Whereas many Complaints are made by the Inhabitants of Several Parishes in this Government of the misapplication of the parish Taxes and of the Connivance of the Vestrymen in settling the Church Wardens Accounts which has arisen by evil Disposed and averitious persons getting into Vestrys For preventing the Like abuses for the future and giving the fullest satisfaction to the Inhabitants of the Several parishes in this Government

Be it Enacted by his Excellency the palatine etc. And it is hereby Enacted that the Inhabitants Freemen in each and every Parish in this Government may and are hereby Impowered to meet the first Easter Munday after the Ratification of this Act and at every Easter Monday that shall be Every Two Years after at the Court house in Every Parish and if there be none at such other place as by this Act is Appointed (Videlicet) in North East parish of Pasquotank precinct at the Chappell at Sawyers Creek, in Society parish, in Bertie precinct at the Chappell at Ducking Run, in St. Andrews parish in Tyrrell precinct at South shore Chappell untill the Court house for the precinct be built in Hyde precinct at William Websters, then and there to Elect and Choose twelve good and Sufficient Freeholders to Serve as Vestrymen for the Ensuing two years which Vestrymen so Chosen shall be Summoned by the Constable to meet within twenty dayes at the place aforesaid under the Same penaltys and forfietures already provided in the Act for Establishing the Church and appointing Select Vestrymen and the said Vestrymen so Chosen shall meet and Qualifie themselves under the same penaltys and forfietures and in the Same manner as in the said Act for Establishing the Church and appointing Select Vestrys is appointed.

And be it further Enacted by the Authority aforesayd that the Vestrymen so Chosen shall have full power and authority to call any former Church Warden or Vestryman to account for the use of the parishes money and if any Church Warden or Vestryman so Called upon shall neglect or Refuse within Twenty dayes Notice given by the Vestrymen for the time being to Deliver a true perfect and fair account on Oath of all the Sum and Sums of money Collected and Disposed of by them or any of them heretofore or hereafter to be Collected or Received for Such their neglect or refusal of Rendring their Accounts aforesaid in the time aforementioned, that then each and Every Church Warden and Vestryman so Refusing shall forfiet the Sum of One hundred pounds One half of the Said forfietures, to and for the use of the said Parish where the Default shall be made and the other half to the Church Wardens Suing for the Same to be Recovered by Action of Debt bill plaint or Information in any Court of Record within this Government wherein no Essoign Protection or Wager of Law shall be allowed or admitted of.

And Be it further Enacted by the authority aforesaid That if it shall appear to the said Church Wardens or Vestrymen for the time being upon the Exhibiting the said Account that any of the Parish shall be found to have been Applyed or hereafter to be applyed to private uses by the Church Wardens or Vestrymen which have been, now are, or hereafter shall be, that then it shall and may be Lawfull for the Church Wardens or Vestrymen for the time being which have been, now are, or hereafter shall be Appointed, that then it shall and may be Lawfull for the Church Wardens or Vestrymen for the time being to Recover the said moneys so misapplyed by Action of Debt Bill plaint or Information in any Court of Record within this Government wherein no Essoign protection Injunction or Wager of Law shall be allowed or Admitted off to be applyed to, and for the use of the parish, and for which their trouble the said Church Wardens or Vestrymen for the time being shall be allowed out of the so received tenn per Cent with Costs.

And be it further Enacted by the authority aforesayd that the Vestry men and Church Wardens for the time being in Every parish shall have full power and authority to Call any Justice of the peace or other person or persons whatsoever to account on oath for what Sum and Summs of money they shall have received at any time as fines for Adultery fornication, Breach of Sabboth or any other forfietures, that part thereof or all should be applyed to and for the use of the Parish, and which does not appear to be so applyed or accounted for already which said Justices or other persons shall account with the Vestrymen or Church Wardens for the time being, in the Same manner and under the Like penaltys as is in this Act provided for the Vestrymen and Church Wardens accompting, and the forfietures to be in the Same manner applyed.

And be it further Enacted by the Authority aforesaid That the Vestrymen for the time being are hereby authorized and Impowered within forty Days after Every Easter Monday to appoint what parish Levy shall by them appear needfull for the better Enabling them to Maintain a Minister and Defray the Contingent Charges of the parish any Law Custom or usage heretofore to the Contrary Notwithstanding.

And be it further Enacted by the authority aforesaid That the freemen Inhabitants of Each parish shall on every Easter monday appointed by this Act for Electing and Choosing Vestrymen first Elect and Choose some Certain person to take the Votes of the freemen for Electing the Vestry which persons so Chosen shall take the Votes in Like manner and under the same penalty as is provided for the Election of Burgesses for this province and Return the Vestrymens Names so Elected within Six days after the Election to the Church Wardens or Clerks of the Vestry then in office who are hereby Directed and Required to Record the Same and Deliver to the Constables a Copy of the Said Returns within twelve days after the said Election so as the Constable may thereby be Enabled to Summons the Vestrymen so chosen as is Directed in this Act, which said Church Wardens or Clerk of the Vestry neglecting to give the Constable a List or Copy of Such Returns within the time aforesaid shall forfiet for Such Neglect the Sum of Ten pounds to be recovered by Action of Debt Bill Plaint or Information in the precinct Court the one half to the Informer the other half to and for the use of the parish. Whereas the Southern Settlements of this province hath been very much Increased by the Settlement of Cape Fear

Be it Enacted by the Authority aforesayd that the Southern Part of this Province be Divided from the Haul over between Little Inlett, and new River Inlett, and the Southernmost Boundary of this Province into a Distinct Precinct Called New Hanover with all and every the Rights priviledges and other benefitts and Advantages whatsoever as any other of the precincts of Bath County Can or may have use or Enjoy.

And be it further Enacted by the Authority aforesaid That the precinct of New Hanover as now bounded by the Haul over between Little and New River Inletts and the Southermost Boundary of the Province shall be and is hereby appointed a Seperate and Distinct parish by the Name of St. James' parish and that the said Parish shall Enjoy all Such Liberties and priviledges as any other Parish within this Government can or may be.

And Be it Further Enacted by the authority aforesaid That the following persons are hereby appointed to be present Vestrymen for the Said Parish Videlicet Colonel Maurice Moore, Mr. Saml. Swann, Mr. Jos. Waters, Mr. Cornl. Harnet, Roger Moore Esqr., Mr. Natha. Moore, Mr. Edwd. Hyrne, Mr. John Porter, Mr. John Grange, Mr. John Bapt. Ashe, Mr. John Swann, Mr. Richd. Nixon.

And Be it Enacted by the authority aforesayd That the Church Court house and Goal for the Said Parish and precinct shall be Erected and Built on a parcell of Land that is already Laid out apart and Designed for a Towne on the West Side of Cape Fear River Lying Over against the upper haleover and Called Brunswick.

And Be it Further Enacted by the Authority aforesayd That the Justices of the Said precinct are hereby Impowered and Required to Raise money for Building the Court house and Goal by a pole Tax to be then assessed on the Tythable persons Residing within the said Precinct, to be Levyed and Collected by the Marshal of the Said precinct so as for the Defraying the Charges of the Said Buildings no greater Tax to be Laid on the Inhabitants than five shillings per pole for Two years.

CO 5/293, fs. 147-149; General Assembly Session Records (fragment), NC State Archives.
Repealed by an act of 1741. By mistake, apparently, it was included in the revisal of 1749, as was the 1741 act.