To George Hay
Monticello July 16. 12.
This Postscript to my letter of the 13th is occasioned by my discovering, on turning to Pleasant’s Collection of acts, vol. 2. for another purpose, that an act of assembly of Dec. 13. 1796. made void all entries unless surveyed before Nov. 1. 1798. see page (29) chap. 41. there are subsequent acts in favor of locations under land-warrants, but I do not find in that collection, any subsequent law protecting entries of the old form. if this be the case, Scott’s entry of 1789. is made void. you will decide whether it be so? and if it be, whether it must be pleaded, or will be noticed by the court without pleading. there is a great deal of matter, good & bad, on this subject1 in Hall’s Amer. Law Journal Series 2d No 1. in the case of Vincent v Conrad, first case in the book, from Tenessee. I renew my friendly salutations & assurances
PoC (ViU: TJP); at foot of text: “Mr Hay”; endorsed by TJ.
The collection of acts printed by Samuel Pleasants excerpted an act of assembly of dec. 13. 1796, including the proviso that “all entries made either on the eastern or western waters, shall become absolutely null and void, unless the same be surveyed within two years, to be computed from the first day of November last” (A Collection of all such Acts of the General Assembly of Virginia, of a public and permanent nature, as are now in force [Richmond, 1803–12], 2:129; Sowerby, description begins E. Millicent Sowerby, comp., Catalogue of the Library of Thomas Jefferson, 1952–59, 5 vols. description ends no. 1868; see also Acts of Assembly description begins Acts of the General Assembly of Virginia (cited by session; title varies over time) description ends [1796 sess.], 29, in which this law is chapter 47, not 41).
1. Preceding three words interlined.
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