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FRtR > Documents > The North Carolina Biennal Act, 1715
The North Carolina Biennal Act (1715)
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- Whereas His Excellency the Palatine and
the rest of the true and Absolute Lord's Proprietors of Carolina, having duely
considered the priviledges and immunities wherewith the Kingdom of Great
Brittain is endued and being desirous that this their province may have such
as may thereby enlarge the Settlement and that the frequent sitting of
Assembly is a principal, safeguard of their People's priviledges, have
thought fit to enact. And Be It Therefore Enacted by the said Pallatine and
Lords Pro prietors by and with the advice and consent of this present Grand
Assembly now met at Little River for the North East part of the said
province:
- And it is Hereby Enacted that for the due election
and Constituting of Members of the Biennial and other Assemblys it shall be
lawfull for the Freemen of the re spective precincts of the County of
Albemarle to meet the first Tuesday in September every two years in the places
hereafter mentioned....
- And Be It Further Enacted that it is
and may be lawfull for the inhabitants and freemen in each Precinct in every
other County or Counties that now is or shall be hereafter erected in this
Government aforesaid to meet as aforesaid at such place as shall be judged
most convenienient by the Marshall of such county, unless he be otherwise
ordered by the special commands of the Governor or Com mander in Chief to
choose two freeholders out of every precinct in the county aforesaid to sit
and vote in the said Assembly.
- And Be It Further Enacted that
the Burgesses so chosen in each precinct for the Biennial Assembly shall meet
and sitt the first Monday in November then next fol lowing, every two years,
at the same place the Assembly last satt except the Pallatines Court shall by
their procla mation published Twenty days before the said meeting ap point
some other place and there with the consent and con currence of the Pallatine
Court shall make and ordain such Laws as shall be thought most necessary for
the Good of this Government. Provided allways and neverthe less that the
Powers granted to the Lord's Proprietors from the Crown of Calling, proroguing
and dissolving Assemblys are not hereby meant or intended to be invaded,
limited or restrained.
- And It Is Hereby Further Enacted by the
Authority aforesaid that no person whatsoever Inhabitant of this Government
born out of the allegiance of His Majesty and not made free; no Negroes,
Mulattoes, Mustees or Indians shall be capable of voting for Members of
Assembly; and that no other person shall be allowed or admitted to vote for Members
of Assembly in this Government un less he be of the Age of one and twenty
years and has been one full year in the Government and has paid one year's
levy preceding the Election.
- And Be It Further Enacted that all
persons offer ing to vote for Members of Assembly shall bring a list to the
Marshall or Deputy taking the Pole containing the names of the persons he
votes for and shall subscribe his own name or cause the same to be done: And
if any such person or persons shall be suspected either by the Marshall or any
of the candidates not to be qualified according to the true intent and meaning
of this Act, then the Marshall Deputy Marshall, or other Officer that shall be
appointed to take and receive such votes and listshall have power to
administer an oath or attestation to every such suspected person of his
qualification and ability to choose Members of Assembly and whether he has not
before given in his list at that Election.
- And Be It Further
Enacted that Every Officer or Marshall which shall admit of or take the vote
of any per son not truly qualified according to the purport and mean ing of
this Act (provided the objection be made by any candidate or Inspector) or
shall make undue return of any person for Member of Assembly shall forfeit for
such vote taken, so admitted and for such Return Twenty pounds to be employed
for and towards the building of any Court House, Church or Chapel as the
Governor for the time being shall think fitt; but if no such building require
it then to the Lord's Proprietors and Twenty Pounds to each person which of
right and majority of votes ought to have been returned: to be recovered by
Action of Debt, Bill, Plaint or Information in any Court of Record in this
Government wherein no Essoign Wager of Law or Pro tection shall be allowed or
admitted.
- And Be It Further Enacted that every Marshall or
Officer whose business and duty it is to make returns of Elections of Members
of Assembly, shall attend the Assem bly the first Three days of their sitting
(unless he have leave of Assembly to depart) to inform the Assembly of all
matters and disputes as shall arise about Elections and shall show to the
Assembly the List of the Votes for every person returned and have made
complaints of false returns to the Assembly; every Marshall or other Officer
as aforesaid which shall deny or refuse to attend as aforesaid shall forfeit
the sum of Twenty pounds to be recovered and disposed of in such manner and
form as the Forfeitures before by this Act appointed.
- And Be
It Further Enacted that whatsoever Member or Representative so elected as
aforesaid shall faile in making his personal appearance and giving his
attendance at the Assembly precisely on the day limited by the Writt (or on
the day appointed for the meeting of the Biennial Assembly, when the election
is for the Biennial Assembly) shall be fined for every day's absence during
the sitting of the Assembly (unless by disability or other impediment to be
allowed by the Assembly) Twenty Shillings to be levied by a Warrant from the
Speaker and to be applied to such uses as the Lower House of Assembly shall
think fitt
- And Be It Further Enacted that every member of
Assembly that shall be elected as aforesaid after the Ratifying of this Act
shall not be qualified to sitt as a Member in the House of Burgesses before he
shall willingly take the Oath of Allegiance and Supremacy the Adjuration Oath
and all such other Oathes as shall be ordered and directed to be taken by the
Members of Parliament in Great Britain.
- And Be It Further
Enacted that the quorum of the House of Burgesses for voting and passing of
Bills shall not be less than one full half of the House and that no Bills
shall be signed and Ratified except there be present Eight of the Members
whereof the Speaker to be one. And in case that eight Members shall meet at
any Assembly those eight shall have full power to adjourn from day to day till
a sufficient number can assemble to transact the Business of the
Government.
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