Page:1751 A collection of all the public acts of Assembly, of the province of North-Carolina now in force and use.pdf/352



III.  be it further Enacted, by the Authority aforeſaid, That the Sherifs, pay at Public County Treasurers, and all other Persons concerned, or who have been concerned, in the collecting and receiving any Public Money, within the resſpective Counties of Craven, Carteret, Onslow, New-Hanover, Bloden, Johnston, Beaufort, Hyde, Ansor, and Duplin, who have not already accounted for and paid the ſame to the aforeſaid Edward Moseley, Esq; or the said Eleazer Allen, Esq; deceased, or to the Committee of Accounts of both Houses, shall; upon Oath, account for and pay to the said John Starkey, Esq; all the Money so by them respectively received, or which by Law they ought to have received, and are accountable for; under the Penalty of Twenty Pounds, Proclamation Money.

IV.  be it further Enacted, by the Authority aforesaid, That all and every Sheriff and other Persons, who shall be concerned in the collecting and receiving the Public Monies hereafter to be collected and received; within the feveral Counties above-mentioned, shall, the Week after the succeeding General Court following the Time appointed by Law for their collecting or receiving thereof, upon Oath, account for and pay the fame to the Public Treasurer aforesaid, at Newbern; under the Penalty of Twenty Pounds, Proclamation Money.

V.  be it further Enacted, by the Authority aforesaid, That the said Public Treasurer is hereby authorized, impowered, and required, to sue and profecute all such Sherifs, County Treasurers, or other Accountants, their Heirs, Executors, or Administrators, or other Persons, who have heretofore been, or who shall hereafter be concerned, in the collecting or receiving the Public Money, or who have or shall, at any Time hereafter, have any of the said Money in their Hands, within any of the said Counties, and shall neglect or refuse to account for and pay the same; and also, on the several Bonds already given, of hereafter to be given, by each and every of the said Sherifs of the said Counties, County Treasurers, or other Persons in any of the said respective Counties, for the due and faithful Performance of their several Offices and Duties; and the Clerks of the several County Courts, and every other Person or Persons, having such Bond or Bonds, Account or Accounts, or other Papers, in his or their Keeping or Possesion, is and are hereby directed and required to deliver the same to the Public Treasurer aforesaid, of such County where the said Bond or Bonds was or were given, or Accounts or other Papers lodged, when he shall demand the same.

VI.  be it further Enacted, by the Authority aforesaid, that the said court with the Public Treasurer shall, from Time to Time, as often as required, upon Oath, Gen. Assembly. account for, and pay to the General Assembly, all such Sums of Money which he shall receive by Virtue of this Act; for which Trouble, he shall be allowed Five per Cent. on all the Monies by him received and paid into the Assembly, (except the Money he shall receive from the Executors either of the said Edward Moseley, Esq; or Eleazer Allen, Esq; which was lodged in the Hands of the said Edward Moseley, Essq; or Aleazer Allen, Esq; for building the Forts, and may deduct the same accordingly.

VII.  be it Enacted, That the Penalties in this A before mentioned, shall be sued for and recovered in the General Court of this Province, by Action of Debt, Bill, Plaint, or Information, wherein no Ession, Protection, Injunction, or Wager of Law, shall be allowed or admitted of; Two Thirds whereof to his Majesty, to be applied for the Use of the Public, and the other Third to the Treasurer aforesaid. VIII.