North Carolina - Acts on Education Topics

An Act to Amend an Act, Intituled, An Act for Establishing a Town on the Land Formerly Granted to William Churton, Gentleman, Lying on the North Side of the Enoe River, in the County of Orange

1766 - Chapter XV

The State Records of North Carolina - Volume XXIII, Page 677 - Points to:
The State Records of North Carolina - Volume XXV - Pages 500-503

I. Whereas, the erecting and establishing a town in the county of Orange has been found serviceable, in promoting inland trade and commerce in the western part of this Province; and whereas, the Act of Assembly passed at New Bern in the year of our Lord one thousand seven hundred and fifty-seven, for establishing the same, is found to stand in need of many alterations and amendments;

II. Be it therefore Enacted, by the Governor, Council, and Assembly, and by the Authority of the same, That the four hundred acres of land, by said Act constituted, erected, and established a town, and town common, by the name of Childsburg, shall from and after the passing of this Act, be known and called by the name of Hillsborough.

III. And be it further Enacted by the Authority aforesaid, That forever, after the passing of this Act, the courts of the county of Orange, the election of representatives, and the election of vestrymen, shall be held in the town of Hillsborough; and at no other place; any law, usage, or custom, to the contrary notwithstanding.

IV. And be it further Enacted by the Authority aforesaid, That no suit, writ, or other process, that is, or shall be made returnable to the next Inferior Court of Pleas and Quarter Sessions, to be held for the county of Orange, after the passing of this Act, shall be abated or vacated; or any bail, bond, recognizance, or any other instrument of writing, become void or invalidated; but the same shall be good, available, and effectual in law, to every intent and purpose whatsoever, as if the alteration of the name of the said town, and town common, had never been made.

V. And be it further Enacted by the Authority aforesaid, That so much of the before recited Act, (except as hereafter excepted), shall be, and is hereby declared to be of the same force, effect, and validity, in relation to the said town and town common, as if the same had originally been called by the name of Hillsborough.

VI. And be it further Enacted by the Authority aforesaid, That it shall and may be lawful for the treasurer of the said town, and his successors in office, for the consideration of twenty shillings, Proclamation Money, to make an entry of any lot of land therein lying vacant or unimproved (except those lots reserved by the aforesaid Act of Assembly to William Churton, Esq., and such spring lots as the directors and trustees of the said town and their successors shall think fit and convenient to be reserved and left free to the inhabitants of the said town to be supplied with water; and the lot No. 1 in the plan of the said town, which is hereby reserved for the use of the public as a place for market-house, court-house prison, pillory and stocks; and also, such lots as shall or may be thought necessary, to be reserved by the directors of the said town and their successors, for erecting thereon a church and school, and for a church-yard); and the said directors and trustees, or a majority of them, shall, at the expiration of two years from the date of making the entry with the treasurer as aforesaid, make and execute a deed for granting the same, to the person making the entry, his heirs and assigns, forever, at the cost, and charges of the person to whom the same shall be conveyed, he paying over and above the entry money, eight pence, Proclamation Money, annually, for each and every lot that shall be so conveyed; which shall be applied by the said commissioners, and their successors to the payment of the quit rents due, or hereafter to be due to the Earl of Granville, his heirs and assigns, and if any overplus be remaining, the same shall be laid out for the benefit and improvement of the said town; and every person claiming any lot or lots by virtue of any such conveyance, shall and may hold and enjoy the same, in fee-simple.

VII. Provided nevertheless, That all and every person who heretofore has, or hereafter may make an entry of any lot or lots in the said town, shall, within two years next after the day of entry, and taking up the same erect, build, and finish, on each lot so entered one brick, stone, or frame house, at least twenty feet long, sixteen feet wide, and nine feet pitch in the clear, with brick or stone chimney, or proportionable to such dimensions, if any such person shall have two lots contiguous; and if the owner or taker up of any lot, shall fail to pursue and comply with the directions in this Act described, for building and finishing a house thereon, then the property of such lot, upon which such house shall not be built and finished, shall be and continue in the said directors and trustees; or a majority of them, may and are hereby impowered and authorized to sell such lot by public sale, or otherwise, for the best price that can be had; and the purchaser of any such lot or lots complying, in all things, with the directions and regulations before in this Act described, with respect to building and finishing of a house or houses on the said lot or lots; otherwise the same may be sold to any other person or persons under the like conditions; and in case of the refusal or neglect of any person who shall or may take up any Lot, or purchase any ground in the said town, to pay the sum agreed for, the said directors, or their successors, shall and may commence and prosecute a suit in their own names for the same, and recover judgment therein, with costs.

