III. And whereas divers tracts of land, have been Quality of hitherto surveyed for sundry persons, who have not yet

land hereto

fore survey. obtained patents, in which surveys no distinction is

ed, rated made between plantable and barren lands; nor can the same be known without re-surveying such Jand, which would be very chargeable and expensive to the persous 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.

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 barjen land

to be seated be obliged, within three years after the date of the said

and stocked. patent tu 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.

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

patentee. 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

a

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 tracı; such improvement shall be accounted and taken to be a sufficient seating, planting, and cultivation, within the meaning of this art.

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

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, lis 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 lands survey.

cerning the granting oflands, were at great charge and ed prior to

trouble in taking up and surveying divers tracts of land, 1710, &c. in expectation of grants thereof, upon the conditions of

seating and planting, required by the laws and usayes of this colony then in force, and must now relinquis la 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 Jands entəred 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

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 so much as he has im. prove to have made a cultivation and improvement suffiproved. &c. cient 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 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.

IX. Provided always, That nothing herein contain-Prior grants, ed, shall be construed, deemed, or taken, to oblige

to be affectthe patentee of any lands heretofore granted, to make the laws

ed only by any further or othercultivation 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.

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 of land for

feited. 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 1710, sec. 21.

Chap. 13, 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 pre-, venting unlawful shooting and ranging thereupon, are directed and prescribed.

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. may be

made. 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, according lands, ac

F_Vol. 4.

cording to ing to the directions, and within the time in this ací this act.

mentioned, shall not be deemed or taken to be forfeited, for not complying with the condition of cultivating and improving, mentioned in the grant thereof.

XIV. And to the end, her Majesty may be fully inCommenc. formed, how far the several clauses and provisos in this ment of this act contained, are agreeable to her Majesty's roial in

tentions, before the same be put in execution, Be it enacted, That this act shall commence and be in force from and after the first day of December, which shall be in the year of our Lord, one thousand seven hundred and fourteen, unless her Majesty shall be pleased, in the mean time, to signify her disapprobation or disallance thereof.

act,

CHAP.IV.

(From edit. An Act for registring Births, Christnings, and Bu1733,p. 291.]

rials.

I. HEREAS it is judged convenient, that an ex

act and regular account of all persons who shall Preamble. be born, christned, or buried in this colony, should be

kept, and an act made at a grand assembly, held at James City, the twenty-third day of March, in the year one thousand six liundred sixty-two, requiring, among other things, registers of births and burials to be kept, hath for a long time been disused, and the method pre

a scribed in the said act, hath not answered the end for

which it was intended. Births to be

II. Be it therefore enacted, by the Lieut. Governor, notified to

Council, and Burgesses, of this General Assembly, and it minister, or clerk, within is hereby enacted, by the authority of the same, That from 20 days. and after the twentieth day of April, next after the end

of this session of assembly the parents of every child which shall be born free, or one of them, and the master, owner, or overseer, of every child which shall be born a slave, shall, within twenty days after the birth of such child or children, give notice, in writing, of the birth of such child or children, together with the name of the parents of such free-born child, and the name of the owner or master of such child born in slavery; and shall distinguish whether such child or children be male or female, to the minister of the parish wliere such child or children shall be born; and if there shall be ño minister of the said parish, then, and in such case, the notice shall be given, as aforesaid, to the clerk of the said parish, or of the church or chappel nearest to the place where such birth and births shall be: And if any parent of a child born free, or the master, owner, or overseer of any child which shall be born a slave, shall

Penalty. neglect or refuse to give such notice, within the time herein before limited for doing thereof, every parent, master, owner, and overseer, so neglecting or refusing, shall forfeit and pay two hundred pounds of tobacco for every offence.

III. And be it also enacted, by the authority aforesaid, Deaths in That from and after the said twentieth day of April,

like mannere the master or mistress of every family or house, where any person, being frce, shall die, and the master, owner, or overseer of any slave, who shall die, shall, within twenty days after the death of such free person or slave, give notice in writing of the death of such free person,

and the christian and surname of such free person, and of the death of such slave, and the name or names such slave was called by, together with the names of the master or owner of such slave, to the minister of the parish, where such free person or slave shall die; or if there shall happen to be no minister of the said parish, then the notice of such death shall be given, as aforesaid, to the clerk of the said parish, or to the clerk of the church or chapel nearest to the place, where such free person or slave shall die. And if any master Penalty. or mistress of any house or family, where any free person shall die, or the master, owner, or overseer of any slave dying, shall neglect or refuse to give notice of such death, within the time herein before for that pur. pose limited and appointed, every master and mistress of such house or family, and every master, owner, and overseer of such slave so dying, who shall neglect or refuse to give such notice, shall forfeit and pay two hundred pounds of tobacco for every offence.

IV. And be it further enacted, by the authority afore- To be regis. said, That from and after the said twentieth day of tered, by mi.

nister April, the minister of every parish within this colony, shall keep a fair and exact register of all the births and deaths of the persons within his parish, of which notice shall have been given to him; according to the directions of this act; as also of all persons which shall be