| OCR Text |
Show COLONIAL LAND SYSTEMS 39 prove his claim within 5 years, was forever barred from any court action.19 Adverse possession laws and escheat laws providing for forfeiture on failure to seat or improve land within the stipulated time after patent aided somewhat in reducing the amount of undeveloped land held for speculation. But it should be added that the escheat laws were rarely enforced. Virginia anticipated action later taken by the United States in a somewhat different way, when it tried to draw "able fighting men" to the frontier to protect the older settlements. In 1701 it offered each member of organized groups that would establish themselves on the frontier 200 acres, free of quitrents and all other exactions for a period of 20 years, and exemption from military service other than that ordered by the group.20 A number of 10,000-acre grants on the frontier were given in the hope that well-established settlements would be achieved. Between 1642 and 1779, landlookers moving west, establishing themselves on likely land, and later making the survey necessary for patent under their military bounty rights, might still find that others had preceded them in gaining ownership. To protect such actual settlers there developed a preferential or preemption right in favor of the improver of the land. The term "preemption" first appears in Virginia's Land Act 'of 1779, which gave persons who had settled on the western waters before January 1, 1778, and had "built any house or hut, or made other improvements thereon," the right to as much as 1,000 acres including their improvements. Persons settling on land after January 1, 1778, could enter or preempt up to 400 acres. In each case 10 shillings was to be paid for every 100 acres, but credit of 12 months was given. Notice of the preemption claim 19Hening, Statutes, I, 331, 451. The law was re-enacted in 1657-58. » Hening, Statutes, III, 204 ff; Harris, Origins of the Land Tenure System, p. 261. protected the settler who had 10 months in which to file his final entry.21 In Federal land policy, preemption was subsequently to have a long history. While showing their concern for safeguarding squatters' rights and allowing generous grants for a small fee, the members of the Virginia Legislature were also mindful of the need for maintaining good relations with the Indians. Accordingly, in 1779 they banned all settlement north of the Ohio River and authorized the use of military force to eject intruders.22 The United States was to follow this policy also, though neither Virginia nor the United States found effective ways of enforcing it. Land Policies in Colonial North Carolina Other southern Colonies followed in general the policies of Virginia. In North Carolina eight persons, as proprietors, were given a region within prescribed boundaries extending from the Atlantic to the "South Sea on the West Parte." The proprietors were motivated by the desire both to develop the land and to draw large revenues from it. They granted headrights, usually of 50 acres, for bringing in either white or black people over 16 years of age. When servants became free they were to be given small grants, 50 acres for men and 30 acres for women. Freemen coming to North Carolina were given 100 acres. Land was offered at £10 per 1,000 acres, with a yearly quitrent of 5 shillings; in 1696 the price was raised to £20. For land 200 miles or more from the coast, the price was somewhat lower. The governor and members of the council made the grants, exacted substantial fees for their services, and became major beneficiaries of the land system. To prevent an undue concentration of land in the hands of a few owners, grantees were required to improve their land; but it is likely that natural geographic conditions 11 Hening, Statutes, X, 40, 179. "Hening, Statutes, X, 161. |
