Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-05-07


claimed, derived and held under any grant OF the
Commonw ealth. which shall Ia been issued before
the passing of this act, and who shall have discharged
all taxes. duly assessed against lch persons,
upon such lands, and all taxes whic. ought TO have
been assessed thereon, from the ime when such per
son or persons acquired his her or their title thereto
whether legal or equitable.
10. And whereas II is known TO the General Assem-
bly,, that in cases, divers large Of land have
been escheated To the Commonwe ah, for want of
known heirs ct the original grantee or 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 of the
Literary Fund.- while at the time Of the escheat,
the same lands, pats parcels thereof bona
iidc claimed, held aud 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 1t is reasonable and just,
that the titles of such actual holders and bona fde
claimants of ands eschea,cd should be quieted and
perfected far the transfer to them of the rights
vested in the said President and Drectors-and. there
fore, subject 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
to lands Except such shall be herein after
eNcepcd,) which have been shall H. reaster be vest-
ed in them by OF any eschea thereof for want
OF known heirs OF the original grantee grantees
M persons claiming from or under them, shall! and may
be- in the manner herein after prescribed transferred
to. and vested in any and every person persons
who were shall be- at the time OF escheat. in actual
possession aid occupation of the said cschcstcd lands
or any part psrce thereof for so much thereof,
such person persons have just title claim to, le
gal equitable. bona ide claimed held and derived.
from under grant OF the Commonw calth, issued
before the date of the eschcst and who shall have dis
charged all taxes duly assessed against him, her or
them upon such lands and all taxes that ought to 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 a fit and certain remedy
may be provided for ascertsin,ng the rights OF any
such actual holders and bona de claimants, afore
said of the said furfctc cd lands of any part par
eel thereof, and for vesng in, and assuring to ,hem
all the right, title and interest, and to the same
which have heretofore been vested by law, or which,
by the provisions OF this act SHALL may be hcreat>
ter vested in the President and Directors of the Lis
teTary Fund and alSo for ascertainng the rights 81
such actual holders and bona fde claimants aorc.
said, the said heated lands of any part par
Gel thereof, and for vesting i'll and assuring them
all the right, title and interest of the said President
and Directors in and TO the said escheated lands:
\ BE 1t, therefore, further enacted That any such
tual holder and bona fde 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 TO the Superior Court of Chancery hav
ing jurisdiction the county wherein the said for
teited escheated lsuds, 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, the opinion of petitioner
entitle 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 said forfeited lands the said eschea lands
the case part parcel OF either,
ferred and vested the said petitioner in pursu
of the provisions of this act, stating and deduc
ing his right title, legal equitable, the
land by him claimed and held, exhibiting the docu-
mentary evidence of such his right title and sho
inn the local situation and quantity of the land By him
claimed and held specifying also, far the same
are known the person or persons, IN whose name or
names, the lands held and claimed by him. stand for
feItcd for payment of taxes, escheated in man
ner aforesaid if the lanus shall have been forfeited
for more than one delinquency or escheated in more
han rpltt The del
FIXTURES shall have been incurred the rights
escheated, the may be; finally setting forth
Dd He I'd
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 he transferred to and vested in the
petitioner.
r. Such petition may be preferred in Court, or
filed any time in the Clerks office; and whenever
1t shall be preferred filed il shall be forthwith
set down for hearing, without further pleadngs, and
without any proceedings at rules, but shall be
heard, till the term next after it shall be preferred
tled; nor shall such petition be heard, until COPY
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 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 Di
rectors OF the Literary Fund.- may appear and defend
their interests in such lands and if there he no such
Agent or Counsel employed by them for the purpose,
IT shall be the duty of the said Attorney for the Com
monwcah to defend their interests.
IA. When the petition shall be thus regularly pre-
pared for hearing the Court may and shall proceed
consider the matter Of the petition upon the exhibits
filed with the same, and such evidence of Witnesses
taken and filed according TO the Of proceedings
IN ChanceTy, shall be adductd for or against the
petitioner, and may order surveys, and direct issues to
try the questions Of fact; in it's dscreon-and upon
the whole the material facts forth in the petition
shall be satisfactorily proved to the Court and the
facts so proved shall in the opinion of the Court
title the petitioner, according the provisions of this
act to the decree prayed for the petition tho Court
shall thercupon declare AMI decree, that all the right
title and interest," of the said President and Directors
IN or to the lands mentioned and claimed in the petit
ton, be trans erred 20 and vested in the petitioner
specifying IN such decree the situation description
and quantity of the land, with all convenient and prac
,icabc accuracy:-and it upon the whole, the Court
shall be OF opinion that the petitioner is entitled
to the decree prayed for in his petition, it shall dismiss
the same:-Provided that in either event the petit
toner shall be deorced pay all the costs Of the PRO
ceeding IT, the said Court Of Chancery.
-. The said President and Directors may, at any
time gfte