TIP #244 - LAND LAWS OF VIRGINIA MODIFIED BY KENTUCKY - CONCLUSION This will be the conclusion of the series on the above topic and hopefully will be of help to you as you dig deeper into your family history in order to find how they obtained land. As you can tell, it was a confusing, complicated process with many changes along the way! An act passed February 10th, 1816, in force from its passage. 5 Litt. 375. Sec. 1. No plat and certificate of survey, which purports to be made pursuant to, or by virtue of an entry upon a Virginia land office treasury warrant, made since the 19th day of October, 1785, shall be recorded, and carried by the register of the land office into grant, unless the surveyor who shall have made out the same, shall officially certify, at the bottom, or on the back thereof, that the identical objects called for in the said survey, or some of them, are embraced in the said survey; and the proprietor of the said survey shall moreover file an affidavit with the register, at the time he lodges the plat and certificate of survey, that the land called for in the entry, under and in virtue of which the same survey was made, or the greater part thereof, is the identical land embraced within the survey aforesaid. Sec. 2. Both the surveyor and proprietor aforesaid shall be liable, under the existing laws against perjury, to be prosecuted, convicted and punished for that offence, in case the former shall have certified, or the latter sworn falsely in the certificate of affidavit aforesaid; and the office of the former shall moreover be vacated, upon its being ascertained that he did, in an instance, certify falsely; and shall moreover be liable to a fine of five hundred dollars, each, to be recovered by indictment or presentment before any court jurisdiction of the same, one half to the informer, and the other to the commonwealth. Sec. 3. No grant shall be issued upon any plat or certificate, of the description aforesaid, now on the files, or on record in the register's office, until the surveyor who made the survey shall certify upon the same as herein directed, and until the claimant thereof shall file an affidavit as above required, and the claimants are hereby permitted, upon their paying the register the proper fees for the trouble he has been at to withdraw from that office their respective plats and certificates for survey, for the purpose of obtaining the certificate of the surveyor, as above and herein required; and when withdrawn, they shall not again be received by the register, unless they contain, and are accompanied with the certificate and affidavit required by this law. Sec. 4. Upon the trail of any ejectment, in any court of this commonwealth, in which the patent upon which the plaintiff relies, or from which he deduces title, is sued upon a plat and certificate of survey, executed upon an entry made since the 19th day of October, 1785, and returned to the register's office since the last day of September, 1798, no judgment shall be given by the court, for the plaintiff, upon any verdict found for him, unless the jury who returned the verdict, shall also find specially, and return therewith, that the land described in the patents is part of the identical land embraced by the entry, under and by virtue of which the survey was made, and upon which the patent issued. An act passed the same day, and in force from its passage. 5 Litt. 423. Sec. 1. No grant shall issue upon any survey made since the 30th day of September, 1798, on any Virginia land office treasury warrant, or which may hereafter be made on such warrant, until the surveyor shall give the certificate, and the proprietor shall make the affadavit required by the act entitled "an act regulating certain surveys within this commonwealth," approved February the 10th, 1816, nor until all those required by said act required, as to the surveys therein mentioned shall be complied with, as to the surveys herein mentioned. Sec. 2. Surveyors and proprietors shall respectively be subject to the same pains and penalities, for a false certificate, or false oath, relative to surveys in this act mentioned, as are prescribed in the before mentioned act. An act passed February 3d, 1817, in force from its passage. 5 Litt. 514. Sec. 1. So much of the fourth section of the act passed at the last session of the legislature of this state, entitled "an act regulating certain surveys in this commonwealth," shall be general in its operation, and apply to all actions of ejectment, where the lessor of the plaintiff shall claim title by virtue of any patent which shall have issued subsequent to the last day of December, 1810, upon any entry or survey made upon a treasury warrant issued by the State of Virginia, or upon any settlement or pre-emption right; and the court before whom such trail may be had, shall instruct the jury that unless they find that the patent as aforesaid does include the entry on which it is founded, or a part thereof, that they ought to find for the defendant: Provided, however, that nothing in this act shall prevent the plaintiff from recovering so much land as may appear by his entry, to be included in the patent, so adduced in evidence. Sec. 2. This act shall be construed so as to extend to any other kind of rights, except those founded on treasury warrants, and settlement and pre-emption rights; nor to the protection of any person who is not an actual settler, and holds title under a grant which includes said settler. An act passed February 4th, 1819 in force from its passage, Session Acts of 1818, 666. Sec. 1. Where any original plat and certificate of survey, which has been, or hereafter may be made, shall be lost, it shall be lawful for the person or persons in whose name the same was made, or the heirs or legal representatives of such person or persons, to obtain from the surveyor's office, a certified copy of the same from such surveyor, and to make oath, before some justice of the peace, that the said original is lost, and that he or they, as the case may be, have not assigned or transferred the said original plat and certificate, to any person, or persons whatever, and that such affiant is the owner of said land; and upon producing said certified copy, with the said affidavit endorsed thereon, the register of the land office shall receive and register the same, as though it were the original. Sec 2. Where any person or persons may or shall have assigned and transferred to them, any plat and certificate of survey, which may, by accident or otherwise, be lost, upon the person in whose name the same was made, making oath, before some justice of the peace, to whom he assigned the original plat and certificate of survey, and that he had never assigned or caused the same to be assigned or transferred to any other, and such other intermediate assignee, if any, making the like affidavit, and the person or persons claiming to own the same shall also make affidavit that the original is lost, and that he has never transferred or assigned the same, or caused it to be done, to any other person or persons whatever, and that he is the owner thereof; and if it shall appear from such affidavits, endorsed upon a copy of said original, certified from the surveyor's office wherein the said survey was recorded, that the last affidavit is the regular assignee, the register shall receive and register said survey, under the same rules and regulations that he would have received the original. Sec. 3. Any and every person or persons who shall willfully and knowingly make false oath, under the authority of this act, for the purpose of obtaining a patent under its provisions, shall be held and deemed guilty of perjury; and upon conviction thereof, shall suffer the pains and penalties prescribed by law for wilful and corrupt perjury; nor shall any patent obtained under and by virtue of this act, be of any avail in law or equity, when the same may be obtained by any false affidavit, made in pursuance of the provisions herein contained, but the same shall be null and void in law and equity; Provided, however, that nothing in this act contained shall authorize the register to receive and register the copy of any plat and certificate, where by law the original could not be received and registered. Sec. 4. Nothing in this act contained shall extend to the registering of any survey, other than those made under the laws of this state disposing of the vacant lands thereof. Sec. 5. It shall not be lawful for the register of the land office to receive and file in his office, a duplicate quietus from the auditor's office, unless the same shall specify that the whole claim is paid in full. Provided, however, that a duplicate quietas for a less quantity than the whole claim, may be received by the register, where the person about to file the same shall make oath that the original has been lost; which oath the register is hereby authorized to administer. (c) Copyright 18 May 1999, Sandra K. Gorin, All Rights Reserved. sgorin@glasgow-ky.com Col. Sandi Gorin 205 Clements,Glasgow, KY 42141 (270) 651-9114 PUBLISHING: http://members.delphi.com/gorin1/index.html SCKY: http://cgi.rootsweb.com/~genbbs/genbbs.cgi/USA/Ky/BarrenObits TIPS: http://cgi.rootsweb.com/~genbbs/genbbs.cgi/USA/Ky/Tips KYBIOS: http://cgi.rootsweb.com/~genbbs/genbbs.cgi/USA/Ky/Bios ARCHIVES: http://searches.rootsweb.com/cgi-bin/listsearch.pl BARREN CO WEB PAGE: http://ww4.choice.net/~jimphp/barrenco/