to be sold at Public Vendue, for the Benefit, and at the Expence of the Owner: And this Act shall be in Force until the next Session of General Assembly, and no longer.

SESSION BEGINNING APRIL 17, 1780.

[1780, p. 318]

CHAPTER IV.

An Act for the More Effectually Preventing Engrossing and Forestalling for the Encouragement of Commerce and the Fair Trader, and for other purposes therein mentioned.

I. Whereas of late the currency of this and the United States hath been depreciated, the necessaries of life rendered scarce, and the prices of every thing raised to the most extravagant height; all which evils and many more have originated from the wicked arts of a set of men called speculators; who regardless of every thing but their own illicit gain spread themselves over the country forestalling and engrossing the necessary articles of life and of commerce: For remedy whereof,

II. Be it enacted by the general assembly of the state of North Carolina, and it is hereby enacted by the authority of the same, that from and after the first day of June next ensuing, it shall not be lawful for any person or persons to sell or retail for profit (except as herein after excepted) any kind of imported articles except the same shall have been imported from beyond seas on his or their own account, or shall have been consigned to him or them from beyond the seas, under the penalty of forfeiting one hundred thousand pounds for every offence.

III. And be it enacted by the authority aforesaid, that it shall not be lawful for any person or persons to purchase or contract for any kind of article of the growth or production of this state except for his, her or their own family's use and consumption, and except the same shall be purchased for the express purpose of exporting the same on his or their own account within the space of eighty days thereafter; and if any person shall purchase any such articles except for his, her or their own family use and consumption, and shall not export the same within eighty days as aforesaid (unavoidable accidents only excepted) he or they so offending shall forfeit all such articles and shall also pay for every such offence the sum of one hundred thousand pounds. Provided, that

nothing in this act contained shall be construed to prevent persons buying imported or other articles necessary for the carrying on his, her or their particular manufactory or occupation.

IV. And in order the better to secure to the good people of this State a plentiful supply of all the necessaries. of life, be it further enacted, That if any person or persons shall export, or attempt to export, to any of the other states, either by land or by water, any article whatever first imported into this state, he or they so offending shall forfeit all such goods so attempted to be transported, and shall further forfeit and pay the sum of one hundred thousand pounds for each and every offence. Provided, nevertheless, that nothing herein contained shall be construed to debar the masters or owners of vessels belonging to any of the other United States from leaving this state with their cargoes, provided they do not break bulk in this said state. And in order the more effectually to carry the good purposes of this act into effect,

V. Be it further enacted by the authority aforesaid, that if any person whatsoever shall presume to purchase up any articles imported or of the production of this state contrary to the true intent and meaning hereof, it shall and may be lawful for any magistrate, and he is hereby required on having information thereof, to issue his warrant and summon a force sufficient for seizing and securing all such engrossed articles, and he shall make return of his proceedings to the next court of his county, who shall thereupon hear and determine in a summary way the merits of the case, and if it shall appear to the said court that such person or persons had purchased such articles in violation of the true intent and meaning of this act, the said articles shall be condemned as forfeited, and shall be sold at public auction by the sheriff of the said county, one half to the informer the other half to the use of this state.

VI. And be it further enacted by the authority aforesaid, that all the penalties by this act imposed shall be and enure in all cases, one half to the informer the other half to the use of this state, and it may be sued for in any court of record in the state.

VII. Provided nevertheless, that nothing in this act contained shall prevent any inhabitant of this state, having obtained a license from three justices, from purchasing any kind of imported articles from the original importer

or consignee and selling the same for any profit not exceeding twenty five per cent. on the purchase money, and an allowance of five per cent. for every hundred miles he may have transported the same, as also an allowance of fifteen per cent. to such persons transporting the articles of rum, salt, brown sugar, iron, steel and molasses, as aforesaid, from the place of such purchase.

VIII. Provided nevertheless, that nothing in this act contained shall bar or restrain any continental contractor or commissary or any commissary or contractor of this state from purchasing provisions for the use of this state or the United States, or the commissioners appointed for carrying on a trade for the public benefit, or any of them, or any other person or persons acting for or under them, or any of them, from purchasing any country manufacture or produce; or foreign goods, wares and merchandise, or other articles necessary for carrying on trade for the benefit of this state.

