Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1812-08-03
TO the EscaeatSrs of fhe several Counties in this
Commonwealth

To the EscheGtors Of The several Counties an this
Commonwealth
M HEREAS several Escheators have expires.
w sed doubtsas TO the manner of executing
The duties appertaining to their Office for
The purpose OF obviating the sc doubts and esta
blishlny uniform mode OF proceeding, have
deemed 1T advisable TO make public through
the Press tue opinion upon that subject of the
Board OF Directors of the Literary Fund, in
whom the proceeds of Eschcaled Lands are
now vested by law ;-which is, that in eases
where the Escheator possesses personal
knowledge OF the necessary facts, or of the evil
dence by which they may be established, he is
not restrained from proceeding TO hold his In
quest Tor want of notification from a Com
| missioner OF the Revenue, until written
statement supported by oath or affirmation
| from some other person shall have been laid be-
! fore him.
The Act to amend the Act, entitled an
Act concerning Escheators," lpassed January
| 2lst, 1894 imposes new duty upon the Com
missioners of the Revenue, for the purpose of
| furnishing the Escheators with additional sour
| ces OF information, and also upon the Eschea-
| tors, by requiring every Escheator to proceed
| TO hold ms Inquest, on receiving such infor-
nation from Commissioner of the Revenue,
| or from any other person-The Act "to a.
mend the several Laws concerning Escheats,''
passed February Id, 1911, merely provided
\ that such information, from any person other
than a Commissioner, shall be in Wruiss, and
4 upon oath or d Birnation.-Bu neither OF these
Acts contains any negative or prohibitory words,
4 or IN any respect diminishes the power and
authority OF an Escheator under the Act of
| November 3Uth, 1921 to hold an Inquest
whenever he may think it proper from his own
knowledge, or from lawful evidence TO be laid
before his Jury when impannelied
/ The Rnard NJ -, -.
that fees Tor necessary copies of Deeds, Wills.
sc. procured by Escheators are proper charges
against the Commonwealth, payable, by order
o. the Executive, out OF the contingent fund !:
but, IT the Executive should refuse to allow
| such charges, they would certainly be paid, by
order or the President, out of the Literary Fund.
They do not, however, conceive it neeessa-
| ny, IN am Inquest of Escheat, to trace OH be-
| nan oil the commonwealth the legal title back
to the original grant.-Prinsa facic evidence,
| showing that the person last seized of the land
was m possession as tenant in tee-simple, and
that he died without any LAWFUL heir, is suflici
ent IN the hrst place-Such tris,a facie evi.
] dence having been produced, the burthen of
proof then lres on the person claiming he
land to rebut the presumption in favour Of the
Commonwealth
The several Eseheators are earnestly exhor-
ted by the President and Directors to be jealous
and active in performing the duties of their of.
nee, IN which they will be assisted BY the
states Attoinles, whose duty it is to attend
Their lnquests by the Agents for the Litcrar,
Fund in their respective counties, and by the
ADVICE OF the Board itself, whenever it NAV be
necessary.
is. BARBOUR, PRESIDENT.
Teste,
VIM. MUNFoRD, CLERK.
Richmond, July 81, 1912. At.