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Report by the South Carolina Commons House of Assembly concerning proposals from Henry McCulloh concerning land grants and quit rents
South Carolina. General Assembly
May 23, 1741
Volume 11, Pages 61-65

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[R. T. R. O. So Carolina B. T. Vol: 11. g. 74.]

South and North Carolina.
Proposals of Henry McCulloh Commissioner of the Quit Rents with the Report of the Committee of the whole House thereon as agreed to by the House.

Recd with his Letter to ye Board
dated Novber 14th 1741.

Recd May ye 28th

Read June 17th 1742

Read July 14th 1742

Prop. 1st That all persons claiming Lands by mesne conveyances derived under any Patents or Grants or by any other Title whatsoever derived from or under them that the Party claiming Lands in right of such Title shall be obliged withing 18. months from the ratification of this Act to register Memorials of their respective Titles in the office of the auditor General or his Deputy provided the same has not been already registered in the said office or that otherwise the Lands claimed by them Shall be Subject to forfeiture and be deemed as vacant Lands. And in order to keep up the registry of Lands in the Auditor's Office all persons who may hereafter derive any Title to Lands by mesne conveyances or otherwise Shall be obliged to enter memorials of such their Titles within six months after they are in possession or that otherwise their Land Shall be subject to forfeiture.

Report. Agreed to in general but that instead of Forfeiture it be under a penalty of paying treble quit rents from the lapse or omission of entering till the Memorial shall be enter'd and that it be done within 18 months after Publick notice shall be given in Province of His Majesty's Confirmation of the Act and that the Officer be oblidged under a penalty (by the same clause) to endorse on all Titles of which Memorials are enter'd that Memorials according to Law have been entered thereon and to sign such endorsement Provided that a Certificate is produced under the hand of the Purchaser of any lands acknowledgeing that he has purchased the same.

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Prop. 2d That all Guardian's Trustees and Attorneys who have any Lands in Trust for others be required at their peril and as they will answer the damages that may ensue to enter Memorials of such Titles as they may have under their respective management Direction or Trust.

Report. Agreed to under the same Limitations as the first.

Prop. 3d That a Clause be inserted to exempt minors till 2 years after they are of age and such persons as are not Residents in this for 3. years after the ratification of this Act from any forfeiture of Titles on account of any omission or neglect that may happen from their not having Memorials of their Titles entered in the Office of the Auditor General or his Deputy.

Report. Agreed to, as above.

Prop. 4th That such as have possession of land without being able to produce any legal Title for the same shall be at liberty to take out Grants from the Governor in Council for the said Lands subject to the usual terms and conditions of settlement.

Report. Agreed to so that the person applying for such new Grants shall have it on the same terms and conditions as in his former Grant Provided he can make it appear upon what Terms such Lands were formerly held.

Prop. 5th That all persons upon payment of quit rent to the Receiver General or his Deputy shall be oblidged to give in a State or Schedule of the Lands they then hold under different tenures or otherwise to forfeit double the Quit rents and that the Receiver General shall be oblidged to give them a receipt under their State or Schedule so produced to him.

Report. Agreed that the first time any person shall pay his Quit Rents after Confirmation of this Act he shall be oblidged to give a State or Schedule of the Lands he then holds but not afterwards unless a new purchase made or alteration of the property. The rest of this proposal agreed to.

Prop. 6th That Such as have Warrants granted to them for Surveys or have platts or surveys returned are to be at liberty to take out grants for the same Subject to the usual Terms and Conditions of Settlement. Provided the said Grants are made out for such platts as are returned within 6. months and for such Warrants as have not platts returned within 18. months from the ratification of this Act but otherwise they are to deliver up the said Warrants

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and be Bar'd for ever after taking out Grants in right of them and that it shou'd be provided if any person makes waste on the King's Lands by cutting down the Timber or burning off lightwood that they shall for ever after be Subject to the Payment of the Quit Rents.

Report. Agreed to the first part of this Proposal except that persons be oblidged to deliver up their Warrants and be barr'd for ever thereafter from taking out Grants in right of them and that the latter part of the Proposal relating to the committing waste stand as to imposing a penalty on the person committing such waste.

Prop. 7th That such as possess more lands than they are entitled to by their Patents or Grants shall within 18. months from the Ratification of this Act give an account of such surplus Lands to the Governor and Council in which case they shall be entitled to a new Grant for such Surplus lands upon the same terms and conditions contained in their former Patents or Grants. But if the partys concerned do not comply within the time limited they shall not have a preferance to any other person who may hereafter apply for a Grant of the said surplus lands.

