Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1805-01-26

received.
| And if such en- entry had actually been
made aaer 1857, and before l77S, Can
there be doubt but what it would have
prevailed against a Loyal Company SURVEY.
made in l7?4, founded on the order OF
l775! think no..
Moreover, thelesislature in l777, having
taxed .he settlers for the lands, could no,
in justice pass in 1879, any law, giving
those lands to the Loyal Company. And
therefore, the Loyal Company right
should stand as il did before l776, unaid.
ed by any subsequent law.
3. Agreeable to the order have pre-
scribed to myself, will next examine the
acls Of the legislature on the subject.
| The act of l74s allowing entries for 400
! acres, and, the a6 Of l777, taxing the peo-
| pie for The lands they were settled on, have
been mentioned already, as has the aet of
i77s. Some clauses Of the latter require
! particular notice.
The first section of the act Of 1879, con.
FIRMS surveys of taste and 'anafhroitriated
lands made prior to 1878, by county
surveyor, by AN orderof council, while in
force, &c.
I
settlers Oh suaste and una iaroh riated knds,
/ made priorto 1878.
The survey to be good, must be on svasse
and rsratifiroiariafed iands.
The settlement To be good, must be on
soaste aud unehhrofriased lands.
| IL settlements made in 1865, and SUR
vey in i775, which gives the best right
| / answer the settlement. Because it
was Oh svdsfe and unaf f'roi .riated lands, and
las confirmed. The survey was not on
suosfc end unaf iirohriofed lands /; and SD Is
nor confirmed.
Ifsuryry in 1854, andsettlemcntiul 1854,
which gives the best right! answer the
survey ;because it is confirmed the set
Element is not, by the fourth section. Any
fright tie settler may have to be preferred
as purchaser of such a survey depends
81. tIl> ,.rsas Of sale by the company Of
fered. These purchases are noticed in
! the seventh seStion, and it is 10 them the
ninth section, providing forfeiture, re-
! 'ates.
1t has been contended that the seventh
seclien which speaks Of settlers on lands
| surveyed for companies, and the ninth
which forfcits their claims, unless they
paid the purchase money in six months,
extends 10 persons who being settled or
reesre land before l77s had their lands sur.
| veyed in IVA and l775, by the compa
| ny's agents. An oplaion that no cisintc.
rested Judge could hold. The act runs
thus; Upon land surveyed for sundry
companies, by virtue of orders of coun
I" Gil, many people have settled" Here
we m,st understand the surveys as having
preceded the settlements.
So far as this section affects the LOYAL
Company's rights, it extends to the 90 SUR
veys made in 1883 and l754, in the name
lnfJo5n Lewis, on which people afterwards
settled. Their right depended on con-
tract. Their claim was to be Submitted
to the commissioners, aud to be forfeited
If they did not pay the purchase money in
six months.
This forfeiturs could not extend 10 those
settlers in whose own names surveys were
made; for the survey being made for them
was evidences Of their right and only to
them could grant issue.
But as this principle Of forfeiture for
non payment is one the company ask may
Ihe restored, and applied to the Chalmers
lof al the surveys, will examine il.
ii was the case that by contracts the
+. titles to those surveys were 10 be retained
] as security, was it reasonable, was il Just,
was il constitutional, for the Legislature to
declare that the claim Of the purchaser,
his farm produced BY labor and toll, should
he forfeited in six monthsl Il was an obi
Gus aet--an aet disgracefui to Virginia's
statute book. Wasthe same speedy reme-
dy ever given to any other persons but the
Loyal Company Was the same speedy
justice ever provided against any other de-
scription of citizens! / believe not. 1t
follows that an exclusive privilege was
granted TO the company.
come nextio consider the a9 of f7a3.
Thereby absolute forfeiture is taken a.
way, and power is given to make the
money by distress. Distress with VEN
Egeeoce! A part of the land was to be
laid off by The sheriff, ard sold for the
money. Under this aet, I knew a tract
claimed by widow and orphans TO be
sold entirely the agent conceiyisg the
sciiote was as small hayf as it was expe-
dent 70 sell.
le =. reritsd IN fl,;a 81 ,La, Al. at. r