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Act of the Parliament of Great Britain to surrender the Lords Proprietors of Carolina's shares of Carolina to the Crown
Great Britain. Parliament
1729
Volume 03, Pages 32-47

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[Reprinted from Revised Statutes of North Carolina, Vol. II, Page 466.]
AN ACT FOR ESTABLISHING AN AGREEMENT WITH SEVEN OF THE LORDS PROPRIETORS OF CAROLINA, FOR THE SURRENDER OF THEIR TITLE AND INTEREST IN THAT PROVINCE TO HIS MAJESTY.

Whereas, his late Majesty King Charles the second, by his letters patent under the great seal of Great Britain, bearing date at Westminster, in the fifteenth year of his reign, did grant and confirm unto Edward, then Earl of Clarendon, George, then Duke of Albemarle, William, then Lord Craven, John, then Lord Berkley, Anthony, then Lord Ashley, Sir George Carteret, Knight and Baronet, Sir William Berkley, and Sir John Colleton, Knt. and Baronet, all since deceased, their heirs and assigns, all that Territory or tract of ground, situate, lying and being within his said late Majesty's dominions in America, extending from the North end of the island called Luckar island, which lieth in the Southern Virginian seas, and within six and thirty degrees of the Northern latitude, and to West as far as the South seas, and so southerly as far as the river St. Matthias, which bordereth upon the Coast of Florida, and within one and thirty degrees of Northern latitude, and so West in a direct line as far as the South seas aforesaid, together with all and singular ports, harbours, bays, rivers, isles and islets, belonging unto the country aforesaid, and also all the soil, lands, fields, woods, mountains, farms, lakes, rivers, bays and islets, situate, or being within the bounds or limits aforesaid, with the fishing of all sorts of fish, whales and sturgeons, and all other royal fishes, in the seas, bays, islets and rivers within the premises, and the fish therein taken, and moreover all veins, mines, quarries, as well discovered as not discovered, of gold, silver, gems and precious stones, and all other whatsoever, whether of stones, metals or any other thing whatsoever, found or to be found, within the country, isles, and limits aforesaid, and also the patronages and advowsons of all churches and chappels, which as Christian religion should increase within the country, isles, islets and limits aforesaid, should happen thenafter to be erected, together with license and power to build and found churches, chappels, and oratories, in convenient and fit places, within the said bounds and limits, and to cause them to be dedicated and consecrated, according to the Ecclesiastical laws of the Kingdom of England, together with all and singular the like and so ample rights, jurisdictions, privi

