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V . i f. in North- t a nLEIGII, (N. C.) PUIDAt, FEBRUARY )&, 1826. VoL XI o. 7. And Gazette XtiVc ot JCotWi CatxAina. iaui 1819. for Tixv , (BY AUTHORITY.) i Act prrKriUnf the manner of MeMing Until 1a tfci State uun. 8 it enacted by the General Aitcnblv ef the State of forth fyrolUa, and it i hereby enacted by the authority of the law, jbat the Justices f Ihe Pr ace appointed totake the list of taxa ble property, within the several eountiea. in this State, according totha directions of the actef uitmMr passed in the year one thousand eight hoadred and. one, entitled " an act to fit a uni form time for taking the list of taxable property throughout the State" and lor eniorciog the collection 01 a axe, anau auer giv- sers udr the said act, wd It aha!! be the doty ef said ess ore to torn'uh such ctpy, for which ktaball be paid s m wt eicaediDtte a dollar i And the Clerk ahall furauh each Jr tic f the Peace mppoiated tt take the listof-uxable property it his eouoty with an abstract of aaid copy, He w ing the assessed value of each tract of lead in the district lor which theaid Justice ahall he appointed to take the list of taxable property, VHP Beit further enacted, That the Orke of the aeveral County Courtsstisfl, within thirty days eftcr the board of appeal have finished its session, deliver to the Sheriff of-their repectivt Countie a fair and accurate-copy of the returns made in alpha betical order, and ahall annex to the situation f each feW property, tbe amonat of taree due thereon, ad in case of failure thereof be a nder the se rules and penaltie aa are already nreaeribed bv law t and the respective Sheriffs shall proceed, i after the first day or April io each amfcetery year, to collect ihe 4 ... f . r .. i. - L. - C.t saia taxes ana enau account iwtwvuDrwi w uvi da of October, in each and every year, der the tame ruieVf .nrdac notice thereof according to the direction ot the belore raited act, i equire each and every person or persons liable to land. tax or lease or otherwise, td list each and every tract J ' ... . . . . ..1.:- ... mam. Urn law tu-vrlKfl Ainumber or acret oeach separate tract, tu local .uiution rrguu'-n, ...n.t. , 2it reasonable value including the improvrment. thereon : IX. Be U further ectJ, That if any peraoo ewinj land ' .... a. . r ... ; . .. .k: t. an nun rlln hall tall tl indOuardiana of Minora, Lin nauca ano pemona non compos ; -"j v'" . , 1 ' .... i ..... r .. . r ...i... U UmB.ll nr mirat tn thai Jiictir nnnintpfl 1A araa aan or clul u s1 J -if mnti$ shall in like manner list the lands of their inch Lunatic and person non eenpo mentis, and each and every nerson or persons liable and bound ta lit lands aa aforesaid, thill return the said list upon Oath or Affirmation aa the' case Btybe, ta it respecta the number of acres, and snail stfix the nlaetoeach tract of land including the unprovemeta theieon, conuined in natd list, not leas thaa the value affixed to the tame by the board of principal assessors under the last act ot Congress providing loriue assessment oi lanaa oi me uuuea siaies and it shall be the duty of the Justices of the Peace by whom the list of Taxable are taken, to return to tbe clerk of the court with his list of taxables the abstract ot assessment furnUhed him ij the deck ; And in all cases when by rtaeoa of improvements aide on the said lands since the said assessment was made or by any other cause, the Juatice receiving such list ahall be of opinion . aa t i s . that the saiu assessment is oeiow me real varae or aaiu lanu with it improvements, he shall appoint two free holders, acquainted With said land, to value aid land upon oath, and such persons shall receive a compensation for their services of one dollar each, for every day they may be engaged in valuing said laids to be paid by the ownew of lands; Frovided the valuation made by inch persons shall exceed that returned to the justice by the owner of the land ; and in case the valuation shall not exceed that returned by the said ownet, the compensation aa aforesaid thai I be paid by the county, tyovided, That when a tract ot laud shall be in two or more counties tbe person shall be bound to list the same in the county where he or she resides, if he or ihe resides in either of tbe counties, and if not then lie or fehe wv list the same in either of the said counties : and m case of transmitting a list of taxable property from the county in which I . i . ? a l A x aL a... . tie person bound to tin u resiues, to mat in wnicn me property feiituate, the oath required to the list may be taken before any nigtstrate or the county in wnicn tne person Douoa to return Q tame resides. 