the purview of this act, fhall, on the operation of this act, be thereby repealed. 46. This act fo far as refpects the purchase of a Commente lot and the erection of the buildings therein menti- ment. oned, fhall commence and be in force from and after the paflage thereof, but the refidue thereof which refpects the change in the mode of punishment fhall be fufpended until the governor by his proclamati on fhall declare the faid buildings are erected and in order to admit and treat criminals in conformity to the regulations of this act, at which time the whole of this act fhall be in full force. CHAP. V. An A& for preventing TRESPASSES and declaring what shall be deemed a lawful ENCLOSURE. Approved January 16, 1798.. $ 1. E it enacted by the General Aljembly, That Bif if any horfes, mares, cattle, hogs, fheep, or goats, fhall break into any grounds, being en- what clofed with a strong and found fence, five feet be a lawfu high, and fo clofe, that the beafts, breaking into fence. the fame, could not creep through; or with an hedge, two feet high, upon a ditch three feet deep, and three feet broad, or inflead of fuch hedge, a rail fence of two feet and a half high, the hedge, or fences being fo clofe, that none of the creatures aforefaid can creep through, which fall be count ed a lawful fence. The owners of fuch horfes, Penaly on, mares, cattle, hogs, fheep or goats, or any one of the owners them, fhall for the firit trefpafs, fo committed, of beafts nake reparation, to the party injured, for the true breaking value of the damages he hall fuitain, and for every fures. trefpafs afterwards, double damages, to be reco vered with cofts, in any court of record; provided that for a third offence, for any one of the beasts Where the atorefaid, breaking into fuch enclofures, it thall be red may ne at the election of the party injured, to fue for his clamages or to kill, and deftroy the beafts, fo tref Leafts. palling, without being antwerable for the fame. fuch enclo or destroy : How the 2. And that the condition of the fence at the time of the trefpals committed, may be proved to fence, fhall a jury upon trial; Be it enacted, That upon com- be reviewed plaint made by the party injured, before any jufLice of the peace for that county, wherein foch trefpals hall be, fuch juftice is hereby empowered and. required, to iflge his order without delay, to three honest house keepers of the neighbourhood, no D hurting beafts in grounds not lawfully ways related to the party injured, nor interested concerning the trefpafs, reciting the complaint, and requiring them to view the fence where the trefpals is complained of, and to take memorandums of the fame, and their teftimony in fuch cafe, fhall be good evidence to the jury as touching the lawfulness of the fence. 3. If any perfon damnified for want of fuch Penalty for fufficient fence, fhall hurt, wound, lame, kill, or deftroy; or caufe to be hurt, wounded, lamed, killed or destroyed, by fhooting hunting with dogs, or otherwife, any of the kind or breed of hories, cattle, sheep, goats, or hogs, he, the or they, so of fending, fhall pay and fatisfy to the owner of the creatures fo hart, wounded, lamed, killed, or detroyed, double damages with coits, recoverable as aforefaid. or other yeliels. 4. Every perfon, who, without leave of the Penalty for Owner, fhall take away any boat or other veffel, fhalk taking boats for every fuch offence, pay feven dollars to the owner thereof, over and above the damage, fuch boat or velel fhall fuftain, and over and above the charge in bringing back fuch boat or other vefiel, to be recovered with cofts, in like manner as fums of that amount, are recoverable by law; and if the perfon fo trefpaffing fhall be a fervant, he or he fhall make the like fatisfaction, by his or her fervice when the time due to his or her master, or owner fhall be expired; and where there thall be feveral offenders, in one trefpafs, every perfon fhalk be liable for the whole penalty. Preamble. CHAP. VI. An A&t giving further time to the owners of LANDS, to furvey the fame, and for returning PLAITS and CERTIFICATES to the registers office. WHER Approved November 29, 1797. HEREAS, it appears that an act paffed by the affembly of Virginia, in the year of our lord one thousand feven hundred and eighty five, entitled "an act to repeal an act, entitled an act concerning enteries and furveys on the western waters," which has been continued by subsequent acts of the legislature of Virginia and this ftate, may fubject the owners of entries to forfeiture of the fame, if the requifitions of the faid acts should not be complied with, for remedy whereof, 1. Be it enacted by the General Alfembly, That the further time of ten months from the last day of Further November, one thoufand feven hundred and ninety time of te feven, be allowed the owners of entries to furvey months giv the fame, in any part of this ftate, which is not fet en to furvey apart by treaties for any tribe of Indians: Provid. entries. ed however, that no forfeiture fhall arife to the claimants of entries within the boundary ceded by congress to the Indian tribes, until further provid ed for by the legislature; and that the further time of two years be given to furvey all entries made, crue on cer either to adjoin the line to be run between this flate tain lands. and Virginia, or the line adjoining the lands referv ed for the officers and foldiers fouth of Green river, or any entries dependent on fuch entries, any law to the contrary notwithtanding, No fo ure to ac One platts &c. 2. Be it further enacted, That the further time. of one year be allowed for returning all platts and certificates of furvey to the registers office: Pro. allowed to vided that nothing in this or any other act thall ex- return tend to forfeit or make void any entry claimed by infants, feme coverts, perfons non compos mentis or prifoners