CHAP. IV.

An Act to prevent Land lapsing from Infants, for not seating and planting, or not paying quit-rents, until three years after they come of age.

I.

W

[From edit. 1733,p. 283.]

HEREAS the provision made, in an act made Preamble. at a general assembly, begun at the capitol, the twenty-fifth day of October, in the ninth year of the reign of her Majesty Queen Anne, intituled, An act for settling the titles and bounds of Land, and for prevent- See acts of ing unlawful shooting and ranging thereupon hath not 1710, ch. 13, sufficiently answered the damage and inconveniencies sec. 23. that may happen to infants under the age of twenty-one years, for not seating and planting lands belonging to such infants, or for not paying quit-rents for such lands, according to the directions of the said act: 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.

quit-rents,on

II. Be it enacted by the Lieutenant-Governor, Coun-When guarcil and Burgesses, of this present General Assembly, and dian to give it is hereby enacted, by the authority of the same, That security for where any person shall obtain a patent for land, and payment of shall depart this life within three years after the date infant's of the patent, without seating and planting, or paying lands. the quit-rents, according to the condition and limitation in his said patent, and the right of inheritance in the said land shall descend or come to any infant under the age of twenty-one years: In such case, the court of the county in which the parent, or ancestor, of such infant shall depart this life, is hereby required to take security of the guardian or guardians of such infant, duły to answer and pay the yearly quit-rents for all the land that shall descend to such infant, and yearly to inquire how the same is performed.

III. And for the more effectual obliging the guardi- Sheriff may ans of all infants to perform their trust in the premises, distrainguar. Be it enacted, That where there shall not be sufficient dians' efdistress found upon the land of any infant, to satify the ects. quit-rents due for the same, it shall and may be lawful to and for the sheriff of the county to distrain the goods and chattels of such guardian or guardians, for the paiment of the said quit-rents: And if it shall happen, that either through neglect of the county courts to take such bonds, or of the sherifs to make distress in man

ner aforesaid, the quit-rents for the lands of infants shall not be paid, nor any seating or planting made thereon, the said land shall not be forfeited for not seating and planting thereon, or for not paying the quitrents for the same, until three years after such infant shall attain to the age of twenty-one years: And if such lands so descending or coming to such infant, shall be Infant not to seated and planted, and the quit-rents due for the same, be prejudic-from the date of the patent, shall be paid within three ed by ne- years after such infant shall attain to the age of twentycourt or of one years, the seating and planting, and paiment of guardian, till quit-rents made within the time aforesaid, shall be ad3 years after judged, deemed, and taken, and is hereby declared to full age.

glect of

Infant fe

be a good and sufficient performance of the condition and limitation in the said patent expressed; any law, custoin, or usage to the contrary thereof, in any wise, notwithstanding.

IV. Provided always, and it is hereby declared to be males marry - the true intent and meaning hereof, That if the inheriing, 3 years tance of any lands not seated and planted, or for which tocommence quit-rents have not been paid, according to the conditi

from cover

ture.

[From edit. 1733,p. 284.]

on and limitation in the patent, shall descend to any heir or heirs female, and such heir or heirs female shall marry before she or they attain to the age of one and twenty years: In such case, the three years hereby allowed for 'seating and planting, or paying the quit-rents, shall be accounted from the time of such coverture, and not otherwise; any thing in this act to the contrary thereof, in any wise, notwithstanding.

CHAP. V.

An act for appointing rolling-houses* and public landings, and ascertaining the prices of storage.

Wappointed

it is expedient that proper places be in each county of this colony, where tobacco and other goods and merchandizes may be kept safe and without damage, in order for transportation; as also places for public landing.

houses,alrea

II. BE it enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and Rolling-houit is hereby enacted, by the authority of the same, That ses, or ware. all houses now built and used as public rolling-houses, dy built, connot being distant from a public landing above the space tinued. of one mile, shall be and are hereby confirmed and continued, and shall be constantly kept up and maintained by the respective proprietors thereof; and in case of failure therein, it shall and may be lawful for the courts of the respective counties to grant the same to any other person that shall be willing to build a rollinghouse thereon, in the manner hereafter directed: And all landings now used as public landings for the shipping of tobacco, or unlading other goods, or merchandizes, are hereby continued and confirmed: And where public rolling-houses are already built, not being within a mile of a public landing, it shall and may be lawful for the county courts to order new rolling-houses to be erected on the same rolling roads, not distant from a public landing above half a mile.

III. And for the conveniency of the inhabitants on the heads of great rivers, and other remote plantations on the south side James River.

