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of a Company shall be obliged to Enlist themselves or attend at such Musters as afors'd.

VI. And Forasmuch as this Governmt. hath of a long time laboured under & tedious War with the Heathen & which hath in a great measure been lengthened by the remissness of the People & disobedience to their officers commands.

VII. Be It Enacted by the Authority afors'd. that in case of any Invasion or Expedition to be raised & carryed on against the Indian enemy it shall & may be lawful for the Governor or Commander in Chief to Raise all or so many of the Forces of this Governmt. as he shall think necessary for the suppressing the same and any person whatsoever that shall refuse or neglect, on summons, to appeare "at such place or places as shall be appointed by his Capt. or other Officer by his command with well-fixt Armes & at least one quarter of a pound of Powder & a pound of Swan or Goose Shott or Bulletts & shall refuse to march out against the Enemie where Commanded as afors'd. shall forfeit & pay for such offence the sum of Fifty Shillings to be Levied by a Warrt, from the Capt. as afors'd. And if the Capt. shall neglect or refuse to Issue out his Warrt. & do his duty afors'd he shall forfeit & pay the sum of Tenn Pounds to be Levied by a Warrt. from the Governor or Commander in Chief for the time being as afors'd in this Act is directed. VIII. And Be It Further Enacted by the Authority afors'd that if any person shall be wounded, hurt or maimed in the Country's service & not of ability to maintain himself or pay for his Cure he or they shall be cured at the Publick Charge & have one good Negro Man-slave allowed & purchased for him for his maintenance & in the same case if any one shall be killed the Publick shall make the same provision for his Wife & family.

IX. And Be It Further Enacted by the Authority afors'd that all such persons who by this Act are exempt from Enlisting themselves or appearing at Muster as afors'd shall be ready at any time of danger to wait & attend the commands of the Governor or Commander in Chief for the time being completely provided with Arms & Ammunition on Penalty of Ten Pounds for such neglect to be levied by Warrant from the Governor or Commander in Chief as before in this Act is appointed for other times.

X. And Be It Further Enacted by the Authority afors'd that if at any time during the time of any Muster any Soldier or other shall resist his lawful Officer or refuse to obey his lawful commands or be any ways refractory or mutinous such Soldier shall be punished at the discretion of the Capt. by Tying Neck & Heels, Running the Gauntlet, Rideing the Wooden Horse or in such like manner; & in case any person, during the time of alarm or Expedition agst. the Enemy Indians shall desert his Collours or be any way mutinous or be disobedient to their Officers commands, It shall & may be lawfull for one Field Officer & Four Captains at least (if so many are in service) or for want of them Lieutenants to erect a Court Martial to be held openly & on tryal to punish offenders according to Martial Law as the nature of the Crime shall require Provided it do not extend to the taking away of life.

XI. And Be It Further Enacted by the Authority as afors'd that all moneys that shall accrue by Virtue of this Act & not herein appropriated shall when levied be accounted for & paid to the Governor or Commander in Chief for the time being to be by him employed in purchaseing such necessary Ornaments as he shall think fitt & proper for the Regiment & the Overplus towards purchasing Arms & ammunition for the Publick Service & an account thereof to be laid before the Company at their next meeting.

XII. And Be It Further Enacted by the Authority afors'd that the Wages

of the Officers & Soldiers hereafter to be Imployed in the Service of this Government pursuant to this Act shall be allowed & paid by the Publick Assembly after the Rates following, that is to say:

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XIII. And Be It Further Enacted by the Authority afors'd that if the Marshall shall not discover any Goods or Estate of the Delinquents whereupon to levy satisfaction for the forfeiture afors'd then the said Marshall or Serjeant shall apprehend the body of such delinquent & him bring before the Governor or Commanding Officer from which such Warrt. shall issue as afors'd who, for non-payment shall bind out such delinquent if of able body tc any person that shall pay the Fine to serve so long as shall be thought equivalent to the Fine that is to say after the Rate of Five Shillings per week.

XIV. And Be It Further Enacted by the Authority afors'd that no Com. manding officer of a party under Twenty men shall have & receive the pay of more than Ensign nor under the number of Forty men shall have & receive the pay of more than Lieutenant nor under the number of Sixty men more than Capt. nor under the number of more than One Hundred men more than major, nor under the number of two hundred more than Colonell.

EDW'D MOSELEY,

Speaker.

CHAS. EDEN,
N. CHEVIN,

C. GALE,

FRAN. FOSTER,

T. KNIGHT.

CHAPTER XXVI.

(Subject matter since regulated by the King's orders in Council.)

The Form of a Patent.

I. Whereas the True & Absolute Lords Proprietors of Carolina have by their Great Deed of Grant bearing date the First day of May 1668 under their hands & Greate Seale of their Province of Carolina Given & Granted unto the Inhabitants of the County of Albemarle to hold their lands according to the Terms & Tenure upon which the Inhabitants of Virginia hold theirs & have Given & Granted full power & authority to their Lords Prs. Governour for the time being to convey & grant the said lands according to the said Deed as by the same doth & may more fully & at large appear.

