TIP# 241 - LAND LAW OF VIRGINIA MODIFIED BY KENTUCKY, PART 2 I am continuing from last week the confusing land laws of Virginia and the necessary modifications made by the new state of Kentucky. It is a miracle our ancestors ever received title to their land! An act passed December 21st, 1973, in force from it passage, I Litt. 216. Preamble. Whereas it is represented to the present general assembly, that the surveyor of Kentucky county, in many instances, did not enter the number of the warrant, in the locations that were made in his office; and whereas many warrants, located as aforesaid, are lost or mislaid, and the surveyors of the several counties in this state refuse to certify that they are lost or mislaid, as they never came to their possession; and it is presumable that the surveyor of Kentucky, being a sworn officer, would not make the locations without receiving the warrants upon which they were founded: Warrants lost or mislaid, how to be certified by surveyor. Sec. 1. Be it therefore enacted by the General Assembly, That the surveyors of the several counties in the commonwealth, shall certify the plats and certificates of survey made on any such entry, with the date of the location, and that the warrant or warrants upon which the same were founded, have not come to his possession; and the register is hereby authorised to receive such plat and certificate, without the number of the warrant or warrants being specified in the same, and issue patents therefor in the usual form, which shall be as good and valid as if the warrant had accompanied the certificate. Survey islands, and issue grants thereon. Sec. 2. When any person or persons have locations on any island in the Ohio, below the mouth of Green river, made on land office treasury or other warrants, such locations shall be surveyed by the surveyor of the continental line, or his deputy, and the plat and certificate of such surveys shall be recorded in his office, in the usual manner; and the register of the land office is hereby authorised to receive such plats and certificates, and issue patents therefor, in the same manner as in other cases. An act passed December 15th, 1795, in force from its passage. 1 Litt. 288. Be it enacted by the General Assembly, That there be allowed until the last day of November, 1797, to the owners of entries, to survey the same; and the further time of two years, from the end of the present session, be given for returning of plats and certificates of survey to the register's office, any law to the contrary not withstanding. An act passed November 29th 1797, in force from its passage, 1 Litt. 696. Section 1. Be it enacted by the General Assembly That the further time of ten months, from the last day of November, 1797, be allowed the owners of entries to survey the same, in any part of this state, which is not set apart by treaties for any tribe of Indians: Provided however, that no forfeiture shall arise to the claimants of entries within the boundary ceded by congress to the Indian tribes, until further provided for by the legislature; and that the further time of two years be given to survey all entries made, either to adjoin the lines to be run between this state and Virginia, or the line adjoining the lands reserved for the officers and soldiers south of Green river, or any entries dependant on such entries, any law to the contrary not withstanding. One year allowed to return plats & certificates. Provision. Sec. 2. That the further time of one year be allowed for returning all plats and certificates of survey to the register's office: Provided, that nothing in this or any other act shall extend to forfeit or make void any entry claimed by infants, femes covert, peersons non compas mentis, or prisoners in captivity; but that all such persons shall have three years after their several disabilities are removed to complete the same. An act passed November 24th, 1798, in force from its passage. 2 Litt. 185. Be it enacted by the General Assembly, That the further time of one year, from and after the end of this present session of assembly, be allowed the owners of plats and certificates of survey to return the same into the register's office; in which time the register of the land office shall receive all plats and certificates of survey, although not returned within the time heretofore limited by law. And such lands shall not be considered forfeited, or liable to forfeiture, on that account. An act passed December 14th, 1799, in force from the 20th of the same month. 2 Litt. 286. Register to issue patents. Sec. 1. When any purchaser of lands, under the revenue laws of this commonwealth, shall return into the register's office, the plat and certificate of survey, accompanied with such evidence of the sale and purchase as is directed by the said laws, it shall be the duty of said register to receive and file the same, and to issue a grant to the purchaser therefor; but, nevertheless, nothing herein contained shall be construed so as to confirm any illegal sale of land, under the revenue laws of this commonwealth. Sec. 2. Be it further enacted That the further time of one year, from and after the end of the present session of the general assembly, be allowed the owners of plats and certificates of survey, made within the time prescribed by law, to return the same to the register's office; in which time the register of the land office shall receive all plats and certificates of survey, although not returned within the time heretofore limited by law; and such land shall not be considered forfeited, or liable to forfeiture, on that account. An act passed November 27th, 1800, in force from its passage. 2 Litt. 374. Be it enacted by the General Assembly, That the further time of one year, from and after the 21st day of December, 1800, be allowed the owners of plats and certificates of surveys, made within the time prescribed by law, to return to the same the register's office; in which time the register of the land-office shall receive all plats and certificates of survey, although not returned within the time heretofore limited by law; and such land shall not be considered forfeited, or liable to forfeiture, on that account. An act passed December 19th, 1801, in force from its passage. 2 Litt. 460. In all cases where surveys are now, or may hereafter be made by any act of this commonwealth, so far as to rectifying mistakes, shall be governed by the act of the Virginia legislature, entitled "an act for adjusting and settling the claims to the unappropriated lands under the former and present government, previous to the establishment of the commonwealth's land office. An act passed December 17th, 1803, in force from its passage, 3 Litt. 118. The further time of twelve calendar months from and after the end of the present session of the general assembly, shall be allowed to the owners of plats and certificates of survey made before the time for surveying entries expired, to return the same to the registers office; in which time the register of the land-office shall receive all plats and certificates of survey, although not returned within the time limited by law; and such lands shall not be considered forfeited or liable to forfeiture on that account, any law to the contrary not withstanding: Provided, that nothing in this act contained shall extend to lands granted to settlers by this commonwealth. An act passed November 24th 1804, in force from its passage, 3 Lit. 168. The further time of two years shall be allowed the owners of plats and certificates of surveys, made before the time for surveying entries expired, to return the same into the register's office; in which time the register of the land office shall receive all such plats and certificates of survey, although not returned in the time limited by law, and such lands shall not be considered forfeited, or liable to forfeiture on that account, any law to the contrary notwithstanding. An act passed November 22d, 1806, in force from its passage. 3 Litt. 880. The further time of two years from and after the end of this present session of assembly, be allowed the owners of plats and certificates of survey, to return the same into the register's office, in which time, the register of the land office shall receive all plats and certificates of survey, although not returned within the time limited by law, and such land shall not be considered forfeited or liable to forfeiture on that account. An act passed in February 24th 1808, in force from its passage. 3 Litt. 525. The further time of two years from and after the first day of March next, shall be allowed to all owners of plats and certificates of survey, to return the same into the register's office: Provided that said plats and certificates of survey shall be made within the time limited by law. To be continued next week with limitations to actions against actual settlers. (c) Copyright 20 April 1999, Sandra K. Gorin, All Rights Reserved, sgorin@glasgow-ky.com Col. Sandi Gorin 205 Clements,Glasgow, KY 42141 (502) 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/