Page 54 |
Previous | 54 of 606 | Next |
|
small (250x250 max)
medium (500x500 max)
Large
Extra Large
large ( > 500x500)
Full Resolution
All (PDF)
|
This page
All
|
32 LAWS of North-Carolina.
J. D. 1723.
To be entered on
Record the ntxC
Court,
Peifons failing
their Duty, liable
to th; b.foic
rientioned I'tn-l.
snds have b^cn
twice pr.)cefli n-cd,
deeined fole
Own.rs.
Kot to bar Per.
Sons unler As^c,
feme Coverti,
&e.
Ptr'or.s {iTtit-on-in;
to lapfe Lands
belonging to Or-phins,
to g;ve
the Guardian 30
Djvs No'ice ; &
if he refills to
take it up for
thi; Orphan, le
fliall be remoMed
from his Gaar-dbndi-
p by the
Governor, and
liable fo. all Da-mages
to the Or-phan.
to command the Surveyor-General, or his Deputy, attended widi four reputable
Freeholders, who fhall be i»::^ninated and appointed by the faid Court for that Pur-pofe,
and fworn, to lay out the Bounds of the faid Lands, to the bed of their
Judgment and Underftanding ; and according as it fhall appear to them by Deeds,
Writings^ or other Evidences, they fhall proceed to fettle the Bounds of the faid
l^ands, at the proper Coils and Charges of the Pcrfon refufing to have the faid
Bounds laid out •, and the faid Surveyor General, or his Deputy, iliall return the
Survey thereof, with the Proceedings thereon, to the next Precinct Court, thei-e
to be recorded, by the Clerk of the laid Court, in a Book for that Purpofe ; which
Bounds and Survey made in Manner aforefaid, fhall be taken and deemed a fuffici-ent
proceTicning, as if the fame had been dene by the Confent of the Party : And
if any of the faid Juftices, or the Surveyor, Clerk, or Freeholders, not having a
lawful Excufe, fliall fail in his or their Duty, as by this Act is enjoined and directed,
he or they fo failing, fhall forfeit and pay the fame Penalties as before in this Act is
laid on the faid Juftices, Church-Wardens, Vcftry, and ProcefHoners, faiUng in
their Duty ; to be recovered in like Manner, and to the faiTiC IJfes.
VI. AND he it further Enacted, by the Authcrity aforefaid. That all and every
Perfon v/hofe Lands fliall be proceflloned to him, according to the Directions of this
Act, at two feveral Lim.es, iuch Perfon fhall be deemed and adjudged to be the fole
Owner of the faid Lands \ and that upon any Suit commenced for any fuch Lands,
the Party in PolTeflion may plead the General Iflue, and give this Act in Evide.ice.
VII. PRO FID E D always. That the prccefTioning of the Lands of a Tenant:
for Life, fliall not bar or preclude the Heir in Reverfion or Remainder ; neither
fhall any procelTioning bar or preclude Perfons under Age, Feme Coverts, ncn
compos Mentis, imprifoned, or out of the Government : But that all fuch Perfon or
Perfons fhall have free Liberty to fue for, and difpute the Title and Bounds of any
Lands within this Province ; provided that the faid Perfon or Perfons commence
Suit, and profecute the fame, within the Time already limited by the Laws of this
Government, after the Removal of fuch Difability.
VIII. AND whereas lapfe Patents are accuftomed to be granted to the iirft
Petitioners for all fuch Lands which are not feated and planted according to the Con-dition
or Provifion mentioned in the refpective Patents, which has often proved to
be the Ruin of Orphan Children (whofe Parents have died, leaving Lands unfeated)
by Neglect of Guardians and Truftees, in not fettling and fecuring the fame in due
Time : For Prevention whereof for the future. Be it Ena^Jcd, by the Authcrity afcre-faid.
That whofoever, for the future, fhall petition for the lapling of any Land be-longing
to any Orphan or Orphans, fuch Perfon fo petitioning fhall, and he is hereby
required and commanded, to give, at leafl, Thirty Days Notice of fuch Petition's
being lodged, to the Guardian or Truftee of fuch Orphan, before the next Council
after the Petition is lodged ; and in Cafe the faid Guardian or Truflce, after fuch
Notice given, fliall refufe and neglect to appear at the faid Council, and there take
out a Patent for the faid Land, in the Name of, and to the Ufe of fuch Orphan or
Orphans (who fhall, de future, have the Preference in lapfing fuch Lands as are
hereditary to him or her) fuch Guardian or Truflee fhall be removed by the Gover-nour
and Council, or Precinct Court, from his Guardianfhip, and fhall be fubject
to the Suit of the Orphan, and to anfwer all Damages which the Orphan fhall fuf-tain
by Reafon of his Neglect.
Pfcamblc,
CHAP. V.
An Aci, for tin additional Tax on allfree Negroes^ Mulattoes^ Miiflees, and fuch Per-fons,
Male and Female, as now are, or hereafter fhall be, intermarried is^ith any fuch
Perfons, refident in this Government.