1L And be it further enacteS, That at the term of the courts of fftaiand Quarter Sessions to which the Una of taxables are re turned, the said court not less than seven Justices being present, ihiH appoint three respectable free holders, is a board of appeal t whoor, the Clerk of said court shall deliver the lists of uxa Wei returned to his office; who before they enter on the duty in'tpied them by this act, shall take an oath before some Justice ettne peace, to mscnarge saia amy to me best ot their judgment and ability : saiu ooaro snail meet at tne uourt House on the Monday following said court, shall hold their sittings on every hj of that week unless the court shall limit tneir sitting to a less bomber of days, and shall bear the complaints not only of those who teel aggrieved by the valuation athxed to the lands return ed hy them for taxation, but also the complaints of anv other person ho ahall represent that Justice has not been done to the State dy the reason of the low assessment of the lands of any per- ion; sucn board snau nave power to administer oaths, may require the oath of the complainant, shall affix such valuation to any lands or Town lots as they believe just as well from their own knowledge of such lands and town lots as from the evidence ad- doted before them, shall return their valuations to the clerk of the court, and such decision bliall be final; said board shall receive treasonable compensation not less than two dollars per day to ocuiowea oy me court appointing mem, anu do paiu 07 tne voanty Trustee. . ill. Be it further evaded. That the clerks of the respectire Courts of P eas and Quarter Sessions in every county, shall by public advertisements notif y the inhabitants of their counties of the term to which the lists of taxahles will he returned. ind (hat the board of appeal will meet at the Court House on the Motiday following said term, and of the number of days said board will set to bear appeals. IV. And be it further enacted, That every person appointed a tnsmber of the board ot appeal and failing to attend and actio ?ch appointment, unless unable to attend, shall forfeit one hun dred dollars, to be recovered in an? court having jurisdiction thereof, and the vacancy in the board shall be filled by the re maining members. V; Beit further enacted, That if any person holding lands ratlV martlian nf Minnr. T.unntir. or ncrmin noil foinimj mm. H llnllfail to lit 4ait lunia wViirK Hi1 ia bnunrl to lief Kv thta ntt. V. . . .. .. y . . A or me srmi pay a double tax, to be collected by the ahentt vioi niB or her property by distress or oiher mode heretofore tiled in such cases, and the lands of a Minor. Lunatic or nerson compos mentis, shall in no case be liable to be sold for Mies, 'Vl Be ii further entrteil. -That fli Jnsf 5.-pb annninteil as aTnrn aia stiall make out a fair cony oflhe list of lafids by tliem ta I Cn in a!nhKoiml nnlr. nitk the nnmhni- nf a pro a nrwl vnlnatiAn 'nsexed, and return the same together with the list of other ratable Oronppfo hv thorn rtrn. tn th Plprk nfthf Cmintc Pnnrf , . . I -J ' . j V vine Pext SucceedipiT Court: whioh mar hannpn Alter thn'timA Crcnbpd by law for taking the list of taxable property; and j " clerks of the several County'Co jrts, arc hereby required, un- - "ie same penalties, regulations and restrictions as are airea tif 'awt!joioedj, to return to the Comptroller on or before - - mat .rc.i 1 u . j 41 y -j ui oepieiiiuei , in eacn ana every suvlccuuik car trfV ' an bstfact,of such lists shewing the number 01 acres 'anM 80 liatedrth vntimfmn thrnf nit th vnlnatifin nf town ' which shall be coctained on said lists. fthe Cle yu Be it further enacted. That it shall be the duty of each aW 8 w County Courts in this State, who have not I d! undcr lbate act of Congress for laying and collecting tonv rtax for the district in which his' county he situate for a v lle valuation ot lands in said county made by the asses take the list ef taxable property in the district in which the land of such, owner or non resident may be situated, a list of his or ber latSd with the number ol acre and their valuation in man ner herein before prescribed ; it shall be the duty of the said Justices to appoint a free holder acquainted