Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-04-26


which shall h.. e besa issued before
lie passing of this act, and whs shall have discharged
all taxes duly assessed against ich persons,
,pon such lsna, and all taxrs which ought to have
been assessed thereon, from the time when such per-
son persons acquired his, her their title thereto
whether legal OF equitable.
10. And whereas it is known TO the General Assem-
bly,, that many cases. divers krge tracts Of land have
been escheated to the for want of any
known heirs of the original grantee grantees there
of, or OF persons claiming under them, and such lands
by reason OF such escheat. have become vested ac-
cordng tn law in the President and Directors of the
Literary Fund.- while at the very time os tho escheat,
the same lands, or pats parcels thereof bona
ide claimed, held and occupied by numerous other
persons deriving title thereto from, or under other
grants ct the Commonwealth aud having actually sct
tied and improved the same and discharged all taxes
charged against them upon the lands claimed held
aud occupied by them; and is reasonable and just,
that the titles of such actual holders and bona hde
claimants Of .ands cschcaed should be quctcd and
perfected far the transfer them of the rights
vested IN the sail President and rectors-an, there
fnre subject the disposition Of the General Assem-
bly,, may accomplish that object,
Be IL, therefore, further enacted That all the right,
title and interest of the said President and Directors
in lands such as shalt be herein after
eSccptcd) which have been shall h reattcr be vests
ed IN them by of any escheat thereof, for
OF Known heirs of the original grantee grantees. or
OF persons claiming from under them, shall and may
be- in the manner herein after prescribed transferred
To, and vested in shy and every person persons
who shall be, at the time of escheat in actual
any part parce thereof, for much thereof as
such person persons have Just title claim to- c-
gal equitable, bona tide claimed, held and derived
from under any grant OF the Commonwealth. issued
before the date Of the eschcat 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 fit aud certain remedy
may be provided for asceraining the rights OF any
a~s,a tgtnrs IL
sai Of the said forfeit ed lands of any part par
eel thereof and for vcsting in and assuring To ,hcm
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 hereaf
ter vested, the President and Directors of the Liz
terary Fund and also, for ascertanng the rights Of
such actual holders and bona idc claimants sfore
SAID, o the said ESQ heated lands of any part
eel thereof, and for vesng in and assuring to them
all the right title an interest of the said Prcsiden,
and Directors in and to the said escheatcd 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 escheaed
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
fe;ted escheaed lards, 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 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 case may be, or amy par, parcel of either
crred to, and vested III the said petitioner in pursu
OF the provisions OF this act, stating and deLuc
ing his own right title. legal equitable, the
land by him claimed and held, exhibiting the ducu
mentary evidence Of such his right title, and show
nr the local situation and quantity Of the land b, bin,
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 fur
feited for payment of taxes, eschea man.
aforesaid, if the lands shall been forfeited
for more than delinquency; escheated in more
than right the several de+nquc nccs for hch for
FIXTURES shall have been incurred the several rights
escheated, as the case may be; finally setting forth
any other matters which the petitioner may deem ma
erai to his case. and praying the Court decree,
that all the right, title and interest," of the said Pres
dent and Directors. in to the lands claimed and
held by him. shalt be transferred and vested in the
petitioner.
-. Such petition may be preferred in Court, or
fled at any time in the Clerks Office; and whenever
it shall be preferred fled it shall be forthwith
Sc, down for hearing without further pleadngs anil
stthout any proceedings at rules, but shall no, be
heard, till the after shall be preferred or
hied; nor shall snch 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
affidavit OF s,ch service shall have been returned and
filed with the petition. least month =fore the
hearing.
ID. Any Agen, or Csunsel 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
shall be the duty of the said Attorney for the Com.
monwealth to defend their interests.
II. When the petition shall be thus regularly nee
paredfor 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 fled according the course Of proceedings
IN Chancery shall be adduct for or against the
petitioner, snd may order surveys and direct issues to
try the questions of fact in ts dscreon-and IL 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 oil 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
in or to the lands mentioned and claimed tho peti.
ton, be transferred 90 and vested in the petitioner
specifying in such decree the situation description
and quantity OF the land, with all convenient and prac-
tcable accuracy:-gnd 1t upon the whole, the Court
shall be OF opinion, that the petitioner is not entitled
the decree prayed for in his petition. IL shall dismiss
the same:-Proyded that in either event. the peti.
toner shall be decreed to pay All the Of the pro-
ceedng IL. the said Court of Chancery.
Is. The SAID President nd