Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-04-23

Claimed, derived
Commonwealth which shall have been issued before
the passing If tins act, and wio shalt have discharged
all taxes duly assessed agans, such person persons,
upon such lands, and all taxes which ought to have
been assessed thereon, from the time when such per-
persons acquired his her their title thereto
whether legal or equitable.
10. And whereas II Is known to the General Assem-
bly,. that many cases. divers large trscts Of land have
been escheated to the Commonwealth, for of any
known heirs of the original grantee grantees tn
OF of persons claiming under them, and such lands,
by reason of such escheat. have become vested ac>
cordng Law, the President and Directors of the
Literary Fund, while the very time Of the escheat,
the same lands, pats parcels thereof, bona
fde claimed, held and occupied by numerous other
persons deriving title thereto, from, or under other
grants Of the Commonwealth, and having actually se;
tied and improved the same, anil discharged all
charged against them upon the lands so claimed held
and occupied by them and II IS reasonable and just,
that the titles Of such actual holders and bona hde
claimants of ands escheated should be quoted and
perfected SO far as the transfer to them Of the rights
vested in the said President and there
fore, subject the dsposition Of the General Assem-
bly,, may accomplish that object:
De it, therefore, further enacted, That all the right,
title and interest Of the sad President and Directors,
to any lands Except such shall be herein after
exoep,ed which have been or shall h. reatsr be vest.
81 in them, by Of eschest thereof for want
OF ROvo heirs Ut the original grantee grantees,
OF persons claiming from under them shall and may
be. in the manner herein after prescribed, transferred
to, and vested IN .ny and every person or persons
who were shall be, at the time Of escheat, in actual
possession AID occupation of the said eschested lands
part or parcel thereof, for much thereof
such person persons have just title claim to- c
gal equitable bona ide claimed, held and derived,
from under any grant Of the Commonwealth, issued
before the date Of the eschea and who shall have dis
charged all taxes duly assessed against him. her or
them, upon such lands and all that ought have
been assessed charged thereon from the time when
he she they, acquired his her their title thereto
whether legal or equitable
IL. And to the end, that fit and certain remedy
may be provided, For ascertanng tho rights Of any
such actual holders ind bona de claimants, sfore-
fnrI atcl1 8
Gel thereof, and for vestinS in, ari assuring to Them
all the right, title and interest, and the same
which have heretofore been vested by law, which,
by the provisions OF this act, SHALL may be hereaf>
terves,ed, in the President and Directors of the Ii.
terary Fund and also, for ascertanng the rights Of
such actoal holders and bona fide claimants afore
said of the said est heated lands of part par
Gel thereof, and for vesng in and assuring to them
all the right, title and interest of the said President
and Directors, in and to the said escheated lands:
he it, the fore, further enacted, That any such &C
tual holder and bona 6de claimant of any Of the
said forfeited lands. Of any of the ssd escheated
lands, or OF any part or parcel of either may prefer
his petition TO the Superior Court Of Chancery, hav-
ing jurisdiction the county wherein the said for
teited or escheated lands or the parcel of the same
held and claimed by the petitioner the greater part
thereof may lie, setting FORTH specially and precisely
all the facts, which, in the opinion Of such petitioner
entitie him, according to the provisions OF this act
herein above contained, TO have the right, title and
interest; ct the said President and Directors, in
the said forfeited lands the said escheated lands
the case may be- part parcel Of either trans
ferred to, and vested in the said petitioner in pursu
aHce of the provisions of this act stating and deduc
ing his own right ar title, legal equitable, to the
land by him claimed and held, exhibiting the ducoI-
mentary evidence Of such his right title and show
INK the local situation and quantity of the land BY him
claimed and held specifying Also far as the same
ERE known, the person persons, in whose name or
names, the lands held and claimed by him. stand for
feted for non payment Of taxes escheated in man.
ner aforesaid If the lands shall have been forfeited
for more than one delinquency, or escheated in more
than right, the several delnquencies for which for
FIXTURES shall have been incurred, the several rights
eschested, as the Gaze may be; finally setting forth
any other matters, which the petitioner may deem ma
teria to his case, and praying the Court to Decree
that all the right title and interest, of the said Pres
dent and Directors, in to the lands clximed and
held by him, shall be transferred to and vested in the
petitioner.
10. Such petition may be preferred in Court, or
fled at any time in the Clerks Office, and whenever
ii shall be preferred filed, it shall be forthwith
set down for hearing without further pleadngs and
without any proceedings at rules, but shall not be
heard, till the term next after it shall be preferred or
filed; nor shall such petition be heard, until copy
thereof shall have been served the Attorney for
the Commonwealth for the Superior Court of Law of
the County wherein the petition shall be preferred
and another copy served on the Second Auditor and
affidavit OF Oh service shall have been returned and
filed with the petition. at least month before the
hearing.
10. Any Agent Counsel of the President and Di.
rectors of the Literary Fund, may appear and defend
their interests in such lsnds and If there be no snch
Agent or Counse employed by them for the purpose
n.
monwealth to defend their interests.
L. When the petition shall be thus regularly pre-.
pared tor hearing the Court may and shall proceed to
consider the matter Of the petition upon the exhibits
filed with the same, and such evidence of witnrssc,
taken and filed according the Of edrnqs
IN Chancery as shall be adduccd for or against the
petitioner, and may order surveys, and direct issues tn
try the questions of fact. in its dscreon-and If uuon
the whole, the material facts forth in the petition
shall be satisfactorily proved to the Court, and the
facts so proved shall, in the opinion of the Court en-
title the petitioner, according the provisions of this
act to the decree prayed for in the petition the Court
shall thereupon declare AMI decree, that all the right
title and interest, of the said President and Directors
IN or to the lands mentioned and claimed in the pet
uon, De transferred to and vested in the petitioner
specifying in such decree the situation description
and quantity OF the land with al convenient and prac
ucable accuracy:-and IL upon the whole, the Court
sha be OF opinion, that the petitioner is not entitled
tothe decree prayed for in his petition it shall dismiss
The same:-Provlded that in either event, the peti.
TONER shall be decreed to pay all the Of the pro-
ceedIng IT, the said Court Of Chsnccry
Is. The SAID President and Dir,r,nrs rn,,, -. ....