AT A

General Assembly,

BEGUN AND HOLDEN AT

Williamsburg, the twenty-second day of October, 1712, in the 11th year of the reign of our sovereign lady Anne, by the grace of God, of Great Britain, France, and Ireland, Queen, defender of the faith, &c.; and thence continued by several prorogations, to the fifth day of November, 1713; being the second session of this present General Assembly.

Alex. Spots wood, Esq. Governor.

CHAP. I.

An Act for preventing frauds in tobacco paiments, and Repealed by for the better improving the staple of tobacco.

CHAP. II.

An Act for continuing an Act for appointing Rangers; and an Act to continue an Act for appointing Rangers, and for increasing their pay; and also to impower the Lieutenant-Governor to disband the Rangers, and to apply the pay appropriated for them, to any other use which he shall think fit, for the better security of the frontiers.

CHAP. III.

An Act declaring what shall be accounted a sufficient seating, planting, cultivating, and improving of lands already granted, or hereafter to be taken up and patented.

proclamation Nov.12,1717.

[From edit. 1733,p. 288.]

I. HEREAS the Queen's most excellent Majes- Preamble.

IWty, for the better cultivating and improving of

lands, within this her Majesty's colony, hath by her

ed.

roial instructions, been pleased to direct, that in all grants of lands hereafter to be made, due regard be had to the profitable and unprofitable acres; and that every patentee be obliged in the best and most effectual manner, to cultivate and improve three acres, part of every fifty so granted, within the term of three years. after the passing of such grant;" and hath also signified her gracious permission, that a law be passed here, conformable to her Majesty's said instructions. And whereas, great part of the lands now to be taken up in this colony, are so barren, that the same cannot be cultivated and tended, with any profit to the owner, until first improved and manured; and others are so stony and rocky, that no person will patent the same, except upon the prospect of the mines and quarries which may be found therein; and many other tracts are full of marshes, swamps, and sunken grounds, unfit, either for cultivation or pasturage, without being first cleared and drained: To the end therefore, that sufficient encouragement may be given for taking up, as well the unprofitable as profitable lands within this dominion, for the encrease and advancement of her Majesty's revenue of quit-rents, and for the benefit of her Majesty's subjects,

Lands, how II. Be it enacted, by the Lieut. Governor, Council, to be survey- and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That no survey of lands shall hereafter be made, in order to the obtaining a patent, unless the same be made by a sworn surveyor, duly commissionated for that purpose: And Proportion that in all such surveys, the breadth of the tract or diof the tract. vidend so laid out, bear at least the proportion of one third part of the length, except where the courses

thereof shall be interrupted by rivers, creeks, or unpassable swamps, or by the bounds of lands theretofore Surveyor to taken up or patented: And upon all surveys hereafter certify quali- to be made; every surveyor is hereby required and enty of the land.

joined, to take particular notice, according to the best of his judgment and understanding, how much of the land so surveyed is plantable, and how much thereof is barren and unfit for present cultivation; and accordingly to insert, in the survey and plat by him returned into the secretary's office, the true quantity of each kind of land,

ed, rated.

III. And whereas divers tracts of land, have been Quality of land hereto hitherto surveyed for sundry persons, who have not yet fore surveyobtained patents, in which surveys no distinction is made between plantable and barren lands; nor can the same be known without re-surveying such land, which would be very chargeable and expensive to the persons claiming the same, Be it therefore enacted, That for all lands surveyed before the last day of October, one thousand seven hundred and thirteen, one third part of the tract mentioned in each survey shall be accounted plantable and the other two thirds shall be accounted barren.

to be seated

IV. And be it further enacted, That for every fifty Proportion acres of the said land accounted plantable, contained in of arable and the tract mentioned in the patent, the patentee shall baren land be obliged, within three years after the date of the said and stocked. patent to clear, tend, and work three acres at the least, and so proportionably for a greater or lesser quantity, in some part of the said tract where he shall judge most convenient and advantageous; or else to clear and drain three acres of swamp or sunken grounds, or drain three acres of marsh, if any such be within the bounds of his said tract: And for every fifty acres of the said land accounted barren, as aforesaid, every such patentee shall be obliged to put and keep on the said tract of land, within three years after the date of his grant, the number of three neat cattle, or six sheep or goats, and shall be obliged to keep the said number of neat cattle, sheep, or goats, on the said tract of land, until three acres for every fifty be fully improved, cleared, and tended.

patentee.