with the lands to value the same on oath, within five davs and return the valua tion to the said Justice : And the said freeholder shall receive a c ompensatitrn of one dollar for each tract hy bim valued to be tavied and collected by the Sheriff at the time he-collects the tax es on said land, if not previously paid by the owner, end under' the same rules, regulations and restrictions. X. Beit further enacted, That where any person shall have failed either by himself, agent, or guardian to list his, her or their lands and the Justice appointed to take the list of taxable pro perty shall have failed to have the same assessed according to the provisions aforesaid, it shall be tbe duty of tire sheriff' within the time prescribed for collecting taxes, to summon one freehold I er near to or acquainted with the lands, whose uuty it snau oe within five days after such notification, to value said lands on oath which oath the Sheriff of his lawful deputy is hereby authorized to administer : And it shall be the duty of such freeholder summoned as aforesaid to transmit under his hand a fair trans cript of such valuation to the Clerk of the County Court at or before the succeeding County Court and also to driver to the Sheriff another transcript of the same within ten days after the valuation aforesid, and that the said freeholder shall receive a compensation for his services as assessor of one dollar for every tracj, orland by him assessed to be levied and collected by the Sheriff at the time he collects the taxes on said land if not pie- viously paid by. the owner; and the lwk ot the County Court shall incorporate the returns made by the freeholders aforesaid with thr-a made by theintices. A I. job ttjurther enaezed, I hat the valuation oi lands anc their improvements as required by this act, shall be. made in dollars and cents : and the lands liable to be aold for taxes shall be sold ander the same rules, regulations and restrictions as are by law established ; and town property shall be given in and assessed n the same manner as prescribed in this act tor otner real estates. XII. Beit further enatted. That any person summoned or ap pointed by the Justices or Sherifls, as aforesaid to value lands, who shall relus e or fan to perform tne aunes3 requires oy inn act ahall forfeit and pay the sum of fifty dollars to be recovered in the name of the County Trustee to the use of the County. An Act prescribing the mo3e of surveying and selling the lands lately ac- euired bv Treatv irom ine unerosee mutant. BE it enacted bi the General Assembly of the State of JVorA Carolina, and it is hereby enacted by the authority of the same, That aa soon as may be convenient, alter the passage ot this act, tne iiovernor snau appoint two commissioners wnose duty it shall be to superintend and direct the manner in which .1 i 1.. 1. .1 .11 1 1 1 . ila i 1 tne saia lanas snau oe surveyeu ana iaiu uu 11110 stcnuus con taining from fifty to three hundred acres of land : That they shall further cause the principal surveyor to note down in each of the said sections the quality of the land contained therein, stating that it is ot the first, second or third quality i and in all cases where it can be done with convenience, or the situation of the land will admit of it, such portion of the adjoining mountai nous lands shall be included 111 each section as may be deemed sufficient for buildings, fences, fuel, and other necessary im provements. II. And be it further enacted, That one principal surveyor of skill and integrity shall also be appointed by the governor, with full power and authority to appoint as many deputy surveyors, chain carriers, and markers, and to employ as many pace-horses as may be thought necessary to complete the said survey in the most speedy and effectual manner tor whose conduct the said principal surveyor shall be responsible. And the principal sur veyor snail give bond and security in the sum ot ten thousand dollars, payable to tke Governor for the tim being, for the faith ful discharge of the several duties imposed by this act. It shall further be the duty of the said principal surveyor, under the direc tions ot the commissioners aforesaid, to cause each section by him surveyed, to be measured and marked, and the corners to be clearly designated on trees, or otherwise, with the number of each section. III. And be it further enacted, That etch surveyor shall note in his field hook, the true situation of all