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