expired & not recovered by any of Kinn to the Deceased or by any Creditor in that time the same shall be paid to the Church Wardens & Vestry to & for the Use of the Parish where the said money shall remain.

EDW'D MOSELEY,

Speaker.

CHAS. EDEN,
N. CHEVIN,

C. GALE,

FRAN. FOSTER,

T. KNIGHT.

CHAPTER XLIX.

An Act Concerning Orphans.

I. 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 No. East part of the said Province & by the Authority of the same.

II. It Is Hereby Enacted that from & after the Ratification of this Act no person or persons whatsoever shall give or bind any children or Orphans nor shall any person take or receive any Children or Orphans so given or bound (unless the same be from the parents) without the leave or consent of the Precinct Court where such Orphans shall reside or dwell under the Penalty of Twenty pounds One half to be paid to & for the use of such Orphan the other halfe to him or them that will sue for the same.

III. And Be It Further Enacted by the Authority of the same that the Precinct Courts are hereby Authorized & Impowered to Grant Letters of Tuition or Guardianship to such persons as they shall think proper for the care of bringing up Education of all Orphans & for the taking care of their Estates of all which Guardians so by them appointed they shall take good Security for the due performance of their office or trust. And if the said Courts or any of them shall neglect to perform the Powers & Authorities by this Act given then the members of those Courts so neglecting their Duty shall be Lyable to make good all Damages that shall happen by such their Omission to any child or Orphan.

IV. And Be It Further Enacted by the Authority afors'd that all Orphans shall be Educated & provided for according to their Rank & degree out of the Income or Interest of their Estate & Stock if the same will be sufficient Otherwise such Oprhan shall be bound Apprentice to some Handycraft Trade (the Master or Mistress of such Orphan not being of the Profession of the People called Quakers) till they shall come of Age unless some of kin to such Orphan will undertake to maintain & Educate him or them for the interest or income of his or her Estate without Diminution of the Principal whether the same be great or small shall be always delivered to the Orphan when at Age.

V. And Be It Further Enacted by the Authority afors'd that all Horses, Cattle, Sheep & Hoggs shall be returned by the Guardian in the kind received & according to the Age & number when they were Received And All Plate & Money shall be Preserved & Delivered in kind according to Weight & Quantity And all Slaves & their Increase (Mortality Excepted) shall be delivered when the Orphan comes at Age But all Other Household Stuffs & Lumber that may grow worse before the Orphan may come of Age shall by

Order of Court be sold at Publick Outcry & the Moneys Arising therefrom paid by the Guardian to the Orphan when at Age in some of the Rated Commodities of the Government.

VI. And Be It Further Enacted by the Authority afors'd that where any Widow or Orphan shal commence any suit for Moneys or other Legacys due to them by Force of any Will or other Gift or due to them from any Intestate Estate the said Court shall administer an Oath to the Debtr. or Debtrs. & if he or they shall refuse to answer upon Oath the Court shall proceed to give Judgment for the Plantf. for Double the sum as shall be made appear to be due.

EDW'D MOSELEY,

Speaker.

CHAS. EDEN,
N. CHEVIN,

C. GALE,

FRAN. FOSTER,

T. KNIGHT.

CHAPTER L.

An Act to Encourage the Destroying of Vermin.

I. Whereas the Encrease of Vermin has of late appeared to have been very prejudicial to the Inhabitants of this Government by destroying Stocks of Cattle, Hoggs & Sheep which for want of due Encouragement is now wholly unregarded.

II. Be It Therefore Enacted by his Excellency the Pallatine & the rest of the True & Absolute Lords Props. of Carolina By & with the Advice & Consent of the Present General Assembly now met at Little River for the No. East part of the said Province.

III. And It Is Hereby Enacted that whosoever after the Ratification of this Act by Gun, Snare, or trap or by any other Way or Means whatsoever kill & destroy any of the following Vermin shall for every one so destroyed take & receive out of the Publick Treasury therefor the several Premiums hereafter mentioned viz. for every Wolfe taken in a Trap or Snare the sum of Ten Shillings for every Wolfe killed with a Gun or Dogge Five Shillings for every Panther Ten Shillings for Every Wild Cat Two Shillings & six pence which several Premiums afore mentioned shall be paid by each and respective Precint Treasurer upon Certificate of next Commissioner how the said Vermin were destroyed who is hereby required & impowered to grant the same Proof thereof being first made before him by producing the Head with the Eares on And Oath of the party how the same was destroyed. If the said Magistrate shall find it necessary to administer the same.

