Legislative Acts re Trade, Collectors, Duties, Navigation, Buoys and Beacons, Tanning Leather, drinking rum punch, excessive prices etc.

LINKS

State archives: Website: http://www.ah.dcr.state.nc.us/sections/archives/arch/default.htm

The below acts about trade and ports retrieved from www.ah.dcr.state.nc.us/sections/hp/colonial/editions/Acts/duty.htm which is a dead link so use instead:http://wayback.archive-it.org/194/20060528222521/http://www.ah.dcr.state.nc.us/sections/hp/colonial/editions/default.htm#

also try to find something on this link:www.ah.dcr.state.nc.us/sections/hp/colonial/editions/Acts/ports.htm  

AN ACT to regulate Trade in Bath County

Whereas Very great Complaints are made by the Inhabitants of Bath County of great Hardships they lie under thrô the Imposition of Traders of Vessells to those parts who going from House to House with their said Vessells without any Settled or Constant rate observed in the Sale of their goods Exact according to the necessity of the Buyer who being unwilling to loose the Oppertunity as not knowing any Certain place where he may be Supplyed with goods or when any Vessell may come to his House again is Constrained to Comply with the Extravagant Demands of Traders.

Wherefore for the prevention of Such Extrotions for the future and for regulating the Trade of the Said County by Assertaining particular and Concenient places in the Several Districts of the Said County for the Sale of Forreign goods and Comodities

Be it Enacted by his Excellencey the Palentine and the rest of the true and Absolute Lords and Proprietors of the province of Carolina by and with the advise and Consent of the rest of the members of this Generall Assembly now met at Edenton for the North East part of the said province And it is hereby Enacted that from and after Ten months after the Ratification of this Act no person whatsoever who is not an Inhabitant of this Country Shall Sell or Expose to Sale any foreign goods in Bath County in Any other than in the particular places following. Videlicet At Bath Town at the Plantation of Mr. Churchell Readings on the South Side of Pamplico River, at a place Called Southwells Town at Bear River in Beauford Precint, at the Plantation of Emanuel Cleaves late Deceased in Hyde precint at Newbourn Town and at the Plantation of Jacob Sheets at Beards Creek on the North side of nuse River and at Smiths Creek on the South side of nuse River and at Jones’s Plantation on Adams Creek on the South side of Nuse River in Craven Precint at Beaufort Town in Carteret and that no Inhabitant whatsoever Shall Sell or Expose to Sale any Forreign goods in any Vessell whatsoever nor at any place whatsoever in the

said County other than at the particular places aforementioned or at his own house and whosoever Shall Sell or Expose to Sale any forreign goods at any place in the said County Contrary to the Directions of this Act Shall for every Such sale of Goods or breach of this Act forfeit the Sume of Fifty pounds on half to the publick Treasurer for the use of the Publick, the other Half to him or them that Shall Sue for the Same to be recovered by Action of Debt Bill, Plaint or Information to be recovered in any Court of record in this Government provided the Same be Sued for within Twelve months after the Sale of the Said goods Provided also and it is to be understood that this Act Shall not Extend further then the northside Wetock River and that no person Selling any goods to the Southward of that River Shall be Lyable to the penalty of this Act any thing in the said Act to the Contrary Notwithstanding Provided also that this Act continue in force no longer than to the next Bienniel Assembly.

NYHS, pp. 305-306.To be in force only “to the next Biennial Assembly.”

