Pages 287-303 
|  Pages 329-349
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| Pages 287-303
| Pages 329-349
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| CHAP. XXI. | ||||
| Edi. 1733 and 1752. | |||
| BE it enacted, by the governor, councill and burgesses of this present general assembly, and it is hereby enacted and declared by the authority of the same, That all and every person, male or female imported and coming into this colony and dominion free, has a right to fifty acres of land; and every christian servant, male or female imported after he or she becomes free, or time of servitude is expired, has a right to fifty acres of land for his or her importation; and every person coming into this colony, and importing a wife or children under age, hath a right to fifty acres of land for himself, his wife and every such child so imported, and certificate thereof shall be granted to every such free person and master of a family demanding the same, and to every servant after such their freedom in manner and form as is by this act hereafter directed, and that no person or persons by virtue of such importation shall hereafter claim any right to land other than the persons so imported as aforesaid, or those to whom they shall assign their right in the presence of two witnesses; any law, usage or custom to the contrary in any wise notwithstanding. | [From MS.] Importation right declared. 50 acres of land each. | |||
| Provided always, That nothing herein contained shall be construed to give a right to any factor, master of a ship or other seafaring man not setling him or themselves, and becoming tithable in the country, to claim or take up any land by colour of his or their importation, not to any person whatsoever to claim a right for his importation more than once. | Not to extend to transient persons. | |||
| * The title only, of this important act, is given in the editions of 1733 and 1752, under an erroneous impression, it is presumed, that the whole law was repealed by chap. 13, of 1710. −− But, by comparing the two laws together, it will at once be perceived that all of the first part of this act, which relates to the various modes of acquiring titles to lands, the forms of patents, &c. is omitted in the act of 1710; −− and that act only professes to repeal so much of this, or any other, "for so much thereof, as relates to any matter or thing within the purview of that act. |
| And be it enacted by the authority aforesaid, That ever person claiming, or pretending any right to take up and patent any land within this colony for the importation of any person or persons, shall make proof of such importation upon his or her corporall oath, either in the general court, or in some county court, and a certificate thereof shall be produced in the secretarys office. Whereupon, that is to say, upon proof made as aforesaid in the general court, or in some county court, and a certificate produced in the secretarys office; the clerk of the said office is hereby required to make a certificate thereof, and give the same to the party claiming the right as aforesaid, upon which certificate from the clerk of the secretarys office any sworn surveyor unto whom the same shall be exhibited lawfully may, and is hereby required within his respective precincts to survey for the party claiming and desiring the same, so much land not theretofore legally occupied or possessed by any other person as by the certificate shall appear to be due, and accordingly shall make a return thereof into the secretarys office to the end that a patent may issue thereupon. | Mode of obtaining patents for importation rights. Surveys, how and by whom made. |
| And be it further enacted by the authority aforesaid, That if any person not having right to any land for importation as aforesaid, shall be willing and desirous to take up and plant any land in this colony, it shall and may be lawful to and for every such person to obtain a right thereto, in manner following: that is to say, the person desiring such right shall pay unto her majesties receiver generall of the revenues in this dominion for the time being, for and towards the better support of the government of this her majesties colony and dominion, and the contingent charges thereof, the sum of five shillings current money for every fifty acres of land he or she intends to take up and plant, and so after that rate for a lesser quantity, and thereupon the said receiver general is hereby impowered and required to make a certificate thereof under his hand, and to give the same unto the party from whom he received the money; upon which certificate any sworn surveyor unto whom the same shall be exhibited lawfully may, and is hereby required within his respective precincts to survey for the party claiming and desiring the same, so much land not theretofore legally occupied or possessed | How patents for other lands are to be obtained. Rates of land, payable to receiver-general. Certificates. Surveys. |
| by any other person as by such certificate shall appear to be due, allowing after the rate of fifty acres for every five shillings, so paid as aforesaid, and accordingly shall make a return of such survey so made unto the secretarys office to the end, that a patent may issue thereupon; and all patents theretofore obtained, or which hereafter may be obtained for any lands in this colony upon such certificates as aforesaid from the receiver generall for the time being, shall be, and are hereby declared to be to all intents, constructions and purposes, as firm, valid and available in law, to convey and assure the lands therein granted unto the patentee and patentees, and to his, her and their heirs and assigns for ever, as if the same had been obtained upon certificate for the importation of persons into this colony. | to be returned to secretary's office. Patents to issue. Confirmation of former patents. |
| And be it enacted by the authority aforesaid, That it shall and may be lawful for any person, upon producing rights by importation, or otherwise, to claim or take up any quantity of land not exceeding five hundred acres in one tract, and that there shall not hereafter be granted to any person or persons not being owner or owners of five tithable servants or slaves at least, any greater quantity of land in one tract than five hundred acres. But if any person or persons being owner or owners of five or more tithable servants or slaves, shall be desirous to take up land upon certificate of rights obtained as aforesaid, there shall be granted unto such person or persons over and above the said five hundred acres, the quantity of two hundred acres more for every tithable servant or slave, which he or they shall prove him or themselves to be owners of. | Limitation of the quantity of land, which may be taken up, by one person in a tract. |
| Provided, That no grant of land to any person whatsoever shall exceed four thousand acres in one patent, excepting always such tracts of land for which entrys are already made, and for which rights have been duly entered, with the surveyor before the making of this act; all which tracts so entered for shall be granted to the persons by whom the said entrys were made in the same manner as the same might have been granted before the making hereof. | Greatest quantity. Proviso, as to former entries. |
