Nevill Minor Abstracts 186970 JPEG

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Tail (Act 1776) and the general law (1819) com— mitting to courts of Chan— cery the power to direct the law of Estates of infants & persons now compos. VC Ch 128. S 1 to 12 And the present constitution dis— courages if it does not inhibit such legislation VA Const at V.C. 32. 2f Precaution used in enacting private acts to prevent [abuse] 21 Bl Com 345. 1 Do 181 — 2. wh: con: 1g Reference in Eng— land to [assizes] in Va to a committee of either house 2g Consent of parties in being & capable to give assent 3g Equivalent provided for persons not sui juris 4g General Swing of Rights of all persons not con— senting 5g Relief if act pro— cured by fraud &c In court of Equity 2e Commonwealths (or Kings) Courts wh: con: 1f The general principles of such Grants 2 Bl. Com: 346. wh: con. 1g That no freehold ever pass to or from Common— wealth{without} save by matter of Record

30 2g Trust be founded (in Virginia) only on general or special act of the legislature 2f Construction of such parties wh: con. 1g They are taken most beneficiary for the commonwealth unless founded on valuable consideration 2g Include no incidents only what is expressed 3g In case of mistake false suggestion in— formality or illegality the grant is void 3f Mode of proceeding to obtain such grants wh: con: 1g Mode of proceeding in England 2 Bl Com. 347 &c 2g Mode of proceeding in Virginia The only ordinary subject of Grant with us is [..sted] and unappropriated lands 2 Lom Dig 378 &c wh: con. 1h Steps to obtain grant wherein of 1i Warranty wh: of 1k Payment to Treasurer of Commonwlth $1 per acre Acts 1865 6 page 200 Ch 89. S. 1 2k Deliver Treasurer's Record to Auditor & get his certificate V.C. 41 S. 1

31 3k Deliver auditors certificate to Register of land office who issues Warranty V.C. Ch. 112. s. 4 2i Entry or Location of lands. In Book of county surveyor by designated limits VC. Ch 112. S 6. 3i Survey By county surveyor returned to Registry of land officer V.C. Ch. 112. S. 17 &c 4i Grant or Patent Sealed with seal of Commonwealth signed by Governor and counter signed by Register of Land officer V.C. Ch 112. S. 52 &c 2h Mode of Repealing Grant or patent for fraud, illegality &c. Bill in Equity or Note of scire facias V.C. Ch. 117 S 64 &c 3h Contracts To prevent the issuing of a grant or patent by the Register of the land officer in consequence of Title of Commonwealth being disputed V.C. 112. S 24 &c 3l Fines wh: con 1f The nature of fines An amicable composition of a factitious suit intended to operate as a conveyance by a solemn recognition by Matter of Record of the title of the proposed vendor

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2f Proceedings in fines wh: consider 1g Praecipe The writ whereby the pretended suit is commenced. 2g The Licentia Con— cionandi. Leave of the Court to to agree or compromise the suit. 3g The Concord or Agreements thereof [Drawing of hand pointing to text] If the cognizor (the intended vendor) be a married to a man she is Examined by the judges privately and apart from her husband whether the act is done willing ly &c 4g Note of fine Bring the abstract of the suit enrolled (entered on the Parch— ment Roll of Record) and Proclaimed 5g Foot of fine or con— cession summary of the whole matter 3f The several sorts of fines 4f The purposes for which fines are employed 5f Force and effect of fines wh: con 1g Force and effect of fines at common law Owing to supposed suit and judgement therein & in case of a married woman

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to the privy examination also 2g Force in a effect of fines by summary Statutes in England 4e Common Recoveries Wh: con. 1f Origin & Nature of common Records Invented by the Ecclesiastices (after Stat 15 Richard II) to evade the Stats of mortmain by a Recovery of the lands in a pretended suit and afterwards intended to cut off and bar (i.e. to convey) estate Tail 2 Bl Com 357 &c 2f Proceedings in Common Recoveries 1g Praecipe quad reddat The writ to commence pretended suit 2g Appearance of Tenant {with} and voucher (Vacatio) of pretended vendor to make good his warranty {the Land} of title 3g Appearance of vouchee. He appears in pursuance of the Voucher and undertakes to defend the title 4g (...) to (...) (Plaintiff) to impart (confer) with Vouchee and Vouchers default Thus the writ is left undefended