GASR_Nov1762_Dec1762

Nov. 17, 1762

1st

An act for dividing the county of Granville, and other purposes therein mentioned.

Whereas by reason of the large extent of the County of Granville it is greatly inconvenient for the inhabitants to attend the Court of the aforesaid County, General Musters and other Public Duties by Law required.

Be it Therefore Enacted by the Governor Council and Assembly, and by the Authority of the same That from and after the tenth day of March next the said County of Granville shall be and is hereby divided into two distinct Counties, and that all that part of the said County which is now called and known by the Name of the Parish of Granville from and after the said tenth day of March shall be a distinct County and remain and be called by the name of Granville County, and that all that part of the said County called and known by the name of the Parish of Saint John, shall be thenceforth one other distinct County and called by the Name of Prince George County

And Be it further Enacted by the Authority aforesaid, That after the said tenth day of March a Court for the said County of Granville shall be centrally held by the Justices thereof, at a Place called and known by the Name of Oxford upon the days & times by Law appointed for that Purpose. And also that a Court for the said County of Prince George shall be constantly held by the Justices thereof at a place called & known by the name of the Buffalo Race Paths on the Land of Mary Hurst, upon the third Tuesday in February, May, August, and November in every year as by the Laws of this Province is or shall be provided and by Commission shall be directed to the Justices of the said Counties respectively.

And Be it further Enacted by the Authority aforesaid that nothing herein contained shall be construed to debar the Sheriff of the said County of Granville as it now stands undivided to make distress for any Levies, Fees or other Duties that shall be due from the Inhabitants of the said County in the said tenth day of March in the same Manner as he could or might have done by Law if the said County had remained undivided, and the said Levies fees and other Duties shall be accounted for in the same Manner, as if this Act had never been made anything herein contained to the contrary Notwithstanding. Provided always that nothing herein contained shall be construed deemed or taken to alter or derogate from the Rights and Royal Prerogative of his Majesty his heirs or Successors of granting Letters of Incorporation to the said County of Prince George and of ordering appointing and directing the election of a Member or Members to represent the same in Assembly and granting Markets and Fairs to be kept and held in the said Counties respectively [torn] that the said Right and Prerogative shall and may at all times hereafter be exercised Therein by

2d

By his said Majesty his Heirs and Successors in as full and ample manner to all intents and purposes whatsoever as if this Act had never been made.

And Be it further Enacted by the Authority aforesaid, That one Act of Assembly of this Province made and passed in the year of our Lord one thousand and fifty six Intituled An Act for establishing Publick Roads and Ferries, and for the better Regulation of the same in several Counties, and all the Powers and Authorities therein and every Clause and Article thereof shall extend to the said County of Prince George and be in full Force within the same all intents and purposes as if the said County had been particularly mentioned in the said Act.

And Be it further Enacted by the Authority aforesaid That Robert Harris, Samuel Benton Philip Taylor, Philip Prior and Richard Henderson Esqr's the Survivors or Survivors of them be and are hereby appointed Commissioners and impowered and directed to agree and Contract with Workmen for erecting and Building a Court house, Prison Pillory and Stocks for the use of the said County of Granville; and that Solomon Alston William Johnston, Julius Nichols, Osborn Jeffreys & Philemon Hawkins Esqrs the Survivor or Survivors of of them be and are hereby appointed Commissioners and are impowered and directed to agree and contract with workmen for erecting and building a Court House, Prison Pillory and Stocks for the use of the said County of Prince George. And for reimbursing the sd Commissioners the Mony they shall expend in erecting the said buildings, Be it further Enacted by the Authority aforesaid, That a Poll Tax of three shillings Proclamation Money per annum shall be levied on each Taxable Person in the said Counties respectively for two years next after the first Day of November next. And that all Persons in either of the said Counties, who shall neglect to pay the said Tax till after the first Day of March in each Year, shall thereafter be liable to the same distress as for non-payment of Publick Taxes, and the Sheriff of each of the said Counties is hereby required and directed on or before the Tenth Day of June in the said Years respectively to account for and pay the said Monys by them to be collected to the Commissioners aforesaid after deducting six per Cent for his trouble in collecting the same, That is to say, so much thereof as shall be levied on the Taxable Persons of the County of Granville to the aforesaid Robert Harris, Samuel Benton, Philip Taylor Philip Prior and Richard Henderson Esq'rs the Survivor or Survivors of them and such part of the same as shall be levied on the Taxable Persons of the County of Prince George to the aforesaid Solomon Alston, William Johnston, Julius Nichols, Osborn Jeffreys, & Philomon Hawkins Esq'rs the Survivors or Survivor of them, and in Case of failure or neglect therein by the Sheriff he shall be liable to the same Penalties, Restrictions, Process and Remedy for performing the Payment thereof as by Law may be had against Sheriffs