| or otherwise as aforesaid) to take up and patent any swamps, marshes or low grounds, lying adjacent to the high land of any person or persons theretofore patented, untill such person or persons theretofore patented, untill such person or persons so intending to take up and patent the same, shall in the presence of two witnesses have given notice of such his intention to the proprietor and possessor for the time being in possession of such high land, and untill one whole year shall be fully expired from and after the time of giving such notice as aforesaid; and then it shall and may be lawfull to and for such person or persons (having given notice as aforesaid) and to his, her or their heirs or assigns to take up and patent the same, in which patent shall be particularly expressed and sett down whether the lands therein granted are swamps, marshes or low grounds, and to whose high lands they are adjoining, and all and every patent and patents which shall be obtained contrary to the true intent and meaning hereof, are hereby declared to be to all intents, constructions and purposes whatsoever, null and void as if the same had never been made. Any law statute or usage to the contrary notwithstanding. | Swamps, marshes, and sunken grounds, rules concerning. |
| And if any controversy shall thereafter arise concerning such notice being given within five years after such person or person [persons] (having given notice as aforesaid) shall be in actuall possession of such swamps, marshes or low grounds as aforesaid, the onus probandi shall lye upon the person who ought to have given the notice, and if no such controversy do arise in that time, five years possession shall be held and taken as good proof that notice was given according to the true intent and meaning hereof. | Limitation as to notice. |
| Provided always, That nothing herein contained shall be construed, deemed or taken to give liberty to any person or persons to take up and patent any such swamps, marshes or low grounds, lying adjacent to the high lands of any feme convert, infant or person non compos mentis, or to the husband, guardian or other person being in possession thereof. | Saving the rights of infants, femes covert, &c. |
| And forasmuch as severall controversies hereafter may arise concerning the validity of patents for land |
| in this colony formerly issued, but are not to be found amongst the records in the secretarys office, or for which no rights have been legally obtained, or have not been duly entered upon record, as they ought to have been, | |
| For prevention of any inconveniencys that hereafter may arise thereby, | |
| Be it enacted by the authority aforesaid, That all such patents for any lands within this colony, heretofore granted by the governor or commander in chief thereof, for the time being, shall be held deemed and taken, and are hereby declared to be to all intents, constructions and purposes as firm, valid and available in law, to convey and assure the lands therein granted unto such person and persons as the same shall have been granted unto respectively, and to their heirs and assigns for ever, being now in possession thereof as if the same patents had been legally entered upon the records in the secretarys office, and as if rights had been legally obtained for the same, and duly entered upon the records as they ought to have been, any law, statute or usage to the contrary thereof in any wise notwithstanding; and upon the passing of any patent for lands hereafter, the secretary of this dominion, for the time being, is hereby required to cause the same to be truly entered upon the records of his office, together with the certificate (either for rights by importation or of money paid to the receiver general as aforesaid) whereupon such patent shall have been obtained. | Confirmation of former patents, to those in
possession. Duty of secretary, in future. |
| And be it further enacted, That the patents for lands with this colony shall for ever hereafter be granted in the several respective forms herein after expressed and set down, that is to say, | |
| "ANNE, by the grace of God, of England, Scotland, France and Ireland, Queen, defender of the faith, &c. To all to whom these presents shall come greeting: know ye that for divers good causes and considerations, but more especially for and in consideration of [the importation of persons to dwell within this our colony of Virginia, whose names are A. B. &c.] or [for and in consideration of the sum of of good and lawfull money for our use, paid to our receiver general of our revenues in this our said colony and dominion of Virginia] we have given, granted and confirmed, and by | Form of patents. for importation rights, |
| these presents for us, our heirs and successors, we do give, grant and confirm unto N. R. of the county of Q. one certain tract or parcell of land containing acres, lying and being in the parish of T. in the county of S. and bounded as followeth, to wit: with all woods, underwoods, swamps, marshes, low grounds, meadows, feedings, rivers, waters, water courses, together with the priviledges of hunting, hawking, fishing and fowling, and all veins, mines and quarries, as well discovered as not discovered, and all other proffits, commodities and hereditaments whatsoever to the same, or any part thereof belonging, or in any wise appertaining to have, hold, possess and enjoy the said tract or parcell of land, and all other the before granted premises, and every part thereof with their and every of their appurtenances unto the said N. R. and to his heirs and assigns for ever, to the only use and behoof of him the said N. R. his heirs and assigns for ever, to be held of us, our heirs and successors, as of our manor of East Greenwich, in the county of Kent, in free and common soccage, and not in capite or by knight service yeilding and paying unto us, our heirs and successors for every fifty acres of land, (and so proportionably for a lesser quantity than fifty acres) the fee rent of one shilling yearly to be paid upon the feast of Saint Michael the Arch Angell. | or composition paid to the receiver-general. |
| Provided always, That if the said N. R. his heirs and assigns do not seat or plant upon the premises herein before granted in manner as is directed by one act of assembly, entitled, an act concerning the granting, seating and planting, and for setling the titles and bounds of lands, and for preventing unlawfull shooting and ranging thereupon, the same to be so seated or planted upon within the space of three years next coming, after the date of these presents, then the estate hereby granted shall cease and be utterly determined, and thereafter it shall and may be lawfull to and for us, our heirs and successors to grant the same lands and premises with the appurtenances unto such other person or persons, his and their heirs and assigns as shall make lawfull suit for the same. In witness whereof we have caused these our letters patents to be made. Witness, E. N. esq. our lieutenant and governor general of our said colony and dominion &c." |
| The forme of a patent for land that hath been taken up and forfeited for want of seating or planting. | |
