Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-03-20

br lei ME III law or equity Nlthuus at'
tudi notice of an adverse ti'lc, shall 10
exempt from all suits Tor reu;s or pf1h
prior ioac'sal n"i4c. ofsue hadve,s. title.
II also provides that COMMISSION r
shall br app ,n;,d ~ The cont pronoun-
r;ng the Iudgm- OF eviction. 80 ASSESS
'lte valut Of all lasting anh valuable ian
provo,ncuis matie on ,hc ieui prior Ia
such notice, aud they are IL return the
assessment thr-cof after subtfaciin. ali
damages To the land bv waste. 81. 10
The court: and judgmcn, is To be enter
cal Tor the assessment, ia favor ct The
pers III evirted, n The balance na for hitn.
against !he successful party, upon Winch
Judgment execution shall immediiirlS
,4suc. unless such party shall give bond
tlr !he pay meat III the same, wiki: f,te
prr ceni. in,.re>t in twelve month from
;he ia:e thereof; aud ii ihc balance he
III favor OF The successful party, like
lnigmeni aui proceeding, are 10 be bad
~ his iayor. The act turih-r pravid,s
TIA, The commissioners shall also es,i,
male :sc value of The lands exclusive of
ltc ,G,pr@ven eni ani il the value OF
Tie improve shall exceed the va
lac of The lands, the Successful claimant
Jnay transfer his title to The other pari>,
and have iudgmrnt In his !aynr against
snch party for such estimated value OF
the = IDS. There are other provisions
net material 10 BE- stated.
The act Of 3iSi January, 1912, pro-
vjdes that il any psrSon have seated or
improved, or shall thereafter seat or ina
prove any lands, supposiug thea 10 be
his own by reason OF Il claim III law or
equity, the foundation ot such cIIim be
ing nj public record, bu, which lands
shall b. proved 10 beieng To another
improving shall he paid by iAp right own
er 10 such scatter or inprovcr, or his as
signee or occupant so claiming. |: The
right owner ia mel willing 10 di,bur>p so
much, an estimate is 10 be made Of The
vaae ~ the lands exciuSivr oj The sea,
ing and improve munis, aud also OF the
value of such seating and improvements.
II The value of The srailng and imprOv~
lug exceeds three ioutIhs nt the value
oi the LANDS II uumprovci. then the va
.ua'iou oi the ianI is 20 be paul by he
sealer ~ impvover If n, exc. eding
three tourihs, then III" valuation OF ihe
seating and improving is 10 Ia pad bs
thr right owner ot The land. The act lar
thcf provides ihai no aetiaA shall be
maintained tor rents or pfolts agaInsi
The accupi-r for any lime elapsed before
the judgment OF lecrce.iu tht sni.. TAp
u
com missioner5 to make the valuations;
ana tor the giving al bonds, &c Tor the
amouH' Ut the vdlGAll"ns, by the party
who Is to paw The SAME: aud III detaul'
thereof provides that judgement shall b'
gwen az iinst tie party tor the amount,
ar u the i!shl owner fails 10 give bond.
a.. Tie Other party may al his election
give Dond. &c. "a All take lir iaud --.ud
shc aci ihen proceedsio declare that The
occupant shall MOI be evlcted ar dispo-
sesard hy wr;i 81 poss .siun uuui tn.
report 81 the commissioners is made,
dn'I "a g'ncn' rendered, or bonds exc
cuteu III pursuance III thr act.
FROM ihS summary OF The principal
PROVISIONS OF thr atis Of 1907 anj 1912,
II Is apparent ihat they materially impai
t6c rIsin5 ani interests OF the rIght,ul
owner III The iaud ,tseli. they are paris
OF sys,eci, Ihe Object al which is TO
compel The rig1tIul owner to reiiuulish
ilis lanils, or pay Tor all lasting improve
mems naje ap0m them without his CON
seat or deiau!', aad m nIany cases those
improvements may greatly exceed the
original cost and value NJ the land in his
handa. No judgment can be executed,
an1 no POSSESSION obtained for the lands
ua!es9 MP ~ The terms %! cOmpi, Ing wijh
Tic acquisitions OF The acts They iherc-
fore IN eife create "a direct anal perina.
neal Hen upon The lands for the ya.ne at
al it-iing improvements made upOu;lIem
without Tie payment 81 which ,hc . ssrs-
sion and eujnymcni Of The lands cannot
be acquires. IL rrqnlres no reasoning 30
shew ihal such laws necessarily diminish
the beneficial interest OF Tie gimiitfni ouus.
er ia the lands. Under The laws of Vir-
ginla no such buItJen was imposed on
The owner He had right e. sue for.
recover. and enjoy them, Without any
such deductions or payments.
Inc 7ih article Gf HE compact meant
10 secure all private rights and Interests
derived from the laws OF Virginia. as va
iid and secure under the laws uf keuiuc- |
KS as they were under The iheu existing |
laws of VirgisIs. 10 make hose rishts |
ana Interests so valid and secure. il 10 rs- |
sen'ial 10 preserve the beneficial proprie- |
iaFy IniVrest OF lie rigtiiui owner ma the
same state ~ which HEY were by Tie |
lass Of Virginia al the time Of the srpa |
ration
II The legislature of Kentucky had de,
ciared BIS Ia" that 40 person should rr~
rover lands IN this predicament, unless
upon payment by the owner 0I ii mOiety
'r OF ihr whole of their vaup, it would
DC obvious that tie former rights and in
0resis OF the owner would be complete
y eSl'Dgulshed. pro tahto. Ifi has tar
licr provided that he should be compeI
81 10 sell The same 1T one halt or one
ilrh 81 their Valne, or compelled to sell
Fiiiihul Its 0wn consent, AT u DYiee 10 be
i.td by others, II would hardly be doubt
~ thai sacii Laws vere violation OF inr
These caSrs nay seem, strong
lhl hey dIef, not ~ lhe natnrc. but i'm
hP dcgroe only at the wrong inli cled on
le IunoCrut owner H. j. ~ more bouud
~ ihs laws of Virnit,i4 to 49,. -, -