EDW'D MOSELEY,
Speaker.

CHAS. EDEN,
N. CHEVIN,

C. GALE,

FRAN FOSTER,

T. KNIGHT.

CHAPTER LI.

(Repealed by Act 2 April, 1743, Ch. 2.)

An Act to Ascertain what persons are Tythables and to Direct the Method to be observed in taking the List of them.

1.

Whereas many Doubts have & do arise at what Age persons in this Country shall be reputed Tythables For the removing thereof for the time to come.

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

III. And It Is Hereby Enacted that all Males not being Slaves in this Government shall be Tythable at the Age of Sixteen Years And All Slaves Male or Female, either Imported or born in the Country shall be Tythable at the Age of Twelve Years.

IV. And Be It Further Enacted by the Authority afors'd that each & every Constable within this Government shall & they are hereby Impowered Required & Commanded some time within Five Days next following after the Tenth Day of June yearly to go from house to house to take an exect List from all the persons Inhabiting & residing within his, their or every of their Districts, Constablery or Liberty of the Number, Name & Quality of the Tythables residing within the same which before the Fifth Day of August yearly then next following together with a List of such Tythables as they shall believe to be concealed make return upon Oath to the Treasurer of the Precinct (which Oath the said Treasurer is hereby Impowered to Administer) under the Penalty of Five pounds for every neglect which said sum shall be to the use of the parish & shall be Levied by Warrant from any Justice of the Peace upon Certificate thereof to him made by the Respective Precinct Treasurer of any Constable having made Default therein.

V. And Be It Further Enacted that every Constable for his service therein shall during the Continuance of this Act be exempt from the payment of levys for his own person & they are hereby Exempted.

VI.

And Be It Further Enacted that whatever Householder shall conceal or refuse to deliver to the said Constable a true List of every Tythable person dwelling or residing in his house whose Levy he shall be & he is hereby made chargeable with on the said Tenth day of June yearly, such person or persons so offending shall forfeit & pay the sum of Five pounds for every Tythable so concealed & refuse to be delivered in One halfe to the Informer and the other halfe to the vestry for the use of the Parish wherein the said offender shall reside to be recovered by Bill, Plaint or Information in any Court of Record within this Government wherein no Essoign, Protection, Injunction or Wager of Law shall be allowed or admitted of.

VII. And Be It Further Enacted by the Authority afors'd that each & every Constable in this Government shall on or before the Tenth day of February next take an exact account from every person within their Limitts or division of the number of Tythables in their respective divisions & deliver the same to the Treasurer of the Precinct on or before the first day of March following. That the Treasurer may be able to discover such as shall neglect to pay their Poll money for this year.

And all and every person or persons that shall refuse to give an Account to the Constable of the number of Tythables and every Constable that

shall neglect to do his duty herein shall incurr the same Penaltys and Forfeitures as before in this Act is ascertained.

CHAPTER LII.

An Act for Appointing a Town in the County of Bath and for Securing the
Publick Library belonging to St. Thomas's Parish in Pamptecough.

I. Whereas at the request of Mr. John Lardson, Mr. Joel Martin and others a certain Tract of Land purchased by themselves lying in the Old Town Creek in Pampticoe & containing by estimation Sixty Acres be the same more or less being part of a larger Tract then belonging to one David Perkins but now in the tenure & Possession and of right belonging to Col. Thomas Cary & divided from thence by a Headline of Marked Trees from the Old Town Creek to Mr. Barrow's line, now also the right & Possession of the said Cary, was Incorporated & made a Township by an Act of the General Assembly made and Ratified at the House of Capt. John Hecklefield the 8th day of March, 1705, With divers privileges & immunities therein granted which said land was therein & thereby Invested in the same John Dawson, Joel Martin & Nicholas Daw to and for the uses afors'd.

II. And Whereas Damage may accrue to the further Settlement & Increase of the said Town for want of Trustees to dispose of Lotts & a Better Regulation of the Methods to be observed in settling the same. To promote therefore as much as may be the Settlement, Growth & Increase we pray that it may be Enacted.

