North Carolina Gazette

              nor t h-car olinagazette v^ol xii saturday april 15 , 797 . no 587 an act to rtmedy a rtam t:>kv?>i:rn esar'if />; undi r theprrjrtit lon'd'lmios t7hereas t sntry.takcrs'arerietre 1 v quired by law to infert he due cf the e try hi the warrant iffuetl to he claimant and .!:.■ <.'. re of the entry iocs not therefore : ppear upon 1 he grain , and it frequently hap pens chut i i ond entercr of the fame land udlttiii his grant firft and great injuitics ij iloue co the lirlt fairand honelt ptirchaie'r : for remedy whcr of i re'iterufttdky the general t>f a/femtily afthejiatt oj north.car'jma and it is hereby emitted by th authority rf the fame , 1 hut fi-o'.n and ..!.■■.■ jc ilijuj i;f march next j ; iljitli be :/,.- .: y ol ihc utry-takerto in fer th datt of : . entry in cue body of the warrant ; i :. - ivcrciary of ftateihall and he s hereby required in lii'uing grants for lur.d in ali cafe whatfoever to infert in the body u : ni.li grant the date of the eriry when futhd.ite i;au appeuroa the wafr'a)it return ed ir.tohis ofhcc a;ul ii any entry taker flialj ii'.i ivarranc cor.rrary to the directions of ..... act he iliaii toneit and j:.«y the fum of • two hundred poundsj to be recovered by ac tionofdfbr o ie dili to the perfori who fliull fueforthe cinie and the other half to the uie ur th itite face of the fame that the fjw^isuued under a duplicate warrant by vircue of this act and liable to be:ome null and voiil if at any future time it ihould appear that a grant had been obtained on the original warrant itated to have been left or destroyed as aforefaid iv and be itfurthef en'afted that in all cafes where ii mall appear by the entry taker's books that warrants hive not iltiied by the entry-taker the clerk by order of the court is hereby directed to iflue warrants in the fame manner as by thefirft feclion in this actdiieft ed to the perfon or perfons who may apply for the fame and the e'erk of the iourt lhall be entitled to demand and receive the fum of four hillings in full for all fervices in this belwlf v r . and whereas lands now in the counties of wilkes burke and buncombe were formerly liable to be entered and may have been entered with the entry takers of walh ington and greene in the ftate of tenneffee and whereas fraud may be attempted under colour of warrants from the laid cou-.uies of v ailiington and greene : p\>r prevention whereof bt it enabled iy the authority afore fsid that every perlbn c aiming lands inei therof faid counties of wilkes burke or bun combe under colour of an entry made in washington or greene lhall previous to making a furvey thereof produce to the court of the county in which the land licth a majority of the juices being prefent his warrant and make it appear by his oath and other teftinioriy where it can be procured that the purchafe money for the land claimed hath been paid to the entry-taker ; and there upon the warrant hall be cdunterfigned by the clerk and thereafter be held a good war ' rant provided nevertheless th;.t all fuch iurveys flnll be made agreeable to the locati on and provided alfo i hat any grant obtain , eddn awarrant counteriigned a aforefaid lhall be and the fame is hereby declared null and void in cafe it dial afterwards appear that a warrant had been previoufly iflued andagrant at any time obtained the eon vi and to prevent grants being iitued i^on feigned orforged v arrants bje it enabled i hat it liiall be the duty of the fecre-ary cf i ftate to ftay the iii'uingof grants on a 1 war rants returned into his office purporting to bo figned by any entry-taker of the counties of wafliington and greene whereof he may entertain any doubt of their being genuine or not actually ligncd by any of the laid en ry-tahe:s and in all fuch cales it lhall be his duty to lay fuch warrants before the next general aflembly who will take fnch order thereof as ijuftiee and the intercftof the ftate or to the prejudice of any entry of entres which w«y hive been rfnee lawfully m;ide for any of the la ; ds of the aforefaid defcripti vii i and be it further mailed that in all cales of entries made fmce thefirft day ot january i 794 , it fiull be the duty of the perfon having n.ade fuch entry tocaufe the warrant and lurvey to be returned to the fe cretary's office within twelve months after the expiration of the prefent feffion of the general aflembly ; and in all cafes of entries which may hereafter be made it hall be u i y ° f perf ° n makin g 4 " uc h entry ta have the warrant andfurvey re urnedto the secretary's office within tweive mo ths after the palling of this art or ths d to of fuchentryr and diereniainder of the purcaafe lu oney ihall in all cafes of entry iin e the riril day of firftday of january i 794 , be paid miothe public treafury within twelve mpnttuj from the expiration ofthc prefcui fciliouui the liener ailemoly ; and in all cafes of entry nad«r hereafter it lhall be paid to the public trea iurer within twelve months from the date of ' the entry after which times if thepurchafc money lhall not be paid fuit lhall be brought by the trealurer agai.ui fuch enterers • and the entry-taker's returns filed in the comp troller s office lhall bs printa facie evidence that iuch entry was made and the money un paid provided al ways that it lhall be la v lul for the enterer to make ir appear by the oatn of the furveyor of the county where the lands were entered made in open court and ceruhed by the clerk upon the warrant that no vacant land could be found or only part ot the quantity called for by laid warrant and the enterer hall then have credit to the amount thereof with the treafurer • and the laid warrant lhall be filed as a voucher m the treafury and thereupon the treafurer