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ledges, royalties, prerogatives, liberties, immunities and franchises of what kind soever, within the country, isles and limits aforesaid, to have, use, exercise, and enjoy, and in as ample manner as any Bishop of Durham in the Kingdom of England, ever thentofore had, held, used or enjoyed, or of right ought or could have, use or enjoy; and his said late Majesty did thereby for himself, his heirs and successors, make, create, and constitute the said Edward, Earl of Clarendon, George, Duke of Albemarle, William, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, the true and absolute Lords and Proprietors of the country aforesaid, and all others the premises, (saving as therein is mentioned,) to have, hold, possess, and enjoy, the said country, isles, islets, and all and singular, other the premises, to them the said Edward, Earl of Clarendon, George, Duke of Albemarle, William, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns forever, to be holden of his late said Majesty, his heirs and successors, as of his mannor of East Greenwich in the county of Kent, in free and common soccage, and not in capite, or by knight's service: And whereas, his late said Majesty, King Charles the second, by other letters patent, under the great seal of England, bearing date the thirtieth day of June, in the seventeenth year of his reign, reciting the letters patent herein first recited, did grant unto the said Edward, Earl of Clarendon, George, Duke of Albemarle, William, Lord Craven, then Earl of Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkley, their heirs and assigns, all that Province, territory or tract of ground, situate, lying, and being within his said late Majesty's Dominions of America, extending North and Eastward, as far as the North end of Carahtuke River or Gullet, upon a strait Westerly line to Wyonake Creek, which lies within or about the degress of thirtysix and thirty minutes North Latitude, and so West in a direct line as far as the South Seas, and South and Westward, as far as the degrees of twentynine inclusive, Northern latitude, and so West in a direct line, as far as the South Seas, together with all and singular ports, harbours, bays, rivers and islets belonging unto the Province or Territory aforesaid, and also all the soil, lands, fields, woods, farms, lakes, rivers, bays or islets situate or being within the bounds or limits aforesaid last before, with the fishing of all sorts of fish, whales, sturgeons, and all other royal fishes in the seas, bays, islets, and rivers, within the Premises, and the fish therein taken, together with the royalty of the
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sea upon the coast, within the limits aforesaid, and all veins, mines and quarries, as well discovered as not discovered, of gold, silver, gems and precious stones, and all other whatsoever, be it of stones, metals, or any other things, found or to be found, within the Province, territory, islets and limits aforesaid, and furthermore the patronages and advowsons of all churches and chappels, which as Christian religion should increase within the Province, territory, isles and limits aforesaid, should happen thenafter to be erected, together with license and power to build and found churches, chappels, and oratories in convenient and fit places within the said bounds and limits, and to cause them to be dedicated and consecrated according to the Ecclesiastical laws of the Kingdom of England, together with all and singular the like, and as ample rights, jurisdictions, priviledges, prerogatives, royalties, liberties, immunities and franchises of what kind soever, within the territories, isles, islets, and limits aforesaid, to have, hold, use, exercise and enjoy the same, as amply and fully and in as ample manner, as any Bishop of Durham in the Kingdom of England ever thentofore had, held, used or enjoyed, or of right ought or could have, use or enjoy; and his said late Majesty, did thereby for himself, his heirs and successors, make, create, constitute and appoint them the said Edward, Earl of Clarendon, George, Duke of Albemarle, William, Earl of Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkley, their heirs and assigns, the true and absolute Lords and Proprietors of the said Province or territory, and of all other the premises, (saving as therein is mentioned,) to have, hold, possess and enjoy the said Province, territory, islets, and all and singular other the premises, to them the said Edward, Earl of Clarendon, George, Duke of Albemarle, William, Earl of Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton and Sir William Berkley, their heirs and assigns forever, to be holden of his said Majesty, his heirs and successors, as of his mannor of East Greenwich aforesaid, in free and common soccage, and not in capite, or by Knight's service, as in and by the said several late recited letters patent, relation being thereunto had, may appear; And whereas, the part, share, interest and estate of the said Edward, late Earl of Clarendon, of and in the Provinces, territories, islets, hereditaments and premises, in and by the said several recited letters patent granted and comprised, is now come unto and vested in the Honorable James Bertie, of the parish of St. John the Evangelist, in the liberty of Westminster, in the county of Middlesex, Esquire, of his own Right; and the part, share, interest and estate, of the said
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George, late Duke of Albemarle, of and in the same premises, is come unto and vested in the most noble Henry now Duke of Beauford, and in the said James Bertie, and the Honourable Dodington Greville, of Bulford, in the county of Wiltz, Esquire, the two surviving Devisees named in the will of the most noble Henry late Duke of Beauford, in trust for the present Duke of Beauford, and for the right honourable Charles Noell Somerset, his brother, an infant; and the part, share, interest and estate of the said William, late Earl of Craven, of and in the same premises, is come unto and vested in the right Honourable William now Lord Craven; and the part, share, interest and estate, of the said John late Lord Berkley, of and in the same premises, is now come unto and vested in Joseph Blake, of the Province of South Carolina, in America, Esquire; and the part, share, interest and estate of the said Anthony, late Lord Ashley, of and in the same premises, is now come unto and vested in Archibald Hutcheson, of the Middle Temple, London, Esquire, (in trust for John Cotton of the Middle Temple, London, Esquire,) and the part, share, interest and estate of the said late Sir John Colleton, of and in the said premises, is now come unto and vested in Sir John Colleton, of Exmouth, in the county of Devon, Baronet; and the part, share, interest and estate of the said late Sir William Berkley, of and in the same premises, is now come unto and vested in the Honourable Henry Bertie, of Dorton, in the county of Bucks, Esquire, or in Mary Danson, of the Parish of St. Andrews, Holbourne, in the county of Middlesex, Widow, or in Elizabeth Moor, of London, Widow, some or one of them; and the said Henry now Duke of Beauford, and the said James Bertie and Dodington Greville, as trustees in manner aforesaid, some or one of them, is or are seized in fee of and in one full undivided eighth part, (the whole into eight equal parts to be divided) of the premises, in and by the said recited letters patent, granted and comprized; and the same James Bertie, in his own Right, is now seized in fee, or of some other estate of inheritance, of and in one other full undivided eighth part; and each of them the said William Lord Craven, Joseph Blake, Archibald Hutcheson, as trustee for the said John Cotton, Sir John Colleton, and the said Henry Bertie, Mary Danson, and Elizabeth Moor, some or one of them, is or are respectively seized in fee, or of some other estate of inheritance, of and in one other full undivided eighth part, of and in the said Provinces, territories, and premises, islands and hereditaments; the remaining eighth part of share of and in the said Provinces, territories and premises, which formerly belonging to the said Sir George Carteret, being now vested in the right Honourable John Lord Carteret, Baron of
