Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-04-16

eah. which shall have been issued before
he passing Of this act and who shalt have discharged
Upon such lands, and all taxes which ought to have
been assessed thereon, from the time when such per.
,on acquired his her their title thereto
whether legal or equitable.
10. And whereas it is known to the General Assem-
bly, that many cases, divers srge tracts Of land
been escheated to the Commonwealth for of any
known heirs OF the original grantee grantees there
Of or of persons claiming under them, aud such lands
by reason of such eschest, have become vested ac>
cordng To law in the President and Directors Of the
Literary Fund.- while Mt the very time of the eschcat
the lands or parts or parcels thereof we're 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 taxes
charged against them urou the lands claimed held
and occupied by thcm and it is reasonable and just,
that the titles Of such actual holders and bona 6de
claimants Of lands cscheated should be quoted and
perfected far the transfer to them of the rights
vested IN the said President and Directorsand there
fore, subject the disposition of the General Assem-
bly,, may accomplish that object:
BE II, therefore, further enacted, That all the right,
title and interest Of the said President and Directors.
in or tn lands Except such shall be herein after
excepted which have been shall rcatter be vest
ed in them, by of any eschcat thereof for
OF known heirs of the original grantee grantees,
ot persons claiming from OF under them, shall and may
be- IN the manncr herein after prescribed transferred
to, and vested in any and every person persons,
who shall be, at the time Of escheat in actual
possession and occupation of the said eschesed lands,
such person persons have just title claim to- lc
gal equitable. bona fde 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 s taxes that ought TO have
been assessed charged thereon from the time when
he, she they, acquired his, her their title thereto
whether legal equitable
IL. And to the end, that it and certain remedy
may be provided, for ascertainng the rights OF any
such actual holders and bona idc claimants, sfore.
I NJ ~
eel thereof and for vcstinS in, and assuring 70 them
all the right, title and interest, and TO the same
which have heretofore been vss:,ci Dy law or which
by the provisions of this act shall or may he hereaF,
ter vested, in the President and Directors of the Ii.
erary Fund and also, for ascertanng the rights Of
such actual holders and bona file claimants as aore
sad of the said esoheate lands of any part par
eel thereof, and for vestng in and assuring them
all the right title ard interest of the said Presiden,
and Directors, in and to the said escheated lands;
BE IT. therefore further enacted, That any such ac
'ua, hoidsr and bona hde claimant Of any of the
SAID forfeited lands Or OF any of the said escheaed
airuS1 or ct any part parcel of either may prefer
Tvs etIion to the Superior Court of Chancery, hav-
ng jurisdiction overt the county wherein the said for
leited escleated lands, The parcel of the same
held and clmed by the petitioner, or the greater part
thereof may lie, setting forth, specially and precisely
all the facts which, in the opinion of such petitioner
entite 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 said forfeited Lands the said escheated lands as
the case be, parcel of either
terred to, and vested in the said petitioner pursu
of the provisions Of this act, stating and educ
fnE his own right or title, legal equitable, the
land by him claimed and held, exhibiting the doom
meptary evidence of such his right title and show
inT the local situation and quantity of the land by him
claimed and held specifying also, far as the same
sre known, the person or persons in whose name OF
names, the lands held and claimed by him. stand for
feited for payment Of taxes, or in man.
aforesaid, or if the lands shall have been forfeited
for more than delinquency, escheated in more
than one right, the several cehnquenccs for which for
feita.rs sal have been incurred, the several rights
eschested, as the Gaze may be- finally setting forth
dny other matters, which the petitioner NAV deem ma.
terAi to hts cases and praying the Court to decrre
tat all the right, title and interest Of the Said Pres
dent and Directors, m TO the lands claimed and
held by him. shall be transferred and vested in the
petitioner
~. Snch petition may be preferred in Court. or
hed al any time IN the Clerks office, and whenever
Shall he so preferred fled it shall be forthwith
sci down for hearing without further pleadngs and
without any proceedings at rales but shall not bs
heard ill the term next after it shall be preferred or
hled nor shall such petition be heard, until a CORY
thereof shall have been served on the Attorney for
the Common ath for the Superior Court of Ia ~ of
the County wherein the petition shall be preferred
and another copy served on the Second Auditor and
affidavit of sich service shall have been returned and
fled with The petition, at least one month before the
hearing.
IL. Any Agent or Counsel of the President and D;
recors Of the Literary Fund, may appear and defend
their interests in snch lands; and if there be no su ch
h6SCt W ell Oy Ulem Tor the DurDO4.
shall be the duty Of the asId Attorney for the Com
monweath to defsnd their interests
Ia When the petition shall be thus regularly nre
pared for hearing, the Conr, may and shall to
cnnsider the matter OF the petition upon the exhibits
filed with the game, and such evidence of witnesses
taken and filed according to the course of
III Chancery as shall be adduced for or against the
petitioner and pay order surveys and direct issues to
Try the questions Of fact in it's dscretion-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 sha in the opinion Of the Court
title the petitioner, according the provisions of this
act to the decree prayed for in the petition the Court
shall theTeupon declare AMI degree that ali 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 20 and vested in the petitioner
specifying in such decree the situation, description
and quantity Of the land with all and prac
ncsbIe accnracy;-and If upon the whole, the Court
shall be OF opinion, that the petitioner is not entitled
tothe decree prayed for in his petition it shall dismiss
the same;-Provlded that in either event, the petit
toner shall be decreed to pay all the costs of the pro.
ceedng IT, the said Court of Chancery.
l5 The said President and Directors nav al any
tune within one year after such decree as aforesaid
snail be pronounced, an the s.rn, q,