| "ANNE, by the grace of God, of England, Scotland, France and Ireland, Queen, defender of the faith, &c. to all to whom these presents shall come greeting. Whereas by one patent under the seal of this our colony and dominion of Virginia bearing date at the day of in the year of our reign, There was granted to A. B. of the county of C. one certain tract or parcell of land containing acres, lying and being in the parish of D. in the county of E. and bounded as followeth, to witt: Which said tract or parcell of land was granted on condition of seating or planting as in the said patent expressed; and whereas the said A. B. hath failed to make such seating or planting, and F. G. of the county of H. hath made humble suit to our general court of said colony and dominion, and hath obtained a grant of the same land; therefore, know ye, that for divers good causes and considerations, but more especially for and in consideration of [the importation of persons to dwell within this our colony of Virginia, whose names are A. B. &c.] or [for and in consideration of the same of of good and lawfull money for our use, paid to our receiver general of our revenues in this our said colony and dominion of Virginia] we do give grant and confirm unto the said F. G. and to his heirs and assigns for ever, all and every part and parcell of the said tract or parcell of land, with all woods, underwoods, swamps, marshes, low grounds, meadows, feedings, rivers, waters, water courses, together with the priviledges of hunting, hawking, fishing and fowling, and all veins, mines and quarries, as well discovered as not discovered, and all other proffits, commoditys and hereditaments, whatsoever, to the same or any part thereof belonging, or in any wise appertaining to have, hold, possess and enjoy the said tract or parcell of land, and all other the before granted premises, and every part thereof with their and every of their appurtenances unto the F. G. and to his heirs and assigns for ever, to the only use and behoof of him the said F. G. his heirs and assigns for ever, to be held of us, our heirs and successors as of our manor of East Greenwich, in the county of Kent, in free and common soccage, and not in capite or by knights service, | Form of patents, for lands forfeited, by not seating and planting. |
| yeilding and paying unto us, aur heirs and successors for every fifty acres of land, and so proportionably for a lesser quantity than fifty acres, the fee rent of one shilling yearly, to be paid upon the feast of Saint Michael the Arch Angell. | |
| Provided, always, That if the said F. G. his heirs or assigns do not seat or plant upon the premises herein before granted in manner as is directed by one act of assembly, entitled, an act for settling the titles and bounds of lands, and for preventing unlawfull shooting and ranging thereupon, or cause the same to be so seated or planted upon within the space of three years next coming, after the date of these presents, then the estate hereby granted shall cease and be utterly determined, and thereafter it shall and may be lawfull to and for us, our heirs and successors, to grant the same lands and premises with the appurtenances unto such other person or persons, his and their heirs and assigns as shall make lawfull suit to us for the same. In witness whereof, we have caused these our letters patents to be made. Witness E. N. esq. our leiutenant and governor general of our said colony and dominion." | |
| The form of a patent for escheat Lands. | |
| "ANNE, by the grace of God, of England, Scotland, France and Ireland, queen, defender of the faith, &c. To all, to whom these presents shall come greeting: Whereas by one inquisition, indented, taken at the day of in the year of our reign, by virtue of a warrant directed to our escheator for the county of it appears that [here is to be inserted the material of the inquisition] and whereas A. B. of the county of hath made humble suit to our general court of our said colony and dominion, and hath obtained a grant of the same land, paying the composition and other charges usuall in the cases, Therefore, know ye, that for divers good causes and considerations us thereunto moving, but more especially for and in consideration of the sum of two pounds of tobacco and for every acre of the said land for our use, already paid by the said A. B. to our receiver general of our revenues in this our said colony and dominion of Virginia, we | Form of patents for escheated lands. |
| have given, granted & confirmed, and by these presents, for us, our heirs and successors, we do give, grant and confirm unto the said A. B. and to his heirs and assigns for ever, all and every part and parcell of the said of land, with houses, edifices, buildings, gardens, orchards, fields, fences, woods, underwoods, swamps, marshes, low grounds, meadows, feedings, rivers, waters, water courses, together with the priviledges of hunting, hawking, fishing and fowling, and all veins, mines and quarries, as well discovered as not discovered, and all other proffits, comoditys and hereditaments whatsoever to the same, or any part thereof belonging, or in any wide appertaining, to have, hold possess and enjoy the said tract or parcell of land, and all other the before granted premises, and every part thereof with their and every of their appurtenances unto the said A. B. and to his heirs and assigns for ever, to be held of us, our heirs and successors as of our manor of East Greenwich, in the county of Kent, in free and common soccage, and not in capite, or by knights service, yeilding and paying unto us, our heirs and successors for ever fifty acres of land, and so proportionably for a lesser quantity than fifty acres, the fee rent of one shilling yearly, to be paid upon the feast of Saint Michael, the Arch Angel. In witness whereof we have caused these our letters patents to be made. Witness E. N. esq. our lieutenant and governor general of our said colony and dominion, &c. | |
| And all and every patent and patents hereafter to be granted in manner herein before expressed and set down, shall be held deemed and taken, and are hereby declared to be to all intents, constructions and purposes, firm, valid and available in law to convey and assure the lands therein mentioned unto the severall respective persons to whom the same shall be thereby granted, and to their heirs and assigns for ever, together with the severall priviledges and royaltys therein granted. | Rights of patentees. |
| And whereas by the said patent it is provided that the patentee or patentees shall seat and plant the land therein to him or them granted within three years |
| from the date of the patent, for the better and more certain understanding of the said proviso. | |
| Be it enacted by the authority aforesaid, That the building of one house of wood, after the usuall manner of building in this colony, being at least in length twelve foot, and in breadth, twelve foot, and clearing planting and tending at least one acre of land, shall be, and is hereby declared to be a good and sufficient seating and planting of land pursuant to the said proviso. | What shall constitute a seating and planting. |
| Provided always, That when any patent shall be granted for swamps, marshes or other unhabitable grounds, no seating or planting shall be required for the same, but all and every such patent and patents shall be, and are hereby declared to be as valid and available in law to all intents and purposes, without such seating and planting, as if the same (being high land) had been actually seated and planted as aforesaid. Anything in the said proviso, in the patent, to the contrary thereof notwithstanding. | Proviso, as to swamps, marshes, &c. |
| Provided also, That if upon an new survey of any lands theretofore granted to any person or persons, there shall appear to be a greater number of acres within the bounds expressed than are mentioned and sett down in the patent, in such case it shall be lawfull for the proprietor and possessor of such lands for the time being, to sue forth a new patent for the same lands, wherein the just quantity of land shall be more exactly set down, yet nevertheless such proprietor and possessor shall not be obliged to make any new seating or planting upon the said land for or by reason of the proviso in such new patent, but the same shall enure and take effect to his benefitt and advantage as fully and absolutely to all intents and purposes as if the said proviso were not mentioned in such new patent. Any thing herein contained to the contrary thereof in any wise notwithstanding. | New patents for surplus lands, how obtained. |
