The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1827-04-03

thereof SO claimed or derived, from all the ar
rears of taxes and the damages due thereon,
anterior TO the date OF such purchase, escep SO
much as the balance of the purchase money re-
naming unpaid, will be sufficient to discharge.
Andthe complainant may take a copy fthe re-
cord, atiested by the clerk, and file the same
with the Auditor Of Public Accounts. who shall
correct the delinquent lists in his office accord
ngy. But no judgment shall be rendered ex-
cept 10 the presence of the attorney for the com
monwealth, OF some other attorney appointed
by the court, to defend the interest of the COM
monwesIth. ifthe application shall fail, ljudg-
ment shall be rendered against the applicant,
aud he shall be adjudged TO pay costs, including
an attorneys fee, which shall not exceed one
dollar and twenty five cents, when the sum in
controversy is less than twenty dollars No
Judgment, rendered IN favor OF such applicant,
shall be of any validity unless il appear on the
record, that the attorney for the commonwealth
or the attorney appointed as aforesaid, appear
ed to defend the application.
Q. II any person, claiming to any tract or lot
of land. returned delinquent for the nonpay-
ment OF the taxes thereon, or to any part OF such
tract or lot, at any time before lie FIRST dayofd-
prii, one hoHsand eight hU1idred nnd treaiy-
eight, shall shem, by satisfactory evidence 10
the court of tue county or corporation in which
be IN arrear and due thereon, are not SO in ar
rear on due, entertaining been erreneously char
ged on the boots OF be commissioners. on having
been actually paid il shall be the duty OF the
court, under the limitations, lDJunctions and
conditions contained iutbe preceding provisions,
to render judgment generating such land or
lot, or the part thereof so claimed from the tax
es so enormously chuaged thereupon, or so
having been actually paid, or not so due and in
artear. If any application for such judgment
shall fad, judgment shall be rendered against
the applicant and he shall be adjudged to pay
costs, including an attorney fee, not TO exceed
one dollar and twenty five cents, when the sum
in controversy Is less than twenty dollars. When
ever any tract or lot of land shall be exonerated
from the taxes due thereon, because ofits hav-
ing been enormously charged ON the books
OF the commissioner, it shall be the duty of the
court so generating such land, to certify
The same TO the commissioner OF the revenue or
whose book said land may he charged who shall
correct the error according to such certificate
aud the complainant may take copy Of the re-
cord, attested by the clerk, aud file toe same
with the Auditor OF Public Accounts. who
shall correct the delinquent lists III his office ac-
cordngly.
3. A further time. until the first DAY of .TtiU,
one Ri0ltsa1d eighi hundred nndtlOentV eight shall
be and the same is hereby allowed, for the re-
dcmptiOn Of lands 4 lots, vested lnthe President
~ Directors otthc Literary Fund for thenon-pay-
ment of the tlxesdue thereon; which redemption
shat he made on The warrant otthe Auditor ofPul-
lie Accounts by the payment into the Treasury of
the taxes due on such lands or lots, at the time
OF their vesting in the President and Directors
oil the Literary Fund, and the damages pre-.
Scribed by law, together with a further sum for
each year, from the timt OF their vestina as A.
foresald IN the iilnc ofredemptiou ep1al 10 the
last annual tax imposed thereon, with damages
on each oil the SAID sums, at the rate often Der
ccntum per annum from the fsst day OF Nov
IN the yea OF which II accrues, until naid Pro-
vlded nevertheless, That if any such lands or
lots, 50 vested in the President & Directors of
the Literary Fund, SHAH have been re.asscssed
under the act, entitled an act, for aIranoInp the
counties INFO districts for the election OF SEM
tors aud for aqnalising the land tax passed Feb
ruary tue eighteenth, eighteen hundred and Sc.
Vehieen, and the several acts amrndatory of said
act, the taxes shall he charged AT the rate of each
year respectively, according To such re-assess-
ment up 10 the time of redemption, and the Au-
ditor shall give credit for all ia es which shall
appear TO have been paid upon such lands or
lots, OF any part thereof according 10 such re-
assessment And provided also, That where
Suc.f lands shall not have been re.assessed I'M
der the acts aforesaid, II shall be lawful for the
owner OF owners thereof, al his. her OF their pro-
per cost, and chaI ges to have the same re.assess
ed by applying to the court corporation. in
winch such lands or lots may be situated TO an
point two more commissioners who shall
proceed TO value the same, and report such val
patton to the court, by whom it shall be certified
to the Auditor CT Public Accomts-and the An
ditor shall charge the arrearages upon sucb
i IL 10 rfi,.
such valuation up TO the time of redemption
The commissioners in making such valuation
shah AXE into view the value OF such lands and
lois with Improvements, as they stood in the
year eighteen hundred and seventeen
| 4. Whereas il is represented to the General
| Assembly, That in many cases, lands vested IN
! the President and Directors of the literar,
Fund, for the non-pa9 ment of the taxes due
thereon, are held by persons claiming under
! grants from the Commonwealth, bearino date
prior to the time OF then vestng as aforesaid
which lands have been settled d improved at
considerable labour and expense. and il is rea
sonabe and just, that IN all such cases the tides
OF such claimants should be quoted and pertec
ted, so far as they may be affected by any right
now vested in the commonwealth.
| he it therefore enacted, That all rieht 6;lp
and interest which the President and Directors
of the Literary Fund, may or can have 10 any
lands or lots. vested in them for the nou-pay.
ment OF the taxes dine thereon, which shah aot
be redeemed according 10 the provisions of this
] act, shall be and the same is hereby rcpatisbed
/ 80 and vested in such person or persons. as NAV
! have good legal or equitable title thereto. beld
or derived under a grant from the common
wealth, bearing date prior to the time of said
lands, vesting in the President aud Directors of
the Literary Fund who previous to the passare
ofths act, may have settled and improved the
lands claimedb by them, OF who derive title nm
der some person having thus settled and i'm
proved said lands But. no person shall be en-
titled TO the benefit of this provision, who shall
not, before ttc frs, day Of December. one thou
sand tight haRdred and iceuh.nigt. nav into
the Treasury on the proper warrant of the Au-
ditor OF Public Accounts all taxes due upon the
lands claimedby him, either in his own name. or
the naiae OF those under whom he may claim IT,
tie, or by the person or persons in whose name
or riGat the same was forfeited or such por-
ton thereof as the land so claimed ourht TO be