CHAP. XII.

An Act for adjusting and settling the [Chan Rev. titles of claimers to unpatented lands P. 90.) under the present and former government, previous to the establishment of the commonwealth's land office.*

p. 354 to 482

1. WHEREAS the various and vague claims to un- Preamble. patented lands under the former and present government, previous to the establishment of the commonwealth's land office, may produce tedious and infinite litigation and disputes, and in the mean time purcha- [See 2 Rev. sers would be discouraged from taking up lands upon Code of 1819 the terms lately prescribed by law, whereby the fund for this, and to be raised in aid of the taxes for discharging the pub the subselick debt, would be in a great measure frustrated; and quent acts.] it is just and necessary, as well for the peace of individuals as for the publick weal, that some certain rules should be established for settling and determining the rights to such lands, and fixing the principles upon which legal and just claimers shall be entitled to sue out grants; to the end that subsequent purchasers and adventurers may be enabled to proceed with greater certainty and safety: Be it enacted by the General Assembly, That all surveys of waste and unappropriated land made upon any of the western waters before the first day of January, in the year 1778, and upon any of the eastern waters at any time before the end of this present session of assembly, by any county surveyor commissioned by the masters of William and Mary Surveys, college, acting in conformity to the laws and rules of what decla. government then in force, and founded either upon red valid. charter, importation rights duly proved and certified according to ancient usage, as far as relates to indented servants, and other persons not being convicts, upon treasury rights for money paid the receiver general duly authenticated upon entries on the western waters,

This act is published in Chan. Rev. p. 90, in which it is separated by sections, as here; which was not the case in the origi, nal.

regularly made before the 26th day of October, in the year 1763, or on the eastern waters at any time before the end of this present session of assembly, with the surveyor of the county for tracts of land not exceeding four hundred acres, according to act of assembly upon any order of council, or entry in the council books, and made during the time in which it shall appear either from the original or any subsequent order, entry, or proceedings in the council books, that such or der or entry remained in force the terms of which have been complied with, or the time for performing the same unexpired, or upon any warrant from the governour for the time being for military service, in virtue. of any proclamation either from the king of Great Britain or any former governour of Virginia, shall be, and are hereby declared good and valid, but that all surveys of waste and unpatented lands made by any other person, or upon any other pretence whatsoever, shall be, and are hereby declared null and void, provided that all officers or soldiers, their heirs or assigns, claiming under the late governour Dinwiddie'st proclamation of a bounty in lands to the first Virginia regiment, and having returned to the secretary's office, surveys made by virtue of a special commission from the president and masters of William and Mary col lege, shall be entitled to grants thereupon on payment of the common office fees; that all officers and soldiers, their heirs or assigns under proclamation warrants for military service, having located lands by actual sur veys made under any such special commission, shall have the benefit of their said locations, by taking out warrants upon such rights, resurveying such lands according to law, and thereafter proceeding according to the rules and regulations of the land office. All and every person or persons, his, her, or their heirs or assigns, claiming lands upon any of the before recited rights, and under surveys made as herein before mentioned against which no caveat shall have been legally entered, shall upon the plats and certificates of such surveys being returned into the land office, together with the rights, entry, order, warrant or authentick copy thereof upon which they were respectively found

*See Vol. 7, p. 663, for the king's proclamation of 1763.

† See Vol. 7, p. 661, for governor Dinwiddie's proclamation of 1754.

ed, be entitled to a grant or grants for the same in manner and form herein after directed.

ter.

* See the

II. Provided, That such surveys and rights be re- Proviso. turned to the said office within twelve months next after the end of this present session of assembly, otherwise they shall be, and are hereby declared forfeited and void. All persons, their heirs or assigns, claim- Under what ing lands under the charter and ancient custom of Vir- rights and in ginia, upon importation rights as before limited, duly what manner grants shall proved, and certified in any court of record before the be made. passing of this act; those claiming under treasury rights for money paid the receiver general duly authenticated, or under proclamation warrants for military service, and not having located and fixed such lands by actual surveys as herein before mentioned, shall be admitted to warrants, entries, and grants for the same, in manner directed by the act of assembly entitled "An act for establishing a land office, and ascertaining the terms and manner of granting waste and unappropriated lands,"* upon producing to the register of the land office the proper certificates, proofs, or war next chap rants, as the case may be, for their respective rights within the like space of twelve months after the end of this present session of assembly, and not afterwards. All certificates of importation rights proved before any court of record according to the ancient custom, and before the end of this present session of assembly, are hereby declared good and valid: And all other claims for importation rights not so proved, shall be null and void; and where any person before the end of this present session of assembly, hath made a regular entry ac cording to act of assembly, with the county surveyor for any tract of land not exceeding four hundred acres, upon any of the eastern waters, which hath not been surveyed or forfeited, according to the laws and rules of government in force at the time of making such entry, the surveyor of the county where such land lies, shall after advertising legal notice thereof, proceed to survey the same accordingly, and shall deliver to the proprietor a plat and certificate of survey thereof with in three months; and if such person shall fail to attend at the time and place so appointed for making such survey, with chain carriers and a person to mark the lines, or shall fail to deliver such plat and certificate into the land office, according to the rules and regulations of the same, together with the auditors certificate