| Provided also, That where any person hath heretofore taken up any tract or parcell of land adjoining to any other tract of land theretofore in the possession of such person, and shall thereupon have obtained a patent, (commonly called a double patent) wherein both tracts shall have been joyned together, in such case all patents heretofore so granted, shall be, and are hereby declared to be valid and available in law to confirm the same to | Double patents heretofore granted, confirmation of. |
| the patentee and patentees, and those claiming under him, her or them being in possession thereof, and to his, her and their heirs for ever, without making any new seating and planting for or by reason of two tracts being joyned in one patent as aforesaid. Any thing in the said proviso in the patent contained to the contrary thereof in any wise notwithstanding. | |
| Provided always, That nothing herein contained shall be construed, deemed or taken to give liberty to any person or persons hereafter to sue forth such double patents as aforesaid, and to enjoy the lands therein granted (by virtue thereof) without seating and planting that part of the land so taken up and joyned as aforesaid to the land theretofore in his, her or their possession according to the said proviso in the patent. | No double patents hereafter to avail, without seating and planting. |
| And be it further enacted by the authority aforesaid That if any person or persons shall hereafter obtain a patent for any tract of land within this colony, and shall fail to seat and plant the same within three years according as is herein before directed, such person or persons shall not only loose the land so granted and not seated and planted, but shall also forfeit and loose all benefit and advantage he might otherwise make by those rights upon which he obtained such patent. | Lands not seated and planted within 3 years, lost, and all rights on which the patent was obtained. |
| And be it further enacted, That no patent shall hereafter be granted to any person or persons for any tract or parcell of land as lost and forfeited for want of seating and planting as aforesaid, untill three years shall be expired from and after the date of the first patent granted for the same, neither shall any patent be granted by reason of such forfeiture, untill an order of the general court shall be procured for the same, which order shall be obtained in manner following, that is to say, the person petitioning for any such order, shall in his petition set forth, what county the land lyes in and to whom it was formerly granted, and in what county the grantee resides, whereupon such grantee shall by order of court be cited to appear at the next succeeding general court, upon a certain day thereof, to shew cause why such land formerly granted to him, and by him forfeited for want of seating and planting, may not be granted to the party petitioning for the same, which order shall be served upon such grantee by the sheriff or under sheriff of the respective | No patent to issue for forfeited land, in less than three years;
Nor without an order of the general court. Mode of proceeding to obtain such order. |
| county where he resides, and if upon the return thereof, so served, the grantee do not appear, or some other person in his behalf, and make sufficient proof that the land petitioned for hath been seated and planted according as herein directed for the granting of lands not before patented, allowing always the first choice of any part of the said forfeited lands to the first petitioner, he making manifest his right (either by importation or otherwise) to take up and patent so much land as shall be proportionable to the number of tithable servants or slaves, whereof he or she is owner, and the residue of the said forfeited lands (if any be) shall be granted to such other person or persons as shall petition for the same, he, she or they producing rights, and making manifest the number of tithable servants or slaves, whereof he, she or they are owners proportionable to the quantity of land claimed. | |
| Provided always, That if upon tryall it shall appear that such lands so petitioned for, as forfeited, shall have been seated and planted by the first patentee, or those claiming under him before the exhibiting of such petition, in that case such seating and planting, tho' not made within three years after the date of the patent shall be adjudged, and it is hereby declared to be a sufficient seating and planting to fulfill the proviso aforementioned, expressed in the patent. Any thing herein contained, or any law, statute or usage, or any other matter or thing to the contrary thereof in any wise notwithstanding. | Proviso, as to those who seat and plant before the exhibition of the petition. |
| Provided also, That if any patentee shall depart this life within the three years limited by his patent for seating and planting, in such case those claiming under such patentee shall have the liberty of three years from and after such departure, wherein to seat and plant as aforesaid. Any thing herein, or any law, custom or usage to the contrary thereof in any wise and notwithstanding. | Further time allowed to heirs of patentee, dying before expiration of 3 years. |
| And whereas his most gratious majesty, Charles the second, late king of England, by his royall charter, being letters patents under the great seal of England, bearing date at Westminster, the tenth day of October in the twenty eighth year of his reign, did declare and | Recital of Charter of 10th of October 28th Car. II; |
| grant to all the subjects of himself, his heirs and successors, from time to time, inhabiting within this colony and plantation of Virginia, that all lands then possessed by the severall and respective planters or inhabitants of Virginia, were and should be thereby confirmed and established to them and their heirs for ever, where the property of any particular mans interest in any such lands should not be altered or prejudiced by reason thereof. | |
| And whereas divers inquests of escheat have been taken since the granting of the said charter, whereby several tracts or parcells of land have been found to escheat to her majesty and to her royall predecessors, notwithstanding the same had been peaceably and quietly possessed by the then present possessors, and those under whom they claimed, not only at the time of granting the said charter, but from many years theretofore; for the prevention whereof for the future, | and of divers inquests of escheat. |
| Be it enacted by the authority aforesaid, and it is hereby enacted and declared, That the said charter is, and shall be from time to time, and at all times held, deemed and taken to all intents, constructions and purposes whatsoever, valid and available in law, to confirm and establish all the lands within this colony to the severall respective persons then in possession thereof, and to their heirs and assigns for ever against any claim, pretence title or demand to be made against them for the same, for and in behalf of his said late majesty, his heirs and successors without any inquest or office thereupon to be found, and without any further or other grant or confirmation thereof. | Exposition of the charter. |
