Acts of the North Carolina General Assembly, 1764
North Carolina. General Assembly
February 03, 1764 - March 10, 1764
Volume 23, Pages 596-631
LAWS OF NORTH CAROLINA, 1764.
An Act for erecting Part of St. Philip's Parish, in New Hanover County, and the lower Part of Bladen County, into a separate County, by the Name of
Brunswick County; and for dividing the County of Granville, and erecting that Part thereof called St. John's Parish, into a separate and distinct
County, by the Name of Bute County.
XV. And whereas by Reason of the large extent of the County of Granville, it is greatly inconvenient for the Inhabitants, to attend the Courts of
the said County, General Musters, and other Public Duties by Law required: Be it Enacted by the Authority aforesaid, That from and after the Tenth
Day of June next, The said County of Granville shall be divided into Two Distinct Counties: and that all that Part of the said County which is now
called or known by the Name of the Parish of Granville, from and after the said Tenth Day of June, shall be a Distinct County, and remain to be
called Granville County: and that all that Part of the said County called and known by the Name of St. John's Parish, shall, after the said Tenth
Day of June, be another Distinct County, called by the Name of Bute County.
XVI. And be it further Enacted by the Authority aforesaid, That after the said Tenth Day of June, a Court for the said County of Granville shall be
quarterly held by the Justices thereof at the Place in the said County known by the Name of Oxford, upon the Days, and on the Times by Law appointed
for that purpose: and also that a Court for the said County of Bute shall be quarterly held by the Justices thereof, on the Land of Jethro Sumner,
at a Place known by the Name of Buffalo Race-Path, upon the Third Tuesday in February, May, August, and November, in every Year, as by the Laws of
this Province is or shall be provided and as by commission, shall be directed to the Justices of the said Counties respectively.
XVII. And be it further Enacted, by the Authority aforesaid, That from and after the said Tenth Day of June next, all Causes, Pleas, Writs, Actions,
Suits, Plaints, Process, Precepts, Recognizances, and other Matters and things, in the said County of Granville depending, shall stand adjourned and
continue from the present Court House, to Oxford: and all appearances and Returns of Process shall be made on the Days by Law appointed for holding
the said Court at Oxford; and all Suitors and Witnesses bound to appear thereat, in the same Manner as if the said Court had not been removed from
the present Court House; and all subsequent Process which shall or may Issue on any Action which shall be commenced before the said Tenth Day of
June next, and not determined in the said Court of Granville, shall be directed to, and executed by the Sheriff of the County of Granville, to the
Final Determination of such Causes: any Law, Usage or Custom to the Contrary notwithstanding.
XVIII. And be it further Enacted, by the Authority aforesaid, That after the said Tenth Day of June, the said County of Bute shall be, continue and
remain, Part of the District of the Superior Court of Justice to be held at Halifax, for the Counties of Northampton, Halifax, Edgecomb, Granville,
Johnston and Orange; and the said Justices of the Court of the said County of Bute shall and they are hereby directed, at the Inferior Court next
before every Superior Court of the said District to nominate Four
Freeholders to serve as Grand and Petit Jurors at such Superior Court.
XIX. And be it further Enacted, by the Authority aforesaid, That nothing herein contained shall be construed to debar the Sheriff of the said County
of Granville, as it now stands, to make Distress for any Levies, Fees, or other Duties, that shall be due from the Inhabitants of the said County on
the said Tenth Day of June, in the same Manner as he might or could by Law have done if the said County had still remained undivided; and the said
Levies, Fees, and other Duties, shall be accounted for in the same Manner, as if this Act had never been made; any Thing herein contained to the
XX. And whereas the Jurors appointed by the Jury Act to serve at the Superior Courts for the District of Halifax, were limited to eight for the
County of Granville; Be it therefore Enacted by the Authority aforesaid, That the Jurors attending the said Superior Court after the passing this
Act, shall be only Four for the said County of Granville; any Thing in the aforesaid Act for appointing Jurors to the contrary notwithstanding.
XXI. And be it further Enacted by the Authority aforesaid, That the Sheriff of the said County of Bute for the Time Being, after the said Tenth Day
of June, shall account with and pay to the Public Treasurer of the Northern District of this Province, all Public Monies by him to be collected,
under the same Rules and Restrictions, Fines, Penalties, Process, and Remedies, as other Sheriffs are by Law subject to.
XXII. Provided always, That nothing herein contained shall be construed, deemed, or taken or derogate from the Right and Royal Prerogative of his
Majesty, his heirs or Successors, of granting Letters of Incorporation to the said County of Bute, and of ordering, appointing and directing the
Election of a member or Members to represent the same in general Assembly and of granting Markets and Fairs to be kept and held in the said Counties
respectively; but that the said Right and Prerogative shall be at all times hereafter exercised by his said Majesty, his Heirs and Successors, in as
full and ample Manner to all Intents and Purposes whatsoever, as if this Act had never been made.
XXIII. And be it further Enacted, by the Authority aforesaid, That Mr. Samuel Benton, Mr. Robert Harris, and Mr. Philip Taylor, or a majority of
them, be, and are hereby appointed Commissioners, and are impowered and directed to agree and contract with Workmen for erecting and building a
Court House, Prison, Pillory and Stocks, for the use of the said County of Granville; and that Mr. Solomon Alston, Mr. William Johnston, and Mr.
Julius Nichols, or a Majority of them, be and are hereby appointed Commissioners, and are impowered and directed to agree and contract with Workmen
for erecting and building a Court-House, Prison, Pillory, and Stocks, for the use of the said County of Bute.
XXIV. And for reimbursing the said Commissioners the Money they shall expend in erecting the said Buildings, Be it therefore enacted by the
Authority aforesaid, That a Poll Tax of Three Shillings, Proclamation Money, per annum, shall be levied on each Taxable Person, in the said Counties
respectively, for Two Years next, after the first Day of November next; and that all Persons in either of the said Counties who shall neglect to pay
the said Tax after the first Day of March in each Year, shall thereafter be liable to the same Distress, as for non-payment of Public Taxes; and the
Sheriff of each of the said Counties are hereby required and directed, on or before the tenth Day of June, in the said Years respectively, to
account for and pay the said Monies by them to be collected, to the Commissioners aforesaid, after deducting six per cent for his Trouble in
collecting the same, that is to say, as much thereof as shall be levied on the taxable Persons, of the said County of Granville to the aforesaid
Samuel Benton, Robert Harris, and Philip Taylor, the Survivor or Survivors of them; and such Part of the same as shall be levied on the Taxable
Persons of the County of Bute, to the aforesaid Solomon Alston, William Johnston, and Julius Nichols, the Survivors or Survivor of them; and in Case
of Failure or neglect therein by the Sheriff, he shall be liable to the same Penalties, Restrictions and Remedy, for performing the Payment thereof,
as by Law may be had against Sheriffs who neglect or refuse to account for and pay Public Taxes.
XXV. Provided nevertheless, That if the Money so to be collected shall be more than sufficient to answer the Purposes aforesaid, the said
Commissioners respectively shall account for, and pay the overplus thereof, to the Justices of the Court of the County for which they are hereby
appointed Commissioners; to be applied towards defraying the Contingent Charges of such County.