Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-04-30


loresaid forfeited, foi want of cultivation and inn
provonent, shall desire iitisatc the claim, Right,
title and interest of said occupant, cultvator aud
inprover, in law or in equity, being prior to his
claim So forfeited, and hall in court, file and eXhi-
bit, by himself or herself his her agent at
torncy, written engagement under hand and seal,
To the occupant occupants before suit commence
cd or before judgment rendered, where suit has al
ready commenced, that he, she or they so being
plainti demandant complainant, lessor of the
plaintiff, as the may be- claiming against such
occupant, cultivator aud iprovcr will abide by and
conform To the provisions contained in the act of
the General Assembly of Kentucky, passed the 31st
day of January 1872 entitled, an to amend
act entitled, an act concerning occupying claimants
of land" and that the assessment therein directed
| may be made either by jury or by commissioners
according as tho court shall direct, and consuming
| moreover THAI the occupant shall have lien upon
| the land for payment of the balance which may APP
pear according to the principles of said to bc
found IN favor of said occupant occupants, aud
also to abide by the provisions of act of the &C.
| neral Assembly of Kentucky, approved, February
9TH, 1916, entitled san act to authorize the guar
dians of infants and committees of idiots and luna
tics to execute bonds and convey lands i'll certain
cases = and also the of the General Assembly
III this Commonwealth, approved February 9th,
1872 entitled, an act to amend an act entitled,
act concerning occupying claimants of land ; and
also shall by said writing engage aud stipuate with
the occupant or occupants, that although the said
her or their title back to the Commonwealth by
connected title in law equity, yet he, she or they
shall be entitled To the benefit Of the principles of all
the said rcced acts: Proudcd he, she they shall
be bona fde occupant occupants, being bona
fit!e purchaser bona ide purchasers, by written
deed, or holding the same Ivy descent or
dc wise, under purchase made by written contract
or deed as aforesaid which engagement shall be
tered of record in the said thcn aud in that
case the said occupant occupants shall moi be per-
rtnItp
the Commonwealth, but suit trial shall proceeds
and If it shall appear the plaintiff plaintiffs, de-
mandant or demandants, complainant o complain
ants or lessor or lessons of the plaintiff, the
may be, has have the better right to the land the
cultivation and improvement of said occupant
cupants, shall inurc the benefit of said successful
claimant or claimants, such successful claimant or
claimants complying with the aforesaid stipulations,
and the court shall accordingly render Judgment or
decree in favor of such claimant claimants, and
such successful claimant claimants, shall be Gu
u led To any execution other process after the
lien hereby given to the occupant occupants may
have been discharged to which he, she they would
>e entitled if this act had not passed.
Sec. IL. lind be IL further enacted, That in any
suit now pending hereafter to be commenced, Ell
Their at law or in equity, under adverse claim
against any cultivator improvcr occupant or oc-
cupants OF land, i'll possession under bona fde
purchase, birritcn contract deed of record or
claim derived from the Commonwealth or by des-
cent or devise under bona ide purchaser aforc-
said, it shall and may be lawful for such defendant
or defendants to plead this rely upon it, TN
der the general issue, by bill i'll equity after udc-
ment or decree against him, her them. to insist
upon the forfeiture and lapse to the Commonwealth
by this act accrued. in bar Of such adverse claim or
claims, title titles, with this Proriso that in case
the stipuatons i'll the tenth section contained shall
be complied with and entered of record, then the
person claiming adversely to such occupant, impro-
yer and cultvatof, shall have all the benefits of said
tenth section to the forfeiture.
SEQ -. The rights and individual interest Of
every infant, feme covert, and person of unsound
mind, shall be saved and preserved UNTIL two years
from the time their respective disabilities are rcmov-
ed which said time OF two years is allowed them
TO complete their improvement and cultivation as
required by this act Pyoridsd, horerer, that the
disability OF any parcene Joint tenant tenant in
common other co-complainant, shall not save a
ny but his OF her per part lind prOrded also that
none but those who within the disabilities and
savings as aforesaid, At the passage of this act or
who shall hereafter their rights, titles or
interests or claims by inheritance or devise before
forfeiture accrued, and they being disabled shall
be allowed the said further time of years, pro-
vited for i'll this section
Sec. 3D. Ind be IL further enacted, That no i'm
provemen or cultivation made to be made by any
occupant occupants Of land, shall nurc to the be-
ncht of any proprietor or claimant of any tract or
parcel ofand to save such proprietor claim
ant from the consequences and forfeiture for want
of cultivation and Improvement by this declar-
ed, unless such occupant occupants shall have ta-
ken protection under such proprietor claimant, as
his or her tenant unless such proprietor OF claim
ants shall pay to such occupant or occupants, the
value OF his, her their Improvements, to be asses
sed by disintcrestcd frcchoders, and their UNI
pire to be chosen by such proprietor claimant and
| such occupant occupants.
Sec. III. BE IL further enacted, That none of the
forfefures herein declared, shall be applied to cases
OF controversy between lessor and lessee, mOrtgagor
| and mortgage, vendor or vendee trustee and per-
son persons for whose use or benefit any trust
may be declared
Sec. 10 BE IL enacted, That nothing in this act
contained shall be construed In any wise to modify
alter change the laws heretofore enacted con-
corning the limitation of actions.
Sec. is. Be ii further enacted, That the act en-
titled, " an actto amend an act concerning occupy
ing claimants of land" passed twentieth December
one thousand eight hundred and twenty, be, and the
same is hereby repealed and the provisions of the
act passed the thirtyrst of January, one thousand
eight hundred and twelve entitled, an act concern
| ing occupying claimants of lards,' which were re-
pcaled by that act, be, and the same are hereby de-
clared to be in full force Prorided ho,ccrcr that
where there is any survey, on which no settlement
can be made account of its being flooded land
the provisions of the first section of this act shall
not apply; nor shall citizen proprietor, actually
residing iii possession of one Of his SURVEYS be
compelled to cultivate improve IL second or other
survey tract, on whirh there is no conflicting
claim or adverse title.
HORRID BARBARITY.
INDIiNAPoLIs, March 30.--It becomes orr pain
full duty to record Of tho Outra geous trans
actions that has occurred since the settlement of the
ILL.,