to employ thereon, and so continue to work for three years then next coming, in digging of any stone quarry, coal, or other mines, one good able hand for every hundred acres of the said tract; such improvement shall be accounted and taken to be a sufficient seating, planting, and cultivation, within the meaning of this act.

VI. Provided always, That every three acres of land When paten- which shall be cleared, tended, and worked, as aforesaid; and every three acres which shall be cleared and cease to im- drained, as aforesaid, shall be accounted a sufficient

tee may

prove.

lands survey

seating, planting, cultivation, or improvement, to save, forever, from lapsing, fifty acres of land, in any part of the tract contained within the bounds of the same patent; and the patentee, his heirs and assigns, shall at all times thereafter be at liberty to withdraw his stock, or to forbear working in any quarry, or mine, in pròportion to such cultivation and improvements, as shall be made upon the plantable lands, or upon the swamps, sunken grounds, and marshes, which are included in the same patent.

VII. And whereas divers of her Majesty's subjects, Time allow-before her Majesty's pleasure was publicly notified coned to save cerning the granting of lands, were at great charge and ed prior to trouble in taking up and surveying divers tracts of land, 1710, &c. in expectation of grants thereof, upon the conditions of seating and planting, required by the laws and usages of this colony then in force, and must now relinquish their pretensions to the said lands, with the entire loss of all their charges thereon, unless some further time be given for the improving and saving the same, Be it therefore enacted by the authority aforesaid, That for all lands entered for, and surveyed, before the eighth day of December, in the year, one thousand seven hundred and ten, and for which, patents shall hereafter be sued out, there shall be allowed five years after the date of the patent to each patentee, to make such seating, planting, cultivation, or improvement thereon, as are herein before prescribed and set down respectively.

Patentee of

lapsed land, entitled to he has improved. &c.

so much as

VIII. And be it further enacted, That when any land is sued for, as lapsed, there shall be reserved to the patentee such quantity of his tract of land, as he shall prove to have made a cultivation and improvement sufficient to save the same, according to the directions of this act; and that it shall be in the power of the patentee or possessor of such land, to allot the residue of

the land which shall be found to be lapsed, to the person claiming the same, in any part of the tract, in one entire piece.

IX. Provided always, That nothing herein contain- Prior grants, ed, shall be construed, deemed, or taken, to oblige to be affected only by the patentee of any lands heretofore granted, to make the laws any further or other cultivation and improvement there- then in force. on, than was required by the laws or instructions in force, at the time of obtaining the grant thereof.

feited.

X. Provided nevertheless, That every patentee shall Quit-rents be obliged duly to pay the quit-rents for the said lands; to be paid, and that upon failure of payment thereof, for the space or land forof three years, at any time after the date of his said patent, all the estate, right, and title of such patentee shall be determined and utterly void, and the said lands, and every part thereof, shall revert to her Majesty, her heirs and successors, notwithstanding the same shall have been seated, planted, cultivated, and improved, in the manner above expressed.

XI. Provided also, That in all grants hereafter to be made, of lands forfeited, for not complying with the 1710, sec. 21. Chap. 13, condition and limitation in the first grant thereof, the same proceedings shall be had, as in and by one act of assembly, made at a general assembly, begun and held at the capitol, the twenty-fifth day of October, in the ninth year of her Majesty's reign, intituled, An act for settling the titles and bounds of lands, and for preventing unlawful shooting and ranging thereupon, are directed and prescribed.

made.

XII. And be it also enacted, by the authority aforesaid, How, and That when any person, who hath heretofore taken up where proof and patented, or shall hereafter take up and patent any of seating, land, shall have seated, planted, cultivated, or im- &c. may be proved the said land, or any part thereof, according to the directions above in this act prescribed and laid down such patentee may make proof of such seating, planting, cultivation, and improvement, in the general court, or in the court of the county where such land shall lie, and have such proof certified to the secretary's office, and there entred, with the record of the said patent; a copy of which, shall be admitted as good evidence on any trial, to prove the seating and planting of such

land.

XIII. And be it further enacted, That all lands here- Effect of sav after seated, planted, cultivated, or improved, accord- ing lands, acF-Vol. 4.

this act.

cording to ing to the directions, and within the time in this act mentioned, shall not be deemed or taken to be forfeited, for not complying with the condition of cultivating and improving, mentioned in the grant thereof.

act.

XIV. And to the end, her Majesty may be fully inCommenc. formed, how far the several clauses and provisos in this ment of this act contained, are agreeable to her Majesty's roial intentions, before the same be put in execution, Be it enacted, That this act shall commence and be in force from and after the first day of December, which shall be in the year of our Lord, one thousand seven hundred and fourteen, unless her Majesty shall be pleased, in the mean time, to signify her disapprobation or disallance thereof.

CHAP. IV.

(From edit. An Act for registring Births, Christnings, and Bu1733,p. 291.]

