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Colonial and State Records of North Carolina
Bill by the North Carolina General Assembly concerning quit rents [draft extracts]
North Carolina. General Assembly
February 1735
Volume 04, Pages 315-316

Drat of Two Clauses propos'd to have been inserted in the Quit Rent

Laws of North Carolina

Whereas his Majesty by his royal instructions to the Governr has bin Pleased to Direct him to enquire whether any Grants of Lands have been made in No Carolina & to whome, without authority from his Majesty since he purchased ye interest of several of the Lords Proprietors of that province wch was on ye 25th Day of July 1729 That his Majesty may give such orders therein as shall be thought convenient for his Servis which Instruction shall be fully comply'd with by the method in this Act Prescribed for registring the Several pattents or grants whereby Lands are claim'd wherefore until his Majestys royal pleasure is made known concerning such grants

Be it Enacted that all such persons who hold or claim any Land by virtue such pattents or grants who have actually pd ye purchase money for the same to ye late Lords Proprietors Recr general shall be noways Molested in such their Possessions or titles untill his Majesty shall be pleased to signifie his Royal pleasure concerning ye same and if his Royal pleasure shall be Declared against them, then such persons shall be admitted to have ye preference before any other person to take up ye

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same on such terms as his Majesty shall be pleased to Direct, Provided Nevertheless that it shall be Lawfull for any person that had any Lawfull claim to any of those Lands before they were so granted to apply to His Excy the Governr and Council by Petition setting forth such his claim and on a full hearing of both parties & their Evidences it shall appear that the Right was in the party claiming the Grants in such case shall issue to ye Claimant and whereas it has bin suggested that many frauds have been Committed in ye late Secretaries and Recr Generals Office by issueing or passing blank Pattents or grants of land for raising Money to Defray the Charge of running the boundary line between this Province & Virginia, wch Pattents or grants may have been filled up for great quantitys of Land for ye better discovery of such frauds if any Be it enacted that soe soon as any pattents or grants of Land are recorded pursuant to this Act that his Excellcy the Governr and Council or the General Court, or any other Court in this Province such as his Excellcy the Governr shall Direct, hath full Power and authority within one year after the recording such patents or Grants to concerne such persons as are or shall be suspected of such frauds and by interrogating such persons and the Examination of Witnesses on Oath to make a Due enquiry into such practices and if upon such Inquiry it shall be found that any person hath obtained a pattent or grant without the number of acres specifi'd therein at the same time of obtaining the same or without payment of the purchase money for ye same such pattent or grant is hereby declared Null and Void.

Certifyed to be a true Copy.

N. Carolina—ss.

Memorandum that on this 19 July 1735 before me Thomas Clifford Esqr one of his Majestys Justices assigned to Keep the peace in New Hanover precinct, The Honourable Roger Moore Esqr one of his Majesty's Honourable Council for the province aforesaid being first sworn on the Holy Evangelists, doth depose that on the other side is a faithful exemplification of the two Clauses offer'd by the Common House of Assembly on the second Reading of the Bill for settling his Majestys Quit Rents and perfecting a Rent Roll; and which were rejected by the Council. Sworn before me the day & Year first above written