Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-04-15

forfeiture and vesng thereof, in the said Presidcn
and Dire otors actual possession and occupation of
the said forfeited lands, any part parcel thereof
Tor much thereof, such person persons shall
have just title claim to, legal equitable, bonahde
claimed, derived and held under any grant OF the
Commonwealth, which shall have been issued before
the passing of this act and who shall have discharged
all taxes duly assessed against such person or PERSONS
upon such lands, and all taxes which ought to have
been assessed thereon, from the time when such per-
son or persons acquired his her or their title nereto
whether legal equitable
10. And whereas it is known to the General Assem-
ply that many cases. divers large tracts of land have
been escheated 20 the Commonwealth for want OF any
known heirs of the original grantee grantees the re-
Of or OF persons claiming under them, and such lands
by reason OF such escheat have become vested &C
cordng to law, the President and Directors OF the
Literary Fund, while at the very time OF the escheat
Tie same lands, parts parcels thereof, we're bona
hde Claimed, held and occupied by numerous other
persons deriving, title thereto from, or under other
grants of the Commonwealth, and having actually set
tied and improved the same, and discharged all taxes
Charged against then upon the lands SO claimed held
and occupied by them; and it is reasonable and just,
that the titles of such actual holders and bona hde
claimants of lands escheae ed should be Quoted and
perfected far the transfer to them OF the rights
vested in the said President and Drecorsand there
fore, 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 to lands Except such shall be herein after
eXcepted which have been or shall In reater be vest
ed in them, by of ay eschea thereof, for want
OF known heirs of the original grantee or grantees,
of persons claiming from under them, shall and may
be. in the herein after prescribed transferred
to, and vested in any and every person persons,
who shall be- at the time of escheat i'll actual
possession aid occupation of the said eschesed lands,
any part parcel thereof, for much thereof,
such person persons have Just title claim to, le
gal equitable bona ide claimed held and derived,
from under any grant of the Common eah, issued
before the date of the escheat and who shall have dis
charged all taxes duly assessed against him. her or
them, upon such lands and all taxes that ought have
been assessed charged thereon, from the time when
he she they, acquired his, her their title thereto,
whether legal equitable
II. And to the end, that it and certain remedy
may be provided, for ascertainng the rights OF any
such actual holders and bona ide claimants afore-
sad OF the SAID forfeite ed lands of any part par.
Gel thereof and for vcsting in, and assuring them,
all the right, title and interest, and the same,
which have heretofore been vested by law, which,
by the provisions of this act, SHALL may be hereaf>
ter vested in the President and Direct of the Lis
terary Fund and also, for ascertannr the rights of
such actual holders and bona fide claimants IS afore
said Of the sad escheated lands of any part par
Gel thereof and for vestng in and assuring ,hem
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 &C.
tual holder and bona ide claimant OF any of the
said forfeited lands of any OF the said escheated
lands, Of any part or parcel OF either, may prefer
his petition to the Superior Court OF Chancery hay-
ing jurisdiction the county wherein the said for
feited escheated iands the parcel of the same
ED and claimed by the petitioner or the greater mart
thereof 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
interest, OF the SAID President and Dire in or to
the SAID forfeited Lands, or the said esceated lands
the may be, any part parcel of either trans
crred 10, and vested in the said petitioner in purs
ance of 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
mentary evidence of such his right or title and show
the local situation aud quantity OF the land bv hin,
claimed and held specifying also, so far the Same
gre known, the person Or persons i'll whose name or
names, the lands held and claimed by him. stand for.
teIted for payment of taxes, escheated in man
ner aforesaid the lands shall have been forfeited
tor more than one delinquency escheated in more
than right the several delnquences for which for
FIXTURES Shall! have been incurred the several rights
escheated as the Gaze may be- finally setting forth
ether matters, which the petitioner NAV deer ma
terial to his case and praying the Court to decree
thai all Tie right, title and interest of the said Pres
dent and Directors, in to the lands claimed and
held by him, shall be transferred and vested in the
petitioner.
IL. Such petition may be preferred in Court, or
filed at any time in the Clerks office; and whenever
shall be SO preferred or filed, it shall be forthwith
set down tor hearing, without further pleadings and
"athont any proceedings at rules, but shall not be
heard till the term after it shall be preferred or
hled nor shall such petition be heard, until coDy
tnereof snail have been served 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 such service shall have been returned and
filed with the petition at least one month before the
hearing. ~
| Is ANY Agent or Counsel of the President and hi
Fecors OF the Literary Fund, may appear and defend
their interests in such lands; and there be no such
Agent or Counsel employed by them for the purpose
1T shall be the duty of the said Attorney for the Com
monweah to defend their interests
-. When the petition shall be thus regularly pre
paredto bearing, the Court may and shall proceed to
consider the matter of the petition upon the exhibits
tiled with the same, and such evidence of witnesses,
taken and filed according the course of proceedings
IN Chancery, as shall be adduccd for or arainst the
pe1toner, and may order surveys and direct issues to
try the questions OF fact in its dscretion-and if upon
the whole the material facts set forth in the
shall De satisfactorily proved the Court and The
facts so proved shall, i'll the opinion Of The Court en-
TILE the petitioner, according to the provisions of this
act to the decree prayed for in the petition the Court
shall thercuPon declare AMI decree that ali the right
title and interest, of the said President and Directors
I'D or to the lands mentioned and claimed in the nett
ton, be transferred to and vested in the petitioner
specifying in such decree the situation Dissertation
and quantity OF the land, with all convenient and nrac
tcabie accuracy it upon the whole, the Court
shall be OF opinion that the petitioner is not entitled
othe decree prayed fer in his petition it shall dismiss
me same;-Proyided that in either event, the pet
TONER shall be decrecl to nav ollt the ,os,- e