Laws of North Carolina, A.D. 1780

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“An Act to amend an act, entitled an act for quieting and securing the Tuscarora Indians, and others claiming under the Tuscarora, in the possession of their lands.

Article I. Whereas, By the said act there is no penalty imposed on the jurors or witnesses duly summoned, and failing to attend.

” Attendance of Jurors.

Article II. Be it enacted, &c., That the commissioners by the said act appointed, or any three of them, assembled for the purpose of holding a court, shall, and may inflict fines on jurors or witnesses so failing to attend, not exceeding one hundred pounds, at their discretion; and unless sufficient excuse be to them afterwards shown, cause the same to be levied and applied towards defraying the county expenses of Birtie; and witnesses and jurors who shall attend on the trial of any dispute between the said Tuscarora and others, shall have and receive ten dollars per day for their attendance, to be paid by the party cost with all other cost: and such trials may hereafter be had on the part of the lands belonging to said Tuscarora, Birtie County, which commissioners shall direct.”

Read three times and ratified in general assembly, the 10th day of May, A. D. 1780.

Signed by Alex. Martin, S. S. Thomas Benbury. S. C.

 

Laws Of North Carolina, A. D. 1801, Chapter 608, Page 965, Vol. 2, By Potter, Taylor & Yancey.

“James Turner, Esq., Governor.

“At the general assembly begun and held at Raleigh, on the fifteenth day of November, in the year of our lord one thousand eight hundred and two, and in the thirty-seventh year of the independence of said State.

“An Act for the relief of the Tuscarora Nation of Indians.

“Whereas, the Indians composing the Tuscarora nation, have, by their chief Sacarrissa, and others, regularly deputed and authorized, requested the concurrence of the general assembly of this State, to enable them to lease or demise, for a number of years, the residue of their lands situated in the county of Birtie, in such a manner that the whole of the said leases shall terminate at the same period.

” Chiefs authorized to lease their lands .

Article I. Be it enacted, &c., That the said chiefs Sacarrissa, Longboard and Samuel Smith, or a majority of them, be and they are hereby authorized to lease and to farm let the undemised residue of the lands allotted to the Tuscarora Nation in Birtie County, for a term of years that shall expire and end when the lease made by the Tuscarora Nation to Robert Jones and others, in the year of our Lord one thousand seven hundred and sixty-six, shall end and expire; and also extend the term or terms of the leases already made or granted for a shorter term, to a term or terms which shall expire at the same time with the said lease made in the year one thousand seven hundred and sixty-six, in such parcels and on such rents and conditions as may be approved by the commissioners appointed in pursuance of this act and which may best promote the interest and convenience of the said Indian nation.

“And, whereas, some difficulties have arisen respecting the receipt and payment on the rents of some of the present leases.

” To make alterations with respect to rents .

Article II. Be it further enacted, That the said chiefs, or a majority of them, be, and they arc hereby authorized to make such alterations, by covenant and agreement, respecting the payment and receipt of any rents due, or that may become due on any of the existing leases, as the commissioners appointed in pursuance of this act, or a majority of them shall approve.

“Whereas, the said Indian chiefs are ignorant of the usual forms of business, and may want advice and assistance in transacting the business respecting their lands, for remedy whereof and to prevent their being injured.

” Governor to appoint three commissioners to carry this act into effect .

Article III. Be it further enacted, That the Governor shall appoint three commissioners for the purpose of carrying the provisions of this act into effect; and no lease, grant, demise, covenant or agreement made by the said Indian chiefs as aforesaid, respecting said lands, or the rents thereof, shall be good or valid in law, unless the same shall be approved by the said commissioners, or a majority of them, and such approbation shall be expressed in writing and annexed or endorsed on such lease, covenant or agreement, and registered in the Register’s Office in the county of Birtie, together with said lease or agreement; and the said commissioners shall receive the sum of twenty shillings per day for their compensation and expenses, to be paid out of the monies received by the said chiefs on leasing said lands.

” Possessions of the tenants to be deemed the possessions of the Tuscarora Indians .

Article IV. And be it further enacted. That the occupancy and possession of the tenants under the said lease, heretofore confirmed by act or acts of the general assembly, and such leases as may be made under this act, shall be held and deemed in all cases whatsoever, the occupancy and possession of the said Tuscarora Nation, to all intents and purposes, as if said nation, or the Indians thereof, or any of them, actually resided on said lands.

“Whereas, The said chiefs, Sacarrissa, Longboard, and Samuel Smith, being duly and freely authorized and empowered by the said Tuscarora Nation, have consented that the Indians’ claim to the use, possession, and occupancy of said lands shall cease and be extinguished, when the said lease made in the year one thousand seven hundred seventy-six, to Robert Jones and others, shall expire.” The land to revert to the state.

Article V. Be it enacted, That from and after the twelfth day of July, which shall be in the year One Thousand nine and sixteen, the whole of the lands allotted to the said Tuscarora Indians, by act of General Assembly passed at Newbern, on the fifteenth day of October, in the year of our Lord One Thousand seven hundred and forty eight, shall revert to, and become the property of the state, and the claim thereto, from that time, be held, and deemed forever extinguished.

” If any of the lands be vacant it is not to be entered but by an express act .

Article VI. And be further enacted, After the said lands shall revert to the State, if the same or any part thereto, shall be vacant, the same shall not be liable to the entry or entries of any person or persons, without an express act of the legislation to that effect; Provided always, That it shall not be lawful for any person or persons to make any entry or entries on the said lands, after the passing of this act. Provided always, That nothing in this act contained shall be construed so as to effect the title of any individual; Provided nevertheless, That no lot or parcel of lands laid off under the direction of said commissioners, shall exceed two hundred acres; And Provided further, That no lease shall be made but by public auction, of which due notice shall be given in the Halifax and Edenton newspapers.”

Acts of assembly from 1821 to 1825, page 13, chapter 13, state library.

“An act concerning the lands held under leases from the Tuscarora tribe of Indians.

“Whereas it is represented to this General Assembly, in behalf of persons holding lands under leases, for a long term of years from the Tuscarora tribe of Indians that they are subject to great inconveniences from their estates being mere cattle interest: For remedy whereof, Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same.

“That the estates in lands now held by certain individuals, under leases for a term of years from the Tuscarora tribe of Indians, made in pursuance of certain acts of the General Assembly of this State, shall be hereafter considered real estate; shall descend to, and be divided among the heirs of any intestate, subject to dower and tenancy by courtesy, and other incidents to real estate, and its liability to execution, and its conveyance and devise, shall be governed by the same rules as are now prescribed in the case of real estate held in fee simple; Provided that nothing herein contained, shall be so construed as to give to the individuals holding the said term of years, a right to enjoy the same for a longer period than is designated in the leases executed by the Tuscarora Indians, in pursuance of acts of the General Assembly of this state, nor as to give to said individuals any right which by the constitution of this state, is exclusively confirmed to the freeholders.”



MLA Source Citation:

Johnson, Elias. Legends, Traditions, and Laws of the Iroquois, or Six Nations and History of the Tuscarora Indians. Lockport, New York: Union Printing and Publishing Co. 1881. AccessGenealogy.com. Web. 28 August 2014. http://www.accessgenealogy.com/native/laws-of-north-carolina-a-d-1780.htm - Last updated on Jun 4th, 2013


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