fault of the tenant, no excuse shall be admitted but non summons, and such excuse being allowed, he may imparle, and at the next court shall either plead in abatement, or put himself upon the grand assize, as aforesaid.

XXII. And forasmuch as the rights and titles to lands within this colony originally depended upon, or are derived from patents granted for the same, to prevent all controversies concerning the validity of such patents, as have been formerly issued, but are not found among the records in the secretary's office, or not recorded, or for which no rights have been obtained in the manner prescribed by law.

XXIII. Be it further enacted, by the authority afore- Confirmation said,, That all patents for any lands within this colony, of patents granted before the first day of June, in the year of our granted belord one thousand seven hundred and ten, by the fore June 1, go- 1710. vernor or commander in chief of this dominion, for the time being, shall be held, deemed and taken, and are hereby declared to be, to all intents constructions and purposes, as firm valid and available in law, to convey and assure the lands therein granted to such person and persons respectively, as the same shall have been granted unto, and to their heirs and assigns forever, as if such patents had been duly recorded, and as if the rights had been paid for the same.

Patents to be

XXIV. And that when any patent for land shall be passed, the secretary of this dominion, for the time recorded. being, shall cause the same to be recorded in his office.

XXV. And whereas by a proviso in every patent for land the patentee is obliged, within three years next after the date of his patent, to seat plant and cultivate the lands so to him granted: For the better explanation thereof,

ted to the

patentee, or

XXVI. Be it further enacted, by the authority a- Surplus land foresaid, That if upon any new survey of lands before shall be gran granted to any person, a greater quantity of land shall be found within the bounds expressed in the patent, his assigns. than therein is mentioned and set down, it shall be lawful for the proprietor and possessor of such land, for the time being, to sue forth a new patent for the same lands, wherein the just quantity of land shall be more exactly expressed, yet nevertheless such perE 3-Vol. 5.

But no new son shall not be obliged to any new seating, planting, seating reor cultivation, notwithstanding such proviso in his new quired. patent.

Double pa XXVII. And that where any person hath heretotents corfir fore taken up any tract or parcel of land, adjoining to med without other lands, in his or her possession, and shall have new seating obtained a patent for the same, commonly called a

Improve

whole.

double patent, wherein both tracts are joined, in such case all such patents shall be and are hereby declared to be good and available in law, to confirm the same to such patentee, and those claiming under him or her, being in possession thereof, and to his and her heirs for ever, without any new seating or planting, notwithstanding the proviso aforesaid.

XXVIII. And that if any person who now is or ments on any hereafter shall be possessed of any tract of land which partof a tract extend tothe ought to be seated, planted, cultivated, and improved, according to the directions of this act, shall be desirous to take up one or more tracts of land, adjoining, and shall include all the said tracts in one patent, such lands shall be accounted as one entire tract, and any improvements which shall thereafter be made, according to the directions of this act, on any part of the said tracts, shall be held, deemed, and taken, to extend towards saving of the whole, in proportion to such improvements made thereon.

Patenteefail

XXIX. And that where any person heretofore hath, ing to pay, or hereafter shall obtain a patent, for any lands within &c, or topay this colony, and shall fail to seat and plant, or cultivate the quitrents as by this act and improve the same, or to pay the quit-rents thererequired, lo- of, according to the proviso and condition of his pases his land, tent, and the particular directions of this act, every and rights

also.

Lands shall

after thedate

such patentee shall not only lose the land so to him or her granted, but shall also lose all benefit of the rights upon which he or she obtained such patent.

XXX. And be it further enacted, by the authority not be lapsed aforesaid, That no patent shall be granted to any 'till 3 years person or persons for any tract or parcel of land, as lost and forfeited for want of seating and planting, or of the patent or 'till 3years for non payment of the quit rents, until three years quit-rents shall be expired, from and after the date of the patent Nor without granted for the same, or unless there shall be three judgment of years quit-rents in arrear, neither shall any patent be the General granted by reason of such forfeiture, until judgment Gourt, and certificate thereof obtained from the General

are arrear.

Summons

Where the

party resides here.

