Abbildungen der Seite
PDF
EPUB

place of holding the courts of the said county, on two several court days, that he will proceed by himself, or one of his deputies, to survey the lands therein mentioned on a certain day which he shall appoint, which day so appointed shall be one month at the least after the notice given or last time of advertising the same. And if any person, or his agent or attorney, as aforesaid, shall fail or neglect to attend the surveyor, with chain carriers, and a person to mark the lines as required by law, on the day appointed for that purpose, such entry shall become void, and the lands liable to be again entered for by any person holding a land warrant; and the surveyor shall return the warrant on which such entry was made, to the person owning the same; or his agent, which may nevertheless be located on any waste or unappropriated lands, or on the same lands, if not already taken by some other warrant. And the owners of entries already made, shall, on or before the said first day of January, appoint some person within the county where the lands lie, or their agent or attorney, who shall give notice of such appointment to the surveyor, within one month thereafter, or on failure thereof, his entry shall become void. Provided, That nothing in this or any other act shall extend to forfeit or make void any entry claimed by infants, or prisoners in captivity, but that all such persons shall have three years after their several disabilities are removed, to complete the same: Provided also, That, if on the day appointed by the surveyor for the surveying any entry as before directed, he shall be prevented, by accident or other cause, from making the same, such entry shall not, in that case, become void, but the surveyor shall give other notice as often as such cases shall happen. And whereas the principal surveyor of Jefferson county resigned his office in the month of July, in the year one thousand seven hundred and eighty-four, but after such resignation, and before notice thereof could be given at his office, sundry locations and surveys were made with the deputy, and it is just and reasonable to confirm the same:

4. Be it therefore enacted, That all such locations and surveys shall, to all intents and purposes, be good and valid, and shall entitle the persons claiming land under the same to the same preference as they would have had, if no such resignation had taken place.

CHAP. X.

An Act to dispose of the Waste and Unappropriated Lands in the Commonwealth of Virginia, on the Eastern Waters.

[Acts of October 1785, ch. 42, pa. 32.]

FOR a Be it enacted by the General Assembly, That

OR creating a fund in aid of the annual taxes, to discharge

any person may acquire title to so much waste and unappropriated land, lying within this commonwealth, on the eastern waters, as he shall desire to purchase, on paying the consideration of twentyfive pounds for every hundred acres, and so in proportion for a greater or smaller quantity, and obtaining certificate from the auditor of public accounts in the following manner: The considera

* See Rev. Code, vol. 1, ch. 86, sect. 5, pa. 142, the corsideration is two doľlars per acre without discrimination, except in the case of lands forfeited for the non payment of taxes.

No. X. tion money shall be paid into the hands of the treasurer, who shall give to the purchaser a receipt for the payment, specifying the purpose it was made for, which being delivered to the auditor, he shall give to such person a certificate thereof, with the quantity of land he or she is entitied to, and upon lodging the same in the land office, the register thereof shall grant to such person or persons a warrant, authorising the surveyor of the county where the land lies to lay off and survey the same therein, under the like fees, rules, regulations and restrictions, as are directed and prescribed for the issuing, entering, locating, surveying and granting patents on warrants, by the law now in force relative thereto. All fees accruing to the commonwealth, shall be paid into the treasury by the register of the land office, in the same manner, and under the penalties, as directed in the act appropriating the fees of the land office, in aid of the public revenue, and placing the register, his deputies and assistants, on the civil list; and the said fees, with the money arising on the sales aforesaid, shall be applied by the treasurer in aid of the funds set apart for payment of foreign creditors. Provided nevertheless, That nothing herein contained shall be construed to affect any legal entry made before the passing of this act, nor any pre-emption right to marshes or sunken grounds.

UNAPPROPRIATED LANDS, &c.

CHAP. XI.

same

An Act for safe keeping the Land Papers of the Northern Neck in the Register's Office.

[Acts of October 1785, ch. 47, pa. 36.]

Note. This act is published in the appendix to this volume, page (69)

CHAP, XII.

An Act for reviving, continuing and amending an Act to revive and amend in part an Act for giving further time to enter Certificates for Settlement Rights, and for Locating Warrants upon Preemption Rights, and for other purposes.

