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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. 5-6b
This 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
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