of November Yearly under the penalty of pay-
ing double Damages with Cost to the party Injured, for the Second Offence
or Trespass & for the Third Offence Treble Damages to be recovered as
afors'd.

EDW'D MOSELEY,

Speaker.

CHAS. EDEN,

N. CHEVIN,

C. GALE,

FRAN. FOSTER,

T. KNIGHT.

CHAPTER XLVI.

(Repealed by Act 4 April, 1741, ch. 24.)

An Act Concerning Servants & Slaves.

I. Be It Enacted by his Excellency the Pallatine & the Rest of the True & Absolute Lords Proprs. of Carolina by & with the Advice & Consent of this Present General Assembly now met at Little River for the No. East part of the said Province.

II. And It Is Hereby Enacted that all Christian Servants Imported or to be Imported into this Government above Sixteen Years of Age without Indentures shall serve Five Years. And all under the Age of Sixteen Years at the time of their Importation shall serve till they be Two & Twenty Years of Age. And the Age of such Servant or Servants to be adjudged by the Precinct Court where the Master or Mistress of such servant resides. Provided the Master or Mistress of such servant do carry him or her to the said Court within Six Months after their Importation. Otherwise such Servant or Servants shall serve no longer than those of Sixteen years are above appointed to serve by virtue of this Act.

III. And Be It Further Enacted by the Authority afors'd that every Chris-
tian Servant whether so by Importation or by Contract made in this Gov-
ernment that shall, at any time or times absent him or herself from his or
her Master or Mistress' service without his or her License first had shall
make satisfaction by serving after the time by Custom or Indenture or Con-
tract for serving is expired, double the time of Service lost or neglected by
such time or times of Absence & also such longer time as the Court shall
see fit to adjudge in consideration of any further Charge or Damages accrue-
ing to the Master or Mistress by such time or times of Absence as afore-
said.

IV.
And Be It Further Enacted that if any Christian Servant shall lay
violent hands on his or her Master or Mistress or Overseer, upon proof

thereof made, shall for every offence suffer such corporal punishment as the Court shall think fit to adjudge. And as an Incouragement for Christian servants to perform their service with Fidelity & cheerfulness.

V. Be It Further Enacted that every Master or Mistress shall provide for their servants so Imported or Indented Competent Dyet, Clothing & Lodging. And shall not exceed the Bounds of moderation in correcting them beyond their Demerits. And that it shall & may be lawfull for any Servant having just Cause of Complaint to repair to the next Magistrate who is hereby impowered, required & directed to bind over such Master or Mistress to Appear & answer the Complaint the next precinct Court and there to stand to & abide by such Orders & Judgment as the Court shall think fitt to pass thereon. And if the Magistrate shall see just cause he shall also take further security that he or she shall not in the mean time abuse such servant. And as a Further Encouragement for the faithful discharge of the such Imported or Indented Servants' services.

VI. Be It Enacted that every Christian Servant shall be allowed by their Master or Mistress at the expiration of his or her time of service Three Barrells of Indyan Corn & two new Suits of Apparrell of the Value of Five pounds at least or in lieu of one suit of Apparrell a good well-fixed Gun, if he be a Manservant.

VII. And Be It Further Enacted by the Authority afors'd that if any person or persons shall entertain or Harbour any Runaway Servant or Slave above one Night he or they so offending shall for every Four & Twenty hours afterwards forfeit & pay the sum of Tenn Shillings to the Master or Mistress of such Servant or Slave together with all Costs, Losses & damages which the Master or Mistress shall sustain by means of such entertainment or Concealment to be recovered in any Court of Record within this Government wherein no Essoign, Protection, Injunction or Wager of Law shall be allowed or admitted of.

VIII. And Be It Further Enacted by the Authority afors'd that no Master nor Mistress Nor Overseer shall give leave to any Negro, Mulatto or Indyan Slave (except such as wait upon their persons or wear Liverys) to go out of their Plantations without a Ticket or White servant along with them which Ticket at least the name of either the Master, Mistress or Overseer shall be subscribed & therein shall be incerted the place from whence he came & whither going under the Penalty of Five Shillings besides the charge of paying for the taking up of such slave or runaway.

