£ s. d. For Felons per day. ..... For Summoning and Impannelling a Jury for each and every cause Summoning Apprisors each.. Delivering a Declaration. 1 155 For every Indictment or Information on a Bill found.. Affidavitt, Depositions & Oath as in the Court of Chancery. III. And Be It Further Enacted by the Authority aforesaid that all fees not mentioned herein Relating to the Court of Admiralty shall be regulated by the Judge of the said Court (as occasion may Require) according to & as near as may be agreeable to the fees herein before Ascertained for the Officers of the Court of Chancery & Also all other fees relating to any other Court not herein before Ascertained shall be regulated by the Justices of the said Court or any three of them who are hereby Impowered to Tax the same under their hands agreeable to the fees before herein ascertained which fees so taxed shall be Judged of equal validity with the fees before ascertained & recoverable as such until confirmed or altered by the General Assembly. IV. And Be It Further Enacted by the Authority aforesaid that all fees due or to become Due to the Several & respective Officers within this province shall stand, remain & be as in this Act Before ascertained until repealed or altered by the General Assembly & that no officer or officers whatsoever shall presume to demand, take or receive any greater or higher fees than is herein appointed under collour of his Office under the Penalty of Twenty pounds for every defaulte, one halfe to the Informer and the other halfe to the Vestry for the use of the Precinct where such Offence shall be committed, 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 And for the more certain payment of all Fees arising and becoming due any publick officer in this Government for or by reason of this Execution of his said office. V. Be It Further Enacted by the Authority aforesaid that every officer before mentioned who shall make out an Exact Account or List of his Debts due for Fees and shall attest the same upon Oath before some Magistrate to be justly due, owing and unpaid and agreeable to the foregoing Table or to such other Table as shall be made by the several & respective Courts pursuant to this Act and shall deliver the same to the Provost Marshall of the County where such shall become due on or before the 14th day of December yearly that then & in such case the Provost Marshall or his Deputy shall and they are hereby obliged to collect and receive the same at the rate of fifteen per cent. VI. And Be It Further Enacted by the Authority aforesaid that in case any person or persons shall refuse to pay the said Marshall or his Deputy all such fees as are or shall become due to the Several and respective officers so attested and Delivered as aforesaid that then it shall & may be lawfull for the said Marshall or his Deputy at any time betwixt the 15th day of December and the last of March yearly to levy the same by way of Distress and Sale of the goods of every person so refusing. EDW'D MOSELEY Speaker. CHAS. EDEN, C. GALE, FRAN. FOSTER, CHAPTER LXIX. An Act for Restraining the Indyans from molesting or Injureing the Inhabitants of this Government and for Secureing to the Indyans the right and property of their own lands. I. Whereas (before ye late war) dayly and grievous Complaints of Depredations & Insults of ye Indyans were Exhibited against them by Divers persons bordering upon and residing near to ye Inhabitants of ye said Indyans for ye prevention of ye like Disorder for ye time to come and for Cultivating a better Understanding with ye said Indyans the want of which has been so Injurious to the Government. II. Be It Enacted by his Excellency the Pallatine, &c. And It Is Hereby Enacted that whoever shall Discover or find any Indyan or Indyans Killing, Hunting or in pursuit of any horses, Cattle or hogs the right and property whereof is in any white man Inhabitting within this Government every such person or persons on Discovery or Sight thereof may & he is hereby Impowered to apprehend every such Indyan or Indyans & him or them so apprehended & taken to Convey before Some one of the Commissioners to be appointed for Indyan affairs (& for want of such before ye nearest Magistrate) which said Commissioners or Magistrate together with the ruler or head man of the Town to which such Indyan Delinquent may belong is and are hereby Impowered to punish every such Delinquent in such manner as the nature of the offence may require and to award satisfaction to the party injured for all