Surveys to be according to priority of entry. When the duplicate may be issued. cates of such special surveyor, accompanied by a copy of the order of the county court appointing him, shall be deemed and held valid, as if done by a county surveyor duly elected. 13. The surveyor shall survey all entries of land according to the priority of such entry, paying due respect to the number of each warrant: and every grant obtained by any subsequent entry, otherwise than is by this chapter directed, shall be void: Provided, nevertheless, That nothing herein contained shall be construed to prevent any person who shall make a subsequent entry from surveying and obtaining a grant, as the law directs, for all such surplus land as shall remain, after the enterer of such land hath surveyed his entry as aforesaid. 14. When any person shall duly make an entry of lands warrant is lost, which shall not have become void by lapse of time, and upon which the entry taker shall issue is warrant of survey, and the same be lost by accident, the entry taker, on due proof being made to his satisfaction, by affidavit of the claimant or the surveyor or deputy surveyor, may issue a duplicate warrant of survey, of the same tenor and date, taking care to set forth, on the face of said warrant, that the same is a duplicate; in which case such warrant shall be as valid as the original. On the death, &c., of entry 15. In all cases where an entry shall be made, and the taker, succes'r entry taker shall die or resign before a warrant shall be issued thereupon, his successor shall issue a warrant. to issue warrants. How entry entries for themselves. 16. If any entry taker shall desire to make an entry in takers to make his own naine, the same shall be made in its proper place, before a justice of the peace of the county, not being a surveyor or assistant; which entry the justice shall return to the next county court, who shall insert it; and every entry made by or for such entry taker, in any other manner, shall be void. How surveyors to have surveys selvva. 17. When a county surveyor shall wish to have lands made for them- surveyed in the county where he acts as principal surveyor, for the purpose of obtaining a grant, the county court of said county shall appoint some person to make the survey, and the entry taker shall direct his warrant of survey to such person; and all certificates, surveys and plats of the same shall be made under the same regulations as prescribe the duty of the county surveyor in similar cases. Entry takers to make annual returns to see'y of state. Penalty for failure. 18. Every entry taker shall make return to the secretary of state, annually, on the first day of December, of all lands entered with him, under a penalty of two hundred dollars. 19. The secretary of state shall furnish the attorney general, at every spring term of the superior court of Wake county, with a certificate of failure in every case where any entry taker shall fail to make return agreeable to law; and T the attorney general shall move for judgment against such er to receive 20. The public treasurer shall receive the money for va- Public treasurcant and unappropriated lands, upon the presentation to him entry money. of the certificate of the secretary of state, setting forth the number and date of the entry, and quantity of acres found by the surveyor to be vacant, as the same may appear by the returns made to him from the surveyor or entry taker, or from the entry taker's warrant, or the plats of survey. tificate grants 21. No grant shall issue on the treasurer's receipt for the On what certhe money; but the comptroller shall make out and deliver to issue. to the secretary of state a certificate, conformable to each receipt by him countersigned, on which the secretary shall issue the grant. cated. 22. The secretary, on application of claimants, shall make How grants to out grants for all surveys returned to his office, which grants be authentishall be authenticated by the governor, countersigned by the secretary and recorded in his office, The date of the entry shall be inserted in every grant, and no grant shall issue upon any survey, unless the same be signed by the surveyor of the county; and every person obtaining a grant for lands shall, within two years after such grant shall be perfected as aforesaid, cause the same to be registered in the All grants to be registered. county where the land shall lie; and any person may cause to be thus registered any certified copy of a grant from the Copies may be office of the secretary of state, which shall have the same registered. effect as if the original had been registered. death of the enterer. 23. In case of the death of any person having made an How grant to entry of lands, pending the same or before making out the issue on the grant, the secretary shall issue the grant in the name of the decedent; and those interested, as heirs at law, devisees, tenants in dower, by the courtesy, or otherwise, shall have the same estate as if the land had been granted during the life of the decedent. lost, it may be 24. In all cases where the seal annexed to a grant is lost When a seal or destroyed, the governor may, on the certificate of the to a grant is secretary of state that the grant was fairly obtained, cause renewed. the seal of the State to be affixed thereto. sued, contrm 25. Grants of land made by the State to surveyors and Certain grants deputy surveyors, prior to the first day of January, one heretofore isthousand eight hundred and twenty-nine, upon surveys, ed. plats and certificates of the same, made by them for themselves respectively, without other illegality, and without fraud or partiality, the certificates in all cases being signed by the principal surveyor, are confirmed and declared to be good and valid. 26. All grants issued by the secretary of state, previous Certain other to the year one thousand eight hundred and twenty, on grants declared valid. Grants made upon entries extending into two or more firmed. surveys made fairly and without fraud, and signed by the deputy surveyor only, shall be good and effectual to pass all the right of the State in and to said land, in as full and ample a manner as if such returns had been made in due form: Provided, nevertheless, That nothing herein contained shall affect any entries made or grants obtained, on legal returns for such lands, previous to the year one thousand eight hundred and twenty-nine. 27. Whereas, many citizens of the State, on making entries of lands near the lines of the county wherein they reside, either for want of proper knowledge of the land laws counties, con- of the State, or not knowing the county lines, have frequently made entries and extended their surveys on such entries into other counties than those wherein they were made, and obtained grants on the same; and whereas, doubts have existed with respect to the validity of the titles to lands situated as aforesaid, so far as they extend into other counties than those where the entries were made: for remedy whereof, Be it enacted, That all grants issued on entries made for lands situated as aforesaid, when the money has been paid into the public treasury, shall be good and valid against any entries hereafter made or grants issued thereon. How to correct by surveyors or other officers in perfecting titles to land upon entries. Persons ag grieved by the Issuing of patents, how to proceed. 