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tisfy, make good, and pay to the owner or owners of such tobacco, goods, and merchandizes, all such damages as he or they shall sustain, by reason of the said tobacco, goods, or merchandizes, not being received and kept in such rolling-house: And the owner or keeper of such public rolling-house shall be liable to an action at common law, for any tobacco, goods, or merchandizes, which shall be lost out of such rolling-house, and for any damage which shall or may happen to such goods, merchandizes, or tobacco, during the time they shall be in the custody, or under the care of such owner or keeper of such rolling-house, for want of due care, or by the neglect of the owner or keeper of such rolling-house, his servant or servants, to the owner or owners of such tobacco, goods, or mer
chandizes. Right of ap.
X. Provided always, That if any person or persons peal to gene. shall think him or themselves aggrieved by any judgral court.
mentor order which shall belgiven by any county court, for any matter or thing done in the execution of this act, it shall and may be lawful to and for such person and persons to appeal from such judgment or order to the general court.
An Act for raising a Public Leoy.
An Act to enable William Manley, gent. to sell and dis
pose of certain entailed Lands and Tenements lying in the County of Westmoreland, on settling other Lands and Tenements lying in the said County, of which he is seized in fee, to the same uses.
Alex. Spotswood, Esq. Governor:
BEGUN AND HOLDEN AT
Williamsburg, the twenty-second day of October, 1712,
in the 11th year of the reign of our sovereign lady
An Act for preventing frands in tobacco paiments, and Repealed by for the better improving the staple of tobacco.
and an Act to continue an Act for appointing Ran-
1733,p. 288.) 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 pa
Preamble. ty, for the better cultivating and improving of lands, within this her Majesty's colony, bath by her
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, con. formable 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 clear. ed 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 Majes
ty'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 ed.
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 un
passable 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
joined, to take particular notice, according to the best land,
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 accord. ingly to insert, in the survey and plat by him returned into the secretary's office, the true quantity of each kind of land.
III. And whereas divers tracts of land, have been Quality of hitherto surveyed for sundry persons, who have not yet fore survey.
land heretoobtained 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 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 plantables 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 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.
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 suflicient 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 afore.
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, bis 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 ed prior to trouble in taking up and surveying divers tracts of land, 1710, &c. in expectation of grants thereof, upozn the conditions of
seating and planting, required by the laws and usages of this colony then in force, and must now relinquis le 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 entored 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 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