II. Be It Therefore Enacted by his Excellency the Pallatine & the Rest of the True & Absolute Lords Props. of Carolina by & with the Advice & Consent of this present Genl. Assembly now met at Little River for the No. East part of the said Province.

III. And It Is Hereby Enacted that in every Book where Patents for Land

shall be registered a true copy of the said deed shall be First Registered & that the Patents may be always agreeable to the said Deed.

IV. Be It Further Enacted that all Patents hereafter to be granted shall be in the form following & none other (Viz.) The Pallatine & the rest of the True & Absolute Lords Props, of Carolina to all persons to whome these present shall come Greeting in our Lord God Everlasting know Ye that we the said Lords & Absolute Proprietors according to our Great Deed of Grant bearing date the first day of May Anno Domini 1668 given to our County of Albemarle under our hands & Great Seale of the said Province Do hereby give & grant unto being due for the Importation of ...... persons whose names are upon record under this Patent to have & to hold the said Land with all rights & privileges of Hunting, Hawking, Fishing, & Fowling with all Woods, Waters & Rivers with all proffitts, Comoditys & Hereditaments whatsoever to the same belonging or appearing (except one half of all Gold & Silver Mines) unto him ... his Heirs & Assigns forever in as large & ample manner to all intents & purposes as in & by the said Deed is Granted or intended Yielding & Paying unto us & our Heires & Successors Yearly every Twenty ninth day of September the Free-rent of One Shilling for every Fifty Acres hereby granted to be holden of us our Heires & successors in free & common Soccage Provided that if the said shall not Seat or Plant or cause to be Seated or Planted thereon within three years after the date hereof then this Patent to be Void; Otherwise to stand & be in full force. Given under the Seal of the Colony the Witness, &C.

V. And to prevent disputes concerning the True Intent & Meaning of the words "Seat & Plant" in the foregoing Proviso mentioned & expressed.

VI. Be It Further Enacted that the words "Seat & Plant" in the Patent above recited & in all other Patents Granted or hereafter to be Granted by the Lords Proprietors for lands within the said County of Albemarle or within any other County, Precinct or Liberty wherein the said Clause is or shall be Inserted shall be adjudged & taken in the following sense Viz. that the Patentee shall build a habitable house & shall Clear, Fence & Plant at least one Acre of land within the time before limited.

VII. Provided always that where any person hath or hereafter shall build, clear & Tend according to the Proviso in the Patent altho' not strictly within the time limitted but before any new Patent Issue for the same such seating, clearing & Tending shall be held good & valid to all Intents & Purposes as if the same had been done within the time limitted.

EDW'D MOSELEY,

Speaker.

CHAS. EDEN,
N. CHEVIN,

C. GALE,
FRAN. FOSTER,
T. KNIGHT.

CHAPTER XXVII.

An Act concerning Old Titles of Land And for Limitations of Actions and for avoiding Suits in Law.

I. Whereas Great Suit Debate & Controversity hath heretofore been & may hereafter arise by means of Antient Titles to Land derived from Patents granted by the Governmt. of Virginia, the Condition of which Patents have

not been performed nor Quit-rents paid, or the lands have been deserted by the first Patentees or for, or by reason or means of former Entries or Patents granted in this Governmt. for prevention whereof & for quieting men's Es tates & for avoiding Suits in Law.

II. Be It Enacted by his Excellency the Pallatine & the rest of the True & Absolute Lords Proprs, of Carolina by & with the Advice & Consent of the rest of the Members of the Genl. Assembly now met at Little River for the No. East part of the s'd Province.

III. And It Is Enacted by the Authority of the same that all Possessions of or Titles to any Lands Tenements or Hereditaments whatsoever derived from any sales made either by Creditors, Executors or Administrators of any person Dec'd. or by Husbands & their Wives or Husbands in right of their Wives or by Indorsment of Patents or other wise of which the Purchaser or Possessor or any claiming under them have continued or shall continue in possession of the same for the space of seven years without any suit in Law be & are hereby ratified & confirmed & are declared Good & Legal to all Intents & Purposes whatsoever against all manner of persons any former or other Title or claim, Act, Law, Usage, or Statute to the contrary in any wise Notwithstanding.

IV. And Be It Further Enacted by the Authority afors'd that no person or persons nor their Heires which hereafter shall have any Right or Title to any Lands, Tenements or Hereditaments shall thereunto Enter or make Claim but within Seven years after his or their Right or Title which Descend or Accrue & in default thereof such person or persons so not Entering or Makeing Default shall be utterly Excluded & Disabled from any Entry or Claim thereafter to be made.

