General Assembly Act Confirming Land Sale

1769 – Records of the Executive Council Papers, 1769

Order in Council – January 11 1769 – At the Court at St. James’s the 11th day of January 1769.

Acts of the North Carolina General Assembly, 1766

North Carolina. General Assembly November 03, 1766 – December 02, 1766 Volume 25, Pages 494-509

http://docsouth.unc.edu/csr/index.html/document/csr25-0049

Whereas the Governor of His Majesty’s Province of NC with the Council and Assembly of the said Province did in 1766 pass an Act which hath been transmitted in the words following.

CHAPTER XXIX.

An Act for confirming a lease made by the Tuscarora Indians to Robert Jones, Jun., William Williams and Thomas Pugh, Esquires.

I. Whereas, a number of the Tuscarora Indians, being desirous of moving themselves from their lands on Roanoke river, in Bertie county, in this province, and settling and incorporating themselves with the nations of Indians on the River Susquehannah; and whereas, the said Tuscarora Indians, in order to defray the expence of removing themselves and their effects from this province to the settlements on the river Susquehannah, did, on the twelfth day of July, in the year one thousand seven hundred and fifty-six [should be sixty-six], for the consideration of fifteen hundred pounds, proclamation money, before that time paid and advanced to them, the said Tuscarora Indians, by the said Robert Jones, William Williams and Thomas Pugh, by an indenture under the hands and seals of James Allen, John Wiggins, Billy George, Snip Nose George, Billy Cain, Charles Cornelius, Thomas Blount, John Rogers, George Blount, Wineoak Charles, Billy Basket, Billy Owen, Lewis Tuffdick, Isaac Miller, Harry, Samuel Bridgers, Thomas Seneca, Thomas Howit, Billy Sockey, Billy Cornelius, John Seneca, Thomas Basket, John Cain, Billy Dennis, William Taylor, Owens, John Walker, Billy Mitchell, Billy Netop, Billy Blount, Tom Jack, John Lightwood, Billy Roberts, James Mitchell, Captain Joe and William Pugh, chieftains and headmen of the said nation of Tuscarora Indians, for and on behalf of themselves and the rest of the Indians of the said Tuscarora nation, on the one part, and the said Robert Jones, William Williams and Thomas Pugh, of the other (p 508) part, did demise, grant and to farm let, a certain dividend of land, situate and lying on Roanoke river, in the county aforesaid, containing about eight thousand acres, be the same more or less, and bounded as follows, to-wit: Beginning at the mouth of Deep Creek, otherwise called Falling Run, thence running up the said creek to the Indian head line; hence by the said line south fifty seven degrees east one thousand two hundred and eighty poles; thence a course parallell with the general current of the said creek to Roanoke river aforesaid, and up the river to the beginning; together with all trees, timber trees, woods, underwoods, ways, waters and appurtenances whatsoever, to the said dividend, tract or parcel of land belonging or in any wise appertaining; to have and to hold the said dividend, tract or parcel of land, with all and singular the appurtenances unto the said Robert Jones, William Williams and Thomas Pugh, their executors, administrators or assigns, without impeachment of waste, to be by the said Robert Jones, William Williams and Thomas Pugh, respectively, their executors, administrators and assigns, held and enjoyed in severalty; that is to say, one third part of the said dividend, tract or parcel of land, into three equal parts to be divided, unto the said Robert Jones, his executors, administrators and assigns; one other third part thereof, the same into three equal parts to be divided, unto the said William Williams, his executors, administrators and assigns; the remaining third part thereof, the same into three equal parts to be divided, unto the said Thomas Pugh, his executors, administrators and assigns; from the said twelfth day of July, in the year aforesaid, for and during the term of one hundred and fifty years from thence next ensuing, and fully to be compleated and ended, the said Robert Jones, William Williams and Thomas Pugh, their executors, administrators and assigns, yielding and paying therefor yearly, and every year during the said term, to the said Tuscarora Indians and their assigns one pepper corn, if demanded, at or upon feast of St. Michael the Archangel.

II. And whereas, the said nation of Tuscarora Indians are desirous that the indenture of the lease made between the said James Allen, John Wiggins, Billy George, Snip Nose George, Billy Cain, Charles Cornelius, Thomas Blount, John Rogers, George Blount, Wineoak Charles, Billy Basket, Billy Owen, Lewis Tuffdick, Isaac Miller, Harry, Samuel Bridgers, Thomas Seneca, Thomas Howit, Billy Socket, Billy Cornelius, John Seneca, Thomas Basket, John Cain, Billy Dennis, William Taylor, Owens, John Walker, Billy Mitchell, Billy Netop, Billy Blount, Tom Jack, John Lightwood, Billy Roberts, James Mitchell, Captain Joe and William Pugh, Chieftains and headmen of the said nation of Tuscarora Indians, and the said Robert Jones, William Williams and Thomas Pugh, should have the force and validity of the Assembly; and that it shall be lawful for the said Robert Jones, William Williams and Thomas Pugh, their executors, administrators and assigns, to enter upon, occupy, possess and enjoy the said dividend, tract or parcel of land, demised as aforesaid, without let, hindrance or molestation of any person or persons whatsoever, and without incurring any penalties whatsoever by reason of their so entering upon, occupying, possessing and enjoying the said tract or parcel of land, without impeachment for waste.