Where not

Court, in manner following, that is to say: The party Method of desiring such grant of forfeited lands, shall first pe- for lapsed tition the governor, or commander in chief of this land dominion, for the time being, and in his petition shall set forth, in what county the land lies, to whom it was formerly granted, and in whose possession it then is, for what cause the same is become forfeited, and in what county the grantee, or person in possession, resides; and such petitioner shall at the same time file a copy of his petition in the secretary's office, and thereupon the clerk of the said office shall issue a writ, to the sheriff of the county where such grantee, or person in possession, resides, commanding him to summon the said person to appear at the next succeeding General Court, on a certain day thereof, to shew cause why the land petitioned for, and adjudged to be forfeited, for not seating and planting, or for non payment of quit-rents as the cause shall be, may not be granted to the petitioner: Which writ shall be served upon such grantee, or person in possession, by the sheriff or under sheriff of the county where he or she resides, who shall make due return thereof: And if such person be not resident within this colony, then such resident in writ shall be served upon his or her attorney lawfully this colony. appointed; and if no such attorney can be found, then a copy of such writ shall be affixed at the door of the court house of the county where the land lies, on five several court days, and also in the court house of the General Court, at three successive courts, and thereafter such proceedings shall be had as if such party had been personally summoned; and where such writ shall be returned, served, if the party summoned, or his attorney, shall not appear, and make sufficient proof, that the land petitioned for, hath been seated and planted, or that the quit-rents thereof, have been duly paid, as the case shall require, then the General Court shall adjudge such lands to be forfeited, and revested in the crown, and shall cause judgment to be Judgment. entered accordingly, and certify the same to the governor, or commander in chief of this dominion for the time being; and also, that the party prosecuting was the first petitioner for the said land, and hath prosecuted his petition with effect: Which certificate shall intitle him to the land so adjudged and certified to be forfeited, in the same manner, and subject to the same

Return of

summons.

Surplus land.

Lands saved

ed, remain to

conditions and provisos, as lands not before patented are subject to: And if there shall happen to be a greater quantity of such forfeited land, than shall be granted to such petitioner, the residue thereof shall be granted to such person or persons as shall petition for the same, in the manner, and subject to the conditions and provisos aforesaid.

XXXI. Provided always, That if upon trial it shall before peti- appear, that the lands so petitioned for, have been tion exhibit- seated and planted, at any time before such petition the patentee. exhibited, tho' not within three years as aforesaid, the same shall be adjudged, and is hereby declared to be a sufficient seating and planting within the meaning of this act; and that when any such petition, as aforesaid, shall be exhibited, the patentee, or party in possession, shall and may reserve to himself so much of the land petitioned for, as shall be proved to have been one piece of seated and cultivated according to the directions of this act, and may allot the residue, which shall be found and adjudged to be lapsed, to the petitioner for the same, in any part of the tract in one entire piece.

Who may allot the lapsed part, in

his tract,

where he

thinks fit.

Provisions

XXXII. And to the end the lands of infants may be secured to them from being forfeited, for not seating and planting, or not paying quit-rents:

XXXIII. Be it further enacted, by the authority for securing aforesaid, That where any patentee shall depart this the lands of life within three years of the date of his patent, with

infants.

out seating, planting, or paying quit-rents, and the right of inheritance shall descend or come to any infant, under the age of one and twenty years, in such case, the sheriff of the county wherein such lands shall lie, may distrain the slaves goods and chattels of such infant, for all quit-rents due from time to time, and if no such distress can be made, or if the lands shall not be seated and planted, yet the same shall not be forfeited, until three years after such infant hath attained his or her full age: But the seating and planting such lands, and paying the quit-rents arrear and due for the same, within the said three years, shall be adjudged and is hereby declared to be sufficient to save such lands from being lapsed and forfeited.

And persons XXXIV. And that where any patentee shall die not resident within three years as aforesaid, and the right of inhein thiscolony. ritance shall descend or come to any person not being

then resident within this colony, such person shall not be liable to any forfeiture for not seating and planting, or for non-payment of quit-rents, until the expiration of three years after his or her right accrued.

XXXV. And for preventing disputes and controversies concerning lands, alledged to be lapsed for want of seating and planting, which cannot be determined without great difficulty, unless the matter of right be contested within a reasonable time, but otherwise must be of evil consequence to many people and their families, who have been long, and yet are, in quiet and peaceable possession of their lands, but nevertheless may not be able to produce legal evidence of the cultivations and improvements, made by their ancestors or predecessors;

XXXVI. Be it therefore further enacted, by the au- Petitions for thority aforesaid, That after the passing of this act, no lapsed land petition shall be received, or allowed, for lands sup shall be posed to be lapsed, for want of cultivation and improve within ten brought ment, if the same be not exhibited within ten years years. next after the date of the patent granted for the land, in such petition alledged to be lapsed or forfeited; and that where no petition shall be exhibited within that time, the patentee, and those claiming under him, shall for ever afterwards be held and adjudged to have made a sufficient seating, planting, cultivation, and improvement, to save such land from lapsing.

XXXVII. And whereas several persons have sued out and obtained patents for swamps, marshes, and sunken grounds, adjacent to the patented highlands of other persons, and without their consent or privity, to the great prejudice and inconvenience of the owners of such highlands; for remedy thereof for the future:

swamps,

XXXVIII. Be it further enacted, by the authority Rules in suaforesaid, That no person whatsoever shall take up ing forth paand patent any swamps, marshes, or sunken grounds, tents for lying contiguous to the patented highlands of any o- marshes, and ther person or persons, unless the party intending to sunken take up and patent the same, shall first, in the presence grounds. of two or more witnesses, have given notice of such his intention, to the proprietors for the time being then in possession of such highland, particularly specifying the lands intended to be taken up, and until one