mines, springs, mill seats, and water courses oyer which the lines he runs shall pass, and those contiguous thereto : That the said field hook shall be returned to the commissioners, who shall cause their Principaf Surveyor therefrom to make a description of the whole lands surveyed, in three connected platts, one of which when complet ed, shall be transmitted to his Excellency the Governor) one to the Secretary's office, and the other lodged and recorded in the clerk's office of the county of Haywood. IV. And be it further enacted, That it shall be further the duty of Said commissioners to ascertain and fix upon some cen tral and eligible spot for tan erection of- the necessary public buildings, whenever that section of the state may be erected into a separate county, and that four handret! acres surrounding the said scite, shall be reserved for the future disposition of the Le gislate e. . V. And be it further enacted, That no portion of said lands shall be surveyed and laid off into sections, except so much thereof as in the estimation of said - commissioners will sell for fifty cents per acre $ and that the residue of said lands shall be reserved for the future disposition of the Legislaturer and that no part or portion thereof shall be liable to be entered in the en try taker's books for the county of Haywood, or elsewhere, un til provUiocs he made by law for the dU petal thereof j and en tries heretofore made, or grant .obtained, er which nay hereaf ter be made otherwise than as provided by thia act,bt and tie . unt art here'ry detlared to he utterly void and of cone effect. VI. Andbeit further enact rd. That the Governor oa receipt T th platts and draft bcrriAfore. provided for is mis act, shall ,. Rive notice by proclamation iq all tke Newspapers published id the city n H Leigh, and in such other papers in the sdjoiuicg state of SootU-Caroliua, Georgia, Virginia, aad Tennessee, ef the time aad place of tale as he mayyieem advisable,' which ia 00 ease shall be less than two ifaonthsfrom tbe dltl of 1bo " tice, that the said land shall be exposed at piiblUf aala f e the higbeat bidder et Waynesville, in tho county oi (lajweodi iowjer. the auperiatendanee of the said Commis&lonera 1 and the Sale shall be kept aptn for tke space of two weeks and bo longer ' VII. Andfje H further enacttd, That the said commbajpners shall require of .each and every. purchaser to pay down at it ' time of eaier -ghch part of the parcBaae money, end shall take bond nd security for the payment of the BalrtW in the fol lowing eaeUllmeata, vij : The balance of one fourth a the ex-, piration of twelve months', one other fourth at the eplratIon.af -two year, one other fourth at the cad of thre years, avud the re- -maininir fourth at the end of four years; aid ia no instance shalf- a grant ongi at,iue to the purchaser, until the whole of tbt purcnaie tBMier7c,paia ia iuui apu ..iu case or laiiore.te pay the whole wbca de. and the money cannot be obtaiced bv a1 ' Judgment en fieir bopd. then and in tlt cae the land shall re '. vcri 10 ioc iiiit, iQu bc ntun iigwu w bc iuiu wr uie 1110 . ana . ' benefitof the state.' , v . s v1-" VIII. Amibt- it further encuThat ii"durini the tima'o said sale, any section of land noted to be of the first ouaJirv- shall not command in tbe market the sum of four dollars pet fV ere. the said commissioners shall nostoone (he al nf urK - tion until further directed by the legislature t and in. like ahanv ner lands of the second quality not commanding three deflari, and lands of tke third quality, not commanding two doIlri shall , be postponed as aforesaid, and report thereof made to tbe Go vernor. . ' i- ' A"- , IX. And be it further enacted, i That the said shall each receive per day, during tiit time of their performing ' ? the said duties, the sum of five dollars, the principal- Surveyor me fuoi 01 nv.e uoiiars, anu nia assistants eacn the sum . Of (our daltars ; each chain carrier and marker, the sun of twe doHers. " ana eacn man wiid a pact norse, iwoaoliars and! filij cents ; ,' - wsavj isu vii ui tiini ucauug men uvTU CipCDCCaa (l fr. . - J r- X. And be it further enacted, That the said comrissfcn era shall give to each purchaser a certificate describing the', land bV hkra purchased, with a plat of the lot a id number ot the eectioii conformable to the plan returned to the Secretary's tffice; opoa , the production of which and proof of the payment: ff the for clrase money made to the Secretary