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benefit of the troops serving in the present war, and bounded by the Green river and a south east course from the head thereof to the Cumberland mountains, with the said mountains to the Carolina line, with the Carolina line to the Cherokee or Tenesee river, with the said river to the Ohio river, and with the Ohio to the said Green river, until the farther order of the getrow a chief heral assembly. Any chief surveyor having warrant surveyor for lands, and desirous to locate the same on lands * lose within his own county, shall enter such location be...” “ fore the clerk of the county, who shall return the same ------ to his next court, there to be recorded, and the said surveyor shall proceed to have the survey made as soon as may be, and within six months at farthest, by some one of his deputies, or if he hath no deputy, then by any surveyor or deputy surveyor of an adjacent county, or his entry shall be void, and the land liable . . . . to the entry of any other person. Every chief survey.*... or shall proceed with all practicable despatch, to sursurvey, how - f * * * * , * given. vey all lands entered for in his office, and shall, if the party live within his county, either give him personal notice of the time at which he will attend to make such survey, or shall publish such notice by fixing an advertisement thereof on the door of the courthouse of the county, on two several court days, which time so appointed shall be at least one month after personal Effect of notice given; or after the second advertisement so pubpart..." lished; and if the surveyor shall accordingly attend, ing to at and the party, or some one for him, shall fail to aptood, with pear at the time with proper chain carriers, and a per... son to mark the lines, if necessary, his entry shall'bemarker. V come void, the land thereafter subject to the entry of any other person, and the surveyor shall return him
A Message from the Senate by Mr. Ellzey.
Mr. Speaker, *
for reserving certain lands on the waters of the Ohio and Green
- [MS. journal of House of Delegates of October 1778, 3rd and
- 4th pages from the end.j . . .
the warrant, which may, notwithstanding, be located anew upon any other waste or unappropriated lands, or again upon the same lands where it hath not, in the mean time, been entered for by another person. Where when printhe chief surveyor doth not mean to survey himself, cipal to di. he shall immediately after the entry made, direct a de- rect deputy puty surveyor to perform the duty, who shall proceed “*” as is before directed in the case of the chief surveyor. The persons employed to carry the chain on any sur- Chain-carvey, shall be sworn by the surveyor, whether principal riers to be or deputy, to measure justly and exactly to the best of **** their abilities, and to deliver a true account thereof to such surveyor, and shall be paid for their trouble by the party for whom the survey is made. The survey- or at the time of making the survey, shall see the same now.” bounded plainly by marked trees, except where a wa- and boundter course or ancient marked line shall be the bounda- ed. ry, and shall make the breadth of each survey at least one third of its length in every part, unless where such breadth shall be restrained on both sides by mountains unfit for cultivation, by water courses, or bounds of . lands before appropriated. He shall as soon as it can Plat and cerconveniently be done, and within three months at far- ''. d thest after making the survey, deliver to his employer, ..."...ie, or his order, a fair and true plat and certificate of such and disposed survey, the quantity contained, the hundred (where of hundreds are established in the county wherein it lies) the courses and discriptions of the several boundaries, natural and artificial, ancient and new, expressing the proper names of such natural boundaries, where they have any, and the name of every person whose former line is made a boundary; and also the nature of the * warrant and rights on which such survey was made, and shall at the same time redeliver the said warrant to the party. The said surveyor may, nevertheless, detain the said certificates and warrants until the payment of his fees. The said plats and certificates shall be examined and tried by the said principal surveyor, whether truly made and legally proportioned as to length and breadth, and shall be entered within three months at farthest after the survey is made, in a book well bound, to be provided by the court of his county, at the county charge. And he shall in the month of Returns to July every year, return to the president and professors *:::::::: of William and Mary college, and also to the clerk's ary college. Vos., x, H
office of his county court, a true list of all surveys made by him, or his deputies, in the preceding twelve months, with the names of the persons for whom they were re
clerk of spectively made, and the quantities contained in each,
there to be recorded by such clerk; and no person after the first day of May next, shall hold the offices of clerk of a county court and surveyor of a county, nor shall a deputy in either office act as deputy or chief in the other. Any surveyor, whether principal or deputy, failing in any of the duties aforesaid, shall be liable to be indicted in the general court, and punished by amercement or deprivation of his office and incapacity to take it again, at the discretion of a jury, and shall moreover be liable to any party injured, for all damages he may sustain by such failure. Every county court shall once in every year, and oftener if they See cause, appoint two or more capable persons to examine the books of entries and surveys in possession of their chief surveyor, and to report in what condition and order the same are kept; and on his death or removal, shall have power to take the same into their possession, and deliver them to the succeeding chief surveyor. Every person for whom any waste or unappropriated lands shall be so located and laid off, shall within twelve months at farthest after the survey made, return the plat and certificate of the said survey into the land office, together with the warrant on the general court, or such caveat shall become void; the said clerk on receiving the same, shall enter it in a book, and thereupon issue a summons, reciting the cause for which such caveat is entered, and requiring the defendant to appear on the seventh day of the succeeding court and defend his right; and on such process being returned executed, the court shall proceed to determine the right of the cause in a summary way, without pleadings in writing, empanneling and swearing a jury for the finding of such facts as are material to the cause, and are not agreed by the parties; and
countycourt, and surveyor, not to be united.
