The enquirer. [volume] (Richmond, Va.) 1804-1815, 1806-01-16

an uneouilitutiunal, Retrospective and uniut a6 of
Anembly, to aiIt them in their nefarous dehgns.
Il would not be difficult new nrong reaions. for
mPnsing this legislative error, to the lat u s.sie
eaufes. $50 r.
Thus far Il has been deemed neeeflary to go, that
every body at Jingle reading might comprehend the
nature Of their rights which depend upon entries,
and the efeas which the different laws ought to have
in future decilons upon titles. 1t very likely that
this explanation would he fulieient, but there are
foe other things defervng Of notice, which, will b.
ex-mpi6ed before the fubjea is di(ml.d, by the re-
Proclamation Of fsw facts which well known by
fone perans who will probably read thsle remarks
Il will be pretended that fueh notices and pro-
ceedngs, were required by the ACT OF 1919, and
commanded BY the al Of 1887, to be done by the
furveyors, have ever been done. No fuch notices
have been given. How then can it be feriou1y pre-
tended, that an entry which veasd right, did not
or does not yetfupPort and protect that right, until
the elaimer has failed to perform fonie duty which
by the contraS by the terms Of the entry he WAS
bound to perform. The duties ct the furyeyor were
preliminary to forfeiture; torieitures were the CON
iequenees ofailures which fuceeeded the dcharge of
the!s preliminary duties; and as the preliminary du-
have not been performed, the veed right canucr
be forfeited by fueceedipg aud Retrospective a4 Of
Ahen,bly, without violating the contribution. All en-
tries do therefore in foro conlciener, fill retain
| their original Hrength, and the mandatory ftie Of
the aas Of 1877 ought to be revived with reafona
| Die u'nltation ot time fer EXECUTION.
Having iaid as much as appears necelary concern
ing entries or locations, IL is now proper to maks
| few remarks concerning iurveys, and the feveral
ass of aGaInbly which relate to them.
The a&s of 1879, which eaabiihed the Iand-oihce,
required that furveys hould be returned the rcgf
tiers oco within twelve months after date, and in cafe
Of failure fuhjeS to eaveat Several in6equent
iegatures from time to time, extended the time of
returning fuch furveys. As long thefe fuipsnding
laws were in force, the owners Of the furveys
prsteeted from caveats; and they liberty
return or keep up their furveys they chof foon
| as the laws expired, every furvey not before
turned, was fube6 a caveat that is provided the
eaveat was entered before the furvey was returned.
In 1884, an a2 pa1ed which declared that the fees
upon furvey fhould be paid down. From this it may
be inferred that, before that time, the regasrs fees
were ehargeable and payable upon other terms.
Until the FELTON, of 1891, material alteration
with reipett to furveys, took place. The time for
turning or rather the power of entering caveats
continued from time time before The laws ge-
Morally declared that iuch land. .oud not be forfeit
ed, or liable to forfeiture Fiat atesunt.
The act ofI79l, declared ia oofve fss,-S, that filch
entries and furveys alIudedto, hould BE-
conhdered az forfeited or Ha5e to joytefwf 1t is
known, it necsIary to know, whittier the legif-
iature Of 1901 intended to be more liberia! or were
more wife than their predictions; it iucient here
to new, tina. they renqai!hed the rght;of forfeiture
II before tha time it exited If this be TO- could their
| iueceaors revive and iniorcs what had been relin-
| quilted!
In the year 1872, another law was ralIsd, which
laid nothing about forfeiture the paymeat Of fees
The resy!tcr was commanded receive the furveys.
AT the fame fefion another law paed concerning the
fees of different offices, thole of the lani-oice were
regulated by new fandard. The regfer was not,
ny this act permitted require, that the fees hould
he paid down, all other laws were repealed by the
fame act, 70 that the right OF demanding the fees TO
be paid down detroYed.
Notwithstanding this apparent reaion which resu-
lated the conduct of the Legislature of 1892, yet it
appears that their iucceors of 1874 were influenced
BY different motives, mot probably fled By
lone teigning individuals who n,edtated Iome pri-
waite pecuiatons under the cloak of legal faneaion
Be this as it may,tis evident tEat Of the law
ol 1894 ieem TO have over looked dlregarded the
rights md privileges which had been granted By for
nsr LAWS believed that they had power, regard
le, of the veed rights of their conituent to aboliih
thoie rights and to introduce terms or princi-
pies in the proceedings which were neceGary to fe
cure complete title different from hole which had
before ex';led, Yet appears that the third fiction
OF the fame law provided as follows: that nothing
contained in this aa fall b. .aien ir7aate any yc5f
rr5ieJ 9aN bsve been acquired under tie ia4o of s sSu
o'n1ptalb, pyevi0ai to the faDzge Of TIE al At the
fame feion it declared that certain furveys ould
not be forfeited fubea TO forfeiture. From thele
things 1T feems that the fame Legislature and at the
lame ihitant enacted laws which calculated
both to preferve and dearoy veited rights
In Nov 1896, alaw pairl which commanded the re-
gifer Of the Land office Syeesed -r5 sH rveys nva
prior TO he ~ y january, 1896, according ME LI7s,
in force at he TIM Of sb /rvey5 mads the fame
feisn it was declared that all plats and furveys noe
returned within twelve months to the regfter of the
land-oshce, were declared be abfolutely null and
void. Let it be recoeaed that the law which pre-
fcrbed the conditions for locating land, had not re-
ferved any fuch power ths law givers of 1876 az
fumea, and that their predecefIors of 1884, 1899,
1898, 1874 and 1875, thought proper to re1quiNh
the right Of forfeiture if i, did before exit il is
therefore mPofible defend the law of 1916 which
was Predicated upon the prefumptcn of powers which
never did exit, or they exAed had been sbsn-
doned or relin9uiihed.
The powers thus aiIumsd by the Legislature Of &c,
were fuipended by the Legislatures Of 1897 1898 and
1899, during the la of theie years, the fulpeniion
ceafed and the law Of 1885, which declared that
turyeys houd be null and void which were not re-
turned to the lind Office, therefore fuppcied to be
in full force, and the RICHTER of the land-oice has
thought himlelf bound By it, and has therefore refuc
ed to eier lurveys which have been offered and for
which the fees have been rendered By ,hefe means
the claims Of individuals, who put different conui-
upon the fame law jeopardized and the claim
crs have before them, ihorter or better pro!psa
than the TEDIOUS and e1penye proceedings of fuit