| And be it further enacted by the authority aforesaid, That no office of escheat shall at any time hereafter be found so as to vest a right or title in her majesty, her heirs or successors, of, in or unto any tract or parcell of land within this colony, for or by reason of any loss or forfeiture, or by reason of any defect in the title whereby the same lands became escheatable at any time before the tenth day of October, in the twenty eighth year of the reign of his said late majesty, and every such office found contrary to the true intent and meaning thereof, is hereby declared to be to all intents and purposes, null and void as if the same had never | No office of escheat shall operate, to divest those in possession, prior to the date of the above charter. |
| been. Any law, custom or usage to the contrary thereof in any wise notwithstanding. | |
| And to prevent any fraudulent or collusive practice herein, every escheator and deputy escheator is hereby prohibited and forbidden to return any office of escheat, either to the secretarys office, or to any other office or place whereupon any patent or grant may be issued, unless there shall be therein particularly set forth, the persons from whom, and the time when such land (whereof the inquiry shall be made) is alledged to have escheated, to the end that thereby it may manifestly appear that a grant may be lawfully made thereof according to the true intent and meaning of the said charter. | Rules, in taking inquests of escheats. |
| And be it further enacted and declared by the authority aforesaid, That all lands within this colony of Virginia which are escheated, or shall at any time hereafter be found to escheat to her majesty, her heirs and successors, shall be granted and confirmed by patent under the seal of the colony to the severall respective possessors thereof for the time being, and to their respective heirs and assigns for ever, paying two pounds of tobacco composition for every acre of land so granted and confirmed, (without any further or other composition for or by reason of any buildings, or other improvements which may be thereupon) and also paying five pounds sterling for the escheators fee, with the other costs and charges thereupon lawfully ariseing. | Right of composition, to possessors of escheated lands. |
| And to prevent any controversy that may arise about paying the said fee to the escheator, and the other charges, it is hereby declared that the same be paid by every person who shall sue forth any writt, whereupon an inquiry shall accordingly be made. | By whom to be paid. |
| Provided always, That no person being tenant under any other, shall be taken to be in possession of any lands, so as to claim a grant upon the escheat thereof as aforesaid. | Wh deemed a tenant in possession. |
| And if any tract or parcell of land shall hereafter escheat by the death of any person (leaving a widow) without lawfull heir to inherit the same, or making any disposition thereof, in every such case, except only where such escheat shall happen to be by reason of the conviction or attainder of the person from whom the same escheats, such widow shall occupy, possess and enjoy the same | Rights of widows, in escheated lands. |
| to her own proper use and behoof, during her naturall life, and after her death the said lands shall be granted and confirmed as aforesaid, to the next relation of the person from whom the same shall be found to escheat, such relation paying the composition ffees and other charges as aforesaid. And if there be no such relation, then the next heir of the whole bloud to the widdow, and if there be none such, her next relation shall have the grant and confirmation as aforesaid. And if any lands become escheat by the death of feme covert, in such case the said lands shall be held and enjoyed by her husband during his life, and after his death the same shall be granted and confirmed as aforesaid to the next relation of such feme covert, and if there be no such relation, then the same shall be granted and confirmed as aforesaid, to the next heir of the whole bloud of the husband, and if there be none such to his next relation, in every of which cases the person or persons obtaining such grant and confirmation, is to pay the composition fees and other charges as aforesaid. | Rules as to descent, after the deaths of widows, & femes covert. |
| Provided always, That if by virtue hereof, severall persons in equall degree shall claim the right of having the grant and confirmation of any lands as next relation as aforesaid, in such case the male relation shall be preferred, and if there be severall male relations in equall degree, the eldest of them and their representatives according to their severall stocks shall be preferred.* | Rule, where the claimants, by descent are in equal degree. |
| And be it further enacted by the authority aforesaid, That no lands, tenements or other hereditaments shall pass, alter or change from one to another, whereby any estate of inheritance in fee simple, fee tail, generall or speciall, or any estate for life or lives, or any greater or higher estate shall be made, or take effect in any | No estate of inheritance in land to pass, unless by deed in writing, |
| * By the act of 1710, chap. 13, intituled "An act for settling the titles and bounds of lands; and for preventing unlawful shooting and ranging thereupon," so much of this act, as came within the purview of that act, was repealed. The preceding part of this act, which relates to the mode of acquiring title of lands, by importation rights, composition money, escheats, and forfeitures, and the forms of patents, is not embraced by the act of 1710; and consequently was not repealed thereby. It is very unaccountable that so important a law should have been omitted in the revisal of 1733, and only the title printed, under an apprehension, it is presumed, that the whole law was repealed. |
| person or persons, or any use thereof, to be made by bargain and sale, lease and release, deed of settlement to uses of ffeoffment or other instrument, unless the same be made by writing, indented, sealed and recorded in the records of that county court where the land mentioned to be granted or passed shall lye in manner following, that is to say, if the person or persons who shall make and seal such bargain and sale, lease and release, deed of settlement to uses of ffeoffment or other instrument at the time of such making and sealing, shall be resident within this colony, then the recording thereof as aforesaid, shall be made within eight months from the sealing and delivery, but if the person so making and sealing as aforesaid at the time thereof, shall be resident in any other place, (that within this colony) the recording as aforesaid shall be made within two years from the sealing and delivery. | and recorded. Where to be recorded. Within what time. |
| Provided always, That no such bargain and sale, lease and release, deed of settlement to uses, deed of ffeoffment or any other instrument as aforesaid, shall by the general court, or county court as aforesaid be admitted to record, unless the same be acknowledged in such court by the person or persons making and sealing the same, or by some or one of them to be his, her or their proper act and deed, or else that proof be made of such making and sealing upon oath by three witnesses at the least. | Must be acknowledged by the party, or proved by 3 witnesses. |
| And be it further enacted by the authority aforesaid, That the bargain and sale, lease and release, or other deed or instrument heretofore made, or hereafter to be made in writing, indented and sealed both by the husband and wife, and by them personally acknowledged in the general court, or county court as aforesaid, (the wife being, or having been first privily examined, whether she doth voluntarily assent thereto) shall be, and is hereby declared to be, to all intents and purposes, as valid and sufficient in law to convey and pass over all the estate, right, title, interest, claim and demand, which such wife may or shall have in any lands, tenements or hereditaments so to be granted, conveyed and passed over, whether the same be in right of dower in fee simple, or whatever other estate (not being fee tail) she may have therein, as if the same had been done by | Deed by husband and wife, how to pass estate to wife. |