I, TITTHEREAS Complaints have been made by divers Freeholders, and
Y V other Inhabitants of this Goverment, of great Numbers of free Negroes,
Mulattoes, and other Perfoas of mixt Blood, that have lately removed themfelves
into
Object Description
Description
| Title | Page 54 |
| Full Text | 32 LAWS of North-Carolina. J. D. 1723. To be entered on Record the ntxC Court, Peifons failing their Duty, liable to th; b.foic rientioned I'tn-l. snds have b^cn twice pr.)cefli n-cd, deeined fole Own.rs. Kot to bar Per. Sons unler As^c, feme Coverti, &e. Ptr'or.s {iTtit-on-in; to lapfe Lands belonging to Or-phins, to g;ve the Guardian 30 Djvs No'ice ; & if he refills to take it up for thi; Orphan, le fliall be remoMed from his Gaar-dbndi- p by the Governor, and liable fo. all Da-mages to the Or-phan. to command the Surveyor-General, or his Deputy, attended widi four reputable Freeholders, who fhall be i»::^ninated and appointed by the faid Court for that Pur-pofe, and fworn, to lay out the Bounds of the faid Lands, to the bed of their Judgment and Underftanding ; and according as it fhall appear to them by Deeds, Writings^ or other Evidences, they fhall proceed to fettle the Bounds of the faid l^ands, at the proper Coils and Charges of the Pcrfon refufing to have the faid Bounds laid out •, and the faid Surveyor General, or his Deputy, iliall return the Survey thereof, with the Proceedings thereon, to the next Precinct Court, thei-e to be recorded, by the Clerk of the laid Court, in a Book for that Purpofe ; which Bounds and Survey made in Manner aforefaid, fhall be taken and deemed a fuffici-ent proceTicning, as if the fame had been dene by the Confent of the Party : And if any of the faid Juftices, or the Surveyor, Clerk, or Freeholders, not having a lawful Excufe, fliall fail in his or their Duty, as by this Act is enjoined and directed, he or they fo failing, fhall forfeit and pay the fame Penalties as before in this Act is laid on the faid Juftices, Church-Wardens, Vcftry, and ProcefHoners, faiUng in their Duty ; to be recovered in like Manner, and to the faiTiC IJfes. VI. AND he it further Enacted, by the Authcrity aforefaid. That all and every Perfon v/hofe Lands fliall be proceflloned to him, according to the Directions of this Act, at two feveral Lim.es, iuch Perfon fhall be deemed and adjudged to be the fole Owner of the faid Lands \ and that upon any Suit commenced for any fuch Lands, the Party in PolTeflion may plead the General Iflue, and give this Act in Evide.ice. VII. PRO FID E D always. That the prccefTioning of the Lands of a Tenant: for Life, fliall not bar or preclude the Heir in Reverfion or Remainder ; neither fhall any procelTioning bar or preclude Perfons under Age, Feme Coverts, ncn compos Mentis, imprifoned, or out of the Government : But that all fuch Perfon or Perfons fhall have free Liberty to fue for, and difpute the Title and Bounds of any Lands within this Province ; provided that the faid Perfon or Perfons commence Suit, and profecute the fame, within the Time already limited by the Laws of this Government, after the Removal of fuch Difability. VIII. AND whereas lapfe Patents are accuftomed to be granted to the iirft Petitioners for all fuch Lands which are not feated and planted according to the Con-dition or Provifion mentioned in the refpective Patents, which has often proved to be the Ruin of Orphan Children (whofe Parents have died, leaving Lands unfeated) by Neglect of Guardians and Truftees, in not fettling and fecuring the fame in due Time : For Prevention whereof for the future. Be it Ena^Jcd, by the Authcrity afcre-faid. That whofoever, for the future, fhall petition for the lapling of any Land be-longing to any Orphan or Orphans, fuch Perfon fo petitioning fhall, and he is hereby required and commanded, to give, at leafl, Thirty Days Notice of fuch Petition's being lodged, to the Guardian or Truftee of fuch Orphan, before the next Council after the Petition is lodged ; and in Cafe the faid Guardian or Truflce, after fuch Notice given, fliall refufe and neglect to appear at the faid Council, and there take out a Patent for the faid Land, in the Name of, and to the Ufe of fuch Orphan or Orphans (who fhall, de future, have the Preference in lapfing fuch Lands as are hereditary to him or her) fuch Guardian or Truflee fhall be removed by the Gover-nour and Council, or Precinct Court, from his Guardianfhip, and fhall be fubject to the Suit of the Orphan, and to anfwer all Damages which the Orphan fhall fuf-tain by Reafon of his Neglect. Pfcamblc, CHAP. V. An Aci, for tin additional Tax on allfree Negroes^ Mulattoes^ Miiflees, and fuch Per-fons, Male and Female, as now are, or hereafter fhall be, intermarried is^ith any fuch Perfons, refident in this Government. I, TITTHEREAS Complaints have been made by divers Freeholders, and Y V other Inhabitants of this Goverment, of great Numbers of free Negroes, Mulattoes, and other Perfoas of mixt Blood, that have lately removed themfelves into |