[Acts of 1786, ch. 3, pa. 5.]

HEREAS the act of assembly passed in the year one thou

1 W and seven hundred and eighty-four, entituled "an act to

revive and amend in part an act for giving further time to enter certificates for settlement rights, and for locating warrants upon pre-emption rights, and for other purposes," which was continued by several subsequent acts, did expire on the first day of November last, and it is expedient that the same should be revived, continued, and amended, Be it therefore enacted, That the said recited act shall be revived and continue in part, and be in force until the last day of December, one thousand seven hundred and eightyseven, within which time the register of the land office or his deputy, shall receive all plats and certificates of survey although not returned within the time heretofore limited by law and such lands shall not be considered as forfeited or liable to a forfeiture on that account.

2. And whereas the time allowed by law for entering certificates for settlement rights is expired, and it being adjudged necessary that the same ought to be revived and continued, Be it therefore

No. X.

UNAPPROPRIATED LANDS, &c. enacted, That it shall and may be lawful for the surveyors of this commonwealth within their respective counties at any time before the said last day of December, to receive and enter all such certifi cates, or the attested copies of such as shall be lost, and to proceed to survey the same as the law directs. Provided, Such attestation be made by the commissioners who granted the same, or by the clerk of the superior court of the district of Kentucky, or the re gister of the land office.

Provided also, and be it further enacted, That no county court within this commonwealth shall, after the passing of this act, exercise a power of granting certificates for settlement or pre-emp tion rights.

3. And whereas sundry persons have been prevented by unavoidable accident from obtaining and entering pre-emption war, rants before the register of the land office was prohibited from issuing any more warrants by a resolution of the general assembly, Be it further enacted, That all such persons shall be allowed until the said last day of December, to obtain and enter such warrants, And that every person entitled to a pre-emption warrant as aforesaid, shali pay into the public treasury thirteen shillings and four pence for every hundred acres of land in specie or audited certificates in full for the state price heretofore required, which being audited and a certificate thereof produced to the register of the land office, the said register is hereby authorised and directed to issue such warrant to the party entitled to the same or to his assigns.

4. And whereas by sundry acts of assembly entries and surveys on the eastern waters have been hitherto protected from forfeiture, and it is reasonable that a certain time should be limited for surveying such entries and making return thereof to the land office, Be it therefore enacted, That the entries for lands on the eastern waters, which have been legally made before the first day of January, in the year one thousand seven hundred and eighty, except entries made within the district of the Northern Neck, shall proceed to survey the same with all practicable dispatch, which surveys, together with those already made and founded upon entries of the above description, shall be returned into the register's office on or before the first day of October, one thousand seven hundred and eighty-eight, and not after, and on failure of such surveys being made and returned on or before the said first day of October, one thousand seven hundred and eighty-eight, such lands are hereby declared vacant and shall be liable to be located in the same manner, as other unappropriated lands within this commonwealth. And be it enacted, That the owners of entries for lands within the district of the Northern Neck regularly made before the seventeenth day of October in the year of our lord one thousand seven hundred and eighty-five shall proceed to survey the same, which surveys, together with those already made upon like entries, shall be returned into the register's office on or before the said first day of October one thousand seven hundred and eighty-eight, and on failure such entries are hereby declared void, and the lands liable to be located in the same manner, as other unappropriated lands within the said district. And the composition upon grants issued from the register's office on surveys under entries made as aforesaid may be paid cither in specie or audited certificates,