Damages by him Sustained (saving always the right of appeal to the Governor & Council) if either party shall think themselves agrieved or wronged thereby. III. And Be It Further Enacted by the Authority aforesaid that if any difference shall for the future Arise between any whyte man and Indyan concerning trade or otherwise howsoever, Every such Difference shall be heard, Tryed and Determined by such Commissioners as the Governor or Commander in Chief for the time being shall appoint together with the ruler or head man of the town to which the Indyan belongs (Saving only the right of appeal as is herein before Saved & Excepted). IV. And whereas we have too great reason to believe that disputes concerning land have already been of fatall Consequence to the peace and wellfare of this Collony. V. Be It Further Enacted by the Authority Aforesaid that no whyte man shall for any Consideration whatsoever Purchase or buy any tract or Parcell of Land claimed or actually in possession of any Indyan without special liberty for so Doing from the Governor And Councill first had and obtained under the penalty of Twenty pounds for every hundred acres of Land so bargained for and purchased one halfe to the Informer & the other halfe to him or them which shall sue for the same to be recovered by 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. VI. And Be It Further Enacted by the Authority aforesaid that whatever whyte man shall Defraud or take from any of the Indyans his goods or shall beat or abuse or Injure his person each and every person so offending shall make full satisfaction to the party Injured and shall suffer such other punishment as he should or ought to have done had the offence been Committed to any Englishman. EDW'D MOSELEY, CHAS. EDEN, N. CHEVIN, C. GALE, FRAN. FOSTER, T. KNIGHT. CHAPTER LX. Publick Treasurers to give Account for the Prevention of frauds in the Management and Disposal of Publick Moneys. 1. Be It Enacted by his Excellency the Pallatine, &c. And It Is Hereby Enacted that all persons whatsoever within this province (be they of what quality or Condition soever) that formerly have been, now are or hereafter shall be Treasurers, Collectors Or Receivers of Public Moneys now raised or hereafter to be raised by the authority of the General Assembly or who by any means have or shall for the future be possessed of the same or any part thereof shail from time to time and at all times hereafter be accountable to the General Assembly or to such Commissioners as shall or may be appointed by the Authority of the same & no other person or persons whatsoever. EDW'D MOSELEY, Speaker. CHAS. EDEN, C. GALE, FRAN. FOSTER, T. KNIGHT. CHAPTER LXI. (Repealed by Act 23 November, 1723, ch. 12.) An Act for a Town on Roanoke Island for the Encouragement of Trade from Foreign parts. I. Be It Enacted by his Excellency the Pallatine, &c. And It Is Hereby Enacted that the Surveyor General shall lay out three hundred acres of land at Roanoke Island and fronting on the water for the building and settling a Town to be by the permission and Assent of the Lords Prop'rs. Confirmed by this present Act and for the better settling and Confirming thereof. II. It Is Hereby Enacted that the said three hundred acres of land Shall be appraised by twelve men freeholders of this Government to be nominated by the Governor & Council who being thereunto Sworn before some Justice of the peace the said land shall be invested in Capt. Richard Sanderson, his heirs and Assigns forever in fee Simple he or they paying the owner or owners of such Land according to appraisment as aforesaid & shall be continued for the use of a Township as aforesaid with the Privileges hereafter Expressed forever. III. And It Is Hereby Further Enacted by the Authority aforesaid that the Surveyor General do at the proper Cost and charge of Capt. Richard Sanderson & his heirs Survey and lay out the aforesaid quantity of three hundred acres of Land in the place aforesaid and that Sixty acres of the said Land fronting on the water by the said Surveyor Generall at the proper cost and charge of the said Capt. Richard Sanderson and his heirs as aforesaid Surveyed and laid out for a Town in Lotts of halfe an acre each Lott with convenient Squares & places for a Church, Publick Town House and a market place with Convenient Streets and passages and the remaining part of the said three hundred acres of Land to remain and Continue for a Common to the said Town forever. IV. And Be It Further Enacted by the Authority aforesaid that if any |