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Held to extend to bastards as well as legitimate children) within. the age of fifteen years, from the possession, and against the will of the father, mother, guardians or governors, he shall be imprisoned two years, or fined at the discretion of the Justices: and if he deflowers such maid or woman child, or without the consent of parents contracts matrimony with her, he shall be Imprisoned five years, or fined at the discretion of the Justices; and she shall forfeit all her lands to her next of kin, during the life of her said husband-4 & 5 P. & M. c. 8.- Hay. Justice.

In every case where a man being convicted of any felony, may demand the benefit of his clergy, if a woman be convicted of the same or like offence, upon her prayer to have the bene fit of this act, judgment of death shall not be given against her, but she shall suffer the same punishment as a man should suffer who has the benefit of his clergy allowed him in the like case.-1806. c. 6.

Any words spoken of women which may amount to a charge of incontinency, shall be deemed and held to be actionable, and shall subject the person using them to an action on the case

-1808. c. 13.

WOODS.

It shall not be lawful for any person whatsoever to set fire to any woods except it be his own property, and in that case it shall not be lawful to set fire to his own woods without first giving notice to all persons owning lands adjacent to such wood lands intended to be fired, at least two days before the time of setting such woods on fire, and also taking effectual care to extinguish such fire before it shall reach any vacant or patented lands, contiguous to, or adjacent to such lands so fired.

If any slave, free negro, or mulatto, or vagrant person, unable to pay the fine aforesaid, shall be convicted of setting fire to any woods, contrary to the true meaning of the act in that case made and provitled, such person, on conviction thereof, shall have and receive on his bare back thirty-nine lashes, well laid on, at the public whipping post.-1777. c. 25.

Every person offending against the above provisións, shall forfeit and pay for every such offence the sum of twenty-five pounds, to the use of the person who shall sue or prosecute for the same, and shall also be further liable to the party injur ed by such unlawful firing of the wood, for all damages that may accrue therefrom.---1782. c. 29.

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WRECKS.

After the 1st day of April next, it shall be lawful for the several county courts of Currituck, Carteret, Onslow, NewHanover and Brunswick, and they are hereby required, at their first county courts, and each and every year thereafter, to appoint two or more discreet and proper persons as commis sioners of wrecks in their respective counties, for the next en suing year, who shall severally enter into bonds, with two or more good and sufficient securities, in the court of the county where they reside, in the sum of £2000, for the faithful discharge of the duties of their office; and it shall be the duty of the clerks of the aforesaid county courts, to make out a certificate to each commissioner appointed as aforesaid.

It shall be the duty of the Commissioners appointed as aforesaid on the earliest intelligence given, or on application to them made, by or on behalf of any owner, supercargo, or com~ mander of any ship or other vessel being in danger of being stranded, to command any sheriff or constable nearest the coast where such ship or other vessel shall be in danger, to summon as many men as shall be thought necessary to the assistance of such vessel, who are to be under the direction of the mas~ teor owner; and the commissioners, and all others who shall assist in preserving any ship or other vessel in distress, of their cargoes, shall within 40 days be paid a reasonable. reward by the commander or owner of the vessel in distress, by the merchant whose vessel or goods shall be saved; and in default thereof, the vessel or goods shall remain in the custody of the commissioners or salvors, until all reasonable. charges be paid, or security given for that purpose, to the satisfaction of the parties and in case the parties shall disagree touching the amount of the reward to be paid the persons em ployed, it shall be lawful for the commander of such vesse saved, or the owner of the goods, or merchant interested, to choose one indifferent person, and also for the commissioners or salvors to nominate one other indifferent person, who shall adjust and ascertain the same, and such adjustment shall be binding on all parties, and to be recoverable, with costs, in any court of record, or any competent jurisdiction within this

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The commissioners appointed as aforesaid shall not take upon themselves any authority to advertise, or in any way to dispose of any vessel or cargo, or any part thereof, where there is an owner, supercargo, consignee or captain present, Eut in all things to aid and assist him or them, as he or they

may direct; and for such services, such commissioner or commissioners shall be allowed a reasonable compensation, over and above his salvage right, for labor done.-See Post.

If any person besides those empowered by the commissioners, or any one of them, shall enter, or endeavor to enter, on board of any vessel in distress or stranded, without the leave of the captain or owner; or in case any person shall molest them in saving the vessel or goods, or shall deface the marks of any such goods before they be taken down in a book by the commissioners, or one of them, every such person shall forfeit and pay the sum of one hundred pounds, to be recovered before any competent jurisdiction, to the use and benefit of the owner of the vessel or goods, as the case may be; and in case of failure to pay such forfeiture immediately, or give security to pay the same within twenty days, he or they shall be committed to the county jail not exceeding three months. And in case any goods shall be found upon any person that were stolen or carried off from any vessel in distress or stranded, the person upon whom such goods shall be found, shall, upon demånd, deliver the same to the owner or commissioners, or to such other person as shall be authorised by the owner or commissioners to receive such goods, or shall be liable to pay treble the value, to be recovered before any competent jurisdiction.

