Whereas his Majesty out of his Paternal care Royal Bounty and Compassion for the unhappy Condition of the Inhabitants of this Colony, did Purchase from the late Lords Proprietors the Soil and Dominion thereof, with all the Arrears of Quit Rents accruing and then due, and has been Graciously Pleased to take his Subjects of this Province under his immediate Protection; And Whereas the confusions of this Government have in a great Measure Proceeded from the want of Proper Laws and a Rent Roll of the Rent reserv'd and made Payable to his Majesty; Wherefore to the End that the Arrears of his Majesty's said Quit Rents which still Remain due and Payable since his Majesty's said Purchase of the Soil and Government, as well as such Rents as shall become due and Payable to his Majesty his heirs and Successors, may be the better ascertained and Collected, We humbly pray Your most sacred Majesty that it may be enacted

And be it Enacted by his Excellency Gabriel Johnston Esqr. Governour by and with the advice and consent of his Majestys Council and the Assembly of the said Province That all Persons seiz'd or Possessed of any Lands in this Province by any Title or claim whatsoever under the late Lords Proprietors, shall within eight months after the Ratification of this Act, Register or tender to be Register'd their Original Grants Patents or mesne Conveyances in the Office of his Majesty's Auditor General or his Deputy, if such lands are not allready Registred in the said Office for which the Auditor General or his Deputy shall Receive no fee or Reward; or with the Clerk of the County Court where such Lands may lye, who shall take and Receive ten shillings Bill Money for each Patent Grant or Mesne Conveyance or the Abstract thereof, which abstract shall contain the Buttings and Boundings or Descriptions of the said Lands so Registred; and shall likewise Transmit an exact Copy of each and every Patent Grant or Mesne Conveyance, or the Abstract thereof so Registered, to the Office of his Majesties Auditor General or his Deputy on or before the first Day of January next after the Ratification of this Act, under the Penalty of five Pounds Proclamation Money to be recover'd by Action of Debt Bill plaint or Information in any of his Majestys Courts of Record within this Province, wherein no Essoin Protection Injunction or Wager of Law shall be admitted or allow'd of by any Person who shall sue for the same. And that all grants allready made or to be made by his Majesty his heirs and Successors shall in like manner be Registred in the Office of the said Auditor General or his Deputy within the space of six Months after the Ratification of this Act or within Six Months after the Date of their respective Patents or Grants.

And be it Further Enacted by the Authority aforesaid that all Patents [illegible] under the Late Lords Proprietors or his Majesty his heirs and Successors and all Mesne Conveyances which shall not be Registred or tender'd to be Registred in the Manner aforesaid, shall be Deem'd and taken to be null and Void and all the Lands thereby Granted to be Vacant Lands, and shall and may be Granted by his Majesty his heirs and Successors to any Person whatsoever, Excepting all orphans and Minors who shall be allow'd twelve Months after they arrive at age if it shall be Neglected by their Executors Administrators or Guardians; but If such Executors Administrators or Guardians shall Neglect to have such Orphans or Minors Lands Registred as aforesaid, such Executor Administrator or Guardian shall forfeit the sum of fifty Pounds Proclamation Money to be recover'd in any Court of Record in this Province, one half to the Informer the other half to the Orphan or Minor so Injured; Excepting also all Persons now absent beyond the Seas who shall be allow'd five years for Registring such Grants as aforesaid, in case they continue so long absent; but if they arrive sooner in such case eight months after their Arrival. And for the better Ascertaining a Yearly Rent Roll to his Majesty, and for the Securing the Payment of the Quit Rents for such Land as shall hereafter be transferr'd from one Person to another by Mesne Conveyances,