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Hawes, his majesty's Lieutenant General and Governour of the Kingdom of Ireland; And whereas, by a Judgment or Order of the House of Lords, made the twentyseventh day of March, last past, upon the appeal of the said Mary Danson, Widow of John Danson, Esquire, deceased, from a decree of the high Court of Chancery, made the seventh day of November one thousand seven hundred and twentyone, and from a subsequent order of the fifteenth day of January, one thousand, seven hundred and twentythree, it was ordered and adjudged, that the said decree and subsequent order, complained of in the said appeal, should be reversed; and it being offered on the part of the appellant, to pay the respondent, the said Henry Bertie, the money that he paid for the purchase of the Proprietorship, in question in the said cause, together with interest for the same, it was thereby further ordered, that the Court of Chancery should direct and cause an enquiry to be made, what was the principal sum of such purchase money, and from the time of payment thereof, to compute the interest for the same; and on the appellant's payment of what shall be found due for such principal money and interest, to the said Henry Bertie, it was further ordered and adjudged, That he shall convey the said Proprietorship, to her and her heirs, and also that the respondent Elizabeth Moor, should likewise by proper conveyances, at the charge of the appellant, convey all her Right to the said Proprietorship, to the appellant, and her heirs; And whereas, since the making of the said recited several letters patent, the Lords Proprietors of the Provinces and Territories aforesaid, for the time being, have made divers grants and conveyances, under their common seal, of several Offices, and also of divers parcels of land, situate within the said Provinces and territories, to several persons, under certain quit rents, or other rents, thereby respectively reserved, and subject to several conditions, limitations or agreements, for avoiding or determining the estates of the Grantees therein mentioned, some of which may have become forfeited, and have also made divers grants of several Baronies, or large tracts of land, lying within the said Provinces or Territories, unto and for the use and benefit of several of the Lords Proprietors, or those under whom they claim, to be held and enjoyed by them and their heirs in severalty; eight of which Baronies, so granted as aforesaid, do now remain vested in the said Henry now Duke of Beauford, or in the said James Bertie and Dodington Greville, as trustees for the purposes aforesaid, or in some or one of them; eight other of the said Baronies in the said William Lord Craven; six of the said Baronies in the present Sir John Colleton; six other Baronies in the said Archibald Hutcheson, (as trustee for the said John Cotton;)
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and six other Baronies in the said Joseph Blake; each of the said Baronies containing or being mentioned or intended to contain twelve thousand acres of land, or thereabouts, except one of the said Baronies now vested in the said William Lord Craven, which contains, or is mentioned to contain eleven thousand acres of land or thereabouts; And whereas, the said Henry, now Duke of Beauford, William, Lord Craven, James Bertie, Henry Bertie, Sir John Colleton, and Archibald Hutcheson, (who is trustee for the said John Cotton, as aforesaid,) being six of the present Lords Proprietors of the Province and territory aforesaid, have by their humble petition, to his Majesty in Council, offered and proposed to surrender to his Majesty, their said respective shares and interests, not only of and in the said Government, Franchises and Royalties, in and by the said recited letters patent granted, but also all the right and property they have in and to the soil in the aforesaid Provinces or territories, under the said several recited letters patent, or either of them; and also did further propose to make an entire surrender to his Majesty of their right to all the lands which they hold under the said grants, made by the Lords Proprietors as aforesaid, (except only one Barony, belonging to the present Sir John Colleton, which hath been settled and improved by his son) and also their right and interest in all lands, granted and conveyed to other persons as aforesaid, which, by not being improved within the time limited in the said grants or conveyances, or for any other reason, would revert to them, praying; That in consideration of such surrender, his Majesty would be pleased to direct, and to cause to be paid to each of them, the said Henry Duke of Beauford, William Lord Craven, James Bertie, Henry Bertie, Sir John Colleton, and Archibald Hutcheson, the sum of two thousand five hundred pounds apiece, without any deduction; And whereas, Samuel Wragg, of London, Merchant, being duly authorized by letter of attorney, under the hand and seal of the said Joseph Blake, bearing date the eleventh day of July, one thousand seven hundred and twentyeight, hath proposed for and on behalf of the said Joseph Blake, to surrender and convey unto his Majesty, his heirs and successors, all the estate, right and interest of the said Joseph Blake, in and to the premises, upon payment of the like sum of two thousand five hundred pounds, to the said Joseph Blake without any deduction; And whereas, they the said Henry, Duke of Beauford, William, Lord Craven, James Bertie, Henry Bertie, Sir John Colleton and Archibald Hutcheson, who is a trustee for the said John Cotton as aforesaid, have laid before a Committee of the Lords of his Majesty's most honourable privy council, an estimate of all the
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Arrears of quit rents and other rents, and sum and sums of money now due and owing to them and the said Joseph Blake, and to the said John, Lord Carteret, which estimate, as computed, amounts to the sum of nine thousand five hundred pounds; and they the said Henry, Duke of Beauford, Lord Craven, James Bertie, Henry Bertie, Sir John Colleton and Archibald Hutcheson, have likewise humbly proposed; That if his Majesty would please to allow the sum of five thousand pounds for the said arrears, (over and above the said several sums of two thousand five hundred pounds, to be paid to them respectively) they were willing to assign and make over to his Majesty, the right and title to the said arrears, and all other demands whatsoever, which they have or can have, upon the farmers, tenants, or inhabitants of the Provinces or territories aforesaid, or of any of them; And whereas, the said Samuel Wragg, for and on the behalf of the said Joseph Blake, hath proposed to assign to his Majesty, all the right and interest of the said Joseph Blake, in and to the said arrears and demands, upon the terms aforesaid; And whereas his Majesty, taking into his royal consideration the great importance of the said Provinces and territories, to the trade and navigation of this kingdom, and being desirous to promote the same, as well as the welfare and security of the said Provinces and territories, by taking them under the more immediate Government of his Majesty, his heirs and successors, hath been graciously pleased to accept of the said several proposals, and to agree to the same, with such variations as are hereinafter mentioned; And whereas, from the nature of the respective estates and interests, proposed and agreed to be surrendered to his Majesty as aforesaid, great difficulties may arise in the manner of conveying the same, and it is just and necessary that the parts and shares of the said Provinces and territories, so proposed and agreed to be surrendered, should be secured, to his Majesty, his heirs and successors, which cannot effectually be done and attained without the authority of Parliament; Be it enacted, by the King's most excellent Majesty, by and with the consent and advice of the Lords spiritual and temporal, and Commons in this present Parliament, and by the authority of the same, that all those seven undivided eighth parts, (the whole into eight equal parts or shares to be divided) and all other the part or share, parts or shares, interest and estates of them the said Henry Duke of Beauford, William Lord Craven, James Bertie, Dodington Greville, Henry Bertie, Mary Danson and Elizabeth Moor, Sir John Colleton, Archibald Hutcheson, as trustee for the said John Cotton, and Joseph Blake, and each of them, of and in the aforesaid Provinces and territories, called Carolina, and all and singular the royalties, franchises, lands,