Penalty on surveyors, for neglect.
Surveyor's office, how examined.
Piat and certificates, when to be returned to land offiee,
which the lands were surveyed, and may demand of
Causes of caveat.
Proceedings upon caveats
the register a receipt for the same, and on failing to make such return within twelve months as aforesaid, or if the breadth of his plat be not one third of its length as before directed, it shall be lawful for any other person to enter a caveat in the said land office against the issuing of any grant to him, expressing therein for what cause the grant should not issue; or if any person shall obtain a survey of lands to which another hath by law a better right, the person having such better right, may in like manner enter a caveat to prevent his obtaining a grant until the title can be determined; such caveat also expressing the nature of the right on which the plaintiff therein claims the said land. The person entering any caveat, shall take from the register a certified copy thereof, which, within three days thereafter, he shall deliver to the clerk of
shall thereupon give judgment, on which no appeal or
writ of errour shall be allowed; a copy of such judgment, if in favour of the defendant, being delivered into the land office, shall vacate the said caveat; and
if not delivered within three months, a new caveat may for what
for that cause be entered against the grant; and if the said judgment be in favour of the plaintiff, upon delivering the same into the land office, together with a plat and certificate of the survey, and also producing a legal certificate of new rights on his own account, he shall be entitled to a grant thereof; but on sailing to make such return and produce such certificates
within six months after judgment so rendered, it shall
be lawful for any other person to enter a caveat for that cause against issuing the grant; upon which subsequent caveats, such proceedings shall be had as are before directed in the case of an original caveat; and in any caveat where judgment shall be given for the defendant, the court shall award him his costs, and may compel the plaintiff in any caveat, if they think fit, to give security for costs, or on failure thereof, may dismiss his suit; and in case the plaintiff in any such caveat shall recover, the court may, if they think it reasonable, award costs against the defendant; provided that where any lands surveyed upon a land warrant as aforesaid, shall, in consequence of any judgment upon a caveat, be granted to any other person than the party claiming under such warrant, such par
ty shall be entitled to a new warrant from the register
for the quantity of land so granted to another, reciting the original warrant and rights, and the particular cause of granting the new warrant. And to prevent confusion and mistakes in the application, exchange, or renewal of warrants, the register of the land effice
causes al. owed,
Costs, on ca.
New war. rants, where lands lost by CaVeat.
Duty of register, in relation to exchange renewed, or execution of Warrants s
is hereby directed and required to leave a sufficient margin in the record books of his office, and whenever any warrant shall be exchanged, renewed, or finally carried into execution by a grant, to note the same in the margin opposite to such warrant, with solio references to the grant, or other mode of application; and also to note in the margin opposite to each grant, the warrant or warrants and survey ori which such grant is founded, with proper folio references to
warrants & the books in which the same are recorded. All percertificates sons, as well foreigners as others, shall have right to
of survey as
assign or transfer warrants or certificates of survey for lands, and any foreigner purchasing warrants for lands, may locate and have the same surveyed, and after returning a certificate of survey to the land office, shall be allowed the term of eighteen months, either to become a citizen, or to transfer his right in such certificate of survey to some citizen of this, or any other of the United States of America. When any granto shall have been finally completed, the register shall cause the plat and certificate of survey on which such
grant is founded, to be exactly entered and recorded in well bound books, to be provided for that purpose. at the publick charge. Due returns of the several ar
ticles herein before required being made into the land
office, the register, within not less than six, nor more
than nine months, shall make out a grant by way of deed poll to the party having right, in the following
Form of form: “A. B. esquire, governour of the commonwealth **P* of Virginia, to all to whom these presents shall come & greeting: Know ye that in consideration of military ser
vice performed by C. D. to this commonwealth, &c. (or in consideration of military service performed by C. D. to the United American States, or in consideration of the sum of - current money, paid by C. D. into the treasury of this commonwealth, &c.) there is granted by the said commonwealth unto the said C. D. a certain tract or parcel of land containing 4 acres, lying in the county of
and hundred of . , &c. (describing the par.
ticular bounds of the land and the date of the survey upon which the grant issues) with its appurtenances;
to have and to hold the said tract or parcel of land
with its appurtenances to the said C. D. and his heirs for ever. In witness whereof the said A. B. gover