Order of the Privy Council of Great Britain concerning Henry McCulloh's land grants in North Carolina
Great Britain. Privy Council
Volume 07, Pages 676-677
[B. P. R. O. No. Carolina. B. T. Vol. 16.]
At the Court at St James's
the 1st of February 1768.
The Kings most Excellent Majesty in Council.
Whereas Henry McCulloh hath by Memorial to His Majesty at this Board, on behalf of himself, George Augustus Selwyn, Henry Eustace McCulloh and John Campbell, his Associates in Interest, in several Grants of Land, in the province of North Carolina, set forth, That a Charge of Quitrents, hath been made against him, and his said associates, upon the Escheated Lands, in the said province, Surrendered to His Majesty, but the Memorialist humbly conceives, that by His late Majestys Order in Council dated the 13th of October 1756 and also by a Subsequent order in Council dated the 14th of October 1762 they were only to pay in right of Settlement effected; That a doubt having arisen upon the Construction of the said Order in Council of the 14th of October 1762, It was insisted, that the Memorialist and his said Associates, should pay Quit Rents for the Escheated Lands from March 1760, till April 1767, (the time of the Surrender) That the Memorialists Agent did therefore in April 1767, Enter into a Bond to the Crown, in the
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penalty of a very considerable sum to abide by His Majestys will and pleasure respecting the said order in Council; And humbly praying in behalf of himself and his said associates that|the Intentions of the Orders in Council of 1756 and 1762 may be carried into Execution by directing the aforementioned Bond entered into to abide by His Majestys Determination as to the Quit Rents of the Escheated Lands surrendered, to be Cancelled, and to order that the Memorialist and his said associates, and the Tenants holding in Fee under them, shall not at any time be liable to pay Quit Rents, for any of the Lands contained in their respective Grants than such proportion thereof as are reserved to them respectively in right of Settlement on the Surrenders—His Majesty taking the same into Consideration and having received the opinion of a Committee of the Lords of the Council thereupon—is hereby pleased, with the advice of Privy Council to Order and Direct that the Memorialist and his said Associates, and the Tenants holding in Fee under them shall not be at any time lyable to pay Quit Rents for the Escheated and Surrendered Lands, and that the said Bond entered into by the Memorialists Agent to the Crown on that Account be Cancelled and delivered up—Whereof the Governor or Commander in Chief and the Receiver General of the said province of North Carolina, for the time being, and all others whom it may concern, are to take Notice and Govern themselves accordingly.