Preamble. gainst heirs whose names are kuown. CHAP. CCXLVII. AN ACT to amend the severnl acts, respecting proceedings in Chancery and at Law. APPROVED, February 6, 1815. WHEREAS doubts exist, whether a suit in chancery can be maintained against absent heirs, whose names are unknown, except where the object of such suit is to obtain a division of lands: Therefore, SEC. 1. Be it enacted by the General Assembly of Suits in chancery the Commonwealth of Kentucky, That all suits in may be brought a chancery, which may be brought against the heirs un- of any decedent, where the names of such heirs are known, may be brought against such heirs, where the names are unknown to the complainant: Provided, however, that such complainant, before the emanation of any process, or making any order against such heirs, do file in the clerk's office, with his or her bill, an affidavit, stating that he or she does not know the names of such heirs. Proviso. Proceedings vs! heirs unknown. revive. Proviso, SEC. 2. And be it further enacted, That in all cases where the names of some of the heirs are known to the complainant, and some are unknown; and in all cases where the complainant shall know the names of some of the heirs, and shall not know whether there are others or not, it shall be lawful for him or her to proceed by subpoena against those who are known; and by advertisement against those who are unknown, in the same manner he or she might, if the names of all were unknown. SEC. 3. Be it further enacted, That when any Devisees may suit in law or equity be pending, and either party thereto shall depart this life, it shall and may be lawful for the devisee or devisees of any testator to revive the suit: Provided, the cause of action aca crues by the will of the decedant, to said devisee or devisees, and said devisee or devisees could support such action is brought anew; or should such How revived vs. testator have been a defendant, to have the said suit revived, against such devisee or devisecs, in the same manner as any such suit may be revived by or against the heir at law of any decedant. devisee. Special pleas instruments, affidavit. to SEC. 4. Be it further enacted, That when any impeaching the defendant or defendants, in any action founded on consideration of any specialty or note in writing, shall, by special be supported by plea, impeach or go into the consideration of any such instrument, under the act of assembly, entitled "An act to amend an act, entitled "An act to reduce into one the several acts, for preventing vexatious suits, and regulating proceedings in civil cases," approved the eighteenth day of December, in the year one thousand eight hundred and one, he shall support such plea by affidavit, stating therein, that the facts therein contained, are true, as far as detailed as such, from his own knowledge; and that he believes them to be so, as far as detailed as such, from the information of others: Provided, however, that nothing herein contained shall be so construed as to throw the burden of proof on the plaintiff or plaintiffs. Proviso, CHAP. CCXLVIII. AN ACT authorizing certain advertisements to be published in the News-paper, entitled "The Impartial Observer," printed at Harrodsburg. APPROVED, February 6, 1815. SEC. 1. BE it enacted by the General Assembly of the Commonwealth of Kentucky, That orders of court, advertisements and notices, may be published in the news-paper; entitled "Impartial Observer," published in the town of Harrodsburg: and the editor thereof may receive the fees established by law for such services: And all publications shall be as valid, as if the same had been published in any other authorized paper: Provided, that nothing in this act shall authorize the insertion of any order or advertisements, required to be printed in the paper of the public printer. W Land may be ta dollars per hundred acres. The manner to be pursued, CHAP. CCXLIX. AN ACT for appropriating the Vacant Lands in this APPROVED, February 6, 1815. WHEREAS there are large quantities of waste and unappropriated lands in this Commonwealth, the granting of which will promote population, increase the annual revenue and erect a fund for public use: SEC. 1. Be it therefore enacted by the General Asken up at twenty sembly of the Commonwealth of Kentucky, That from and after the last day of February, 1815, any person except aliens may acquire title to so much waste and unappropriated lands as he or she shall desire to purchase, on paying the consideration of twenty dollars for every hundred acres, and so in proportion for a greater or smaller quantity, in manner following: The consideration money shall be paid to the treasurer of this Commonwealth, who shall thereupon give to the purchaser a receipt, specifying the purpose for which it was paid; which being delivered to the Auditor of public accounts, he shall give to such person a certificate, stating the quantity of land he or she is thereby entitled to: upon lodging such certificate with the Register of the Land Office, he shall grant to such person a printed warrant under his hand and seal of office, specifying the quantity of land, and authorising the county surveyor of any county within this commonwealth, by himself or deputy, to survey and lay off the same; which warrant shall be valid until executed by actual survey, or exchanged as hereinafter