AN ACT for the Encouragement of the Tanning Leather in this Province

Whereas Several persons who have Endeavoured to Set up and Carry on the Tanners business in this province have been Discouraged and frustrated in their Attempts not being able to procure a Sufficient quantity of Hydes they being all bought up and Exported to foreign parts which has Occasioned great Scarcity of Leather and Oblidges us to purchase it (after it is Tann’d and workt up by our neighboring provinces) at Extravagant rates

For prevention thereof for the future and for the Encouragement of Tanner and Shoemakers among us

Be it Enacted by his Excellency the Palatine and the rest of the true and absolute Lords proprietors of the province of Carolina by and with the advice and consent of the rest of the Members of this General Assembly now met at Edenton for the North East part of the said province And it is hereby Enacted by the Authority aforesaid That from and after the Ratification of this Act no raw or untand Hyde of any Neat Cattle, nor any raw untand Skinn of any Horse or Mare of any Caulf, Dog, Wolf, Bear or Panther Shall be Exported or Carried out of this province by Land or by Water by any person or persons whatsoever untill he or they Shall have paid the Impost or Duty of Twenty Shillings for Each and every Hyde of any Bull Steer or Cow raw or untanned and for each and every Skin of any Horse or mare raw or untanned and the Impost or Duty of Ten Shillings for Each and every Skinn of any Caulf, Dog, Wolf, Bear or Panther to the respective Officer of the Several Ports or Districts within this province which by this Law Shall be appointed to receive the Same and to Seale or mark the Hyde or Skin for which Such Impost or Duty Shall be paid and the monys received by this Impost or Duty Shall be paid to the Publick Treasurer for the use of the Publick by the respective Officers receiving the Same.

Be it further Enacted that in Each and every Port of this Government the publick receiver of the Powder Monys Shall and is hereby Impowred and required to receive the impost or Duty on all Hydes and Skines According to the Directions of this Act, upon Offer or Tender made to him by the person or persons about to Export the Same and after the receipt of the Duty as aforesaid, He Shall on the said Hyde or Skin by burning with a Brand Iron Seal or affix these Two Letters Videlicet N C and Shall before his giving a Certificate to any Master of any Vessell of his haveing paid the Impost or powder money Administer to the Said master an Oath in these Words Videlicet I: A:B: Master of the Vessell called [blank] do Sware that there is not on Board my Said Vessell any raw or untaned Hyde or Hydes of any Bull Steer or Cow nor any raw or untand Skin or Skines of any Horse Mare, Calf Dog, Wolf, Bear or Panther, for which the Lawfull Duties are not paid and that I will not Directly nor indirectly carry out any Such Hyde or Hydes Skin or Skines on Board my Said Vessell untill the Duties Shall be first paid as aforesaid.

Upon which Oath the Powder receiver Shall togeather with a Certificate of his haveing paid the powder money give him a Certificate to the Collector or Naval Officer of his having taken the Oath aforesaid.

And all Collectors or Naval Officers of any Port in this Government are hereby forbidden to Clear out any Vessells untill Such Certificate Shall be first produced unto them by the master of the Said Vessell under the penalty of one Hundred pounds to be forfeited by any Such Collector or Naval Officer who Shall Clear out any Vessell without Such Certificate first had, One half thereof to the Publick Treasurer for the use of the Publick the Other half to the Informer to be recovered by Action of Debt, Bill, Plaint or information in any Court of record in this Government Provided nevertheless that the Same be Sued for within the Space of Twelve months after Exportation of the said Hyde, Hides, Skin or Skins.

And be it further Enacted by the Authority aforesaid that if any person or persons Shall carry or cause to be carried out of this province, any raw or untanned Hyde of any Bull, Steer or Cow or the Skin of any Horse, Mare, Dog, Caulf, Wolf, Bear or Panther raw or untanned which is not Sealed as aforesaid Such person or persons Shall forfeit the Sume of Five pounds for Each and every Hyde or Skin togeather with the Hyde or Skin (if to be had) if not the value thereof one half whereof to the Publick Treasurer for the use of the Publick the other half to him or them that Shall Sue for the Same, to be recovered by Action of Debt Bill, Plaint or information, in any Court of record in this Government provided nevertheless the Same be Sued for within the Space of twelve months after Exportation of said Hyde or Skin.

And be it Further Enacted that every Powder Officer of every Port in this Government Shall after the Ratification of this Act as Soon as may be and before he Shall Execute the Office or trust lodged in him by this Act take an Oath before Some magestrate in this Government that he will not Seal or cause to be Sealed or marked any Hyde or Hydes Skin or Skins untill the Impost or Duty Shall be paid unto him as is by this Act Directed.

