North Carolina Office of Archives & History Department of Cultural Resources
Historical Publications Section The Colonial Records Project
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Historical Publications Section
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     Acts     

Last Updated 12/31/00


AN ACT for to enable Commissioners herein Named to build a Bridge over Livingston's Creek between New hanover and Bladen Countys


Whereas the Creek called Levingston's Creek being the Boundary between New Hanover and Bladen Countys is so large and deep that his Majesty's Subjects of both the said Counties who have often occasion to pass and repass the said Creek are frequently in danger of their lives and some have acually been therein Drown'd For the prevention whereof for the future and for the better Establishing a Safe and easy intercourse between the said Countys

Be it Enacted by his Excellency Gabriel Johnston Esqr. Governour by and with the advice and consent of his Majesty's Council and General Assembly of North Carolina and it is hereby Enacted by the Authority of the same That the Honorable Mathew Rowan Esqr. Robert Hamilton John Davis Hugh Blanning and George Moore Esqrs. be and are hereby appointed Commissioners for Erecting and building a Bridge over the said Creek called Levingston's Creek and they or the Majority of them are hereby impowered to Build the said Bridge on such part of the said Creek as they the said Comissioners or the Majority of them shall think the most Convenient for that purpose and in such manner as they or the Majority of them shall Judge most proper and Sufficient.

And be it Enacted by the Authority aforesaid that for defraying the Charge of Building the said Bridge the sheriff of each of the said Countys of New Hanover and Bladen be and is hereby Impowered and authorized at any time before the first day of February next after the Ratification of this Act and also at any time before the first day of February next after the Ratification of this Act and also at any time before the first day of February in the next Succeeding Year and not longer demand levy upon and receive from the Inhabitants of each of the said Countys the sum of Sixpence Proclamation Money or three Shillings and Ninepence Current Bills or the Equivalent in Lawfull Comoditys delivered according to Law as a Pole Tax for every Taxable person within each and both of the said Counties and in case of refusal of payment to be recovered by the Sheriffs or either of them in the same manner by distress as is directed in the Acts of Assembly for Collecting and recovering the Publick Levies allready Established.

And be it further Enacted by the Authority aforesaid that both the said Sheriffs are hereby directed and Commanded to Account with and to pay to the Comissioners aforesaid or to such person or persons as by the said Commissioners or the majority of them shall be appointed for that purpose in two months after the time appointed for the finishing each and every of the Collections of the Taxes aforesaid all such sum and sums of money or Comoditys or Notes for Comoditys as by them and each of them shall be Lawfully received by Virtue of this Act deducting the Summ of Six pounds for every hundred pounds by them Collected and at that rate for a Lesser Sum which they are hereby impowered to receive and keep as a reward for their Trouble in Collecting the same.

And be it Enacted by the authority aforesaid that in case either of the said Sheriffs shall neglect or refuse to Account with and to pay to the said Commissioners or to such other Person or Persons as shall for that purpose be appointed by them or the Majority of them for the space of two Kallendar months after the respective times appointed for the finishing the several collections aforesaid The said Sheriffs or either of them so neglecting or refusing shall forfeit and pay to the Commissioners aforesaid the Sum of Fifty pounds proclamation money to be recovered in any Court of Record within this province by Action of Debt bill plaint or information wherein no Essoin protection Injunction or wager of Law shall be allowed of which said Forfeitures when recovered shall be applied by the Commissioners or the Majority of them to the use the Levy or Tax aforesaid are Intended.

And be it further Enacted by the Authority aforesaid that the Commissioners aforesaid shall deliver into the County Court of New Hanover and also into the County Court of Bladen a particular and true Account of all such sums of Money and Comoditys as they shall receive by Virtue of this Act from each County and in what manner they have applied the same.

And be it further Enacted by the authority aforesaid that in case there shall be any Surplus of the said Tax after finishing the said Bridge such Surplus shall be returned to a person to be appointed by the County Court of New Hanover to be [applied] toward Building Publick Warehouses in the said County.

And be it further Enacted by the authority aforesaid that in case of the death or departure out of the province refusal to Act or other Legal Disability of any of the said Commissioners before the Compleating and finishing the said Bridge the Governor or Commander in chief for the time being be and is hereby impowered to Nominate and appoint another in the room and Stead of every such Commissioner so dying Departing out of the province refusing to act or otherwise disabled as aforesaid and every Comissioner so appointed shall be and is hereby Invested with the same powers and authority as if he had been nominated in this Act.

And be it further Enacted by the Authority aforesaid that the said Comissioners or the persons employed by them shall be and are hereby impowered to Cut down and make use of any Timber trees on the adjacent Lands for Building the said Bridge.

CO 5/333, fs. 50-51b



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