IX. And be it further enacted by the authority of the state, that no person or persons within this state, except the original importer, consignee or manufacturer, and except as is herein excepted, shall from and after the first day of June next presume to sell, or expose to sale, any goods, wares or merchandise, before he or they shall obtain a permit for so doing from some three justices of the peace of the proper county where such seller resides. And to the end that the good purposes of this act may be the more effectually answered,

X. Be it enacted by the authority aforesaid, That before any person shall obtain such permit, he, she or they shall take the following oath or affirmation, which such justices are hereby required to administer before they shall grant such permit: I, A B, do swear, or solemnly and sincerely declare and affirm, that I will not directly or indirectly ask, demand, take or receive any greater or other profits on any of the goods, wares or merchandize, which I shall sell during the continuance of an act of assembly of this state entitled, "An Act for the more effectually preventing engrossing and forestalling, for the encouragement of commerce and the fair trader, and for other purposes therein mentioned," than is allowed in and by the said act; that I will not directly or indirectly buy, contract for or get into my possession, any such goods, wares or merchandize, otherwise than is allowed by the said act, and that I will in all things to the utmost

of my power comply with the directions of the said act. And if any person or persons, except as aforesaid, shall sell or expose for sale, any goods, wares or merchandize, before he, she or they, shall obtain such permit, and before he, she or they, shall take the oath or affirmation aforesaid, every person so offending shall forfeit double the value of the goods so sold, or offered for sale, one half thereof to the informer the other half to the use of the state.

SESSION BEGINNING SEPTEMBER 5, 1870.

[1780, p. 344.]

CHAPTER I.

An Act for levying a specific Provision Tax on all the inhabitants of this State, for the support of the Army and Navy of this and the United States in the Southern Department.

I. Whereas from the operations of war in this and the neighboring States, it becomes difficult by purchase. alone, to supply the army and navy with a sufficient quantity of provisions and other necessaries:

II. Be it therefore enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, that a specific provision tax be levied on all the inhabitants of this State, in addition to the pecuniary tax for the current year, in the following manner, viz., that each and every inhabitant of this State shall for every hundred pounds value of his or her taxable property, contribute and pay to the commissioner of his respective county, one peck of Indian corn, or half peck of wheat, or five pounds of good flour, or one and one fourth pecks of clean oats, or threefourths of a peck of rye, or one peck of rough rice, or one third do. clean rice, merchantable, or three pounds of good pork, or two pounds of fatted do., or four and a half pounds of good beef, and shall be bound and obliged severally to convey and deliver at such places, warehouses or magazines, not exceeding three within the county (the county of Rowan excepted, and in that not exceeding four) as may be ordered and directed by the commissioner of each respective county, and that any person who shall delay or refuse, after tenth day of January next, to advance and deliver his or her proportion of the specific tax in some of the before enumerated articles, agreeable to the true intent and

meaning of this law, the collector of the district shall and may, by warrant from the commissioner, make distress, seizure and sale, of the goods and chattels, lands and tenements, of all persons so refusing or neglecting sufficient to purchase double the quantity of such specific supplies at the highest prices then in the district. Provided nevertheless, that the inhabitants of Carteret county may deliver one gallon of salt in lieu of any one. of the enumerated articles by this Act directed to be paid. Provided also, that no collector shall be obliged to lay out the sums he may so receive for enumerated articles aforesaid, but shall settle and account with the said commissioner for the same, and that the said collector shall be entitled to take and receive for every seizure or distress the sum of twenty five dollars.

III. And be it further enacted, by the authority aforesaid, that all Quakers, Moravians, Menonists, Dunkards, taxable polls and non-jurors, shall be taxed, and shall pay and deliver in the specific enumerated articles as aforesaid in the same proportion as by the pecuniary tax law for the present year they are bound and obliged to do. Provided, no person shall be considered a nonjuror, except such who, having been lawfully called on, have refused to take the oath of allegiance to this State.

IV. And be it further enacted, by the authority aforesaid, that immediately after the passing of this Act, the sheriff of each county in this State, shall summons the justices within his county to meet at the court house on some certain day, within five days next after such notice, who having met, or any five of them, shall and are hereby required to nominate and appoint a proper person to be commissioner of each county for carrying the purposes of this Act into effect, and from time to time fill up any such vacancies as may happen: the said commissioner before entreing upon the duties of his office, shall give bond, with two or more sufficient securities, payable to the Governor or commander in chief for the time being, and his successors, in the sum of ten thousand Spanish milled dollars, with the following condition:

The condition of the above obligation is such, that whereas the above bounden is nominated and appointed commissioner for the county of for collecting

provision taxes, and purchasing and procuring supplies of provisions, pursuant to an Act of the General Assembly intitled, "An Act for levying a specific provision tax on