Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-04-18

laimcd, derived and held under any grant OF the
;ommon wealth. which shah have been issued before
he passing of this act, and who shall have discharged
IL taxes duly assessed against such person persons,
pon such lands, and all taxes which ought to have
eeu assessed thereon, from the time when such per-
on persons acquired his, her their title thereto
whether legal equitable.
10. And whereas it is known To the General Assem-
,ly that in many cases, Divers large tracts of land have
,een cscheaed To the Commonwealth for want of any
heirs of the original grantee grantees there
~, OF persons claiming under them, and such lands,
by reason ct such eschcat. have become vested ac-
cording In law, in the President and Directors of the
Literary Fund. while the very time Of the escheat
the same lands, pats parcels thereof bona
hde claimed, held and occupied by numerous other
persons deriving title thereto, from, 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.
that the titles of such actual holders aud bona hde
claimants of lands eschcatcd should be quieted and
perfected far the transfer la them at the rights
vested III the SAID President and Drect"rs-aHd. there
fore, subject to the disposition OF the General Assem-
bly,, may accomplish that object:
Bet, therefore, further enacted That all the right,
title and interest of the SAID President and Directors,
IN or tn any lands Except such shall be herein after
exceped,) which have been shall H. rcaiter be vest
ed IN them 10y of any escheat thereof for want
at known heirs of the original grantee grantees,
ct 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 persons
who shall be, at the time of eschea III actual
possession I'd occupation OF the said eschestcd lands
any part parcel thereof, Tor so much thereof as
such person persons have Just title claim To, e
gal equitable. bona ide claimed, held and derived
from under any grant of the Commonwealth, issued
before the date of the eschea and who shall have dis
charged all taxes duly assessed against him, her ar
them upon such lands, aud all taxes 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 tn the end that fit and certain remedy
may be provided for aScertannE the rights OF any
such actual holders and bona file claimants, afoe
Si ot the sad forfeit ed lands of any part par
Gel thereof, and for vcstng in, and assuring Them
all the right, title a"d interest, IN anal to the same
WHICH have heretofore been vested by law, which,
by the provisions of this act, shalt or may be hcreat>
ter vested IN the President and Directors ut the Lis
terary Fund md alsN for aSccrtaiunG the rights Of
such actual hglders and bona hde claimants afore-
SAID of the sad esq heated lands OF any part par
eel thereof and for vesting in and assuring them
all the right, title and interest of the said President
and Directors, in aud 20 the sad cschratel lands:
BE l., therefore, further enacted, That any such
tud holder and bona flc claimant of any of the
sad 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 OF Cnancrrv hsv-
nE jurisdiction ovcrthe county wherein The said for
te"d cSchsltcG lads, or the parcel of the same,
he'll and crImcd by the peiitiOner the greater part
thereof may lie, setting forth specially and precisely,
all the facts, which, the opinion OF petitioner
entite him, according to the provisions of this act
herein above contained to have the right title and
interest of the sad President and Directors in or TO
the said forfeited lns or the said e.chrated lands s
the may be- any part parcel of either trans.
terrcd to- and vested Ia the sad petitioner in purs,-
OF the provisions of this act, stating and deduc-
ing his own right or title, legal equitable, to the
land 10y him claimed and held, exhibiting the docu-
meniiry evidence ut such biS RIGHT title and show
i'm the local situation and quantity of the land BY him
claimed and held specifying also, far as the same
ere knoPn, the person persons, in whose name or
names the lands held and claimed by him, stand for
tecd Tor non payment of taxes or cscheatcd, in man.
a!OrC said, or, If the lands shall have been forfeited
for more than delinquency, or cschcatcd in more
than right, the several del"qCcnCCs for which for
fcitu:cs STAT have been incurred, the several rights
escheated, the Gaze may be; finally setting forth
any other matters, which hc petitioner may deem ma.
teral TO his Case and praying the Court To decree
that all the right, tile and interest, Of the said Pres
dent and Directors, IN tn the lands claimed and
he'll by him, shall he transferred to and vested in the
petitioner.
II. Such petition may be preferred in Court Or
Icd At any time IN the Clerks Office; and whenever
1t shall be preferred flied, il shall be forthwith
set down for hearing without further plcadnrs and
w'ihoHt any proceedings at rules, but shall not be
heard TIL the term next after il shall be preferred or
MED; nor shall such petition be heard, until copv
thereof shall have been 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 Che Second Auditor and
affidavit OF ch service shall have been returned and
lled with the petition at least month before the
hearing.
IS. Any Agent or Counsel of the President and N;
their interests in such lands and If there be no such
Agent or Counsel employed by them for the purpose
1t shall be the duty OF the sad Attorney for the com
monwealih to defend their interests
H. When the petition shall be thus regularly pre-.
Paredtor hearing, the Court may aud shall prO-ccd IN
consider the matter Of the petition, upon The exhibits
hled with the same, and such evidence of Witnesses
taken and filed according the course of proceedings
IN Chanccry, rs shall be adductG tor or against the,
pcuioDer and may order surveys and direct issues 10
Try 'he questions OF fact IN rs digcrc,onand If upon
tllfsu ltftls
SaiI be satisfactorily proved to the Court and the
facts 50 proved shall IN the opinion OF the Court, en-
tile u" petitioner according TO the provision, Of this
at To the decree prayed for in the petition the Court
shall he-eupon declare AM Decree that ali the ribt
tue aud interest, OF thc SAID President and Directors
~ or To the lands mentioned and claimed in the ret
ton, be transferred 30 and vested in the petitioner
specifying IN such decree the situation description
AID quantity d the nd, with AL convenient and pr,c
ucibie accuracy:-and IT upon the whole the Cour,
shal be OF opinion, that the petitioner not entitled
TO The decree prayed for IN his petition it shall dismiss
the same:-Ptoylded that in either event the pet.
TONER shall be dccrced to pay all the 81 the pro.
CCetlinp IT, tile sad Court If