Chap. 78.—An ACT to establish evidence in relation to Waste and Unap-
. propriated Lands.

Passed January 16, 1867.

Whereas, it is represented to the general asgembly that the
books of entries and the books of surveys of waste and un-
appropriated lands, lying in certain counties of this common-
wealth, have been destroyed or carried beyond the jurisdic-
tion of this state and cannot be recovered, and that in con-
sequence thereof many entries and surveys heretofore made
cannot be carried into grant, for remedy whereof:

1. Beit enacted by the general. assembly, That any person

desirous of establishing an entry, or an entry and survey of
waste and unappropriated land in such counties, which was
of record in said books, may file with a commissioner, to be
appointed for this special purpose for such counties, by the
judge of the circuit court of said counties, a petition in writ-
ing, stating the entry or entry and survey, when made, and
the boundaries thereof, which he wishes to establish, and
what persons may be affected by the establishment of said
en¢ry or entry and survey; whereupon the said commissioner
shall appoint a time and place for proceeding on said peti-
tion, whereof reasonable-notice shall be gy ven to all parties
named in said petition, or interested in the proceeding, and
to others who shall be known to the commissioner, or who
shall claim to be interested. If any party interested, be an
infant, insane person or. married woman, the said commis-
sioner shall appoint a guardian ad litem to attend to the case
on behalf of such party. If the commissioner appointed
under this section shall be interested in any case, the judge
may appoint a special commissioner to act in that particuldr
case.

2., The said commissioner shall take in writing the evi-
dence of all witnesses who may be produced before him.
He shall keep a journal of his proceedings in each case, which
he shall return with the evidence taken by or filed "before
him, with such explanations and comments as he may deem
necessary, to the circuit court of the said county at its next
term; and if from the evidence and report in any case the
court is satisfied that the petitioner or any party thereto has
entered, or entered and surveyed any waste and unappro-
priated lands in said county in accordance with the laws in
force at the time such entry or entry and survey was made,
which were or ought to have been recorded in the books of
the survey or in said counties, the court shall ascertain, as
near as may be, the time when such entry or entry and sur-
vey was made, and the boundaries thereof, and the rights of
the parties before it to the land, and shall make an order
ascertaining’ and determining the rights of the parties before
it, and cause the same to be entered as the judgment of the
court, from which judgment, any party feeling himself ag-
grieved, may appeal as in other cases. — |

3. It shall be the duty of the clerk of the circuit court of
said counties to make off and deliver to the clerk of the
county court of said counties, a certified copy of any such
judgment as may be made by the court under the preceding
section establishing an entry and survey, and the said county
court clerk shall record the same as he is required by the
twenty-fifth section of chapter one hundred and twelve of
the Code of eighteen hundred and sixty, to record the list of
surveys delivered to him by the surveyor of his county. And
the said clerk of the circuit court shall also deliver a certi-
fied copy of any such judgment as may be made by the court
under the preceding section establishing an entry to the sur-
veyor of said county, who shall immediately enter in his
book of entries the said judgments, and shall proceed to sur-
vey the entry so established as he is required by law to
survey entries made in his said book under existing laws.

4. The register of the land office, upon receipt of 4 copy
of any such judgment of the court, under the second section
of this act, establishing an entry and survey, certified by the
egunty court clerk of said county, or of a plat and certificate
of survey made under an entry established under said section
within one year from the time such entry and survey was
established by the court, or such entry was recorded by the
surveyor, the register shall. give his receipt therefor, and
shall cause to be made to the party having the right, a grant
in accordance with existing laws. ‘The rights of all persons
not parties to the proceedings under this act, shall not be
affected thereby. , |

0. The provisions of sections eight and ten of chapter one
hundred and seventy-five, Code of eighteen hundred and
sixty, shall be applicable to the commissioners’ reports under
this act, and the commissioners shall be allowed for their ser-
vices under this act, the same fees that, are allowed to com-
missioners in chancery.

6. This act shall be in force from its passage.