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unattainable by purchase. But whensoever the power of impressment shall be exercised, the mode of valuation shall be the same with that prescribed in the above recited act, for procuring by impressment a waggon and team; and due care shall be used for rendering this act of authority as little burthensome as possible, to those who may become subject thereto. And be it

further enacted, That in case of any invasion or insurHow notice rection, the county lieutenant or commanding officer, be given.

shall give immediate notice thereof to the governor, under the penalıy of fifty pounds; for any money expended in sending such notice, he may appropriate a reasonable sum arising from fives in his county, or if they be not sufficient, he may receive a like reasonable

suin from the contingent fund, on a warrant from the Court-martial how consiitu

executive. For the trial of a county lieutenant or comted.

manding officer, the governor wiih advice of council, may direct a court martial to be holden by any militia officers wliatsoever, constituting the same according to military usages.

A county lieutenant or commanding officer failing to account for fines according to the above recited act

shall be liable to the penalıy of one hundred pounds. Recovery of fines.

or All fines and penalties imposed by this or the above

recited act except where the jurisdiction thereof is specially given to courts martial, shall be recovered on the motion of the solicitor, or any individual in any court of record, on ten days previous notice in writing; on the motion of the solicitor the whole fine or penalty shall be adjudged for the use of the commonwealth and on

the motion of an individual to that individual. Second lieu. In companies having two lieutenants, the second tenant dis

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lientenant shall be considered as no longer in office. continued.

* Whensoever officers shall be commissioned for a light Light comna company, and shall fail to raise their men, the said ofnies not com- ficers shall claim no rank or privilege by such commispleted, vaca. sions. And it shall be lawful for the executive to fix a

day by which such commissions shall be vacated ipso

facto, unie:s the complement be raised by that lime. Captains and Trby any accident a sufficient number of captains subalterns and subalterns should not attend any detatchment at appointed to the place of rendezvous, they may be appointed in the complete de. techments.

he same manner as field officers in such cases.

So much of all and every act or acts as comes within che porview of this act, shall be and is hereby repealed.

ted

CHAP. III.
An act for reviving, continuing and

amending an act lo revive and a.
mend in part an act for giving fur.
ther time to enter certificates for
settlement rights, and for locating
warrants upon pre-emption rights,
and for other purposes.

WHEREAS the act of assembly passed in the year Further time one thousand seven hundred and eighty-four, intitled, ail.wed for * An act to revive and amend in part an act for giving enthing cer. further time to enter certificates for settlement rights, settlement and for locating warrants upon pre-emption righis, rights, and and for other purposes," which was continued by seve- locating warral subsequent acis, did expire on the first day of No- pre vember last, and it is expedient that the same should rights. be revived, continued, and amended, Be it therefore enacted, That the said recited act shall be revived and continue in part, and be in force until the last day of December, one thousand seven hundred and eighty seven, within which time the register of the land office or his deputy, shall receive all platts and certificates of survey alihough not returned within the time heretofore limitted by law, and such lands shall not be considered as forfeited or liable to a forfeiture on that account.

And whereas the time allowed by law for entering certificates for settlement rights is expired, and it being adjudged necessary that the same ought to be revived and continued, Be it therefore enacied, That it shall and may be lawful for the sorveyors of this commonwealth within their respective counties at any time before the said last day of December, to receive and enter all such certificates, or the attested copies of such as shall be lost, and to proceed to survey the same as the law direcis. Provided, such attestation be made by the commissioners who granted the same, or by the clerk of the superior court of the district of Kentucky, or the register of the land office.

no

tion,

County courts Provided also, and be it further enacted, That no

grant county court within this commonwealth, shall, after certificates for such the passing of this act, exercise a power of granting rights. certificates for settlement or pre-emption rights.

And whereas sundry persons have been prevented Time allowed

Obtaining by unavoidable accident from obtaining and entering and entering pre-emption warrants before the register of the land pre-emption office was prohibited from issuing any more warrants warrants

by a resolution of the general assembly, Be it further enacted, That all such persons shall be allowed until the said last day of December, to obtain and enter such warrants. And that every person intitled to a pre

emption warrant as aforesaid, shall pay into the pubConsidera- lic treasury thirteen shillings and four pence for every

hundred acres of land in specie or audited certificates in full for the state price heretofore required, which being audited and a certificate thereof produced to the register of the land office, the said register is hereby authorized and directed to issue such warrant to the

party entitled to the same or to bis assigos. Time limited And whereas by sundry acts of assembly entries and for surveying surveys on the eastern waters have been hitherto proentries on tonto como eastern wa.