I.

rials.

WHEREAS it is judged convenient, that an ex

act and regular account of all persons who shall Preamble. be born, christned, or buried in this colony, should be kept, and an act made at a grand assembly, held at James City, the twenty-third day of March, in the year one thousand six hundred sixty-two, requiring, among other things, registers of births and burials to be kept, hath for a long time been disused, and the method prescribed in the said act, hath not answered the end for which it was intended.

Births to be notified to minister, or

20 days.

11. Be it therefore enacted, by the Lieut. Governor, Council, and Burgesses, of this General Assembly, and it clerk, within is hereby enacted, by the authority of the same, That from and after the twentieth day of April, next after the end of this session of assembly the parents of every child which shall be born free, or one of them, and the master, owner, or overseer, of every child which shall be born a slave, shall, within twenty days after the birth of such child or children, give notice, in writing, of the birth of such child or children, together with the name of the parents of such free-born child, and the name of the owner or master of such child born in slavery; and shall distinguish whether such child or children be male or female, to the minister of the parish where such

1

child or children shall be born; and if there shall be no minister of the said parish, then, and in such case, the notice shall be given, as aforesaid, to the clerk of the said parish, or of the church or chappel nearest to the place where such birth and births shall be: And if any parent of a child born free, or the master, owner, or overseer of any child which shall be born a slave, shall Penalty. neglect or refuse to give such notice, within the time herein before limited for doing thereof, every parent, master, owner, and overseer, so neglecting or refusing, shall forfeit and pay two hundred pounds of tobacco for every offence.

III. And be it also enacted, by the authority aforesaid, Deaths in That from and after the said twentieth day of April, like manner. the master or mistress of every family or house, where any person, being free, shall die, and the master, owner, or overseer of any slave, who shall die, shall, within twenty days after the death of such free person or slave, give notice in writing of the death of such free person, and the christian and surname of such free person, and of the death of such slave, and the name or names such slave was called by, together with the names of the master or owner of such slave, to the minister of the parish, where such free person or slave shall die; or if there shall happen to be no minister of the said parish, then the notice of such death shall be given, as aforesaid, to the clerk of the said parish, or to the clerk of the church or chapel nearest to the place, where such free person or slave shall die. And if any master or mistress of any house or family, where any free person shall die, or the master, owner, or overseer of any slave dying, shall neglect or refuse to give notice of such death, within the time herein before for that purpose limited and appointed, every master and mistress of such house or family, and every master, owner, and overseer of such slave so dying, who shall neglect or refuse to give such notice, shall forfeit and pay two hundred pounds of tobacco for every offence.

Penalty.

nister

IV. And be it further enacted, by the authority afore- To be regis. said, That from and after the said twentieth day of terer by miApril, the minister of every parish within this colony, shall keep a fair and exact register of all the births and deaths of the persons within his parish, of which notice shall have been given to him; according to the directions of this act; as also of all persons which shall be

How registered.

Register to

be certified tosecretary's office.

baptized by him: And the clerk of every parish church or chappel, whereof there shall be no minister, shall keep a fair and exact register of all the births and deaths of the persons within the parish or place whereof he shall be clerk, of which he shall have had notice, in manner as is above directed: In which said register shall be expressed and distinguished, the names of the persons which shall be born free, and of their parents, and the names of the persons which shall be baptized, and the names of the master or owner of the slaves which shall be born, and whether such slave be male or female; and also the names of all persons dying, together with the names of the master or owner of the persons dying in slavery; a fair and true copy of which register, signed by the minister or clerk keeping the same, shall, on the twentieth day of April, and on the twentieth day of October, in every year, by him be returned to the office of the secretary of this dominion: For the keeping and returning of which said register, as above directed, there shall be satisfied and paid to the minister or clerk respectively keeping the same, three pounds of tobacco for every person so registred: The fee for registring of the births and christenings of all free persons, shall be paid by the parent of such child; and the fee for registring the births of all slaves, How paid. shall be paid by the owner of such slave; and the fee for registring the death of all free persons, shall be paid by the person who shall give notice of such death; and How collect- the fee for registring the death of all slaves, shall be paid by the owner of such slaves: All which fees for registring, shall and are hereby declared to be distrainPenalty for able. And if any minister or clerk shall neglect or refailing to fuse to keep or return such register, in manner before keep, or re- in this act appointed, every minister and clerk so return regis- fusing or neglecting to keep or return such register, shall forfeit and pay two hundred pounds of tobacco for every month he shall refuse or neglect to keep or return

Fees.

ed.

ter.

how recov

the same.

V. And be it further enacted, by the authority aforePenalties said, That one moiety of all the forfeitures and penalerable and ties, above by this act inflicted and laid, shall go and appropria be to the use of the parish where the person forfeiting the same shall reside, at the time such forfeiture shall become due; the other moiety to him or them who will inform or sue for the same: Every of which for:

ted.