An Act to Prevent the Several Species of Hunting Therein Mentioned, ch. 33, §§ 1–6, N.C. GEN. STAT. (Hodge & Wills 1791) (Law Passed 1784).
"CHAP. XXXIII.
An act to precent the several species of hunting therein mentioned.
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 if any person or persons shall be discovered hunting in the woods with a gun in the night-time by fire-light, such person or persons so offending shall upon conviction by indictment or presentment in any court of record in the state be fined by such court twenty pounds current money, to be applied to the use of the county wherein the offence was committed; and if any person so fined shall fail or refuse to pay such fine, the person so failing or refusing shall receive thirty-nine lashes on his bare back by order of such court, to be well laid on in open view by the sheriff of the county, and shall stand committed until all costs accruing upon the presentment be paid.
II. AND WHEREAS many persons make a practice of hunting and killing deer and leaving the carcasses[1] in in the woods, Be it enacted, That if any person shall be convicted as aforesaid of killing any deer and leaving the carcasses[2] thereof in the woods, he shall for every offence forfeit and pay the sum of twenty shillings.
III. AND be it further enacted by the authority aforesaid, That if any slave or slaves shall be discovered hunting in manner herein before-mentioned, the master of such slave or slaves, or the person in whose service he or they may be, shall upon due conviction of such slave or slaves before any justice of the peace of the county wherein such offence may be committed forfeit the sum of five pounds, to be levied by a warrant immediately to be issued by such justice for that purpose; and if any person shall be duly convicted as aforesaid of sending his slave to hunt with a gun in the night by fire-light he shall be subject to the same pains as are provided by this act to be inflicted on fire-hunters.
IV. AND be it further enacted by the authority aforesaid, That it shall not be lawful for any person on the east-side of the Appalachian[3] mountains to kill or destroy any deer running wild in the woods or unfenced grounds in this state by gun or otherwise, between the twentieth day of February and the fifteenth day of August then next succeeding in each year, unless on his own lands; and if any person on the east-side of the said mountains shall kill or otherwise[4] destroy any deer within the time before described and contrary to the meaning and intent of this act, every such person shall forfeit and pay for each and every deer so unlawfully killed or destroyed the sum of forty shillings, to be recovered before any justice of the peace, and applied as is by this act directed: And in case any servant or slave shall on the east-side of the said mountains kill or destroy any deer between the twentieth day of February and the fifteenth day of August in any year, the owner of such slave shall be liable to pay the sum of forty shillings for each deer so unlawfully killed or destroyed to be recovered and applied as before directed.
V. AND be it further enacted by the authority aforesaid, That it shall not be lawful for any person or persons on the east-side of the Appalachian[5] mountains to hunt with a gun or with dogs on the lands of any other person without leave obtained from the owner of the said land, under the penalty of forfeiting five pounds for every offence, to be recovered by the owner before any justice of the peace of the county where such offence is committed or the offender resides, and applied one-half to his own use, the other half to the use of the county: Provided, That no such recovery shall be had for the offence afore-mentioned unless the owner of the land shall by advertisement posted up in two or more public places have forbid the persons so hunting by name, or all persons generally to hunt on his land previous to the offence: Provided also, That recovery shall not be had in any case whatever unless the prosecution is commenced within one month after the offence is committed.
VI. AND be it further enacted by the authority aforesaid, That so much of the laws heretofore made, which relates to fire-hunting and destroying deer at unreasonable times of the year as comes within the purview of this act be, and is hereby repealed and made void to all intents and purposes, and construed as if the same had never been made."
Acts of Assembly of the State of North-Carolina, at a General Assembly Begun and Held at Hillsborough, on the Nineteenth Day of April, in the Year of Our Lord One Thousand Seven Hundred and Eighty Four, and in the Eighth Year of the Independence of the Said State: Being the First Session of This Assembly (Halifax, NC: Thomas Davis, n.d.), 57–58. Chapter 33—An Act to Prevent the Several Species of Hunting Therein Mentioned, §§ 1–6. Passed April 1784.
James Iredell, ed., Laws of the State of North-Carolina, Published, According to Act of Assembly, by James Iredell, Now One of the Associate Justices of the Supreme Court of the United States (Edenton, NC: Hodge & Wills, 1791), 507–8. Chapter 33—An Act to Prevent the Several Species of Hunting Therein Mentioned, §§ 1–6. Passed April 1784.
Original source document from LLMC: https://llmc.com/docDisplay5.aspx?set=99917&volume=1784&part=040
Reproduced with permission from Gale Primary Sources. For more information please visit https://www.gale.com/primary-sources.*
* Two original source documents are cited here because the second source has complete bibliographic information available, while the first source is an original copy of the session law.