And be it Further Enacted by the Authority aforesaid Jeremiah Veale be powder receiver for Port Roanoak That Mr. Edward Salter be Powder receiver for Port Bath that Mr. Richard Russell be Powder receiver for Port Beaufort and Mr. Richard Church be powder receiver for Port Coratocke who are hereby required with all Convenient Speed before they Enter on the

Execution of their Said Office to qualify themselves for the Same by takeing the Oaths by Law appointed and by giving Bond for the Sum of Five hundred pounds Each to the Publick Treasurer for the use of the Publick with Condition that he Shall faithfully performe his said Office and that he Shall Annually on the first Munday in June Accompt on Oath with the Treasurer and pay in unto him the Ballance of the Said Accompts for the use of the publick which Accounts The publick Treasurer is hereby required to lay before the Assembly at the next ensuing Sessions.

And be it further Enacted by the Authority aforesaid That upon the Death or Removal or other legall Incapacity of any Powder receiver appointed by Vertue of this Act the Governour or Commander in Chief for the time being Shall with the advise and consent of the Council appoint another in the Stead of Such Powder receiver, who giving Security to the Publick Treasurer as is before by this Act Directed, Shall be Impowred to receive the Powder money, and all Other Impost to the Said Office belonging till the next Bienniell meeting or untill the next Sessions of Assembly and no Longer. At which Bienniell Meeting or next Session of Assembly which Shall first happen The Assembly Shall Nominate persons to Supply the places of Such as Shall be Dead removed or otherwise rendered uncapable of Executing the said Office And be it further Enacted by the Authority aforesaid that from and after the Ratification of this Act the Collector in each and every Port in this Government Shall Annually deliver of Cause to be delivered to the Publick Treasurer on the first Munday in June the Certificates or receipts of the Impost receiver which he Shall have received from each and every Master of Vessells upon his Clearing out in Order for the Publick Treasurer to produce with his Accounts to the next Assembly. And the Said Collector for Such his Trouble may receive from the publick Treasurer the Sume of One pound per Cent on all the Impost Duties Paid in the Port whereof he is Collector.

NYHS, pp. 296-300.Repealed in its entirety by an act of 1729 (below).

ACT for laying out making altering and keeping in repair the several Roads and highways within the Several Precincts of the County of Bath, and for building Bridges, and cleansing and keeping clean the several Rivers and Creeks within

the same

Be it Enacted by his Excellency Gabriel Johnston Esqr. Governour the Council and Assembly, That the Justices of the Several Precinct Courts in the County of Bath, shall have Power every year in Court to nominate and appoint so many Commissioners as they shall think are necessary for laying out directing and manageing the Several Roads Highways and Bridges, as also for clearing and keeping clean the several Rivers and Creeks within the precinct and Districts aforesaid; and that the several Commissioners so appointed shall and are hereby impowered to meet at the several Court Houses or any such other place as the majority of them shall think more convenient, and as often as they shall think proper, and that the several Commissioners so appointed, or the majority so meet, be impowered to issue their Warrants directing any Constable

or other person to summons such persons as are by this Act directed and ordered to work on the said Roads Highways Bridges Rivers and Creeks.

