CHAP. CCLXVII. Preamble W AN ACT For the relief of JOHN FOWLER. APPROVED, JAN. 29, 1811. THEREAS, it is represented to the present general assembly, that a certain Jacob Rubsammon, on the 21st of December, 1782, made an entry with the surveyor of Fayette county, for fifty thousand acres of land; that twenty thousand acres thereof, were withdrawn on the 11th of January, 1783, leaving a residue of thirty thousand acres ; that the said Rubsammon, on the 24th of August, 1783, in consideration of one thousand pounds, Virginia currency, paid by Charles Lynch, sold to said Lynch ten thousand acres, out of the said thirty thou sand acres ; and by instrument of writing, executed by said Jacob, acknowledged such sale, and the receipt of the said consideration money. That the said Charles Lynch did, by instrument of writing, executed by him on the 24th of May, 1795, assign all his right and title to the said ten thousand acres of land, to John Chiles, for value received; and that the said John Chiles did, by instrument of writing executed by him on the 13th of April, 1796, for value received, assign all his claim to the said ten thousand acres of land, to John Fowler. That on the 18th of May, 1785, sixteen thousand, six hundred and fifty-two acres of land, were surveyed for the said Rubsammon, by virtue of the entry aforesaid, for the said thirty thousand acres ; and the further quantity of thirteen hundred and ninety-eight acres of land, were surveyed for the said Rubsammon, by virtue of the said entry of thirty thousand acres, on the 21st of May, 1785-making in all eighteen thousand and fifty acres and that the balance of said entry, has not been surveyed, being supposed . . to interfere with better claims. That on the 29th of August. 1791, Harry Innes, as attorney in fact for Jacob Rubsammon did, by endorsement on the platt and certificate of survey, for the sixteen thou sand, six hundred and fifty-two acres; assign unto George Caldwell one sixth. part, and to William Kennedy one third part of the same; and that on the 29th of August, 1791, the said Harry Innes, as attorney in fact for the said Rubsammon did, by endorsement on the platt and certificate of survey for the thirteen hundred and ninety-eight acres of land, assign unto George Caldwell one sixth part, and to William Kennedy one third part of the same. That a patent issued by the commonwealth of Kentucky, for the said sixteen thousand, six hundred and fiftytwo acres, on the 11th of January, 1795, to George Caldwell for two thousand, seven hundred and seventy-five and one third acres thereof-to William Kennedy for five thousand, five hundred and fifty and two third acres thereof, and to Jacob Rubsammon for eight thousand, three hundred and twentysix acres thereof and that a patent issued by the commonwealth of Kentucky for the thirteen hundred and ninety-eight acres, on the 11th of January, 1795, to Jacob Rubsammon for six hundred and ninetynine acres thereof to George Caldwell for two hundred and thirty-three acres thereof, and to William Kennedy for four hundred and sixty-six acres thereof. And that the said Rubsammon departed this life, in or about the year 1792, before the ema'nation of the patents aforesaid, so that the said John Fowler has not obtained a deed for the interest which he is entitled :o, in the lands patented as aforesaid. And whereas it is further represented, that said Rubsammon died without any legal heir or representative in the United States of America, to whom the said land could descend ; but that his legal heirs and representatives were at his death, natives and residents of Germany; whereby it is supposed this commonwealth may have a lien upon said land, by way of escheat, forfeiture or reversion: Where fore, Common wealth's right lands granted in certain to Fowler duty of Camp bell circuit court Powers To appoint commisioners to convey land Sec. 1. Be it enacted by the general assembly of the Commonwealth of Kentucky, That whatever right and claim may belong to, and vest in the commonwealth, to the land so. claimed and sold, by the said Rubsammon, by escheat, forfeiture or reversion, for want of a proper and legal heir at law or representative to the said Rubsammon, shall be, and the same is hereby granted to, and vested in, the said John Fowler, his heirs and assigns forever. SEC. 2. Be it further enacted, That the circuit court of Campbell county, in which the lands patented as aforesaid, are situated, are hereby authorised and empowered, at any term of their circuit court, in the year 1811 or 1812, to receive by bill or peti. tion, the proofs of the above named John Fowler, in the premises and if the matters stated in the preamble hereof, are maintained to the satisfaction of said court, then and in that case, the said court shall appoint three commissioners, who shall convey to the said John Fowler, pursuant to such order or decree as the court may make on the subject, by sufficient deed of conveyance, the interest that he is entitled to in the lands patented as aforesaid; which deed shall be recorded in the clerk's office