| fine and recovery, or by any other ways or means whatsoever. Any law, custom or usage to the contrary thereof notwithstanding. | |
| And be it further enacted by the authority aforesaid, That it shall not be lawfull at any time hereafter for any person or persons whatsoever to levy any fine, or to suffer any recovery to be had, whereby to cut off or defeat any estate in fee tail, generall or speciall of or in any lands, tenements or hereditaments within this colony, neither shall any such estates tail be cut off or otherwise avoided or defeated by any ways or means whatsoever, except only by an act of the general assembly of this dominion, for the time being, in such particular case respectively, to be had and made, and all and every fine and fines, recovery and recoverys, and every other act and acts, thing and things whatsoever, which shall hereafter be levyed, suffered, made, done, performed or executed for and towards the cutting off, avoiding or defeating any estate tail whatsoever otherwise than by act of assembly as aforesaid, shall be adjudged, deemed and taken, and are hereby declared to be to all intents and purposes, null and void. any law custom or usage to the contrary thereof in any wise notwithstanding. | Estates tail, not to be bartered, but by act of
assembly. Fines and recoveries prohibited. |
| And whereas in times past, several persons purchasing lands in this colony, have procured their deeds and conveyances for the same to be acknowledged and recorded, but not within six months after the making thereof as by law (a) hath heretofore been required, and some persons have procured their said deeds and conveyances to be recorded in other county courts than where the lands have layn and to be registred in the councill books, and other persons purchasing lands as aforesaid, have taken deeds and conveyances for the same, not indented nor sealed, or wherein no valuable consideration has been particularly set down and expressed, and some have taken assignments for lands only endorsed on the patents, and others have purchased lands and taken deeds for the same, but by reason of the death of the grantor or some other such like accident, | For prevention of controversies as to titles of lands heretofore irregularly passed. |
| (a) In the revisal of 1733, pa. 258, a quere is made, what law this was; −− it will be found in chap. 4, of December 1656, vol. 1 of Stat. at Large, pa. 417. |
| the said deeds have not been acknowledged in court according to the strict letter of the law, in that case heretofore made, but yet have been proved in court by the oaths of two or more witnesses, and recorded, and others have purchased lands and taken deeds and conveyances for the same, without livery and seizin being made thereupon in due form of law, by reason of which severall inadvertences and admissions, many controversies may hereafter arise to the great grievance and charges of her majesty's good and lawfull subjects in this dominion: for the prevention thereof, | |
| Be it therefore enacted by the authority aforesaid, That all deeds and conveyances whatsoever, for any lands within this colony, heretofore acknowledged and recorded at any time after the expiration of the said six months, or registered in the councills books, or recorded in any other county court than where the lands therein mentioned to be conveyed have layen, shall be adjudged, deemed and taken, and are hereby declared to be, to all intents and purposes as valid and available in law, and shall enure and take effect as fully and absolutely to the benefit and advantage of all persons in possession of any lands claimed thereby, and to their heirs and assigns as if the same deeds and conveyances had been recorded within the said six months in the general court, or in that county court where the lands have layen, and not otherwise. Any law, statute, act, custome or usage to the contrary thereof in any wise notwithstanding. | All deeds, &c. heretofore acknowledged, and registered in the council books, and recorded in any county court, valid. |
| And all deeds and conveyances whatsoever, bona fide made for lands within this colony, not intended or sealed, or wherein no valuable consideration hath been particularly set down and expressed, and all assignments endorsed on patents, shall be adjudged, deemed and taken, and are hereby declared to be to all intents, constructions and purposes as valid and available in law, and shall enure and take effect as fully and absolutely to the benefit and advantage of all, and every person and persons in possession of any lands claimed thereby to his and their own proper sue and behoof, as if the same deeds and conveyances had been actually indented and sealed, and as if a valuable consideration had been therein particularly expressed and set down, and | All deeds not indented and sealed, or not expressing for valuable consideration, &c. if bona fide made −− & all assignments on patents adjudged good. |
| as if the said assignments had been made, and the lands therein mentioned conveyed in due form of law and not otherwise. Any law, statute, custom or usage to the contrary thereof in any wise notwithstanding. | |
| and that all deeds and conveyances heretofore bona fide made for any lands within this colony proved in court by the oaths of two or more credible witnesses to have been the acts and deeds of the persons therein mentioned to have made sealed and delivered the same, and record thereof made sealed and delivered the same, and a record thereof made, shall be judged, deemed and taken, and are hereby declared to be as firm, valid and available in law to all intents and purposes, and shall enure and take effect as fully and absolutely to the benefit and advantage of all and every person and persons in possession of any lands claimed thereby, to his and their own proper use and behoof, as if the same deeds and conveyances had been really acknowledged in court by the grantor himself in person. Any law, statute, custom or usage to the contrary thereof in any wise notwithstanding. | The same, if proved by two witnesses only. |
| And that all deeds and conveyances whatsoever, where livery of seizin might otherwise have been required heretofore, bona fide made by any person or persons for any lands, tenements and hereditaments within this colony, where the person or persons to whom the same have been conveyed, have actually entered thereupon, and they and those who have their rights, co still continue in possession thereof, by virtue of such deeds and conveyances, shall be adjudged, deemed and taken, and are hereby declared to be to all intents, constructions and purposes as firm and valid in law, and shall enure and take effect as fully and absolutely to the benefit and advantage of all and every person and persons in possession of any lands claimed thereby, as if livery of seizin had been thereupon made in due form of law, and not otherwise. any law, statute or custom to the contrary thereof in any wise notwithstanding. | Also, if livery of seizin were not made. |
| Provided always, That nothing herein contained shall be construed, deemed and taken, so as to confirm any lands, tenements or hereditaments whatsoever to any other person than those now in actuall possession thereof, and such as shall from time to time, or at any time hereafter claim by, from or under them. Any | Not to extend to those, not in possession. |