VIII. And whereas, by the plan of the said town, thirty three feet square, or two square poles of ground, are taken from the front corner of each corner lot, at the crossing or intersection of each main street, in the said town; and as it can be of no use or public benefit whatsoever, to have that quantity of ground taken as aforesaid from each corner Lot;

IX. Be it Enacted by the Governor, Council and Assembly and by the Authority of the same, That the directors and trustees of the said town, or the majority of them, are hereby authorized, impowered and required on or before the fourteenth day of January next after the passing of this act, to sell, to the highest bidder, not exceeding ten pounds, Proclamation Money, each and every one of the said pieces of ground of the dimensions of two square poles, which according to the plan of the said town, were taken from the front corner of each corner lot (ten days previous notice being given of such sale) and the said directors and trustees, or a majority of them, are hereby authorized and required to make and execute one or more deed or deeds, for granting and confirming the same to such purchaser or purchasers, his or their heirs and assigns forever, at the cost and charges of the grantee or grantees to whom the same shall be conveyed.

X. Provided always, That in the sale of the two square poles of ground adjoining the lot number twenty-six, the preference shall be and is hereby allowed to Mr. William Nunn, in case he will give as much as any other bidder not exceeding ten pounds, Proclamation Money; the same privilege is granted to Mr. James Young in the sale of the square adjoining the lot number twenty-five; and also the like privileg is granted to Mr. Edmund Fanning in the sale of the square adjoining the lot number six in the plan of the said town.

XI. Provided, that it shall not be lawful for the said directors and trustees of the said town to sell or dispose of the front corner, or any part of the lots reserved to the aforesaid William Churton, or to the use of the public, by this or the before recited Act, or the corner of any lot hereafter to be taken up in the said town; but that the two square poles of ground be deemed part of the said lot to which it joins.

XII. And whereas, the allowing of hogs and geese to run at large in the said town, is found to be a great nuisance to the Inhabitants; be it Enacted by the Authority aforesaid, That none of the Inhabitants of the said town shall, on any pretence whatsoever, suffer any of their hogs or geese to run or be at large within the bounds of the said town; and any hog or hogs, goose or geese running at large in the said town, shall be forfeited to any person who shall seize or kill the same.

XIII. And be it further Enacted by the Authority aforesaid, That from and after the ratification of this Act, it shall and may be lawful for the Justices of the county of Orange yearly, to appoint some proper person, inhabitant of the said town, overseer of the same; which overseer so appointed as often as there shall be occasion summons the male taxables, inhabitants of the said town, to clear and repair the streets thereof, and remove any nuisance or nuisances within the same; and if any such male taxable (except such as are exempted by Law from working on public roads), direct (two days notice being given before the day appointed for working) such persons so neglecting or refusing or the master or mistress of such persons shall forfeit the sum of two shillings and eight pence, Proclamation Money, for every day he shall so neglect or refuse; to be recovered by warrant from any justice of the peace of the said county, and apply to the use of the employing persons to work and keep the streets of the said town clear and in good order.

XIV. And be it further Enacted, by the Authority aforesaid, That the inhabitants of Hillsborough shall be and are for the future exempted from working on any of the public roads within this Province.

XV. And be it further Enacted by the Authority aforesaid, That the Sheriff of the county of Orange, the clerk of the court of the said county, the register of the said county, and their successors, shall, during their continuance in office, hold and keep their respective offices, in the said town of Hillsborough, and that if any of the said officers shall neglect and refuse so to do, each of them so neglecting or refusing shall for every month he shall so fail, forfeit and pay the sum of twenty shillings, Proclamation Money, to be recovered before any jurisdiction having cognizance thereof; one half to the informer, and the other half to the directors of the said town; to be applied to the use and benefit of the said town.

XVI. And be it further Enacted by the Authority aforesaid, That the directors and trustees for the time being, or a majority of them shall and are hereby impowered to pass any order that they may judge proper for preventing mortar, clay, or wooden chimneys being built, and pulling down such already built (if thought to be a nuisance) for making the people keep their chimneys clean and raising them to a proper height, for obliging all persons to clean the streets before their houses, and for all other things for the good and safety of the said town, and the proper regulation of it consistently with the laws of this province; and to enforce such orders, by laying a fine, not exceeding forty shillings, Proclamation Money, on all persons neglecting or refusing to comply therewith.

XVII. And be it further Enacted by the Authority aforesaid, That the directors and trustees of the said town, or a majority of them, shall, as often as they shall think proper, appoint a town clerk, and shall keep a town book; in which shall be entered the time of taking the entries of lots and the orders they may make, the account of the monies they have received, or hereafter may receive, the manner of applying such money and the sums remaining in hand, under the penalty of fifty pounds, Proclamation Money; to be recovered by any person who shall or may sue for the same, in any court in this province havingjurisdiction thereof, one half to the prosecutor, the other half to the use of the said town.

XVIII. And be it further Enacted by the Authority aforesaid, That all the monies arising by the sale of any ground, or taking up of any lot in the said town, or any other way by virtue of this or the before recited Act, be appropriated, laid out, and applied to such use or uses as the said directors or a majority of them shall think convenient for the better encouragement of the said town.

XIX. And be it further Enacted by the Authority aforesaid, That the sixth and seventh sections, and so much of the second and third sections of the before recited Act as is repugnant to this Act be, and is hereby repealed and made null and void.

William Tryon, Esq., Governor
James Hassell, President
John Harvey, Speaker



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