by the Treasure? receipt, it ahall be the duty of said Secretary, to issue a gcant to tbi' purviiaser lor iMcsaiuioi 01 iaaa in tne uaoal 4d cbmmou form. . . XI. ni be it further enacted, That, each commissioned sjll give Donu uu . security, pay aoie to me Movernor and hiiusacccs sort in office, iu aheaum of eighty thousaad dotlamwWKIHM mi discharee ot tne cvmi uQues irn5oedon them bv this act. XII. And be it further enacted, That the bonds to bo tsJteu by the said commissioners for securing the balance of tbe .pur chase money shall be by them lodged with the Treasurer, el the state and they shall take from him duplicate receipts, one of which shall be filed with the comptroller, who shall thereupon raise an account with the obligors. XIII. And be it further enacted, That the slid commissioners shall render an account upon oath, to the Comptroller of aU mo nies by them received from purchasers on the several days of , sale and pay the amount thereof,into the Treasurer's officii at as early a period as possible after the aaid sale are oyer. . XIV. And be it further enacted, That until tbe eaid section . of country is laid off into a separate and distinct county, it shall be and remain subject.to the Jurisdiction of the county f Hay wood and form a part thereof. -f, -i' XV. And Be it further enacted, That it shall e the . ' ty of the Governor to instruct the said commissioners aa to the, money or Notes of Banks other than those of this State which shall be received in payment of said Ind. ',---K..'iU:J-''-. XVI. And Beit further tnacted, That, if tny cVcnaser' shall be disposed to pay the whole of the purchase money or My particular enstallment in advance, the Treasurer 6r the Com missiouers are authorized to receive tbe same, and he shall be allowed a Discount at the rate of eight pr, Centum per Annuo on such advancement. . ,"- XVII. And be it further enatted. That the Governor kits ' and he is hereby autboriced to draw on the Treasurer for thei, sum of three thousand dollars to be paid to the cbmmTssiohers ti enable them to commence the said business, and by them' to bo applied towards paying charges and expenses trident' to thei rs performance of the duties enjoined on said commissioners, anQ tor which the said commissioners shall give the 8at credit ora the final settlement of their Scconnta. v -sS&i$tH'Z XVIII. Beit enacted by the authority aforesaid, Tbtt tith arid every purchaser of any section, or sections of said land, having obtained a certificate from the commissioners as hereto- ' fore provided in this act, his heirs and assigns shall hate jfufl power and authority to institute an action of ejectment ia tbcv name of the State of North Carolina, against any person or per sons, who may be in possession of such section of land, and snail , on application refuse to deliver up quiei and. peaceble posses-, sion thereof. And tbe certificate of the Commissioners to sucfV " person shall be evidence of title and right to Justam said attion1 , unless it shall appear to the courr before whom suck acUon is ' tried, that said purchaser has forfeited his right under laid pur chase as in this act provided. Provided, the said purchaser shall give bond and security for the payment of all costs' accru ing in said action in case of his failure to recover. ? s; - " An Act making proviiiori for running (he boundary line between tnlsSWat and tbe State of Tennessee. - - - r Whereas it il essential to the interest of this State in the dit posal of the lands lately acquired by the Treaty from the1 Indians, and to the continuance of the good understanding now. happily- v. subsisting between this State ami the. State of Tennessee, that i the boundary line be twee the' two States should &e cturatel ' run, distinctly tnSTked, hnd permaheotly established. , Beittherrfdrefnacted by theOentral Atstttiblycfthl Stall ofJVorth Carolina, andit is hertby inactti Ig the ttutkariXU oftkt t same, That the Governor shall and be is herebj authorized to ap point three commissioners totneet the commissioners who ml hi - appointed by the State of Tennessee, at such timet place M may; by the said commissioners or by majority of thole tepresentin the rcspectire States, V agreed n. and with the in to settle, fuu, 1 i -1 1 ' '. . . t t r i 4i; " 1! nr f-'. si r 1 in f , .1 t f t. h 1'
The North-Carolina Star (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Feb. 18, 1820, edition 1
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