Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-05-13

een assessed thereon, from the time when such per-
ON or acquired his her their lille thereto
whether legal or equitable
10. And whereas 1t is known tn the General Assem-
bly, tatin Wany cases, divers large of ,snd have
been eschea,ed to the calih for want Of
known heirs of the original grantee grantees t
Of or OF persons claiming under ;he, and such lands,
by reason ct such eschea,, nave become vested
cordug To law in the Prcsde and Directors of the
Literary Fund, while at the very time oS the cschca
the same lands parts parcels thereof were bona
iide claimed, held and occupied by numerous other
deriving title thereto from, ar under other
grants of the Commonwealth, and having actually set,
tied and improved the same, and discharged all taxes
charged against thcm upon the lands claimed, held
and occupied by them; and is reasonable and Just,
that the titles of such actual holders and bona hde
claimants of ands cscheaed should be luicted and
perfected far the transfer them of the rights
vested in the said President and Drcctorsand, there
fore, subject to the disposition of the General Assem-
bly,, may accomplish that object:
BE therefore, further enacted, That all the right
title aud interest oftae SID President and Directors
IN or To any lands (excep sue. shalt be herein after
cNccped,) which have been or shall H. rcater be vest
ed in them by of any eschea thereof tor
u known heirs Of the original grantee grantees
of persons claiming from under thcm shall and may
be, IN the manner herein after prescribed transferred
to- and vested in sny and every person or persons,
who shall be, at the time OF cscheat, in actual
possession I'd occupation of the said eschc lands
or any part or parce thereof, tor so much thereof,
such person persons have Just title claim To, le
gal or equitable bona fde claimed held and derived,
from or under any grant otahc Commonwea h. issued
charged all taxes duly assessed against him. her
them, upon such lands and all taxes that ought 10 have
been assessed charged there on, from the time when
he, she they, acquired his her their title thereto
! whether legal or equitable
IL And to the end, tina, fit ana certain remedy
may be provided, for asccrtsinng the rights OF any
such actual holders and bona fdc claimants atore
said, Of the said forfeited lands, of any part par
eel thereof and for vcsting in and assuring to them
all the right, title and interest, and TO the same,
which have heretofore been vested by law, which,
Z Ot nc De hCreai~
ter vested III the President and Directors OF the liz
terary Fund and also, for asccrtainng the rights Of
such actual holders and bona ide claimants rs afCrc
said, of the said esohescd lands Of any part par
Gel thereof and for vesug in and assuring TO them,
all the right, uue and inereS; OF the said President
and Directors, IN and 10 the sad escheated lands:
Be il, therefore, further enacted, That any such
;ual holder and bona fide claimant OF any of the
said forfeited lands OF any of the said escheated
lands, or of any part or parcel of either may prefer
his petition TO the Superior Court oil Chanccry hav
Ing jurisdiction over the county wherein the said for
feited escheated L. ds the parcel of the same,
held and claimed by the petitioner the greater par,
thereof, may lie, setting FORTH specially and precisely,
all the facts which, in the opinion of such petitioner,
entitle him, according the provisions OF this act,
herein above contained, to have the right title and
interest, OF the SAID President and Directors in
the said forfeited lands, the said escheated lands
the case may be, or 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 right title, legal equitable, to the
land by him claimed and held exhibiting the docu-
mentary evidence of such his right iile and show
i'm the nca situation and quantity of the land by him
claimed and held specifying also sn 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 paymen; of taxes esc!eated, in man
ner aforesaid or If the lands shall have been forfeited
Tor more than delinquency, or eschea,ed in more
than one right the several denquences for which for
textures shall have been incurred or the several rights
escheated, as the may be; finally setting forth
any other matters, which the petitioner may deem
terial to his case, and praying the Court 10 decree
sIa.f, ,NI,
dent and DIRECTORS, in to the lands claimed and
held by him, shall be transferred 10 and vested in the
petitioner.
II. Such petition may be preferred in Court or
fled any time in the Clerks Office; and whenever
it shall be preferred filed, il shall be forthwith
set down for hearing, without further pleadngs and
without any proceedings at rules, but shall not be
heard till the next after it shall be preferred
filed; shall such petition be heard until ppy
thereof shall have been served on the Attorney cor
the Commonw allh for the Superior Court OF Law e
the County wherein the petition shall be preferred.
and another copy served the Second Auditor, and
affidavit of stch service shall have been returned and
hrd with the petition at least month before the
hearing.
Is. Any Agent or Counsel Of the President and Di.
rectors OF the Literary Fund, may appear and defend
their interests in such lands; and il there be such
Agent Couns II employed by them for the purpose
it shall be tho duty OF tho said Attorney fOr the Com
mouweath to defend their interests.
Il. When the petition shall be thus regularly pre-
pared for hearing the Court may and shall procccd to
consider the matter Of the petition, upon the exhibits
fled with the same, and such evidence of witnesses,
taken and filed according To the OF proce cdmgs
ia Cbancery, shall be adducCd for sg INST the
petitioner, and may order survey 8 and direct issues
try tie questions Of fact in its dIscretionand it upon
the whole, the material facts forth in the petit ton
shall be satisfactorily proved to the Court, and the
facts proved SHALL in the opinion OF the Court,
tile the petitioner, according to the PROVISIONS OF this
act to the decree prayed for IN the petition the Court
shall theceupon declare AMI decree that all the right,
title and interest, o! The sad President aud Directors
10 Co the lands mentioned and claimcd IN the petit
ton, be trans erred to and vested in the petitioner
specifying ia such decree the situation, description
and quantity Of the land with al convenient and prac-
ticabie accuracy and it upon the whole, the Court
shall be OF opinion, that the petitioner is entitled
to tie decree prayed for in his petition il shall dismiss
tie Slmr:-Proyidcd that in either event, the petit
uncr shall he decreed pay all the costs Of the pro.
cceding IT, lhe said Court Of Chancery.
IS. The said President and Directors may, at any
time within year after such decree atore said
shall be pronounced, pray appeal from the same
the Court Of Appeals, IN like manner appeals may
re prayed from other DEGREES in Chanceryi aud the
Court Of Appeals may review, and affirm reverse
such deer, TO 1T shall seem just and shall decree
% he said President and