Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-05-10


been assessed thereon, from the time when such per
acquired his her their title thereto
whether legal or equitable.
10. And whereas IL is known to the General Assem-
bly,, that IN many cases, divers large tracts Of land have
been cschcatcd to the for want of any
known heirs OF the original grantee grantees there
Of or OF persons claiming under them, and such lands
by reason Of such cscheat. have become veated ac-
sprding to iaw, in the President and Directors OF the
literary Fund.- while at the very time OF the escheat.
the lands, parts or parcels thereof, bona
hde claimed, held and occupied by numerous other
persons deriving title thereto. from. under other
grants OF the Commonwealth, and having actually set
tied and Improved the same, and discharged all taxes
charged against them, upon the lands claimed held
and occupied by them; and IL in reasonable and just
that the titles of snch actual holders and bona 6de
claimants Of lands eseheaed should be qne,ed and
perfected 50 far the transfer tn them Of the rights
vested in the said President and Dreotons-and, there
fore, subject to the disposition Of the General Assem-
bly,. may accomplish tina, objsct:
BE II, therefore, further enacted That al the right
title and interest Of the said President and Directors
in or to any lands Except such shall be herein after
e1cepted) which have been shall h reafter be vest
cd IN them by reason OF any eseheat thereof for want
OF known heirs OF the original grantee grantees
OF persons Ginning from or oder them, shall and may
be, IN the manner herein after prescribed. transferred
to, and vested IN any and every person persons.
who shall be, at the time Of escheat in actual
possession and occupation Of the said eschcsted lands
or any part parcel thereof for much thereof,
such person persons have Just title claim TO, ic
gal or equitable bons hde Claimed held and derived
from under any grant OF the Commouw cath. issued
before the date Of the eschea and who shall have dis
charged NIL taxes duly assessed against him, her or
heu upon such lands and all that ought to have
been assessed charged thereon, from the time when
be, she they, acquired his, her or ths title thereto,
whether legal or equitable
IL. And to the end, that q 6t and certain remedy
may be provided for ascer,sinny the rights of any
such actual holders and bona fde claimants, aforc
said OF the said forfeited lands Of any part
eel thereof and for vcsting In end assuring to them,
all the right title and interest, IN and to the same,
~hch have heretofore been vested by lay, which,
BY the provisions of this act, SHALL may be hereaf>
ter vested, in the President and Directors of the Liz
terary Pund and also, for ascer,ainng the rights Of
such actual holders and bona fide claimants aforc
sad Of the said escheated lands of any part par
eel thereof and for vestng in and assuring to them,
all the right, title and interest of the said President
and Directors, in and TO the said escheatcd lands
Be ii, therefore, further enacted That any such
,nsl holder and bona fde claimant of any of the
said forfeited lands. of any of the said escheated
lands, or any part parcel of either, may prefer
his petition to the Superior Court of Chancery, hav-
ng jurisdiction over the county wherein the said for
feited eschea,ed lands, the parcel Of the same
held and claimed by the petitioner the greater part
thereof may lie, setting forth, specially and precisely
all the f3cts, which, in the opinion of such petitioner,
entitle him, according TO the provisions Of this act
herein above contained, to have the right, title and
interest, of the said President and Directors, or to
the said forfeited lands the said eschcaed lands,
the cage may be- or part parcel of either,
erred to, and vested in the said petitioner. pursu
ance Of the provisions OF this act stating aud dcduc-
mg his right title, legal equitable to the
land by him claimed and held, exhibiting the docd-
menary evidence of such his right title, and
pE the local situation and quantity OF the land by him
Claimed aud held specifying also, far tho same
Pre- known, the person persons, IN whose name or
Names the lands held and claimed by him, stand for
eited for pay OF taxes, esche in man.
ner aforesaid, the lands shall have been forfeited
for more than one delinquency, escheatcd in more
than one right the several dehnqnences feT which
FIXTURES shall have been incurred, the several rig
escheated. tho may be. finally setting forth
my Other matters, which the petitioner nray deem ma
teriai to his case and praying the Cont to decree,
that al the right, title and interest, of the said Presi.
deot and Directors, in sr to the lands cisimed md
held by him. shah be transferred to dpd vested IN the
petitioner.
IL. Such petition may be preferred IN Court, o.
hled at any time in the Clerks Office; and whenever
it shall be SO preferred filed, il shall be forthwith
Set down for hearing, without further pleadings ard
without any proceedings at roles. but shall not be
heard til the term after il shalt be preferred or
filed, nor shaIl snch petition be hearL until copy
thereof shah have beon pzvcd the Attorney for
the Commonwealth, for die superior Court Of Law uf
the County wherein tho petition sf1al be preferred
and suother copy served on the Second Aaditor arl
affidavit Of ch service shah have been returned and
fled with the petition at ean month bsforo the
hetrng
-. Any Agent Counsel Of the President and Di.
reciorz OF the Literary Fund, may appear and defend
their Interests in ach lands and if the re be no such
Agent or Counsel employed by them for the purpose,
1t shall be the duty OF the id Attorney for the Com
monweal,h to defend their interests
ID When the petition shall be thus regularly pre-.
pared for hearing, the Court may and shall proceed to
consider the matter Of the petition, upon the exhibits
flied with the same, and such evidence of witnesses,
taken and filed according to the Course Of proceedings
in ChsnceFy, shall be sdtiucrd Cor or against the
petitioner, and may order sveys and direct issues to
try the questions Of fact its dscretion-and Il upon
the whole, the material facts forth in the petition
sall oe satisfactorily proved to The Court, and the
ts so proved shall, IN the opinion oil Che Court,
title the petitioner, according the PROVISIONS of this
act to the decree prayed for in tho petition the Court
san the-eupOn declare AMI decree rsI all the right
title and interest, OF the said President and Directors
In or to the lands mentioned snd claimed IN te pet-
ton, be transferred 10 and vested in tho petitioner
specify ing in such decree the situation, description
and quantity Of the land with al convenient and prac-
ucabie sceuracy:-and it upon the whole, the Court
Shall be at opinion, That the petitioner Is entitled
prayed for IN hrs petition, il gha dismiss
the same:-PToyIded that in either event, the petit
Toner shall be deereed to pay all the of the pro-
eeeding IT, the said Court " ChanceJy.
IS. The said President and Directors may, at any
time within one year after suct decree as aforesaid
shall he pronounced. pray appeal from the same
the Court OF Appeals, ~ like manner appeals may
be prayed from other DEGREES in Chancery; and lie
Court OF Appeals msy review, aud affirm or reverse
such deer ~ TO shall seem jus, and Snail de