Be it Further Enacted by the Authority aforesaid that the Publick register in each and every County within this Province shall on or before the first Day of February yearly and every Year Transmit to the office of his Majesty's Auditor General or his Deputy a true and exact list of all the Lands so conveyed within the County for which he is Register containing the Parties Names the Number of Acres situation of such lands and the Date of such conveyance under the Penalty of five Pounds Proclamation Money for each Neglect, to be recover'd by Action of Debt Bill Plaint or Information ina any of his Majesty's Courts of Record within this Province, wherein no Essoin Protection Injunction or Wager of Law shall be allow'd or admitted of, by any Person who shall sue for the same. And that the secretary for the time being or his Deputy do in like manner on or before the first Day of February Yearly and every Year Transmit to the Office of his Majesties Auditor General or his Deputy a true and exact list of all lands bequeathed by Wills Recorded in the Secretary's Office containing the Date of the will, the name or names of the Legatees the Number of Acres and the Counties where such Lands lye under the like Penalty to be recover'd as aforesaid.

And be it Further Enacted by the Authority aforesaid that all Arrears of Quit Rents now due or which shall become due either in Sterling or Proclamation Money to his Majesty his heirs and Successors shall be paid to the Receiver General or his Deputy in Silver Gold Paper Bills of the Province or in the following Comodities at the Prices and Rates by this Act settled, that is to say, Tobacco (to be paid and received in that part of the Province heretofore known by the name of Albemarle County only, and Subject to the Inspection and Regulation herein after Directed) at one Penny per Pound Sterling; Flax watter Rotted clear and Bright at three Pence per pound, Proclamation; Hemp Water Rotted clean and Bright at three Pence per Pound Proclamation, Deer Skins Indian Dressed not weighing less than one Pound at two shillings and Six Pence per pound Proclamation; Bees Wax good and free from Dross at ten pence half penny per Pound Proclamation Money. And for the more easy Collecting of his Majesty's Quit Rents in that part of the Province formerly known by the name of Albemarle County, Be it Enacted by the Authority aforesaid that the Justice of each County may and are hereby Impower'd to erect or hire fitt Houses Prvies and other Necessarys at the several and respective Places Appointed for the receiving of the Comoditys in this Act Directed for Payment of Quit Rents and for Discharging the Expences thereof and for Paying the Person or Persons Imployed to receive the same, as by this Act is hereafter Directed, the said Justices may and are hereby required to lay a Poll tax Yearly not exceeding the Sum of fifteen Pence Proclamation Money, or the Value thereof, to be Collected by the Sheriff of each County, Deducting five per Cent for Collecting, to be paid into the Hands of the first Justice in Comission for the use hereafter Appointed.

And be it Further Enacted by the Authority aforesaid That the Receiver General may and is hereby Impower'd from time to time and as often as he shall see Occasion, to appoint a fitt and Skillfull Person in each County to receive and Inspect all such Commodity's as shall be tender'd to him for the Payment of Quit Rents who shall take the following Oath (videlicet) I: A: B: do solemnly Swear that I will to the best of my knowledge Inspect all Tobacco or other Commoditys brought to me to be Inspected and that I will Receive no Comodity that is not Merchantable, nor refuse any that is Merchantable and good So help me God and give Bond to the Receiver General for the faithfull Executing and Performing his said Office or Trust; and who shall attend at the said Ware Houses from the first Day of March Yearly for and During the space of ten Days at each Ware house; and the said Inspector where more than one Warehouse is in a County, shall fifteen Days before the first said day of March put up Publick notice at the most Publick Places at what Ware house he will Attend first to Inspect and receive any of the Comoditys in this Act Mention'd; and who shall give Proper Discharges or receipts to any Person or Persons paying to him any of the Comoditys aforesaid; which Person or Persons so Deputed by the Receiver shall be agreed with and paid for his Trouble and Attendance as aforesaid by the Justices of each and every of the respective Counties aforesaid, not exceeding fifteen Shillings Proclamation Money per Day, the same to be paid in Comodities as in this Act is rated or Bills Equivalent.