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tenements, and hereditaments and premisses, in and by the said several recited letters patent, or either of them, granted or mentioned or intended to be granted, by his said late Majesty, King Charles the second, to the said Edward, Earl of Clarendon, George, Duke of Albemarle, William, Earl of Craven, John Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton, deceased, and Sir William Berkley, and their heirs and assigns, as aforesaid, with their and every of their rights, members, and appurtenances, and also all such powers, liberties, authorities, jurisdictions, preeminences, licenses, and priviledges, as they the said Henry, Duke of Beauford, William, Lord Craven, James Bertie, Dodington Greville, Henry Bertie, Mary Danson, Elizabeth Moor, the present Sir John Colleton, the said Archibald Hutcheson, as trustee for the said John Cotton, and Joseph Blake, every or any of them, can or may have, hold, use, exercise or enjoy, by virtue of, or under the said recited letters patent, or either of them, and also all and singular Baronies, tracts and parcels of land, tenements and hereditaments, which they the said Henry, Duke of Beauford, William, Lord Craven, James Bertie, Dodington Greville, Henry Bertie, Mary Danson and Elizabeth Moor, the present Sir John Colleton, the said Archibald Hutcheson, as trustee for the said John Cotton, and Joseph Blake, any or either of them, are or is seized or possessed of, or entitled unto, within the said Provinces or territories; except all such tracts of land, tenements and hereditaments, as have been at any time before the first day of January, one thousand, seven hundred and twentyseven, granted or conveyed by, or comprised in any grants, deeds, instruments or conveyances, under the common seal of the said Lords and Proprietors, either in England or in the Province aforesaid; and also, except all such plantations and lands as are now in the possession of the said Joseph Blake, his under tenants or assigns, by virtue of grants formerly made by the said Lords Proprietors of the said Provinces, for the time being, to other persons, and since conveyed to, or vested in the said Joseph Blake; And also, except all that Barony and tract of land containing twelve thousand acres or thereabouts, the possession whereof hath some time since been delivered by the present Sir John Colleton, unto Peter Colleton, Esquire, his second son; and all that other Barony or tract of land, containing twelve thousand acres or thereabouts, some time since conveyed by Sir John Tyrrell, Baronet (formerly owner of the said eighth part or share now belonging to the said Archibald Hutcheson, as trustee for the said John Cotton,) to William Wight, Esq. and his heirs: Provided, that the before mentioned exceptions or any of them, shall not include or extend to any lands, comprised in any
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grant or grants, made either in England or Carolina, under the common seal of the Lords Proprietors for the time being, which since the making such grant or grants, have become forfeited by virtue of any clauses contained therein, or to any of the Baronies, herein before recited or mentioned to be still remaining and vested in the said Henry, Duke of Beauford, and in the said James Bertie and Dodington Greville, as trustees, some or one of them, and in the said William, Lord Craven, the present Sir John Colleton, and the said Archibald Hutcheson, as trustee for the said John cotton, respectively, nor to any rents, services, seigniories, or rights to escheats, reserved upon, or incident to any such grant or grants, or any lands or estates thereby granted, all such forfeited lands, and all such rents, seigniories, and rights of escheat, reserved upon or incident to any such grant or grants, or any lands and estates thereby granted, and also the Baronies last before mentioned, being hereby intended to be vested in the persons, and for the purposes hereinafter mentioned, and the reversion and reversions, remainder and remainders, yearly, and other rents, issues and profits, of the same parts or shares, Baronies, Lands, tenements, hereditaments and premises, so as aforesaid proposed and agreed to be surrendered to his Majesty, and of every part and parcel thereof; and also all the estate, title, interest, trust, property, right of action, right of entry, claim and demand whatsoever, of them the said Henry, Duke of Beauford, William, Lord Craven, James Bertie, Dodington Greville, Henry Bertie, Mary Danson and Elizabeth Moor, the present Sir John Colleton, the said Archibald Hutcheson, John Cotton and Joseph Blake, and each of them, of, in, unto or out of the same, every or any part and parcel thereof, by virtue of the said several recited letters patent, or either of them, or any grant, assignment, conveyance, or assurance, made under, or by force of the same recited letters patent, or either of them, or otherwise howsoever, shall, from and after the first day of June, one thousand seven hundred, and twentynine, be vested and settled, and the same is hereby vested and settled, in and upon Edward Bertie of Gray's Inn, in the county of Middlesex, Samuel Horsey of the Parish of St. Martins in the fields, in the county of Middlesex, Henry Smith of Caversham, in the county of Oxon, and Alexius Clayton, of the Middle Temple, London, Esquires, to the only use of them the said Edward Bertie, Henry Smith, Samuel Horsey, and Alexius Clayton, their heirs and assigns, freed and discharged and absolutely acquitted, exempted and indemnified, of and from all estates, uses, trusts, intails, reversions, remainders, limitations, charges and incumbrances, titles, claims, and demands whatsoever; But nevertheless upon trust, and to the
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intent that they the said Edward Bertie, Samuel Horsey, Henry Smith, and Alexius Calyton, and the survivor or the survivors of them, and the heirs of such survivor, upon payment by his majesty, his heirs or successors to the said Edward Bertie, Samuel Horsey, Henry Smith, and Alexius Clayton, or to the survivors or to the survivor of them, or the executors or administrators of such survivor, of the sum of seventeen thousand, five hundred pounds, free and clear of all deductions, on or before the twentyninth day of September, in the year of our Lord, one thousand, seven hundred and twentynine, shall and do, by deed, indented, and to be enrolled in his Majesty's High Court of Chancery, surrender, convey and assure unto his Majesty, his heirs and successors, all and singular, the said seven eighth parts or shares, (the whole into eight equal parts to be divided) and all other the parts or shares, interest and estates, of and in the aforesaid Provinces or territories, and all and singular the premises, hereby vested in them the said Edward Bertie, Samuel Horsey, Henry Smith, and Alexius Clayton, and their heirs as aforesaid, which said sum of seventeen thousand five hundred pounds, they the said Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton, the survivors or the survivor of them, or the executors and administrators of such survivor, shall immediately after receipt thereof, pay, apply, and dispose of in manner hereinafter mentioned; That is to say, the sum of two thousand five hundred pounds, part thereof, to the said James Bertie and Dodington Greville, trustees as aforesaid, or to the survivor of them, or to the executors or administrators of such survivor; two thousand five hundred pounds, or other part thereof, to the said William, Lord Craven, his executors or administrators; two thousand five hundred pounds, other part thereof, to the said James Bertie, of his own right, his executors or administrators; two thousand five hundred pounds, other part thereof, unto such person or persons, and in such shares and proportions as the same, according to the tenor, purport and true meaning of the said order or judgment of the House of Lords, ought to be paid and applied; two thousand five hundred pounds, other part thereof, to the said Sir John Colleton, his executors or administrators; two thousand five hundred pounds, other part thereof, to the said John Cotton, his executors or administrators; and two thousand five hundred pounds, the residue thereof, to the said Samuel Wragg, for the use of the said Joseph Blake, or to the said Joseph Blake, his executors or administrators.