Report. Agreed to with these amendments that as the lands in this Province are full of underwood which renders it difficult to run them out very exact, therefore where there is only ten acres in one hundred over measure and so in Proportion for a greater or lesser quantity it shall not be deemed to be Surplus land since a mistake of that quantity might probably happen from the difficulty in Surveying it. And that the term of 18. months be enlarged to five years after the confirmation of the Act and that the party taking out a Grant for surplus lands Shall be oblidged to pay Quit Rents for the same from the time of the Confirmation of this Act.

Prop. 8th That all persons who hereafter sells or conveys any of their Lands to other Persons that are Residents in this Province that the party disposing of their Lands shall thereafter be discharged from the payment of the Quit Rents that may commence and grow due thereupon Provided the Quit rents are paid up till the time of sale and that a memorial of such conveyance be immediately enter'd in the office of the Auditor General or his Deputy.

Report. Agreed to with this Amendment that 6 months be allowed for entering Memorials of such Conveyance.

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Prop. 9th That all persons claiming Lands by Patents or Grants or by any other Title derived under them (lands within the outlines of the Town excepted) shall settle or procure to be settled within four years from the ratification of this Act, one white protestant man for every 1000 acres of land claim'd by them in right of any title whatsoever which person or persons shall be settled on the lands so claimed by them, and be subject to the Militia Law and that effectual care be taken that no Person do double duty and that the Person or Persons so settled have not been formerly entered in the Militia Rolls of this Province.

Report. Agreed to Provided it extend not to Proprietary Patents or Grants of Land made before His Majesty's Purchase of the soil of this Province and provided that the persons who are obliged from their quantity of Lands granted since his Majesty's purchase of the soil to provide a white man for every 1000. acres without the out lines of the Townships be at Liberty to settle those men on any part of the said Lands provided further that the owner of such Land or his son or sons of the age of 16. servants and overseers be deemed and taken as so many of the said Persons whom he is oblidged by this Clause to produce on the muster Rolls of the Militia in the parish where such Land shall be scituate.

Prop. 10th That all persons claiming lands by Grants under the Crown or by any other title derived under them within the out lines of the Townships shall be obliged to settle or procure to be settled within 4. years from the Ratification of this Act two white protestant men for every 1000. acres of land claimed by them within the out lines of the Townships Which Persons shall be so settled upon the Lands so claimed and be subject to the Militia Law. And that effectual care be taken that no person do double duty and that the persons so settled have not been formerly enter'd in the Militia Rolls of this Province.

Report. Agreed to.

Prop. 11th That all such as have taken out Grants for Lands in pursuance of mixed surveys or of plats or surveys irregularly made out and returned that at any time within 6. months after the Ratification of this Act be at Liberty to surrender their said Grants Provided they do give notice to the Auditor General or his Deputy in Writing of such their surrender and provided also that the party who surrenders the same make oath before the Governor in Council

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that they have not nor any person for them cut down any of the Timber or burnt the lightwood upon the lands which is then by them so tendered to be surrendered to the Crown.

Report. This clause agreed to in substance but to be extended to all Grants as well others as those upon mixed surveys where the party surrendering shall make oath that he has committed no willful waste by burning Kilns of Pitch or Tar thereon or felling the Timber to the value of £5. sterling The surrender to be admitted at any time within 18. months next after notice and publication in this Province of His Majesty's confirmation of this Act

Prop That a Clause should be brought in to enable the Crown to recover escheated Lands But as to the present Escheats that it may be humbly offered to the Crown that the benefits arising therefrom shall be apply'd in such manner as the Govr Council and assembly shall direct for the encouragement of Foreign Protestants or others to settle in this Province.

Report. Agreed to Provided that the application of the moneys arising from the escheated Lands be not particularly specified and that the power be given to the Court of Common Pleas for the recovery thereof and that in the Bill it be particularized what is intended by escheated Lands.

Prop. 13th That it may be enacted that all Grants that have been made out by His Majtys Govrs since the purchase of this Province by the Crown shall be confirmed and provided no escheated lands are included within any of the said Grants.

Report. Agreed to. Provided it extend not to Grants within the Townships but to all other Grants against the Crown and that a saving clause be added for private Propertys.

Prop. 14th That a suspending clause be incerted to prevent this Bill from taking Effect till His Majesty's pleasure is made known thereon.

Report. Agreed to.

It was agreed further that a clause be added to confirm every part of the Quit Rent Act that shall not be alter'd by the intended Regulations of this Act.