Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-04-14

ahd Dre tors IN actual possession anu occupation ot
the said forfeited lands any part parcel thereof
for much thereof such person or persons shall
have just title or claim Ia, legal equitable, bonatde
Claimed. derived and held under any grant OF the
commonwealth which shall have been issued before
the passing of this ac: and who shall have discharged
all taxes duly assessed against such person persons,
upon such lands ana all taxes which ough; to have
been assessed the reon, from the time when such per-
son or persons acquired his her or their title thereto,
whether legal or equitable.
10. And whereas it Is known to the General Assem-
bly, that In many cases. divers large Of land have
oeen escheated to the Commonwes th for want of any
known heirs at the original grantee grantees there
o or OF persons claiming under them, aud such lands,
by reason of such cschcat. have become vested ac-
cordng To law in the President and Directors OF the
Literary Fund, while at the time of the eschcat,
the same lands, or pats parcels thereof bona
hde Claimed, held and occupied by numerous other
persons deriving title thereto, from, under other
grants Of the Commonwealth and having actually
tied aud improved the same and discharged all taxes
Charged against them upon the lands claimed held
and occupied by them: and is reasonable and just,
that the titles of such actual holders and bona fde
claimants of ands eschesed should be quoted and
perfected far the transfer tn 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 tlA objects
BE it, therefore, further enacted That all the right
title and interest of the said President and Directors
10 or TO ANY lands Except such shall be herein after
excepted which have been shall rcafter be vest
ed IN them, by of any escheat thereof for want
ct known heirs of the original grantee grantees
be- IN the manner herein after prescribed transferred
to, and vested in sny and every person persons,
who shall be- at the time OF escheat, in actual
possession aud occupation ct the said eschesed lands,
or any part parcel thereof for much thereof as
such person persons have Just title claim to, e
gal equitable. bona tide claimed, held aud derived,
from or under any grant Of the Commonwealth, issued
before the date of the eschest, and vhusha have dis
charged all duly assessed ny ainst him, her
thc 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 ascertaining the rights of any
such actual holders and bona ide claima s aforc-
sad OF the SAID forfeit ed ands, OF any part par
eel thereof and for vestng in and assuring to 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 hereaf>
ter vested in the President and Directors of the Liz
terary Fund and aso for asccraiuing the rights Of
such actual holders and bona fdc claimants atorc-
sad of the said esoheated lands, of any part
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 eschea,ed lands
BE it. therefore, further enacted Tha, any such
tual holder and bona iide claimant of any Of the
said forfeited lands. or OF any of the said escheated
lands of any part parcel of either may prefer
his petition to the Superior Court of Chancery, hav-
ing jurisdiction the county wherein the said for
feed escheated iauds, the parcel of the same,
hei and claimed by the petitioner the greater part
thereof lie, setting forth, specially and precisely,
all the facts, which, in the opinion Of such petitioner,
ent,e 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 may be, part parcel of either trans
terred 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
nk the local and quantity of the land b, him
claimed and held specifying aso far as the Same
are known. the person persons, in whose name or
Names the lands held and claimed by him. stand for
feed for OF taxes, OF escheated, in
ner aforesaid. if the lands shall have been forfeited
for move than one delinquency, escheated in more
than right the several dcnquencies for which for
eitures 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
terial to his case and praying the Court to decree
that all the right, title and interest," of the said Presi
dent and Directors, in to the lands claimed and
held by him, shall be transferred to and vested in the
petitioner.
IL. Such petition may be preferred in Court, or
filed at any time in the Clerks Office; and whenever
shall be 50 preferred or hled it shall be forthwith
down for hearing, without further pleadings and
Without any proceedings at rules, but shall not be
heard, till the term next after shall be preferred or
filed; nor shall such petition be heard until 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
returned
filed with the petition, at least month before the
bearing.
IL. Any Agent or Counsel of the Presiden, 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
1t shall be the duty of the SAID Attorney for the Com.
monvealtb to defend their interests.
Ii. When the petition shall be thus regularly pre-.
psredfo hearing the Court may and shall proceed to
consider the matter of the petition, upon the exhibits
hed with the same, and such evidence Of witnesses
taken and filed according to the of edngs
in Chanceyy, shall be adducCd for or against the
petitioner, and may order surveys and direct issues to
try the questions of fact in its disGfe;ion-and upon
the whole the material facts set foh in the petition
shall be satisfactorily proved to tie Court and the
facts so proved shall in the opinion Of the Court en-
fe the petitioner, according to the provisions Of this
act to the decree prayed for in tho 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 in the pe,i-
ton, be transferred to and vested in the petitioner
specifying in such decree the situation description
aud quantity Of the land with all convenient and prac
hcabe aecuracy:-and it upon the whole. the Court
shall be OF opinion, that the petitioner is not entitled
TO the decree prayed for in his petition shall dismiss