A. D. 1718.

No. 392. AN ACT to prohibit all indirect Trade and Commerce with our Indian Enemies living in and about St. Augustine, Pansacola, Movile, and the River Mississippi, and for laying a duty on all Indian Corn and Pease exported from this Province when the same exceeds the Prices herein mentioned.

(Ratified Dec. 11, 1717, for six months. Continued by Act of July 5, 1718, and by Act of Dec. 17, 1720, for two years. Expired. The original of this Act not now to be found.)

No. 393. AN Additional ACT TO THE SEVERAL ACTS NOW OF FORCE RELATING ΤΟ THE PAYMENT OF THE LORDS RENTS AND THE SALE OF THEIR LANDS IN THIS PROVINCE.

WHEREAS, complaint hath been often made that the Lords Proprietors' Receiver-general is not able to discover what lands are held of the Lords Proprietors, and who are the persons that hold the same, and by what tenure, and what rent is reserved, that so a perfect rentall may be Preamble. made for the use of the Lords, and their rents duely received by their said Receiver-general: And whereas, the people of this Province, by their Representatives now met in General Assembly, have signified to the Governour and Council of this Province their willingness to consent to any reasonable act whereby their Lordships may have justice done them with respect to their rents, and by an additional act or acts to supply any defects that may be in the present laws relating to the payment of the Lords' rents. Now, for the promoting so good and just a design, and that the Lords Proprietors, seeing the inclination of the inhabitants of this Province to do them justice and duely to pay them their rents, may assist this Province, and use their interest to support the same, and to promote the good thereof, and that all differences and misunderstandings between their Lordships and the people may be removed, and that their Lordships rents, both them in arrear and such as will become due for the future, may be duely and justly paid them,

Holders of land

rent.

I. Be it enacted by his Excellency John Lord Cartaret, Palatine, and to show their the rest of the true and absolute Lords and Proprietors of this Province, grants, and the by and with the advice and consent of the rest of the members of the terms of their General Assembly, now met at Charlestown for the south and west part of this Province, and by the authority of the same, That it shall be lawful for the Lords Proprietors' Receiver-general, either by himself or his lawful deputy or deputies, at any time after one month after the confirmation of this Act by the Lords Proprietors in England is known and published in this Province, such Receiver-general making publication thereof at the church or meeting-house in each respective parish one month before, to go into any parish in this Province and there to summons and require, by a general summons, all persons whatsoever, inhabitants of the said parish and owners of land in any part of this Province, personally to be and appear before such Receiver-general, or his lawful deputy or deputies, at the parish church, or as near as may be to the center of each respective

parish, and there shew their grants by which each person holdeth his lands, A. D. 1719. whether the same be at one penny per acre rent, or whether the same be a purchase grant at twelve pence per hundred acres, rent reserved; and that any person so summoned by the said Receiver-general, or his lawful deputy or deputies, as shall refuse to come within five days after the time appointed by the summons, without such reasonable excuse as shall be allowed by the said Receiver-general, or his lawful deputy or deputies, £20. shall forfeit for every such neglect the sum of twenty pounds current money of this Province.

On penalty of

be administer

holders.

II. And to avoid all frauds in the payment of arrears of rent, and that the Lords may have a perfect rentall made them, and their rent duely paid An oath may them for the future, Be it further enacted by the authority aforesaid, That it shall be lawful for the Lords' Receiver-general, or his lawful deputy or ed to the landdeputies, and he or they are hereby impowered, to administer an oath to any of the inhabitants of this Province, and all such person or persons are hereby required to answer upon oath what lands he, she or they occupy or are possessed of, and how they hold the same of the Lords Proprietors, whether by grant, or patent, or by survey only, or only by possession ; and if by grant, whether at one penny per acre rent, or twelve pence per hundred acres rent. And every person or persons to whom the said Receiver-general, or his lawful deputy or deputies, shall tender such oath, who shall refuse to take the same, or truly to answer such questions as Penalty on aforesaid, shall for every such offence or refusal forfeit the sum of fifty refusing the pounds current money, to be recovered as is hereafter directed by this Act, and shall also be accountable for five years rent in arrears; the same to be recovered by action of debt, brought in the court of common pleas, in the name of the Lords Proprietors' Receiver-general, but for the use of the Lords Proprietors.

