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-27
Repealed by an act of 1748. State Records, 23:296.