TIP #243 - LAND LAWS OF VIRGINIA MODIFIED BY KENTUCKY - PART 4 I know that this is a complicated series, but one that will help us eventully all the work that went into obtaining land in the early days of Kentucky Statehood! Plats, &c., not returned within the limited time, forfeited. Sec. 4. All plats and certificates of survey not returned to the register's office within the time herein limited, the lands described therein shall be forfeited to the commonwealth, and remain for future disposition of the legislature; Provided, however, that nothing in this act contained shall authorise the register of the land office to receive into his office, any plat and certificate or certificates of survey or surveys, in the preceding section of this act mentioned, unless the person or persons entitled thereto, or his, her or their agent or agents, either before the register (who is hereby authorised to administer the oath or oaths hereby directed to be taken or some justice of the peace, make affidavit that he, she or they verily believes the survey or surveys were made on or before the twenty-ninth day of November, one thousand seven hundred and ninety eight; which affidavit the register shall file with the plat certificate. And to prevent any injury, either to the commonwealth or any individual thereof, in consequence of the passage of this act, it is further enacted, that all grants founded on plats and certificates of survey or surveys, herein allowed to be returned to the register's office, shall be void, if in contravention to the foregoing section; and the facts may be enquired into by any person or persons affected by such grant or grants, any thing in this act to the contrary notwithstanding. Preamble. And whereas the time has expired for returning plats and certificates of surveys of lands derived from the laws of this commonwealth, on --- day of November 1810, and it being thought just that individuals whose surveys have not been returned to the register's office in time, should have a further time to make their returns, and thereby prevent a forfeiture to the commonwealth; Therefore, Five years allowed to return plats and certificates. Sec. 5. Be it further enacted, That a farther time of five years be allowed to the owners of plats and certificates of surveys, for claims derived from the laws of this commonwealth, to return the same; and the register of the land office is hereby directed to receive into his office all such plats and certificates of survey, whether the surveys were made before or since the first day of November, one thousand eight hundred and ten, or not: Provided however, nothing in this act shall authorise the register to receive into his office any plat and certificate of survey for lands granted by the laws of this commonwealth, unless it is expressed in the certificate of survey, the nature of the claim, whether on removed certificate, additional or original claim; and if on a removed certificate, the owner or owners thereof shall make affidavit before the register, or some justice of the peace (which shall be filed by the register with the plat and certificate,) that he verily believes the survey offered to be returned does not interferes with any treasury warrant, military claim, settlement, and the pre-emption claim, nor with an actual settler's claim; but should the person or persons making the affidavit, be himself, herself or themselves, an actual settler on the claim, he, she or they may wish to return his, her or their claim, by first making affidavit as before directed, and in addition thereto, state that he, she or they was actually "settled on the claim about to be returned, previous to the passage of this act." Grants including lands improperly, to be so far void: And should any person or persons obtain a grant or grants for lands, in this act not allowed to be included in such grant or grants, the grant or grants shall be void as to so much as they may improperly include, and shall be so expressed in the grant, and the fact may be enquired into by any person or persons affected by such grant or grants. Two grants shall not issue on one warrant: Nor shall any thing in this act authorise any person or persons to receive two grants for one warrant or warrants, where the whole of such warrant or warrants has been satisfied by any other grant or grants; and all grants issued under the provisions of this act, and contrary to this section, shall be void to all intents and purposes whatever. Survey must have been made with the proper officer, else void: Sec. 6. Nothing in this act shall give a right to any person or persons who may receive their grant or grants for lands under the laws of Virginia, unless the survey or surveys, on which their grant or grants are founded, was made by virtue of an entry made with the proper officer, and within the time allowed by law for making such entry, or entries; and all grants not founded on an entry made within the time allowed by law for making such entry or entries, and surveyed on or before the twenty-ninth day of November, one thousand, seven hundred and ninety-eight, shall be void: Provided, however, nothing in this act shall prejudice the right, title, interest or claim of any infant or infants, femes covert, or of any person or persons of unsound mind, who may derive their right or rights to land, either from the laws of this commonwealth or from Virginia; but they, and every one of them, shall have three years from and after their several disabilities are removed, to perfect their claims; nevertheless, grants may issue to infants on their guardian or guardians complying with the requisitions of this act. An act passed January 31st, 1811, to amend the proceeding act, in force from its passage. 4 Litt. 281. Sec. 1 Nothing in this third section of the before recited act, shall be construed to legalise or give validity to any military or Virginia land office treasury warrant claim, which has been entered, surveyed or patented south of the Green river, or in the tract of country acquired by the treaty of Tellico. Sec. 2. Nothing in this act shall be construed to prevent any persons from returning plats and certificates to the register's office, agreeably to the provisions of the first, second and third sections of the before recited act. An act passed January 27th, 1813, in force from its passage. 5 Litt. 25. Proprietors of certificates permitted to survey. Sec 1. The proprietors of entries made agreeably to law, prior to the 31st day of January 1812, on a removed certificate or certificates, granted by the commissioners or county court, for head right lands, shall be authorised to survey the same, and return a plat and certificate thereof to the register's office; and the register is hereby authorised to receive and register the same. Provided, however, that nothing contained in this act shall be construed so as to authorise the register to receive any plat and certificate of survey, made by virtue of a removed certificate, unless the same be accompanied by the oath required by the fifth section of an act entitled "an act to revive the law allowing longer time for receiving plats and certificates into the register's office, approved the 25th of January 1811. Sec 2. Not protected by occupying claimant law: Should any survey, which is authorised to be received and registered under this act, interfere with a former entry or survey, made under any law of this commonwealth, or the commonwealth of Virginia, the said survey, so far as it interferes with any former entry or survey, made as aforesaid, shall be null and void; nor shall the person or persons claiming under such removed certificate, be entitled to receive any benefit or protection from the law concerning occupying claimants, but shall, to all intents and purposes, be held and considered a trespasser, without a claim of record: Provided also, that nothing herein contained shall authorise the registering of any plat and certificate of survey, made by virtue of any removed certificate on lands which have heretofore been prohibited from appropriation by such certificates. To be concluded next week. (c) Copyright 6 May 1999, Sandra K. Gorin, All Rights Reserved, sgorin@glasgow-ky.com Col. 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