Dobbs-Lenoir County NcArchives Court.....Hill, Tower 1758 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Guy Potts http://www.genrecords.net/emailregistry/vols/00017.html#0004214 March 20, 2009, 7:50 am Source: Colonial Records Written: 1758 Acts of the North Carolina General Assembly, 1758 November 23, 1758 - December 23, 1758 Volume 25, Pages 370 - 390 CHAPTER III. An Act for erecting a City on Neuse River, upon the Plantation called Tower- Hill, fixing the Seat of Government therein, and building a Governor's House, and public Offices in the same. I. Whereas, it is absolutely necessary, that the Seat of Government should be fixed; and a House, and Offices, for the Reception and Residence of the Governor or Commander in Chief for the Time being; a House for the convenient sitting and holding of Assemblies; and an Office for the Secretary of this Province, be erected with all possible Expedition, at a proper healthy Place, as central as may be to the Inhabitants of this Government. II. And forasmuch as the Plantation commonly called Tower-Hill, situate on the North Side of Neuse River, in Dobbs County, hath been found to be healthy and agreeable, having the natural Advantage of a pleasant temperate Air, high and dry-Land and wholesome Spring: III. Be it therefore Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That the aforesaid Plantation, called Tower-Hill, now being in the Seizin and Possession of his Excellency Arthur Dobbs, Esquire, Governor and Commander in Chief of this Province, and containing Eight Hundred and Fifty Acres of Land shall be, and is hereby reserved and appropriated, for the only sole Use of a City, to be built thereon, and are common thereto; and to no other Use, Intent or Purpose whatsoever. IV. And be it further Enacted, by the Authority aforesaid, That the said City, when built, and a Governor's House, and Offices, a House for holding Assemblies, and a Secretary's Office, are erected therein, according to the Directions of this Act, shall be, and is hereby declared and established the Seat of Government, for the Province of North Carolina. That the General Assemblies, Courts of Chancery, Courts of Claims, Secretary's Office, and Clerk of the Chancery's Office, may, from Time to Time, be held and kept in the said City; and all Business incident to the Assemblies, and the said Courts, and Matters appertaining to the said Offices, be there done and transacted: Any Law, Usage, or Custom to the contrary, notwithstanding. V. And be it further Enacted, by the Authority aforesaid, That Four Hundred Acres of the aforesaid Plantation of Eight Hundred and Fifty Acres of Land, shall be, and is hereby appointed and set apart to build thereon the said City; which shall be called, and known by the Name of, George City; and the residue thereof shall be and remain for a Common thereto. VI. Provided nevertheless, That the Committee herein after mentioned, or any Five of them, shall and may and are hereby required, to allot and lay off, Twenty Five Acres of that Part of the said Eight Hundred and Fifty Acres which shall be set apart for a Common to the said City, for the Use of the Governor or Commander in Chief for the Time being, to be by him held and enjoyed, in Severalty, from the rest of the said Common, for a Pasture; and to and for no other Use or Purpose whatsoever; Anything herein contained to the contrary notwithstanding. VII. And be it further Enacted, by the Authority aforesaid, That Eight Acres, Part of the aforesaid Four Hundred Acres, which shall be agreed upon by the Committee herein after appointed, or any Five of them, be appropriated to the Use of building thereon a Dwelling-House, and Offices, for the Governor or Commander-in-Chief for the Time being; and two Acres, other Part thereof, be appointed in Manner aforesaid, for a Church to be built on, and Church Yard; and three Acres, another Part of the same, be, in like Manner, appointed to erect a House on for the Assemblies, to be held and kept in, and Secretary's Office: And that the said Buildings for holding Assemblies, shall be for ever called, and known by the Name of, the State-House of North Carolina. VIII. And be it further Enacted, by the Authority aforesaid, and it is hereby Enacted, That the said Buildings shall be erected and built in Manner and Form, and according to the Rules and Dimensions following, to-wit: A Dwelling- House for the Governor or Commander in Chief, Two Story high, Three Bricks thick to the Water-table, and from the Water-Table to the Top of the first Story, two and a half Bricks Thick, and from thence to the Top of the second Story, two Bricks thick; the Length of the said House to be Fifty Feet from Outside to Outside, and the Breadth thereof Forty-five Feet from Outside to Outside; and the first Story shall be Twelve and a half Feet Pitch in the Clear, and the Second Story Ten Feet