And be it further enacted, by the authority aforesaid, that from and after payment of the said sum of seventeen thousand five hundred pounds, to the said Edward Bertie, Samuel Horsey, Henry Smith, and Alexius

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Clayton, the survivors or the survivor of them, or the executors or administrators of such survivor, and after the execution of the said surrender and conveyance to his Majesty, his heirs and successors, shall have, hold and enjoy, all and singular the said seven eighth parts or shares, (the whole into eight equal parts to be divided) and all other the parts or shares, interests and estates, of and in the aforesaid Provinces or territories, and all and singular the premises hereby vested in them the said Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton, and their heirs as aforesaid, freed and discharged, and absolutely acquitted, exempted and indemnified of, from and against all estates, uses, trusts, intails, reversions, remainders, limitations, charges, incumbrances, titles, claims and demands whatsoever.

And be it further enacted, by the authority aforesaid, that seven eighth parts, (the whole into eight equal parts to be divided) of all and every the said arrears of quit rents, and other rents, sum and sums of money, debts, duties, accounts, reckonings, claims and demands whatsoever, now due and owing to them the said Henry, Duke of Beauford, or the said James Bertie and Dodington Greville, trustees as aforesaid, and to the said John, Lord Carteret, William, Lord Craven, James Bertie in his own right, Henry Bertie, Mary Danson and Elizabeth Moor, Sir John Colleton, Archibald Hutcheson, John Cotton or Joseph Blake, or any of them, (whether the same be more or less, than is computed as aforesaid) and all and every other parts or shares, of the said Henry, Duke of Beauford, James Bertie and Dodington Greville, trustees as aforesaid, William, Lord Craven, James Bertie in his own right, Henry Bertie, Mary Danson and Elizabeth Moor, Sir John Colleton, Archibald Hutcheson, John Cotton and Joseph Blake, or any of them, of or in the said arrears, or which they or any of them, their or any of their heirs, executors, administrators or assigns, now have, or can or may have, claim, challenge or demand of or from the farmers, tenants and inhabitants, of the Provinces or territories aforesaid, or any part thereof, or any of them, shall, from and after the said first day of June, in the year of our Lord, one thousand seven hundred and twentynine, be vested in the said Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton, the survivors and survivor of them, and the executors or administrators of such survivor, upon trust, and to the intent that they the said Edward Bertie, Samuel Horsey, Henry Smith, and Alexius Clayton, the survivors or the survivor of them, and the executors and administrators of such survivor, shall, upon payment by his Majesty, his heirs and successors, of the sum of five thousand pounds of lawful money of