V. And be it further enacted, by the authority afore- How barren said, That if any person shall take up a tract of land, and stony wherein there shall be no part fit for present cultivati- lands to be on, without manuring and improving the same, every improved,by such patentee shall be obliged, within three years after the passing such grant, to erect and build on some part of the said tract, one good dwelling house, after the manner of Virginia building, to contain at least twenty foot in length, and sixteen foot in breadth; and also, to put and keep thereon, the like number of three neat cattle, or six sheep or goats, at the least, for every fifty acres of the said land. And where any person shall take up and patent any stony or rocky grounds, not fit for planting or pasturage, if such patentee shall, within three years after the passing of his grant, begin

to employ thereon, and so continue to work for three years then next coming, in digging of any stone quarry, coal, or other mines, one good able hand for every hundred acres of the said tract; such improvement shall be accounted and taken to be a sufficient seating, planting, and cultivation, within the meaning of this act.

VI. Provided always, That every three acres of land When paten- which shall be cleared, tended, and worked, as aforesaid; and every three acres which shall be cleared and cease to im- drained, as aforesaid, shall be accounted a sufficient

tee may

prove.

ed prior to 1710, &c.

seating, planting, cultivation, or improvement, to save, forever, from lapsing, fifty acres of land, in any part of the tract contained within the bounds of the same patent; and the patentee, his heirs and assigns, shall at all times thereafter be at liberty to withdraw his stock, or to forbear working in any quarry, or mine, in proportion to such cultivation and improvements, as shall be made upon the plantable lands, or upon the swamps, sunken grounds, and marshes, which are included in the same patent.

VII. And whereas divers of her Majesty's subjects, Time allow-before her Majesty's pleasure was publicly notified coned to save cerning the granting of lands, were at great charge and lands survey trouble in taking up and surveying divers tracts of land, in expectation of grants thereof, upon the conditions of seating and planting, required by the laws and usages of this colony then in force, and must now relinquish their pretensions to the said lands, with the entire loss of all their charges thereon, unless some further time be given for the improving and saving the same, Be it therefore enacted by the authority aforesaid, That for all lands entered for, and surveyed, before the eighth day of December, in the year, one thousand seven hundred and ten, and for which, patents shall hereafter be sued out, there shall be allowed five years after the date of the patent to each patentee, to make such seating, planting, cultivation, or improvement thereon, as are herein before prescribed and set down respectively.

Patentee of

so much as

VIII. And be it further enacted, That when any land lapsed land, is sued for, as lapsed, there shall be reserved to the entitled to patentee such quantity of his tract of land, as he shall prove to have made a cultivation and improvement sufficient to save the same, according to the directions of this act; and that it shall be in the power of the patentee or possessor of such land, to allot the residue of

proved. &c.

the land which shall be found to be lapsed, to the person claiming the same, in any part of the tract, in one entire piece.

to be affect

IX. Provided always, That nothing herein contain- Prior grants, ed, shall be construed, deemed, or taken, to oblige ed only by the patentee of any lands heretofore granted, to make the laws any further or other cultivation and improvement there- then in force. on, than was required by the laws or instructions in force, at the time of obtaining the grant thereof.

feited.

X. Provided nevertheless, That every patentee shall Quit-rents be obliged duly to pay the quit-rents for the said lands; to be paid, and that upon failure of payment thereof, for the space or land for of three years, at any time after the date of his said patent, all the estate, right, and title of such patentee shall be determined and utterly void, and the said lands, and every part thereof, shall revert to her Majesty, her heirs and successors, notwithstanding the same shall have been seated, planted, cultivated, and improved, in the manner above expressed.

XI. Provided also, That in all grants hereafter to be made, of lands forfeited, for not complying with the condition and limitation in the first grant thereof, the same proceedings shall be had, as in and by one act of assembly, made at a general assembly, begun and held at the capitol, the twenty-fifth day of October, in the ninth year of her Majesty's reign, intituled, An act for settling the titles and bounds of lands, and for preventing unlawful shooting and ranging thereupon, are directed and prescribed.

1710, sec. 21.

Chap. 13,

made.

XII. And be it also enacted, by the authority aforesaid, How, and That when any person, who hath heretofore taken up where proof and patented, or shall hereafter take up and patent any of seating, land, shall have seated, planted, cultivated, or im- &c. mey be proved the said land, or any part thereof, according to the directions above in this act prescribed and laid down such patentee may make proof of such seating, planting, cultivation, and improvement, in the general court, or in the court of the county where such land shall lie, and have such proof certified to the secretary's office, and there entred, with the record of the said patent; a copy of which, shall be admitted as good evidence on any trial, to prove the seating and planting of such land.

XIII. And be it further enacted, That all lands here- Effect of savafter seated, planted, cultivated, or improved, accord- ing lands, ac F-Vol. 4.