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[See Rev. Code, vol. I. ch. 3, pa. 5.-Ch. 4, pa. 10—chan. Rev. pa, 99, 100. pa. 176. pa. 180. pa. 206. Acts of October 1784–Ch. 91, sect. 7, 8.]
CHAP. I. An Act for the safe keeping the Land Papers of the Northern Neck - - in the Register's Offce. [Acts of 1785, ch. 67, pa. 36.]
1 Wo: it is necessary and expedient that the records and papers upon which the titles to their lands of the citizens of this commonwealth depend, should be kept in the same office; and whereas it hath heretofore been customary to keep the records, documents, and entries of the lands within the district of the Northern Neck in the office of the late proprietor:
2. Be it enacted, That in future all such records, documents, books, and papers, shall be in the keeping of the register of the land office, in the city of Richmond, who is hereby appointed keeper of the same; and the executive shall, within three months from the passing of this act, cause the said records, documents, books, and papers, to be safely removed from the said proprietary office into the office of the register, who shall give a receipt for the same, which receipt shall be lodged in the council chamber, and recorded in the council books. And the expenses incurred by the said removal shall be paid out of the contingent fund.
3. And be it further enacted, That every person having title or claim to any land or lands within the Northern Neck, shall, on application, be furnished with an authenticated copy of any record, document, or writing, by the register; and such authenticated copies shall be evidence in all courts of record in which the title or quit rents of any of the said lands shall at any time be drawn into question. And whereas since the death of the late proprietor, the right honourable Thomas Lord Fairfax, no mode hath been adopted to enable those who had before his death made entries for waste and unappropriated lands in his office, nor to enable those who since his death have made entries within the said district, according to an act of assembly, entituled “An act concerning surveyors,” to obtain titles for the same,
4. Be it therefore enacted, That where any surveys have been heretofore made, or hereafter shall be made under entries made in the life of the said proprietor, or under entries made with the surveyor qf any county, under the act of assembly aforesaid, and which have been returned to the said proprietary office, or shall hereafter be returned to the register's office, the register shall make out grants therefor, to bear teste under the hand of the governor and the seal of this commonwealth, in the same manner as is by law directed in cases of other unappropriated lands ; and the surveyors with whom such entries have |. made, are hereby directed and empowered, to proceed to survey and record the same, and to make return of such surveys to the register's office, in the same manner, and within the same time, as is or shall be directed in cases of warrants issued for other unappropriated lands within this commonwealth, and thereupon grants shall issue in the Manner herein before directed.
- No. V.
5. And be it further enacted, That from and after the passing of this act, the unappropriated lands within the said district shall be subject to the same regulations, and granted in the same manner, and all caveats shall be proceeded upon, tried and determined, as is by law directed in cases of other unappropriated lands belonging to this commonwealth, .
6. And be it further enacted, That upon grants issued under this act, in consequence of entries heretofore made, a composition after the rate of thirteen shillings and four pence for every hundred acres, shall be paid to the register, to be by him accounted for and paid into the public treasury, in the same manner as other monies by him received by virtue of his office; and the surveyors within the said district shall for their services be entitled to and receive the same fees as other surveyors within this commonwealth for the like Services. --- * * - -
7. And be it further enacted, That the land holders within the said district of the Northern Neck, shall be forever hereafter exonerated and discharged from composition and quit rents; any law, usage, or custom, to the contrary notwithstanding.
An Act to extend the operation of an Act, entituled “An Act concerning Escheators” to the several Counties in the Northern
[Acts of 1785, ch. 53, pa. 37.]
1. * HEREAS the act of assembly, entituled “An act concerning Escheators.” does not in its operation extend to the counties in the Northern Neck, and it is necessary that eschea
tors should be appointed in the several counties in that district. 2. Be it therefore enacted, That the aforesaid act of assembly shall be carried into execution, and be in full force in the several counties in the Northern Neck. And the court of each of the said counties is hereby required to recommend to the governor and
council, some proper person to be commissioned escheator within
such county, on or before the first day of June next; and in case of the failure of such recommendation, it shall be lawful, and the governor is hereby required, to appoint and commission, as soon as may be, an escheator within each of the said counties, who shall be a resident of such county.
CHAP. III. 4n 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 re-emption Rights, and for other purposes. [Acts of 1786, ch. 3, pa. 6.]
6. And be it further enacted, That where any caveat hath been 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 dismisssed, 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.
An Act directing patents to issue upon certain surveys made by
1 time, as one of the surveyors of the right honourable Thomas Lord Fairfax, in that part of this commonwealth called
and known by the name of the Northern Neck, made a considerable number of surveys and entered them in a book for that purpose, and that before any plats and certificates thereof were made and
ioned to the land office, the said Richard Rigg departed this ife:
2. And whereas John M*Coole hath since the death of the said Richard Rigg, made out plats of such surveys from the said books and returned them to the land office with the respective fees upon oath, but no grants thereof can legally be issued; for remedy whereof, Be it enacted by the General Assembly, that the register of the land office, shall, and he is hereby empowered and required
HEREAS it is represented that Richard Rigg in his life
to issue grants conformable to the plats of surveys so returned into the land office in like manner as if the plats and certificates thereof
had been returned to the office in due form by the said Richard Rigg.
