tober 25, whole year shall be fully expired, from and after the time of such notice given: And if within that time, the proprietor then in possession shall not obtain rights, and sue forth a patent for such lands, then it shall be lawful for the person or persons, who have given such notice, his, her or their heirs and assigns, to take up and patent the same; in which patent shall be particularly expressed, whether the lands thereby granted are swamps, marshes, or sunken grounds, and Patents for to whose highlands they are adjoining: And all and such, obtain- every patent and patents, for such lands, heretofore ed since Oc-obtained at any time, since the twenty fifth day of 1710, contra- October, in the year of our Lord, one thousand seven ry to this act hundred and ten, or which, at any time hereafter, shall be sued forth or obtained, contrary to the directions of this act, shall be, and is, and are hereby declared to be null and void, to all intents and purposes, as if such patent or patents had never been obtained or granted. And if any controversy concerning such notice, as aforesaid, shall arise within five years after the vered with same ought to have been given, the onus probandi but not after shall lie upon the person who ought to have given notice; but where no such controversy hath arisen, or shall arise within that time, five years possession shall be held and taken as sufficient proof that due notice has been given. void. Notice may be contro in five years, Saving to infants, and persons under egal in XXXIX. Provided always, That nothing in this act, shall be construed, or extend, to give liberty to any person or persons to take up and patent any capacities. Swamps, marshes, or sunken grounds, lying contiguous to the highlands of any feme covert, or infant, under the age of one and twenty years, or of any person not being compos mentis, under pretence, or by virtue of notice being given, as aforesaid, either to such feme, infant, person non compos mentis, or to the husband, guardian, or other person then in possession thereof. Rules in en tries for sur XL. And whereas, thro' the ignorance or negligence of surveyors in former times, divers persons have held or hold, within the bounds in their patents expressed, greater quantities of land, than are mentioned in their patents, or deeds, and for which they pay no quit-rents; for quieting such possessions and preventing controversies: XLI. Be it further enacted, by the authority aforeplus lands. said, That it shall not be lawful for any person to en ter for any parcel of land, held of the crown, for or XLII. Provided always, That if upon notice given Provise as aforesaid, the person in possession shall within the year survey his tract, and it be thereupon found, that he hath no more land than he pays quit rents for, the party giving such notice shall be liable to pay all charges of such survey; and moreover, for his unjust vexation, shall also be liable to an action upon the case, Five per at the suit of the party grieved; and that in all such cent. allownew surveys, the patentee or possessor shall have an ation of inallowance, at the rate of five acres in every hundred, struments. for the variation of instruments. ance for vari tenant in tail XLIII. Provided also, That where such notice shall Privilege of be given to any person, being tenant in tail, or tenant or by the by the curtesy of England, of and in any tract of curtesy. land where surplus is alledged to be, such tenant shall, within the year survey the same, and give an account to the sheriff of the county wherein such tract shall lie, of the true quantity of surplus land found therein, and thereafter pay the quit-rents becoming due for the same; which survey, and payment of quit-rents, shall be good and effectual to secure the surplus to such tenant, and those claiming in reversion or remainder, without suing forth any new patent for the same, neither shall any patent be granted to any person petiti sue the di rections of this act Penalty if he oning for such surplus land; but if upon notice given, fails to pur- as aforesaid such tenant shall neglect or refuse, with in one year then next to survey, and give account of the surplus, if any be, to the Sheriff as aforesaid, such tenant shall, for every such neglect or refusal, forfeit and pay twenty pounds current money, one moiety to our sovereign lord the king, his heirs and successors, and the other moiety to the informer, to be recovered with costs, by action of debt, or information, in any court of record of this dominion: And where, in case of survey so made, it shall appear, that such tenant holds no more land than he already pays quit-rents for, the party giving notice shall be liable as aforesaid. His goods XLIV. And that every tenant in tail, or by the curand chattels tesy, shall from time to time, be liable for the quit liable for the rents of all lands by him or her respectively held, quit-rents. which may be levied upon the personal estate of such tenant, in any county of this colony, in the same manner as the law directs his majesty's quit-rents to be collected, levied and paid. Rules in seat ing and saving lands. How and by whom sur made. XLV. And for the better explaining and ascertaining what shall be a sufficient seating, cultivation, and improvement, to save lands from becoming lap sed or forfeited. XLVI. It is hereby further enacted, and declared, That every survey of lands intended to be patented, shall be veys shall be made and returned by a sworn surveyor, duly commissioned for that purpose, and that the breadth of every tract so to be surveyed, shall be one third at least, in proportion to the