oath.

to show their

III. And when the Lords' Receiver-general hath discovered what lands any person or persons are possessed of or hold of the Lords, and by Land-holders what tenure, according to the above directions, in order to discover what last receipt. rents are in arrears and due to the Lords Proprietors, Be it further enacted by the authority aforesaid, That every person or persons whatsoever that are possessed of any lands in this Province, or hold the same of the Lords, shall be obliged to show their last receipt for the rents, or in case they have not any receipt, shall upon their oaths declare when they last paid their rent and to whom, and shall be accountable for all such arrears of rent, from the time of the last payment, proved by receipt or oath as aforesaid. And in case such person shall refuse either to produce the receipt or make oath when he last paid his rent, excepting in such case where the person is not able to do the same, as is hereafter provided for in this Act, that for every such refusal or neglect, he shall be deemed to be in arrears

of rent from the time of the date of his or their grant or grants; which Arrears of rent arrears of rent may be recovered by action of debt, in the court of common recoverable by pleas, in the name of the said Receiver-general, but for the use of the suit at law. Lords Proprietors.

IV. And by reason that it may sometimes happen that the person can

rent shall be

not produce his last receipt for the payment of his rent, by reason that the How arrears of same may be lost, or it may be cannot declare upon oath when the last determined. rent was paid, by reason that the lands came to him by purchase or by descent from his deceased ancestors, and that it doth not appear by any of the Receiver's accounts when the rent was last paid, that in all such cases, Be it further enacted by the authority aforesaid, That the persons so possessed of lands shall be adjudged to be in arrears of rent from the time that he hath been possessed of the same; provided such possession doth ́amount

A. D. 1719.

in money or

unto five years, otherwise such person shall be deemed and adjudged to be in arrears of rent for five years, the same to be recovered by action of debt, in the court of common pleas, as aforesaid.

V. And to prevent all disputes that may arise in what the Lords' rents Rent to be paid shall be paid, Be it further enacted by the authority aforesaid, That all merchandize. rents in arrears, or that shall hereafter become due to the Lords Proprietors, shall be paid either in lawful money, according to the statute of the sixth of Queen Ann, or else in good merchantable Rice, at the rate of seventeen shillings and sixpence per hundred, or good Pitch, at the rate of fifteen shillings per barrel, or Tarr, at the rate of seven shillings and sixpence per barrel, rent.

Land-holders

may be examined upon oath

as to their

grants.

Land holders

must attend at the time and

VI. And because it may sometime happen that, either by neglect of taking an account of any new grant given out, or by some other means, the Lords' Receiver-general may not know the true quantity of lands, and the tenure the person holdeth by; that in such case, Be it further enacted by the authority aforesaid, That the Receiver may oblige any such person or persons to bring before him or them, at the parish church, or as near as may be to the center of each respective parish, their grant or grants, and may also examine him or them upon oath, as to the tenure of his or their lands, as before directed by this Act, and under the like penalties and forfeitures, in case of the person refusing to shew his grant, or to be examined on oath, as before directed by this Act.

VII. That upon an exact rentall being made for the use of the Lords Proprietors, that their Lordships may have their rents for the future exactly paid, Be it further enacted by the authority aforesaid, That all place appointed persons shall be obliged to come before the Lords Receiver General or his lawful deputy or deputies, at such times yearly in the month of December, and at such place in the parish where the person dwelleth as is herein before directed, as the said Receiver General or his lawful deputy or deputys shall appoint by publick notice, and there shall pay their rents punctually, either in lawful money or in rice, pitch or tarr, at the prices before directed by this Act; the Lords' Receiver General or his lawful deputy or deputies to have power, and he or Distress may they are hereby impowered in the name of the Lords Proprietors, either to seize or distrain for the said rent, or else in the name of the Receiver General, but for the use of the Lords Proprietors, to bring an action of debt for the rent.

issue for rent due.

