CHAPTER XXVIII.

Femme Couvertes-How to Pass Lands.

I. Whereas the Legal way of Passing Lands where the Estate is in Femme Couverte is by Fine & Recovery & it having been formerly practicable in this Government (Fines & Recovery not being in use here) that sales have been made by the Husband with the Wife's consent & sometimes by sales from them both & acknowledged in Court the Wife being first privately Examined by the Court whether she acknowledgeth the same freely.

II. Be It Enacted by His Excellency the Pallatine & the Rest of the True & Absolute Lords Proprs. of the Province 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 said Province.

III. And It Is Hereby Enacted by the Authority of the same that all such sales which have at any time heretofore been made in manner & form afors'd or which hereafter shall be made by the Husband & Wife & Acknowledged before the Chief Justice or in the Court of the Precinct where the land lyeth the Wife being privately examined whether she acknowledgeth the same freely shall be good & effectual against the Husband & Wife & their & every of their Heires & Assigns & against all other persons claiming by from or under them or any of them & that to all Intents & Purposes as if the same had been done by Fine & Recovery or by the other wayes or means whatsoever.

IV. Provided alwayes & it is hereby meant & intended that nothing in this Act contained shall be Construed or meant to give any power or Authority hereafter for cutting off Entailed Lands; Any thing herein before contained to the contrary in any wise Notwithstanding.

EDW'D MOSELEY,

Speaker.

CHAS. EDEN,

N. CHEVIN,

C. GALE,

FRAN. FOSTER,

T. KNIGHT.

CHAPTER XXIX.

An Act for Preventing Disputes concerning Lands already Surveyed. I. Whereas divers Disputes do frequently arise concerning Lands already surveyed & patented to the great charge & vexation of many people holding & enjoying those Lands for prevention whereof for the future & for settling such differences as may hereafter arise.

II. Be It Enacted by His Excellency the Pallatine & the rest of the True & Absolute Lords Proprs. of the Province 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 Province & by the Authority of the same. III. It Is Hereby Enacted & declared that all Surveys already made & Patents granted within this Government by all & every preceding governor Deputy Governor or President are hereby declared to be good & valid to all Intents & Purposes whatsoever any pretended defects or insufficiency in the powers or authoritys for so doing to the contrary in any wise notwithstanding. And that Patents may & ought to be granted on all & every the afors'd Surveys for which Patents are not already Granted, those lying within the Controverted bounds only excepted.

IV. And Be It Further Enacted by the Authority afors'd that no person' whatsoever shall take up any Marsh, Swamps or Sunken land but shall first give notice in Writing to the Owner of the Land Adjoining, after which notice delivered in Writing before Evidence, such person or persons shall have Six months time to resolve whether he will take up the same or no; And in case he shall not before the end of the said six months take out a Warrant to Survey such Marsh, Swamp or Sunken Lands as shall be contiguous to his own Land then the first person who gave such notice may survey & patent the same.

V. And Be It Further Enacted by the Authority afors'd that if any person shall believe that there is contained in the Survey or Patent of any person more land than the same survey or Patent mentions, then & in such case such person may employ the Surveyor Genl. or his Deputy to resurvey such land & if it shall appear that the latter survey does not exceed the former by more than Ten acres in the hundred such shall not be deemed any error nor the owners of such lands put to any charge or trouble in resurveying or Patenting the same. But the party employing the Surveyor shall pay all charges.

VI. And Be It Further Enacted by the Authority afors'd that in all cases of Difference where any Re-survey shall be made the Surveyor shall allways proceed by the Marked trees if the same can be found or by mutual bounds if any mentioned and if there be not marked trees then he shall follow the courses mentioned in the Platt or Patent so as the Intention of the Party first taking up may be observed as near as may be. And if it shall happen that in any Re-survey there shall be more land contained above the quantity mentioned besides Tenn in the Hundred before mentioned in this Act it shall be in the choice of the owner of the land to take the same paying the Surveyor his Fee, or to leave out the overplus in such part or places as he pleases & then the whole charge to be borne & paid by him that required the survey.

VII. And Be It Further Enacted by the Authority afors'd that all Surveys or Patents hereafter to be made or granted for the land or Plantation of any Deceased person the same shall be made & granted in the name of the Heirs at Law which nevertheless shall not Bar any that have Title by Dower or Curtisie or by the Will of the Deceased possessor: but that every Title or Claim shall stand good & strong in Law as they might or ought to have done if the Deceased possessor had in his life time Surveyed & taken out a Patent for the same in his own name.

EDW'D MOSELEY,

Speaker.

CHAS. EDEN,
N. CHEVIN,

C. GALE,

FRAN. FOSTER,

T. KNIGHT.

CHAPTER XXX.

An Act concerning Escheat Lands, and Escheators.