And be it further Enacted by the Authority aforesaid, That if the Constable or other person so directed, shall refuse or neglect to Execute the same, that then the Commissioners or the Majority of them, are hereby impowered and directed to issue their Warrants under their hands and Seals to some other Constable, to Levy on such persons so neglecting or refuseing to execute the same, the Sum of Ten pounds for every such neglect or refusal. And be it further Enacted by the Authority aforesaid, That if any person so summoned, shall refuse or neglect to come and send such persons or Slaves as are by this Act declared to be Tithables to work on the several Roads Highways Bridges Rivers and Creeks, on such neglect or refusal, the Commissioners or the Majority of them are hereby directed and impowered as aforesaid to Levy on such person for every such Tithable, the sum of Twenty shillings for every day he or they so neglect or refuse to come and work on the said Roads highways Bridges Rivers and Creeks And that the several Overseers appointed for working and managing the Slaves put under them be hereby directed and impowered on the misbehaviour of any such Slave to give moderate Correction, of which the Commissioners shall be sole Judges. And be it further Enacted by the Authority aforesaid, That the Commissioners of the precincts and districts aforesaid, are impowered to farm out or agree with any person or persons, to make mend or keep in repair any Roads Highways or Bridges, or to cleanse and keep clear any Rivers or Creeks or any particular parts of them in their precincts or Districts, and to raise such sums of money proportionably on the Inhabitants and Slaves, as are by this Act liable to work on the said Roads Highways Bridges Rivers and Creeks, to be levyed or collected in such manner as aforesaid. And be it further Enacted by the Authority aforesaid, That all White males, as also Male slaves from the Age of Sixteen to Sixty, are deemed and held to be lyable to work on the several Roads Highways Bridges Rivers and Creeks in the precincts aforesaid and no other person whatsoever, and that the Several Roads Highways and Bridges be made mended kept in repair and altered, also the several rivers and Creeks to be clensed and kept clean, at the eaqual charge and labour of such persons as aforesaid. And be it further Enacted by the Authority aforesaid, That if the Commissioners in the precincts aforesaid shall find or discover that any persons heretofore has fallen and thrown any Timber or Trees into any Navigable River or Creek where any craft can or could go, that in such case the Commissioners shall have power to order and direct such person or persons to take out the same, or remove out of the way, so that they do not hinder the Navigation, allowing the person so long time for doing the same as they shall think proper: And on such persons not complying in such case the Commissioners or the major part of them, are hereby impowered to levy so much money on such persons as they shall judge will be sufficient to give any other person who will undertake the doing the same.

And be it further Enacted by the Authority aforesaid That the Commissioners in each of their respective precincts and districts, be impowered, and they are hereby impowered, to pay out of any Sums of money that may arise by any distress on any persons neglecting and refuseing to pay Obedience to this Act, or by any other reasonable assessment, all such sums of money as they shall think may be necessary to pay any Surveyor or Surveyors, Constable Overseer or any other person that shall be employed about the said Roads Highways Bridges Rivers or Creeks. And be it further Enacted that all the Fines Penalties and forfeitures acrueing and arising by this

Act, shall be applyed for such uses on the several Roads Highways Bridges Rivers and Creeks as the Commissioners shall agree or direct.

And be it further Enacted that the Commissioners appointed by virtue of this Act, shall be accountable to the Succeding Commissioners for all sums of money raised on the Inhabitants, or received by fines and Forfeitures in this Act Expressed.

CO 5/333, fs. 5-6bThis act was not included in the revisal of 1749.

AN ACT for facilitating the Navigation of the several Ports of this Province and for Buoying and Beaconing the Channels leading from Ocacock Inlet to Edenton

Bath Town and Newbern and from Topsail Inlet to Beaufort Town and other Ports and Inlets within said Province herein mention'd and for Providing

sufficient Pilots for the safe conduct of Vessels

Whereas considerable losses have happened to Divers Merchants and others who have sent Vessels and Traded to the several and respective Ports of Bath and Roanoak by reason of the Badness and Difficulty of the Channels leading to the said Places the want of Buoys and Beacons sufficient Pilots and all other due encouragement to Navigation whereby the Trade and Interest of that Part of the Province is much impair'd and Decayed and its Credit much lessen'd; for Remedy whereof for the future and to make easy the Navigation to the said several Places and to Promote the Trade thereof, We pray it may be enacted,

And be it Enacted by his Excellency the Governour the Council and general Assembly that all and every sum and Sums of Money that shall hereafter become due on Account of the Powder Money for Port Roanoak and Port Bath as also such Powder Money arising by any Vessel or Vessels coming into Nuce River shall be appropriated and applied for Buoying and Beaconing out the Channels leading from Ocacock Inlet to Edenton Bath Town and New berne and such Powder Money as shall hereafter become due in Port Beaufort be appropriated and Applied for Buoying and Beaconing out the Channel from Topsail Inlet to Beaufort Town or Tituses Point in such manner as by this Act is hereafter mention'd and express'd, any Law Usage or Custom to the contrary notwithstanding.

