The enquirer. [volume] (Richmond, Va.) 1804-1815, 1806-01-16
roa TIE ENQUIRER.
LAWS CONCERNING WASTE AND UNAP.
PROPRlATED LANDS.
Remark. on tie proceeding Exi,as,.

partialry, but the execution of the talk has been
attended with more trouble, and has required 4
much greater fcope than he anticipated. Aitho'
he has at lreient reaiou to fay that any laws or
claues Of laws have been pailed over, which ought
to have been introduced, yet itsis po!Gble that
there may be ton,e ou,illions. Any therefore
who may incline 70 obtain full fatisf.t1iou, Is advif-
ed to read the originals. Il isusfortunate that the
Revifed Code dues not fuiic,en,ly illctrate the
iabjeet; ard very evident THAT ieveral laws relat-
ing TO this important ipecies Ut property have not
been noticed.
twill be readily imagined, that the laws which
have been read, afford many caufes for litigation in
which men of the moR honen deiigns and honorable
deport len,, may differ in opinion. In this view
hone the evils great but they have been confie-
rably exaggera,eJ & multiplied by other caues loye
of which will be prsfently detailed and explained.
The country beyond the Allegheny has been. and
Is, by fome men OF desperate fortunes and
abandonel principles, who having nothing to lofe,
embrace every oecafsn Introduce diRurbance and
dque in the affairs, titles and claims Of others Some
Of whom arc either outcaas, fugtives or bsnkrupts
an fortune and character and have enisraed or fled
from other places in feareh Of an afylun.
The habits and couries of life with which they had
been before eonverant, have rendered them both
ming and cautious Experience, acquired in various
difficult iuations, had made them fubIe and acute.
Gush time, therefore, was not required, after they
s,d drained afoo,ng, before rhey began to enquire
into and dtrb the titles and claims IF Others, and
the ftatutes which have been Jun read Afforded toe
many plauGbe opportunities.
ltseer;anly No, only the misfortune but the diff
grace OF Virginia. that che atutes which relate to
the titles Of about half Of the lands in the ilate, afford
fueh opportunities 10 dnurb the public rspoie, to
,ard leteinsnts and improvements, aud not only to
repel many well dpofrd en,igrants and adventures,
who otlerwiie would be willing ts occupy the fpacs
which Weitern Virginia affords, but even has driven
away fone Of thale VINO mag have made aiefu pro-
grets.
rhef- things too well known to require proof.
The evil. arc felt not lrfs ny the pusc than'by ndivi.
duas And although it may be faid, that the courts
of the commonwealth afford to every protection
for his rights, yet it is ,-fy to forelce, when al
iao every tte requires the aid of judicial dccios
TO give it validity, hat the transfers of properly will
BE- few, and that the improvements, will be- ineaniGe-
rabe.
Atho' it ia true that the foregoing laws do not ex
hibt any thing which may no, be underassd, yet
they are 70 numerous--ther tcndencie. lonetir,es
60 much in contradiction, aud the ccnfequences of
Tonne 70 hard and oppreve, that the Perions who
likely To be iasred cannos, without great exeItioas
and expectes, avert tie evils witt, which they are
threatened.
ia the a ofi779, which efsah!hed til. land Office,
1t was provided that entry ~ location could be for
ieised unil the furveycr had either given noee the
owner or his agent, had advertiGed the ufual
place of ,lding the court that given day he,
OF his DEPUTIES, would proceed make the furvey
according to location 1.-THE furvey or deputy attend
ed agreeable notice, and the claimer his agent
did aot attend with cIIa carriers, markers, &c. then
the entry or location would be void, aud the land
might be located again either by the fame perfon and
with the fame Warrant or by any other peffea.
The Legislature, by frequent con,nuances, from
iisle time arreae.i fuipended, this power which
was eiyen the furveyors, and 20 long thsie fui
pending laws il force, left the Chalmers liberty
canfs Il land, to BE- inrveyed they might
chuis. When fufpc:.i;ng law expired, ten the
power Of the furyeyors 10 give nstice revived,
AMI might be executed by ,nen, according the pro-
vilions fthe law of t779 If they choose.
In 1855 an ad paded which commanded every
fnrveyor, immediately after the frt of January 1887
TO give notice all perions claiming lands by entry,
rs befsrs explained, TIA, he Of his deputies
would proceed to iurvey the fame This act
reipoaded with he al of 1879 in all things except,
that the at of l7s5, directed the furveyors TO give
notice, and the at OF l779 left them diicr ton
In ieIion 1884, at paiird declaring tina, al en-
tries which fhould not be farveyed before the frR
day Of February 1850 ihould be forfeited. The
penuers Of this fatue, doubt, forgot that en-
try was title, and created yeleed right, aud tina,
any law which delroyed private veited right unlef.
default had been committed by the individual was
IauroipeStiye and ought TO be deemed not only uH-
eon(ttutonI but void. They forgot when che en-
try was made, that the forfeiture made 20 de-
pend upon the condud Of the furYeyor by notice,
&c. and they ALTO forgot, vixen about declare that
all entries furveyd before given time iiou,d be
forfeited, to provide fnne means by which the claim
ers could procure iurveys to be made. Tine law
made no prsviion. il did not even fay that the
chief uryey hoald do it. or that in cafe of refufa
OF failure there hould b. any other legal means to
make the iurvey that any puEiihment fl,oud be
inflicted upon the chief furveyor for failure, or that
any further time Aeuld be allowed in cafe of the death
inability Of te iuryryor The Psanets of the law,
Eeemed ddpofed get clear Of the of entries
by the operations of new law, which no, only des-
troyed as far as could, veed rights, but impofed
duties upon them, which to be performed by O.
theirs over when they had controal, and whole
delqueuey they could not punini. This law was
Afterwards repeated Yet hard and oppreiive as il
was, it has laid tire foundation for dputes which,
for the rcaious already entiored, operate the
jury of individuals retard the fet;lcent Of ;ha
try, and Of courfe opPole the public interefs
After the repeal JAZZ alluded TO, further and fur
thsr time allowed Tor iurveyng entrees by which
it is to b. unierood that the duties the furveyors
in giving nGtce was iufpeuded, until the everal pc
rohs expired and II is contribution 10 given, becauie
the ordinary Legislatures Of this commonwealth had
no more right to deprive man Of his land claimed
by entry location except according to the terms
Which exiled in fpeh CAFES, when the right
ouirsd than ,vc.IJ snuII have 1divan III