And be it Enacted by the Authority aforesaid That if any Person or Persons shall tender or Offer to the said Inspector in Discharge of his Quit Rents any Comoditys in this Act mentioned not Merchantable or good in it's kind, the Inspector may not only refuse the same but may also Apply to the next Magistrate who is hereby required to Issue his Warrant to two of the most Substantial free holders in the neighbourhood of the said Ware house who on their Oaths shall further Inspect the said Comodities so tender'd; and if they shall be of Opinion that the same is not merchantable or good in its kind such Comodities shall be forfeited and sold at Vendue for the use of the Poor of the Parish, and the Party pay Costs; and shall pay such Rents then due in Gold or Silver only; and the Inspector is hereby Declared not to be liable to any Costs.

And be it Further Enacted by the Authority aforesaid That every Tenant shall be allow'd thirty Pounds of Tobacco for the charge of every full Hogshead of Merchantable Inspected Tobacco, not weighing less than five Hundred Weight, he shall pay to the Inspector for Quit Rents, in case he shall pay the same in cash, to be of the Dimenssions following (Videlicet) length of the stave forty Eight Inches and Breadth of the Head thirty two Inches.

And be it Further Enacted by the Authority aforesaid That every Tenant shall be Allow'd twelve and a half per cent Discount for each Hundred weight of Tobacco he shall carry and pay in Discharge of Quit Rents at any of the Ware houses in this Act Mention'd, and so in Proportion for a greater or lesser Quantity.

And be it also Further Enacted by the Authority aforesaid That all Rents reserv'd and made Payable on any grants or Patents for Lands if paid or tender'd to be paid in Gold or silver shall be paid at Proclamation Standard Penny for Penny for such Summ or Summs Payable by Virtue of such Grants or Patents Current Money of any other Denomination or any thing in such Patents or grants contain'd to the contrary notwithstanding. But if the said Rents are paid in any of the Commodity's in this Act mention'd, the same shall be taken in manner following, (that is to say) in all Grants or Patents where Proclamation money is not mention'd or Express'd, twenty four Pounds weight of Tobacco, or one Pound of Indian Dress'd Deer Skins, or three Pounds of Bees wax, or ten Pounds of Hemp, or ten Pounds of Flax, or any of them, shall be paid for one Hundred Acres of Land, where the Rent reserv'd is two Shillings for each Hundred Acres, and so in Proportion for a greater or lesser Quantity of Land, and for a greater or lesser Rent reserv'd, and made Payble on any Grant for one Hundred Acres, and at that rate for a greater or lesser Quantity, where Proclamation Money is not Particularly mention'd; but where the Rent reserv'd in each Grant, or Patent, is Particularly Express'd Proclamation Money, the same shall be paid in Comodities as rated in this Act, save Tobacco which is to be paid in Albemarle County only; and also if the said Rents are paid in Bill money the same shall be valu'd as in this Act is Directed, and shall be paid at the Places and at the times aforesaid to the Receiver or his Deputy, if Gold Silver or Bills; and if in Comoditys to the Inspector and no otherwise any thing in this Act contain'd to the contrary notwithstanding.

And be it Further Enacted by the Authority aforesaid That each of the said Inspectors shall account Yearly with the Receiver General at Edenton and give him his Notes for all and every the Comodity's he shall so receive Specifieing the Quantity of each Comodity and the County and warehouse where the same is lodged which notes shall be made Payable to the Receiver General or his Order, and the Comodity's therein Mention'd shall be Delivered to the Order of the said Receiver General by the Inspector without any Imbezelment or Diminution whatsoever.

And be it Further Enacted by the Authority aforesaid That every Person or Persons who shall tender Comodity's in Discharge of their Rents shall do it at the times and at the Places limited by this Act and not elsewhere.

