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    1. Re: [HCGS] [WVGREENB] Settlement Rights and Pre-emption Claims
    2. joy Fischer
    3. I found several different stories about the legend of the paint brush flower. There is a Native American legend about a young brave that tried to paint the sunset using his war paints. Frustrated that he could not match the brilliant colors of nature, he asked for guidance from the Great Spirit. The Great Spirit gave him paint brushes laden with the colors he so desired. With these, he painted his masterpiece and left the spent brushes in fields across the landscape, which sprouted into the 'paint brush' flowers. Another legend is about 'Little Gopher', an Indian boy of the Plains tribe. Little Gopher wants to paint great pictures of his hunts and the world around him. He does well but is not satisfied with the results of the evening sky. He has a nocturnal dream vision. The dream directs him to a place where many brushes of vibrant colors await him. Soon his masterpiece is finished. In the morning he discovers that all his paint brushes have taken root, and that is why we have so many varieties of this flower across the land. This story is from a book by Tomie de Paola. Louise, I was intriqued by your question about the paint brush flower, so had to find the answer. I am a painter (mostly landscapes) and gardening is my passion, so you can see why I had to find the answer. Joy Sturm Fischer ________________________________ From: Righman / Ethel Louise <[email protected]> To: [email protected] Sent: Fri, May 7, 2010 8:15:47 AM,, Subject: Re: [HCGS] [WVGREENB] Settlement Rights and Pre-emption Claims I truly enjoyed the letter from this girl as I was looking up indians history of my own area.  and a friend said his daughter found a Indian paintbrush flower  and wanted to know if we knew the Legend . no one did so the flower book say they the indian used this flower colors for to mark different sites and make pictures  not sure if this is correct as no book  I been writing all that any one states some fact I want to pass to Dick  one of these days  if I ever get it all down to pat.  do any one know of the legend of this plant or heard of it.  just send a few notes to the web site please  Louise Righman ---------- Original Message ---------------------------------- From: [email protected] Reply-To: [email protected] Date:  Thu, 6 May 2010 16:29:41 EDT >It is amazing to me that they started recording property rights in 1780 as  >of 1778 while we were still fighting the Revolutionary War.  Talk about  >positive thinking!  Great ancestors! > >Linda > > >In a message dated 5/6/2010 3:25:15 P.M. Eastern Daylight Time,  >[email protected] writes: > >Sara, > >My understanding of tomahawk rights was that the person  marked trees at >the corners of the property that they were claiming.  I can see where >one person marked out their corners and with 400 acres the  next person >marking their corners would fail to see the trees marked with  the >tomahawk and end up marking a tree that was insie the previous persons  >marks. or boundaries. > >Les Shockey > >[email protected]  wrote: >> To everyone who so kindly responded to my inquiry regarding  settlement >rights and pre-emption land claims, thank you for responding. I too  went on >a search on the internet and was able to answer part of my question  when I >found a complete set of Hening's Laws of Virginia on line  >http://vagenweb.org/hening/ >> >> >> In case anyone else is  wondering about the actual law governing land >settlement on the Virginia  frontier just before and just after the >Revolutionary War, here are some  excerpts from the law defining who was qualified for >settlement rights and  pre-emptive land claims. I left out information >regarding soldiers bounty  lands but that was in the same law. It is a little >cumbersome to read due to  legislative jargon but you'll get the gist of it. My >comments are in brackets.  >> >> >> >> The Statutes at Large, Being a Collection  of All the Laws of Virginia, >Volume X, Edited by William Waller Hening,  (Richmond: 1822), pp 35-41 >> http://vagenweb.org/hening/vol10-02.htm l  >> >> >> In summary, those who actually settled land on the  frontier were allowed >to keep up to 400 acres without payment for the land.  And they were >allowed to buy another 1000 acres adjacent to their property at  the going price >if they wanted to [pre-emption meaning the right of first  purchase.] With >the passage of this law in 1779, land offices were set up  which included a >board of commissioners. Settlers brought in their claims for  the land they >had settled and improved and the commissioners granted them  legal title to >the land. >> >> >> Unfortunately I could not  find a "legal" definition for tomahawk, cabin, >or corn rights which I take to  mean squatting on the land, building a >cabin, planting a crop or marking the  boundaries with tomahawk slashes to claim >land without paying for it and  without legal title to it until this law >was passed. >> >>  >> Many of the court cases in Chalkley deal with land disputes between  >settlers claiming the same tract of land by tomahawk right. >> >>  >> Thanks again, >> Sara Patton >> >> >>  >> >> p. 