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An Act to provide for a division of negroes and other chattel property held in common. 1829-1830 22 (1829)

handle is hein.slavery/ssactsnc0112 and id is 1 raw text is: .  AWVS OF NORTHI CAROLINA.

CHAIIPTER XVil /
An iet to provide for n division of negres and otlier cattel property held in
le it enacted by the General A4ssembly of the Slate of North
i'crson desir. Carolina, and it is hereby r cated by the authority if the wane,
1ig it ivision, That from and after the passing of this act, whent any two or
*t'py file n 1it more persons shall be entitled, as tenants in common, to any ne-
t1oiiin court. gro or negroes, or other chttel property, anti any one, more or
all shall be desirous to have a division of the same, it shall and
may be lawful for such person or persons to file a petition in the
County or Superior Court foe that purpose. under the same rules
as are prescribed by the act of one thousand seven hundred and
sixty. two, entitled an act for the better care of orphans and so-
curity and management of their estates; and wLen a sale of sudr
property may be deemed necessary by the court, it may be or-
Tow colut  dered in such manner as to secure to cach tenant in common his
nlvi der a or her rateable share, in severalty, of the proceeds of such sale;
but when a sale of such property in conniin is not by the court
deemed necessary, and a division can be hal without, then the
court may appoint th. ee frecholders unconnected with the par-
ties by consanguinity or affinity, who, first being duly sworn,
shall (ivide such property as nearly co-equal as possible, and allot
to each tenant in counon his or her share in severally, and
make report to court as directed; and if such report be confirm-
ed by the court, a decree or judgment shall-be entered accord-
ingly, and vest in each tenant in common his or her share in seve-
rIal ty.
11. And be it further enacted, That tie freeholders shall be en-
]i~oiders, titled to acompensation for their services, to be adjudged of by
copesato the court and taxed in the bill of cost; all of which shall be paid
by the parties to said petition in such manner as the court may
deem just.
CHIAPTER XVIll.
An act to anend and improve the Ilickorv Nit Gnp roaul.
Be it enacted b, the General Rssemibli of the State of North
lpropiria. Carolina, and it i-s hereby enacted by the authority of the came,
That twelve hundred dollars be, and the same is hereby appro-
priated, out of the fund for internal improvements, to amend and
inprove the Hickory Nut Gap road from Rutherfordton to Ash-
villeFI.
II. Be it further enacted, That Theoderick F. Bircheft and
doinmission. James Graham be, and they are hereby appointed comnissioners
crs.       to receive the afioresaid sum, and to apply the same in amending
and improving said road.
Cbms'rstore  III. Be it further enacted, That said commissioners shall re-
tn   a     turn to the Board of Internal Improvements a detailed statement
penditures. of each expenditure of said appropriation.
IV. Be it further enacted, That said commissioners may make
Alicrations  all necessary alterations in said road; and if any person shall
1111Y lie Made n
the road, & sustain damages thereby, such person may petition the Court of
damwagespaid. Pleas and Qu.rtor Sessions (if the county in which said road may
.be so altere.d, and the court may direct the sheriff to summon a.

22.

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