Page:The Federal and state constitutions v5.djvu/230

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The Concessions and Agreement of the Lords Propryators of the Province of Carolina to and with the adventurers of the Island of Barbados and their associates of England New England the Carribbia Islands and Barmothos to the Province of Carolina and all that shall plant there In order to the setling and planting of the Countye of Clarendine the County of Albermarle and the County which latter is to bee to the southward or westward of Cape Romania all within the Province aforesaid.

1. Imp$ris$ Wee doe consent and agree that the Governor of each County hath power by the advise of his Councill to depute one in his place and Authority in case of death or removall to continue untill our further order unless wee have commissionated one before.

2. Item That he hath likewayes power to choyce of and to take to him six Councillors at least or twelve at moast or any even Number between six and twelve with whose advise and consent or with at least three of the six or fower of a greater Number all being summoned he is to govern according to the Lymitacons and Instructions following during our pleasure;

3. Item That the chiefe Registers or Secretarys which wee have chosen or shall chuse wee fayling that hee shall chuse shall keepe exact entereyes in faire bookes of all publicke affaires of the said Countyes and to avoyde deceiptes and lawsuits shall record and enter all Graunts of Land from the Lords to the planter and all conveyances of Land howse or howses from man to man, As alsoe all leases for Land howse or howses made or to be made by the Landlord to any tenant for more than one yeare, which conveyance or Lease shalbe first acknowledged by the Grant$r$ or Leasor or proved by the oath of two witnesses to the conveyance or Lease before the Governor or some Cheife Judge of a Court for the time being whoe shall under our hand us grant upon the backside of the said deeds or Lease attest the acknowledgement or proofe as aforesaid which shalbe our grant for the Registers to record the same which Conveyance or Lease soe recorded shalbe good and effectual in Law notwithstanding any other conveyance deede or Lease for the said Land howse or howses or for any part there although dated before the Conveyance deede or Lease soe recorded as aforesaid And the said Registers shall doe all other thing or things that wee by our instructions shall direct and y$e$ Governors Councell and Assembly shall ordaine for the good and wellfaire of the said Countyes;

4. Item That the surveyor Gen$ll$ that wee have chosen or shall chuse wee fayling that the Governor shall chuse, shall have power by himself or Deputy to survey ley out and bound all such Lands as shalbe granted from the Lords to the Planters (and all other Lands within the said Countyes &c which may concerne particular men as he shalbe desired to doe) And a particular thereof certifie to the Registers and Surveyors or either of them shall soe misbehave themselves as that the Governor and Councill or Deputy Governor