And be it Enacted by the Authority aforesaid That the Justices of every County or the Majority of them shall on each and every Year at the first County Court after the first Day of August lay the Poll Tax aforesaid on the Inhabitants of such County, and Issue Precepts for Collecting of the same; and also agree with the Inspector Appointed by the Receiver General for his Salary agreeable to the Intent and Meaning of this Act; and if the said Justices shall Neglect so to do, each Justice of the said Court shall forfeit and pay for the use of his Majesty the sum of five Pounds Proclamation Money for every time they shall so Neglect, to be recover'd as other forfeitures in the Act are Provided.

Provided Allways That if his Majesty at any time hereafter upon Application of the Inhabitants of Albemarle County who hold land under the Grant Deed of the late Lords Proprietors Dated the first Day of May one Thousand Six Hundred and Sixty Eight, shall consent that the said Inhabitants shall or may pay their Quit Rents at any easier rate or Manner than is by this Act Directed, or shall grant to the said Inhabitants any other or greater Priviledge than is hereby reserv'd or given, that then and from thenceforth the said Inhabitants shall or may pay the Quit Rents in such manner and Enjoy such Priviledges as his Majesty shall consent to or Grant. And Provided Also that if this Act should be hereafter repeal'd, that then the said Grant Deed shall be in as full force to all Intents and Purposes as it was before this Act was made.

And for the better ascertaining the Value of such Publick Bills of Credit of this Province and the Proportion they do or shall bear to sterling or Proclamation Money, Be it Enacted by the Authority aforesaid, That the Exchange shall be regulated yearly and every Year on or before the sixth Day of March, by the Governour Council the Attorney and Receiver General for the time being and the Speaker and as many of the Members of the House of Burgesses as shall equal the number of Governour Council Attorney General and Receiver General for the time being or in case no Assembly shall be then in being the Person who was Speaker and an equal number of the House of Burgesses as aforesaid Imediately Preceeding, which said equal number of the House of Burgesses shall be nominated and appointed by the House of Burgesses every session.

And be it Further Enacted That all and every Person concern'd in fixing the said Exchange shall be Obliged before they give their Opinion to take and Subscribe the following Oath. I: A: B: do Solemnly Swear that in Ascertaining the Proportion betwixt the value of the Bills of Credit of this Province and sterling or Proclamation money, I will give my Opinion According to truth, and that to the best of my knowledge I will in this affair do Justice betwixt his Majesty and his Subjects So Help me God.

And be it Further Enacted by the Authority aforesaid That his Majesty's Quit Rents shall be paid Annually for Lands in the Part of the Province heretofore call'd Albemarle at Edenton and Bennet's Creek Bridge for Chowan County; at the Court House for Perquimons County; at William Relfs landing for Pasquotank County; at the Court House for Currituck County; at Mr. Joseph Spruils on Scuppernong and at Swift's Creek Bridge for Tyrell County at Campbels Landing near the mouth of Meherring at a Plantation belonging to the widow Moore or Mr. Whitmels near Cushy Bridge, at Samuel Buxton's on the North side of Roanoak for Bertie County, at Mr. Pratt's Plantation where Mr. Burnett now lives and at William Killingsworth's on Roanoak River for Edgcombe County.

And be it Further Enacted That his Majesty's Quit Rents for that Port of the Province formerly known by the name of Bath County, shall be paid Annualy at the following Places (Videlicet) at Bath Town for Beaufort and Hide Counties; at Newborne for Craven and Carteret Counties; at Newton on Cape Fear River for Bladen Onslow and New hanover Counties.