I. For the better securing and quieting her Majesty's Subjects of this Province in the Possession of their Land, We pray that it may be Enacted, And be it Enacted, by his Excellency the Palatine, and the rest of the true & absolute Lords Proprietors of Carolina, by & with the Advice and Consent of the rest of the Members of the General Assembly, now met at Little River,

for the North East part of the said Province, and it is hereby Enacted, by the Authority of the same, That if any Person is or shall be in Possession, by himself Guardian, or Tenant, of any Lands, by Purchase, Descent, or Last Will and Testament, that do or shall escheat to the Lords Proprietors, such Possessor shall be first admitted to inform and petition the Governor Deputy Governor, President, or Commander in Chief for the Time being, for a Writ of Escheat, to be directed to the Escheator General, or his Deputy, to enquire whether the said land doth escheat; and if the same shall be found, upon Inquisition duly taken, to escheat, the aforesaid Possessor, and no other Person, shall have a Patent for the same, paying after the Rate of Two Pence an Acre for the Composition thereof, and no more, be there Improvements more or less.

II. And be it Further Enacted, by the Authority aforesaid, That if any Person seized of Land in Fee simple, shall happen to die without Heir, or making any Disposition thereof by Will, whereby the said Lands do escheat to the Lords Proprietors, then they shall be granted, after the said Manner, and after the same Composition, to the Widow, or Widower, and if there be none such, then to the Father, and if there be none such, then to the mother, and if there be none such, then to the elder Brother of the half blood, and if there be none such, then to the Sister or Sisters of the half blood, and if there be none such, then to the nearest of kin to the Party deceased, and if there be no Kindred, then to any Person who, shall first inform and petition for the same.

III. Provided always, and it is further Enacted, by the Authority aforesaid, That if any Person that is or shall be in Possession of any Land in Manner aforesaid, by Descent, Purchase, or Last Will and Testament, that do or shall escheat; or any Person that shall have Right to inform and Petition for Escheat Lands in any of the before recited Cases, shall happen, through Ignorance, to omit the same; that then it shall and may be lawful for any other Person to give him Notice thereof, in the Presence of Two credible Witnesses at the least; and if he shall neglect to inform and petition for the same, in Manner aforesaid, to the Second General Court that shall happen after such Notice given, then the Person giving Notice as aforesaid, shall have the same Lands, paying the Composition as aforesaid.

IV. And to the End, that neither the Lords Proprietors, nor any of the Inhabitants of this Province may receive Damage for Want of an Escheator: Be it Enacted, by the Authority aforesaid, That as often as it shall happen that no person is appointed Escheator General by the Lords Proprietors some Person, of known Ability and Integrity, shall be Commissionated Escheator General by the Governor, Deputy Governor, President, or Commander in Chief for the time being, by and with the Advice and Consent of three or more of the Lords Proprietors deputies, with Power to Commissionate one or more Deputy or Deputies; and all Inquisitions that shall be taken as Escheator not commissionated as aforesaid, or without a Writ of Escheat first obtained, such Inquisition shall be null and void, to all Intents and purposes. V. And be it further Enacted, That the Escheator General. or his Deputy or Deputies, before he or they shall execute any Writ of Escheat, shall give public Notice Thirty Days before, by setting up a Note at the Court House Door of the Precinct where the Land shall lie, of the Time when he will execute the said Writ, to the End that all Persons concerned may have knowledge thereof; upon the Penalty of Fifty Pounds, to be paid by the Party grieved; to be recovered, by Action of Debt, in the General Court of this Government; wherein no Essoign or Wager of Law shall be allowed: And

all Inquisitions shall be taken openly and publickly in the Court House of the Precinct or County where the Land to be Inquired after shall lie, by the most ancient indifferent Freeholders of the same Precinct and County. And the Escheator General, and every of his deputies, shall suffer every Person to give Evidence openly in their Presence to the Jury, upon such Inquisitions as shall be taken before him or any of them, upon the like Penalty of Fifty Pounds, to the Person so grieved; to be recovered in Manner aforesaid; And all such Inquisitions shall be returned into the Secretarys Office within Twenty Days, at farthest, after they are taken; and if no Person shall prove himself Heir to such Land as have been found to escheat in Manner aforesaid, or any time in Seven years after the Date of the said Inquisition, such Person, and his Heirs, are and shall be forever barred and excluded from having or suing for the said Lands.

CHAPTER XXXI.

An Act for the more effectual observing of the Queen's Peace, and Establishing a good and lasting Foundation of Government in North Carolina.

