North Carolina - Acts on Education Topics

An Act for Regulating Ordinaries and Retailers of Spirituous Liquors by the Small Measure, and for Appointing a Standard-Keeper in the Towns of Newbern and Wilmington, and to Erect a Public School in the County of New Hanover.

1800 - Chapter XLIV

The Laws of North Carolina of 1800 - Pages 29-30

Whereas many abuses and irregularities have been found to prevail in the towns of Newbern and Wilmington, in consequence of improper persons being permitted to keep ordinaries, and to retail spirituous liquors by the small measure, to remove the cause of such abuses and irregularities in future:

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 next March term of Craven and New Hanover county courts, no person shall keep an ordinary, or retail spirituous liquors by the small measure, in the town of Newbern or Wilmington, until he or she shall have first applied to the Commissioners appointed for the government of the said town, and have obtained from them a certificate of their permission for that purpose, which certificate and permission shall be valid and in force for the term of one year from the time it is granted and no longer; and every person who shall keep an ordinary, or who shall retail spirituous liquors by the small measure in either of said towns, after the said March term aforesaid, without having first obtained the permission of the Commissioners as aforesaid, shall forfeit and pay the sum of twenty-five pounds, to be recovered in an action of debt before any court having competent jurisdiction thereof, by an person or persons who shall within one year after the offense committed sue for the same, the one-half in the use of the prosecutor or prosecutors, the other half to the use of the said towns, to be applied by the Commissioners towards the contingent charges thereof.

II. And be it further enactedf, That every person who wishes to keep an ordinary, or to retail spirituous liquors by the small measure in either of the said towns, and who has obtained the permission of the Commissioners as aforesaid, may on application to the county courts of Craven and New Hanover respectively, be ordered, at the discretion of said courts, to have a license for the purpose aforesaid, and on such license being granted, he or she shall produce one or more securities to the said courts, to be by them approved, who shall, before the license be made out, join with him or her in a bond of the same tenor as is prescribed in the second section of an Act passed in the year one thousand seven hundred and ninety-eight, entitled "An Act for regulating ordinaries and houses of entertainment, and retailers of spirituous liquors by the small measure;" and it shall be the duty of the Clerks of said courts respectively, upon such boing being given and license ordered, to prepare a license and sign the same, which shall continue in force for one year and no longer, and the person obtaining such license shall pay to the Clerk the same fees, and to the Sheriff the same tax as by the third section of the Act above recited are directed and required.

III. And be it further enacted, That no person shall be permitted to retail spirituous liquors by the small measure, in either of said towns, without a license from said courts respectively, under the penalty of twenty-five pounds, to be recovered and applied in the manner directed by the first section of this Act; and the said courts are enjoined and required not to grant a license for said purpose, or for keeping an ordinary, in either of said towns, to any person who has not obtained the permission of the Commissioners, and does not produce their certificate to that effect. Provided nevertheless, that such persons as have already, or shall before the March term aforesaid, have obtained license to keep an ordinary, or to retail spirituous liquors by the small measure, in the manner heretofore used and by the law permitted, shall not be subject to the penalties above denounced, till after their said license shall have expired.

IV. And be it further enacted, That upon complaint made to the Commissioners, or to the Intendent or Magistrate of Police of either of the said towns, of any ordinary keeper or retailer as aforesaid within the bounds thereof, selling to or purchasing from a slave without a permit from his or her owner, or of entertaining a servant or slave against the will of his or her owner, or of entertaining a common sailor against the directions of the master of the vessel to which he may belong, or of keeping a disorderly house, it shall and may be lawful for the said Commissioners, or a majority of them, or for the Intendent or Magistrate of Police alone, and he or they are hereby authorized and required to summon such ordinary keepier or retailer as aforesaid before him or them, and on such offense being proved, to disable such person from keeping an ordinary or retailing spirituous liquors by the small measure in said town, as if he or she had ever obtained any permission or license for that purpose; and if after such disability and suspension pronounced, any such person shall keep an ordinary or retail spirituous liquor by the small measure within said town, he or she shall be subject to the same penalty as in denounced by the first section of this Act, to be recovered and applied in the same manner as is therein prescribed.

And whereas the Acts for regulating weights and measures in the respective counties of this State, have not the desired effect in the towns of Newbern and Wilmington:

V. Be it further enacted, That the Commissioners of the said towns are hereby authorized and required at their first meeting after their annual appointment, and in each and every year thereafter, to appoint proper persons as standard-keepers for the towns of Newbern and Wilmington, who shall have the same powers within said towns, be subject to the same duties and penalties, and entitled to the same fees, as standard-keepers now are or may be by law; and this from and after the first Monday of May next, the power and dury of the standard-keeper appointed by the county courts, shall not extend to any person using weights and measures in said towns.

VI. Be it enacted by the authority aforesaid, that John London, John Lord, Samuel Russell Jocelyn, Joshua G. Wright, William Nutt, John Colvin, John Jones, Timothy Bloodworth, Sr., William Devanne, Thomas Hill, John Hill, Henry Walters, Honorable Samuel Ashe, Robert Nixon, Nicholas Nixon, James Howard, Jr., and Jeremiah Hand, be and are hereby constituted and appointed Trustees of a public school in the county of New Hanover, with full power and authority to receive, take and hold all property, both real and personal, by gift, grant, subscription or otherwise, for the purpose of establishing and supporting the said school. And the said Trustees and their successors, shall be and are hereby declared to be capable in law and equity, by the name of the Trustees of New Hanover School, to ask for, receive, demand, sue for and recovery all such sums of money as may be due or owing to the said Trustees, by subscription or otherwise, in any court of record, or before any jurisdiction having cognizance of the sum demanded and sure for; and the money or property collected or received by the said Trustees, they, or a majority of them, are hereby authorized to apply and appropriate in such manner as they may deem most for the advancement of said school.

VII. And be it further enacted, That in case any of the Trustees herein appointed shall die or refuse to act, the remaining Trustees, or a majority of them, shall be and are hereby authorized and empowered to appoint other Trustees in the room of those dying or refusing to act; and the Trustees, or a majority of them, may at all times appoint other Trustees to fill up vacancies occasioned by the death or resignation of any of their body; and they, or a majority of them, are hereby empowered to appoint a President, Secretary, Teachers and all other officers to the said school which they may deem necessary and proper,a nd to make such rules and regulations for the government thereof as may be deemed expedient and advantageous to the same.

VIII. And be it further enacted, That all Acts and clauses of Acts that come within the meaning and purview of this Act, be and the same are hereby repealed and made void.

Read three times and ratified in General Assembly,
the 20th day of December, Anno Domini, 1800
William White, Secretary

Joseph Riddick, S.S.
Stephen Cabarrus, S.H.C.



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