Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-04-25


Commonwealth which shall h. c been issued before
the passing of this and who shall have discharged
all taxes duly assessed sgainsts Ich person persons
Upon such lands, and NIL taxes which ought Ia have
tnassesscd thereon, from the time when such per-
son or persons acquired his her their title thereto
whether legal or equitable.
TO- And whereas II is known TO the General Assem-
bly, that in many cases. divers large tracts Of land have
been escheated to the Commonwealth. for want of any
known heirs OF the original grantee grantees there
Of ct persons claiming under them and such lands
by reason Of such cschcat. have become vested ac-
cordng to- law, in the President and Directors of the
Literary Fund, while the very time Of In. cscheat
the same lands, parts parcels thereof bona
hde claimed, held and occupied by numerous other
persons deriving title thereto FROM, under other
grants ut the Commonwealth, and having actually
tied and improved the same, and discharged all taxes
charged against them, upon the lands claimed. held
and occupied by them and 1t is reasonable and Just,
that the titles Of such actual holders and bona 6ie
claimants of lands cscheated should be qe,cd and
perfected SO tar the transfer tn them of the rights
vested in the said President and there
tore, subject to the disposition of the General Assem-
bly,, may accomplish that object:
Be It, 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
excepted) which have been shall h, rcattcr be vest
ea IN them, by reason of escheat thereof for want
OF Rown heirs OF tho original grantee grantees
OF persons claiming from under them, shall and
be- IN the manner herein utter prescribed, transferred
to, and vested in any and every person persons,
who shall be, at the time of escheat actual
possession nd occupation of the said cschcs,c lands
any part parcel thereof for much thereof,
such person persons have Just title claim to, Ic
gal equitable. bona fdc claimed held and derived,
from uader any grant of the Commonwealth, issued
before the date of the csceat 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 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
may be provided, for ascertainng the rights of any
such actual holders and bona fdc claimants, rs aforc
said, Of the Said forfeited lands any Part or par
eel thereof and for vcstin, in, and assuring them
all the right title and interest, in and to the same
which have heretofore been vested BY law, or which,
by tho provisions OF this act, SHALL may be hcreas>
ter vested, IN the President and Directors of the Ii.
tcrsry Pund and also. for asccr,anng the rights Of
such sctUal holders and bona hde claimants anre-
sad OF the said cscheated lands of part par
eel thereof and tor ves;ng in and assuring to them,
all the right, title and interest of the said President
and Directors, in and to the said cschcated lands:
Be it, therefore, further enacted, That any such nc.
tual holder and bona file claimant of any Of tho
said forfeited lands. of any Of the said eschcatetl
lands, of any part parcel of either may prefer
his petition to the Superior Court of Chancery, hav-
ing jurisdiction over the county wherein the said for
feied escheated lands, the parcel of the same
held and claimed by the petitioner the greater part
thereof may lie, setting FORTH specially and precisely
all the facts, which, in the opinion of such petitioner
cntitle him, according to the provisions of this act
herein above contained to have the right, title and
interest Of the said President and Directors in or to
the said forfeited lands the said escheated lands as
the may be, part parcel Of either, trans
ferred TO, and vested IN the said petitioner. pursu.
snce of the provisions of this act stating and deuc
ing hrs own right title, legal equitable TO the
land by him claimed and held, exhibiting the docu-
mentary evidence of such his right title and shows
nt the local situation and quantity of the land by him
claimed and held specifying also. far the Same
ere known, the person or persons, in whose or
names the lands held and claimed by him, stand for.
feited Tor payment OF taxes, escheaed in man.
aforesaid, or, If the lands shall have been forfeited
lUr han One IaiIn
than one right, the several delnQue rcies for which for
FIXTURES shall have been incurred, the several rights
escheated, as the case may be; finally setting forth
any other matters, which the petitioner may deem ma
terial to his case and praying the Court to decree,
that all the right title and interest, Of the said Presi
dent and Directors, in or to the lands claimed and
held BY him, shall be iransfeed and vested in the
petitioner.
IL. Such petition may be preferred in Court, or
fled at any time in the Clerks office, and whenever
it shall be so preferred filed, it shall be forthwith
set down for hearing. without further peadings and
without any proceedings at rules, but shall not be
heard till the term next after shall be preferred or
filed; nor shall snch petition be heard, until COPY
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 the Second Auditor, and
affidavit Of oh service shall have been returned and
fled with the petition at least month .forc the
hearing.
IS. Any Agent or Counsel of the President, and Di.
rectOrs Of the Literary Fund, may appear and defend
lner interests IN Sncn lanuS ana there be such
Agent or Counsel employed by them for the purpose
1t shall be the duty of the said Attorney for the Com.
monweal,h to defend their interests.
H. When the petition shall be thus regularly pre-.
pared for hearing the Court may and shall proceed to
consider the matter of the petition, upon the exhibits
filed with the same, and such evidence Of witnesses
taken and filed according the of proceedings
in Chancery, as shall be adduced for or against the
petitioner and may order surveys, and direct 70
try the questions Of fact ts discretion-and if upon
the whole the material facts forth in the petition
shall be satisfactorily proved to the Court, and the
facts so 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 Court
shall thereupon declare and decree, that all the right
title and interest," ?f the said President and Directors
III or to the lands mentioned and claimed in the petit
ton, be transferred to- and vested in the petitioner
specifying in such decree the situation, description
and quantity of the land with AL convenient and prac.
ucable accuracy:-and IT upon the whole, the Court
shall be OF opinion that the petitioner is entitled
to the decree prayed for in his petition shall dismiss
the saDe:-Proyided that in either event, the petit
toner shall be decreed to pay all the Of the pro.
rppI ding II I've aatI M ,f