lhall forbear to bring fuit : and in all cafe where the treafurer lhall h ve brought fuit and inch evidence lhall beufed upon die trial the defendant lhall pay cofts although there may be no recovery for the ftate ix and to the end that the names of the enterers of land in the feveral counties within this hate lince the 8th day of february 1795 may be known beitenailej by the authority aforefaid that the entry-takers yf the refpeftive counties lhall within twelve months after fhe expiration ot the prefti t i'dlion of the general altcmbly furnim rj i treafurer with a complete return on pai h ot all the entries made in their relpecbive o f ikes fince the 5th day of february i 7 7 either with therofelyes or their prede'coftov in office as lhall appear from the books iij vneir nollelhon : for which fervice they hall recei an adequate reward tobefi^ed by the trea furer and comptroller and to be paid out of the treafnry on the delivery of fuch return • and annually hereafter they fhall make return oj all lands entered with them as a part of their official duty for which they lhall daim no reward and in cafe of the refulbl of fail lire of any cutry-uker to furnim returns as by this ad required he or they l 0 refuonjr or failing lhall forfeit and pay the fum of one hundred pounds to be recovered o n motion in any court having cognizance thereof on the certificate ofthc irealurer that fuch fail urehath happened x and to remedy the neglects and abufes of furveyors in certain inftances : be it alfo entiled 1 hnt from and after the palling of this act whenever a warrant of lurvey lhall come to any furveyor in this ftate he mall as ufual proceed to furvey the fame and llmll within thirty days after fuch furvey is made deliver to the perfon or perfons for whom the survey was intr.ic upon h-b or their ap plication and upon his fees being paid jh e warrant together with two juft and far pl at6 of fuch lurvey under the penalty of twenty pound for each failure to be recovered h-j ii vv iiereas difficulties have arifen in ob taining grants under the operation of the fixth ie-.li n of an aft palted it the lalt gene rai ait mb'y en uleti " an act to amend an a.i entitled an act to prevent the ifl'uiug of grants tor landsentered with any oi the entry lake/s in the uate inctrtain cafes ; and topre v u lie iflu ag war-ants ot l'ui vey in manner ai ddcribed where the original enterer is de u or rcmo ed o that the oath required by iaid act ta.uiot be made beit further en ed t . hut in all cafes where the original enitrcr is dead or where ihn claimant may r ■■■ by a ugn neut f -. . removed out 01 uk nate ic hudl and may be lawful upon fuch dainiai.t filing an affidavit tothat effect in the iccretary'ti office lor the fecretary of itate 10 ilfae gi a kb upon warrants fo return ed for all entries made previous to the firft d oi j muar i 794 l-'rovided the war rant torreipoiids iuliideiul with the tranf cript returned under tne laid act to the l'ecre tin '^ ojiici by the dt rks of the count v courts l'rovided allb i'hat grants may iflim lopef fons claiming luidt entered i.i the counties o guili'brdand l v hj run previous to the year 1783 alchouoii there may be no tranftript with which the warrants may or can be com pared iii and whereas warrants have in fome inltancts been loft that have ilfued upon en tries iiuide on the books no v in noil liion of the clerks of the county courts and j:!ilts ncvei li (!, o hat titles cannot be perfect ed to the lauds ib cjaimeti for remedy where of licit further enacltd that it ftiall and uv.w be lawful for any perfon claiming lands u ider iuchcircumftances tt :;■. ike application to : he court of the county in w hole offieefuch books are lodged for ale ond warrant ami :: it iii.ll be mad appear tothefatisfaftion of 1'uch cou;*t by theintpeetiou of the books that <''"'' *■ -■■ md that thipartyhad ■ 1 • icawai rant and it hall alio be made appear by hcoath of a fmveyor or i'oii'e c ed-blewitnefs thailuc'n v rant has been inlt or deltroyed then it liijll b thj du-yofthe court to order the r to iliue a fecoiid warrant of the fame il 101 and dat ■■ tlie one fo loft or delt oyed fttiting in the body thereof th it the fame is a i ! ; cyc ; which warrant hall ill'ue under t:ie ealcit 1 co in of the county and the fame l!<all be 1 valid as '■■ iihied by the entry :•. nd lie l'urveyor making return ot 1'1-it.i ■ .: : • jys under an.li duplicates it 1 . ill be his du v iv note the the fameparticu laiiytherei andihe fecretary iiibing any grunt or gr«i •. ■•.; • on al citc in the may require vii and whereas by the faid ac'r lands entered and not paid for in a certain tiin therein limited revert a^ain to the ftate aud mny again be entered by any perfon on pro curing the certificate therein prefcribed from the treafurer and it has happened i<i divers inftances from a want of a general publicati on of faid law in 1 ue to enable the citizens to provide for the payment of their lands the claims of many perfons have lapfed and become void : for remedy whereof be it enabled that all entries of claims for lands which have been made in any of the counties of this ftate after the 8th clay of febma y 1 795 and for v hich the purchafe money hath not been reretofore paid to the ftate may yet be paid for at any time during the prefent fcihon of the general aflembly or within twelve months after the riling of the f me : and the public treafurer lhall be and hereby ir required to receive the purchafe money for all fuch entries as aforefaid and to grant re ceipts for the fame in like manner as he would have done had fuch entries never lapied or become roid under tiie operation of the act aforeiaid provided thatno receipt of the of the purchnie money fliall operate in bar of