Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-05-04

pom such lands, ANA all taxes ulch ought to haN e
cen assessed thereon, f,rm the ttce when such per
on "g persons acquired his GCr their ils thereto
whether legal or equitable.
10. And whereas 1, is known to the General Assem-
y that IN any cases, divers large tracts OF land have
'ctn tscHeatcU To the COWmuuv CHlth. for at
>nown heirs at the Original grantee grantees IN re-
1t, or at persons claiming under them aud such lands
'y reason ct such cSchest, have become vested ac-
cordng To law, in the President and Directors of the
Literary Fund while at hc very time oF The eschca'.
the same lands, pats parcels thereof. bona
ide claimed, held aud occupied ny numerous other
persons deriving title thereto from, under other
grants oi the Commonwealth, and having actually set
tied and improved the same, aud discharged all
charged against them, upon the lands so claimed held
and occupied by them and it IS reasonable and just,
that the Jules of such actual holders and bona hlc
claimants at aus eschratcd should be Quoted and
perfected so FAR the transfer them of abe rights
vested IN the sad President and Drcctorsand, there
fore, subject the disposition ct the General Assem-
bly,, may accomplish that ubject
BE II, therefore, further enacted hat all the right
title snd interest OF the said President and Directors
IN or To any lands Except such shall be herein after
eHcepied,) which have been shall h rcatcr be vest
ed IN them, by of any eschcat thereof for
at known heirs of the original grantee grantees
N persons claiming from under them shall and may
be, IN the manner herein after prescribed transferred
To, and vested in sny and every person persons
who shall be- ~ the time of escheat, in actual
possession III occupation OF thc said cschcs,cl lands
any part parcel thereof, for much thereof,
such person persons have just title CLAIM To, lc
gal or equitable, bona fde claimed held and derived.
from under any grant OF the Commonwealth, issued
before the date of the escheat and who shall have dis
charged all taxes dub assessed against him, her or
them, upon such lands and al! taxes that ought to have
been assessed ch rgcd 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 fLe claimants aiore
said, of the SAID forfeited lands of any Part par
Gel thereof, aud Tor vestn in, and assuring TO hem
ali rI.rht and anil Nh
which have heretofore been vested by law, which,
by the provisions ct this act, shall may be hereaf
ter vested IN the President and Directors OF the Liz
tc-ary Fund and also, for ascgrtaining the rights Of
such actual holders and bona ide claimants as afore
sad ct the said eschcated lands OF any part or par
Get thereof, and tor vestnS in and assuring them,
All the right, title and interest of the said President
and Direct, rs IN and 10 the SAID cscheated lands
Be II, therefore further enacted That any such &C
tual holder and bona fidc claimant of any Of the
SAID forfeited lands, of any of the said escheated
lands Of any part parcel of either, may prefer
his petition to the Superior Court Of Chancery, hsv-
ing jurisdiction ovsrthc county wherein the said for
feit"d escheaed lands, the parcel of the same
hel and claimed by the petitioner or the greater part
thereof may lie, setting forth, specially and precisely
all the facts, which, in the opinion of such petitioner,
cntIle 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, any Fart parcel of either trans
terrod To, and vested IN the sad petitioner in pursu-
ance OF the provisions of this act stating and Ceduc.
ing his right or title legal or cuui.ble TO the
land by him claimed and held, exhibiting the dJcu-
mentary evidence OF such hs right title, and show
I'M the local situation and quantity OF the land b, him
Claimed and held specifying also far the same
gre knOHn the person persons, whose name or
names, the lands held and claimed by him. stand for.
telted for payment of taxes, eschcaied in man
ner aforesaid or, IT the lands shall have been forfeited
tor more than one delinquency, "r escbeated in more
than one right the several dehnqucnoes OR which
ieu!es shalt have been incurred, the several rights
escheated, as the Gaze may be- finally setting forth
any other matters which the petitioner may deem ma
teria to his case, and praying the Court decree
that all the right title and interest, Of the said Presi
dent and Directors in to the lands claimed and
held by him. shall be transferred to and vested in the
petitioner.
r. Such petition may be preferred in Court. or
filed at any time in the Clerks Office and whenever
shall be preferred flied shall be forthwith
set down for hearing, without further plradings an
without any proceedings at rules but shall not be
heard, I'LL the term after it shall be preferred or
tled; nor shall such 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 81 ch service shall have been returned and
fled with the petition, at least month before the
hearing.
Is. ANY Agent or Counsel Of the President and Di
reCoTo OF the Literary Fund, may appear and defend
their interests IN such lands; and it there he no such
Agent or Counsel employed by them for the purpose.
II SI'dI DC llc uuy OF the sad Attorney for the
monweath to defend their interests.
IL 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 tn. EXHIBITS
fled with The sane, and such c,idcn@, Of witnrs,.s.
taken and fled according TO the cours. Of proceedings
80 Chauccry, shall be aGduc, tor or against the
petitioner, and uay order surveys and direct issues 10
try The questions q fact n is dssrGctiou-and uDon
the whole, The material fact, set forth u The petit ion
shall be saiisi acory proved 10 the Court and the
lcs so proved shall, IN tie opinion Of u" Court en-.
title the petitioner, according the provisions Of this
act To the decree prayed for in the petition ths Count
shall tncccup"n declare a7 decree that all the right
title and interest, "f the SAID President and Directors
80 ~ ~ The lands mcuuDned and claimed in the pc.
ton, be trans erred 80 and vested in The petitioner
specifying n such decree the situation, DESCRIPTION
and quantity Of Tie land, with al convenient and prac
NcSbc accuracy :-aHd o. upon the whole, the Court
shall be O opinion, that tie petitioner is not entitled
if .e decree pray ed tor in bis petition i, sh. 50,
lEc -arir.-PrOyiIed lhL III either event the pc,i.
toner sha! be dccrced pay Ill the costs oil the yro.
CcediuS IT, the said Court Of Chincery.
Is. The said President and Directors may, at any
tine within one year after such decree as alorosdI
a'al be pronounced. pray appeal from the same 70
the Court Of Appeals, ~ ike manner as appeals may
UrayCd from decree, Et,pnc.r,. ,r,I