And be it Further Enacted by the Authority aforesaid that in case any Person or Persons shall be in Arrear to his Majesty his heirs and Successors for the Space of fourteen Days after Demand for any Quit Rents or Part of Quit Rents, the Receiver General or any Person by him Appointed shall enter on the Lands of the Defaulter and distrain, and the Proceedings thereon shall be According to the Laws statutes and Usage of England. Provided that no Distress be made upon Negroes Oxen or Horses of the Plow, nor any Necessary utensils for Husbandry, where other sufficient Distress is Produced; and if it shall happen that any Person shall be in Arrears for Quit Rents for the space of three Years after the Ratification of this Act and no Distress can be found on the Lands of the said Defaulter or within this Province, that then on Inquisition and Office found, the said lands shall revert to his Majesty his heirs and Successors; saving to all Orphans and Minors who shall be Allowed three Years after they come of age. And Whereas many original Patents or Grants from the late Lords Proprietors may be lost or Destroy'd or out of the Possession of the owners or Patentees

Be it Therefore Enacted by the Authority aforesaid, that the Records of such Patents or Grants or the abstracts of them Recorded in the Secretary's Office, or the Exemplification of the Records of such Patents and Grants shall be as good as if the originals were Produced, and that they may be Pleaded and given in Evidence as well as if the Originals were in being; and that if the Quit Rents reserv'd on such Patents or Grants cannot be Discover'd by the Record or Exemplification thereof, that then the Grantee shall be Chargeable with the highest Quit Rents that was actually reserv'd and made Payable to the late Lords Proprietors in the respective County where such land may lye. Provided allways that such Abstract or Exemplification be registred in the office of the Auditor General or his Deputy within the time limited by the Act. And Whereas several Persons have been many Years in Quiet Possession of Lands in this Province and have by fire or otherwise lost their Patents Grants or mesne Conveyances of their Lands

Be it Enacted by the Authority aforesaid that all Persons who have or those under whom they Claim have been in Quiet Possession of any Tract or Tracts of Land for the space of twenty Years after the Ratification hereof and shall Register such Proof in the Secretary's and Auditor General's Office, that then and from thenceforth such Persons their heirs and Assigns shall Quietly hold and enjoy such Tract or Tracts of Land against his Majesty his heirs and successors, he or they paying the Highest Quit Rents that were Actualy reserv'd and made Payable to the late Lords Proprietors in the respective Countys where such Land may lye at the times and in the Manner as by this Act is Directed. And Whereas great Disputes and Controversies have Arisen concerning the Validity of Patents Granted under the late Lds. Proprietors which have very much retarded the Settlement and Disturbed the Peace of this Colony, for the Preventing such Controversies for the future and Discovering any frauds that might have been carried on under cover of Patents Pretended to have been Issu'd under the Administration of the said Late Lords Proprietors and for confirming Quiet and Peaceable Possession to such as were fair Purchasers

Be it Enacted by the Authority aforesaid that all Patents which passed the Seal of this Province before the Twenty fifth Day of July one Thousand seven Hundred and twenty nine, which are registred in the Secretary's Office or in the Auditors office, or which shall be tender'd to be Registred in the office of the said Auditor or his Deputy within Eight Months after the Ratification of this Act, or for which the Quit Rents in such Patents reserv'd have been paid, shall be and they are hereby Declared to be good and Valid to all Intents and Purposes Whatsoever.

Provided allways that no such Grant which shall hereafter be tender'd to be registred within Eight Months shall be good and Valid so as to defeat the title of any Person claiming under his Majesty'd Grant, unless the Party shall prove before the Governour and Council to their satisfaction that such Grant was compleat before the time of Issuing the Warrant on which his Majesty's Grant was Founded.

And Provided that the whole number of Acres Granted from January one Thousand seven Hundred and twenty Seven to July one thousand seven Hundred and twenty Nine mention'd or Intended to be secur'd by this Act, do not exceed the number of one Hundred and fifty Thousand Acres Inclusive of what grants are now upon Record in the Secretary's Office; and that after the said Number of one Hundred and fifty Thousand Acres shall be registr'd in the Secretary's Office, all other Grants between the said abovementioned Dates shall be deem'd Void, and all such Persons who are at Present in Possession of Lands by Purchase Patents Passed under the late Lords Proprietors seal bearing Date on or since the twenty fifth Day of July one Thousand seven Hundred and Twenty Nine being the time when the Soil became Vested in the Crown and before the arrival of any Governour appointed by his Majesty, shall not be Disturbed or call'd in Question concerning their Right to such lands untill his Majestys Pleasure concerning such Patents shall be made known.