35 >> "CHAP. XII. >> An Act for adjusting and  settling the titles of claimers to unpatented >lands under the present and  former government, previous to the establishment >of the commonwealth's land  office.... >> >> >> pp. 38-39 >> "IV. And whereas  great numbers of people have settled in the country >upon the western waters,  upon waste and unappropriated lands [i.e. land >claimed by govt that had not  already been granted to others], for which they have >been hitherto prevented  from...obtaining legal titles by the king of Great >Britain's proclamations or  instructions..., or by the late change of >government, and the present war  having delayed until now...it is just that those >settling under such  circumstances should have some reasonable allowance >for >> >>  >> >> >> [Settlement right] >> p.39 "the charge and  risk they have incurred, and that the property so >acquired should be secured  to them: Be it therefore enacted, That all >persons who, at any time before the  first day of January, in the year one >thousand seven hundred and seventy  eight, hav e really and bona fide settled >themselves or their families , or at  his, her, or their charge, have settled >others upon any waste or  unappropriated lands on the said western waters, to >which no other person hath  any legal right or claim, shall be allowed for >every family so settled, four  hundred acres of land, or such smaller quantity >as the party chooses, to  include such settlement. and where any such >settler hath had any survey made  for him or her , under any order of the former >government, since the twenty  sixth day of October, in the year one thousand >seven hundred and sixty three,  in consideration of such settlement for >less than four hundred acres of land,  such settler, his or her heirs, may >claim and be allowe >d as much adjoining  waste and unappropriated land, as together with the >land so surveyed will make  up the quantity of four hundred acres[without >payment].... >> >>  >> p.40 [Pre-emption Rights] >> >> "And if any such settlers  shall desire to take up a greater quantity of >land than is herein allowed  them, they shall on payment to the treasurer of >the consideration money,  required from other purchasers, be entitled to >the preemption of any greater  quantity of land adjoining to that allowed them >in consideration of  settlement, not exceeding one thousand acres, and to >which no other person  hath any legal right or claim. And to prevent doubts >concerning settlements,  It is hereby declared, That no family shall be >entitled to the allowance  granted to settlers by this act, unless >[Qualifications for eligibility] they  have made a crop of corn in that country, or >resided there at least one year  since the time of their settlement. All persons >who,... [after 1778] have  actually settled on any waste or unappropriated >lands on the said western  waters, to which no other person hath a just or >legal right or claim, shall be  entitled to the preemption of any quantity of >land, not exceed >ing four  hundred acres , to include such settlement at the state price to >other  purchasers. And all those who, before ... [1778 ] had marked out or >chosen for  themselves, any waste or unappropriated lands, and built any >house or hut, or  made other improvements thereon, shall also be entitled to the >preemption...of  any quantity of land, to include such improvements, not >exceeding one thousand  acres, and to which no other person hath any legal >right or claim; but no  person shall have the right of preemption for more than >one such improvement;  provided they respectively demand and prove their >right to such preemption,  .... >> >> >> p. 41 >> "...All l ocations made by  officers and soldiers upon the lands of >actual settlers, shall be void , but  ...may locate their claims on other waste >and unappropriated lands. To prevent  the locations of those >claiming...preemptions, from interfering with such as  claim under certificates for >settlements, and to g ive due preference to the  latter ....[Settlers rights & >pre-emptive claims take precedence over  military bounty claims.] >> >> >> >> >>  >>  >> ------------------------------- >> To unsubscribe  from the list, please send an email to >[email protected] with the  word 'unsubscribe' without the quotes in the subject >and the body of the  message > > > >------------------------------- >To unsubscribe from  the list, please send an email to >[email protected] with the word  'unsubscribe' without the quotes in the subject and >the body of the  message > > >------------------------------- >To unsubscribe from the list, please send an email to [email protected] with the word 'unsubscribe' without the quotes in the subject and the body of the message > >-- >This message has been scanned for viruses and >dangerous content by MailScanner, and is >believed to be clean. > > ________________________________________________________________ Sent via the WebMail system at mail.westvirginia.net                   ------------------------------- To unsubscribe from the list, please send an email to [email protected] with the word 'unsubscribe' without the quotes in the subject and the body of the message

    05/07/2010 02:18:42