directed. Application for surveys; to whom made. SEC. 2. Be it further enacted, That all applications for surveys to be made under the provisions of this act, shall be made at the office of the county surveyor of the county in which the land proposed to be surveyed, or part of it, may lie. And it shall be respecting appli- the duty of the said surveyor to enter in a book to be kept by him, the date of the application when made, with the number of the warrant and the number of acres expressed in it, and the name of the Duty of surveyor cations. person or persons for whom the application is made; and if more than one application is made on the same day, he shall enter the application in his book as they are made: and it shall be the duty of the surveyor and his deputies, when they proceed to make the surveys so applied for, to pay the strictest attention to the seniority of application, surveying those first which were first applied for: and it shall be the duty of any county surveyor to whom application may be made, to make surveys under the provisions of this act, to give to the persons making such application, a certified copy of the entry made in his book, of such application, if requested so to do: and the surveyor may demand and receive Surveyor's fee for entering applica from the person making application, twelve and a te half cents for making the entry in his book of such application, and giving a certified copy of such entry when required; and where a survey is wanted to be made under the provisions of this act, of land, which survey, when made, may include land in two several counties, the surveyor of either of the counties may make the survey; and if it shall happen that the surveyors of two counties meet at the same time for the purpose of surveying the same land, the surveyor to whom the first application has been made, shall make the survey; which applications shall be all numbered as they are made: Provided, however, Proviso respectThat the county surveyor shall not receive any ap- ing applications plication to make a survey or surveys under the proVisions of this act, other than the application of actual settlers, before the first day of January, 1816. SEC. 3. The Register shall enter in a well bound book, to be provided for that purpose, the number, Register's duty. date, proprietor and quantity of acres of every warrant; in which book a column for remarks shall be : left and the Register, whenever a warrant is carried into grant or exchanged, shall enter the same therein, with a reference to the book and page where the same may be found. SEC. 4. The proprietor of any such warrant, upon lodging the same with the surveyor of any county in this commonwealth, shall be entitled to have one or more surveys executed thereon, (not exceeding in the whole the quatity of acres specified in such war Regulations where land to be surveyed lies in two counties. of actual settlers. Not less than 150 rant) upon any waste or unappropriated lands, which he or she, or their attorney or agent may point out or shew for that purpose; which survey or surveys acres, except ad- shall not be less than 150 acres, unless the same joined by prior claims. shall be adjoined all round by the lines of prior existing claims and in that case the surveyor shall state in the certificate of survey, the name of all the to receive such persons whose lines the same may bind on-and in that case the Register is hereby directed to receive and register such survey so certified, for a less quantity than 150 acres. Surveyor to cer tify, and register surveys. Surveyor to pro sal or neglect. SEC. 5. Every surveyor shall, by himself or dereed to survey, &puty, upon application being made to him as above penalty for refu mentioned, proceed immediately to make survey or surveys upon such warrant; and should any surveyo. negleet or refuse so to do, he shall forfeit and pay to the proprietor of such warrant, one hundred dollars for each hundred acres of land mentioned therein and at the same rate for a greater or smaller quantity, to be recovered of him by action of debt, at the suit of the party injured: Provided, Proviso respect however, That if at the time such application is made, being engaged in the surveyor is engaged in those duties of his office which will not admit of being postponed, without injury to the persons concerned, his finishing such business and proceeding immediately thereafter to make a survey or surveys, by himself or deputy, as required, shall exonerate him from the penalties aforesaid. ing the surveyor's his office. Regulations re or's duty on that subjest SEC. 6. Every survey made under warrants obspecting bounda- tained by virtue of this law, shall be bounded plainry and survey- ly by marked trees, stones, if to be had, or stakes, except where a water-course or ancient marked line shall be the boundary; they shall be made in the presence of two housekeepers resident in the county in which the survey may be made, and who are in no respect interested in such survey: and the surveyor shall, upon finishing the survey, and before leaving the ground surveyed, specify in his field notes for whom the survey was made, the number of the warrant, and have the same attested by the said house-keepers; which field notes shall be carefully preserved, be subject to inspection, and to have copies taken therefrom, in the same manner |