Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-04-21

slammed, derived and held under any grant Of the
commonwe aith. which shall have been issued before
he passing OF this act AMI who shall have discharged
III taxes. duly assessed sganst such person or
ipon such lands, and all taxes which ought to have
been assessed thereon, from the time when such per.
on or persons acquired his her or their title
whether legal or equitable.
10. And whereas IT is known to the General Assem-
ply, that IN many cases divers large tracts OF land have
been eseheated to the Commonwealth, Tor want of any
known he'rs ct the original grantee grantees
Of or OF persons claiming under them, and such lands,
by reason Of such cscheat. have become vested ac>
cordng tn law, IN the President and Directors Of the
Literary Fund, while at the very time of the escheat.
the lands, pats or parcels thereof we're bona
hde claimed held and occupied by name rous other
persons deriving title thereto. from or under other
grants OF the Commonwe alth, 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 il Is reasonable and just
that the titles Of such actual holders ard bona kde
caimants OF ands 80 eseheated should be queted and
perfected far the transfer them Of the rights
vested in the said President and Dreetors-and the
tore subject to the disposition Of the General Assem-
bly,, may accomplish that object:
Beit therefore, further enacted, That all the right
title and interest Of the said President and Directors
in or to any lands (exeept such shall be herein
excepted) which have been shall reaftrr he
ea IN them, ny reason Of any eseheat want
ct tn"wn heirs OF the original grantee grantees
OF persons claiming from under the shall aud may
be. in the herein after prescribed transferred
to, and vested in any and every person persons.
who shall b- at the time Of escheat, actual
possession I'd occupation of the said eschese
or any part or parcel thereof for much thereof
such person persons have just title claim to, le
gal or equitable bona 6de claimed, held and derived,
from or under any grant OF the Commonwealth, issnrd
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 that ought 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
tain he RIGHTS Of anN.
such actual holders and bona Rde claimants, afore.
sad OF the said forfeited lands. of any part.or par
eel thereof and Tor resting in and assuring to them
all the right, title and interest, IN and TO the same
which have heretofore been vested by law, or which,
by the provisions OF this act, shall may be hereaf,
ter vested, the President and Directors of the Liz
terary Fund and also, for ascertainng the rights u,
such actual holders and bona de claimant, as afure
sad OF the said ESQ heated lands of part par
eel thereof and Tor restng in and assuring to them
all the right title and interest of the said President
and Directors, in and TO the said esch-ated lands:
BE H. there FORE further enacted, That any such ac.
tnal holder and bona fde claimant of any of the
said forfeited lands. of any of the said escheatrd
lands, Of any part parcel of either, may prefer
his petition to the Superior Court of Cnancery, hav-
ng jurisdiction the county wherein the said for
feited or escheard lar ds the parcel of the same
he and claimed by the petitioner. the greater part
thereof, lie, setting forth, specially and precise w.
all the facts, which, in tile opinion of such petitioner
en,ite him, according to the provisions Of this act
herein above contained, to have the right, tile and
interest, ct the SAID President and Directors in
the said forfeited lands, or the sail esche lands as
the case may &c, any part Parcel Of either tan3
terred to, and vested IN the said petitioner in pur.
ance of the provisions OF this act, stating and detiu.
INK his own right ar title legal equitable TO the
land by him clsrmed and held, exhibiting the ducu
mentsry evidence OF such his right title and show.
I'M the local situation and qisnty OF the land u, him
claimed and hell specifying also, far the same
?re kno W. the person persons, in whose name or
names, the lands held and claimed by him. stand for
FITTED for non payment Of taxes, escheated in man.
ner Aforesaid, the lands shall have been forfeit
for more than one delinquency, or escheated in more
than right the several delnque ncirs for ch for
eitIes shall! have been incurred the several rights
escheated, as the Gaze my be; finally setting forth
any other matters, which The petitioner may deem ma
teral to his Case, and praying the Court 10 decree
that all the right title and interest, OF the sai! Pre-
dent and Directors in To- the lands claimed an,
held by him. shall be transferred and vested in the
petitioner.
IL. Such petition may be preferred in Court. or
filed at any time in the Clerks office; and whenever
II shall be preferred fled it shall be forthwith
set down for hearing. without further peadngs and
without any proceedings at rules, but shall not be
heard i 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 nf
the County wherein the petition shall be preferred
an another copy served on the Second Auditor and
affidavit Of ST CHI shall have been returned and
filed with the petition, at least month before the
hearing.
IS. Any Agent or Counsel of the Pre,iden, and nj.
rectors Of the Literary Fund, may appear and defend
their interests in such lands; and If there be no such
Agent or Counsel employed by them for the purpose ,
shall be tile duty of the said Attorney for the Com
n.onweaih 10 defend their interests.
II. When the petition shall be thus regularly pre-
psredfo hearing, the Court may and shall proceed to
consider the matter of the petition upon tile exhibits
filed with the same, and such evidence of witnesses
taken and filed according TO the course Of
in Chancery, as shall be sdduced for or against the
petitioner, and may order surveys, and direct issue, TO
try the questions Of fact, in its dscreton-and IL upon
the whole, the material facts forth in the petition
shall be satisfactorily proved the Court and the
facts so proved shall in the opinion Of the Court en-
title the petitioner according the provisions of this
act to the decree prayed for in the petition the Court
shall the coupon declare an decree, that all the right
title and interest, Of the said President and Directors
IN or to the lands mentioned and claimed in the pe,
ton, be trans erred 20 and vested in the petitioner
specify ing in such decree the situation observation
aud 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
10th decree prayed for in his petition, it shall dismiss
tie same:-Provided that in either event the peti.
TONER shall be decreed pay all the costs Of the pro
ceedng IT, the said Court Of Cbancery.