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Great Britain, free and clear of all deductions, on or before the said twenty ninth day of September, in the said year, to the said Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton, the survivors or the survivor of them, or the executors or administrators of such survivor, by deed indented and to be enrolled in his Majesty's High Court of Chancery, grant and assign to his Majesty, his heirs and successors, all and every the said seven eighth parts or shares, (the whole into eight equal parts or shares to be divided) and all other parts or shares of the said arrears, hereby vested in them the said Edward Bertie, Samuel Horsey, Henry Smith, and Alexius Clayton.

And whereas, the said Henry, Duke of Beauford, William, Lord Craven, James Bertie, Henry Bertie, Mary Danson, Dodington Greville, Sir John Colleton, John Cotton and Joseph Blake, are desirous that the said sum of five thousand pounds should be applied in manner hereinafter mentioned,

Be it further enacted, by the authority aforesaid, that the sum of five thousand pounds, after receipt thereof shall be issued and paid by the said Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton, or the survivors and survivor of them, and the executors and administrators of such survivor, to such of the officers, agents or servants of the Lords Proprietors, or to such other person or persons, and for such purposes as the said Henry Duke of Beauford, William, Lord Craven, James Bertie, Henry Bertie, Mary Danson, Sir John Colleton, John Cotton and Joseph Blake, their executors or administrators, or any four or more of them (the executors or administrators of each of them, to be accounted only as one) shall by writing or writings, under their hands, from time to time direct and appoint.