of Campbell Validity and county and such deed of conveyance, shall be as effect of deed valid and effectual, as if the patents aforesaid, had issued in the lifetime of the said Rubsammon, and the said Rubsammon, after the issuing thereof, had conveyed by deed to the said John Fowler, the interest that he claims as aforesaid, and is entitled to in manner aforesaid, in the said lands patented as above mentioned: Provided however, that nothing herein contained, shall prejudice or affect the right or title of any person or persons having a better claim to the said premises, derived from the said Jacob Rubsammon, than the said John Fowler: And provided also, that said John Fowler shall give three months notice, in two news-papers printed in this state, of the time when application will be made to the circuit court aforesaid, to enable him to obtain the benefit of this act: And said court may make orders of survey, or other interlocutory order in the premises, and for good cause continue such Proviso Proviso application from term to term, provided such continuance does not extend beyond the last term of said court held in the year 1812. SEC. 3. And be it further enacted, That the said Fowler to in John Fowler shall be at liberty to introduce, before troduce evi the said Campbell circuit court, in support of his dence in sup claim aforesaid, parol testimony, as well as deposi- Port of his tions and the said court shall, by order entered on land : their records, direct the manner in which the said John Fowler shall take such depositions as he may deem necessary. CHAP. CCLXVILI. AN ACT For establishing a mutual ASSURANCE SOCIETY, against fire on buildings in this Commonwealth. APPROVED, JAN. 29, 1811. Preamble pany HEREAS from the great losses sustained by the ravages of fire, it is expedient to adopt some mode, to alleviate the calamities of the unfortunate, who may suffer by that destructive element: Sec. 1. Be it therefore enacted by the General Assembly, That an assurance be established in Lexington, Style of com to be called and known by the name of "The Kentucky Mutual Assurance Society, against Fire on buildings and property contained therein within this The object of commonwealth"-the principles whereof shall be the institution That the citizens of this state, may insure their buildings and property, against losses and damages occasioned accidentally by fire; and that the insured, pay the losses and expenses in proportion to the sum insured, by each member of the society: And that subscriptions be opened under the direction of Alexander Parker, Henry Purviance, Thomas January, and Thomas T. Barr, in Lexington; and under the direction of John Instone and Daniel Weisiger, in Subscriptions to be opened under the di rection of cer tain persons Meeting of commission ers to be ad vertised soon as Frankfort; John Gwathmey and Thomas Prather, in Louisville; James Smiley and William P. Duval, in Bardstown; Richard Dallam and Amos Edwards, in Russellville; David Bell, Daniel M-1lyov and Richard Davenport, in Danville; Benjamin Bayles and Adam Beatty, in Washington; John Hickman and Valentine Peirs, in Paris; Thomas C. Howard and William Irvine, in Richmond and in such other places as may be thought necessary, by a committee to be appointed at the first meeting of the members. As the sum subscribed for, shall amount to one million Dollars, notice shall be given by advertisement, of a day fixed for the meeting of the subscribers in Lexington; who may then meet Members to either in person or by proxy, and conclude upon such make by-laws and to elect bye-laws, rules and regulations, not repugnant to the president and constitution or laws of this state, or of the United directors States, as they, or a majority of the members present, may think best; and shall then proceed to elect a president and twelve directors-any five of whom shall constitute a board, to transact the business of the society; and thenceforth, they shall be considered as a body politic, incorporated by this act, under the denomination aforesaid: and by that name, shall have succession, and may sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in any court of law or equity, in this commonwealth or elsewhere; and may buy and sell, do and execute, every other thing relative to the society. But none of the subscribers or their agents, shall be sued individually, for any thing that relates to the Assurance Society in general. They shall have power to lease or purchase ground, for the sole purpose of erecting an office or offices, and such other buildings as may be necessary for the institution. And whenever the said company shall acquire such sum of money, as should in their opin ion, be rendered productive of profit, the same shall be employed in the purchase of stock in the Bank of Kentucky. considered a body politic Powers Surplus of funds how ap propriated Power to alter The society, or a majority of those present at a geand amend the neral meeting, shall be at liberty from time to time, bye-laws to alter and amend the bye-laws, rules and regula. |