in captivity, but that all fuch perfons fhall have three years after their feveral difabilities are removed, to compleat the fame. This act thall commence and be in force from and after the paffage thereof. CHAP. VII. An A& declaring when the DEATH OF PERSONS AB Approved January 22, 1798. E it enacted by the General Assembly, That themselves beyond fea, or elfe fea, or elsewhere, for feven years fuccellively, fhall Perfons abbe prefumed to be dead, in any cafe where in his fenting death fhall come in question, unless proof be made that he was alive within that time. But an eftate recovered in any foch cafe, if in a fubfequent acti- where for on or fuit, the perfon prefamed to be dead fhall feven years be proved to be living, fhall be restored to him who prefumed hall have been evicted; and he may moreover de- dead. mand and recover the rents and profits of the eftare, during fuch time as he shall have been deprived abereof, with lawful intereft, CHAP VIN. An A& concerning ESCHEATORS. Approved January 22, 1798. E it enacted by the General Affembly, that B there one efcheater Efthestors ed in every county by the governor, who shall exeto be appointed. cute his office in proper perfon, and not by depu ty, and fhall before the court of the county, be To give bound in the penalty of one thousand pounds, with bond and fe- fecurity to be approved by the fame court, duly turity. to preform the duty of the faid office. When and where they 2 The faid efcheator fhall fit in convenient and open places, and fhail take his inqueft of fit perfons, who thall be returned and empannelled by the fheriff of the county, and thall fuffer every person to give evidence openly in their prefence, to fuch are to take jaquefts, and the faid inquifition fo taken, fhall be their in- by indentures to be made between the faid efcheat. quests. or, and them of the inqueft, whereof the counter part, fealed by the efcheator, fhall remain in the poffeffion of the first perfon that fhall be fworn in the faid jury, and by him fhall be returned to the court of the fame county, there to be recorded; and the other part, fealed by the jurors, fall by the efcheater be sent into the district court within Mode of one month after the inqueft taken, and if it be proceeding found for the commonwealth, and there fhall be aman claims y man that will make claim to the lands, he shall the land. th be heard without delay, on a traverfe to the office, here any Monfrans de droit, or petition of tight, and the faid lands or tenements fhall be committed to him, if he fhew good evidence of his right and title to hold until the right fhall be found, and difcuffed for the commonwealth, or for the party finding fuffici. ent furety to profecute his fuit with effect, and to render and pay the commonwealth the yearly value of the lands, if the right be difcuffed for the commonwealth." 3. No lands nor tenements feized into the Lands feiz- hands of this commonwealth, upon fuch inquest taed by the ken before efcheators, fhall be in any wife granted, common- nor to farm let, to any, if it be not to him or them wealth, not to be let to which claim as is aforefaid, till the fame inquests farm to any and verdicts be fully returned into the district but the per- court, nor within fix months after the fame return, fon claim- but fhall entirely and continually, remain in the ing them. hands of the efcheators, who fhall answer to the Commonwealth the iffues and profits yearly coming of the faid lands and tenements without doing watte or dearumjon.de 4. If no perfon within the fix months beforeWhere and mentioned, make claim to the lands or tenements How they fo feized, or claim being fo made, it it be found and difcuffed for the commonwealth, the clerk of the or being district court fhall within one month thereafter; all be fold, not claim gertify to the efcheator of the county wherein the claimed, the lands lie, that no claim hath been made or that right be being made, it hath been difcuffed for the common- found in the wealth; which efcheator fhall thereupon proceed common to make fale of the lands, for the benefit of the wealth. commonwealth, to him who will give the most after one months public notice, of the time and place of doing the fame, and fhall certify the purchafer and price to the regiffer of the land office, who on receiving a certificate that fuch price, hath been paid into the treafury, fhall have a grant itined to the purchafer, in fuch manner as is by law directed in the cafe of unappropriated lands. their terms in the inqu fition. 5. Where any perton holds lands or tenements for term of years, or hath any rent, common office Saving to fee, or other profit, apprender of any eftate of free- perfons hoid, or for years or otherwife, out of fuch lands or for years, tenements, which thall not be found in fuch office or &c. wheth inquifition, fach perfon fhall hold and enjoy his er they be, Jeate, interest, rent, common office fee, and profit or not found apprender in manner, as if no fuch office or inquiition had been found; or if fuch leafe, interest, rent common office, or profit apprender, had been Found in fuch inquifition: alfo if one perfon or more, be found heir, by office or inquifition, in one county, and another perfon be found heir to the traverse &c fame perfon, in another county; or if any perfon may be had be untruly found lunatic, ideot, or dead, the per- an in fon grieved by fuch office, or inquifition, may have quifition his traverse or monftrans de droit, to the fame, without being driven to any petition of right, and proceed to trial therein, and have like remedy and reftitutiou upon his title, found or judged for him therein, as in other cafes of traverfe upon untrue inquifition found. CHAP. IX. An A&t allowing a BILL of EXCEPTION to be fealed. to Where a When ex ception, is alledged, it fhall be al lowed. Tobe writ ten. And figned. |