Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-05-02

Il 'N 0ui\ SSSrSscd against ich person persons,
ron such !auGS, and AL taxes hich ought TO have
ctn ASSESSED thereon, from the time wien such prr.
on or persona acquired his, her their title thereto
whether legal or equitable.
-. Ani whereas II Is known 20 the General Assem-
y, that III AIRY divers large of lard
'ecn rscheaed 1" the Comnonw csth tor want of any
'nown heirs oi the orig nai grantee grantees tht re
II, or ct rsuns claiming under them and such lands
~ reason "i such cschcat nave become vested ac-
coFd'nS 20 law, IN the President aud Directors of the
Literary Fund, while the very time Of the cschcat
e same lands or pats or parcels thereof we're bona
hde Claimed, held and occupied by numCrnus other
persons deriving title thereto, irom or under other
grants ut the Commonwealth and having actually SET
yea ana improved the same, and discharged all taxes
charged against them, upon the lands claimed held
ana occupied Ivy them; and IT is reasonable and Just,
that the titles Of such actual holders and bona Gle
claimants OF ands escheatsd should be queted and
perfected so lar as the transfer to them Of the rights
vested in the said President and Drcc,ors-and there.
fore, subject to the deposition of the Gcucra Assem-.
bly,, may accomplish that object:
BE H. therefore, further enacted That all the right,
title and interest of the said President, and Directors,
N or to any lands Except such shall be herein after
eEccptcd,) which hive been shall h. reatcr be vest
cd IN them by OF any cschest thereof for want
ct known heirs of the original grantee grantees or
ct persons claiming from under them, shall and may
be- In the manner herein after prescribed transferred
20 anu vested IN any and every person or persons,
Who were shall be- at the time of cschcat in actual
possession and occupation of the said csches ell lands
any part parce thereof, for much thereof rs
such person persons have Just title or claim to- lc-
gal equitable. bona ide claimed, held and derived
from or under any grant OF the Commonwealth issued
before the date of the escheat 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 or charged thereon, from the time Whcn
he she on they acquired his, her their title thereto
whether legal or eQui'able
II. And TO the end, that fl AMI certain remedy
may be provided for asccrtainnE the rights of any
such actual holders and bona fde claimants as arore
said OF the SAIL torfete ed lands, of any part par
eel thereof, and for vcStinE in, and assuring to them
and IN 1nl To Inc
which have heretofore been vested by law or which,
~ the provisions OF this act, shall may be hereat>
eT vested, IN the Presd and Directors of the Liz
te'ary Fund and also, for ascertanng the rights IF
such actual holders and bona fide claimants as aorc
sad "a IN" ssd esq heated lands of any part par
eel thereof, and for vcstinE in and assuring them
all the right title and interest Of the said President
and Directors IN aud TO the said escheated lands:
BE It, therefore, further enacted, That any such &C
tuai holder and bona iide claimant of any of the
said forfeited lands, of of the said eschcated
lands or Of any part parcel Of either may prefer
his petition to the Superior Court of Chancery hav-
ing jurisdiction ovcrth county wherein the said for
te'ted escheated la ds the parcel of the same
held and claimed by the petitioner, the greater part
thereof may lie setting forth, specially and precisely
al! the facts, which, the opinion of petitioner
enut!e him, according to the provisions of this act
herein above contained, to have the right, tile and
interest, of the said President and Directors in or 10
the said forfeited lands, the said cscheated lands rs
the case may DC, OF any part parcel of either trans
tered 20, and vested IN the said petitioner in purs
ance of the provisions of this act stating and deduc
ing his right title, legal or equitable to the
land by him claimed and held, exhibiting; the ducu
mentaTy evidence of such his right or title and show
my the local situation and quantity OF tic land by him
ctsImed and held specifying also, far as the same
gre KNOWN the person or persons, in whose name or
names, the lands held and claimed by him. stand for
ie!ted for nonpayment Of taxes, escheated in man
nef atof v7-:i, 6 i,ss st,ou ucrn fotEeitcd
for than one deinuurncy or cscbeat-d in ,nore
than one right the several delnquenCes for which for
FIXTURES shall hsve been incurred or the several rights
escheated, as the may be; finally setting forth
any other matters, which the petitioner may deem ma
ierlal To his case, and praying. the Court to decree
that all the right, te and interest, Of the said Pres
dent and Directors, VI to the lands claimed and
held by him. shall be transferred and vested in the
petitioner.
IT, Such petition may be preferred in Court, or
fled al any time in the Clerks office; and whenever
1t shall be so preferred filed, it shall be forthwith
set down for hearing, without further plcadings, and
without any proceedings At rules, but shall not be
heard TIL the term next after il shall be preferred or
ncdi nor shall such petition be heard, until 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
MED ~lth the petition, at least ono month before the
hearing.
IS. Any agent or Counsel Of The President and nj.
rectors OF the Literary Fund, may appear and defend
their interests in such lands: and if there be- no sncb
Agent or Couuse! employed by them for the purpose
IT shall be the duty OF the said Attorney for the Com
monwea;h to defend their interests
IL when the petition shall be thus regularly rrc
pared for hearing, the Court may aud shall proceed to
consider the matter OF the petition, upon the exhibits
filed with the sane, and such evidence of Witnesses
taken and filed according to the course Of proce eduFs
IN Chancery, Shall be aGduccd for or against tie
petitioner, and may order surveys and direct issues TO
Try the questions Of fact in its dscreton-and upon
the whole, the material facts forth in the petition
shall be satisfactorily proved 10 the Court and the
facts so proved shall, IN thu opinion OF the Court cu-
tile the petitioner, according the provision, of this
act to the decree prayed for IN the petition the Court
SHAH the:eupon declare aal Decree that all the right
title and interest, OF the said President and Directors
~ or to the lands mentioned and claimed i'm the III
ton, be transferred 30 and vested i'm the petitioner
specifying IN such dc,T-c the situation, Dissertation
aud quantity OF the ltnl, with az CONVENIENT and prc
uc'b!e acclracy:-a IT upon the whole, the Cour,
shall be OF opinion that the petitioner is not entitled
TO the decree prayed for in his petition it shall dismiss
The saine:ProVrded that. in either event, the pcti.
TONER shall be decrced 10 pay all the costs of the pro.
ceeding IT, the said Court Of Chauccry.
-. ahe said President and Directors may, at any
Ime wHhin one year after such decree as aforesaid
'ha be pronounced, pray appeal from the same 20
'he Court OF Appeals, IN hto manner as appeals may
be prayed from other DEGREES in Chancery; and The
Court Of Appeals may review, and affirm or reverse