Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-05-10

for much thereof. as such person persons shall
have just title claim to, legal equitable, oonahde
claimed, derived and held under any grant OF the
Commonwealth, which shall hI been issued before
the passing of this ac, and who shall have discharged
all taxes duly assessed against sach person or 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 it is known to the General Assem-
bly,, that in cases, divers large tracts OF land have
been escheated to the Commonwealth for want Of any
known heirs of the original grantee grantees there
OF of persons claiming under them, and such lands,
by reason OF such escheat. have bec"me vested &C
cordng to law, in the President and Directors OF the
Literary Fund, while at the very time OF the esceat
the same lands, parts parcels Thereon, we're bona
Ide claimed, held and occupied by numerous other
persons deriving, title thereto, from, or 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 SO claimed held
and occupied by them; and is reasonable and Just
that the titles Of such actual holders and bona de
claimants of lands so esceated should be quoted and
perfected far the transfer TO them OF the rights
vested in the said President and DrectOrs-and, there
tore, subject to the disposition OF the General Assem-
bly,, may accomplish that object:
Beit therefore, further enacted That all the right,
te and interest of the said President and Directors,
IN or to any lands Except such as shall be herein after
eXcepted which have been or shall H. reaer be vest
ed IN them by of escheat thereof for want
OF known heirs of the original grantee grantees,
on persons claiming from under them, shall and may
to, and vested in any and every person persons,
who were shall be, at the time of eschea in actual
possession aid occupation of the said eschested lands,
or any part parcel thereof for much thereof,
such person persons have Just title claim to, le-
gal equitable, bona iide claimed, held and derived
from or under any grant Of the Commonwe alth issued
before the date of the escheat and who shall have dis
charged all taxes duly assessed against him, her or
them, upon such lands and all taxes that ought have
been assessed charged thereon from the time when
ne she or they, acquired his her or their title thereto,
whether legal equitable
IL. And to The end, that a cit and certain remedy
may be provided, for ascerain,ng the rights of any
such actual holders and bona fde claimants, afore-
said, of the said forfeited lands, of any part par
Gel thereof, and for vestng and assuring 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>
ter vested in the President and Directors of the Liz
terary Fund and also, for asceraining the rights Of
such actual holders and bona fde claimants as afore-
said, of the said heated lands of any part par
eel thereof and for vesting in and assuring 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 any such &C.
tual holder and bona f:de claimant of any of the
said forfeited lands, of any of the said escheated
lands, of any part parcel of either NAV prefer
his petition to the Superior Court of Chancery, hav-
ing jurisdiction over the county wherein the said for
feited escheated 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 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 or to
the said forfeited lands or the said escheated lands
the case may be, any part parcel of either trans
ferred to, and vested in the said petitioner in pursu
ance Of the provisions of this act, stating and deduc-
ing his own right title legal equitable, to the
land by him claimed and held, exhibiting the docu-
nentary evidence OF such his right title, and show
INF the local situation and quantity of the land BY him
Claimed and held specifying aisu far the same
n ne ,yi,rp
names, the lands held and claimed by him. stand for
feted for payment of taxes, escheated in man.
ner aforesaid, if the lands shall have been forfeited
tor more than delinquency, cscheated in more
than right the several denquencies for which for
FIXTURES shall have been incurred the several rights
escheated, the may be; finally setting forth
any other matters, which the petitioner may deem ma
terlai to his case, and praying the Court 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 to and vested In the
petitioner.
IL. Such petition may be preferred in Court, or
filed at any time in the Clerks ofice and whenever
it shall be 50 preferred filed, it shall be forthwith
set down for hearing. without further pleadings, and
without any proceedings at rules, but shall not be
beErd, till the term next after shall be preferred or
hledj shall such petition be heard, until COW
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
hed with the petition, at feast month before the
hegring
ID. Any Agent or Counsel Of the President and Di.
rectors of the Literary Fund, may appear and defend
their interests in such lands; and if there be no such
Agent Counsel employed by them for the purpose
1t shall be the duty Of the said Attorney for the Com.
monweath 70 defend their interests.
II. 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
filed with the same, and such evidence of witnesses
taken and fled according the course Of proceedings
in Chancery, as shall be adfuced for Or against the
petitioner, and may order surveys and direct issues to
try the questions Of fact, dIscretion-and it upon
the WHOLE the material facts set forth in the petItuD
shall be satisfactorily proved the Court and the
facts proved sha IN the opinion of the Court ems
title the petitioner, according to the provisions of this
act to the decree prayed for the petition the Court
shall thereupon declare AMI decree, at all the right
title and interest," of the said President and Directors
in to the lands mentioned and claimed in the pet-
ton, be transferred 10 and vested in the petitioner
specifying in such decree the situation, description
and quantity of the land, with al! convenient and prac-
ticabe sccurscy:-and if upon the whole, the Court
shall be OF opinion that the petitioner Is entitled
10 the decree prayed for in ms petition, it shall dismiss
the same:-Proyded that in either event, the petit
toner shall be decreed pay all the of the pro-
ceedug IL. the said Court of ChanceTy.
Is The said President and Directors may, at auy
time within one year after such decree aforesaid