| thing herein contained to the contrary, or seeming to the contrary thereof notwithstanding. | |
| And be it further enacted by the authority aforesaid, That when any deeds or conveyances for any lands, tenements and hereditaments within this colony, shall hereafter be acknowledged or proved in any court in order to be recorded as aforesaid, the livery of seizin thereupon made (in such cases where the same by law is required) shall also in like manner be acknowledged or proved, and shall likewise be recorded together with the deed or conveyance so requiring the same, and whereupon it shall have been made. | Livery of seizin, when to be taken and recorded. |
| And for the better quieting and avoiding of suits, | |
| Be it enacted by the authority aforesaid, That all writts of formedon in descender formedon in remainder and formendon [formedon] in reverter of any lands, tenements or other hereditaments whatsoever, at any time hereafter to be sued or brought by occasion or means of any title or cause heretofore accrued, happened or fallen, or which hereafter may happen, shall be sued and taken within twenty years next after the title and cause of action first descended or fallen, and at no time after the said twenty years, and that no person or persons that now hath or have, or which hereafter may have any right or title of entry into any lands, tenements or hereditaments shall at any time hereafter make any entry but within twenty years next after his or their right or title hath heretofore descended or accrued, or hereafter shall descend or accrue to the same, and in default thereof, such persons so not entering, and their heirs, shall be utterly excluded and disabled from such entry after to be made. | Limitation of actions. --- [See Stat. 21, Jac. 1, s. 1, 2.] Right of entry. |
| Provided nevertheless, That if any person or persons that is or shall be entituled to such writt or writts, or that hath or shall have such right or title of entry be or shall be at the time of the said right or title first descended, accrued, come or fallen within the age of one and twenty years feme covert, non compos mentis, imprisoned or out of this colony, that then such person and persons, and his and their heir or heirs shall or may, notwithstanding the said twenty years are expired, bring his action, or make his entry as he might have done before this act, so as such person and persons, or his or their heir and heirs shall within ten | Saving, to infants, femes covert, &c. |
| years next after his or their full age, discoverture coming of sound mind, inlargement out of prison or coming into this dominion, or death, take benefit of, and sue for the same, and at no time after the said ten years. | |
| And be it further enacted by the authority aforesaid, That no manner of person or persons shall, from henceforth sue, have or maintain any writt of right, or make any prescription, title or claim to or for any lands, tenements, rents, annuitys or other hereditaments of the possession of his or their ancestor or predecessor, but only of the seizin or possession of his ancestor or predecessor, which hath been, or now is, or shall be seized of the said lands, tenements, rents, annuitys or other hereditaments within thirty years next before the teste of the same writt, or next before the said prescription, title or claim, so hereafter to be sued, commenced, brought, made or had, and that no manner of person or persons shall hereafter sue, have or maintain any assise of mort dancestor cosinage ail writ of entry upon seizin done to any of his ancestors or predecessors, or any other action, possessory upon the possession of any of his ancestors or predecessors for any lands, tenements or other hereditaments of any further seizin or possession of his or their ancestor or predecessor, but only of the seizin or possession of his or their ancestor or predecessor, which was, or hereafter shall be seized of the same lands, tenements or other hereditaments within thirty years next before the test of the same writt hereafter to be brought, and that no person or persons shall hereafter sue, have or maintain any other action, writt or suit whatsoever, for any lands, tenements or other hereditaments of or upon his own seizin or possession therein, or of or upon the seizin and possession therein, of any other person or persons (whose right he or they shall have) above thirty years next before the teste of the same writt hereafter to be brought. | Limitation of writs of right. [See 32 Hen. 8, ch. 2, s. 1.] |
| Provided nevertheless, That if any person or persons, that is, or shall be intituled to such writt or writts of right, assise of mort dancestor cossinage ail writt of entry upon disseisin, or that hath or shall have such right to make any prescription, or to have or maintain any other action, writt or suit as aforesaid be or shall be at the time of such right or title, first descended, accrued, come or fallen within the age of one and twenty | Saving, to infants, femes covert, &c. |
| years feme covert, non compos mentis, imprisoned or out of this colony, that then such person or persons, and his or their heir or heirs shall or may, notwithstanding the said thirty years are expired, bring his suit or make his prescription, title or claim as he might have done if this act had not been made so as such person or persons, or his and their heir and heirs, shall within ten years next after his or their full age, discoverture comeing of sound mind, inlargement out of prison or comeing into this dominion, or death, take benefit of and sue for the same, and at no time after the said ten years. | |
| Provided always, That all persons that are now out of this colony, and have any pretence of right, title or claim to any lands, tenements or hereditaments within this colony, where they or those under whom they claim have not been in actuall possession thereof within the space of twenty years last past, shall commence and prosecute their suit for the recover thereof within five years next coming, after the last day of September, which shall be in the year of our Lord one thousand seven hundred and six, and at no time after the said five years. | Saving, to persons out of the colony. |
| And for preventing any controversys that may hereafter arise about the bounds of lands held and possessed by the inhabitants of this colony, | |
| Be it enacted by the authority aforesaid, That once in every four years the bounds of every persons land shall be proscessioned, (or gone round) and the land marks renewed in manner following, that is to say, the court of every county at some court between the first day of June, and the first day of September, which shall be in the year of our Lord God, one thousand seven hundred and eight, and so between the first day of June and the first day of September in every fourth year thereafter, by order of court, shall direct the vestry of each parish within their county respectively, to divide their parishes into so many precincts as to them shall seem most convenient for proscessioning every particular persons land in their severall respective parishes, and to appoint the particular time between the last day of September and last day of March, then next coming, when such proscessioning shall be made in every precinct, and also to appoint at least two intelligent honest freeholders | Processioning of lands, when and how to be made. |
