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Colonial and State Records of North Carolina
Order of the Privy Council of Great Britain concerning an act of the North Carolina General Assembly concerning land grants
Great Britain. Privy Council
November 27, 1740
Volume 04, Page 422

-------------------- page 422 --------------------
[B. P. R. O. North Carolina. B. T. Vol. 11. B. 57.]

At the Court at St James's the 27th of November 1740.

Present The King's most Excellent Majesty in Council.

Whereas by Commission under the Great Seal of Great Britain the Governor Council and Assembly of his Majesty's Province of North Carolina are authorized and empowered to make constitute and ordain Laws Statutes and Ordinances for the publick Peace Welfare and good Government of the said Province which Laws Statutes and Ordinances are to be as near as conveniently may be agreeable to the Laws and Statutes of this Kingdom and to be transmitted for his Majestys Royal Approbation and Disallowance. And whereas in pursuance of the said Powers an act was passed in the said Province in 1738 which hath been transmitted Entituled as follows Vizt

An act declaring what shall be deemed a sufficient Cultivation of Lands already granted or hereafter to be granted by his Majesty and for ascertaining the manner of granting Lapsed Land

Which act together with a Representation from the Lords Commissioners for Trade and Plantations proposing the repeal thereof having been referred to the consideration of a Committee of the Lords of his Majesties most Honourable Privy Council for Plantation affairs The said Lords of the Committee did this day report to his Majesty that upon considering the said act they found by some of the clauses contained therein that the Patentees of Lands in North Carolina would be exempted from cultivating such a quantity of Lands as by the Terms and conditions of their Grants they were obliged to clear and improve and apprehending that such exemption will be a means of retarding the settlement of that Province and weakening his Majestys security for the payment of the Quit Rents the said Lords of the Committee therefore proposed that the said act should be repealed. His Majesty taking the same into consideration was pleased with the advice of his Privy Council to declare his Disallowance of the said Act and pursuant to his Majesty's Royal Pleasure thereupon expressed the said act is hereby repealed declared void and of none effect.

Whereof the Governor or Commander in Chief of his Majesty's Province of North Carolina for the time being and all others whom it may concern are to take notice and govern themselves accordingly.

A true Copy.