Tip #239 - PARTITION OF LAND and TREASURY WARRANT CLAIMS We are continuing our look at early land laws in Kentucky. An act was passed on December 19th 1796 to be effective the following January that dealt with the partitioning of land. It stated that partitioning might be demanded of several parcels of land or real estate to which the parties involved had title and execution. It was to be done by special commissioners that were appointed by the appropriate county court. They could allot to each party part of each parcel. After the writ of partition was returned and an affadavit made by a credible person that due notice of the writ has been given to the tenant(s) to the action; a copy was left with the individual or individuals. If the individual could not be found, the copy could be left with the wife, son or daughter if they were 21 or older and the home. This had to be delivered 20 or more days before the date of the return. If the tenant didn't cause an appearance to be entered at the time by law appointed, or within one month thereafter, the demandant, having filed his declaration, the court could proceed to examine the title and the quantity demanded and was to make a judgment by default for such much as he thought they were entitled to. He then awarded a writ to make partition after eight days notice had been given to the persons mentioned above. It was as binding as if the individuals had appeared. If the tenant within one year after the first judgment, or if the tenant was an infant, a married woman, of unsound mind, or was not in the state of Kentucky, and it was shown an inequity had occurred, the court could award a new order. The "under sheriff" (if the sheriff was not available) with two justices of the peace, then proceeded to execute the judgment in partition; and the high sheriff made the return. The land was valued including improvements. On February 6, 1815 an act was passed covering Treasury Warrant Claims. It stated that any person, except aliens, could acquire title to waste and unappropriated lands for the rate of $20 for every 100 acres. The money was paid to the treasurer of the Commonwealth and they were issued a receipt. This was forwarded to the auditor of public accounts who issued to the individual a certificate. The certificate stated the quantity of land they were entitled to. This was sent to the register of the land office who granted the person a "printed warrant" which had the seal of office embossed on it. This authorized the county surveyor or his deputy to survey and lay off the land. The surveyor of the county had to enter the information in his book, date it (date application was made), the number of the warrant and the number of acres. He also noted the name of the person or persons who had made application - they were entered in the order he had received them - one after another. He was to survey the oldest application first. A certified copy of the entry in the book was given to the applicant if they so requested it, and the charge was 12 1/2 cents for making the entry. The registerer had to enter, in a "well bound book" the number, date, proprietor, quantity of acres. The proprietor of any warrant, after "lodging the same" with the surveyor was entitled to have one or more surveys executed upon the waste or unappropriated lands. They had to be for 150 acres or more unless the land was "enjoined" all around by the lines of prior existing claims. In that case, the surveyor had to state on the survey certificate, the names of all the persons whose lines bound on this survey. The surveyor or his deputy was to immediately start on the survey - a delay or refusal resulted in a fine of $100 for each 100 acres of land. The only exception was if he was involved in another survey. The survey had to be "bounded plainly" by marked trees, stones, if to be had, or stakes except when a water course or ancient marked line was the boundry. The markings had to be before two housekeepers that were resident in the county where the survey was being taken. Before leaving the site, the surveyor had to take field notes including for whom the survey was made, the number of the warrant - this had to be attested to by the housekeepers. The surveyor, within 3 months, made out a record of the fair and true plat of the survey and include the names of the housekeepers, how many acres, the chain carrier's names and the marker's names. Once completed, the plat and certificate of survey, together with the warrant which started the proceeding, had to be "lodged" with the register's office. Only one year was allowed from the making of the survey. They then remained in the same office for six months and at the end of this time, a warrant was issued in the usual form. If the plat and certificate of survey not be returned to the register's office within the time frame set forth, the plat and certificate could still be registered. Any person who was an actual settler on waste and unappropriated land on the 6th day of February last, could obtain a warrant for any number of acres, not less than 50, nor more than 200 including any improvements. Any person who was an actual settler on this type of land on the 1st day of September 1816, could also take benefit of this provision. This was extended with an act of January 5th, 1818 and again on February 14, 1820. (c) Copyright 8 April 1999, Sandra K. Gorin, All Rights Reserved, sgorin@glasgow-ky.com Col. 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