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    1. TIP #242 - LAND LAWS OF VIRGINIA MODIFIED BY KENTUCKY, PART 3.
    2. Sandi Gorin
    3. I realize this is a long and complicated series, but I promie you, somewhere along the line in your genealogical research, it will help! Sandi TIP #242 - LAND LAWS OF VIRGINIA MODIFIED BY KENTUCKY, PART 3. An Act passed February 9th, 1809, in force three months after its passage. 4 Litt. 55. Limitation to actions against actual settles. SEC. 1. After the first day of January, in the year one thousand eight hundred and sixteen, no action at law, bill to equity, or other process shall be commenced or sued out by a person or persons claiming land under or by an adverse interfering entry, survey or patent, whereby to recover the possession from any person or persons, who shall have actually settled thereon, before the passage of this act; and to which he or she so settled at the time of such settlement, had a connected title in law or equity, deducible of record from the commonwealth, and where the settler shall have acquired such title or claim after the time of the settlement made, the limitation shall begin to run only from the time of acquiring such title or claim. Limitation to actions against those who may hereafter settle. Sec 2. No action at law, bill in equity, or other process, shall be commenced or sued out by any person or persons, claiming under or by an adverse interferring entry, survey or patent, whereby to recover the title or possession of such land from him or her, who shall hereafter settle on land, to which he or she shall, at the time of such settlement made, have a connected title in law or equity, deducible of record from the commonwealth, and where the settler shall have acquired such title or claim after the time of the settlement made, the limitation shall begin to run only from the time of acquiring such title or claim, but within seven years next after such settlement made: Proviso - Provided, and be it further enacted, that where possession acquired as aforesaid, hath been transmitted by sale or other legal act of conveyance, the purchaser or person holding by such conveyance, shall have the same benefit of this act, as he or she from whom the possession was derived, could have had by virtue of such possession. And provided also, that possession as aforesaid of the principal surveyor, in substance as (in this section) aforesaid, shall be obtained and filed with the register. Patents declared void. Sec 4. If any patent shall hereafter be issued contrary to the true intent and meaning of this act, such patent shall be illegal and void, and the lands included therein shall be subject to appropriation as other vacant lands of the commonwealth, and all and every person or persons who shall procure the issuing of such illegal patent, or shall attempt to procure a patent to be issued contrary to the true intent and meaning of this act, shall be guilty of a misdemeanor, for which she or they, may be indicted, and fined and imprisoned at the discretion of a jury. Penalty on the register & surveyor. Sec. 5. If any register of the land office shall violate the provisions of this act, or if any surveyor shall certify untruly and contrary to the true intent and meaning of this act, or shall make any survey of the illegal kind herein before mentioned, it shall be deemed a misdemeanor and malfeasance in office, and shall subject such offending officer to indictment and imprisonment, at the discretion of a jury, not exceeding one year, and to a fine equal to twice the value of the land contained in such illegal survey or patents. Provided, however, that nothing in this act contained shall be construed to make good and lawful, any survey or patent which would not have been valid in law if this act had not been passed. An act passed January 25th, 1811, in force from its passage. 4 Litt. 228. Law for returning plats and certificates received. And two years longer given. Sec. 1. The law authorising the returning of plats and certificates to the register's office, which expired on the first day of March, 1810, be, and the same is hereby revived; and the further time of two years from the said first day of March 1810, be, and is hereby granted, to owners of plats and certificates of surveys, made before the time for surveying entries expired, to return the same to the register's office; in which time, the register of the land office shall be bound to receive all such plats and certificates of survey, whether on treasury warrants, military warrants, or settlement and pre-emption warrants, although not returned within the time limited by the late law; and such lands shall not be considered as forfeited, or liable to forfeiture, on that account, any law to the contrary notwithstanding. Proviso. Provided, that no survey made or to be made, by virtue of a land office treasury warrant, issued from the state of Virginia, prohibited or not liable to be entered within the bounds claimed by the Cherokee Indians, or Tellico lands, or within the bounds claimed by the Chickasaw Indians, or within the bounds reserved and set apart for the offices and soldiers south of Green River, shall be returned to the register's office. Provided, nevertheless, that any survey made by virtue of a legal entry, made prior to the fist day of May, 1792, by virtue of a warrant or warrants, for military service in the revolutionary war with Great Britain, issued to one of the officers or soldiers, in the state or continental line of the Virginia troops, said entry and survey having been made within the said bounds set apart for the officers and soldiers, south of Green river, except the lands south of the Tennessee river, claimed by the Chickasaw Indians, may be returned to the register's office, and patents may issue therefor as heretofore. Patents that may hereafter issue, void in certain cases. Sec. 2. All patents that may hereafter issue by virtue of any land arrant from the state of Virginia, returned to the register's office contrary to the provision of this act, shall be null and void, any thing to the contrary notwithstanding. Certain entries, surveys and grants, void. Sec. 3. All entries, surveys and grants, founded on any of the laws of this commonwealth, which have been entered, surveyed or granted, for lands included within the lines of any survey or grant, surveyed or granted under, or by virtue of any law of Virginia, or any law of this commonwealth for extending the times of surveying the claims derived from the laws of Virginia, shall be void; nor shall any entry, survey or grant, made, surveyed or granted, by virtue of any of the laws of this commonwealth, vest any right or interest in the owner or owners thereof, to the lands included in such entry survey or grant, where such entry, survey or grant, has been made to interfere with any survey made previous to the twenty-ninth day of November, one thousand seven hundred and ninety-eight, although not returned to the register's office within the time prescribed by the laws of this commonwealth, for returning plats and certificates of surveys for claims derived from the laws of Virginia. To be continued. (c) Copyright 27 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/

    04/27/1999 06:53:38