Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-07-10


M. M.CUa, ASKED whether he Code conain
81 ary n,oy,sion Tor 4 relocation u lands which
were uCt again forfeited 10 he Conmoh~eaI'''
Mr.. MONCURE, ol s.. SAT- tnefc was NO pro-
vision OF The kind.
Mr.. PRICE In 1885 the Legislature Ie-enacl.
ed The law OF 1910, proyiting Tor Inc forfeiture OF
the lands which had passed eff The COMMISSION
ers Books. Mr.. PRICE thought land 10 Angus
IA was MOI liable 10 relocation. Yves. OF me
Alirshanies The iaEh laws were different.
Mr.. FAULKNER said that land which mas
once been granted By the Commonwealth cannot
be granted a2ain--Ior patent IS presumed 10
embrace "wasie and unappFcpriaed land.
Mir. GOODSON said this 39sh section would
break no ihe Land Office, and would enable the
surveyors and the sharpers TO appropriate nearly
All The land The West were deeply interested
in il. and he hoped The House would pass by the
question Tor the present.
Mr.. FERGUSON said it was vital question,
and should BE- passed over Tor The present. This
serlion had been Struggled through The Lesi>la.
ture
ern members - the importance OF this subject
|, was Western question, like that OF oysters,
and he though; Eastern members should lake Il
into rhcir own hands, and MOI allow lhe Wes1 10
c,rrv IN system OF sqnauns pilierins, &C.
mir. GOODSON warmly responded. The
WIS, ask.d only Justice. II Eastern men enter
lands in The West they should be made 10 pay
Inc tases, or bear The consequences. Mr.. " sa'!
il was important 10 The West 10 settle Inls ques-
tion. so as 10 establish their titles 10 their lands
He VIZ, ready TO go into The Courts and settle
their rights there.
Mr. FERGUSON zealonsly defended The PEG.
ME Of The West, who sought only 10 se'he Their
Ian titles. This section was ruinous 10 The m
lerests Of Inc Wes', and he asked time 10 TOOK
into The subject.
Mr.. PRICE e1pla inet the propriely Of me sec
lion. lie was surprised 10 hear MS illend nom
Washington express wish 10 open me Mood
gales OF litigation again. IL would De Ter me
good of The LAWYERS alone
Mr.. GOODSON said The gentleman had shown
himself IL be The friend ana advocate OF he large
Ian. companies domestic and foreign. ner.
chant in Paris claimed nearly all the land ~
Scoll and Leo; and, some years ago. his agent,
MIR Dumas, had come Ia Richmond, and had q.
ven great treat 70 the members, eBdeayorlng to
bring them over to his views in monopoli2ins the
land. Mr.. G.. protested agans! he denial Of right
ID rhc Wcs' "a selr their land titles.
Mr.. MOORE ced number 81 lacis 10 show
The niusiicc IL allowing foreigners f. come among
uS-ro allow iha lands 10 lle and be entered by
olhers-and yet twenty years Afterwards, aitef
| all The Improvements aic mane, ,np foreigner
comes in and claims .hr Land. Mir. Moore e1-
planned al length The mischieyous and ialal ef-
feels Of VireiLia's not adopting The system OF
other States in settling her iaDd titles. While
things continue Virginia could MOI be populated.
II we had adopted a different system we should
have had perhaps some fifty OF sixty members
0! Congress.
Mr.. STOVALL did not mean 10 arply the
wnn! "pilerer-," Sc 10 all ihr Wesi-bul 10 he
many cases Of gross injustice, in lands being
Sc I'D ami held By junior paIenIec> In reply tn
question from Mr.. GOODSON, Mr. 5. said
The laws ii Tennessee allowed land titles 10 be
perfected by an occupancy OF seven years-and
This was better than in Virginia where the same
result was attained il one year
Mr.. PRICES Amendment was agreed 10.
Mr.. FEKG USON moved to amend section 81,
50 as 10 provide lor The publication Tor tour
weeks in a newspaper oi Inc return OF sum
mons on a capcGt returned moi executed" il tie
d,ieaian; be assent ffcm the STATE. Otherwise
a case could not be broush, 10 rial, il The dcien-
.aut be NONRESIDENT
Mr.. PRICE suggested thai the defendant should
still have day in court, 70 appear ard show cause
why Judgment should moi be tn!eIed-as IN
| cAancery causes.
