Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-05-03

commonwealth, which shall hk been issued before
he passing of this act, and who shall have discharged
Ill taxes duly assessed against snch person persons,
ipon such lands, and all taxes which ought To have
been assessed thereon, from the time when such per-
son or acquired his, her their title thereto,
whether legal or equitable.
H. And whereas it is known to the General Assem-
oy that in Uany divers large tracts Of land have
been esceated To the Commonw ealth for want of any
known heirs ct the original grantee grantees there
oh or ot persons claiming under them, and such lands
by reason OF such escbeat, have become vested ac-
cord'ng to law, the President and Directors of the
Literary Fund.- while at the very time of the escheat.
the same lands, parts parcels thereof we're bona
fie 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 taxes
Charged against them, upon the lands SO claimed held
and occupied by them; and is reasonable and just,
that the titles of such actual holders and bona hde
claimants of ands escheaed Should be quoted and
perfected far the transfer to them of the rights
vested in the said President and Directors-and there
fore, subject to the disposition of the General Assem-
bly,, may accomplish that object:
BE 1t, therefore, further enacted. That all the right,
title interest of the said President and Directors,
IN to any lands Except such shall be herein after
exceped,) which have been shall h. reater be vests
ed in them by of any escheat thereof for want
OF known heirs of the original grantee grantees
OF persons claiming from under them shall and may
be, the herein after prescribed transferred
to, and vested in any and every person persons,
who shall be, the time Of escheat in actual
Isl,
any part parcei thereof, for much thereof,
such person persons have Just title claim to, le
gal equitable bona fide claimed, held and derived
from or under any grant of the Commonwealth, issued
before the date OF the e5cheat, and who shall have dis
charged all taxes duly assessed against him. her or
them, upon such lands and all that ought have
been assessed or charged thereon from the time when
he, she they acquired HIS her their title thereto,
whether legal or equitable
III. And to the end, that fit and certain remedy
may be provided for ascertanng the rights of any
such actual holders and bona de claimants afore-
said, OF the said forfeited anda of any part par
Gel thereof and for vestng in, and assuring them
all the right, title and interest and to the same
which have heretofore been vested by law, which,
by the provisions OF this act shall, may be herea>
ter vested in the President and Directors of the Liz
terary Fund and aso for ascertaining the rights of
such actual holders and bona fide claimants afore
sad of the said escheatcd lands of any part or
eel thereof, and for vesting in and assuring 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 &C.
tuai holder and bona fde 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 over county wherein the said for
eited or escheated lands, 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
enttle 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
the may be- any part parcel of either trans
TERED to, and vested the said petitioner in pIlrsu
ance OF the provisions of this act stating and deduc-
ing his right title, legal or equitable to the
land by him claimed and hefd, exhibiting the docu-
mentary evidence OF such his right title, and show
inS the local situation and quantity the land by him
claimed and held specifying also, far as the same
are known, the person or persons, in whose name or
names the lands held and claimed by him, for
eited tor payment OF taxes escheated in
ner aforesaid If the lands shall have been forfeited
Tor more than delinquency, or cscheated in more
than one right the several denquences for which for
TEXTURES shall have been incurred the several rights
escheated, the may be, finally setting forth
any other matters, which the petitioner may deem ma
terai to his case and praying the Court to decree,
that all the right title and interest," of the said Presi
dent and Directors in or to the lands claimed snd
held by him. shall be transferred to and vested in the
petitioner.
- ~ Such petition may be preferred in Court, OR
hed at any time in the Clerks Office; and whenever
1t shall be SO preferred fled it shall be forthwith
set down tor hearing, without further pleadngs and
without any proceedings at rules, but shall not be
heard till the term next after it shall be preferred or
hIed; nor shall such petition be heard, until a COPY
thereof shall have been served on the Attorney for
the Commonwealth, for the Superior Co0rt of Law of
the County wherein the petition shall be preferred
and another copy served on the Second Auditor and
affidavit of ST Oh service shall have been returned and
tiled with the petition, least one month before the
he arings
10. Any Agent or Counsel of the President and n;
rcctors OF the Literary Pund may appear and defend
their interests in such lands; and if 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
monweath to defend theiP interests
ii. When the petition shall be thus regularly pre
pared foe 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 filed according to the course of
in Chaucery, shall be adduced for or against the
petitioner, and may order surveys, and direct issues to
try the questions of fact in its screton-and if noon
the whole the material facts set forth in the petition
shall be satisfactorily proved the Court and the
facts SO proved shall, IN the opinion Of the Court en-
title the petitioner, according the provisions of this
act to the decree prayed for in the petition the Court
shall thereupon declare AMI Decree that ali the right
title and interest," of the said President and Directors
IN or to the lands mentioned aud claimed in the peti
ton, be transferred and vested in the petitioner
specifying in such decree the situation description
and quantity of the land, with all convenient and pra
tcabe accuracy:-and if upon the whole the Court
shall be ot opinion, that the petitioner not entitled
decree prayed for in his petition it shall dismiss
the saine:-Provided that in either event, the peti
toner shah be decreed to pay all the costs of the pro
ceed'ng IT. the said Court Of Chanccry.
Is. The said President and Directors NAV. Of ON,
tme within one year after such decree az aforesaid
sha' De pronounced, pray appeal from the Same to
.he court OF appeals in like manner as appeals NAV
De prayed from other DEGREES in ChanceYy; and the
court OF Appeals may review, and affirm or reverse
such deer e. as to shall seem ust and shall decree
COSt5 10 the Satd President Tlirectcrs tb H.