III. And whereas, the said Robert Jones, since the said twelfth day of July, in the year aforesaid, hath departed this life, having first made his last will and testament, and therein and thereby bequeathed his proportion and share of the said tract or parcel of land, demised as before said, unto his sons Allen Jones and Willie Jones, their executors, administrators, and assigns; (p 509)

IV. Be it therefore Enacted by the Governor, Council and Assembly, and by the Authority of the same, and it is hereby Enacted, That the said indenture of the demise is hereby ratified and confirmed; and that it shall and may be lawful for the said Allen Jones and Willie Jones, in right of the said Robert Jones, the said William Williams, and Thomas Pugh, their executors, administrators, and assigns, to enter upon, occupy, possess, and enjoy the said dividend, tract or parcel of land, according to the form and effect of the said indenture of the demise; that is to say, that it shall and may be lawful for the said Allen and Willie Jones, their executors, administrators, and assigns, to enter upon, occupy, possess, and enjoy, one third part of the said dividend, tract or parcel of land, the same to be divided into three equal parts, for, and during the term aforesaid; the said William Williams, his executors, administrators and assigns, to enter upon, occupy, possess, and enjoy, one third part thereof, the same into three equal parts to be divided, for and during the term aforesaid; and the said Thomas Pugh, his executors, administrators and assigns to enter upon, occupy, possess, and enjoy, the remaining third part thereof, for and during the term aforesaid.

V. And be it further Enacted, by the Authority aforesaid, That the said Allen Jones, Willie Jones, William Williams, and Thomas Pugh, their executors, administrators, and assigns, are hereby exempted from the penalties of an Act of Assembly, passed at New Bern the fifteenth day of October in the year of our Lord One Thousand Seven Hundred and Forty-eight, intituled, An Act for ascertaining the bound of a certain tract of land formerly laid out by treaty for the use of the Tuscarora Indians, so long as they or any of them shall occupy or have the same and to prevent any other person or persons taking up land, or settling within the said bounds by pretence of any purchase or purchases made or that shall be made from the said Indians; and that shall and may be lawful for the said Allen Jones and Willie Jones, William Williams, and Thomas Pugh, their executors, administrators, and assigns, to occupy, possess and enjoy, the said dividend, tract or parcel of land demised as aforesaid, during the term aforesaid, without impeachment of waste, and without the let, molestation, or hindrance, of any person or persons whatsoever.

VI. Provided always, and be it Enacted, by the Authority aforesaid, That nothing herein contained shall be construed as to invalidate the title or titles of any person or persons who have obtained in a grant or grants for any tract or parcel of land within the limits or boundaries of the lands of the said Tuscarora Indians, before the fifteenth day of October, one thousand seven hundred and forty eight.

VII. Provided also, and it is hereby Enacted, by the authority aforesaid, That the said Allen Jones, Willie Jones, William Williams, and Thomas Pugh, their executors, administrators, and assigns, shall yearly and each year, during the term aforesaid, on the twenty first day of March pay the right honourable Earl of Granville, his heirs and assigns, a quit rent of four shillings, Proclamation Money, for every hundred acres of land contained within the limits or boundaries of the lands demised as aforesaid: and in case the said quit rents shall be in arrear at any time within the term aforesaid, that then it shall and may be lawful for the Earl of Granville, his heirs and assigns, to sue for and recover all such arrearages of rent, of and from the said Allen Jones, Willie Jones, William Williams, and Thomas Pugh, their executors, administrators and assigns, by all lawful ways and means whatsoever.

And whereas the said Act together with a Representation from the Lords Commissioners for Trade and Plantations thereupon, having been referred to the consideration for the Committee of the Lords of His Majesty’s most Honourable Privy Council for Plantation affairs, the said Lords of the Committee did this day report as their opinion to His Majesty that the said Act was proper to be approved.  His Majesty asking the same into consideration was pleased with the advice of this Privy Council to declare his approbation of the said Act and pursuant to his Majesty’s Royal pleasure thereupon expressed, the said Act is hereby confirmed, finally enacted and ratified accordingly.  Whereof the Governor or Commander in Chief of his Majesty’s said Province of NC for the time being and all others whom it may concern are to take notice and govern themselves accordingly.  Steph.  Cottrell

Recorded Sept. 27 1769

John London Deputy Sec.