5. And whereas many surveys regularly made and returned into the proprietor's office before the said seventeenth day of October one thousand seven hundred and eighty-five, have been ungranted until they have become forfeited according to the rules of the said office, and it is reasonable the same indulgence should be extended to the people within the said district, as to the other ci tizens of this commonwealth, Be it enacted, That the owners of such surveys may, before the said first day of October one thousand seven hundred and eighty-eight, apply to and obtain from the register grants for the same upon paying the quitrents and composition due thereon in manner aforesaid, and on failure thereof the lands contained in such surveys shall be forfeited and may be granted in the same manner as other unappropriated lands within the said district. And any person possessing high lands within the said district to which any swamps, marshes, or sunken grounds are contiguous and not already appropriated shall have the preemption of such swamps, marshes or sunken grounds at the rate of twenty-five pounds by the hundred acres, until the said first day of October one thousand seven hundred and eighty-eight: And if such person shall not obtain a grant for such swamp, marshes, or sunken grounds before that time, then any other person may enter on and obtain a grant for the same in like manner as is directed for other unappropriated lands within the said district. But nothing herein contained shall be construed or extend to give liberty to any person to locate or obtain a grant for any unappropriated swamps, marshes or sunken grounds lying contiguous to the high land of any feme covert, infant, person not being compos mentis, or person out of the commonwealth, but such persons shall be allowed twelve months after the removal of their several disabilities for the pre-emption of such lands,

6. And be it further enacted, That where any caveat hath been entered in the proprietor's office of the Northern Neck before the seventeenth day of October in the year of our lord one thousand seven hundred and eighty-five, the person who entered such caveat shall, within twelve months next following, assign the causes thereof in the register's office, and proceed to prosecute the same, and on failure the same shall be taken and deemed dismissed, and a grant for the lands so caveated shall issue to the person, his assignees, or legal representatives, in whose favor the survey was made.

7. And whereas the act passed at the last session of assembly, entituled “an act to dispose of the waste and unappropriated lands in the commonwealth of Virginia on the eastern waters," directs that a composition of twenty-five pounds, for every hundred acres. of the said lands should be paid by the person or persons who shall obtain a warrant for the same, Be it enacted, That from and after the passing of this act the composition aforesaid may be paid in auditors warrants or audited certificates, any thing in the said re cited act to the contrary notwithstanding.

UNAPPROPRIATED LANDS, &c.
CHAP. XIII.

No. X.

An Act to amend an Act, entituled an Act to repeal an Act, entituled an Act concerning Entries and Surveys on the Western Waters, and for other purposes,

[Acts of 1786, ch. 11, pa. 14.]

1 WHEREAS at concerning entries and surveys on the

HEREAS the act, entituled "an act to repeal an act

western waters, and for other purposes" requiring that the owners of entries shall appoint agents or attornies in each county where such entries are made, and notify such appointments to the princi pal surveyor of the county, by the first day of February, one thousand seven hundred and eighty-seven, and declaring that on failurethereof, such entries shall be void, whereby many of the good people on the western waters, through ignorance of the said recited act, are likely to be injured by a forfeiture of their entries: For remedy whereof,

2. Be it enacted, That no entry shall be forfeited under the said recited act, for and during the term of two years, after the passing this act.

CHAP. XIV.

An Act to legalize the qualification of the late Surveyor of Yohoganin

[ocr errors]

County.*

[Acts of 1786, ch. 93, pa. 49.]

HEREAS it is represented to this present general assem bly, that Benjamin Johnston was, on the twelfth day of September one thousand seven hundred and eighty-three, legally commissioned surveyor of the county of Yohogania, but as no equrt was afterwards held in the said county (the extension of the boundary line between this state and Pennsylvania having included in the latter the magistrates, sheriff, and clerk) the said Benjamin Johnston could not qualify to his commission in manner directed by law, yet he entered into bond on the third day of October, in the same year, with two sufficient securities, before the late clerk of Yohogania court, and proceeded to the execution of his office. And whereas doubts have arisen whether the said Benjamin Johnston was legally qualified as surveyor, and thereby, the rights of individuals may be questioned: For remedy whereof,

2. Be it enacted, That the bond executed by the said Benjamin Johnston, as surveyor for the said county of Yohogania, before the late clerk of the said county court, shall be as good and valid in law, as if the same had been taken and executed in open court, and that all acts done by the said Benjamin Johnston, as surveyor, shall be as valid as if he had qualified to his commission in manner directed by law. Provided, That nothing contained in this act shall be construed so as to affect the rights of any person or persons, their heirs or assigns, claiming title to any of the lands by prior entries, surveys, patents, or pre-emptions.

* This county, on the extension of the western boundary line of Pennsylvania, being too small to form a distinct county, was added to the county of Ohio. Seq acts of 1785, ch. 69, pa. 36.

« ZurückWeiter »