III. And Be It Enacted by His Excellency the Pallatine & the rest of the True & Absolute Lords Props. 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 & by the Authority of the same that the said land be & it is hereby henceforward Invested in Mr. John Porter, Mr. Joel Martin, Mr. Thomas Harding & Capt. John Drinkwater or any two of them to & for the use afors'd & declared confirmed & incorporated into a Township by the name of Bath Town with all priviledges & Immunities hereafter Exprest forever Pursuant to which it is hereby Enacted that convenient places & proportions of Lands be laid out & preserved for a Church, A Town-House & a Market Place & that the rest of the Land which is not already laid out be forthwith laid out into lotts of halfe an Acre each with convenient streets & Passages by the said Trustees or any Two of them. IV.

And Be It Further Enacted by the Authority afors'd that every person whatsoever who is willing or desirous to be an Inhabitant of the said Town shall have liberty to take up any Lott or Lotts so laid out as afors'd and not before taken up which Lott or Lotts the Commisrs. Afore appointed or any two of them are hereby Directed, Required & Impowered to Grant, Convey & Acknowledge to the persons so taking up the same and to his Heirs & Assigns Forever in Fee simple upon payment of Thirty shillings consideration for each Lott out of which money the first purchasers shall be Reimbursed the first purchase with their reasonable charges & disbursements and the overplus shall be appropriated to the use of the Church to be disposed of as by the Vestry of the Precinct of Beaufort shall from time to time be directed and appointed.

V. Provided always that what person soever shall take up & have conveyed to him any Lott or Lotts as aforementioned and shall not Build or

cause to be built thereon within twelve months after the date of the said conveyance a good substantial habitable house or make such preparation for so doing as the Court of the Precinct by View of any two or more of them shall judge reasonable to secure the same every such conveyance shall be and it is hereby declared Void and of None Effect as if the same had never been made and the said Lott or Lotts shall be free & clear for any other person to take up & purchase.

VI. And Be It Further Enacted by the Authority afors'd that from & after the first day of April next no person or persons Whatsoever Inhabitant or Claiming any Right or Title to any Lott in the said Town shall keep Raise or suffer or permit to run at large in the said Town any Hoggs or Shoates other than such that shall be kept in close Penns or houses under Penalty of forfeiting the said Hoggs or Shoate one half to the person taking up such hogg or Shoate the other half to ye poor of the parish. And that no persons Inhabitants of the said Town or holding Lotts there shall inclose the same or keep the same Enclosed in the said Town under a Common Stake fence but every Lott or Lotts so enclosed shall be either Pail'd in or done with Posts and Rails set up.

VIII. And Be It Further Enacted by the Authority afors'd that the Commrs. afors'd or any two of them have full Power & Authority and they are hereby Required, Impowered & Commanded to Remove all Nuisances within the limits of the afors'd Town.

And because in the former Survey of Lotts that are already surveyed each Lott contains four Pole more than was warranted by the Act of Assembly for laying out the afors'd Town land & also the Trustees for granting the afors'd Lotts have signed Sales for the Lands lying before the Fronts of the Lotts Contrary to the Authority Granted them Wherefore that the same may be Regulated and a Plott thereof made so as the streets in the Town may Answer with the Lotts intended to be laid out of the Land be. longing to Coll. Thos. Cary adjoining thereto.

IX. Be It Enacted that a Resurvey be made of the afors'd Town Lands by order of the Commrs. aforementioned and that each & every person holding Lands or Lots in the Town afors'd shall have no more in the Lotts than just halfe an acre Pursuant to the first Intention & design of settling the afors'd Town still reserving to the Owner or Possessors of all Lotts in the aforesaid Town the Land lying before the Front of their Lotts upon Payment of Tenn Shillings for every such Front to the Commisioners in this Act appointed who are hereby Authorized & Required to grant Seale & deliver Deeds of Sales for the same.

X. Provided that the Principal Streets in the said Town shall be one Hundred foot wide at least & that no person shall Build or Erect any Edifice, house or Building on the Lands lying before the fronts other than Cellars or Vaults whose covering shall not be above Ten foot above the ground that the Prospect of such as build in the said Town may not be Incommoded or hindered.

XI. And Be It Further Enacted by the Authority afors'd that the Church for the Parish of St. Thomas & the Court house for the Precinct of Beaufort & Hyde shall be built in the said Town on the several Proportions or lotts of land laid out for those purposes. And that the Provost Marshall of the County of Bath and the Clerk of the Court for the Precinct of Beaufort shall keep their Respective Offices in the said Town under the Penalty of Five Pounds for every month he or they shall omit or neglect so to keep the same One halfe to the Informer and the other halfe to the Justices of