grant

the said courts, within three years after the passage of this act, all right, title and claim derived under this act, shall be null and void to all intents and purposes.

Sec. 4. Be it further enacted, That on a certificate when register being produced to the register, as provided in the may issue third section of this act, and within the time the rein prescribed, together with the auditor's quietus for the treasurer's receipt for ten dollars per hundred acres therefor, the register shall issue à grant as in other cases: Provided however, that in the entry of the said land, the said Francis and Slavey shall not be at liberty to interfere with any actual settlement, with two hundred acres of land around the same, including the settlement in the centre, nor to include therein any iron, lead or silver ore.

Sec. 5. Be it further enacted, That if the said John Title not to Francis and Richard Slavey, their heirs or assigns, be transfered do, at any time, transfer any right, title or claim to the aforesaid land and salt water, which they may have derived under the provisions of this act, or make any contract whatever, which in effect, will operate so as to aid in any respect a monopoly of thẹ business of salt making, shall forfeit all right, title and claim to the aforesaid land and salt water, and the same shall revert to the commonwealth.

CHAP. CCLXXI.

AN ACT

To amend the act for the appropriation of Lands acquired by the treaty of Tellico.

Sec. 1.

B

APPROVED, Jan. 31, 1811.

E it enacted by the general assembly, That each and every person or perDirections to sons, who may hereafter pay into the treasury any

persons pay.

ing money money, under the provisions of the said recited act,

shall first apply to the auditor with a certificate

from the register, of the quantity of land about to be paid for, and the auditor shall thereupon certify to the treasurer, the amount to be paid thereon, and debit the treasurer for such amount as in other cases.

Sec. 2. Be it further enacted, That for all monies paid under the said recited act, prior to the passage Treasurer's of this act, the treasurer shall make a statement on duty oath, before some justice of the peace for Franklin county, and deliver the same to the auditor, who shall debit the same against the treasurer.

SEC. 3. Be it further enacted, That the whole amount of the monies now due, and to become due this commonwealth, for any tract of land, acquired under and by virtue of the provisions of the said recited act, shall be discharged in four equal annual instalments; the first to be paid on the first day of January next, and on that day in every succeeding year, until the whole shall be paid in the term aforesaid: Provided however, that the commonwealth shall be entitled to an interest of six per cent. per annum, on the principal now due for said lands, until the same shall be paid into the public treasury.

Instalments & interest how

regulated

sales

SEC. 4. Be it further enacted, That if any instalment hereby allowed, on any tract of land acquired Respecting as aforesaid, shall not be paid on or before the first day of January next, and on that day annually thereafter, the lands upon which such instalment shall not be paid as aforesaid, shall be exposed to sale under the same laws and regulations, which are now in force relative to the sale of head-right lands in this commonwealth.

Clerks and auditor their

Sec. 5. Be it further enacted, That it shall be the duty of the clerk of the circuit court, where certificates have, or may be granted, to transmit the same duty to the auditor of public accounts, on or before the first day of November next, and every succeeding November and said auditor shall, on or before the 15th day of December ensuing, make out and furnish the register, with an account of the claims granted by the respective circuit courts; and it shall be Sales by re duty of the register, to proceed to sell all lands sub- gister ject to sale by the fourth section of this act; which shall be exposed for sale by the register, at the state

Clerk's compensation

house door, on the second day of January next, and every succeeding second day of January.

SEC. 6. Be it further enacted, That the clerks shall have the same compensation, for making out and transmitting to the auditor, the respective certificates, granted to the settlers in the tract of country acquired by the treaty of Tellico, which the clerks of the county courts were allowed for transmitting to the auditor, the certificates of claims granted to the settlers in this commonwealth by the county courts.

CHAP. CCLXXII.

AN ACT

For the relief of REUBEN STEIVIS,

APPROVED, JAN. 31, 1811.