And be it Further Enacted by the Authority aforesaid That Captain William Downing Captain Miles Gale Mr. Joseph Blount and Mr. John Blount for Port Roanoak and Col. John Snead Mr. Benjamin Peyton Mr. Samuel Sinclare and Captain Richard Evans for Port Bath and Col. William Wilson Captain George Roberts and Captain Daniel Shine for Newberne and Captain Mabson and Col. Thomas Lovick and Mr. Edward Ward for Old Topsail shall be and hereby appointed Commissioners or Trustees to Manage and apply all the said Money to the use aforesaid and shall have full Power and Authority to contract and agree with any Person or Persons to Inspect and search the Channels to find out the best and Deepest water and to fix Buoys and Beacons where they shall think the same necessary to facilitate the Navigation to the respective Places aforesaid; And are hereby also Authorized and empowered to Buy contract and

sent for Buoys Beacons and all other materials necessary and convenient about Buoying and Beaconing the said Channels to the said Places, and employ workmen and generally to Act and do in the same as to them shall seem requisite and expedient to be done.

And be it Enacted by the Authority aforesaid that the said Comissioners of each and every respective Port or Place or the Major Part of them shall have Power and are hereby authorized from time to time and at all times when they shall think Proper to Demand and receive from the Powder Receiver or Receivers of the respective Ports of Roanoak and Bath all sum and sums of Money That shall be in his or their Hands or all such Powder Money as shall arise by any Vessel or Vessels coming into Nuce River from time to time in the hands of the Powder Receiver of Port Beaufort to Apply to the uses aforesaid; which said Powder Receiver or Receivers are hereby Directed to pay the same accordingly Deducting what is due to them for receiving the same According to the Act of Assembly in that case made and Provided.

And be it Further Enacted by the Authority aforesaid That the Comissioners or the Major Part of them shall with all convenient speed and as soon as may be get and Provide Buoys Beacons and all other necessary materials and employ and agree with some Person or Persons to undertake the Buoying and Beaconing the said Channels; which said undertaker or undertakers shall give good and sufficient security for his or their faithfull Performance of the same for finding out the best and Deepest Water and properly and Securely Placing and Fixing all necessary Buoys and Beacons.

And be it Further Enacted by the Authority aforesaid That the Commissioners or any of them, the undertaker or undertakers or any Person or Persons employed about the same shall have Liberty to cut Down take and make use of any Wood or Timber growing or standing on any Persons Land adjacent or convenient to them for the use of Buoying Beaconing or otherwise as shall be by him or them wanted for the better accomplishing the Business aforesaid.

And be it Further Enacted by the Authority aforesaid that when the said Channels shall be Buoy'd and Beacon'd and other matters requisite and expedient for facilitating the Navigation to the Places aforesaid shall be Done, The said Commissioners shall find and Provide two good and Sufficient sailing Boats at Ocacock Inlet and shall agree with some Person or Persons as Pilot or Pilots who shall keep a good look out and go over the Bar to any Vessel or Vessels he or they shall Discern at Sea and making for the Inlet when Possible for Boats to go out and shall bring such Vessel or Vessels over the Bar and shall Navigate take care of and safely conduct all Vessels to the said respective Ports or Places from Ocacock Inlet aforesaid; and shall from time to time Inspect and search the said Channels and shall keep and maintain the said Buoys and Beacons in good Repair and shall as often as he or the shall find the said Channel or Channels to alter or Shift or change, report the same to the Commissioners aforesaid and shall receive and observe the Directions of them or the Major Part of them therein; which said Person or Persons Pilot or Pilots so employed by the Commissioners aforesaid shall give good and Sufficient Security in a Competent sum well and truly to Perform the Business aforesaid; and if he or they shall thrô Negligence or want of Skill suffer any Vessel to be hurt or Damaged in any of the Channels aforesaid, he or they shall be lyable to an Action on the case for the Damages sustain'd; which said Person or Persons so employed by the Commissioners as a Pilot or Pilots shall be

Recomended by the said Commissioners to the Governour or Commander in Chief for the time being for his Approbation.

