CHAP. 7.-An ACT granting further time to the clerks of the county and corporation courts to execute conveyances for lands sold for the non-payment of taxes.

(Passed March 29, 1837.)

quent lands to ob

1. Be it enacted by the general assembly, That whenever sales Time allowed purof lands and lots may have been made, in pursuance of an act, en- chasers of delintitled, "an act concerning delinquent and forfeited lands, and pro- tain deeds. viding for the sale of lands returned delinquent for non-payment of taxes," passed the tenth of March, eighteen hundred and thirtytwo, and the same 'shall not have been redeemed within the period prescribed by said act, and no deed shall have been made to the purchaser thereof, they shall be allowed the further time of one year from the passage of this act, as to all sales heretofore made, and one year from the period prescribed by law as to all sales which may hereafter be made, to obtain deeds for the same from the clerks

of the county and corporation courts. And it shall be lawful for How clerks com the courts of any county or corporation, upon motion of the pur-pelled to execute chaser, his heirs, devisees or assigns, to order the clerk to execute

a deed to such purchaser for any land so purchased, and any deed

so executed shall be as effectual as if made within the time pre- Notice to former scribed by law: Provided, That no such order shall be made un- owner to be given. less the former owner of the land, his heirs or assigns, if he, she or they be residents of the county in which the land may lie, shall have ten days notice of such motion; and if he or they shall not reside in the county, unless a notice thereof shall be posted at the front door of the courthouse on two successive court days previously to such motion: And provided also, That if the former owner, How lands may be or any person claiming under him, shall be in actual possession of such land, or shall tender to the purchaser, his executors, or administrators, or assigns, or to the court, for him or them, the amount paid for the taxes on the same, with subsequent taxes, and ten per centum per annum thereon, then no such order shall be made.

2. This act shall be in force from the passing thereof.

CHAP. 8.-An ACT to amend and explain the laws concerning Western land

titles, and for other purposes.

(Passed March 30, 1837.)

redeemned.

Commencement.

1. Be it enacted by the general assembly, That all persons whose How and when lands have been forfeited to the literary fund, either for the non- forfeited delinquent lands may payment of the taxes charged thereon, or for failure to enter them be redeemed. on the books of the commissioner of the revenue, may redeem their said lands at any time before the fifteenth day of January next, by paying into the treasury of the commonwealth the amount of taxes charged thereon, with damages at the rate of ten per centum per

annum from the time they became due; or in the case of forfeiture How omicted lands for failure to enter any lands with the commissioner of the revenue, may be redeemed. the owner may redeem them by causing such lands to be entered with the commissioner of the revenue or the sheriff of the county in which such lands are situate, and having the same charged, with all arrearages of taxes chargeable thereon, and by paying sach arrearages and damages thereon at the rate of ten per centum per annum, into the treasury of the commonwealth before the fifteenth day of January next: Provided, That such redemption shall in Titles of occu nowise affect the claim or title of any bona fide occupant claiming pants under prior under a prior grant, whose rights are protected and secured under

grants protected.

When lands not

sold.

the provisions of the several acts which have heretofore passed upon the same subject, and are now in full force.

2. Be it further enacted, That all lands now forfeited to and redeemed may be vested in the president and directors of the literary fund, by virtue of the several acts of the general assembly, concerning delinquent and escheated lands, which shall not be redeemed in the manner prescribed in the first section of this act, shall be sold on the first day of August county courts, in eighteen hundred and thirty-eight, for the benefit of the literary fund in the manner hereinafter directed.

delinquent lands

Their duty.

Commissioners of 3. Be it further enacted, That it shall be the duty of the circuit to be appointed. superior court for each county situate west of the Blue Ridge mountains, at the next fall term thereof, to appoint a commissioner or commissioners, to be styled the commissioner of delinquent and forfeited lands, whose duty it shall be to ascertain and report to the next term of said courts, the quantity of delinquent and forfeited lands in his county, designating particularly the number of tracts, and the quantity contained in each tract, and also the local situation and probable value of each tract, together with all the information which he may be enabled to procure in relation to the state of the title to said lands.

When courts to or

and how such

4. Be it further enacted, That upon the return of said commisder sales of lands, sioner, it shall be the duty of the said circuit superior courts of sales to be made. law, by orders entered of record, to direct the said commissioner to make sale of said lands in the same manner, in all respects, as in the case of other lands directed to be sold under decrees of said Notice to be given. courts: Provided, That no such sale shall be made elsewhere than at the courthouse of the county in which the land directed to be sold is situated, nor unless public notice of the time and place of sale, shall have been published in some newspaper nearest the place of sale, and posted at the door of the said courthouse, and, at least four of the most public places in said county, for thirty days next preceding said sale. The said courts are also hereby empowered veyed and divided. and authorized, in all cases, to direct such surveys and divisions of said lands as may be deemed necessary and expedient to promote Expenses thereof, the advantageous sales of said lands, the expenses of which surhow defrayed.

Lands to be sur

make the sales.

Terms of sale.

veys shall be reported to the courts aforesaid, and be paid out of the proceeds of the sales of said lands. But in no case shall the commonwealth be subjected to any expense by reason of said surveys beyond the proceeds of the sale of said lands, and no survey of any such lands shall be executed unless the surveyor will consent to receive his compensation for his services in making said surveys entirely out of the proceeds of said lands.

