Chap. 205.—An ACT Providing for New Grants where Title Papers are
Lost or Destroyed.

Approved March 13, 1872.

or 1. Be it enacted by the general assembly, That if any record
= or paper, constituting a link in the chain of title to any tract
© or parcel of land in this state, has been or shall be lost or de-
stroyed, and no authenticated copy thereof can be found, it
shall be lawful for the person or persons claiming the owner-
ship of such tract or parcel of land to file in the county or city
court of the county or city in which said land, or the greater
part thereof, is situated, a bill in equity, setting forth the cir-
cumstances of such loss or destruction, and giving a history of
the title and possession of such tract or parcel of land, and a
full description thereof, with the names of the persons in pos-
session of the coterminous parcels. All persons appearing to
have an interest in such lands, or to be in possession thereof,
’ or of any adjoining parcel, shall be either plaintiffs or defend-
ants, and the proceedings to mature the cause shall be the same
as in other suits in equity, except that in every case there shall

l- be an order of publication, setting forth briefly the purpose of
the proceeding and notifying all persons interested to appear
and look after their interests.

ey 2. When the suit is ready for hearing, the court may make
an order of survey, to be executed by such person as the court
may appoint, requiring a complete survey and plat of the land
in question to be made and returned, showing its connection
with coterminous tracts, and any other circumstances necessary
for its thorough identification.

- 8. Upon the return of such survey and plat, testimony may
be taken as in other suits in equity; but no notice of the tak-
ing of such testimony need be given to any defendant who has
not appeared and answered the bill.
t 4. If, upon such survey and plat, and upon the other facts
in the cause, the court shall be clearly satisfied of the owner-
ship of the tract or parcel of land shown by such survey and
plat, and that there is no controversy about such ownership, it
shall certify the same of record, and shall make such order
concerning the costs as may seem proper.

t 5. The persons appearing by such certificate to be the
owners of such tract or parcel of land may take a, certified copy
of the record in the said suit, and file the same in the land
office as the foundation for a new grant for such tract and par-
cel of land.

| 6. A caveat may be obtained against obtaining such new

~ grant, and the same proceedings shall be had thereon as in
other cases of caveat. If no such caveat be entered within
six months after the filing of the papers, or if being entered it
shall be vacated, a new grant shall be issued according to the
survey and plat in favor of the persons certified to be owners
as aforesiid, and according to their respective rights, as cer-
tified.

7. The grant so issued shall be recorded in the county or G
city in which the land, or the greater part thereof, is situated; ”
and it shall, in all the courts of this state, be taken as evidence Tt
of title in favor of the grantees and those claiming under them, °
and shall be conclusive as against all persons except one prov-
ing title in himself as the real owner: provided, however, that N
in the execution of the provisions of this law there shall be no =
charge against the commonwealth.

8. This act shall be in force from its passage. c