Virginia free press & farmers' repository. [volume] (Charlestown, Va. [W. Va.]) 1827-1832, 1831-05-19

4
vested by law. or Which. BY the provisions
Of this set. shall, or msy be heresfsr vested
in the President aud brectorsof the Lite ra-
I ~ Fund; aud also. for s>eerisiaing the righis
/ OF surh actual holders and bona bde clam.
j snis as aforesaid. of the said esrheS'sd
! lands. or Of any part or parcel thereof, "hr
1 FOR vestipg "a and assuring To them, ell tn.
ricb,. title. end interest of the ssid Presi
dent md Dree tors, IN and TO The said es
4 cheated lands.
4 Bs IN. ikeTrtore. further encoisd, That any
such actual holder and bona hide ciaimsDi
OF any Of the ssid forfeited lands, or OF any
Of TIA. said sschested lands. or o: any part
or parcel Of either, may prefer his petition
4 TO The Superior Court Of ChaDceTy, having
Jurisdiction over the county wherein The
said forfeited ar eschea,ed lands, or the par
eel of the same, held aud claimed by the
Y petitioner. or the greater part thereof, Ma,
lie, setting forth. specially and precisely. ali
the fscts, which, 10 the opinion OF such pc
iiiioner. entitie him, according 10 the pro-
visions Of this act, herein shove contained,
TO have the right. title. and interest OF the
said Pre,ident and Directors. m or 10 the
> ssid forfeited lands. or the snid escheated
lands. As The case may be. or sny pari or
parcel Of either. transferred TO, aud vested
IN The s3id petitioner. IN pursuance oi The
provisions Of this act, stating and dedOcing
hts own right or title, legal or equitable. To
the land by him claimed md held. EXHIBIT
ing the documentary evidence OF such he
right or title and showing the local srus-
ton and QUANTITY Of the lead by him claim
ed and held, specifying also. go lar as The
same are known, the person or persons, IN
whose name or names, the lands held and
claimed by him, stand forfeited for non
pa,mrn, OF taxes, or escheoteJ ~ manner
; aforesaid. OF, 81 the lands shall have been
forfeited for more han one delinquency, ar
L a.. cd in u,ore hnp OOe r,vhf The
. raj de Iinquencies for which forfeiiures shall
4 have bern incurred. or the several rights
escheaied, as tho case nav be; hnsll, set
, ting forth an, Other matters whirh the Pc
4 tiiionrr may deem material To HIS ease and
praying the court TO decree that all the
right, title aud interest. OF the said Press
, dent and Directors. IN or TO the Isndt
;, CLAIMED and held b, ham, shall be transfer
: red 10 and vested IN the petitioner.
= ~. Such petition may be preferred ~
court, or filed al any time in the clerks Of
fee; and whenever IL shall he so preferred
: or fled, IL shall be forthwith Sc, down for
hear,ng. without further plesdIngs. snG
e without any proceedings at rules, but shall
: not be heard, Till the tcTmneNi after IL shall
: be preferred ar fied; nor shall such petition
. he card, until q cop, thereof shall have
, been served GU tho Attorney for tho Com
Z monwcalih, for the Superior Court of Law
y of the corn,, wherein the petition shall be
: preferred. aid another copy served On III.
n Second Auditor ard affda,i, Of such service
J. shall have been returned spd filed with the
: petition, at least one month before the hear
ing.
d -. Any agent OF counsel OF the Prcsideni
! and Directors Of the Literary Fund, ia - '
d appear and jesend ihcir Interests in such
: IHnd>; ard II there be no such agent OF
r counsel employed bS them for the purpose
z II shaft be the duty Of the said attorney foI
al A a ~.
Ia When The petition shall DC thus regu
u larry prepared for hearing, the court ma /,
" sud shalt proceed TO consider The matter al
u the petition, upen The exhibits filed " it'll The
o some, and such evidence OF Witnesses, la
}, ken and filed according 10 the course of pro.
ceediDgs ~ chon'eTt, b. shall BE pddured
for or against The pc iiiioner, and ma, order
j. surveys, and direct issues TO try the ques.
4, tons Of fact, IN Ills di.cretion-aDd &c upon
70 the whole, the material facts set forth m The
j.. petition shall he ssiIsfaciorIl proved TO the
r court, and ihc facts so proved shall, in tn.
6 opinioR Of the court, epiitle the petit ioner.
I according TO tb. provisions Of this act, TO
T. the decree prayed for in the petition. The
}. court .h3li ihcTeupon declare and decree.
O that all the right, title. and interest of M.
. SAID President snc Directors. in or TO the
) LANDS M niioncd md claimed IN the pttl-
+ ton, be transferred tn and Vestrd in the Pc
d uiioDcr, specifying ~ such decree The situ-
o alton, descriptions, and quantity 81 The land,
. VIII ell convenient sud practicable sccurs
: cy-snd Il upon the whole, the court shall
. he OF opinion. that the petitioner i. not = n
7, titled to the decree PRAYED for n his n, IT,
ton. u shull dismiss the same: Provided
iha' IN either event the pe'ioner shsH he dc.
creed TO pay oil the costs OF the proceeding
! "a the said courI OF cbaneery
: Is. The said President aud Directors nav.
? al any lime within ore year after such de-
-.
an apPeSi from the same to the Court Of Az.
prAis. m like manner q, appeals NAV be
rf5yed from other DEGREES "a Chancerv; mud
the Court Of Appeals msy review, snd 81
hrm cT reverse such decree as 20 u shalt
secm Ius' j shaft decree costs 10 the "a 20
President aid Directors. IL the decree hail
be reversed. bat sh,Il not decree cost D.
. gainsi a., IA IL the ssmr he shirmsd
l6 If no appssl rhsll be PRAYED fTon,
such decree oi the supreme Court ~ Chan.
c~rS. within the .std term 81 one wear alter
ne same SHAFT he Pre- Doupccd, or sf upGn
such appeal taken. the decree shall br Of.
'hrmcJ. ~ either case oil The right. iitl. and
interest of The President and Directors o.
he Literary Fuut, ia or to toe land. claim.
ed b' The petitioner, shall he by free Of
such defreee. Transferred Ia snd vested IN
nm. IN like manner as if Tive sane were
conveyed to him by deed or grant; Provided
hat 30 case Of any controversy arising BE
tween any person or persons To and in
whom the right. title. and interest 81 the
Prcsidcnt md Directors of the L,ierar,
Fund shall be transferred and vested. an
tpnrsusbce Of the provisions Of this act and
s"s other person or persons bons ids clam.
Ihe t"s same Isuds, msd'sislJ or imusdi.
fa'.y "Hnsr grants from The eSnmonu esItb
30" ha''rg h.d the same dni, entered on
'hr boon, - ihs CSa.missioreFs 81 The p,.
,uue' ann hs''"s Ps'j and discharged snI
i9Nfs ibeTcnp"n ehnfgsd and iudgsdebatg..
nhIe agsin'i him b. fore thc rig,t t,tir a.,
i'rierest of he ssid Fiesiasnt and D,r.c,,,.
hall have been 90 tf3asiefred ia ana xe.,.
80 "a The adverse party The person sr Ter.