Consequently in 1692 they designated Miles
Cary as surveyor-general, who was instructed to make the selection of
surveyors with the aid of a committee named by the trustees.
In addition to the fees of the surveyor, there were other charges that
were made from time to time in obtaining a patent in Virginia. Under the
company without a legal guide for the fees to be charged, the secretary
of the colony apparently demanded at times as much as twenty pounds of
tobacco or three pounds sterling when issuing a title for the individual
dividends of fifty or 100 acres. Leaders of the company considered this
fee unreasonable and took steps to prevent its collection.
Following the dissolution of the company, the Assembly set the fees of
the secretary regarding land patents along with other authorized
charges. In 1632 the secretary collected thirty pounds of tobacco for
issuing a patent plus two pounds for each sheet required to record the
document. In 1633 the fee for patents by the secretary was designated as
fifteen shillings which could be collected either in tobacco or corn
according to current price. Ten years later in 1643 the fee for a patent
was again listed in terms of tobacco at fifty pounds with six pounds
allowed for each recorded sheet. In lieu of four pounds of tobacco, the
secretary was authorized to receive money at the rate of twelve pence
for every four pounds of tobacco. At the March session of the
legislature in 1657/58, the secretary's fees were further raised to
eighty pounds of tobacco for issuing and recording a patent; thirty
pounds was set as the fee for supplying a copy of the patent later; and
fifteen pounds of tobacco was authorized for providing a certificate for
land. These same fees of 1657/58 were repeated by law in 1661/62.
The stamp of the seal of the colony was required during much of the
seventeenth century as the final step of approval for a patent, and
during most of the time no fee was charged for this. However, under the
governorship of Lord Howard which began in April, 1684, a charge of 200
pounds of tobacco was ordered for use of the seal for patents as well as
all public documents such as commissions and proclamations. The proceeds
from this fee were used by the Governor and were estimated by William
Fitzhugh to equal 100,000 pounds of tobacco each year. However, such
strong opposition was raised to the charge that it was dropped after
1689.
In addition to controversies over fees
|