28. Whenever there may be an error by the surveyor in platting or making out the certificate for the secretary's office, or the secretary shall mistake in making out the courses agreeable to said returns, or misname the claimant, or make other mistake, so as such claimant shall be injured thereby, the claimant may prefer a petition to the court of pleas and quarter sessions, or the superior court of the county in which the land lies, setting forth the injury which he might sustain in consequence of such error or mistake, with all the matters and things relative thereto; and the said court (seven justices being present, if the petition is in the court of pleas and quarter sessions,) may hear testimony respecting the truth of the allegations set forth in the petition; and if it shall appear by said testimony, from the return of the surveyor or the error of the secretary, that the patentee of such lands is liable to be injured thereby, the court shall direct the clerk to certify such facts as appear to their satisfaction, to the secretary of state, who shall file the same in his office, and correct such error in the patent, and likewise on the records of his office. The costs of such suit shall be paid by the petitioner, except when any person may have made himself a party to prevent the prayer of the petitioner being granted, in which case the costs shall be paid as the court may decree. The benefits granted by this section to the patentees of land shall be extended in all cases to persons claiming by, from or under their grants by descent, devise or purchase. When any error is ordered to be rectified, and the same has been carried through from the grant into mesne conveyances, the court shall direct a copy of the order to be recorded in the register's books of the county: Provided, That no such petition shall be brought, but within three years after the date of the patent; and if brought after that time, the court shall dismiss the same, and all proceedings had thereon shall be deemed null and of no effect: And provided, also, That nothing herein contained shall affect the rights or interests of any person claiming under a patent issued between the period of the date of the grant alleged to be erroneous, and the time of filing the petition, unless such person shall have had due notice of the filing of the petition, by service of a copy thereof, and an opportunity of defending his rights before the court according to the course of the common law. 29. When any person claiming title to lands under a grant or patent from the king of Great Britain, any of the lords proprietors of North-Carolina, or from the State of North-Carolina, shall consider himself aggrieved by any grant or patent issued or made, since the fourth day of July, one thousand seven hundred and seventy-six, to any other person against law or obtained by false suggestions, surprise or fraud, the person aggrieved may file his petition in the superior court of law for the county in which such land may be, together with an authenticated copy of said grant or patent, which petition shall briefly state the grounds whereon such patent should be repealed and vacated; whereupon a writ of scire facias shall issue to the grantee, patentee, or the person, owner or claimant under such grant or patent, requiring such grantee, patentee or owner, to show cause why such grant or patent shall not be repealed and vacated. 30. The writ of scire facias shall be considered the Proceedings and judgment leading process, and all the proceedings thereon shall con- of the court in form to the general rules of practice in such cases, except such cases. where the scire facias cannot be made known to the defendant, when the court shall order publication in one or more papers for such time as they may think proper. If, upon verdict or demurrer, the court believe that the patent or grant was made against law, or obtained by fraud, surprise, or upon untrue suggestions, they may vacate the same; and a copy of such judgment, after being entered at large upon record, shall be filed by the petitioner in the sec- filed in secre Copy to be retary's office, where it shall be recorded in a book to be tary's office. kept for that purpose; and the secretary shall note in the margin of the original record of the grant the entry of the judgment, with a reference to the record in his office. Provisions not to apply to 31. Nothing contained in this chapter shall apply to the Cherokee lands lands commonly known as, and called Cherokee lands, but the said lands are to be disposed of and regulated according to the laws in relation thereto. [Ratified the 2d day of February, 1855.] Chap. 19. AN ACT TO EXTEND THE TIME FOR REGISTRATION OF GRANTS, Chap. 20. Repealing section. Substitute. DEEDS AND OTHER CONVEYANCES. SEC. 1. 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 all grants of land in the State, all deeds of conveyance, all conveyances of slaves, all powers of attorney, and every other instrument in writing which is required or allowed to be registered within a given time, and has not been proved and registered within such time, may be proved and registered within two years after the passage of this act, under the same rules, regulations and restrictions as heretofore appointed by law; and when so proved and registered, shall be as good and valid as if they had been duly proved and registered: Provided, That nothing herein contained shall be so construed as to extend to mortgages and conveyances in trust; and to marriage settlements. [Ratified the 20th day of January, 1855.] INSPECTORS. AN ACT TO AMEND THE 8TH SECTION OF THE 60TII CHAPTER OF SEC. 1. 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 8th section of the 60th chapter of the Revised Code, entitled Inspection, be stricken out, and the following substituted in its stead: All inspectors shall hold their office during good behavior, unless otherwise directed: And provided, That the inspectors of naval stores and lumber for the town of Wilmington shall be appointed by the county court of New Hanover, every two years, at the first court held after the first day of March; and where any inspector shall be guilty of neglect, mal-practice or misbehavior in office, on complaint made to the county court, they shall summon him to appear before them at the ensuing term; and, if he is found guilty by the verdict of a jury, they shall remove him from office, and appoint another in his stead. Two inspectors, whose duties shall be to inspect flour, provisions and forage |