Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-05-06


he passing OF this act, and wis shall have discharged
III taxes. duly assessed against ach person OF persons
'pon such lands, and all taxes which ought 10 have
'een assessed thereon from the time when such per
ION or persons acquired his her or their lille thereto
whether legal or equitable.
10. And whereas IL is known to the General Assem-
oly, t- III rHny cases, divers large Of land
)eCn eSc'eateG the Conmonw cal,h for want any
known heirs of the original grantee grantees TIN
Of, or ct persons claiming under them, and such lands
by reason ct such escheat. have become vested
cordinE TO law, the President and Directors of the
Literary Fund, while ut the very time OF the cschca
the same lands, or parts parcels thereof bona
hide 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 claimed held
and occupied by them; and it is reasonable and just,
mat the titles OF such actual holders and bona fde
claimants OF ands eschcatcd should be queted and
perfected SO far as the transfer them of the rights
vested IN the said President and Directors-and there
tore, subject to the disposition of the General Assem-
bly,, may accomplish that object:
BE IT. therefore, further enacted, That all the right,
title and interest of the said President and Directors
or 10 any lands Except such shall be herein after
excepted) which have been shall II, reattcr be
ed IN them by of any escheat for want
OF knuwn heirs of the original grantee or grantees or
o persons claiming from or under them, shall and may
be- IN the manner herein after prescribed transferred
to, and vested IN any and every person q persons,
who were shall be- at the time of escheat actual
possession aid occupation of the said esche ed lands
or any part parce' thereof for much thereof
such person persons have just title claim to, e
gal equitable. bona file claimed held and derived
from or under any grant OF the Commonwealth, issued
before the date OF the esceat, and who shall have dis
charged all duly assessed az sinst him, her
them, upon such lands and all that ought TO 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 ascertan,ng the rights of any
such actual holders and bona ile claimants as afore.
tl or pf AZ orr
eel thereof ana FOR vcstng in, 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 Lii,
terary Fund and aso for asceraining the rights IF
such actual holders and bona tde claimants aforc-
sad ot the sad escheated lands of any part par
Gel 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 escheatcd lands;
BE H. therefore, further enacted That any such &C.
tual holder and bona fde claimant of any of the
said forfeited lands, of any of the said escheated
laos or ot any part or parcel OF either, may prefer
his petition TO the Superior Court of Chancery, hav-
ing jurisdiction over the county wherein the said for
te"d or escheatcd la ds, 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 petitioner
enttle 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, the said escheated lands as
the case may be- part parcel of either trans.
TERED TO, and vested in the SAID petitioner 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.
mentary evidence of such his right title and sho W.
my the local situation and quantity of the land BY him
CLAIMED and held specifying also so far the same
ere known, the person persons, in whose name or
names, the lands held and claimed by him. stand for
teited for non payment of taxes eschea,ed in man.
ner aforesaid If the lands shall have bee forfeited
tor more than delinquency, or escheated in more
than one right the several delnque for which for
textures shall have been incurred, the several rights
escheated, as the may be- finally setting forth
any other matters, which the petitioner NAV deem ma
terls to his case, and praying the Court to Decree
that all the right title and interest, of the said Pres
dent and Directors in or to the lands cuimed and
held by him. shall be transferred and vested in the
petitioner.
IL. Such petition may be preferred in Court or
hed at any time in the Clerks Office and whenever
shall be SO preferred filed, it shall be forthwith
set down for hearing, without further pleadngs and
without any proceedings at rules, but shall no, be
heard, till the term after shall be preferred or
hled nor shall such petition be heard, until a copy
thereof shall have beOn served on 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 ch service shall have been returned and
hled with the petition, at least month before the
hearing.
IS. Any Agent or Counsel Of the President and Di.
reetors OF the Literary Fund.- may appear and defend
their interests in such lands; and if there he no such
Agent or Counsel employed by them for the purpose,
IT shall be the duty of the SAID Attorney for the Com
monwealth to defend their interests.
Ii. When the petition shall be thus regularly pre
paredfor 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 filed according TO the Of proceedings
N Chancery, shall be adducr for or against the
petitioner, md may order surveys, and direct issues 10
Try The questions Of fact, IN its dscreon-and if upon
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 to the provisions of this
act to the decree prayed for in the petition the Court
shall the-eupon declare AMI decree, that all the right
title and interest, Of the said President and Directors
IN or 70 the lands mentioned and claimed in the pet
ton be transferred TO and vested in the petitioner
specify ing in such decree the situation, description
and quantity of the land, with all convenient and prac
ncabie accuracy:-and If upon the whole, the Court
shall be OF opinion, that the petitioner is not entitled
tohe decree prayed for in his petition, il shall dismiss
the same;-Proyided that in either event, the pet.
toner shall be decreed pay all the costs of the pro-
ceednB r the said Court of Chancery.
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
the Court OF Appeals IN like manner as appeals NAV
be prayed from other DEGREES N Cbancerv. and Tho