HEREAS sundry appropriations of lands supposed to lie within the Northern Neck, have been made in virtue of land warrants issued under the authority of the commonwealth of Virginia, which lands are claimed under Denny Fairfax, who was devisee of Thomas Lord Fairfax, late proprietor of the said Northern Neck : And whereas, the commonwealth has asserted a right to the said estate so devised to the said Denny Fairfax, he being an alien, which several claims remained undecided and are now pending in the court of appeals of this commonwealth and in the supreme court of the United States, and a proposition made by a resolution of the general assembly, in consequence of a petition from the counties of Hampshire, Hardy, and Shenandoah, for an accommodation of the said pending controversics, in the words following: “Resolved, That in case the devisees of Lord Fairfax, “ or those claiming under them, will relinquish all claim to lands “supposed to lie within the Northern Neck, which were waste
Lands located in the Northern Neck claimed by 1). Fairfax. Right of the commonwealth asserted.
Resolution of the gencral assembly containing
and unappropriated at the time of the death of Lord Fairfax, that it would be adviseable for this commonwealth to relinquish all claim to any lands specifically appropriated by the said Lord Fairfax to his own use either by deed or actual survey,” having
been accepted by a letter in the words and figures following:—
Richmond, November the 24th, 1796, Sir, being one of the purchasers of the lands of Mr. Fairfax, and authorised to act for them all, I have considered the resolution of the general assembly on the petition of sundry inhabitants of the counties of Hampshire, Hardy, and Shenandoah, and have determined to accede to the proposition it contains. So soon as the conveyance shall be transmitted to me from Mr. Fairfax, deeds extinguishing his title to the waste and unappropriated lands in the Northern Neck shall be executed, provided an act passes during this session, confirming, on the execution of such deeds, the title of those claiming under Mr. Fairfax, to lands specifically appropriated and reserved by the late Thomas Lord Fairfax, or his ancestors for his or their use. I remain Sir, with much respect and esteem, your obedient servant, John Marshall. The honourable, the speaker of the house of delegates.” For
carrying the said agreement and accommodation into effect:
peeds to be first
1. Be it enacted, That upon the execution of a deed by Denny
executed by Mr. Fairfax, or those having title under him or the said Thomas Lord FAirfax; means Fairfax, extinguishing on behalf of this commonwealth, his or
of completing the contract, &c.
their title to all lands lying within the Northern Neck, which, by the terms of the above recited proposal and agreement, he or they
are bound to relinquish, all claim right and title of the commonwealth of Virginia in or to any lands lying in the said Northern Neck, which is by the terms of the said proposal and agreement to be relinquished, shall from thenceforth be extinguished, null, and void ; and the said Denny Fairfax, or those claiming under him, and his or their heirs, shall hold the same, as if he the said Denny had been a native citizen of this commonwealth, and as if no escheat or forfeiture thereof had ever taken place; any law to the contrary notwithstanding.
Rights of individuals saved.
Saving to every person, other than this commonwealth, and
Denny Fairfax, and those claiming under him, any right or title,
in law or equity, which he or they may have to the lands in the said Northern Neck of Virginia, or any part thereof.
lying in the Northern Neck.”
December the 23d, 1797—Agreed to by the senates
ESOLVED, That the executive be requested, and they are hereby authorised to take such measures as they may deem * right, for carrying into complete effect, the act of the last session of the general assembly, entituled, “An act concerning certain lands
An Act authorising john Mayo, the younger, to build a Toll Bridge across james River. [Acts of 1785, ch. 100, pa. 70.]
An Act to authorise Francis Thornton, to build a Toll Bridge across
An Act authorising Nathaniel Ellicott and Isaac M'Pherson, to build a Toll Bridge across the River Occoquan, at the place therein mentioned.
[Passed December 17th, 1795—Acts of 1795, ch. 87, pa. 53.]
An Act authorising Thomas Mason, to build a Toll Bridge across the
An Act to fix the Tolls for passing Thomas Mason's Bridge, over
An Act to authorise Enoch Francis to erect a Toll Bridge over
4n Act to authorise Carter Beverley, to build a Toll Bridge over the North Branch of Rappahannock River. UPassed November 29th, 1796–Acts of 1796, ch. 69, pa. 37.]
An Act to authorise Landon Carter, to build a Toll Bridge over the
An Act to authorise Ferdinando Fairfax, to build a Toll Bridge over
An Act to authorise Robert Watkins, to build a Toll Bridge over * Appomattox River. [Passed December 30th, 1800—Acts of 1800, ch. 20, pa. 18.]
An Act to authorise William Colley, to build a Bridge over Smith's
Creek, near the Borough of Norfolk.
An Act authorising john Barnett and others, to build a Toll Bridge across Dan River. [Passed December 31st, 1801–Acts of 1801, ch. 40, pa. 25.1
An Act authorising Edmund Terrel, to build a Toll Bridge over
w An Act to establish a Draw Bridge over the Eastern Branch a Elizabeth River, within the County of Norfolk, and for other furposes. [Possed January 5th, 1803–Acts of 1802, ch. 51, pa. 38.1 Kk