Pitch in the Clear; The Passage, and two rooms below Stairs, to be neatly Wainscotted, Three Feet and a half high, and the other Parts of them plaistered and whitewashed, and the other below Stairs plaistered and whitewashed, and ornamented with Paper; and the rooms above Stairs plaistered and whitewashed; a Passage in the Middle of the House Fourteen Feet wide in the Clear, and a large neat Stair-Case; The said House to have four Chimneys, and the Roof to be a hipped roof and flat; the Windows in both stories to be Sash Windows; a Cellar, the whole Length of the House, under two Rooms thereof: An Office of Brick, Forty Four Feet in Length, and Twenty Four Feet in Breadth, from Outside to Outside, with one Chimney, and fitted in the Inside in a suitable Manner for a Kitchen: A Stable of Brick, of the same Dimensions as the Kitchen,, Part whereof for a Coach Room, and the rest fitted in the Inside with Stalls and proper Conveniences; which said Kitchen shall be placed at Thirty Feet Distance from one Corner of the Front of the said Dwelling-House, and the Stable at the same Distance from the other Corner of the Front of the said House; and a Colonade of Eight Feet wide from Outside to Outside, from each of the said Corners to the said Buildings respectively; and the said Buildings respectively shingled with good Cypress Shingles. A State-House of Two Story high, the Foundation of which shall be Three Bricks thick to the Water-table, and from the Water-table to the Top of the first Story Two and a half Bricks thick, and from thence to the Top of the Second Story Two Bricks thick; the Length of the said Building to be Seventy Feet, and the Breadth thereof Twenty-Six Feet from Inside to Inside, the first Story to be Twelve and a half Feet Pitch, and the Second Story Ten Feet Pitch in the Clear, and neatly plaistered and white-washed; and Forty Feet in the Clear in one End of the lower Story of the said Building shall be parted from the rest by a Wall, and the Inside thereof fitted and properly decorated for holding Assemblies; and Fourteen Feet adjoining the said Partition Wall shall be a Passage or Lobby; and the other Part of the Building divided into Two Divisions, whereof one to be for a large and handsome Stair-Case, and the other for an Office for the Clerk of the Assembly, for depositing in and safe- keeping the Rolls and Papers relating to the said office: And Forty Feet in the Clear in one End of the upper Story of the said Building shall be parted from the rest by a Wall, for holding Councils, a Court of Chancery, and a Court of Claims; and Fourteen Feet adjoining shall be for a Passage, and the other End, except so much as is necessary for a Stair-Case, shall be for an Office for the Clerk of the Council, and Clerk of the Court of Chancery; and that the Roof shall be a hipped Roof, and flat, and shingled with Cypress Heart Shingles, and the Windows to each Story of the Building, shall be Sash Windows: The lower Part of the said Building shall be, and is hereby appropriated to the Use of the Assembly of North Carolina, for the holding and Keeping Assemblies, and the Office thereto belonging; and the upper Part of the said Building shall be, and is hereby appropriated to the Use of the Governor or Commander in Chief for the Time being, and Council of this Province, for holding Councils, a Court of Chancery, and Court of Claims, and the several Offices to the said Council and Court of Chancery belonging; and to no other Uses, Intent or Purpose. An office for the Secretary, of Brick, with Walls of the same Dimensions as the lower Story of the State-House; the Length whereof to be Forty Two Feet, and the Breadth Twenty Feet, from Outside to Outside, and the Pitch Twelve and a half Feet, and plaistered and whitewashed; a Partition in the Middle, and an Inside Chimney in one End of the said Building, The Floor to be Paved with Flag Stones or Bricks; the Roof to be a hipped Roof, and the Windows Sash Windows; the Steps to the Governor's House, State-House, and Secretary's Office, to be Semi-circular, and of Flag Stone or Brick. IX. And be it further Enacted, by the Authority aforesaid, That the Honorable John Dawson, Lewis DeRossett, and Richard Spaight, Esquires; and John Starkey, John Ashe, John Fonville, Joseph Bryan, John Campbell, and Benjamin Wynns, Esqrs., shall be, and are hereby appointed, a Committee to inspect and oversee the said Buildings, until they shall be finished; and they, or any Five of them, are hereby authorized, impowered and required, to covenant and agree with such and so many Undertakers, Workmen and Overseers, of the said Buildings as they shall think fit; and to give such necessary Orders and Directions therein, from Time to Time, as they shall see Cause, for the carrying on, furtherance, and finishing the said Buildings, respectively, according to the aforesaid Rules and Dimensions: