The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-11-26

IS ufed which was herlne for ever so acres, In
all eonveyances and grants wherein he expected a
quit-rent he 70 expreed himfslE In the conveyance
to Lemon he referved qu,t-rent, but what call
a ground rent OF fAerling reierved. and this is
part of the Mues and profits deviied to d. M. Fair
fax, and by him transferred to Marfall d. NJ. Fair
tax IN his conveyance could not referve gSf
rent where none had been reierved by Id Fairfax in
thoie grants where quitrent had been reierved, D.
f. had right to referve in the he did, but
that refervation does extend cafe where no
7rit-reats had been exa6ted from the tenant. But
when is infifed that the term gu.ea. may be APP
Piled to the 5ferng in the deed expreiled Ito Lee
non) Twill examine the operation Of that application
The qit-rent of 100 acres is 2r Derling, thar of
one acre would be one hundredh part of 2r f-rlng
or 26 currency, If ST Rerling be deemed quit-rent
Tor one acre 100 acres would produce the revenue
OF & 25 Rerling I ak if this could have been
meant as gssye,I in the common ufe Of the term,
or as exPreled in general in his grants where quit
rents were refcrved.
But as this point has been much iniifed upon by
the appeilees council will here take view of fe-
veral acts of the Virginia Legislature wherein it APP
pears what the general aI.nbly called and denonli
mated quit-rept.
in October 1877, foon after declaration of in
dependence, pafed an aa oh. revival p 81, "a
where it declared, that lands may not be fubjea
to any feudal tenure and to prevent the danger to
tree tate from perpetual revenue. Be it enacted
forward he exempt and discharged from the payment
oil all gaif -yenfs except lands within the Northern
Neck, and that abolition of gst-,eni, may operate
the equal benefit OF all the citizens, the owners Of
| lands within the Northern Neck or faid territory
iuoed to the payment of an annual quit-rent of 2T
iterling per hundred the proprietor of the
| ~ Neck, fhall BE- allowed the fun of 2j6 current
money for every hundred acres and 70 in proportion
OFT the fun a1effed his lands fl long as 9nis-
remit thereon fa continue. In Oa. 1852 paffed aa
to amend and reduce into the everala3 sfor acer
tanning certain and duties and etabiiihing per-
manent revenue. Oh. revival p. l76, CHI. s. +. "a,
enacted that perfons holding lands within the N.
Neck ihai retain in their hands fequeered, all quit
rents which may now be due, and all quit-rents
hereafter becoming due mall be paid into the treafu-
ry; tor which qut-rents the inhabitants othe N Neck
hal be exonerated from future claim of the proprie
tor. AS to the term qut-rent in this act mention
| ed, by reference to the ACT of October l777, I am
at no lois to find what was meant, 26 therein ated,
not rents. In May 1883, act paf1ed to amend
the aa of October 1882 and other acts upon that fb-
jecf Oh. rev. COG, CHI 3S, (. s. 70 much of the aa
OF 1852 as permitted perfops retain therein ex-
pretied was repealed, and in October "a CHI. g. 4,
after other regulations recites that whereas it is re-
preieuted that the comnion of the land tax in fonle
of the counties in the Northern Neck have through
| miiconitrudion of the ACT of 1889 afIefIed on the
land holders of the aid coutie. quit-renf of26 De,
over and above the taxes, &c. directing
no further collection Of iach qut-rents, and directs
observation-disclosures. So that think no perfon reading
thofeieveral acts can be az lois determine what
was called and denomnated grit-renf by the lepif
| iature, y Herring or 26 current money for every
hundred acres, annually, and not the rent in quei-
ton.
I'd. pt. Whether right of entry for a condition
broken by non-payment of rent, can be conveyed or
transferred by deed or deviie
| Lord Coke IN commenting on Lii 2I to 2l aates
| that by the common law no fuch transfer could be
made, but by ftatute of Henry the eighth, fuch
right might be transferred and 70 was the law from
the paiage of chat fatute. In the cafe of Ards .,
Watkins Gro. reports in the time of Elizabeth pa
637, was adjudged that rents in arrear might be de-
| vIed. The lam: reporter in the reign of James pa
5l1, Havergoss VI Hare, it adjudged that futh
an eiiate might legally be conveyed and recovery
was had' bason ss4. soa grantee cfa rent may
grant it over before any iezing of the rent Bacon
refers to Roll. ~. And by an act of the general
afembly of Virginia for better feeuring the payment
OF rents, New revival p. 1855, oh. SO, f. 49, copied
from that Of Henry the 9Th, it is enacted that all
grantees, &c of lands let to ieafe all enjoy the like
advantage. againa the leIees by entry for non-pay-
nent of rent, &c. as the principal lefors thenIeves
might have had the council for the appellee is wrong
! in that exception.
3D. pit of objection is, that this is buying and fel-
ling pretended title contrary to law for that D. M
Fairfax was never in poiI.Hion.
The 10th article OF the cafe agreed, ffates thar
D.. Fairfax by name d. NJ. Fairfax by virtue Il the
will aforeiaid has become lawfully fezed and poeG
ed oil the eae 70 deviled, which is ufiicent anfwer
to that point,
9Th. D. NJ. Fairfax was and is an alien incapable of
taking tor himfsf or granting the ehate in quellon
The cafe OF Reid Reid lately determined in this
court was not like the prelent the deficient there ca
which founded the plaintiff claim was on Britih
lnt5ett rehding within that kingdom, in the year
1897. The king to whom the claimants owed allie
glance was not Lord Paramount of any lands in A
meriea, 1t was adjudged that he could not take.
The rights of d. M. Fairfax accrued during the
war between Great-Britain and America whatever
may have been his rights alien or whatever eff
eS the treaty of peace might have had on the fubea
Of his property in this country, this court is preclnd-
ed from confidering that fpbjea The common
wealth eauied All nqueR of office to be found on fome
OF the eftats devifsd by Lord Fairfax, and in the
dfrid court it was adjudged for the commonwealth,
an appeal was taken to this court and pending that
appeal, eoInpromife took place between the legif-
ature and the Purchafers under D. M Fairfax, as
may be found in an at pafIed December 1896. Tha,
act grants complete title in fee in the purchafers
to certain parts Of thst purchae, in which i included
the lots in queition. The legislature had right to
grant at diicreton, and is agreed that the terms of
that ACT has been complied with on che part of the
purchafers.