Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-04-22

We passing al Tins FCt, Hi who shall have lischarred
all taxes. duly assessed against such person or persons
upon such lands, and Hi taxes which ought to have
been assessed thereon, from the time when such ner
persons acquired his, her or their title
whether legal or equitable.
10. And whereas IT is known to the General Assem-
ply 'ha IN many cases, divers large of land have
0eeh esc"eaed To the Commonw ealth for want of any
known ners OF the original grantee grantees there
Of or OF persons claiming under Them and such lands
oy reason ot such escheat, have become vested ac-
o.o"S 10 law, IN the President and Directors of the
Literary Fund.- while at the very time of the escheat
the same lands, pats parcels thereof we're bona
nue. CANNED, held and occupied by numerous other
PERSONS cer'ins title thereto, from, under other
grants OF 'he commonwealth, and having actually set
ued and improved the snd discharged all taxes
'''Se" against them, upon the lands so claimed held
and occupied by them; and it is reasonable and lust
'nat 'he titles OF such actual holders and bona fde
Claimants OF lands cschea ed should be quoted and
perfected SO tar as 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:
BE 1T, therefore, further enacted, That all the right
title and interest of the said President and Directors
to any lands Except such rs shall be herein aft
eXceped) which have been shall h, reafter be vest
ed IN them by reason of any escheat thereof for
OF known heirs OF the original grantee grantees
OF persons claiming from under them shall and NAV
be, IN the manner herein after prescribed transferred
10, and vested IN any and every person persons
VINO were or shall be, at the time of eschea in actual
possession aud occupation of the said eschested lands
or any part or parcel thereof for so much thereof as
such person or persons have just title claim to, le
gal or equitable, bona de Claim ed held and derive
from or under any grant of the Commonwealth issued
before the date of the escheat, and who shall have dis
charged all taxes duly assessed against him, her or
them upon such lands and all taxes 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 and certain remedy
may be provided, for asceraining the rights of any
such actual holders and bona hde claimants afore-
SAID, OF the SAID forfeited lands of any part
eel thereof, and for vesng in, and assuring to them
all the right, title and interest, in and the same
which have heretofore been vested by law or which,
by the provisions of this act, SHALL or NAV be hereaf,
ter vested, in the President and Directors of the Lis
erary Fund and also, for ascertainng the rights Of
such actual holders and bona de claimants afore-
SAID, OF the said esoheted lands any part par
eel thereof, and for vestng in and assuring to 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 &C
tual 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
ms petition to the Superior Court of Chancery, hav-
ing jurisdiction overthe county wherein the said for
teited or escheated lands the parcel of the same
hed and 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
enttie 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 as
the case may be, any part parcel of either trans
terred to, and vested in the said petitioner in purs
ance OF the provisions of this act, stating and deduc
ing his own right title, legal or equitable to the
land by him claimed and held, exhibiting the docu
mentary evidence of such his right title and sho W.
ing the local situation and quantity of 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. stand for
feIted tor payment of taxes, escheated in man.
aforesaid or if the lands shall have been ed
tor more than one delinquency, escheated in more
than light, the several denque nces for which for
FIXTURES shall have been incurred several rights
escheated, the may be- finally setting forth
any other matters which the petitioner NAV deem ma
tha
that all the right title and interest, of the said Pres
dent and Directors in or to the lands claimed and
helu by him. shall be transferred to and vested in the
petitioner.
IL. Such petition may be preferred in Court, or
hled at any time in the Clerks Offices and whenever
it shall be preferred or fled it shall be forhw;tb
set down for hearing, without further pIeadngs and
without any proceedings at rules but shall not be
heard till the term next after shall be preferred or
MED; nor shall such petition be heard, until COW
thereof shall have been served on 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 ST CHI service shall have been returned and
hed with the petition, at least month before the
hearing.
IS. Any Agent or Counsel of the President and nj;
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
1t shall be the duty OF the said Attorney for the Com
monweaith 20 defend their interests.
III When the petition shall be thus regularly pre
paredor hearing, the Court may and shall proceed to
filed with the same, and such evidence of witnesses
taken and filed according to the course of proceedings
in Chancery, shall be adduced for or against HE
petitioner and may order surveys, and direct issues TO
try the questions Of fact, in its dscreton-and if upon
the whole, the material facts set forth i'm the Detion
shall be satisfactorily proved to 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 theTeuPon 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 peti
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
tcabie accuracy:-and if upon the whole the Court |
shall be OF opinion, that the petitioner is not entitled
to the decree prayed for in his petition it shall dismiss
the same:-Proyided that in either event, the petit
TONER shall be decreed to pay all the costs of the pro
cecding ir the said Court of Chancery.
IS. The said President and Directors nav at anv
time within year after such decree as aforesaid
shall be pronounced, pray appeal from the same to
the Court of Appeals, in like manner as appeals NAV
be prayed from other DEGREES in Cbancery; and the
Court of Appeals may review, and affirm or reverse
such deer, c, to it shall just and shall decree
costs to the said President and Directors if the decree