Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-05-11


the passing Of this act and who shalt have discharged
all taxes. duly assessed against lch person persons
upon such lands, and all taxes which ought TO have
been assessed thereon from the time when such per-
son or persons acquired his her their title thereto
whether legal or equitable.
10. And whereas it is known to the General a sem
by, that IN many divers large tracts Of land have
been escheatcd "a the Commonwealth tor want of any
known heirs of the original grantee grantees there
al, or of persons claiming under them, and such lands,
by reason of such escheat, have become vested
cortig To law, ia the President and Directors OF the
Literary Pund, while the very time of the escheat.
the same lands, or parts parcels thereof bona
hde cismed, held End occupied by numerous other
persons deriving title thereto, from, under other
grants OF the Commonwealth, aud having actually Set
tied and improved the same, and discharged all taxes
charged against them, upon the laods so claimed held
and occupied by them' and is reasonable and just,
that the titles Of such actual holders aud bona fde
claimants of ans cscheated should be Quoted and
perfected far the transfer to them of the rights
vested in the said President and Dlrectors-and there
fore, subject to the disposition of the General Assem-
bly,. may accomplish thar object:
nei,, therefore, further enacted, That all the right,
title and interest Of the said President and Directors,
in to lands excr such shall be herein AFTER
exccptcd,) which have been shall h. rcater be vests
ed in them, by of any escheat thereof for want
ut knvwn heirs Of the original grantee grantees
of persons claiming from under them shall and may
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 and occupation OF the said csohested lands
or any part parcel thereof, for much thereof, as
such person persons have Just title claim to- e
gal or equitable bona fde claimed, held and derived.
from or under any graut OF the Commonwealth. issued
before the date of the eschest and who shall have dis
charged all taxes duly assessed against him. her or
IN, upon such lands aud all that ought To have
been assessed charged thereon, from the time when
he, she they, acquired his her or their title thereto
whether legal or equitable
II. And TO the end, that a fit and certain remedy
may be provided, for ascerain'ng the rights of
~ ch actual holders and bona fde claimants,
of furfpi ed of q mar
eel thereof and for vcsting in and assuring to Them
all the riglh, title and interest, and to the same,
which have heretofore been vested by law, which,
the provisions of this act, SHALL may be hereai
ter vested the President and Directors OF the Liz
terary Fund and also, for asceraining the rights Of
such actual Holders and bona de claimants as afore
sad Of the said esohcated lands, Of any part
eel thereof, and for yestnS in and assuring to them
all the right, title and interest of the said President
and Directors in and TO the SAID escheatcd lands
Be ii, therefore, further enacted That any such
tual holder and bona fde claimant Of any of the
said forfeited lands, of any of the said escheated
lands Of any part OF parcel of either, may prefer
his petition to the Superior Court of Chancery, hav-
ing jurisdiction the county wherein the said for
feed escheated lards, the parcel OF the same,
he and claimed by the petitioner the greater part
thereof may he setting FORTH specially and precisely,
all the facts, which, in the opinion OF such petitioner,
cntle him, according the provisions OF this act,
herein above contained to have the right, title and
interest, of the said President and Directors,
the said forfeited ans, the said escheated lands as
the case be, any part parcel of either
ferred to, and vested IN the said petitioner, pursu
Of the provisions ct this act stating and deduc-
ing his right title, legal equitable, to the
land by him claimed and held exhibiting the docu-
mcntary evidence of such his right or title, and show
inl the local si;aation and quantity Of the land b. him
claimed and held specifying Also so far as the same
PRE- known, the person persons, IN whose name OF
Names the lands held and cisii.ed by him. stand for
feited for payment OF taxes eseeateu in man
aforesaid, Or If the lands shall have beer forfeited
for more than delinquency, escheated in mos
than9 the Ill Pyhi
feuTes shall have been incurred, the several rights
escheated, the case may be; finally setting forth
any other matters, which the petitioner ay deem
teria to his case, and praying the Court decree,
that an the right title and interest, Of the said Presi.
dent and Dr1ctcrs. in Or to the lands claimed anu
held by him, shah be transferred to and vested in the
| petitioner.
| -. Such petition may be preferred in Court, OF
fled at any time the Clerks Office; and whenever
it shall be preferred filed, it shall be forthwith
SET down for hearing. without further peadngs and
without any proceedings 81 rules, but shall not be
heard, till the term next after it shah be preferred
filed, shall such petition be heard until a copy
thereof shall have been served on The Attorney to
the Common we ahh, for Che Superior Court Of Law
the County wherein the petition snail be preferred
and another copy served the Second Auditor, and
affidavit of 81 CHI service shah have been returned
filed with the petition, al least month sfore TIT
heafiug
I 10. Any Agen, or Counsel Of tie President and Di
reciors of the Literary Fund.- may appear and defent
their interests in such lands and If there be no sci
II shall be the duty OF the sad Attorney for the Com
monw ealth to defend their interests.
IL. When the petition shall be thus regularly pre-
pared for bearing, the Court may and shall proceed
consider tue matter Of the petition, upon the exhibit
flied with the same, and such evidence Of witnesses
taken and filed according to the of proceeding
in Chancery, shall be adduccd for or against III,
petitioner, and may order survey and direct
try the questions Of fact, in its dscreoDand il upoi
the whole the material facts set forth in the petit tor
shall be satisfactorily proved IN the Court, and IN,
facts so proved SHALL in the opinion OF the Court, en-
title the petitioner according the provisions of thi
to the decree prayed for in the petition the Cour
shall hereupon declare AMI decree, that all the right
title and interest, Of the SAID President and Directors
in or 60 the lands nenijoned and claimed in the Dell
ton, be transferred 10 and vested IN tho petitioner
specifying IN such decree the situation, description
and quantity Of the land, With III cgbyeHeD. and pfas
ticabIe accuracy;-an9 it apDn tbs whole, che GsHF
shah be Of opinion, that pi pett0DeF 10 B9t eHisqf
Itoibe degree prayed leF IN hrs pet9R, siisfi dsUs
the ssne:-PToyjdsd tbsl in eitheF eVeB, ihe Pcti
TONER shall be decreeI ~ pqY R ts caste Of the pro
ceeding is The said Court Ut EbaBeeSy,
| Is, rbe said President and Directors may, AT AM
ting within 66e year qtieE such decree as aioressic
shall be BtsaBBBsed, pray appeal from the same /,
t1e Eg9ft pt Appeals IN like manner appeals maj
ii.