MIR. FERGU SON then withdrew his motion.
IA message wa. received from the Senate by
Mr.. STRlNGER, that hey had passed, win
amendments, the Act 10 take 'hc sense Of The
citizeos OF WAYNE county upon The removal Of
| The sea, OF justice II said couGtv"J
Chapter ll3 Of Escheais and property for
feiicd 10 The Stale, or dereict Passed on with
out objection.
Chapter ia: ~ The transfer IN certain cases
of ne Commonwealth right in lands escheated
or torteited.
hiT PRICE moved 10 amend section 81 BY
striking out nc provision requiring she person
IN whose name Il Che forfeiture o! any tcsIn-
qurai land, &c. y vas incurred" 10 be stated ~
| inc eniGy am gram. This motion was sustained
~ MessIs. GOFF am FERGUSON, and pre-
vailed.
/ Mr. FERGUSON moved 10 strike out from
the same section ne following woris:
| "But no such grant shall hereafter issue or be
valid TO pass The right OF The Commonwealth Or
the Literary fund 10 any such forfeited or omitted
land unless the fact of Inc forfeiture be stated IN
The entry and grant"
Mr.. F. saw no necessity Tor this great trouble
10 ascertain and stale in his patent whether me
land is waste and unappropriaIed, or eschealed
and forfeited land Each Of these kinds OF land
can be relocated and re-sranied
| Mr. GOFF sustained the notion as most IN
pur,ant 10 The West.
The said words were strickcn on.
To remove the ambiguity OF the 3rd section,
the word "oEieed' was substituted Tor "delin>
| auenr" On morton ol Mr.. LANE OF Lee.
Sec 10: TIM alio,oed oTner IF fortified lands
soM Jor tores Il opp for surplus oftte mles.
MIR PRICE moved 10 amend, 50 as 10 allow
creditor having a claim operating on The land at
The lime il was sold, 10 apply 10 court, 10 draw
| from The treasury any excess oil sales, alter Inc
payment al Inc taxes and COSTS Of the Common
wealth, 10 meet his debl. IL vas sort Of equity
| ui redemption.
Mr. MONCURE Of s. thought The RICH, Of The
owner would draw after il The right II The credi.
Tor 10 90 upon The surplus Tor his debt. lie saw
| no occasion, then, Tor This amendment.
Mr. HARRISON OF P. w. thought the ieme-
| III provided in another section.
! Mr.. PRICE eni5fcedlhe necessity Ut some ma.
! chncry 10 effect hi, object.
| Mr.. MONCURE Of 5. read rom IN" Isl P'rI
| Of the Code o show tEat such machinery was
| provided.
Mr.. PRICE. rheu Withdrew his motion lcr Ihr
| present.
Mr.. MOORE no ,ed 10 lay the Code on he
,aha 81 as Ia allow the House 10 act on the blil
/ ,,por,pd from The Sena:e ibis morning. Carried,
"A 10 "a.
| The Srnac's amendments 10 The bill in reg?i;
| ~ The removal Of The seat d Juslre u Wayn.
county were then agreed TO.
Mr.. DDRMAN moved that the House al.
| lourn. Mr. liASSlE. called The ayes and hoes.
| The louise had lhis morning refused 10 adjourn,
% celebrate The day, and he saw no reason No"
| which did mol pcrae lhcn.
The House by vote Of So 10 50, refused -
/ adjourn.
Mr.. PRICE moved 70 take mp the second par'
| II tie Cude-the vote stood herenpon IS 70 H.
| No quorum.
Mr. HOUSER moved ha, the House adj uin,
and Mr.. GEORGE called the ayes and noes. The
House again refused 10 adjourn. Ayes =, noes
| 80.
The question being Oh the motion 10 take ny
me Cole, par second, Mr.. HlNER asked thc
ayes and noes Il was decided il The affirmative.
| Ayes 81, noes ..
Mr.. PRICE. moved 10 amend Secf. IL .! Chap
Ter 3, on "Surveynrs." 50 as 10 p!oyd" that sur
veyor shall rot he required 10 forfeit penalty or
making a survey by orier .; CONT, unless boat
and security is given tina; HI ices will be paid
- Igri nj LARGE