Should any vessel or other property be cast ashore, within the limits of any of the aforesaid counties, without any person present to claim the same as owner, the commissioners, or one of them, shall take possession thercof, and cause a true description of the marks, numbers and kinds of such goods to be advertised in one or more public gazettes, for the space of eight weeks; and if no person shall claim the same within 12 months, public sale shall be made thereof; but if perishable, the goods shall be sold after being advertised in two or more public places, not less than ten, nor more than twenty days, as circumstances may require. And after all reasonable charges deducted, the residue of the money, with an account of the whole, shall be transmitted to the clerk's office of the court of the county where such vessel may be stranded or goods saved; and the said clerk shall make a record and keep an account of the same, for the benefit of the owner, who, upon proof of his property to the satisfaction of the commissioners, together with two justices, shall, by ther warrant or order, receive the same, paying to the clerk of such court one per cent. for his trouble, but should the net amount of such sales by any commissioners as aforesaid, exceed the amount of the clerk's bond, then and in that case, it shall be the duty of the comW w

missioners aforesaid to transmit the amount to the clerk's office of the district court of the district where such vessel or goods may have been stranded, under the same regulations as if it had been put into the hands of the clerks of the county courts as aforesaid; and should no person claim the same within a year and one day from the date of the advertisement, it shall then and in that case be the duty of the clerk holding such money, to transmit the same, after deducting one per cent. for his trouble, to the public treasurer of the state, for the use

of the state.

When any person or persons shall find any stranded property on or near the sea shore, and no owner appearing to claim the same, he or they shall, as soon as possible after saving the same, give information to the nearest commissioner thereof, and to him deliver the same, for which he shall be entitled to his reasonable salvage, to be ascertained in manner before directed; and should any person finding stranded goods or other property as aforesaid, conceal the same, or convert them to his own use, or fail within ten days to give information thereof to the nearest commissioner of wrecks in his or their county, on proof thereof had, he or they shall pay to the commissioners discovering the same, double the value of such property, to be recovered before any competent jurisdiction having cognizance thereof. If any person shall embezzle or steal any stranded property, or conceal the same knowing it to have been stolen, such person or persons, upon due proof thereof, shall forfeit and pay to the owner or commissioner, double the value of the stolen goods so proved against him or them, or found in his or her possession, to be recovered before any justice of the peace, or any other competent jurisdiction; and the person or persons so feloniously taking or concealing the same, shall moreover be liable to be prosecuted on behalf of the state and suffer as in other cases of theft. Should any commissioner appointed as aforesaid, either by fraud or wilful neglect, abuse the trust so reposed in him, he shall, upon conviction thereof, forfeit and pay treble damages to the party aggrieved, to be recovered, with costs, by action on the case, in any court of record, and shall thereafter, be incapable of acting as a commissioner. And any sheriff or constable, or other persons summoned as aforesaid, refusing or neglecting to give the assistance required for the saving any vessel or her cargo, shall forfeit and pay the sum of forty shillings, to be recovered by the commissioners ordering such duty, before any justice of the peace in the county where such duty was required.

The commissioners so appointed, after the first day of April

next, before their entering into bonds, shall, in their county courts respectively, take and subscribe' to the following oath, to wit:

"I, A. B. do solemnly swear, that I will truly and faithfully discharge the duties of a Commissioner of Wrecks, in the county of bly to law, and to the best of my skill and abilities. So help me God."

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And the commissioners appointed as aforesaid, in their respective counties, where there may be any stranded or wrecked property cast ashore, or any such property coming into their hands, where there appears no owner to claim the same, such commissioner shall be allowed for his trouble a sum not exceeding five per cent. on the value or sales of such goods, in full for all service by him or them performed, and no more.Acts, 1801, c. 35.

In future, the commissioners in each of the counties in the aforesaid act mentioned, shall be deemed the proper officers to advertise and expose to sale at public auction, any cargo or cargoes which may be stranded or cast on shore in his or their respective districts, except the captain, owner, merchant or consignee shall choose to superintend such sale himself, or to remove the property without selling it. And each commis.sioner aforesaid shall provide himself with books sufficient, and shall record in them all such sales by him made, and shall deliver to the captain, owner or merchant, or other person concerned, a true account of any such sale or sales which shall have been made. And the said commissioner shall receive for such service, two and a half per cent. on the amount of all such sales.

No person who shall hold any office or deputation under the United States, shall act as a commissioner in either of said counties Acts, 1805, c. 19.

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