Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-05-12

.-. ~ c~e~osSa onttnStS Z DCTsOU VI pStSphSpI
:" Sucn lands, and all taxes which ought to have
nn assessed thereon, from the time when such per.
persons acquired his, her or their title thereto,
S,ne legal or equitable. !
~. And whereas il is known 70 the General Assem-
I. Hany cases, divers large tracts Of land have
80" es."eated TO the Commonwe alth, for want of any
IS ~ "e"s OF the original grantee or grantees there
W VI persons Claiming under them, and such lands,
oy reason OF such eschcat, have become vested ac-
1o.u'"B 10 law, IN the President and Directors Of the
nNelaly ."na, while Mt the very time OF the escheat,
- same tands, or parts or parcels thereof, we're bona
nue c'Afmeu' held and occupied by numerous other
persons deriving title thereto, from, or under other
grants OF the Commonwealth, and having actually set
',eu ana improved the same, and discharged all taxes
charged against them, upon the lands so claimed, held
aud occupied by them; and il is reasonable and Just,
that the titles Of such actual holders and bona fde
Claimants OF 'ands SO cscheated should be uuietcd and
perfected so far as the transfer to them of the rights
vested IN the said President and Dircctors-and, there
fore, subject to the disposition of the General Assem-.
bly,, may accomplish tina, object:
BE II, therefore, further enacted, That all the right,
title and interest Of the said President and Directors,
in or TO any lands Except such US shall be herein after
cxcepted,) which have been or shall h, reafter be vest
cd in them, by reason of any eschest thereof, for want
OF known heirs Of the original grantee or grantees, or
OF persons claiming from or under them, shall and may
be- in the manner herein after prescribed, transferred
TO, az! vested IN any and every person or persons;
who were or shall be, at the time of eschcat, in actual
possession aud occupation Of the said eschested lands,
or any part or psrcei thereof, for so much thereof, as
such person or persons have just title or claim To, le-
kb " CIulttOiS, OOuI iluG Cl1inlcus nelua anu UertNGU,
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 to have
been assessed or charged thereon, from the time when
he, she or they, acquired his, her or their title thereto,
whether legal or equitable
ii. And to the end. that a fit and certain remedy
may be provided, for asccrtaining the rights of any
such actual holders and bona fde claimants, as afore-
said, OF the SAID forfeited lands, or of any part or par
Gel ucrcai' and tor vestinS IN, and assuring TO them,
all the right, title and interest, in and To the same,
which have heretofore been vested by law, or which,
by the provisions of this act, shall, or may be hereaf>
ter vested, in the President and Directors of the Liz
,erary Fund and also, for ascertaining the rights Of
such actual holders and bona fide claimants as atorc-
said, OF the said esehested lands, or of any part or par
eel thereof, and for vcsting in and assuring 10 them,
all the right, title and interest of the said President
and Directors, III and 10 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. or OF any of the said escheated
lands, or OF any part or parcel Of either, may prefer
ms petition to the Superior Court OF Chancery, hav-
ing jurisdiction over the county wherein the said for
teited or escheated lards, or 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,
enute 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 10
the said forfeited lands, or the said escheated lands, rs
the case may be, or any part or parcel OF either, trans.
ferre4to, and vested in the said petitioner. in pursu-
ance OF the provisions of this act, stating and deduc-
ing his own right or title, legal or equitable, to the
land by him claimed and held, exhibiting the docu-
mentary evidence of such his right or title, and sho W.
inn the local situation and quantity Of the land by him
claimed and held specifying also, so 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 for nnn.payment of taxes, or escheated, in man.
ner aforesaid, or, IT the lands shall have been forfeited
Tor more than one delinquency, or escheated in more
than one right. the several delinqucncies for which for.
textures shall have been incurred, or the several rights
escheated, as the case may be; finally setting forth
any ether matters, which the petitioner may deem ma
ierial to his case. and praying the Court to decree,
that all the right, title and interest, of the said Presi.
dent and Directors, in OF to the lands claimed and
held by him, shall be transferred 10 and vested in the
petitioner.
II. Such petition may be preferred in Court, or
filed at any time in the Clerks Office; and whenever
1t shall be SO preferred or filed, it shall be forthwith
set down for hearing, without further pleadings, 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 q COPY
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
aiiidavit OF ST cb service shall have been returned and
h'"d with the petition, At least one month before the
ksfting.
Any Agent or Counsel Of the President and Di.
: ,c!or' 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
monwealth to defend their interests.
a. When the petition shall be thus regularly nre.
pared tor hearing, the Court may and shall proceed to
consider the matter Of the petition, upon the exhibits
hIed with the same, and such evidence of witnesses,
taken and filed according to the course of proceedings
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 discre,ion-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 shall, in the opinion of the Court, en-
title the petitioner, according to the provisions Of this
act to the decree prayed for in the petition, the Cour,
shall thereupon declare AMI decree, that ali The right.
title and interest, of the said President and Directors
III 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, descrlo,ion
and quantity of the land, with al convenient and prac-
ticable accuracy:-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 ~ame:-Provided that in either event, the nett.
soner shall be decreed to pay all the costs of the pro.
cee!lng IT, the said Court Of Chancery.
I' The said President and Directors may, at anv
Eme %Nl'r one year after such decree as aforesaid
shan &c pro-. ynced. pray An appeal from the same to
.ne Dourt oi hPtcsls, IN like manner as appeals may
DC prayed irora Ollie decrees in Chancery; and the
Court OF Appeals may re'.,w, and affirm or reverse
such decree c, as to Il stall seem jpst. and shall decree