And be it Further Enacted by the Authority aforesaid that the Commissioners or the Major Part of them shall apply the said Monies to pay such Person or Persons so employed to Navigate and Pilot the said Vessels as aforesaid, and shall Build (if the Major Part of them shall think Proper) a Convenient Dwelling House on Ocacock Island for the said Pilot or Pilots on the Land appointed for Publick use, any Law Usage or Custom to the contrary notwithstanding; and shall also on a Sufficient Complaint turn out and remove the said Person or Persons so employ'd and put others in his or their room and Place.

And be it Further Enacted by the authority aforesaid That the Commissioners for Port Beaufort are hereby Authorized and impower'd to Apply such Powder arising by any Vessel or Vessels coming into Old Topsail Inlet for the Buoying and Beaconing out the Channel from Topsail Inlet to Beaufort Town or Tituses Point in such manner as to them shall seem most expedient and to employ such Person or Persons Pilot or Pilots as they shall think fir; which Person or Persons Pilot or Pilots so employed are hereby Declar'd to be Subject to the same Rules and restrictions as the Persons or Pilots from Ocacock Inlet to the Ports and Places aforesaid are by Virtue of this Act.

And be it Further Enacted by the Authority aforesaid That no Master or Commander or other Person belonging to any Vessel whatsoever trading into this Government shall cast or throw overboard into any of the Channels or Navigable waters leading into any of the Harbours or Parts of this Government or into any Navigable Rivers or Creeks within said Ports any Stones or other Ballast whatsoever under the Penalty of one Hundred Pounds for every such Offence, to be recover'd by Action of Debt Bill Plaint or Information in any Court of Record in this Province, wherein no Esoin Protection Injunction or wager of Law shall be allowed or admitted of. And if any Person or Persons shall remove Displace pull down or Destroy any Buoy Beacon or other mark hereafter to be fixed in or near the Channels aforesaid, he or they shall for every such Offence forfeit and pay one Thousand Pounds to be recover'd in manner aforesaid; which said forfeitures shall be one half to the Informer or him or them that will sue for the same, and the other Moiety to be paid to the Commissioners to be applied to the uses aforesaid.

And be it Further Enacted by the Authority aforesaid That no Vessel or Vessels arriving in any of the aforesaid Ports shall from and after the Ratification of this Act be exempt from Paying Powder Money on Account of Importing any Quantity of Salt whatsoever, excepting all Vessels Built or owned in this Province, who shall be liable to pay no more than they were by former Acts of Assembly any Law usage or Custom to the contrary notwithstanding. And all and every Vessel or Vessels arriving into any of the Ports aforesaid, the master or Commander shall pay or secure to the paid at or before the said Vessel shall clear out to the Powder Receiver five Shillings Proclamation Money for every Ship or Vessel forgoing to Roanoak and two Shillings and sixpence or Equivalent in Bill Money for every Ship or Vessel going to Bath Newbern or Beaufort for every foot water his said Vessel shall Draw, which said money Deducting five per cent for receiving shall be paid on Demand by the Powder Receiver of each Port to the Commissioners to be applied to the uses aforesaid, and the Comissioners are hereby also liable to

Account to the general Assembly when required Deducting their reasonable Expences and charge and five per cent for their trouble which they are hereby empower'd to take and receive.

And be it Further Enacted by the Authority aforesaid that upon the Death removal or Refusal of any of the aforesaid Commissioners to Act, the Governour or Commander in Chief for the time being is hereby empower'd to appoint others in his or their stead and Place.

