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Vol IV. , . Tuesday Janoky 25, i8og; J No. 171.
LAWS OF NORTH-CAROLINAi
Pajfed at tht lata Sejjion qf the General Jjjcmbly.
Aq Ai for the relief 'erf the Tafciirora Nation of Indians.
WHERIE A3 the Indians cornpofmg the Tufcarora Nation,-, have? by their
Chief Sacarufand others, regularly deputed' anauthorifed,requetted the con
currence of the General :AffemHly.o(-this State to enable them to- Ieafc or de
mife, for a number of year, the refidue of their lands htuatemthe county pf Ber
tie, in -fitch manner that the whole of the leafeson faid land fheli terminate at-
the-fame periods .
Be it cnaftcd'by the General Ajfembly of the State of North-Carolina, and it is
hereby enaHed By the authority of iht fame, That the faid Chief Sacarufa, Long-.
board and Samuel Smith, or a majority of them, be, and they are hereby autho
rifed to leafe and to farm let,, the uftdemi fed refidue of the lands alloted to the
Tufcarora Nation in Bertie county, for a term of years that fliali expire and
end when the leafe made by the Tufcarora Nation to Robert Jones and others,
in the year one thdufand feven hundred and fixty-fix, fhaU end and expire, and
alfo extend the terra dr terms of the leafes already made or granted for a fhorter.
term, to a term or terms which mail txpireat the fame time with the faid leafe
inacie'in the year one thoufand feven hundred and fixty-fix, in fuch parcels and
on fuch rents and conditions as may be approved by the Ccmmflioners ap
pointed in purfuance of this a9, and which may bcil promote the intereft and
convenience of the faidIndian Nation. ;
And whereas fome difHcul ties have arifen refpe6ling the receipt and payment
of the rents; oh fo.mc of theprefent leafes,
II. Be it further enacted That the faid Chiefs, or a majority of them, be, and
they, are hereby authored to make fuch alterations, by covenant or agreement,
refpe&ing the payment and receipt of any of the rents due, or that may become
due on any of the exifting leafes, as the CommifTiohers appointed in puriuauce of
this aft, or a majority of them, mall approve.
" Whereas the faid Indian Chiefs are ignorant of the ufual forms of bufinefs, and
may want advice and affiflance in tranfa8ing the b u line fs re fpe cling their lands,,
for remedy whereof, and to prevent their being injured,
11. JSC-It jlirinZT CTIUIIZU) limi inu v?uri.i man ouau iwiv. wvjiiJiiiij j-
ners for the purpofe of carrying the provision's of this ac into effect ; and no
lea(e, grant, dernife, covenant or agreement made by faid Indian Chiefs as afore
said re fpecing faid lands, or the rents, thereof, (hall be good or valid in law, unlefi
the fame mall be approved by faid Cbmmiflioners, or a majority of them, and
fupprobation fliallbe exprefied in writing, and annexed or endorfed on fuch
leafe, covenant or agreement, and regiftered in the Regifter's office of the county
of Bertie, together with faid leafe or agreement; and the faid Commifiioners fhall
receive the fum of twenty -five fliillings per day for their compenfation, and ex
dences, to be paid out of the monies received by the faid Chiefs on leafing faid
lands. ' - 1
IV. And be it further enacted. That the occupancy and poficfiionor the te
nants under the faid leafes, heretofore confirmed by ac or afts of the General Af
fembly, and fuch leafcs-as may be made under this act, (hall be held and deemed,
in all cafes whatfoever, the occupancy and poffeffion of the faid Tufcarora Nation,
to all intents and purpofes as if the faid Nation, or the Indians thereof, or any of
them, a&ually relided on faid lands. , -
Whereas the faid Chiefs Sacarufa, Longboard and Samuel Smith, being dury
and fully aiithSrifed and empowered by the faid Tufcarora Nation, have con
fented that the Indian claim to the ufe, poffeffion and occupancy of faid lands,
fhall ceafe and be extinguifhed, when the faid leafe made in the year one thou
sand feven hundred and fixtv-fix, to Robert Tones and others, fhall expire.
