Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-04-15

,laimed, derived and held under any grant OF the
which shall have been issued before
he passing of this and who shall have discharged
All taxes. duly assessed against snch persons
ipon such lands, and all which ought to have
been assessed thereon, from the time when such PER-
persons acquired his her or their title thereto
whether legal or equitable.
10. And whereas IL Is known to the General Assem-
bly, that in many cases. divers large tracts OF land nave
been escheateu tn the Commonwealth for want at any
known heirs of the original grantee grantees there
Of of persons claiming under them, and such lands
by reason of such escheat. have become vested ac-
cordng to law, in the President and Directors ot the
Literary Fund, while the time Of the cschcat,
the same lands parts parcels thereof were 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 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 and bona de
claimants of lands cschea,ed should be quiecd and
perfected far the transfer tn them of the rights
vested in the said President and Directors-and, there
fore, subect to the disposition of the General Assem-
bly,, may accomplish that object:
Belt, therefore, further enacted, That all the right
title and interest of the said President and Directors
in or to lands except such shall be herein after
excepted which have been shall H. rcatter be vests
ed in them, by of any escheat thereof for want
OF knnwn heirs of the original grantee grantees,
OF persons claiming from under them, shalHnd may
be- in the manner herein after prescribed transferred
to, and vested in any and every person or persons
who shall be, at the time OF escheat, in actual
possession occupation OF the SAID esceStcd lands
any part parcel thereof for much thereof AS
such person persons have just title claim to- c
gal equitable. bona tide claimed, held and derived
from or under any grant OF the Commonwealth, issued
before the date of the csches, and who shall have dis
charged all duly assessed ainst him, her
them, upon such lands and all taxes that ought to have
been assessed charged thereon, rnm the time when
he she they, acquired his her or their title thereto
whether legal equitable
IL. And to the end, that IL and certain remedy
may be provided for ascertaning The rights of any
sad of the SAID forfeit, ed lands. of any part par
&c! thereof and for vesnS in, and assuring 10 ,hc
all the right, title and interest, and to the same,
which have heretofore been vested by law, which,
by the provisions of this act shall, may be hereat
ter vested in the President and Directors of the Liz
terary Fund and als,, for asceraining the rights Of
such actual holders and bona le claimants as a'UTe-
sa1 of the SAID esCheated lands, o 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 said eschrated lands
BE ii, therefore, further enacted That any such
tual holder and bona file 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 90 the Superior Court of Cnancery, hav-
ing jurisdiction over the county wherein the said for
fcte, escheated la ds the parcel of the same,
held snd claimed by the petitioner 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 said President and Directors, in
The forfeited Lands, the SAID eSche3ted lands
the case may be, or part parcel of either
ferred to- and vested IN the said petitioner nlrsu-
ance ct the provisions OF this act, stating and deduc
ing HIS right title. legal or equitable, to the
land by him claimed and held, exhibiting the docu-
men,ary evidence Of such his right title, and show
n the i0cai situation and quantity of the land by him
claimed and held specifying also, so far the same
ere known, the person persons, in whose name or
Names the lands held and claimed By him. stand for
feied for payment Of taxes, cscheated in man.
ner aforesaid, or If the lands shall have heen forfeited
for more than one delinquency, or escheated in more
than one right the several de'nqnencies for which fur
fers shall have been incurred, the several rights
eseheated' as the Gaze may be- finally setting forth
any other matters, which peG,;oncr may deem mn
terial To hts cases and praying the Court decree,
that all the right title and interest, OF the said Pres
dent and Directors IN Or to the lands claimed and
held by him. shall be transferred and vested in the
petitioner.
L. Such petition may he preferred in Court on
filed at any time in the Clerks office; and whcnev er
it shall be So preferred filed, it shall be forthwith
set down for hearing, without further pleadings, and
without any proceedings rules, bat shall not be
heard till the term next after it shall be preferred or
filed; shall such petition be heard, until n copy
thereof shall have been served the Attorney for
the County wherein the petition shall be preferred
and another copy served on the Second Auditor and
affidavit st CHI service shall have been returned and
filed with The petition, at least month before the
hearing.
IS. ANY Agent or Counsel Of the President and D.
reciors Of the Literary Fond may appear and defend
INTERESTS n Sucn iahus ann IL there be such
Agent Counsel employed by them for the purpose
IT shall be the dn,y Of the SAID Attorney for tho Com
mOnwenlth to defand their interests.
IL when the petition shall be thus regularly pre-.
paredfor hearing, the Court may and shall proceed to
consider the matter Of the petition upon tho exhibits
filed with the same, and such evidence of witnesses
taken and filed according to the Of proce ednps
ia Chancery, shall be adduccd for or against the
petitioner, and may order surveys and direct issues to
try the questions of fact in its dscretionand IL upon
the whole the material facts set forth in tile petition
shall be satisfactorily proved to the Court, and the
facts so proved shall in ts opinion of the Court en-
title the petitioner, according the provisions of this
act to the decree prayed for in the petition the Court
shall tbereupon declare an decree, that all the right
title and interest, Of the said President and Directors
in or to the lands mentioned and claimed in the pe
ton, be transferred 30 and vested in the petitioner
specifying in such decree the situation, description
and quantity Of the land with all mt and prsc
ticsbIe accuracy:-and If upon the whole, the Court
shall be Of opinion, that the petitioner is not entitled
tothe decree prayed for in his petition, it shall dismiss
the same;-Provded that in either even,, the pct.
toner shall be drcreed to pay all the Of the pro-
ceeding IL. the said Cour, Of Chancery.
10 The sad President and Directors may, at any