HEREAS Reuben Steivis furnished two

W drums for the use of the eighth regiment, in

the year one thousand, seven hundred and ninetytwo, at which time the law authorised their being paid for out of the public treasury: for that purpose the certificates were put into the hands of the sheriff, for the purpose of drawing it; but was mislaid for a considerable time; in which time the law was repealed, authorising the money to be paid out of the public treasury.-Therefore,

BE it enacted by the general assembly of the commonwealth of Kentucky, That the auditor of public accounts, is authorised to issue his warrant in favor of said Steivis, on the public treasury, for sixteen dollars and sixty-six cents.

CHAP. CCLXXIÍÍ.

AN ACT

To amend an act to regulate proceedings in suits at

W

Law and in Chancery.

APPROVED, January 30, 1811.

HEREAS many of the good people of this commonwealth are liable to be injured in suits at common law and chancery, owing to the intricacy of the English practice pursued in courts within this commonwealth-For remedy whereof,

Sec. 1. Be it enacted by the general assembly of

Preamble

Pleadings

the commonwealth of Kentucky, That in suits at Common law common law, the plaintiff shall state in substance, in suits how pro his declaration, what he claims of the defendant; ceeded in and the defendant shall state in substance, what he intends to rely on in his defence; and neither of the parties shall be bound to any particular formality in pleading by averment or otherwise, provided the parties have stated their cases so plain that a fair trial can be had on the merits of the cause; and whenever more is claimed by either than shall be supported by evidence, so much only as may be thus supported, shall be good : And no fact tried by a jury shall be otherwise re-examined in any court, than according to the rules of the common lay.

Sec. 2. Be it

causes, a bill further enac'ed, That in chancery In chancery

causes, a bill and answer, stating the points relied on by

each party sufficiently plain to be understood, time being given agreeably to law for proof to be adduced, shall be deemed sufficient to try the cause on the merits, notwithstanding no replication or other plea put in, or steps taken, others than orders of court for any matter proper for bringing in testimony before trial shall be had. Answers may state interrogatories to the complainant, and may make it answer as a cross bill, if he choose so to do; and the court shall not require either of the parties to take any other steps, or put in any other plea, provided the cause can be fairly tried on its merits.

Suits not affected by informality

Sec. 3. In all cases where any suit has or may be brought, in any court of record within this commonwealth, the same shall not be set aside for informality, if it appears that the process has issued in the name of the commonwealth of Kentucky against the defendant or defendants, for money or property ow Exceptions. ing or due, or for damages by trespass, or otherwise,

Substance of the demand sufficient

sustained

Exceptions

to

shall

as the case may be; and that said process was served on the defendant or defendants, by the proper officer, in due time; but if it shall appear, that said process was not served in the time prescribed by law to enable the parties to have a trial, the suit shall be tried at the succeeding term, unless for good cause shewn, either party. shall have a continuance-Nor any plaintiff be non-suited for any statement in bar a nonsuit his declaration, provided it substantially contains a good cause of action against the defendant or defendants, and the substance thereof is supported by evi Demurrer to dence. Nor shall any demurrer, either general or pleadings shall not be special, be sustained, when offered by either plaintiff or defendant, to any part of the pleadings, provided the statements contained in said pleadings, substantially apprise the adverse party of the point or points intended to be relied on, and amount to a substantial cause of action or defence, as the case may be in all cases where the court is of opinion, that the parties cannot proceed to a fair trial on the merits of Defective the cause, from a defect in the pleadings, either party may be allowed to amend, and if by such amendment, the adverse party is taken by surprise, Continuances the trial shall at his request, be continued to the next may be gran- term, at the cost of the party in default. And the oath and affirmation, to be administered to the jury, Oath of the shall be in the form following, to wit: "You, and you, do swear or affirm (as the case may be) that you will well and truly try the issue joined, between C. D. plaintiff, and E. F. defendant, and a true verdict give, according to evidence, unless dis missed by the court, or withdrawn by the parties."

pleadings may be amended

ted

Jury

Continuances

each of

but

Sec. 4. And all courts at common law and chancery, in civil cases, shall grant continuances for good causes shewn ; and shall pay due regard to the provisions of this act, any thing to the contrary notwithstanding.