V. Provided nevertheless that if any person or persons that is or hereafter shall be entitled to any Right or Claim of Lands, Tenements or Hereditaments shall at the time of the said Right or Title first Descended Accrued Come or Fallen within the Age of Twenty One Years Femme Couvert, Non Compos mentis, Imprisoned or beyond Seas That, then such person or persons shall & may notwithstanding the said seven years be expired Commence his Suit or make his Entry as he might have done before this Act so as such person or persons shall within three years next after full Age, Discoverture, Comeing of sound Mind, Enlargement out of Prison, persons beyond Seas with Eight years after the Title or Claim becomes due take benefit & sue both the same & at no time after the times or limitations herein specified. But that all possessions held without suing such Claim as afors'd shall be a perpetual Barr against any & all manner of persons whatsoever that the Expectation of Heires may not in short time leave much land unpeopled & Tythes so perplexed that no man will know of whom to take or buy land.

VI. And Be It Further Enacted that all Actions of Trespass, Detinue, Actions sur Trover & Replevin for taking away of Goods & Chattels-all Actions of Acct. upon the Case, all Actions of Debt for Arrearages of Rent, & all Actions of Assault, Menace, Battery, Wounding & Imprisonment, or any of them which shall be sued & brought at any time after the Ratification of this Act shall be commenced or brought within the time & limitation in this Act expressed & not after-that is to say Actions of Acct. for Trespass, Debt, Detinue, or Replevin and said Actions of Trespass quare clausam fregit within Three years next after the Ratification of this Act or within Three years next after the cause of such Actions or Suit & not after, Except such Accounts as concern the Trade of Merchandize between Merchant & Mer

chant, their Factor or Servants. And the said Action of Trespass, of Assault, Battery, Wounding, Imprisonment or any of them within one year next after the Ratification of this Act or within one year after the cause of such Action or Suit & not after, and the said Action upon the Case for words within Six Months after the Ratification of this Act or within Six months next after the words spoken & not after.

VII. Provided nevertheless & it is hereby further Enacted that if on any the said Actions or Suits Judgment be given for the Plft. & the same be reversed by Error or a verdict pass for the Pltfs. and upon matters alleged in Arrest of Judgment the Judgment be given against the Pltf. that he take nothing by his Plaint, Writt, or Bill; Or if any the said Actions shall be brought by Original Writts & the Dfdt. Cannot be Attached or legally Served with Process that in all such cases the Party Pltf., his Heires, Executors, or Administrators as the case shall require may commence a new Action or suit from time to time within a year after such Judgment reversed or such Judgment given against the Pltf. or till the Defdt. can be attached or served with Process so as to compell him to appear & answer.

VIII. And Be It Further Enacted that in all Actions of Trespass quare Clausam fregit hereafter to be brought wherein the Defdt. or Defdts, shall disclaim in his or their Plea to make any Title or Claim to the Land in which the Trespass is by the Declaration supposed to be done & the Trespass be by negligence or involuntary the Deft. or Defdts. shall be Admitted to plead a Disclaimer & that the Trespass was by negligence or involuntary & a Tender or after of sufficient amends for such Trespass before the Action brought whereupon or upon some of them to Pltf. or Pltfs, shall be Inforced to Joyn Issue & the said Issue be found for the Defdt, or Defdts. or the Pltf. or Pltfs. shall be non-suited the Pltf. or Pltfs. shall be clearly barred from the s'd Action or Actions & all other Suits concerning the same.

IX. And Be It Further Enacted by the Authority afors'd that in all actions upon the case for slanderous words to be sued or prosecuted by any person or persons either in the General or Precinct Courts of this Governmt. after the Ratification of this Act if the Jury upon the Tryal of the Issue in such Action, Or the Jury that shall inquire of the Damages, do find or Assess the Damages under Forty Shillings then the Pltf. or Pltfs. in such Action shall have & recover only so much Costs as Damages so given or assessed shall amount unto without any further increase of the same any Law, Statute, Custome or Usage to the contrary in any wise Notwithstanding.

X. Provided nevertheless & be it further Enacted that if any person or persons that is or shall be entitled to any such Action of Trespass, Detinue, Action sur Trover, Replevin, Actions of Acct., Actions of Debt, Actions of Trespass for Assault, Menace, Battery, Wounding, or Imprisonment, Action on the Case for Words, be or shall be at the time of any such cause of, Action Given or accrued, fallen or come within the Term of Twenty one years, Femme Couvert, Non compos mentis, Imprisoned, or Beyond the Seas that then such person or persons shall be at liberty to bring the same Actions so as they take the same within such times as are before limitted after their coming to or being of full age, Discovert, of sound memory, at large, or returned from beyond the Seas as other persons having no such impediment might have done.

EDW'D MOSELEY,
Speaker,

CHAS. EDEN,

N. CHEVIN,

C. GALE,

FRAN. FOSTER.

T. KNIGHT.

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