Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-04-27


the passing at this act and who shall have discharged
all taxes. duly assessed against ich person persons
upon such lands, and all taxes which ought to have
bee assessed from the time when such per
son ar acquired his, her their title thereto
whether legal or equitable.
10. And whereas it is known to the General Assem-
bly,, that in many divers large tracts Of land have
been escheated To the eslth. for want of
known heir, of the original grantee grantees
by reason ut such eschcat, have become vested ac-
cordng to Law, in the President and Directors of the
Literary Fund, while the very time os the escheat.
the same lands, pats parcels thereof, bona
fde 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 $ reasonable and just
that the titles Of such actual holders and bona hde
claimants Of lands escheaed should be queted and
perfected Par the transfer to them of the rights
vested in the said President and Drectors-and, there
fore, subject to the disposition of the General Assem-
bly,, may accomplish that object;
BE 1T, ,herefore further enacted, That all the right
title and interest of the said President and Directors
to lands (exce such shall be herein after
exccped,) which have been shall h. reatter be vest
ed in them by of any escheat thereof for want
OF Known heirs OF the original grantee grantees, or
of persons claiming from under them, shall and may
be- in the herein after prescribed, transferred
to, and vested in any and every person persons,
who shall be, at the time Of escheat, in actual
I'd occupation OK the said esche sed lands
any part parcel thereof for much thereof,
such person persons have Just title claim to, le
gal equitable bona fde claimed, held and derived.
from or under any grant OF the Communicable issued
before the date of the esches and who shall have dis
charged all taxes duly assessed against him. her
them upon such lands and all taxes that ought to have
been assessed charged thereon from the time when
he, she they acquired his, her their title thereto,
whether legal equitable
IL. And to the end, that fit and certain remedy
may be provided, for ascerainng the rights OF any
such actual holders and bona hdc claimants, afore-
said, of the said forfeited snds, of any part par
eel thereof, and for vestng in and 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 herea
ter vested, the Preside Mt anu Directors of the Lis
erary Fund and also, for ascertalnng the rights Of
such actual holders and bona fde claimants afore-
said, of the said escheated lands of part par
eel thereof, and for vcsng and assuring to them,
all the right title and interest of the said President
and Directors in and to the SAID escheated lands:
Be it, therefore, further enacted, That such &C.
tusl holder and bona fde claimant of any of the
said forfeited lands. of any of the SAID escheatrd
lsnds, of any part parcel of either, may prefer
MS petition TO the superior Court OF Chancery hav
ing jurisdiction the wherein the said for
eited escheated lands, the parcel of the same
held and claimed by the petitioner, the greater part
thereof, may he setting forth, specially and precisely,
all the facts, 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 in to
the said forfeited lands the said csche lands as
the may be, any part parcel of either trans
erred to, and vested in the said petitioner pursu
ing his own right title, legal equitable, to the
land by him claimed and held, exhibiting the docu.
menary evidence of such his right title and sho "
nt the local situation and quantity of the land b, him
claimed and held specifying also, far as the Same
ere known, the perfon persons, in whose name or
names, the lands held and claimed by him. stand for
eited for payment of taxes, escheated in man
said or If the lands shall have been forfeited
for more than delinquency escheated in more
than right, the several denquc nces for which for
FIXTURES shall have been incurred the several rights
PSr fHA G. +
! any other matters, which The petitioner may deem ma
terial to his case, and praying the TO decree
that all the right title and interest," of the said Presi.
dent and Directors, in or to the lands claimed and
held by him. shall be transferred and vested in the
petitioner.
| IL. Such petition may be preferred in Court, or
hied at any time in the Clerks Office, and whenever
1t 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 after it shall be preferred or
filed; nor shall such petition be heard, until a 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 ST CHI service shall have been returned and
filed with the petition at least month before the
hearing.
/ IS. Any Agent or Counsel Of the President and D
rectors OF the Literary Fund, appear and defend
their Interests in such lands and If there no such
Agent or Counsel employed by them for the purpose
II shall be the duty Of the said Attorney for the Com
monwealth to defend their interests.
IL. 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
h'ed with the same, and such evidence Of witnesses
taken and filed according to the of proceedings
IN Chancery, shall be adduccd for or agans, the
petitioner and may order surveys, and direct issues to
try the questions of fact in it, dscre,on-and IL upon
the whole, the material facts set forth in the petition
shall be satisfactorily proved to the Court and the
facts so proved shall in the opinion Of the Court en-
tile the petitioner, according to 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
~ or TO me lands mentioned and claimed in the petit
ton, be transferred 10 and vested in the petitioner
specifying IN such decree the situation, description
aud quantity ot the land, with all and prac
hcAbe accuracy:-and It upon the whole, the Court
SHAH be OF opinion, that the petitioner is not entitled
othe decree prayed for ia his petition, it shall dismiss
the sane;-Provided that in either event. the nett.
toner shall be decreed pay all the costs of the pro
ceedlnB IT, the said Court Of Cbancery.
Is. The SAID President and Directors may, at any
time within one year after such decree as aforesaid
shall be pronounced pray appeal from the same To