Lands may be taken up at £3 per 100 acres,

VIII. And to the end that all persons may be encouraged for the further settling of this Province, and to take up lands of the Lords Proprietors and improve the same, which cannot be expected excepting that persons can be assured at what price they may purchase lands of the Lords Proprietors, therefore for the prevention of all such disputes for the future, Be it further enacted by the authority aforesaid, That all persons who at any time for fifteen years after the confirmation of this Act by the Lords Proprietors, shall desire to take up lands of the reserving quit Lords, shall have the same granted to them in the usual form of the grant prescribed in an Act of Assembly of this Province, entituled an Act to ascertain the prices of land, the form of conveyances, and the manner of recovering of rents for lands, and the prices of the several commodities the same may be paid in, ratified in open Assembly the sixteenth day of March, one thousand six hundred ninety five-six, and now of force in the same, paying for the same to the Lords Proprietors Receiver General, at the rate of three pounds for one hundred acres, and so proportionably for a greater or lesser quantity, and reserving twelve pence rent for each hundred acres, the said purchase money and rent reser

rent.

No. 124.

ved to be paid either in lawful money, according to the said statute, or in A. D. 1719. good rice, pitch or tarr, at the prices before mentioned in this Act; and the Governours, the Secretarys and Surveyor Generals, and his deputys fees, to be paid after the same manner. And after the expiration of the said fifteen years, the lands to be continued to be granted as before till the Lords signify their pleasure to the contrary, and the publication thereof made in Charlestown at least one whole year before the alteration thereof. IX. And seeing that by an order at the board of the Lords Proprietors, bearing date the third day of November, 1716, attested under the hand of Richard Shelton, Esq. the Lords Proprietors Secretary, their Lordships. were pleased to give all their arrears, that were then in Carolina due to them, whether for lands sold or for rent that shall become due the first of May, 1718, to the use of the publick, as the Governour and Council shall think most proper to appropriate the same, the charges of the civil government being first deducted, and two hundred pounds due to Mr. Craven, but by reason of some misunderstanding between the said Lords Proprietors and the people of this Province, their Lordships were pleased to withdraw their said intended gift, but seeing that the inhabitants of this Province, by their Representatives in the Assembly, have shewed their willingness to do their Lordships justice with respect to their rents, which makes them hope that all those differences will be entirely forgottenthe representatives of the people of this part of this Province, now met at Charlestown, do pray that it may be enacted, And be it enacted by the authority aforesaid, that all the arrears of rent to be received by the Lords Arrears of rent Proprietors Receiver General, by virtue of this Act, and all the rents and to the end of the year 1723 moneys received for purchase of lands, or other dues in this Province, that shall be approshall become due and paid to the Lords Proprietors to the end of the priated to buildyear one thousand and seven hundred and twenty and three, after reserv- ing a State ing in the said Receiver's hands, so much moneys as will pay the publick Prison, &c. salaries, to be paid by order of the Lords Proprietors, (which shall be paid in lawful money, or in commodities, as Rice, Pitch or Tarr, at the rates the Lords receive the same) and also defray the other contingent charges of the government, that is to be paid by the Lords Proprietors, that then the remaining part be appropriated, and is hereby appropriated towards the building of a Publick State House with convenient apartments, for the sitting of the Governour and Council and the other house of Assembly, and for holding the Publick Courts of Judicature, and for apartments of the several Publick Officers to keep their records and offices, and also for the building of a publick house or prison, for the use of the Marshall of this Province, but the Marshall to be obliged to pay a reasonable rent for the same yearly, to the Lords Proprietors Receiver General, for the use of the Lords Proprietors, in order to keep the Publick State House in repair; and the Marshall to be obliged to keep the said Marshall's house and prison in repair, the said prison to be built with convenient and distinct apartments for criminals and debtors. The person to manage, order and overlook the said publick buildings, to be appointed by the Governour and Council of this Province for the time being. And after the building such State house, Marshall's house and prison, in case any of the moneys appropriated by this Act for the same shall remain, then the same to be applied towards the building and finishing the new parish Church in Charlestown.

