A ing such license, the person who applies for the same shall produce one or more securities to the said court to be by them approved, who shall before the license is made out, join with him or her in a bond of the following tenor, to wit: Know all men by these presents, that we, A B and C D, are held and firmly bound to , governor of the state of North-Carolina, in the sum of one hundred pounds current money of the state, to be paid to the said or his successors in office. To which payment, well and truly to be made, we bind ourselves and every of us, our and every of our heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated the day of The condition of the above obligation is such, that whereas the above bounden AB hath obtained a license to keep an ordinary at ,if therefore the said A B doth constantly find and provide in his or her said ordinary good and wholesome diet and lodging for travellers, and stable, fodder, corn, and pasturage for their horses, for and during the term of one year from the day of then this obligation to be void, other wise to remain in full force. 2 In case of breach of or not complying with the condition of the said bond, it shall and may be lawful for any person in the name of the governor, to sue for and recover the penalty of the said bond, and apply one half thereof to his or her own use, and the other half to the use of the state. When such bond shall have been given, the clerk of the court shall prepare a license and sign the same, which license shall continue in force one year and no longer. And the said clerk shall receive the sum of eight shillings for his own use, in full for his fees and furnishing a copy of the tavern rates. And every person obtaining such license shall pay to the sheriff of his or her county, at the time of paying public taxes, a further sum of forty shillings, for the use of the state. If any ordinary keeper shall entertain servants or slaves against the will of their owners, or common sailors against the direction of the masters of vessels to which they belong, every ordinary keeper so offending, shall and may by order of the justice before whom such offence shall be proved, be from thenceforth suspended and disabled from keeping an ordinary, as if he or she had never obtained a license for that purpose; and shall be further subject to a fine of five pounds to the use of the party suing for the same; to be recovered before any justice of the peace, subject nevertheless to an appeal to court as in cases of other warrants, by either party who may think themselves aggrieved by the determination of such justice. The justices of each county shall once a year or oftener if necessary, at the first court to be held after the first day of January in each year, rate the prices of liquor, diet, lodging, fodder, corn, provender, and pasturage to be taken by ordihary keepers in their respective counties. And every ordinary keeper shall, within thirty days after such rates are settled, cause the same to be set up in the common entertaining room of such ordinary, and there kept until the rates are again altered.. And on failing so to do, shall forfeit and pay the sum of twenty pounds to the use of the county wherein such offence may happen; to be recovered before any justice of the peace of the said county, subject nevertheless to an appeal as other warrants. No ordinary keeper shall sell or credit liquors to any person to a greater amount than five pounds, unless the person so credited sign a book or note in the presence of one or more witnesses in acknowledgement of the said debt, under the penalty of losing the money so credited. And in any action brought for recovery of such debt, the general issue may be pleaded and the act in that case made and provided given in evidence. But nothing in the act contained shall be constru ed, deemed, or taken to prohibit or restrain any person to sell by retail brandy or other distilled spirits, the production of his own farm, by the quart or greater quantity. Every person who intends to retail spirituous liquors without applying to the court for a license to keep an ordinary house of entertainment, agreeably to the directions of the act în that case made and provided, shall annually at the time of giving in his or her list of taxable property, signify the same to the justice of the peace authorised to take such list; whose duty it shall be to report the same to the clerk of the court, designating the same. And all persons signifying that he or she intends to retail spirituous liquors by the small measure as aforesaid, shall pay the sheriff of the county wherein he or she resides, the sum of forty-eight shillings for the use of the state, for one year. Any person obtaining liberty to retail spirituous liquors as aforesaid, and shall sell to slaves without a permit from his or her owner, or shall keep a disorderly house, he or she so offending, on conviction thereof before any justice of the peace, shall forfeit and pay the sum of five pounds for each and every offence; to be recovered before a justice of the peace, One half to the use of the person suing for the same, and the other half to the use of the county where such offence was committed. Any person undertaking to sell spirituous liquors by the small measure, or by any other ways or means where the quantity is less than a quart, and receive pay for the same, not having a license or listed himself as aforesaid, shall on conviction thereof forfeit and pay forty-eight shillings for the use of the state; to be recovered before a justice of the peace and be further liable to presentment or indictment for the same offence. ORPHANS. It shall not be lawf for any house keeper to harbour and conceal, or hire any orphan child or children, without first obtaining leave of some justice of the peace, under the penalty of five pounds. And such justice on granting permission, shall compel the person requiring the same, to bring the said orphan child to the next county court; which is required to bind such orphan children agreeably to law. The above fine shall be one half to the informer, the other half to the poor of the county. The county court, where any guardian appointed by the deed or will of a parent may reside, may upon complaint to them made of such guardian abusing the trust reposed in him, by misusing the child or children so committed to his tuition as aforesaid, in being about