V. Beit enacted, That from and after the twelfth day of July, which fhall be
in the year one thoufand nine hundred and fixteen, the whole of the lands al
loted to the faid Tufcarora Indians, by an a& of the General Affembly pafied
at Tsfewbern, on the fifteenth day of OBober, in the year of our Lord one thou
fand feven hundred and forty -eight, fhall revert to, and become the property of
the State, and the Indian claim thereto, Ihali, trom that time, be held and deemed
forever extinguifhed. ! '
VI. And be it further enacted That after the faid lands fhall revert to the
State, if the fame, or any part thereof, fhall be vacant, the fame fhall not be lia
ble tp the entry or entries of any perfon or perfons, without an exprefs at of
the Legiflature to that efiedl : Provided always, That it fhall not be lawful for
any perfon or perfons to make any entry or entries on the faid land, after the oaf-
fing of this act : Provided always, that nothing in this act contained, fliall be
conflrued fo as to effeB the title of any individual: Provided neverthelefs, That
no lot or parcel -ot -'lands laid ott under tne direction ot laid Commmioneis, fhall
fcxeeed two hundred acres : And provided further, That no leafe fhall be made
but by public auction, of which due notice fhall be given in the Halifax and
Edenton newfpapers. '
An Att to prevent the vile prattice of Duelling within this State.
BE it enacted by the General Affembly of the State of North-Carolina, audit is
hereby enctted by the authority ofthejame That from and after the paffing of this
al, so perfon fending, accepting, or being the bearer of a challenge for the pur
pofe of .fighting a duel,, though no death enfues, fliall ever after be eligible to any
office of truuY honour oc profit in this State, any pardon or reprieve notwith
ffduding ; and fhall further be Viable to be indicted, and on convi&ibn before
of the courts in this State having cognizance thereof, fhall forfeit and pay
a fum not exceeding one- hundred pounds to4he ufe of the State. :
1 1. 1 And be it further enacted, That if any perfon fights a duel in con fequenee
oja "challenge lent or received, and either of the parties fhould.be killed, then
the fiirvivor, on conviBion thereof; fliall fulfer death without benefit of clergy ;
and all their aiders or abettors fliall be confidered accefTorics before the faft,
fliclion of all debts and demands of twenty-five pounds and under, agreeable to
the reltrtclions of the before recited a8, Provided always That the" lame ftay of
execution on fums from twenty to twenty -five pounds, fh?ll be the lame as is
provided for fums between ten and twenty pounds In the before recited a& And
whereas executions arc not made returnable on any certain day from the iffuing
thereof, whereby great injury often refults to the party recovering, bf reafon
of conftables neglecting to perform their duty ; therefore,
I I; Be it enacted, That from and after the aforefaid firft day of May next, aU
exefu6ni iffiied.by a juftice of the Peace, fhall be made returnable in the fame
time as is 3rovided fox the return of warrants in the before recited a& j and when
any execution fhall be returned not fully fatisfied and difcharged, it fliall and may
be lawful'for any Juftice of the Peace of faid county, to iffue another execution
for the fum fo remaining due on the former execution.
Aud whereas doubts have arifen how recoveries may be had upon judgments
had before Juftices of the Peace of twelvemonths uanding, where execution
hath not iffued ; for remedy whereof, ,
III. Be it enacted That where judgment fhall be had and execution not ifTued
within twelvemonths thereafter, it fhall be lawful to fue for and recover the
fame by warrant, before a Juftice of the Peace, and that the former judgment
fhall be eviienc"e of the dept, fubje6t to fuch deductions as the defendant may
make appear on trial to baye been pid, in full or in part of faid former judgment
IV. - A nd be it further enacte d, That whenever it fhall hereafter happen that
judgment fhall be entered againft either plaintiff or defendant, he, fhe or they
not being preient, that at any time wunin ten days alter luch judgment, the
perfon or perfons againft whom fuch judgment hath been given, on making
oath before any Juftice of the county where futh judgment may be entered,
that he, flie- or they was or were prevented from attending on the day of trial by
bodily infirmity, miftaking the day of trial, or other fuflicient caufc, and that he,
fhe or they are likely to be injured by fuch judgment, that then and in that
cafey it fhall and may be lawful for fuch Juftice to grant an appeal to the nexi
county court, or.ftay of execution, on fuch perfon 01 pe fons entering into bond
with fuflicient fecurity, as in other cafes of granting appeals or flaying of execu
tion from the judgment of the Juftice ; and it fhall alfo be the duty of fuch Juf
tice, to give to the party craving fuch appeal, a written order to h ConftaDle,
or other perfon having fuch judgment in his or their hands, commanding him
to return faid judgment, together with fuch other papers and documents as may
j be in their hands reiative to fiich judgment, to him the faid Juftice before the
I next county court ; and alfo commanding Pad officer to give notice to the party'
in whofc favour fuch judgment hath been given, of an appeal being granted
thereon; and that it fhall be the duty of the Juftice, on receiving fuch judgment
andother papers, to make return thereof, together with the appeal bond and af
fidavit of the party craving Xuch appeal, to the nextenfuing court of his county,
to be tried as other appeals from Juftices judgments.
