Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-04-29


which shall D.. been issued before
the passing of this act, and who shall have discharged
AL taxes dull, assessed sEainss loh person persons
upon such lands, and all taxes which ought have
been assessed thereon, from the time WHEN such per
son persons acquired his, her or their title thereto,
whether legal or equitable.
10. And whereas i, is known TO the General Assem-
bly,, that IN many divers large tracts of land have
been eschca,cd to the Comnonwe ah for want of any
known heirs of the original grantee grantee there
ot, of persons claiming under them and such lands
cordrng law. in the President and Directors OF tive
Literary Fund. while at the very time Of the eschca.
the lands, pats parcels ,her, o. bona
6lc claimed, held and occupied by numerous other
persons deriving title thereto, from, under other
grants Of the Commonw calh and having actually SCI;
tied and improved the same, anil diSchar ,cd all
charged against thrm upon the lands claimed. held
and occupied by them; and ~ reasonable and just,
that the titles of such actual holders and bona hde
claimants III auis escheatcd should be guiet-d and
perfected Ear the transfer t" them Of the rights
vested in the SAID President and prectors-ard. there
fore, subject thc position of the General Assem-
bly,. may accomplish that object:
Be 1T, therefore, further enacted, That MI thu right,
title ami ntcrest OF the S7id President and Directors
in to any lands eScep such shall he herein after
eNCeped,) which have been shall h reacr be vest
Cd in them by Of any cschest thereof Tor want
of kr,Wn heirs of the original grantee grantees
OF persons claiming from under them, shall and
be- in the herein after prescribed, transferred
To-, and vested IN any and every person or persons,
who shall be, at the time OF eschea, in actual
possession d occupation OF the SAID eschrSted lands,
or any part or rarce thereof so much thereof
such person persons have Just title claim 10, lc
gal equitable bona iidc claimed, held and de-ive'.
from under any grant OF the Commonwealth. isSucd
before the date of tho csche3, sNd who shall have dis
charged all duly assessed against ~ her or
them upon such lands, and all taxes that ought tn have
been assessed charged thereon, from The tirc when
nc, she they acquired his, her their 'ilc thereto
whether legal or equitable
IL. And to the end that a ct and certain remedy
msy be provided, for oScer;ain'rC the rights of any
such actual holders and bona fide claimants, a!ore
said, of the saul forfeited lsnde, OF any part par
eel thereof and for yestinE in ard assuring TO them,
all the right title and interest, and the
which have heretofore been vested by law, which,
~ the provisions Ot this act, shall may be hcrea>
vested. IN the PrSsd, ard Directors Of the liz
tcary Fund aud alsc for ascertainng the rights oi
such actual holders AMI bona iIc claimants atorc.
said, OF the said hca. lands, of any part par
eel thereof and tor vcstuE in and assuring 'hrm
a.! the right title and interest of the said President
ana Directors, III and 20 the sail cschca,cl lands:
}! Be H. therefore, further enacted, That any such
tuai holder and bona hde claimant of any Of thc
said forfeited lands, of of the said eschcated
lands, or Of any part or parcel of either may prefer
his petition the Sup ror Court of Chaucery, hav-
ing jurisdiction over the county wherein the said for
feit"d cschca; Ia ds the parcel of the same,
hel and claimed by the petitioner. or the greater part
thereof, he setting forth, specially and precisely,
all the facts which, IN the opinion of petitioner,
entitle him, according To the provisions of this
herein above contained, have the right, title and
interest," of the SAID President and Directors, in
the said forfeited lands the said escheated lands
the may be, any part parcel of either
errcd to, and vcs,ed the SAID petitioner pursu
Of the provisions of this act, stating and dedu
ing his right title legal OF equitable, to the
land by him claimed and held, exhibiting the docu-
ncnary evidence of such hi, ri.ht ltlr, and sho
n the local situation and quantity OF The land by him
claimed and held specifying also, so FIR the same
ere knoN u, the person persons, whose name or
names, the lands held and claimed by him. stand for
citrd for payment Of taxes, eschcaied in
neT aforesaid, Or # thu lands shall have been forfeit
for more than Delinquency, cschcatcd in more
than right the several delnquenccs for which for.
textures shall have been incurred the several
escheated the case may be; FINAL, setting fort
any other matters, which the petitioner ma. deem ma
teral to his case. and praying the Court decree
tia, all the right tile and interest, Of the said P,cs
dent and Directors in to the lands claimed ana
held By him. shall be transferred to and vested in the
petitioner.
T Il. Such petition may be preferred IN Court OF
fled at any time in the CLERKS office; and whenever
it shall be preferred filed shall b. forthwith
set down for hearing, without further pcaiirgs, and
Without any proceedings 1T ru!er, but shall not be
heard till the term after il shall b. preferred OF
Tiled; nor shall suCn petition be heard, untI a COP,
thereof shall have been served on the Attorney for
the Commonwealth, for the Superior Court of Law n
the County wherein the petition shall be preferred
and another copy served on The Second Auditor ans
affidavit OF CHI service shall have been returned and
filed with the petition, At least one month before the
hearing.
Is. Any Agcn, or Counsel Of the Precedent and hi
rectOrs ct the Literary Fund, may appear and defend
their interests in such lands; and If there be no such
agent or COUNSEL employed Oy them tor the purpose
shall be the duty Of the sad Attorney FOR the Com
mouwealth to defend their interests.
IL When the petition shall b. thus regularly nre
paredfor hearing, the Court may and shall procccd IA
consider the matter Of the petition upon The exhibits
filed with the same and such evidence Of witnesses
taken and fled according TO the course
IN Chancery, as shall be adducrd for against the
petitioner and may order surveys and direct issues 10
try the questions Of fact in ts dlscrctlon-ard If upcu
tho whole the material facts forth the petition
shall DO satisfactorily proved TO the Court, add the
facts 50 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 Cour:
shall he-euPon declare an decree, that ali the right
title and interest, Of the SAID President aud Directors
30 or to the lands ucntiuned and claimed in the ue;i-
ton, be trans erred 10 and vested IN the petitioner
specifying ~ such d.cI"c The situation, description
aud qGlnuy oi The u. yith all convenient and rrac.
tcabie accuracy and IT upon the whole, the Court
'h",i be ot cpnon, that The petitioner is not entitled
10 Tie decree prayed for IN hs petition, shall dismiss
ne sane:-Proyided that in either event the pcli.
toner shall be dccre"d pay ell tic Of the FRO.
cerdnC o. tie sal Court Df Chanccry.
T l.. The sad President and Directors may, 10. any
.r 4 fttIft .ft. 81 L.