IX. And Be It Further Enacted that all persons shall use their utmost endeavours to apprehend all such Servants & Slaves as they conceive to be Runaways or travell without Tickett as afors'd or that shall be seen off his Master's ground Arm'd with any Gun, Sword or any other Weapon of de. fence or offence altho' provided with a Tickett unless particularly mentioned and him, her or them having Apprehended shall carry & convey before the next Magistrate which Magistrate is hereby impowered to order and adjudge such Corporal Punishment to the said suspected Runaway as he shall think fitt and after correction shall order & command the Apprehender or Apprehenders to carry such slave immediately to the proper Owner if known & if not known then to the Provost Marshall for all which service the said Apprehender or Apprehenders shall be allowed the sum of Five Shillings over & above the sum of one Shilling per Mile for any distance not exceeding Ten Miles & for every Mile above Ten at the rate of Three pence per Mile According to Computation to be paid by the Master of such Slave or Servant. But in case where the Master or Owner is not known then the Provost

Marshall shall pay & satisfy the Apprehender or Apprehenders the several Premiums or Rewards before mentioned & the said Marshall before he delivers such servant or slave to the Owner or Order is hereby Authorized & Impowered to demand, receive & take of & from the said Owner not only the afors'd premiums or Rewards but also the sum of Six Pence per day during the time of the Servant or Slaves Imprisonment. Provided there we a necessity of Confinement otherwise the Labour of such Servant or Slave shall satisfy for his Imprisonment And the said Marshall is hereby Re. quired & Commanded to Proclaim such Servant or Slave in every Precinct at the three next Courts after the Receipt of such servant or Slave And if it shall happen in the mean time that such Servant or Slave shall make nis Escape, the Marshall shall not be obliged to make satisfaction unless there be sufficient Prisons provided for the security of such or that it can be made appear that he has connived at the escape or doth anyways concele such Servant or Slave from the Owner. And if any person or persons shall kill any Runaway Slave that hath lyen out two months such person or persons shall not be called to answer for the same if he give Oath that he could not apprehend such Slave but was constrained to kill him.

X. And Be It Further Enacted by the Authority afors'd that whosoever shall buy, sell, Trade, Truck, Borrow or Lend to or with any Servant or Servants or Slave or Slaves without the Licence or Consent in Writing under the Hand of his or her or their Master or Owners for any Condition whatsoever such person or persons so offending contrary to the true Intent & Meaning of this Act shall forfeit treble the Value of the thing Bought, sold, Traded or Trucked or Borrowed or lent. And also the sum of Ten pounds to be recovered by the Master or Mistress of such Servant or Slave in such manner as is before in this Act directed, Provided that if the said Master or Mistress of such servant or slave shall neglect or refuse to prosecute such Offender within Six months next after notice or knowledge thereof that then it shall & may be Lawful for any other person to Prosecute the same & to have & receive the same benefit thereby as should have accrued to the said Master or Mistress had they done the same.

XI. And Be It Further Enacted by the Authority afors'd that where any slave shall be guilty of any Crime or Offence whatsoever the same shall be heard & determined by any three Justices of the Precinct Court where such Offence or Crime shall be Committed & three Freeholders such as have Slaves in that Precinct or the Major part of them shall have full power & authority & they are hereby required & commanded to Trye the same according to their best Judgment & Discretion at such time & place as the first in Commission in the said precinct shall appoint & to pass Judgment for life or Member or any other Corporal Punishment on such Offender & cause Execution of the same Judgment to be made & done. And if any Slave shall be killed in apprehending or that shall by Judgment of the said Justices & Freeholders or the Major part of them be publickly executed to the Terror of other Slaves, such Justices & Freeholders shall give a Certificate of the Value of such Slave under their hands to the Master or Owner of such Slave who shall be thereby Entitulled to a Pole-Tax on all Slaves in the Government to make up that sum to the Owner of such Slave so publickly Executed or killed in Apprehending.

XII. And Be It Further Enacted that if any Woman Servant shall be gotten with Child in this Country & bring it forth in the time of her Servitude she shall serve Two Years to her Master or Owner for her Offence over & above what punishment she shall be & is Lyable unto for her Fornication.