And be it further enacted, by the authority aforesaid, that from and after payment of the said sum of five thousand pounds, unto the said Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton, the survivors or the survivor of them, or the executors or administrators of such survivor, and after the execution of the said grant and assignment of the said parts or shares, of the said arrears, hereby directed to be made as aforesaid, his Majesty, his heirs and successors, shall and may have, receive and enjoy the said seven eighth parts or shares (the whole into eight equal parts to be divided) and all and every other parts and shares of the said arrears of quit rents, and other rents, sum and sums of money, debts, duties, accounts, reckonings, claims and demands, hereby vested in the said Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton, and shall and may have, use and pursue such and the like remedies

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for recovery thereof, as fully and effectually as the said Henry, Duke of Beauford, William, Lord Craven, James Bertie, Henry Bertie, Mary Danson, Dodington Greville, Sir John Colleton, Archibald Hutcheson, John Cotton and Joseph Blake, any or either of them, might have had, used or pursued if this act had not been made.

And be it further enacted, by the authority aforesaid, That the receipt or receipts of the said Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton, the survivors or the survivor of them, or executors or administrators of such survivor, under their hands, or his hand or hands respectively, shall be a sufficient discharge to his Majesty, his heirs and successors, of and for the said several sums of seventeen thousand five hundred pounds, and five thousand pounds, or so much thereof or of either of them, as such receipts or receipt shall be given for; and that his Majesty, his heirs and successors, upon and after such receipts or receipt, given as aforesaid, shall be absolutely acquitted and discharged of and from the said monies and shall not be answerable or accountable for any loss, non-application or misapplication of the said money, or of any part thereof.

Provided always, and it is hereby declared and enacted, by the authority aforesaid, that the receipt or receipts of the said James Bertie, or Dodington Greville, or the survivor of them, his executors or administrators, under his or their hand or hands respectively, shall be a sufficient discharge to the said Edward Bertie, Samuel Horsey, Henry Smith, and Alexius Clayton, their executors or administrators, for the said sum of two thousand five hundred pounds, payable to them for the said eighth part or share of the said Provinces, territories, royalties, lands and hereditaments, which was vested in the said Henry late Duke of Beauford, and the said sum of two thousand five hundred pounds, shall be and remain subject to the trusts reposed in them by the will of the said late Duke, or otherwise, concerning the eighth part or share, but the said Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton, their heirs, executors, or administrators, shall not be answerable or accountable for any loss or misapplication thereof, or of any part thereof.

Provided also, and it is hereby declared and enacted, That the said Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton, shall not, nor shall any of them, or the executors or administrators of any of them, be answerable or accountable for any money to be received by virtue of or under the trusts hereby reposed in them, any otherwise than each person, his executors or administrators, for such sum or sums of money as he or they shall respectively actually receive, and none of

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them shall be answerable or accountable for the acts, receipts, neglects, or defaults of the other of them; and also that they, the said Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton, their executors or administrators, shall and may, out of the money hereby directed to be paid to them as aforesaid, retain and reimburse themselves for all costs, charges, damages and expenses, that they respectively shall sustain or be put unto, in and about the execution of the trusts hereby in them reposed.

And whereas there is due and owing to the King's most excellent Majesty, for arrears of rents reserved by the said several recited letters patent, or one of them, several sums of money, computed to amount to three hundred pounds or upwards; Now it is hereby further enacted and declared, by the authority aforesaid, that the said Henry, Duke of Beauford, William, Lord Craven, James Bertie, Dodington Greville, Henry Bertie, Mary Danson, Elizabeth Moor, the present Sir John Colleton, Archibald Hutcheson, John Cotton and Joseph Blake, and every of them, their and every of their heirs, executors and administrators, respectively, from and immediately after the said twentyninth day of September, one thousand seven hundred and twentynine, (in case the said sums of seventeen thousand five hundred pounds, and five thousand pounds, shall then be paid and satisfied, and the sale hereby intended shall be then compleated) shall be, and are hereby fully and absolutely acquitted and discharged of and from all arrears of rent whatsoever, due or owing upon or by virtue of the said recited letters patent, or either of them.

