Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1812-08-06
To ths EsehedtOrs efthe .eveyal Counties n, this
| Commonwealth.

To the Bsehedtors Of tie se0eyal Counties IN tkis
Commonwealth.
" HEREAS several Escheators have express
w sed doubts as 10 the manner ofexecuting
The duties appertaining to their Office for
the purpose OF obviatng these doubts and esta.
6lishlng uniform mode of proceeding, have
deemed it advisable TO make public through
The Press the opinion upon that subject of the
Board OF Directors of the Literary Fund, in
whom the proceeds OF Escheated Lands are
now vested by law ;-which is, that in cases
where the Escheator possesses Il personal
knowledge OF the necessary facts or of the evil
Idence by which they may be established, he is
not restrained from proceeding to hold his In
quest for want of notification from a Com
missioner OF the Revenue, or until a 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,'' Cpassed January
2ist, 1904 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 his Inquest, on receiving such infor-
nation from a Commissioner of the Revenue
or from any other person.-The Act "to A.
mend the several Laws concerning Escheats,"
lpassed February Ia, 1911, merely provided
that such information, from any person other
than Commissioners, shall be in tYrit;ng. and
upon O4fh or 1frmation.-But nc ithor OF these
Acts contains any negdtioe or brohi5itory words,
or In any respect dimlnishes the power and
authority OF an Escheator under the Act of
November 30th, 1881 to hold an Inquest
whenever lac may think it proper from his own
knowledge, or from lawful evidence to be laid
before his Jury when impannelled.
The Rnard of nirartor, 49, IL.
that fees for necessary copies of Deeds. wills.
Sc. procured by Escheators are proper charges
against the Commonwealth, payable, by order
OF the Executive, out of the contingent fund
but, IT the Executive should refuse TO allow
such charges, they would Certainly be paid. by
order ofthe President, out of the Literary Fund.
They do not, however, conceive it necessa-
ry, IN an Inquest of Escheat, TO trace on be-
nan oil the commonwealth the legal title back
TO the original grant.-Irinla fclcie evidence,
showing that the person last seized of the land
was in possession as tenant in tee-simple. and
that he died without any lawful heir, is suffici-
ent III the first placc.-Slch brio,a f;lcie cyi.
dence havrg been produced, the burthen of
PROOF then nes on the person claiming he
land to rebut the presumption in favour of the
Commonwealth
The several Escheators are earnestly exhor
ted by the President and Directors to be Jealous
and active IN performing the duties of their of
hce, in which they will be assisted by the
States Attornies, Cwhose duty it is to attend
their lnquests by the Agents for the Literary
Fund IN their respective counties, and by the
advice of the Board itself, whenever it NAV he
necessary.
is. BARBOUR, PREs1pENr.
Teste,
WIN. MUNFoRD, CLERK.
Richmond, July 81, 1912. At.