And be it Further Enacted by the Authority aforesaid that as soon as the Channel shall be Buoy'd and Beaconed from Ocacock Inlet thrô the Swatch into Pamplico Sound, the Commissioners of Port Roanoak Port Bath and Newberne Town shall divide and the respective Commissioners of each of the said Ports and Places shall apply the Powder Money of each Port towards the Buoying and Beaconing the Channels to the respective Places aforesaid; but all Buoys and Beacons and all other Necessary charges in keeping and maintaining the said Buoys and Beacons and facilitating the Navigation from Ocacock Inlet through the Swatch, shall be paid and Defray'd equally out of the Powder Money of Port Bath and Port Roanoak as also the Powder Money arising by any Vessel or Vessels coming into Nuce River.

And be it Further Enacted that if any Pilot or Pilots shall refuse to take the charge of any Vessel or Vessels, or shall Demand and take any fee or Reward from the Master of any Vessel or any other Person whatsoever for doing his Duty imposed by this Act, or what he shall agree to do with the Commissioners by Virtue of this Act, shall fordeit and pay the Sum of one Hundred Pounds Proclamation Money to be recover'd and applied in Manner aforesaid.

And be it Further Enacted by the Authority aforesaid that all the Powder Money which hereafter shall become due in the Port Currituck shall be applied by the Commissioners appointed by this Act for such Purposes as they shall judge most Proper and convenient for facilitating the Navigation thereof.

And be it Further Enacted that William Mackey Henry White and Stephen Williams be and are hereby appointed Commissioners for the said Port who are hereby Vested with as full Power and Authority as is given by this Act to any of the Commissioners herein before named and appointed.

And be it Further Enacted by the Authority aforesaid that all the Powder Money which hereafter shall become due for Vessels coming into Bear Inlet in Port Beaufort be applied by the Commissioners appointed by this Act for such Purposes as they shall Judge most Proper and convenient for facilitating the Navigation thereof.

And be it Further Enacted that Abraham Mitchel John Dudley and John Huggins be and are hereby appointed Commissioners for the said Inlet who are hereby Vested with as full Power and Authority as is given by this Act to any of herein before nam'd and Appointed.

And be it Further Enacted by the Authority aforesaid that all the Powder Money on Vessels which hereafter shall become due for Vessels coming into the Port of Brunswick be applied by the Commissioners appointed by this Act for such Purposes as they shall judge most Proper and convenient for facilitating the Navigation thereof.

And be it Further Enacted by the Authority aforesaid That Roger Moore Esqr. and William Dry Samuel Woodward Esqr. Captain Edward Hyrne Captain James Jones be and are hereby appointed Commissioners for the said Port, who are hereby Vested with as full Power and Authority as is given by this Act to any of the Commissioners herein before named and appointed.

CO 5/333, fs. 24b-27Repealed by an act of 1748. State Records, 23:296.

ACT to Establish Ports or Places of D[elivery of Merchandizes imported in,] and Exported out of this Province and to prevent [the clandestine running of] uncustomed and Prohibited goods in the Several [Ports

thereof.]