Provided always, and it is hereby further enacted and declared, by the authority aforesaid, that if his Majesty, his heirs and successors, do not or shall not, on or before the said twentyninth day of September, one thousand seven hundred and twentynine, well and truly pay or cause to be paid, both the several sums of seventeen thousand five hundred pounds, and five thousand pounds in manner aforesaid, and according to the true meaning of this act, that then they the said Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton, or the survivors or survivor of them, or the heirs, executors or administrators of such survivor, shall not make such surrender, assignment, or conveyance of the said seven eighth parts or shares of the said Province or territories, and of the said arrears, or either of them, to his Majesty, his heirs or successors, as hereby is directed, but shall from and after the said twentyninth day of September, one thousand seven hundred and twentynine, stand and be seized of and possessed of all and singular the premises hereby in them

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vested, to the only proper use and behoof of them, the said Henry, Duke of Beauford, William, Lord Craven, James Bertie, Dodington Greville, Henry Bertie, Mary Danson, Elizabeth Moor, the present Sir John Colleton, John Cotton and Joseph Blake, and every of them, and of their and every of their heirs, executors, administrators and assigns, in such shares and proportions, and according to such respective rights and interests as they severally had, or could have been entitled to, in and unto the same premises, in case this act had never been made, and to and for no other use or trust, intent or purpose whatsoever.

Saving and reserving to all and every person or persons, bodies politick and corporate, their heirs, successors, executors, administrators and assigns, other than and except the said Henry, Duke of Beauford, William, Lord Craven, James Bertie, Dodington Greville, Henry Bertie, Mary Danson, Elizabeth Moor, Sir John Colleton, Archibald Hutcheson, John Cotton and Joseph Blake, their respective heirs, executors or administrators, and the heirs of their respective bodies, and all and every person and persons, claiming or to claim any estate and interest in the premises, or any part thereof, in remainder or reversion, expectant upon or after the determination of any estate tail, vested in them the said Henry, Duke of Beauford, William, Lord Craven, James Bertie, Dodington Greville, Henry Bertie, Mary Danson, Elizabeth Moor, Sir John Colleton, Archibald Hutcheson, John Cotton and Joseph Blake, or any of them, and all and every person and persons claiming, or to claim any estate or interest in the premises, or any part thereof, by or under the title of the said Henry, late Duke of Beauford, deceased, such satisfaction and recompense as is hereinafter mentioned, for all such estate, right, title, interest, property, claim or demand whatsoever, in, to or out of the premises, or any part thereof, as they or any of them, now have, or might have had or been entitled to, in case this act had never been made.

Provided always, and be it further enacted, by the authority aforesaid, That if any person or persons (other than and except the persons herein before excepted) who now have or shall have any estate, right, title, interest, claim or demand, either in law or in equity, of, in, to or out of the premises herein vested as aforesaid, or any part thereof, shall, within the space of seven years after the same shall be conveyed unto and vested in his Majesty, his heirs and successors as aforesaid, commence and prosecute any action or suit either in law or equity, by petition of right, English bill or otherwise, against his Majesty, his heirs or successors, or the proper officer or officers on his or their behalf, wherein such persons might or ought to have recovered the premises hereby vested as aforesaid,

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or any part thereof, or any estate, interest or demand, in or out of the same, the court wherein such suit or action shall be commenced or depending, shall and may adjudge or decree, that such person or persons shall recover against his Majesty, his heirs or successors, such sum or sums of money, as his or their estate, interest or demand in or about the premises hereby vested as aforesaid, shall by the same court be valued at and determined to amount unto, in full satisfaction for such estate, interest or demand; in making which valuation the said court shall estimate one full eighth part of the premises hereby vested as aforesaid, to be of the value of two thousand five hundred pounds, and no more, and shall rate and ascertain the value of such estate, interest or demand, in proportion thereunto.

Saving and reserving always to the said John, Lord Carteret, his heirs, executors, administrators and Assigns, all such estate, right, title, interest, property, claim and demand whatsoever, in, unto or out of, one eighth part or share of the said Provinces or territories, with all and singular the rights, members and appurtenances thereof, and of, in and to one eighth part or share of all arrears of quit rents, and other rents, sum and sums of money, debts, duties, accounts, reckonings, claims and demands whatsoever, now due and oweing to the present Lords Proprietors of the said Provinces and territories, and all such other rights, titles, priviledges and powers whatsoever, as the said John, Lord Carteret, his heirs, executors or administrators now have or might have had or been entitled unto, in case this act, and the conveyance herein before directed to be made to his Majesty, his heirs and successors, or either of them, had not been, or should not be made.

Saving also to all and every person and persons having or lawfully claiming any office or offices, place or places, employment or employments, by or under any grant or grants thereof made before the said first day of January, one thousand seven hundred and twenty seven, under the common seal of the said Lords Proprietors, either in England or in the Provinces aforesaid, all such estate, right, title and interest in or to such office or offices, place and places, employment and employments, as they or any of them now have or might have had, or been entitled unto, in case this Act had never been made.