And if his Majesty shall Disapprove of the said Grants that then and in such case those Persons claiming by and under such Grants or Patents shall be Intituled to hold the same under the Quit Rents reserv'd and made Payable by his Majesty's Grants.

And Whereas it may so happen that Divers of the Grants issued by his Majesty's Governour and Council may Interfere with those Grants Pass'd under the Lords Proprietors seal since the twenty fifth of July in the Year one Thousand seven Hundred and twenty nine Be it Enacted by the authority aforesaid that all such his Majesty's Grants shall be Deem'd good and Valid unless it shall Appear that such grants were Surreptitiously obtain'd (that is to say) that the king's Grantee obtain'd his Grant, when at the time the same bears Date, the Proprietors Patent was Actualy Recorded in the secretarys office, and such land had been Improv'd by himself or others; or where the Lords Proprietors grant or Patent was at the time his Majesty's grant bears Date recorded in the Secretary's Office, and the land was then generally reputed to be held by the Proprietor's Patent or Grant or where the Lords Proprietors Patent or Grant at the time the King's Grant bears Date was Actualy recorded in the Secretary's Office, and the Kings Grantee was told of such grant.

And Provided also that his Majesty's grant shall not affect the Lands of any Person who claims under the Lords Proprietors Patent who were Minors at the time his Majesty's grant bears Date; and the Governour and Council are hereby Authorized to decide all Questions relating thereto. Provided the Persons claiming under the Lords Proprietors grant Exhibit Petitions in the Secretary's Office within twelve Months after the Ratification of this Act.

And be it Further Enacted by the Authority aforesaid that all arrears of Quit Rents that were due or owing to the late Lords Proprietors or to his Majesty on the twenty fifth Day of July one Thousand seven hundred and twenty nine by the Inhabitants of this Province be and are hereby Remitted and Discharged. And Whereas Divers Quit Rents reserv'd in the grants or Patents Issued under the late Lords Proprietors Seal and Payable on the twenty ninth Day of September Yearly and many of those Quit Rents reserved in his Majesty's grants become due and are Payable the Second Day of February Yearly Wherefore for the ease of the Inhabitants of this Province in paying their Quit Rents Be it Enacted by the Authority aforesaid that the Yearly Payment of Quit Rents due to his Majesty his heirs and Successors on the respective Patents or Grants heretofore Issu'd under the late Lords Proprietors and also those Issued under his Majesty's Great Seal of this Province, he and they are hereby made Payable for the time to come on the twenty fifth Day of March Yearly and every Year, any mention or recital in the several Grants to the contrary notwithstanding.

And all such summs of Money as shall be due from any Person since the aforemention'd times of Payment, shall be Included in the Quit Rents that shall become due the twenty fifth Day of March next after the Ratification of this Act and shall be paid to his Majesty's Receiver General and Accounted for Accordingly.

And be it Further Enacted by the Authority aforesaid That any Officer or Officers or any other Person who shall at any time be sued or Impleaded for Putting this Act in Execution, it shall and may be Lawfull for such Officer or Officers or other Person or Persons to Plead the general Issue and give this Act and the special matter thereof in Evidence and that this Act shall be held Deem'd and taken to be a Publick Act.

CO 5/333, fs. 18-22
Disallowed by the Privy Council in London on July 31, 1740, upon a recommendation from the Board of Trade. The board had found that “there is a Clause inserted in this Act for the better ascertaining the Value of the paper Money whereby a Power is given to the Governor and Council the Attorney and Receiver General and as many of the House of Burgesses as shall equal the Number of Governor Council Attorney and Receiver General to regulate the Exchange annually.” Acts of the Privy Council, 3:678-679.