WHEREAS the execution of the eighth act of assembly made the 16th day of Aprill 1691, entituled an act for ports, &c. stands suspended by the first act of assembly made the second day of March 1692-3 entituled an act for suspending the execution of the act for ports, &c. and forasmuch as pursuant to the said act for ports divers tracts of land have been purchased and laid out for ports and towns in the respective places appointed by the said act and vested in trustees many of which have conveyed lots or halfe acres therein to severall persons who have built thereon and have made considerable improvements and severall others haveing accepted lots of halfe acres for which they have no conveyances and by reason of the aforesaid act for suspention they cannot obtaine also some of the trustees being dead and others departed the country, so that the remaining lands cannot be conveyed to such persons as desire to build thereon--For remedy of all which,
Bee it enacted by the Governour, Councell and Burgesses of this present generall assembly and the authority thereof, and it is hereby enacted, That where any county or countyes have purchased, laid out and paid for any lands for ports or townes pursuant to the said acts for ports, &c. or to any other act of assembly and have vested the same in feofees or trustees according to the said act or acts such feofees or trustees so invested are hereby declared to have a good, absolute and indefeasible estate in fee in such lands respectively which have not been disposed of by former trustees in trust and confidence to and for the uses in the said act for posts, &c. mentioned, and for no other use or purpose whatsoever and the said land or lands are hereby confirmed to the said feofees or trustees in fee to such use or uses--any thing in the said suspention or any other law, statute, usage or custome to the contrary in any wise notwithstanding.
And be it further enacted by the authority aforesaid, and it is hereby enacted, That where any county or countyes pursuant to the said act for ports or any other act of assembly have purchased, laid out and paid for fifty acres of land and the same by the death or refusall of the proprietor or other accident hath not been conveyed to trustees according to the said law or laws such land or lands shall be and are hereby confirmed to such feofees or trustees as hereafter by virtue of this act shall be appointed by the county courts to and for the uses aforesaid, in as full and ample manner as if the said land or lands had been really and actually conveyed in law by such proprietor or proprietors to such feofees or trustees in manner as by the said act for ports is expressed.
And be it further enacted by the authority aforesaid, and it is hereby enacted, That if in any county the feofees or trustees already appointed by virtue of the said act for ports be dead or departed out of this country the county courts of such respective county is hereby impowered and required to appoint other feofees or trustees who are hereby invested and confirmed in the fee of all such land or lands not by the former trustees disposed of to the use or uses aforementioned, and to no other use or purpose whatsoever, and all feofees or trustees by virtue of the said act for ports, &c. already made or by virtue of this act hereafter to be made are hereby impowered and required in their respective countyes to convey and make over any lot or lots, halfe acre or half acres of land to such person or persons as shall desire to take up the same according to the said act for ports, and upon the conditions therein specified as if the said act for ports has never been suspended, any thing in the said act for suspention or any other law statute or custome to the contrary notwithstanding.
And be it further enacted by the authority aforesaid, and it is hereby enacted, That if any person or persons have purchased and paid for any lott or lotts, half acre or halfe acres of land in any of the said places of any feofees or trustees pursuant to the said law and have fully complyed with the conditions in the said law mentioned and sett downe, such person and persons are hereby invested with and declared to have a good, absolute and indefeasible estate in fee to such lott or lotts, halfe acre or halfe acres of land, and the same is hereby confirmed to such person and persons and to his and their heirs forever.
Provided alwayes, And be it further enacted by the authority aforesaid, and it is hereby enacted, That if any person or persons have taken up and paid for any lott or lotts, half acre or halfe acres in any land laid out for ports or townes, &c. as aforesaid, and have yet received no conveyance for the same, the respective feofees or trustees already made or by virtue of this law hereafter shall be made are hereby impowered and required to give and make a firm and absolute estate in fee to such person or persons for such lott or lotts, halfe acre or halfe acres, as if the said suspention had never been made.
Provided alwayes, And be it further enacted by the authority aforesaid, and it is hereby enacted, That if any person or persons have taken up and paid for any lott or lotts, halfe acre or halfe acres in any such lands for ports and townes, &c. pursuant to the said law and have laid timbers upon the same or any wayes proceeded in order to comply with the conditions of building upon such lott or lotts, halfe acre or half acres according to the said act for ports, &c. but upon suspention thereof have neglected to proceed to therein, such person or persons are allowed and permitted twelve months time for the same after the publication of this act.
{1} This act was re-enacted almost verbatim, in the 44th chapter, Anno 1705, only two provisoes in this act for vesting lands purchased, pursuant to the act for ports, in the trustees, altho' the same had not been conveyed by the proprietors; and for giving twelve months time to build upon lots, are omitted.