North Carolina - Acts on Education Topics

An Act Concerning Orphans

1715 - Chapter XLIX

The State Records of North Carolina - Volume XXIII, Pages 70-71

I. Be It Enacted by His Excellency the Pallatine & the rest of the True & Absolute Lords Proprietors of the Province of Carolina by & with the Advice & Consent of the rest of the Members of the General Assembly now met at Little River for the No. East part of the said Province & by the Authority of the same.

II. It Is Hereby Enacted that from & after the Ratification of this Act no person or persons whatsoever shall give or bind any children or Orphans nor shall any person take or receive any Children or Orphans so given or bound (unless the same be from the parents) without the leave or consent of the Precinct Court where such Orphans shall reside or dwell under the Penalty of Twenty pounds One half to be paid to & for the use of such Orphan the other halfe to him or them that will sue for the same.

III. And Be It Further Enacted by the Authority of the same that the Precinct Courts are hereby Authorized & Impowered to Grant Letters of Tuition or Guardianship to such persons as they shall think proper for the care of bringing up Education of all Orphans & for the taking care of their Estates of all which Guardians so by them appointed they shall take good Security for the due performance of their office or trust. And if the said Courts or any of them shall neglect to perform the Powers & Authorities by this Act given then the members of those Courts so neglecting their Duty shall be Lyable to make good all Damages that shall happen by such their Omission to any child or Orphan.

IV. And Be It Further Enacted by the Authority afors'd that all Orphans shall be Educated & provided for according to their Rank & degree out of the Income or Interest of their Estate & Stock if the same will be sufficient Otherwise such Oprhan shall be bound Apprentice to some Handycraft Trade (the Master or Mistress of such Orphan not being of the Profession of the People called Quakers) till they shall come of Age unless some of kin to such Orphan will undertake to maintain & Educate him or them for the interest or income of his or her Estate without Diminution of the Principal whether the same be great or small shall be always delivered to the Orphan when at Age.

V. And Be It Further Enacted by the Authority afors'd that all Horses, Cattle, Sheep & Hoggs shall be returned by the Guardian in the kind received & according to the Age & number when they were Received And All Plate & Money shall be Preserved & Delivered in kind according to Weight & Quantity And all Slaves & their Increase (Mortality Excepted) shall be delivered when the Orphan comes at Age But all Other Household Stuffs & Lumber that may grow worse before the Orphan may come of Age shall by Order of Court be sold at Publick Outcry & the Moneys Arising therefrom paid by the Guardian to the Orphan when at Age in some of the Rated Commodities of the Government.

VI. And Be It Further Enacted by the Authority afors'd that where any Widow or Orphan shal commence any suit for Moneys or other Legacys due to them by Force of any Will or other Gift or due to them from any Intestate Estate the said Court shall administer an Oath to the Debtr. or Debtrs. & if he or they shall refuse to answer upon Oath the Court shall proceed to give Judgment for the Plantf. for Double the sum as shall be made appear to be due.

EDW'D MOSELEY, Speaker.
CHAS. EDEN,
N. CHEVIN,
C. GALE,
FRAN. FOSTER,
T. KNIGHT.



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