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Colonial and State Records of North Carolina
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Acts of the North Carolina General Assembly, 1729
North Carolina. General Assembly
November 27, 1729
Volume 25, Pages 211-213

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LAWS OF NORTH CAROLINA--1729.

CHAPTER II.
An Act for the More quiet settling the bounds of the Meherrin Indian Lands.

I. Whereas complaint is made by the Meherrin Indians, that the English people disturb them in their settlements, by coming to inhabit and send corn among them; and also, that their bounds allowed by order of council dated October the twenty sixth, one thousand seven hundred and twenty six did not extend high enough up from the fork of Meherrin Neck: for remedy whereof,

II. Be it Enacted, by his Excellency the Palantine, and the rest of the true and absolute Lords Proprietors of Carolina, by and with the advice and consent of the rest of the members of the General Assembly now met at Edenton, for the North East Part of the said Province, and by the authority of the same, that the said order of council be vacated, and that the Indian bounds and limits shall be extended as followeth, viz. beginning at the mouth of Meherrin river, and so up the river to the mouth of Horse Pasture Creek formerly called Indian creek; then by the said creek up to the fork of it; then by the North East branch thereof to the head of the same; then by a straight line across to Chowan river, by the upper line of Mulberry old field survey, to Samuel Powers's lands; then along the various courses of the river, to the first station.

III. And be it also enacted, by the authority aforesaid, that all English people, or any other, living in the said bounds, shall move off, and that no persons but the said Indians shall inhabit or cultivate any lands within the limits aforesaid, while the said Indians remain a nation, and live thereon: and if any person shall offend against this act, on complaint made to Mr. John Boude, who is hereby appointed a commissioner for the said Indians, he shall grant his warrant to the constable, requiring him with aid (if need be) to remove such person, at or before the twenty fifth of December next ensuing; and any person refusing to remove, shall be brought before the said Commissioners, and upon his conviction of the same, shall forfeit for the first offence, five pounds: and if he still persist, and refuse to go off from the said lands, after warning from the commissioner, or by his order, for the second offence shall forfeit the sum of ten pounds, and for the third time of his so offending shall forfeit Twenty Pounds, and Two months Imprisonment, and give security for his or their good behaviour: to be recovered by bill, plaint or information, in any court of record in this government; wherein no essoin, protection, or wager of law, shall be allowed or admitted of.

IV. And be it further Enacted, by the authority aforesaid, that the said commissioner is hereby impowered and ordered to reinstate and settle the said Indians, in giving them peaceable possession of the said lands, and to turn off any other person or persons inhabiting within the said bounds, unless such person have special leave from the Governor and Council, for continuing thereon; provided that this act shall not invest the fee-simple of the said lands in the Indians, but such as have patents for the same, or any part thereof, their title shall be good and valid; neither shall the said Indians have liberty or leave to rent, sell, or in anyways dispose of the said lands.

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CHAPTER III.
An Act, to make Hyde Precinct separate from Beaufort Precinct, with Power of erecting a Court-house, and holding Courts.

I. Whereas the Precinct of Hyde being united to Beaufort Precinct, is found very inconvenient for the Inhabitants of Hyde Precinct to travel to Bath Town, where the Courts are now Held:

II. Be it therefore Enacted, by his Excellency the Palatine, and the rest of the true and absolute Lords Proprietors of Carolina, by and with the Advice and Consent of the rest of the Members of this General Biennial Assembly, now met at Edenton, for the North-east Part of the said Province, and it is hereby Enacted, by the Authority of the same, That, for the future, Hyde Precinct shall be separate, in all respects, from Beaufort Precinct, with Power of having a Court and Court-house erected in the said Precinct, and other Powers and Privileges to a Precinct belonging; and that the Justices to be appointed for the said Precinct, shall be, and are hereby invested with full Power to purchase Ground for erecting the said Court-house, in the same Manner as by Law in such Cases is already provided: And to the End, that the same may be built in the most convenient Place for the Inhabitants of the said Precinct, the Justices thereof are hereby directed to cause the said Court-house to be erected at or near William Websters Plantation; and also, to cause a Poll-tax, not exceeding Ten Shillings per Poll, to be levied, in such Manner as by Law is already provided in such Cases, for defraying the Charges of buying the said Land, and building a Court-house.

CHAPTER IV.
An Act, to appoint that Part of Albemarle County, lying on the South-side of Albemarle Sound, and Morattuck River, as high as the Rain-bow Banks, to be a Precinct, by the Name of Tyrrel Precinct.

I. Whereas that Part of Albemarle County, lying on the South-side of Albemarle Sound, and Morattuck River, as high as the Rain-bow Banks, includes Part of the several Precincts hereafter named, viz. Chowan, Pasquotank, Bertie, and Currituck; and whereas, the great wealth of the said Sound, and also the great Distance from the several Precinct Coutrs, renders it almost impracticable for the Inhabitants of those Parts to attend their Court as aforesaid.

II. Wherefore, be it Enacted, by his Excellency the Palatine, and the rest of the true and absolute Lords Proprietors of Carolina, by and with the Advice and Consent of the rest of the Members of this present General Assembly, now met at Edenton, for the North-east Part of the said Province, and by the Authority of the same, That that Part of Albemarle County, lying on the South-side of Albemarle Sound, and Moratuck River, being Part of the several Precincts before mentioned, bounded to the Westward by Thomas Hoskin's upper Line, beginning at his upper Corner Tree, on Rainbow Banks, on Moratuck River, and by a Line running South from his outer Corner Tree, to the Southward by the Bounds of Albemarle County, to the Eastward by the Sound, between Roanoke Island, and Croatan, and to the Northward by Albemarle Sound and Moratuck River, as high as the Rainbow Banks, in Moratuck River, shall be, and the same is hereby declared to be erected into a Precinct, by the Name of Tyrrell Precinct, in Albemarle County, with all and every the Rights and Privileges, and other

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Benefits and Advantages whatsoever, which any other Precinct in Albemarle County can or may have, use or enjoy.

III. And be it further Enacted, by the Authority aforesaid, That the Election for Representatives for the said Precinct, shall always be at the Court-house for the said Precinct, or such Places as shall be appointed for the building the said Court-house therein.

IV. And whereas by an Act, intituled, An Act, for settling the Precinct Courts and Court-houses, it is therein provided in what Manner the Land should be purchased, on which to build Court-houses in the several Precincts: Be it Enacted, by the Authority aforesaid, That the Justices to be appointed for the said Precinct of Tyrrell, shall observe the same Method prescribed by the said Act, and shall cause the Court-house for the said Precinct to be built on the Land of William Downing, or that of William Fraley, on Kendrick's Creek, as near as may be to the Bridge now called Fraley's Bridge.

V. And whereas Part of the above now Precinct was formerly made a Distinct Parish, by the Name of the South Parish of Chowan. Be it Enacted, That the whole Precinct now appointed by the Name of Tyrrel Precinct, be, and is hereby Erected into one Parish by the Name of St. Andrews; and that the same Vestry be continued in the said Parish of St. Andrew's; which now is appointed to the said South Parish of Chowan, with all and every the Rights and Privileges, and other Benefits and Advantages whatsoever, which any other Parish in Albemarle County can or may have, use and enjoy. Provided nevertheless, That it is not hereby intended, that the said Precinct, shall send more than two Burgesses at present, to sit in General Assembly, without it shall appear that there is three Hundred Tythables in the said Precinct; and in such Case, it shall and may send three Burgesses; and so as it shall increase in Number of Tythables, it shall send one Burgess for every Hundred more, so as not to exceed Five Representatives in the whole.