| of every precinct, to see such proscessioning performed, and take and return to the vestry an account of every persons land, they shall proscession, and of the persons present at the same, and of what lands in their precincts, they shall fail to proscession, and of the particular reasons of such failure, which order shall be signifyed in writing to the church wardens of every parish within every respective county in this colony by the clerk of the court, within ten days after the making thereof, and thereupon the church wardens shall cause a vestry to be summoned to meet within ten days after the receipt of such order, at which vestry the said order of court shall be exactly and punctually obeyed in every perticular, and thereupon notice shall be punctually given by the church wardens at the church wardens at the church or chappell of the parish, at least three Sundays next before the same is to be performed of the persons and times so appointed by the vestry for proscessioning in every severall precinct as aforesaid, and also the vestry shall cause the accounts of the two honest freeholders of every precinct made and returned to them as aforesaid, to be registered in particular books to be kept for that purpose by the clerk of the vestry, and to prevent any mistakes or omission that may happen in every such register, the churchwardens, in presence of the vestry of the parish, shall examine the same, and compare them with the originall returns within six months after such return shall be made, from time to time, and shall accordingly certify the same by setting their hands to an attestation thereof, in the register, so by them examined and compared, and that no person may pretend ignorance of his duty herein, the vestrys are also to direct what precinct or precincts in their parishes respectively, every perticular freeholder thereof shall attend and perform the proscessioning as aforesaid, and if any parish shall hapen to lye in severall countys, then the orders of the court of each county shall be signifyed as aforesaid to the churchwardens thereof as aforesaid, and shall also be obeyed by the vestry in manner as is before directed; and if any county court shall at any time hereafter fail to perform their duty herein, every justice of the peace in such county shall forfeit and pay the sum of one thousand pounds of tobacco, and if any vestry shall at any time hereafter fail |
| to perform their duty herein, every perticular member of such vestry shall forfeit and pay the sum of two hundred pounds of tobacco; and if any church warden or church wardens shall at any time hereafter fail to perform his or their duty herein, every such churchwarden shall forfeit and pay the sum of five hundred pounds of tobacco; and if the clerk of any court shall hereafter fail to perform his duty herein, such clerk shall hereafter fail to perform his duty herein, such clerk shall forfeit and pay one thousand pounds of tobacco, which said forfeitures shall be one moiety to our sovereign Lady the Queen, her heirs and successors for and towards the better support of the government, and the contingent charges thereof, the other moiety to him or them that will inform for the same, to be recovered with costs, by action of debt, bill, plaint or in formation in any court of record within this dominion, wherein no essoin, protection or wager of law shall be allowed. | Penalties, for failure of duty. |
| Provided always, That upon any information brought, or suit commenced against any justice of the peace, vestry-man, or church-warden for the breach of this act, if the defendant or defendants shall give sufficient evidence to the court where such information or suit shall be depending, that he was necessarily absent from such court or vestry, or that being there he offered to do his duty in pursuance of this act, then the information or suit shall be dismist, and if any other person shall fail to perform his duty herein, every such person shall forfeit and pay the sum of one hundred pounds of tobacco, to be recovered with costs, by the church-warden or church-wardens of the parish before any justice of the peace in that county, to be applyed for and towards the purchasing of ornaments for the church or chappell of such parish wherein the forfeiture shall be incurred. | What will excuse from the penalty. Other penalties. |
| And be it further enacted, That the proscession of the bounds of any persons land at three severall times of proscessioning in manner aforesaid, shall be held, deemed and taken to be sufficient to settle the bounds so as the same may never thereafter be altered. | Bounds three times proscessioned, unalterably fixed. |
| Provided, That such proscessionings be made by the consent of the owners of the said lands respectively. | Proviso. |
| Provided always, That the processioning and setling the bounds of any lands belonging to any person being within the age of one and twenty years, feme covert, | Further proviso as to infants. |
| non compos mentis, imprisoned or out of the colony, shall not be conclusive to such person untill after the expiration of six years, from and after the said severall incapacitys shall be removed and determined. | |
| And be it further enacted and declared, That if any person or persons shall at any time hereafter shoot, hunt or range upon the lands and tenements, or fish or fowl in any creeks or waters included within the lands of any other person or persons without lycence for the same, first obtained of the owner and proprietor thereof, every such person so shooting, hunting, fishing, fowling or ranging, shall forfeit and pay for every such offence, the sum of five hundred pounds of tobacco, to be recovered with costs, by the person or persons that shall be thereby agreived to their own proper use, by bill, plaint, information, or action of debt, in any court of record within this dominion, in which no essoin, protection, priviledge or wager of law, or any more than one imparlance shall be allowed, and moreover shall be lyable to an action at common law, wherein the party greived shall recover his damages; and if any person shall be lyable to an action at common law, wherein the party greived shall recover his damages; and if any person shall be a third time convicted of such shooting, hunting, fishing, fowling or ranging, the justices of that court (over and above giving judgment for the forfeiture as aforesaid) shall commit such person to the common goal, there to remain untill he shall find sufficient sureties, to be bound with him in the sum of ten pounds sterling for his good behaviour for one year, then next comeing, and if he shall, within that time be any more guilty of shooting, hunting, fishing, fowling or ranging as aforesaid, the same shall be, and is hereby enacted and declared to be a breach of the good behaviour. | Shooting, hunting, &c. on lands of others prohibited. Penalty. |
| Provided nevertheless, That if any person being owner of six slaves, at least, shall shoot any game upon his own land, or the land of any other where he shall have leave to hunt and his game shall run off from that land upon other lands where he hath not leave to hunt, in that case it shall be lawfull for such person to follow his game upon any other persons land, and to take it and carry it away without being lyable to any penalty or forfeiture for the same. | When game may be pursued on the lands of others. |
| And be it further enacted, That all and every other act and acts, and every clause and article thereof heretofore |
| made for so much whereof as relates to any matter or thing whatsoever within the purview of this act is, and are hereby repealed and made void to all intents and purposes, as if the same had never been made. |
| Pages 287-303
| Pages 329-349
|