Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-04-20

have just ue claim ", leEv rec sftable bonsAds
C S,mea. derived and held under any grant OF the
passing OF this act, and who shall have discharged
all taxes duly assessed against such person or
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 their title thereto
whether legal or equitable.
10. And whereas it is known to the General Assem-
Oily, that m many cases. divers large Of land
been escheatcd to the Commonwealth for want of any
known heirs of the original grantee grantees the
or or of persons claiming under them. and such lands,
ny reason at suoh eschcat. have become vested ac-
cordng tn law in the President and Directors of the
Literary Fund.- while at the very time Of the eschcat.
the same lands, or parts 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 same, and discharged all
charged against them, upon the lands claimed. held
and occupied by them; and il is reasonable and ius
that the titles of such actual holders and bona 6de
claimants OF ands so escheated should be quoted and
perfected so far as the transfer to them of the rights
vested IN the SAID Preside mt and Drectors-snd there
fore, subject TO the disposition of the General Assem-
bly,, may accomplish thar object:
Be IT. therefore, further enacted That all the right
title and interest of the said President and Directors
IN or to any lands Except such shall be herein aft
excepted) which have been shall h. reafter be
eel IN them, by of any escheat thereof for
OF known heirs of the original grantee grantees
OF persons claiming from under them, shall and
be- IN the manner herein after prescribed transferred
to- and vested in any and every person or persons
who were or shall be, at the time of escheat in actual
possession aid occupation of the said eschested lands
or part parcei thereof for so much thereof as
such person persons have just title claim to-
gal or equitable, bona hde 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 duly assessed against him, her
them upon such lands, and all that ought have
been assessed charged thereon, from the time when
he, she they acquired his her their title thereto
whether legal or equitable
IL. And to the end, that At and certain remedy
may be provided for ascertaining the rights of any
such actual holders and bona fde claimants as afore
sad of the said forfeited lands or of any part or par
eel thereof, and for vesting in and assuring them
all the right, title and interest, in and to the same
which have heretofore been vested by law which,
oy the provisions OF this act, SHALL be hereaf>
ter vested, in the President and Directors of the Liz
terary Fund and aso for ascertainng the rights Of
such actual holders and bona de claimants as aforc-
said OF the said esCheated lands of any part par
eel thereof and for vesting in and assuring to 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
tual holder and bona fide claimant of any of the
said forfeited lands, of any of the said escheated
lands, or Of any part parcel of either may prefer
his petition to the Superior Court of Chancery, hav-
ing jurisdiction the county wherein the said for
feted eschcated lands 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,
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 in or to
the said forfeited lands the said escheated lands as
the case may be- any part parcel of either trans
ferred to- and vested in the said petitioner in pursu
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 docu.
mentary evidence of such his right title, and show
ns the local situation and quantity of the land by him
claimed and held specifying also, far as the same
ere known, the person or persons, in whose name or
names. the lands held and claimed by him. stand for
ore 81 -,
ner aforesaid, It the lands shall have been forfeited
for more than delinquency, or escheated in more
than one right the several delnquences for which for
FIXTURES shall have been incurred the rights
escheated, as the may be; finally setting forth
any other matters, which the petitioner may dee m ma
teria to his and praying the Court to decree
that all the right, title and interest of the said Pre-
dent and Directors, in to the lands claimed ami
held by him, shall be transferred to and vested in the
petitioner.
- Such petition may be preferred in Court. mr.
filed at any time in the Clerks office: aud whenever
1t shall be preferred filed it shall be forthwith
set down for hearing, without further pleadings and
without any proceedings at rules, but shall not be
heard, till the next after it shall be prefrrred mr.
filed; shall such petition be heard until conv
thereof shall 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 ST CHI service shall have been returned and
MED with the petition, at least month before the
hearing.
IL. any agent or 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
Agent or Counsel employed by them for the purpose
it shall be the duty of the said Attorney for the Com
monweah TO defend their Interests.
II. 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 the exhibits
filed with the same, and such evidence of witnesses
taken and fled according to the of proce edngs
III Chancery, shall be adduccd for or against the
petitioner, and may order surveys, and direct issues to
try the questions of fact. in its dlscreon-and if upon
the whole, the material facts set forth in the petition
shall be satisfactorily proved to the Court and the
facts so proved SHALL in the opinion of the Court en-
title the petitioner, according to the provisions of this
act to the decree prayed for in the petition the Court
shall thereupon declare AMI decree, that all the right
title and interest, of the said President and Directors
III or to the lands mentioned and claimed in the peti
ton, be transferred TO and vested in the petitioner
specifying in such decree the situation, description
aud quantity Of the land, with all convenient and rac
ticabIe accuracy;-and If upon the WHOLE the Court
shall be OF opinion, that the petitioner not entitled
to the decree prayed for in his petition it shall dismiss
the same:-Proyided that in either event, the petit
TONER shall be decreed to pay all the Of the pro-
ceeding il the said Court Of Chancery.