V. And be it further enacted, That all forfeitures and penalties incurred by vir
tue of the General Affembly not exceeding twenty five pounds, fhall and may be
received by warrant before any Juftice of the Peace, any law to the contrary
notwithstanding. - 1
An Act to amend anatf emiibd An aa direaing the mode of rec)oveiihg debts of twenty
poundsand uniei. ' y P .
,n and after: the ilrft Mv of May ncJUfticcs of the place nMha iurif'
An Aft to amend the Quarantine Uws of this State,
WHEREAS by an aft of the General Affembly, paffed in the year one
thoufand feven hundred and ninety-three, it is made neceflary that three Com mi f
froners of Navigation, or three Juftices of the Peace, fhould iffue the neceflary
orders, commanding any veffel having a contagious difekfe on board, or com
ing from a place where fuch difeafe prevailed, to perform quaranti ne. And
whereas it iometimes happens, that neither three Commiflioners, nor, three Juf
tices of the Peace, can be conveniently, and in time, procured for the purpofe of
enforcing the above recited act, whereby the fame is frequently evaded j for ie- ,
medy whereof : f
Be it enacted ly the General Affembly of the State of North-Carolina, and it is
hereby enacted by the authority oj the fame, That from and after the pahing :f
this aft: it fhall and may be lawful for any one Commilfioner of Navigation, w itbk
tv6. Juftices of the Peace, or any one Juftice of the Peace with two Comioifli
oners of Navigation, to enforce and caufc to be, executed the abave recitedact,
fo far as regard the iffuing of orders to compel veffels to peifptm; quarantine.
II. And be it further enabled, That, firjm and after the paffi
'Commiflioners of Navigation in the feveral ports of this Stateballibe and they
are cereny autnoniCQ ana ernpowerea to appoint rort- rnyiicians, and wi re
fate and prefevibe the fees to. which they fliall be refpeclively entitled, accord
ing to the different quarantine flations which they fhall be bound to attend for
the purpofe of infpefting veffels, as required by the before recited aft, -and
giving certificates of their fituation and condition in regard to the health f their
refpective crews and paflengers. 1 , t .
An oft to fix the permanent refidence of the Governor of this State.
BE it cnafted by the General Affembly of the State of North-Caroline? and
it is hereby enacted by the authority of the fame, That from and afterthe paffing of
this aft, the Governor for the time being, fliall refide permanently at die city of
Raleigh, during his continuance in office. - - - ' 1
II. And be it further enacted, lhat all acts and claufestot acts, coming'
within the purview of this aft, be and die fame are hereby repealed and 'made";
void. ' , v
An At to repeal the third feftion of an aBpaflVd at the tail feffion of Aiferably, entitled ;.
An act to continue in torce and to amend an actpauea tn ine year 1799, entiuci m, v
arecling the! Judges of the Superior Courts to meet together to fettle queflions 61
',1 lawlBrletiuitv arihng on the circuit, and to provide fQtihe trial of all perfons concerneti;
- 111 ywiiatu, UCUUh
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BEUedcteayjihe General Affembly of thtSitaUjoNorthrCarttina) 'cni'iffi'
recited act
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be, and ;thet fame is hereby tepealedand;inade voiti.r , jVV;:-
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