length thereof, except where the courses shall be interrupted by rivers, creeks, or unpassable mountains and swamps, or by the bounds of other lands before taken up or patented. Clearing, XLVII. And that for every fifty acres of land, which shall be granted in or by any patent, hereafter to be issued, the patentee shall, within three years af ter the date of his patent, clear, terd, and work three tending, and acres, at the least, and so proportionably for a greater working the or less quantity, in some part of his tract where he shall think best; or shall clear and drain three acres Draining of swamp or sunken grounds or marsh, if any such be marshes, &c. within the bounds of his tract; or he shall put and keep on his tract, within the time aforesaid, three neat land: Keeping stocks. cattle, or six sheep or goats, for every fifty acres, during the term of three years. Working XLVIII. And that if any patentee or proprietor shall, within three years, as aforesaid, begin to work mines. in digging any stone quarry, coal, or other mine, upon his tract, and continue the same for three years then next following, he shall, for every able person so employed, save one hundred acres. cleared and XLIX. And that for every three acres well fenced Pastures and cleared, which shall be kept and used for a pasture, fenced. during the term of three years, the patentee shall save fifty acres. fruit-trees & L. And that where the patentee or proprietor of a- Buildings, ny lands shall, within three years as aforesaid, expend planting any sum or sums of money, or tobacco, in building other im houses, water-mills, or other works, or in planting provements. trees, or quick-set hedges, or making any other improvements, for every five pounds current money, or the value thereof, so expended, he shall save fifty acres, and so proportionably for a greater or lesser gum. LI. And that, for preventing controversies touching Valuation of the value of such buildings, or other improvements, it improveshall be lawful for the court of the county where such ments. lands shall lie, and they are hereby authorised and required, upon application to them made by the patentee or proprietor, or his or her agent, to order such buildings and improvements, to be viewed by two or more honest and indifferent men who shall be first sworn before a justice of peace, truly to value the same according to the best of their judgment, having regard to such accounts of the expences as shall be to them produced, and reasonably proved upon oath, or otherwise: Which valuation so made, shall be returned to the said court, and recorded in particular books for that purpose, and shall be adjudged, deemed, and taken to be sufficient proof of the value of such improvements: And in case a petition shall be preferred before such valuation made, the General Court may order the same to be done in manner aforesaid. LII. Provided nevertheless, That in every such case the several kinds of buildings and improvements shall be specially mentioned, and that before such valuation shall be admitted to record, the proprietor or his or F 3 Vol. 5. Proviso. Cultivations ments once her agent, or attorney, shall make oath in court, that none of the said buildings, works, or improvements, have been before valued and recorded, in order to the saving any of the said lands. LIII. And be it further enacted, by the authority a& improve- foresaid, That all and every the cultivations and immade, accor-provements, herein before particularly specified and ding to this expressed, which heretofore have been, or hereafter act, shall for shall be made, upon any patented lands, within the ever save lands from lapsing. Bounds of courts. time in each patent respectively limited, or before pctition shall be preferred, for obtaining a grant thereof, as lapsed, shall enure to the benefit of the person making the same, and shall be accounted a sufficient seating, planting, cultivation, and improvement, to save for ever from lapsing, so much of every tract respectively, in any part thereof, and in proportion to the extent or value of the several cultivations and improvements, as shall appear to have been made thereon, in the manner by this act directed and declared: And that no lands so saved shall, at any time afterwards be liable to be forfeited, for not complying with the condition of cultivation and improvement, mentioned in the grants thereof; but the patentee, his heirs and assigns, shall at all times thereafter be at liberty to withdraw his stock, and to forbear working on such lands, if he or they think fit. LIV. And for preventing controversies concerning lands to be the bounds of lands, Be it further enacted, by the authoriprocessioned every fourth ty aforesaid, That once in every four years the bounds year, begin of every person's land shall be processioned, or gone ning in 1751. round, and the land marks renewed, in manner followDuty of coun-ing, that is to say, the court of every county, at some court between the first day of June, and the first day of September, which shall be in the year of our lord one thousand seven hundred and fifty one, and so between the first day of June, and the first day of September, in every fourth year thereafter, by order of court, shall direct the vestry of each parish within their county respectively, to divide their parishes into` so many precincts, as to them shall seem most convenient for processioning every particular person's land in their respective parishes, and to appoint the particular times, between the last day of September and the last day of March then next coming, when such processioning shall be made in every precinct; and also |