House and

X. And be it further enacted, by the authority aforesaid, That all Expences of such sum or sums of money as shall at any time be expended by the Lords' the Publick ReReceiver General, in making such rentall and collecting the arrears of ceiver to be rents, and the rents that shall hereafter become due to the Lords Proprie

allowed.

A. D. 1719. tors, and all other charges upon the same, shall be allowed him upon his

No. 323.

accounts.

XI. And that all persons may have their titles to their lands in this Province effectually secured to them, so as to admit of no dispute, either with the Lords Proprietors or any other person or persons whatsoever, Be it further enacted by the authority aforesaid, That one Act of Assembly of this Province, entituled an Act for settling the titles of the inhabitants of this Province to their possessions in their estates within the same, and for limitation of actions and avoiding suits in law, duly ratified in open Assembly the twelfth day of December, in the year of our Lord one thousand seven hundred and twelve, be and is hereby ratified and confirmed, and shall be deemed and taken as part of this Act, as fully and amply, to all intents and purposes, as if the same was again repeated, word for word, or inserted in the body of this Act.

XII. And whereas, besides the grants for lands, passed in the names of All grants the Lord Palatine and the rest of the Lords Proprietors, and signed under the publick seal of this by the Governour and the Lords' Deputies, several grants for Province to be lands have been passed and signed by the Governour and other persons held good. particularly commissionated for that purpose by the Lords, and it may so happen that some of those commissions may have been burnt in the late fire that destroyed several of our records, and others may be omitted being put upon record and mislaid or lost, and others hereafter may be lost or destroyed, whereby disputes may hereafter arise, whether or no those persons were commissionated and lawfully authorized by the Lords for the making such sales or grants for lands in their names; therefore, for the preventing of all disputes whatsoever, and for the better confirming and assuring to the people their several titles to their lands, Be it further enacted by the authority aforesaid, That all grants for lands whatsoever at any time made before the ratification of this Act, or that shall hereafter be made, and signed by the Governour and by any other persons as Lords Deputies, or as persons commissionated by the Lords for the sale of lands, that in case any such grant shall be under the publick seal of this Province, the same shall be good and effectual in law to all intents and purposes whatsoever, and no objection or dispute to be admitted or allowed of, nor any other proof besides that of the grant, being under the publick seal, to be required to prove such persons to have been the Lord's deputies then, or commissioners for sale for lands, but the same in course to be allowed of and admitted as true.

Excess of land

beyond the quantity in the grant.

XIII. And be it further enacted by the authority aforesaid, That whereas several persons may have a greater quantity of lands within their lines than is mentioned in their grants, that in such case upon any survey hereafter to be made by order of the Governour and Council or the Lord's Receiver General, on the behalf of the Lords Proprietors, it shall be found that the overplus land doth not exceed one fourth part of the quantity mentioned in the grant, that such overplus land is hereby confirmed to the grantees or their assigns, as fully and amply as if the quantity had been exactly specified in the body of the grant; but if the overplus land doth exceed one fourth part of the quantity mentioned in the grant, then as to all the quantity of land so exceeding one fourth part, the person to whom such grant doth belong, shall be obliged to take out an additional grant for that quantity, and to pay the purchase money for the same, as directed by this Act in other purchases of lands, and the common fees of the grant and one fifth part of the charges of the survey of the whole tract; or upon he or they so refusing, the said overplus land may be granted in common form to any other person that will take up the

same.