Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-04-22

commonwealth, which Shall have been issued before
the passing at this sct and who shall have discharged
all taxes duly assessed against such person persons,
upon such lands, and all taxes which ought TO have
been assessed thereon, from the time when such per-
persons acquired his. her or their title thereto,
whether legal equitable.
10. And whereas 1t is known to the General Assem-
bly, that many divers large tracts Of land have
been esceated to the Commonwealth. for want of any
known heirs of the original grantee 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 tho very time Of the escheat
the same lands, parts parcels thereof, bona
hde claimed, held aud occupied by numerous other
persons deriving title thereto, from, under other
grants OF the Commonwr alth, and having actually
tied and improved the 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 hde
claimants of lands escheated should be quoted and
perfected far the transfer to them Of the rights
vested in the said President and Directors-sn. 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,
III or TO any lands such shall be herein after
excepted) which have been shall h. reafter be vest
ed in them, by Of any eschest thereof for want
OF known heirs of the original grantee grantees,
OF persons claiming from under them, shall and may
be, in the herein after prescribed transferred
70, and vested in shy and every person or persons
Who shall be, at the time of escheat in actual
possession aid occupation Of the said esehested
any part parce thereof, for SO much thereof as
such person persons have just title or claim to- c
gal equitable, bona 6de 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
them, upon such lands and all that ought
been assessed or charged thereon, from the time when
he she or they, acquired his her their title thereto,
whether legal or equitable
II. And to the end, that fit and certain remedy
may be provided, for asceraining the rights Of any
such actual holders and bona fde claimants, as
mr. Of mart Or mar
eel thereof, and for vestng in, and assuring to them
all the right, title and interest in and the same,
which have heretofore been vested by law which,
by the provisions OF this act, SHALL may be hereat
ter vested in the President and Directors of the Liz
terary Fund and also for ascertainng the rights Of
such actual holders and bona fde claimants afore
sad of the said esq heated lands Of any part par
Gel thereof, and for vestng in and assuring them
all the right, title and interest of the said President
and Directors, in and to the said escheaed lands:
Be ii, therefore, further enacted, That any such &C.
tual holder and bona hde claimant of any of the
said forfeited lands Of any of the said escheated
lands or OF any part or parcel of either may prefer
his petition to the Superior Court Of Chancery hav-
ing jurisdiction over the county wherein the said for
fetsd escheated lands, the parcel of the same
held and claimed by the petitioner, the gre part
thereof may lie setting forth, specially and precisely,
all the facts which, in the opinion Of such petitioner
enute 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 esche lands as
the case 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 docu-
mentary evidence of such his right title, and show
inl the local situation and quantity of the land b, him
Claimed and held specifying also, far as the same
ore known, the person or persons, in whose name or
names the lands held and claimed by him. stand for
feted tor Of taxes, esche ated in man.
ner aforesaid, if the lands shall have been forfeited
tor more than one delinquency, escheated in more
than right the several dcnque nces for which for
FIXTURES shall have been incurred, several
escheated, the case may be; finally setting forth
any other matters, which the petitioner may deem ma
terial to his case, and praying the Court Decree
that all the right, title and interest," of the said Pres
dent and Directors, in OF to the lands claimed and
held by him, shall be transferred and vested in tho
petitioner.
~. Such petition may be preferred in Court, or
tiled at any time in the Clerks Office and whenever
tshall be SO preferred or fled it shall be forthwith
set down for hearing. without further pleadings and
without any proceedings at rules, but shall not be
heard till the term next after it shall be preferred or
filed; nor shall such petition be heard, until a 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 such service shall have been returned and
MED with The petition, at least month before the
hearing.
-. 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 tho purpose
it shall be the duty of the said Attorney for the Com
monweal,h to defend their interests
H. When the petition shall be thus regularly pre-.
psredfor hearing, the Court may and shall proceed to
consider the matter of the petition. upon the exhibits
hied with The same, and such evidence of witnesses
taken and filed according to the Of proceedings
IN Chancery as shall be adducrd foror sgains, the
petitioner and may order surveys and direct issues 10
Try the questions of fact in it's dscretion-and f upon
The whole, the material facts forth in the petition
shall be satisfactorily proved the Court, and the
facts so proved SHALL i'll 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 tbereupon declare and Decree that all the right
title and interest," of the said President and Directors
IN 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 description
and quantity Of the land, with all convenient and prac
tcable accuracy:-and il upon the WHOLE the Court
shall be OF opinion that the petitioner i, not entitled
tpthe decree prayed for in his petition shall dismiss
the same-Proyided that in either event, the peti.
toner shall be decreed to pay all the costs of the pro-
ceedng IT, the said Court Of Chanccry
Is. The said President and Directors nav az anv
time within one year after such decree as aforesaid
Lh