410

3d

Sheriffs who neglect or refuse to account for and pay Publick Taxes. Provided nevertheless, That if the Mony so to be collected shall be more than sufficient to answer the Purposes aforesaid The said Commissioners respectively shall account for and pay the overplus thereof to the Justices of the Court of the County for which they are hereby appointed Commissioners to be applyed towards defraying the Contingent Charges of such County.

And Be it further Enacted by the Authority aforesaid, that the Sheriff of the County of Prince George for the time being after the said fourth day of June, shall account with and pay to the Public treasurer of the Northern District of the Province all Publick taxes by him collected under the like Rules and Restrictions, Fines, Penalties, Process, and Remedy as other Sheriffs are by Law subject to in the like Cases.

And Be it further Enacted by the Authority aforesaid that all Causes, Pleas, Writs Actions Suits Plaints Process precepts Recognizances, Indictments, Presentments and other Matters and things in the said County of Granville depending from and imediately after tenth day of March aforesaid, shall stand adjourned and continued from the Present Court house of the said County to the aforesaid Place [creased illegible] Buffalo Race Paths on the Land of Mary Hurst, and all appearances and Returns of Process shall be made on the day by Law appointed for holding the said Court to the aforesaid Buffalo Race paths and all Suitors or Witnesses bound to appear thereat in the same Manner as if the said Court had not been removed from the Present Court house to the aforesaid Buffalo Race Paths, and all Subsequent Process which shall or may issue on any Action already comenced and not determined in the said Court of Granville be directed to and executed by the Sheriff of Granville County to the final determination of such Causes any Law, usage or Custom to the contrary Notwithstanding.

And be it further Enacted by the Authority aforesaid that after the said tenth day of [torn illegible] the [torn illegible] Prince George shall be continue and remain part of [torn illegible] of the Superior Court of Halifax, and the Justices of the said Inferior Court of Prince George shall and they are hereby directed before every Superior Court held for the District aforesaid to nominate and appoint Four freeholders to serve as Grand and Petit Jurors at such Superior Court, A List of which Jurors so nominated shall be delivered by the Clerk of [next?] Court to the Sheriff who shall and is hereby required to summons the Persons so nominated and appointed to serve as Jurymen at the said Superior Court, which Jurymen so nominated shall have and receive the same Allowance, and shall be [torn illegible]der the same Rules fines and Restrictions as other Jurymen are in the Respective Counties of this Province. And

412

4th

And Be it further Enacted by the Authority aforesaid that it shall and may be lawful for the Interim Court of Pleas and Quarter Sessions of the County of Granville for the future to nominate & appoint four Freeholders only to serve as Grand and Petit Juror at the District of Halifax aforesaid any Law Usage or Customs to the contrary Notwithstanding

And Whereas by an Act of Assembly passed at Wilmington in the year of our Lord one thousand Seven hundred and Sixty one, It was Enacted that each and every Vestry to be held for any Parish in the Province was to be held at the Church of the said Parish respectively, And the Vestry of the Parish of Granville having unadvisably and before passing of the aforesaid Act established a Church near one Corner of the said Parish of Granville which renders it inconvenient for the Purposes aforementioned, for Remedy whereof Be it Enacted by the Authority aforesaid, That from and after the passing of this Act Saint George's Chappel only in the said Parish shall be held deemed and taken, and is hereby Established a Church in lieu of Saint Peters, and that all and every order or Orders of vestry heretofore made or so much thereof as relates to establishing Saint Peters Church in the aforesaid Parish, are hereby declared null and void to all intents and purposes as if the same had never been made

Read three Times and Passed in Open Assembly Day of December Anno Don 1762

254

[left margin vertical text block] An Act for Dividing the County of Granville and other Purposes therein mentioned [end left margin vertical text block]