I. Whereas several Revolutions have heretofore happened in this Colony, which were fomented and carried on by factious and seditious Persons, to the great Loss and Damage of the Inhabitants thereof, and to the repeated Breaches of her Majesty's Peace, and Violation of the Loyalty and Obedience due from Subjects to their lawful Sovereign and Superiors; and what most nearly has concerned us, are the late unhappy Dissentions among ourselves in this Colony, whereby Injustice and Oppression took Place and Overspread our Country, our Trade decreased, and daily differences and Animosities increased, to the Ruin of Religion and our Liberties; since which it has pleased God in a great Measure to influence us with a deep, Concern for our Calamities, and put into our Hands a Power and Resolution of removing these threatening Evils and Dangers, and for the future to procure a happy Restoration of Peace and Tranquility amongst us, by making such good and wholesome Laws whereby Religion and Virtue may flourish, our Duty to our Prince and Governors be put in Practice and maintained, our Laws, Liberties and Estates preserved and kept inviolated, and Justices and Trade encouraged:

II. We therefore, the Commons Assembled, do pray that it may be Enacted, And be it Enacted by his Excellency the Palatine, and the rest of the true and absolute Lords Proprietors of the Province of Carolina, by and with the Advice and Consent of the Members of the General Assembly, now met at Little River, for the North East part of the Province, and by the Authority of the same; And it is hereby Enacted, That any Person or Persons who shall, at any time after the Date hereof, speak any seditious Words or Speech. es, or spread abroad false News, write or disperse scurrilous Libels against the present Government, now lawfully established, disturb or obstruct, any lawful Officer in the executing of his Office, or that shall instigate others to Sedition cabal and meet together, to contrive, invent, suggest, or incite rebellious Conspiracies, Misdemeanors, Riots, or any Manner of unlawful Feuds or Differences, thereby to stir up against, or maliciously to contrive the Ruin and Disturbances of the Queen's Peace, and of the Safety and Tranquility of this Government; the said person or persons so offending, shall, and are to be reputed as utter Enemies to the Queen's peace, and the

Welfare and Good of this Government; and shall be punished accordingly, by Fine, Imprisonment, Pillory, or otherwise, at the Discretion of the Justices of the General Court; who are hereby impowered to hear and determine the same: And the said person or persons so offending as aforsaid, shall be compelled to give good and sufficient Security for his or their good Behaviour during the Court's Pleasure; and be incapable of bearing any Office of Profit or Trust in this Government, for the space of Three Years, or according as the Demerits of the Crime shall appear before the Judge thereof; And if any Person or Persons shall at any time hereafter, know of any such Evil Practices as aforesaid, and shall conceal the same, that then they shall be punished in the same Manner as if they themselves had, committed such Crimes.

III. And for the further Prevention of such traitorous Conspiracies and Rebellions against her Sacred Majesty of Great Britain, her Crown and Dignity, and the better to distinguish and prevent any disaffected Ministers or Officers, either Military or civil, from acting, or being tolerated, commissionated, or impowered to act in Possession, hoid or remain to act by Virtue of any Commission, deputed commission, or any Power whatsoever, until the said Person, whoever he be, has first qualified himself according to the strictness of the Laws of Great Britain, now in Force:

IV. Be It Further Enacted, by the Authority aforesaid, That What Per son soever, shall act in any Place of Profit or Trust as aforesaid, without being so qualified, shall forfeit the sum of One Hundred Pounds; to be recovered by Action of Debt, Bill, Plaint, or Information, in any Court of Record within this Province: One Half to the Governor or President for the time being, for the support of the Government, and the other half to him or them that shall sue for the same; and shall forfeit his Right to the said Place or Benefit. Provided, That all Military Officers may take the Oaths in Order to their Qualification, before any one of the Members of the Council, or of the General Court, who are hereby impowered to Administer the same, and give them Certificate thereof. And moreover, what Person or Persons, who hereafter shall alter, equivocate, add to, or diminish, any Word, Part, or Clause, of the Oaths appointed to be taken by law, shall be deemed and held guilty of Forgery, and high Crimes, and shall be punished accordingly.

V. And whereas, this Province is annexed to, and declared to be a Member of the Crown of England; yet, notwithstanding Disputes so often arise concerning the Laws of England how far they, are in Force in this Government; and it appearing by the Charter, that the Powers therein granted of making Laws, are limited with this Expression, viz.: "Provided, Such Laws be Consonant with Reason, and as near as may be, agreeable to the Laws and Customs of our Kingdom of England." From thence it is manifest, That the Laws of England are the Laws of this Government, so far as they are compatable with our Way of Living and Trade:

VI. Be it Therefore Enacted, by the Authority aforesaid, and it is hereby Enacted and Declared, That the common Law is, and shall be, in Force in this Government, except such part in the Practice, in the Issuing and Return of Writs, and Proceedings in the Court of Westminister; which for want of several Officers, cannot be put in Execution; which ought to be supplied by Rules of the General Court of this Government, being first approved of by the Governor and council, which shall be good in Law, from Time to Time, till it shall be altered by Act of Assembly.

VII. And be it further Enacted and Declared, by the Authority aforesaid, That all Statute Laws of England, made for maintaining the Queen's Royal Prerogative, and the Security of her Royal Person, and Succession of the