Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-04-19

which shall have bee issued before
all duly assessed sgans, such person or
upon such lands, and all taxes which ought to have
been assessed thereon, from the time when such per-
persons acquired his, her or their title
whether legal OF equitable.
10. And whereas il Is known To the General Assem-
bly, that IN many divers large Of land
been eschea,ed to the wealth. for want of any
known heirs ut the original grantee grantees there
at, OF persons claiming under them, and such lands
by reason of such escheat. have become vested ac-
corng to law. in the President and Directors of the
Literary Fund, while at the very time of the escheat
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 set
tied and improved the same, and discharged all taxes
Charged against them, upon the lands claimed held
and occupied by them; and it is reasonable and just
that the titles of such actual holders and bona hde
claimants of ands eschcated should be uieted and
perfected far the transfer them of the rights
vested in the said President and Drectors-an. there
fore, subject the disposition of the General Assem-
bly,, may accomplish that object:
Ben therefore, further enacted That all the right,
title and interest OF the said President and Directors,
IN or to any lands Except such shall be herein after
excepted) which have been shall h, reater be
ed in them by of eschest thereof, for
OF known heirs Of the original grantee grantees.
OF persons claiming from under them, shall and may
be, M the manner herein after prescribed transferred
to, and vested IN any and every person persons,
who were or shall be, at the time Of eschea in actual
possession Id occupation OF the said esche lands
thereon,
such person or persons have just title claim to- e
gal or equitable bona 6dc claimed, held and derived
from or under grant OF the Commonwe issued
before the date of the escheat and who shall have dis
charged all taxes duly assessed against him, her OF
them, upon such lands and all that ought have
been assessed or charged thereon from the time when
he, she or 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 ascertaning the rights OF any
such sexual holders and bona fde claimants, afore
said, of the said forfeited lands of any part or par
eel thereof and for vesting in, and assuring them
all the right, title and interest, in 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 also, for ascertanng the rights Of
such actual holders and bona fde claimants afore-
sad of the said esoheaed lands of any part par
eel thereof and for vesng 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 IT, therefore, further enacted, That any such &C.
tual holder and bona fde 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 over the county wherein the said fo
teted or escheated lands, the parcel of the same
held and claimed 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 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 esche ated lands as
the case may be- or any part parcel of either trans
TERED to- and vested the said petitioner in pursu-
ance of the provisions of this act, stating and deduc
ing his right title legal or equitable to the
land by him claimed and held exhibiting the docu.
mentary evidence of such his right title and show
inl the local situation and Quantity of the land by him
claimed and held specifying also, 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 non payment of taxes escheated in man.
ner aforesaid, if the lands shall been forfeited
for more than one delinquency OF ,scheated in more
than right. the several delmquences for hch for
textures Shall have been incurred the several rights
eschested, as the may be; finally setting forth
any other matters, which the petitioner may EN- ma
terial to his case and praying the Court to decree
that all the right, title and interest of the said Pres
dent and Directors, in to the lands claimed and
held by him, shall be transferred and vested in the
petitioner.
II. Such petition may be preferred in Court, or
hed at any time in the Clerks ofice and whenever
1t shall be preferred filed, it shall be forthwith
set down for hearing, without further pleadnrs and
without any proceedings at rules but shall no, be
heard till the next after il shall be nreferr.d mr.
filed; shall such petition be heard until \ conv
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
afhdavit OF stch service shall have been returned and
hed with the petition, at least month before the
hearing.
10. Any Agent or Counsel of the President and nj
rectors OF the Literary Fund, may appear and defend
their interests in such lands; and il there be no sucb
Agent or Counsel employed by them for the purpose
It shall be the duty of the said Attorney for the Com
monwealth to defend their interests
-. 'ee petition shall be thus regularly pre.
Paeu nearing the court may and shall proce ed IN
consider the matter of the petition, upon he xL;ti,
filed with the same, and such evidence of wtnesses
taken and filed according the course of ednvs
III Chancery, as shall be adduccd for or against the
petitioner and may order surveys and direct issues To
try the questions of fact in its dscretion-and if upon
the whole the material facts forth in the petition
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 the'eupon declare AMI decree that all the right
title and interest, OF the said President and Directors
III or to the lands mentioned and claimed i'm the neti
ton, be trans 'erred 10 and vested in the petitioner
specify ing IN such decree the situation dissertation
aud quantity OF the land, with al convenient and
ucHble accuracy:-and IT upon the whole the Court
shall be OF opinion, that the petitioner not entitled
othe decree prayed for in his petition it shall dismiss
TIE same:-ProyIded that in either event, the petit
ton shall be decreed to pay all the costs of the pro-
ceedIng IT, the said Court Of Chancery.
IS The said President and Directors may, at any
time within one year after such decree as aforesaid
snail be pronounced, pray appeal from the same to