IV. Be it also enacted, That where public rolling- County houses andlandings are not already set out and built, it courts may shall and may be lawful for the courts of the respective establish counties, upon the application of the inhabitants, for Mode of acsuch landings or rolling-houses to be appointed on the quiring lard land of any person or persons whatsoever, to summon the owner of the said land; or if the owner be under age, or out of the country, the guardian or known attorney, as the case is, to appear and shew cause why a public rolling-house, should not be erected on the said land, or a public landing set out and appointed: And if, upon examination, they shall find that the rollinghouse petitioned for, is convenient and necessary, to order and appoint a house to be built thereon for a public rolling-house, by the owner, guardian, or attorney, as aforesaid, so as such rolling houses built, or to be built, be not distant from a convenient landing place above the space of half a mile; and also to direct and appoint such place or places, convenient for boats, sloops, and other vessels to come to, in order to land or

How rolling

houses acquired, for the public, where the

take on board such tobacco, or other goods, as shali or may be brought thereunto, to the public landings.

V. And be it further enacted, by the authority aforesaid, That if any owner or owners of any house now built or used for a public rolling-house, or the owner

or owners of any land appointed by any of the said counpresent own-ty courts for a place whereon to build a public rollinger refuses to house, his, her, or their guardian or guardians, attorbuild, &c. ney or attorneys, shall refuse to suffer or let such house be made use of for the purpose aforesaid, or to build a good and convenient rolling-house on the placeappointed by such county court for the same to be built on, within one year after the time of such appointment made; that then, and in such case, upon the petition of some freeholder or freeholders of the county where the said house is, or land lies, it shall be lawful for such county court, and they are hereby required to order and appoint three or more good and lawful men of their county, upon their oaths, to value and appraise the said house so appointed, together with halfan acre of land next adjoining thereto; or to value and appraise half an acre of the land so appointed for a place whereon to build a rolling-house: Which value of the house and half acre, or of the half acre of land appointed for a place whereon to build a rolling-house being paid, or lawfully tendered to the owner or owners thereof, and return of the said order and appraisement to the county court made, the freeholder or freeholders petitioning, as aforesaid, shall be and are hereby declared to be vested in the house and half acre of land, or in the half acre of land appointed for a place whereon to build a rollinghouse, to him and them, his and their heirs forever, upon condition, that he and they, his and their heirs and assigns, keep and maintain upon the said half acre of land, such a convenient rolling house, as the said county court shall, from time to time, direct and appoint; or otherwise the said half acre of land to revert to the former proprietor thereof, his heirs and assigns, or to such other person as will build and maintain a sufficient rolling house thereon.

VI. Provided always, That the house so to be apRestriction, pointed from time to time by such county court, be not power of the a dwelling-house, or any out-house, edifice, or building to a dwelling-house contiguous and belonging or appertaining; and that the half acre of land so to be ap

pointed by such county court, for a place whereon to bu ld a rolling-house, be not, at the time of such appointment, the garden, orchard, or court-yard to any dwelling-house belonging or appertaining.

Owner not to

VII. Provided also, That the proprietor of such half acre appointed for building a rolling-house, having no keep stock, land adjacent, shall keep no hogs, nor other stock, upon the said half acre, but what shall be constantly kept within a sufficient fence upon the said half acre, on penalty of paying five shillings, current money, for every head of horses, mares, neat cattle, sheep, goats, hogs, shoats, or pigs, that shall at any time be found at large upon any of the adjacent lands; to be paid to the owner of such land, and cognizable by a justice of the peace of the county where the trespass shall be committed.

VIII. And be it also further enacted, by the authority Rates of stor aforesaid, That there shall be paid and satisfied to the age: owner or owners of such rolling house, by the owner or owners of such tobacco, or other goods, or merchandizes, which shall be lodged and kept therein for storage for the same, the rates and prices following, viz. For every cask containing sixty gallons or upwards, and every bale or parcel of the like or greater bulk, twelve pence for the first day or for the first three months, and six pence for every month afterwards; and for every cask under sixty gallons, and every bale or parcel of a less bulk than a sixty gallon cask, six pence and three pence respectively for every month, as aforesaid; and for all grain not packed in cask, which shall be brought to and lodged in the said rolling-houses, the price of storage shall be after the rate of twelve pence for sixteen bushels, and so proportionably for a lesser or greater quantity, for the first day, or for the first three months, and six pence for every month afterwards: Which several rates and prices shall be paid and satisfied before such tobacco, goods, or merchandizes, so lodged in the said rolling-houses, shall be taken out or moved therefrom.

IX. And be it also further enacted, by the authority Penalty on aforesaid, That if any person, who shall be owner or fusing to rekeeper of such public rolling-house, shall refuse to take ceive tobacin and keep in such rolling house any tobacco, goods, or co or goods, merchandizes, which shall be rolled or brought to such or suffering to be damaghouse; every person so refusing, shall be liable to sa- ed.