Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-04-30

,himcd. derived and held under any grant OF the
which shalt h. Q been issued before
lie passing of this act, and whs shall have discharged
Al taxes duly ssrd sgans, ich prrsen persons
ipon such lands, and all taxes which ought Ia have
been assessed thereon, from the time when such per
son or persons acquitted his her their title thereto,
whether legal or equitable.
10. And whereas it is known To the General Assem-
bly,, that in many divers large tracts Of land
been esceated to the Common ezlth. fr want at
known heirs nf the original grantee grantees tn
Of OF persons claiming under the and such lands
by reason ct such sschrst. have become vested ac-
cording to law, the President and Directors ct the
Literary Fund, while At the time os the cschcat.
the same lands, pats parcels thereof 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 anil DISCHARGED ali ,aK-s
charged against them, upon the lands so claimed held
and occupied 10y them; and 10 reasonable and just.
that the title, Of such actual holders and bona hde
claimants of ands esehrsd should be q"ieted and
perfected far the transfer Z" them of the rights
vested in the said President and Drect"vs-and, there
fore. sunjee, to the disposition "f the General Assem-
bly,, may accomplish that object;
De II, therefore, further enacted That all the right
title and interest of the said President and Directors
IN or to any lands (exc- such shall he herein after
excep'ed,) which have been sh. rraftrr hr vest
ed in them, by of eschest thereof tor want
ct knnwn h~irs Of the original grantee grantees,
q persons claiming from under them shall and
be, in the herein after prescribed transferred
to, and vested in any and every person persons.
who shall be. at the time Of eschest, actual
possession al occupation of the said eschrsc lands,
part paroei thereof, for much thereof,
person persons have just title CLAIM tn, le
gal q equitable. bona hde elaied held and derived.
from under any grant Of the Commonwealth. issued
before the date Of the eschest, and Who shall have dis
charged all duly assessed against him. her
m, upon such lands, and all that ought to have
or en- rged thereon, from the time when
he she they. acquired hs her their title thereto,
whether legal or eqntable
| IL. And to the end that fit and certain omcly
may be provided, for ascerainrng the rights OF any
such actual holders and bana fde claimants, afo
sad of the SAID forfeit eel lands, of part par
eel thereof, and tor vestng in and assuring them,
all the right, title and interest, and to the
@hieh have heretofore been vested by law, which,
by the provisions ct this act, SHALL may be herea
ter vested, in the Preside and Directors OF the Liz
terary Fund and ssn for ascertaining the rights If
such actual holders and bona de claimants aforr-
said OF the said heated lands, OF any part par
eel thereof, and for vesting in and assuring the
all the right, title and interest Of the said President
and Directors in and to the said esch-sted lands:
Be 1t, therefore, further enacted That any such
| tua holder and bona hde claimant of any of the
said forfeited lands. of any of the said eschcstrd
lands of any part parcel of either, may prefer
his petition to the Superior Court of Cnsncery, hav-
ing jurisdiction the county wherein the said for
feted escheatd la DIS, or the parcel of the SAM,
held and claimed by the petitioner or the greater part
thereof e setting forth, specially and precisely,
all the facts, which. IN the opinion of petitioner,
entle him, according to the provisions of this act.
herein above contained to have the right, title and
interest, of the said President and Directors
the said forfeited lands the said eseheated lands
the may be, part parcel of either trans
ferred to- and vested IN the said petitioner in pursu
ance Of the provisions of this act, stating and deduc-
ing his own right title. legal equitable, to the
land by him claimed and held, exhibiting the ducu-
mentary evidence of such his right title, and sho
IN, the local situation and quantity of the land by him
claimed and held; specifying also, so far the
| src kno-n, the person persons, whose name or
names, the lands held and claimed by him. stand for.
feited for non payment OF taxes, escheated
Aforesaid or II the lands shall have been forfeited
for more than one delinquency, escheated in more
than one right the several denque nccs for hch for
FIXTURES shall have been incurred, the several
eschcated, as the Gaze ny - finally setting forth
any other matters, which The petitioner MAY dee ma
terial to hrs and praying the Court decree,
that all the right, title and inerts, of the said Prrs
dent aud Directors in or To the lands claimed an
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
it shall be preferred filed, it shall be forthwith
set down for hesrng. without further pleadings, and
without any proceedings at rules, but shall not be
heard, till the term after it shall be preferte. or
filed; shall such petition be heard, until copy
thereof shall have been served the Attorney for
the Common eath, for the Superior Cour, of Law of
the County wherein the petition shall be preferred
and another copy served on the Second Auditor and
affidavit sf ST ch service shall have be- returned and
filed with the petition. at least month before the
hearing.
10. Any Agent Counsel Of the President and Di
rectOrs OF the Literary Fund, may appear and defend
their interests in such lands and If there be no such
I
1t shall be the duty of the said Attorney for the Com.
monwcslth TO defend their interests.
IL. When the petition shall be thus yulary pfe
psredor hearing, the Court may and shall proceed N
consider the matter Of the petition upon the exhibits
MED with the same, and such evidence Of witnc sses
taken and fled according TO the Course of
IN Chancery, as shall be sdduc,d for against the
petitioner, and may order surveys and direct issues to
try the questions Of fact in s dscreiionand upon
the WHOLE The material facts forth in the petit
SHALL be satisfactorily proved the Court, and the
Ia nrIy al..H H.
title the petitioner, according the provisions of this
act to the decree prayed for in the petition, the Court
sh. thersapon dec lare AMI decree, that all the right
title and interest OF the said President and Directors
~ or 10 The lands mentioned and claimed in the petit
ton, be transferred TO and vested in the petitioner
specify my in such decree tn. situation, descrIptinn
aud quantity of the land, with al coIvenen ut and pras
ucabe accurScy:-and IT upon the whole, the Cour.
shall be o opinIOn that the petitioner is not entitled
tothe decree prayed for in his petition, IL shl dismiss
the same:-ProvIded that in either event, the pc.
toner shall be decreed pay all the costs Of the prs
ceeding ir the said Court of Cb1nccgy
IS. The SAID President and Directors may, at any