or intending to marry such child or children in disparagement, neglecting the care of their education suitable to their estate, or wasting, converting to his sown use, or otherwise mismanaging such estate, to make and establish from time to time such rules and orders for placing such child or children under the care and tuition of any other person or persons, securing the estate, and for the bet ter education and usage of such child or children as they, in their discretion, shall judge meet and necessary. The superior and the county courts, within their respective Jurisdictions, have, and shall have full power and authority, from time to time, to take cognizance of all matters concern. ing orphans and their estates, and to appoint guardians in such cases where to them it shall appear necessary; and shall take good security of all guardians by them to be appointed for the estate of the orphans by them committed. And if any court shall commit an orphan's estate to the charge or guardianship of any person or persons without taking good and sufficient security for the same, the justice or justices appointng such guardian, shall be liable for all loss and damages sus tained by the orphan for want of such security being taken to be recovered by action at the common law, in any court of record in which the same is cognizable, at the suit of the party grieved. Where the securities were good at the time of their being taken or accepted, but afterwards become insolvent, in such case the justice or justices shall not be liable. The bond to be given by any person or persons appointed guardian as aforesaid, shall be made payable to the justice or justices present in court and granting such guardianship, the survivors or survivor of them, their executors or administra tors, in trust, for the benefit of the child or children committed to the tuition and care of such guardian; which bond such court shall cause to be acknowledged before them and recorded. And that in the name of the justice or justices to whom the said bond is made payable, the survivors or survivor of them, their executors or administrators, any person or persons injured, may and shall, at his, her, or their costs and charges, commence and prosecute a suit against such guardianand his securities, executors or administrators; and shall and may recover all damages which he, she, or they may have sustained by reason of the breach of the condition thereof. If any verdict or judgment shall pass for such guardian or his securities, the person at whose instance such suit shall be commenced or prosecuted, shall pay costs. When a guardian shall be appointed to an orphan by any superior or county court, such guardian shall, at the next court after his appointment, exhibit an account, upon oath, of all the estate of such orphan, which he or she shall have received into his or her hands or possession. And every guardian heretofore or hereafter to be by any such court appointed, shall annually exhibit his account and state of the profits and disbursements of the estate of such orphan upon oath; and such account to be exhibited, shall be entered by the clerk in particular books to be provided and kept for that purpose only. And when the said courts shall know or be informed that ány guardian or guardians by them respectively appointed, do waste or convert the money or estate of any orphan to his or their own use, or do in any manner mismanage the same, is about, or intends to marry him or her in disparagement, or neglects to educate or maintain any orphan according to his or her degree and circumstances; or where any such guardian or his securities are likely to become insolvent; such court shall have power, from time to time, to make and establish such rules and orders for the better ordering, managing, and Ff securing such estate, and for the better education of and main taining such orphans, or to appoint another guardian, as they shall think fit and convenient. be Every guardian as soon as conveniently the same may done, shall, by order of the superior or county court of pleas and quarter sessions, cause the sheriff to sell and dispose of all the goods and chattels of his or her ward as are or may be liable to perish, consume, or be the worse by using or keeping (except in the instances hereafter mentioned) for the most that can be got for the same, by public sale, having first advertised the same at all public places within the county at least twenty days before the day of sale, in reasonable lots; and shall, for enhancing the price thereof, give six months' credit, tipon good security given. For which service the sheriff shall be allowed by the court, so as such allowance does not exceed two and a half per cent. And such guardian, after the time of such payment is past, shall take and pursue all lawful ways and means to receive and recover the money, upon pain of being answerable for the same; and if the same cannot be received before the orphan entitled to receive such money shall have a right to demand it, or such guardian shall be removed from his guardianship, he or she shall and may assign such bond to such orphan; and such assignment shall discharge such guardian for so much against him, her, or them. And where the profits of any orphan's estate shall be more than sufficient to maintain and educate him or her, the guardian of such orphan shall lend the surplus and all other sums of money in his hands belonging to such orphan, upon bond, with good and sufficient securities, to be approved of by the next succeeding court, and to be repaid with interest; which interest such guardian shall account for annually. And where the person or persons to whom such money shall be lent, or their securities, are likely to become insolvent, such guardian shall use all lawful means to enforce the payment thereof, on pain of being liable for the same as aforesaid. And an assignment of such last mentioned bond, in either of the afore mentioned cases, shall discharge such guardian for so much as is specified in the condition thereof. Where any orphan shall have lands, and a sufficient number of slaves to cultivate and improve the same, such slaves, un less otherwise ordered by the superior or county courts, shall be employed on the lands and plantations of such orphan. And all horses, cattle, sheep, or hogs shall be kept upon such lands and plantations until such orphan is of age. And he 解 |