And that the said Committee, or any Five of them, be likewise authorized and impowered, by Virtue of this Act, on the Public Account and Risque, to send for, out of England, or Elsewhere, Hinges, Nails, Glass, Paint, Stone, and such other Materials as they shall think necessary, for carrying on and finishing the said Buildings. X. And be it further Enacted, by the Authority aforesaid, That the said Committee, or any Five of them, as often as they shall have Occasion for Money for the Uses aforesaid, shall, from Time to Time, apply themselves to the Governor or Commander in Chief for the Time being, to issue his Warrant to one or both of the Treasurers of this Province, requiring him or them to pay so much Money as they shall have Occasion for, not exceeding the Sum of Six Thousand Pounds, Proclamation Money, who is and are hereby impowered and required, to pay the same to the said Committee upon such Warrant; which said Sum or Sums the said Committee shall account for to the General Assembly. XI. And be it further Enacted, by the Authority aforesaid, That the aforesaid Committee, or any Five of them, shall and may, and are hereby required, after setting apart Eight Acres for building a Governor's House, and Offices thereon, Three Acres for a State-House, and Secretary's Office; and Two Acres for a Church and Church-Yard, and Two Acres for a Market Place; lay out, and proportion, into Streets, Lanes, Allies, and half Acres, the Residue of the aforesaid Four Hundred Acres of the said Plantation called Tower-Hill, by Virtue of this Act set apart for the Use of the said City of George; every half Acre of which shall be a distinct Lot of Ground, to build upon in Manner and Form herein after expressed; that is to say, Whatever House is to be built on the Main Street of the said City, the Front thereof shall come within Ten Feet of the Street, and not nearer; and the Houses in the several Lots on the Main street shall front alike: Which said Street shall be called and known by the Name of King Street; and the other Streets and Lanes named by, and built on, according to such Rules and Orders as shall be given and made by the aforesaid Committee or any Five of them. XII. And be it further Enacted, by the Authority aforesaid, That the aforesaid Committee shall be vested with, and seized of, and in a pure, absolute, perfect, indefeasible Estate of Inheritance, in Fee, of, in, and to the said Plantation and Eight Hundred and Fifty Acres of Land, called Tower-Hill, in special Trust and Confidence, to and for the Uses, Intents and Purposes of this Act, and to and for no other Use, Intent or Purpose whatsoever: And the said Committee or any Five of them, shall and may convey unto any Person or Persons purchasing the same, at the Costs and Charges of such Person and Persons, one or more half Acre or half Acres of the aforesaid Four Hundred Acres hereby appropriated for the Building the said City on, by good and sufficient Deed and Assurance in the Law, (for which Deed the said Committee shall not charge more than Five Shillings, Proclamation Money), unto such Person or Persons, his, her, or their Heirs and Assigns forever; and every Person and Persons claiming any Lot or Lots in the said City by Virtue of any such Conveyance, and conforming him, her, or themselves, to the Terms and Conditions by this Act prescribed, shall and may hold and enjoy the same in Fee-simple. XIII. Provided neverthelss, That every Grantee of any Lot or Lots in the said City, conveyed in Manner aforesaid, shall within Five Years next after the Date of the Conveyance for the same, erect, build, and finish on each Lot so conveyed, one Stone, Brick or well framed House, Thirty Feet long, and Eighteen Feet wide at the least, and Twelve and a half Feet Pitch at least, if such Lot or Lots be on the Main Street; and Twenty Feet long and Sixteen wide at the least, and Ten Feet Pitch at the least, if such Lot or Lots be on any other Street, or a House or Houses proportionable to such Dimensions, if such Grantee shall have two or more Lots contiguous; And if the Owner of any Lot shall fail to pursue and comply with the Directions of this Act, for building or finishing a House or Houses thereon, then such Lot, upon which such House or Houses shall not be built and finished within the Term aforesaid, shall be revested in the said Committee; and the said Committee or any Five of them, may, and are hereby authorized and impowered, to sell such Lot for the best Price that can be got, to any Person applying for the same, in such Manner, and under such Restrictions, as they could or might have done if such Lot had not been before granted. XIV. And be it further Enacted, by the Authority aforesaid, That the said Committee, or any Five of Them, after laying out the aforesaid Four Hundred Acres of Land, in Manner herein before mentioned, shall make a fair Plan