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i 8i Tabu's, in feveraltr, agreeable t3 the laft will of their fa hi f;;her ; and whcrei* the deed poT l before mentioned, exe. filled by the laid Saw.?! S jaunt to the fa;d Job Howe, having been loit or ni./l .id, he the faid Samuel Swnnn, by in-denture tripartite, beaivn r d ite the fotirtef nth da; of September, one tliouiaud Seven hundred and fixty feven, made be: ween him the faid Sa>w<el Sw.inn of thefirli: part, tbe laid Thomas Howe ef the fccond part, an I the faid Arthur Howe of the third part (therein reciting mowrfuliy all the facts and drctinftancss herein before iet foi th) did remife, releafeand forever q-i't claim unto the laid 'Hem is How, then in his act;nl poffelTio i and fcizirt, and to his heirs and aiiigis forever, among other thing?, three hundred and twenty acrcsof land, being one moiety or half part of the lands herein before mi-mioned and dstcribed (heingihe lowed half pan) as rise fame was l.-H offaud divided agreeable to the plan thereof annexed to the faid indenture : and whereas ,t b.e f-aid Thomas Clifford Howe, by indenture bearing date on or abww the year one thousand ftven hundred and fifty-eight, or one tiioufand feven hundred and fifty nine, bargained, lold and conveyed to Hicbard Spa'ight, Elquire, deceafed, (fathsr of the faiditit.''.ard Dobbs Spuigkt) who died inteftate, the fame three hundred and twenty acres of land, -with the appurter.a rices to held to h m the faid Rich-ard Spa-ght, his heirs and affigns forever :. beginning at a wide oak, Harnett's upper back corner tree, running thence iiorta fixty weft one hundred and fifty five poles, then north imy ead three hundred and fcrry-eighr poles to the ri-ver, therce down the meanders of the river to an alh, Harnett's upprr corner tree on the north- weft river, thence foath fixty weft, three hundred and forty eight poles to the beginning; which faid laft mentioned premiles with the appurtenances were actually in the poileifion and fsizin of the laid Richard Spa'rght in Iris lifetime, and hath co'.h'k u?d to this tims in the poileiTion of the laid Richard Dobis Speight, and during part of bis minoritv hath by his guardian bsen rented out -as his property, and in the neighbourhood thereof is univerfa'.ly acknowledged to be part of his eftate : and whereas by the long minority of the laid Richard Dobbs Speight, the death of one of his guardians, at d the removal from this count ft of the other, and the calamities and confufion of the late war or by feme other caile, the conveyance of the faid T.omas Clifford Hone to the faid Ri hard Spargl.t 1 ath been left ibr.rniflaid, and the records of BL:d?n county having feme] ears iince the conveys; ce of the laid land been confnmcd by fire, the faid Richard*? Dob.'s Spaighl is left without any legal title to the faul lands purchaled by hi, father as aforeiaid, and hath little more to defend his property than a precarious -tide grounded on pofleliion-atid fupported by vtrbal teltimony, of which in thecoiarle of human events he muft foon be deprived : for remedy whereof, the feveral facts being made known to the (atiifaction of the legiflature. >. I. Be it therefore enacled, by the General Affimlly Ji the S'ctte of- North-Carolina, and it is hereby enacled, by the, authority of the fa>m, that the faid iraft or parcel of three hundred and twenty acres of land herein lift mentioned and defcribed, as tne fame was divided an J laid i ft t>y a divifion made between the laid Thomas Clifford I owe and /-Irthw Howe, and agreeable to the part or inrvey thereof annexed- to the- before recited indenture, made between the fa d Samuel Swaft*. of the-firft part, the laid Thitias Clifford How; of the fecond part, and the faid Arthur Howe of til a third part, with the appurtenances, be and the lame and every part and parcel thereof, is hereby confirmed to the faid Richard Dobbs Spaighl bis heirs and atligns, in is full and amp'e manner as he and they can have, hold and enjoy, the fnne ; faying and referving nevertheiefs to all and every per fon and perfons other than tiie heirs of the faid t Thomas Clifford Howe, all the right, title and intereft, w.iici May or any of thjm tnight have had of, in and to iha - fame, in the fame manner.as if toiwet had nev-sr, been made, any thing herein contained to the contrary not with. ing. Chap. XLVI I. Aa c.tl to keep open Gape. Fear, Wfrarie, Rcckey river of Pee-Dee, the Cata' ba, Deep river, the Yadkm river, .Dan, Haw river and Hockey rwer, ffr the peffage of Iff up the ft me.' WHEREAS it. is reprefen-ed to this General Aflernbly, that the free pafliige of fi(h up L eft Far, Wh'arU. Fock-ey river of Pee -Dte, the Calavba,.Jji<p river, the YadtJn liver, Dan, -Hcrw river ami hockey river, is pre-vented by the erecting oi dams and other ftoppages acrofs the fa:d rivers : for remedy whereof, I. Beit er.afledby the General Affembly cf the State of Nerth-Carolina,- anditis hereby enacled bv the aithtrity of the Jiitn't that every perfon cr perfons who have ere&ed or built any ware, dam or ftoppage acrofs the ri' ers aferefaid fhall deftroy and remove lb much thereof within one month after paffing this act, as to leave one fourth part of the rivers in thedr epeft part thereof, cpe? forthe palTage of fifth, and on failure or neglect fhali pay five pounds for every twenty-four hours luch dam or ware, or other invention lhall ftand the term aforei'aid. II. Ani.be itfurther enacled by the authority afore/aid^ that from and after the palling of this act, to fianda, dams wares cr other ftoppages fliali be erected lo as to take up more than three fourthsof the rivers witnin mentioned, leav-ing one fourth open, and any perfon erecting wares, dams or other inventions contrary to the intent and meaning of this act, fhall forfeit and pay one hundred pounds. HI. And be it further em-Red^ by the authority ajorefaid, that all penalties mentioned in this act, fliali be recovered againft any perfon or perfons who may incur them in any court of record by any perfon who will foe for the lame, rne half to be applied to his or their own ufe, and the other half for the ufe of the county where the plaintiff refides ; Provided, that nothing herein contained fliali extend to pulling down or deftroying any water grift-mii) which may bc. onthe.fa.aoe rivers.; any thing herein ccjtr.ainrd to the contrary uotwithftanding. Zi .
Tabu's, in feveraltr, agreeable t3 the laft will of their fa hi f;;her ; and whcrei* the deed poT
l before mentioned, exe.
filled by the laid Saw.?! S jaunt to the fa;d Job Howe, having been loit or ni./l .id, he the faid Samuel Swnnn, by in-denture
tripartite, beaivn r d ite the fotirtef nth da; of September, one tliouiaud Seven hundred and fixty feven, made
be: ween him the faid Sa>w|