Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-04-05

nave Just tie or Claim To, legal equitable, bonade
Claimed, derived and held under any grant OF the
Commonwealth. which shsil lbs -~r issued before
the passing of this act, ard who 81 discharged
all taxes duly assessed against zach person persons
upon such lands, and all taxes which ought 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 Assem-
bly, that in uany cases, divers large tracts of land have
been escieated 20 the Commonwealth, for want of ayA
known heirs of the original grantee grantees there
oft, of persons claiming under them and such lands
by reason ct such cscheat. have become vested ac>
cordng to law, in the President and Directors of the
Literary Fund, while at the very time Of the escheat,
the same lands, parts parcels thereof were bona
hide c!amcd 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,
mat the titles of such actual holders and bona fde
Claimants Of ands escheated SHOULD be Queied and
perfected far the transfer to them of the rights
vested IN the said President and Drectorsand there
fore, subject the disposition of the General Assem-
bly,, may accomplish that object:
Bell, therefore, further enacted, That all the right,
TILE and interest of the said President and Directors,
IN or to any lands such shall be herein aft
excepted which have been shall h. reater be vest
cd IN them, by of any escheat thereof for
OF known heirs of the original grantee grantees or
OF persons claiming from under them shall and may
oe IN the manner herein after prescribed, transferred
10, and vested in shy and every person persons,
possession aud occupation of the said eschested lands
or any part thereof, for much thereof as
such person or persons have just title claim to, le
gal or equitable, bona hde claimed held and derived
from or 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 or
theu upon such lands, aud all that ought have
oeen assessed or charged thereon, from the when
ne she or they acquired his, her their title thereo
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 fde claimants az afore
said of the said forfeited lands of any part or par
Gel thereof, and for vesting in and assuring them
all the right, title and interest IN and to the same
winch have heretofore been vested by law, or which,
by the provisions of this act, SHALL or may be hereaf
ter vested, in the President and Directors of the Lis
teFary FUND and also, for ascertanng the rights Of
such actual holders and bona ide claimants afore-
sad of the said escheated lands of any part or par
eel thereof and for vesting in and assuring them,
all the right, title and interest of the said President
and Directors, in and to the said escheated lands
Be IT, therefore, further enacted, That any such ac
tna holder and bona fide claimant of any of the
SAID forfeited lands, of any of the said escheated
lands or of any past parcel of either, NAV prefer
his petition to the Superior Court of Chancerv hay.
ing jurisdiction overthe county wherein the said for
teted escheated lar ds or 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
entIte him according to the provisions of this act
herein above contained TO have the right, title and
IS.
the said forfeited lands the said escheated lands "a
the case may be- part parcel of either trans.
TERED to- and vested in the said petitioner in pursu
ance OF the provisions OF this act, stating and deduc
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 so
fnk the local situation and quantity of the land by him
Claimed and held specifying, also, so far as the same
are known, the person persons, in whose name OF
names, the lands held and claimed by him. stand for
feted for payment of taxes or escheated in man
he hay hoe Coz
for more than delinquency, cscheated in more
than one right, the several delnquen for which fr
textures Shall have been incnrred the several rights
eScheaed, as the case may be; finally setting forth
any other matters, which the petitioner may deem ma
terlal to his case and praying the Court to decree
that all the right title and Interest," tie said Pres
dent and Directors, in to the lands claimed and
held by him. shall be transferred to and vested IN the
petitioner,
IL. Such petition may be preferred in Court, OF
HE'D at any time in the Clerks office; and whenever
1t shall be SD preferred fled it shall be forthwith
set down for hearing, without further peadnps and
without any proceedings at rules, but shall not be
heard, till the term next after shall be preferred or
hled nor shall such petition be heard, until a conv
thereof shall have been served the Attorney for
the Commonwealth, for the Superior Court of Law of
the County wherein the petition sall be preferred
and another copy served on the Second Auditor and
atidaE OF sch service shall have been returned and
He'd with the petition, at least month before the
hearing
Is. ANY Agent Counsel Of the President and Di
recors CT the Literary Fund, may appear and defend
their interests in such lands, and if there be no such
Agent or Counsel employed by them for the purpose
it shall be the duty of the said Attorney for the Corn
to defend their interests.
H. When the petition shall b. thus regularly pre-.
paredtoF hearing, the Court may and shall proceed to
consider the matter of the petition upon the exbib,s
fled with the same, and such evidence of Witnesses
taken and fled according to the of proceedings
IN Chancery, as shall be addcccd for against the
petitioner, and may order surveys, and direc ssues 10
try the questions OF Fact III ITS dISCreton-and If
the whole, the material facts forth in the petittpn
s'ra be satisfactorily proved to the Court, and the
facts proved shall, The opinion of Che Cont en-
title the petitioner according the PROVISIONS of this
act to the decree prayed for in the petition the Court
snail thereupon declare AMI decree, that all the right
title aud interest, of the said President and
In or to the lands mentioned and claimed in the nett
ton, be transferred 20 and vested in the petitioner
specifying III sach decree the situation, description
and quantity of the land, With an and prac
tcabe acceiracy:-and IT upon the whole the Court
shall be OF opinion, that The petitioner Is not entitled
10 the decree prayed for IN his petition shah dismiss
the sarne:-ProVided that in either event the 81;