The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-01-05

mOnSeS IN SUITS IN eQulGy; Sucn service
to be made, however, thirty days before
able. ~ = .l#-'f5 .'..'.
2.Upon the return;of the summonses,
duly executed, as to such of the defend
ants as shall not appear during the
term to which such snmmonses are re-
turna BILE, the complainant's bill shall be
taken for confessed; and such as shall
appear, shall at the next succeeding
term ofthe Court, or at such intervening
rule day as the Court shall order, file
their answers subscribed and sworn to,
setting forth the boundaries of their re-
spective claims, with the grounds and
chains of their title, and upon their
failing so to. do, the eomplainants bill
shall be taken for confessed as to them
also, unless the Court shall for good
cause shown, give further time to make
and 6le their. answers: -i5 -
3. The court in which any such bills
sharTbe pending, shallh ave power, upon
the request of either party to appoint
commissioners or masters in chancery
to take testimony and to ascertain and
report any facts pertinent to the issue,
and also to appoint surveyors to make
any surveys that may become neces-
sary, and that either party shall re-
Quire; and when the testimony is COM
pleted, shall proceed to hear and deter
mine, sitting as court of equity, all
questions of law and fact arising in the
case, and to annul and order to be can
celled, in whole or in part, all patents
and so far as they shall be found to be
invalid; and its decision shall be con-
elusive upon the right of the parties,
provided, any party agrieyed may ap-
peal within the time and upon the terms
appeals are now allowed by law, from
the circuit courts.
4. IF any person entitled to bring his
| bill by the provisions of the first sec
tions of this act, shall fail to bring and
| prosecute the same, or his action of
| ejectment, within the time provided in
such first section, he shall be forever
barred of any right of entry, action or
claim, for SO much of his land as shall
have been cleared and improved, (and
to include so much adjoining woodland
as may have been used in connection
| with such improvement for getting
necessary fuel and fencing timber for
| the same, provided such appointment
wood lot shall not exceed - acres,
by any person claiming bona tfde under
| any grant from the State of Virginia
that is junior to his; which, with the
buildings and improvements thereon,
shall be confirmed to the person making
| or claiming such clearings and inn
| provements so made under junior
grants as aforesaid, but shall stand
| confirmed in his title to the remainder
SO lar as such occupant is concerned,
| provided any person who has right to
4 bring his bill by the first section of this
1 act, shall, when his right first accrues,
be an infant, married woman or insane,
such person may bring such bill or ac-
ton of ejectment within one year after
such disability is removed, but not
afterwards.
| 5. When in cases where the defendant
shall appear and answer, the Court
shall decide against him, he shall be
allowed the value of the improvements
bOTI6 Jide made by himself or those7un-
der whom he claims, and he to account
| to the complainant for the fair rent for
the use of the premises, and just COM
pensation for damage done and for
what has been taken therefrom by him
self or those under whom he claims
to be adjusted by the Court according
to the rules laid down in chapter 195
and 1856 of the Code of Virginia, I'd
edition. E...
! 6. The complainant, upon filing his
4 bill, shall be entitled to writ of in
junction upon the terms such writs are
now granted, restraining the defendants
from committing strip, or waste, Except
by clearing land for the purpose of cul-
tiVation) or selling, or assigning the
junior patents or grants under which
! they shall claim or the interest there
tofore claimed by them. to any person
without permission, from the Court.
Z. This act shall not be construed to
Erepeal or impair any other existing rem
the existing statutes of limitation, ex-
cept in the instance before stated" rrv-
Such a law, 1 submit, will at once
place the conflicting claims between the
actual occupants under junior grants
and bona ffde owners under previous
valid ones, whether the latter be resi-
dent or nonresident, in a process for
! speedy, equitable and just settlement,
with such patents as are valid, judici-
ously established, and such as are found
| n inx o1
so as to be incapable of further fraud or
mischief upon the public. This, a Court
of equity has the power of doing, as
well as to evoke the aid of jury when
deemed proper for settling any points
before making up its decree. It will
encourage actual occupants to clear
and improve all the land possible, and
so help the State, by giving him full as
surance thatiif the real owner fails to
come within the five years, he becomes
absolute owner of all he has cleared,
| with his buildings and enough more
adjoining woodland to furnish his farm
with necessary wood and timber. And
if the owner does sue within the time
and establish his title, he is to be al
bowed a fair compensation for all the
improvements that have been made on
the land, deducting what would be fair
for rent and what had been carried
away. This leaves the occupant, if the
owner claims, in as good or better plight
than the present law allows Linn. Be-
sides, believe the passage of such a
law would lead at once to an amicable
adjustment with most of the occupants.
Such law will also do full Justice to
the resident and nonresident owners.
kAs soon as the present occupants shall
be settled with, the law may be eX-
| tended to the settlement of con-
4 flictingI claims under patents to
lands remaining in a wilderness state,
as both at the same time would proba-
bly, devolYe too much business upon
the courts. 1t will be observed that
tanned, but the time for bringing it
4 five years, with the usual exceptions in
favor of persons under disabilities.
TIE . der, aud service of ii, to plead in
our present ejectment proceedings, !
submit, is superfuous and should be
abolished. The service of the declara-
ton upon the defendant is notice
enough. The proposed remedy, L sub
nit, is in accordance with the funua-
= mental condition of separation, pre-
scribed by the Convention of '61 and our
Constitution, and disturbs no vested
rights, and will do equal justice TO all
parties interested. .s.-Es
The idea that a returned rebel squat
ter or any one else, because he had TAX
en- out a junior patent paying two cents
per acre, short time before the rebel
, lion, covering 100, 500, or 1000 acres oi
a survey patented 20 or so years ago by
some revolutionary soldier or patriot
who, with his descendants or assignees
has paid all taxes since; and because
the rebel squatter had cleared a small