of the Streets, Lanes, Allies and Lots in the said City, and therein insert a Mark and Number to each Lot; and the said Committee, or any Five of them, shall have full Power and Authority to meet as they shall think necessary, and to establish Rules and Orders for the more regular placing and building Houses in the said City, and repairing and amending the Streets thereof, and removing all Nuisances happening in the same; And if the Inhabitants of the said City shall refuse, fail or obey or pursue such Rules and Orders, shall be liable to the same Penalties as are inflicted for not repairing the High Ways in the said County of Dobbs which shall and may be recovered before any Justice of the Peace. XV. And whereas, enabling the said Committee to take Subscriptions for the Lots in the said City, may promote a speedy Sale thereof; Be it therefore Enacted, by the Authority aforesaid, That the said Committee, or any Five of them, may, and are hereby authorized and impowered, to receive and take Subscriptions for Lots in the said City; and the said Committee, or any Five of Them, within One Month after they shall have laid off the said City in Manner herein before directed, and taken Subscriptions for Two Hundred Lots therein, at least, shall appoint a Time, and give Public Notice thereof, for meeting the Subscribers for the said Lots, on the said Land, for determining the Property of each particular Lot; which shall be done by ballot, in a fair Manner, by the Directions of, and in Presence of Five of the said Committee at least; and each Subscriber shall be intitled to the Lot which shall happen to be drawn for him, and correspond with the Number contained in the Plan of the said City. XVI. And be it further Enacted, by the Authority aforesaid, That every Grantee of any Lot or Lots in the said City, within One Month after the said Committee, or any Five of them, shall have conveyed the same to him, shall pay to the said Committee, or some or one of them, the Sum of Thirty Shillings, Proclamation Money, for each Lot so conveyed to him; and in Case of the Refusal or Neglect of any Grantee to make such Payment, the said Committee shall and may commence and prosecute a Suit in their own Name for the same, and therein shall recover Judgment with Interest, and Costs of Suit. XVII. And be it further Enacted, by the Authority aforesaid, That there shall be paid and satisfied, out of the Public Treasury, to his Excellency Arthur Dobbs, Esq., Governor of this Province, for the aforesaid Plantation called Tower Hill, and Eight Hundred and Fifty Acres of Land, the Sum of Four Hundred and Fifty Pounds, Proclamation Money, being the Original Price of the said Land, in full Satisfaction for his Right, Interest and Estate therein; And also, that the aforesaid Committee, as often as required, shall render an Account to the General Assembly, of the Profits and Produce of the several half Acres or Lots of Land by them sold in Manner aforesaid, and after allowing the said Committee for their Expences in executing the Trust by this Act reposed in them, and for their Service therein, the Residue shall be disposed of towards re-imbursing the Public the first Purchase of the said Land. XVIII. And be it further Enacted, That the said Committee shall keep a Register of all their Proceedings, in Discharge of the respective Trusts by this Act vested in them; and, as often as required; lay the same before the General Assembly for their Inspection. XIX. And be it further Enacted, That in Case of the Death, Refusal to Act, or Removal out of the Country, of any of the said Committee, the surviving or remaining Members of the Committee, shall, from Time to Time elect and chuse some other Person, being a Freeholder of the said City, in the Place of him so dying, refusing to act, or removing out of the Country; who shall be, to all Intents and Purposes, vested with the same Power and Authority, as any other Member of the said Committee in this Act nominated and appointed. XX. Provided nevertheless, That the aforesaid Committee shall not proceed to design, lay out, and build the said City, or to contract or agree for the erecting therein a Governor's House, and Offices, State-House, or Secretary's Office, or either of them, until they shall have received certain Advice, that the Proportion of the Sum of Fifty Thousand Pounds, Sterling, granted by the Parliament of Great Britain, to North and South Carolinas, and Virginia, towards re-imbursing a Part of the Expences the said Governments have been at, in defending the Rights and Possessions of the Crown in North-America, is paid, or secured to be paid, to the Agent of this Province: Any Thing herein contained to the contrary notwithstanding. File at: http://files.usgwarchives.net/nc/dobbs/court/hill944wl.txt This file has been created by a form at http://www.poppet.org/ncfiles/ File size: 19.9 Kb