The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-08-06

ens coarcs Of ,le iiany neardcrs thereof arc within
or ssstn the points called for by ne p,.en, that
the whole o ;l- rr.,eouTir. make tss rolss lay
Sr,ssfrr the points Wca, snd Nc.,h-wca. So Ike
wife the Whole oi thu coa,fes to.ma,ke $50 POLES
lay 6ei:oscr the points Wen and South-ye, the fame
ooiervations apply to the next coures. an, ALTO to
tio!e winch make SIS poles down Shocktc creek TO
tie place 6eSnaa Let I've noticed that where the
patent binds either James river or OH Shocka
creek, the coarf.s are allowed to lay Gt.zveea two
given extremes Bus IN ,hofe coarfes which neither
touch the river the creek, obey are pohtive ne-
Their the wcrd 5et1v-a nor any Other word or expref
lion is ,ufe3, which allows the ftnaivR deviation
This iurvey was very probably made by the marin
ers compass before the mode of acertaninr the ac-
ourase coures by the ievera degrees was in ule And
it ALTO appears in thoCe days. tina. it was cuf
on,ary to furvey By the 80 POINTS according to the
mariners compass, and not by the degrees as now
in ufe.
1t cens that the projectors of this disturbance have
been led into niilake by an erroneous contribution
on the form or words ofthe patent They fuppoc-
ed that the true meaning Of thoie parts of the patent
which calls for particular d1ances 6rvesa two given
points OF the compass, to wit. 6e.4veea Wet and
North-wet, meant dired Wen, Eorth-weR line,
that is, taking equal dinanee between the given
extremes, whereby regard would be paid either to
the words of the grant which fays yu.nsg up lam es
River, or the actual meanders coures of the shore
II II had been the intention have granted the land
according to the construction OF the ocators then the
Wording OF the patent would have been plain and not
Ambiguous, becaufe West North-West eourfe as
they contend is one of the SO points of the compass
the construction which the locators give prevail,
there would be, in the first distance considerable va
cancy between the line for which they contend and
the River and upon the Game principles the fecond
line would go fome distance into lanes River, and
7uoad SiS acrd comfortable diyrG1nee to tie peae.a5e
occupants Of bat clement.
The Construction which has been put upon Capt.
Byrds to authorize the hopes of the ocators 70
lar as thee facts and remarks 60 appear to be too RI
diculous to require more lengthy 'refutation The
Proprieors therefore might fafely defend upon the
patent, the we'll known ufages of the times and the
customary and Reasonable constructions in iiniar cafes
but fortunately Tor their iecury and the general
pole and tranquility, not only ofche City of Richmond
but OF the whole community, all ancient rights and
claims are guaranteed and projected by law of the
Commonwealth, OF Virginia, which psi.ed in the year
| 1913, which contains the following ietiion
| Reved Code. page 37S.
/" BE it enacted, that no entry or location on any
" lands IN this Commonwealth, which nave been let-
tied 80 years prior the date of (uch entry or oca
ton, and upon which quit can be pro-
we'd to have been paid at any time within the iaid
thirty years, shall be deemed valid; and any title
which the Commonwealth may be iuppoled tohave
thereto, is hereby relinquifhcd."
courles and diitanees with the general difcripton
mould be deemed defective (Which by the bye is i'm
poiibe) then the aa jult quoted would confirm the
poieiors provided fettlement of 80 years could be
proven, and taxes had been paid AZ any time within
the 80 years. Now it is well known that there is no
part OF the land for which the dturbance has been
made, which has not been -tled and occupied to all
PurPoes neceiiary to meet the meaning and n,euti-
on OF the law, more than fifty years 10 that the local
sors and others, who may be directly or indirectly
mtereited or concerned, when their understandings
ihai be awakened by theie remarks or by any other
means, may rife up andfay, ala5 il z,as 6gta dyeas,
! It's proper however TO make known, that i ref
pectabe nhabtant ct this city, Doctor William Fou-
ihee foon he difcovered the intentions of the To-
Gators examined their entry and found it to be iu-
ttantally detective in form. He Immediately with a
pomPtitude, which deferves notice and applaufe pro-
cured warrant in his name, and at his own ey-
!. penie, made another location, which embraced the
fame objeets of its predeeelor. This entry Doctor
Fouihee has declared to he made for the benefit of
the ievera proprietors, whole rights the other entry
intended dAurb, 10 that If the foregoing faas
and remarks, lett any thing in doubt, the locators,
would have been disappointed by thi. well meant &
well timed a6f of DoSor Fouhee.
But the locators contend, that Doctor Fou11ees en-
try Is not legal, becaue he entered with the coun.v
iurveyor, they fay, chat the beginning was within
the city, that the entry ought to be made with the
eisy ihrVeyor Attic this point is OF coniequence
in the preient cafe in much tie right of property
requires no prop, yet the writer of this article will en-
deavor to prevent them fro falling under the deuii
ons OF another dream, by quoting another law which
the legislature thought proper to paf at another time.
Rev Code page 13, part of the l3th fetaion,
every perion having land warrant and being def
rous OF locating the fame, on any particular wa9e
" and unapFropreated lands Shall lodge fuch war
rant with be ebif EpO)or eetbt eopairy wherein the
lad lands or greater Payl OF them lie" No body
VIII pretend that the mouth OF Shoc creek is not II,
ienrico County but it will be pretended that the
entry ought to be made with the furveyor of the CITY
OF Richmond, becaufe the mouth OF Shockes creek i
within the city; but admitting that this might
do ior lands altogether within the city, it would not
aniwer IN this cafe, beoane, TIE q,eater payt of e
liant, entered for lays in the county of Henrico and
nor within the jurildiaion of the city
When private perons in cafes of emergency volunta-
ry endeavor to render important ervices to ocety
tondlvduas its ertainly proper to make knownbot
heact andaetor this caetis neceary OH another ac
count The name of Or. Fouihee, Hands at prefent A.
mong thole who have contributed to dlurb the tram
guilty OF the city and county and this explanation
fie"s that tands there only for very different
purposes but fuch entte him to the thanks of ,boC
whole ancient and valuable poGeions appeared to be
jeopardized.
This patent is fad to be more explicitly favoura-
IN he V.sT,. L,..