the Dismal

Swamp.

of the treasurers receipt for the composition money herein after mentioned, and pay the office fees, he or she shall forfeit his or her right and title; but upon performance of these requisitions, shall be entitled to a grant for such tract of land as in other cases.

Rightsclaim III. And be it enacted, That all orders of council or ed under entries for land in the council books, except so far as certain orsuch orders or entries respectively have been carried ders of council, and a into execution by actual surveys in manner herein beroyal procla- fore mentioned, shall be, and they are hereby declared mation, de void and of no effect; and except also a certain order clared void. of council for a tract of sunken grounds, commonly called the Dismal Swamp, in the south eastern part of Except actual surveys; this commonwealth, contiguous to the North Caroli and except na line, which said order of council with the proceedings thereon and the claim derived from it, shall hereafter be laid before the general assembly for their further order therein. No claim to land within this commonwealth for military service founded upon the king of Great Britain's proclamation, shall hereafter be allowed, except a warrant for the same shall have been obtained from the governour of Virginia, during the former government as before mentioned; or where such service was performed by an inhabitant of Virginia, or in some regiment or corps actually raised in the same; in either of which cases the claimant making due proof in any court of record, and producing a certificate thereof to the register of the land office within the said time of twelve months, shall be admitted to a warrant, entry, and grant for the same, in the manner herein before mentioned; but nothing herein contained shall be construed or extend to give any person a title to land for service performed in any company or detachment of militia.

Settlement

IV, And whereas great numbers of people have setrights, upon tled in the country upon the western waters, upon the western waste and unappropriated lands, for which they have

waters.

been hitherto prevented from suing out patents or obtaining legal titles by the king of Great Britain's proclamations or instructions to his governours, or by the late change of government, and the present war having delayed until now, the opening of a land office, and the establishment of any certain terms for granting lands, and it is just that those settling under such circumstances should have some reasonable allowance for

1

of Convention of June

24, 1776-& Rev. Code

2

of 1819, p. 350-See al

the charge and risk they have incurred, and that the property so acquired should be secured to them: Be it therefore enacted, That all persons who, at any time [See Journal before the first day of January, in the year one thousand seven hundred and seventy eight, have really and bona fide settled themselves or their families, or at his, her, or their charge, have settled others upon any waste or unappropriated lands on the said western waters, to so vol. 9, p. which no other person hath any legal right or claim, 355,356] shall be allowed for every family so settled, four huudred acres of land, or such smaller quantity as the party chooses, to include such settlement. And where any such settler hath had any survey made for him or her, under any order of the former government, since the twenty sixth day of October, in the year one thousandseven hundred and sixty three, in consideration of such settlement for less than four hundred acres of land, such settler, his or her heirs, may claim and be allowed as much adjoining waste and unappropriated land, as together with the land so surveyed will make up the quantity of four hundred acres.

tled in villa

ges or town

V. And whereas several families for their greater Provision for safety have settled themselves in villages or townships, families setunder some agreement between the inhabitants of laying off the same into town lots, to be divided among ships. them, and have, from present necessity, cultivated a piece of ground adjoining thereto in common: Be it enacted, That six hundred and forty acres of land whereon such villages and towns are situate, and to which no other person hath a previous legal claim, shall not be entered for or surveyed, but shall be reserved for the use and benefit of the said inhabitants until a true representation of their case can be made to the general assembly, that right and justice may be done therein; and in the mean time there shall be allowed to every such family, in consideration of their settlement, the like quantity of land as is herein allow~ ed to other settlers adjacent, or convenient to their respective village or town, and to which no other person hath, by this act, the right of preemption, for which said quantities to be adjusted, ascertained, and certified by the commissioners to be appointed by virtue of this act, in manner herein after directed. The proper claimants shall be respectively entitled to entries with the surveyor of the county wherein the land lies,