Whereas it contributes greatly to the Increase of Trade a[torn] Ports or Places of Delivery where Ships, Sloops and Other Deck’d Vessel [torn] And Whereas for want of such Ports or Places [torn] Small Sloops [or] other Vessels Importing Cargoes of Little Value Run with their Vessels into Small Rivers and C[torn] Rum, Punch, and Other Liquors, at Extravagant prices and thereby Purchase a great part of Ou[torn] Produce for Little or Nothing to the great Prejudice of the Inhabitants of this Province. And [torn] Vessels Loading and unloading Valuable Merchandizes in the Same are Obliged to go up and D[torn] Rivers to unload and take in their Ladeing whereby their Voyages are Rendred tedious Dilat[torn] -sive and Merchandizes are Sold at Dearer Rates than if Certain Marts or Places of Delivery [torn] were Established to the great Discouragement and preventing of Merchants and tradeing Men [torn] and Consequence Setling resideing and Dealing in this Province And also the great Lessning of [torn] Revenue by the Clandistine Running unaccustomed goods to the Ruine and prejudice of [torn] all Commerce. Therefore the better to Encourage Merchants and for the Dispatch of Trade and [torn] pray your most Sacred Majesty That it may be Enacted and be it [Enacted by] the Governour Council and General Assembly of this Province And it is Hereby Enacted by the A[uthority of] the Same That from and After the first Day of October which will be in the Year of our Lord [torn] Every Ship Sloop or Other Deck’d Vessel comeing into Port Roanoak shall be Loaded and unloaded at [torn] and at no Other Places, River Creek or Landing whatsoever in said Port or District And every [torn] or Other Deck’d Vessel comeing into Port Curratuck shall be Loaded and unloaded from the Cou[torn] for the County of Curratuck, and Every Ship Sloop or Other Deck’d Vessel comeing into Port [torn] shall be Loaded and unloaded at Newbern or Beaufort Town or a Place called Bear Inlet. And [every Ship] Sloop or Other Deck’d Vessel Comeing into Port Brunswick shall be Laded and unladed at Brunswick [torn] Wilmington and at no Other Places whatsoever within the said Ports and their Districts And be it [further] Enacted by the Authority aforsaid that if Any Master or Commander of any Ship Sloop or Other Vessel comeing into or Going Out of any the Ports or Places aforsaid shall take in their Load or Cargo [torn] Part thereof (Lumber Bricks and Salt Excepted) on board his said

Ship Sloop or Other Deck’d Vessel or [torn] his Cargoe or any Part thereof in any Other Place River Creek or Landing in the several Ports or D[torn] than by this Act particularly Directed mentioned and Appointed for the same that then Such [torn] Commander so offending shall forfeit and pay the Sum of Twenty Pounds Proclamation Money [torn] and Every Offence contrary to the true Intent and meaning of this Act which forfeitures shall be recovered by [Bill] Plaint or Information in any Court of Record within this Government wherein no Essoin Injunction [or Wager] of Law shall be allowed or admitted of any Law usage or Custom to the Contrary in any Wise Notwithstanding one halfe to the Informer the Other halfe to his M[ajesty to] be paid and Applyed by the Commissioners appointed for Facilitating Navigation in each Port and also the Commissioners of [torn] or the Majority of them towards building and Erecting Publick Warfs in the most Convenient places in each of the said Towns and Publick Landings.

And Be it Further Enacted by the Authority aforsaid that if any Collector of [His] Majestys Customes within any of the Aformentioned Ports shall give any Permitt for Loading [or] unlading any Ship Sloop or Other Trading deck’d Vessel contrary to the true intent and meaning [torn] he Shall forfeit and pay the Sum of Twenty Pounds Proclamation Money for each and Every o[torn] Recovered and Applyed as aforesaid and also every Merchant that shall Lade and unlade any Ship [torn] other Deckd Vessel contrary to the true Intent and Meaning of this Act Shall forfeit and pay the Sum of [torn] Pounds Proclamation Money to be recovered and applyed as aforesaid And Be it Further [Enacted] by the Authority aforesaid That if any Master or Commander of any Ship Sloop or other Deck’d [torn] Any Other Person or Persons On board the Same going for Lomber or to unlade Salt or [torn] Shall retail any Rum Punch or Other Liquor which shall be drank on board his [torn] He or they so offending for Each and Every Offence Shall forfeit and pay the Sum of five P[ounds] Proclamation money to be recovered and Applyed as aforsaid Provided That nothing [torn] Act shall Extend to Vessels One halfe Whereof are really and bona fide Owned by [torn] of this Province who shall make Oath before the Collector of the Port if Required that [torn] Such Vessel claimed by him or them truly and really belongs to him or them and that the same [torn] Over or Sold to him or them under any Colour whatsoever.

Gab. Johnston                              [illegible]                                      

J. Hodgson Speaker

General Assembly Session Records, North Carolina State ArchivesRepealed by an act of 1745. State Records, 23:219-220.