tected from forfeiture, and it is reasonable that a cer

' ers, and ma. tain time should be limitted, for surveying such entries king returns and making return thereof to the land office, Be it land office. therefore enacted, That the entries for lands on the

castern waters, which liave been legally made before the first day of January, in the year one thousand seven hundred and eighiy, except entries made within the district of the Northern Neck, shall proceed to survey the same with all practicable dispatch, which surveys, together with those already made and founded upon entries of the above description, shall be returned into the register's ofüce on or before the first day of October, one thousand seven hundred and eighty eight, and not aster, and on failure of such surveys being made and returned on or before the said first day of - October, one thousand, seven hundred and eighty

eight, such lands are hereby declared vacant, and shall be liable to be located in the same manner, as other unappropriated lands within this cominonwealth.

And be it enacted, That the owners of entries for lands For survey. within the district of the Northern Neck regularly ing entries in Northern

"" made before the seventeenth day of October in the year Neck. of our Lord one thousand seven hundred and eighty

tive, shall proceed to survey the same, which survey's, together with those already made upon like entries, shall be returned into the register's office on or before the said first day of October one thousand seven hundred and eighty-eiglit, and on failure such entries are hereby declared void, and the lands liable to be located in the same manner as other unappropriated lands within the said district. And the composition upon grants issued from the register's office on surveys un- .Composition,

in what pay. der entries made as aforesaid may be paid either in able. specie or audited certificates.

And whereas many surveys regularly made and re- Grants on turned into the proprietor's office before the said seven- surveys re. teenth day of October one thousand seven hundred

tu proprietor's and eighty-five, have been ungranted until they have office, how become forfeited according to the rules of the said obtaineid, office, and it is reasonable the same indulgence should be extended to the people within the said district, as to the other citizens of this commonwealth, Be it enacted, That the owners of such surveys may, before the said Grst day of October one thousand seven hundred and eighty-eight, apply to and obtain from the register grants for the same upon paying the quitrents and composition due thereon in manner aforesaid, and on failure thereof the lands contained in such survey's shall be forfeited and may be granted in the same manner as other unappropriated lands within the said district. And any person possessing bigl lands within Pre-emption the said district to which any swamps, marshes, or in swamps,

narslies, or sunken grounds are contiguous and not already ap- sun propriated shall have the pre-emption of such swamps, grounds, in marshes or sunken grounds at the rate of twenty-five Northern pounds by the hundred acres, until the said first day of October one thousand seven hundred and eighty eight: And if such person shall not obtain a grant for such swamps, marshes, or sunken grounds before that time, then any other person may enter on and obtain a grant for the same in like manner as is directed for other unappropriated lands within the said district.-But nothing herein contained shall be construed or ex- Saving to tend to give liberty to any person to locate or obtain femes covert, a grant for any unappropriated swamps, marshes or &c. sunken grounds lying contiguous to the high land of any feme covert, infant, person not being compos mentis, or person out of the commonwealth, but such per

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sons shall be allowed twelve months after the removai of their several disabilities for the pre-emption of such

lands.

n And be it further enacted, That where any cavear tered on Nor. hath been entered in the proprietor's office of the Northern Neck, thern Neck before the seventeenth day of October in how proceed, the year of our Lord one thousand seven hundred and ed in.

eighty-five, the person who entered such caveat shall, wilbin twelve months next following, assign the causes ihereof in the register's office, and proceed to prosecute the same, and on failure the same shall be taken and deenred dismissed, and a grant for the lands so cavealed shall issue to the person, his assignees, or legal representatives, in whose favor the sorvey was

made. Considera. And whereas the act passed at the last session of astion for landsembly, intitled “An act to dispose of the waste and warrants on eastern we unappropriated lands in the commonwealth of Viriers, how ginia on the eastern waters," directs that a composition payable. of twenty five pounds, for every hundred acres of the

said lands should be paid by the person or persons who shall obtain a warrant for the same. Be it enacted,

That from and after the passing of this act the composition aforesaid may be paid in auditors warrants or audited certificates, any thing in the said recited act to the contrary notwithstanding. .

CHAP. IV.

An act making further provision for

the erection of the district of Kentuckey into an independent state.

Further pro. WHEREAS it appears that the representatives vision for the erection of elected in pursuance of the act, entitled, “An act conthe district cerning the erection of the district of Kentuckey into of Kentucky an independent state," have been hindred by unforeinto an inde.

e seen events from meeting at the time proposed, and dependent stale. termining the question referred to them; and it is con

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