Commissioner to 5. All sales made by virtue of this act, shall be made by the commissioner appointed as aforesaid, under the orders of the circuit superior courts of this commonwealth, in the manner and on the terms herein mentioned. He shall require one fourth of the purchase money in hand, and require bond with good security for the payment of the residue thereof, in twelve months from the date of sate, and he shall, moreover, reserve the title to said lands by way Report of sales to of further security for the payment of the deferred instalment. The said commissioner shall return a report of the sales made by him to the auditor of public accounts, and also to the court from which he received his appointment, designating particularly the local situation of each tract, the name of the purchaser, and the price

be returned to

auditor.

at which it was sold, and also the costs of sale; and the bonds Bonds to be retaken for the deferred instalments of the purchase money shall be turned to court. returned by the commissioner to the court by which he may have

been appointed, and shall have the force of judgments, and in case How recovered. of the failure of the obligors to pay the amount thereof when they shall become due, it shall be the duty of the attorney for the commonwealth to move (having first given the obligors ten days notice

sions how taxed.

of said motion,) for an award of execution on said bonds, for which Fees of attorney; service, he shall be allowed the same fees as on other motions of costs and commisa like kind, which shall, together with the other necessary costs and commissions attending the collection of said bonds, be taxed and included in said executions. The said commissioner shall also Money collected

to treasury.

compensation.

pay into his court all moneys collected or received by him by virtue how to be paid inof any such sales, and the said court shall then make an order al- Commissioner's lowing him such commissions and other reasonable expenses attending the survey and sale of said lands, as in its judgment may seem proper, and direct the residue thereof to be paid into the treasury of the commonwealth for the benefit of the literary fund.

wealth.

6. Be it further enacted, That it shall be and is hereby made Duty of attorneys the duty of the attorney for the commonwealth, in each county to for commonwhich the provisions of this act may be applicable, to appear and represent the interests of the commonwealth in all matters pertaining to the sales and other proceedings directed by this act.

7. Be it further enacted, That no commissioner under this act Oath and bond of shall enter upon the discharge of the duties of his office until he commissioners. shall have taken an oath in open court to execute the duties faithfully and impartially, and also shall have given bond in a reasonable sum, payable to the governor of the commonwealth, in open court, with at least two good securities, conditioned that he will faithfully and honestly account for and pay over all money, bonds, and other securities, according to the order of said courts, and do and perform all the other duties of his said office according to the provisions of this act.

to be made to pur

8. Be it further enacted, That whenever any purchaser of any Deeds for lands lands at any sale made under the provisions of this act, shall have sold how and when paid the whole amount of purchase money by him stipulated to be chasers. paid therefor, it shall be the duty of the court by whose order the said sale was made, to direct the said commissioner to convey to the said purchaser, by deed without warranty, all the interest of the commonwealth in said lands.

sioners.

9. Be it further enacted, That in all cases where the proceeds Further compenof the sales of the delinquent and forfeited lands shall be insufficient sation to commisto furnish a reasonable compensation to the commissioner, it shall be lawful for the court which appointed him to make an allowance of a reasonable sum, to be paid out of the treasury of the commonwealth by way of compensation for his services: Provided, That the amount so allowed shall in no case exceed two dollars for each day he shall be actually engaged in the performance of the said duty.

writs of formedon in descender, &c.

10. Be it further enacted, That all writs of formedon in descen- Limitation of der, remainder or reverter, of any lands in that part of this commonwealth which lies west of the Alleghany mountains, hereafter to be brought upon any title or cause heretofore accrued, or which may hereafter fall or accrue in that part of this commonwealth, of any lands situated there, shall be sued within seven years next after

of infants, &c.

Of right of entry. such title or cause of action accrued, and not afterwards; and that no person or persons who now hath or have, or hereafter may have any right or title of entry into any lands, shall make an entry but within seven years next after such right or title accrued; and such person or person shall be barred from any entry afterwards: ProSaving in favour vided nevertheless, That if any person or persons entitled to such writ or writs, to such right or title of entry, as aforesaid, shall be or were under the age of twenty-one years, feme covert, non compos mentis or imprisoned, at the time such right or title accrued or came to them, every such person, and his or her heirs shall and may, notwithstanding the said seven years are or shall be expired, bring and maintain his or her action, or make his or her entry within three years next after such disabilities removed or the death of the person so disabled, and not afterwards.

Limitations of writs of right and actions possesso. ry.

11. In all writs of right, and other actions possessory, hereafter to be brought to recover the seisin or possession of any lands lying west of the Alleghany mountain, any person may maintain a writ of right or other possessory action upon the possession or seisin of his or her ancestor or predecessor, within eighteen years next before the teste of the writ; but no person shall maintain a real action upon his own possession or seisin but within fourteen years next Saving in favour before the teste of the writ: Provided, That if any person who is of infants, &c. or shall be entitled to any real action upon his or her own seisin or possession, were or shall be under the age of twenty-one years, feme covert, imprisoned or non compos mentis, at the time such action accrued, or shall accrue, every such person shall and may, notwithstanding the said fourteen years are or shall be expired, bring and maintain such real action within three years after such Proviso, limiting disabilities removed, and not afterwards: Provided nevertheless, the application of That the provisions of this act shall not extend to, or be applied to any case or cases in which such writ or writs, or such right or title of entry as aforesaid, shall have heretofore accrued, and in which such writ or writs shall be sued, or such entry shall be made, upon cause of action, or right or title of entry heretofore accrued, within two years next after the commencement of this act; and that as to all such writ or writs which shall be sued, or entries which shall be made, within one year from the commencement of this act, upon cause of action, or right or title of entry, heretofore accrued, the limitation thereof shall remain the same as if this act had never been passed.

the act.

Creditors authori.

feited lands.

12. And be it further enacted, That where any lands shall have zed to redeem for- been forfeited for the non-payment of taxes, which, but for such forfeiture, could be made chargeable with the debts of the owner whose rights have been so forfeited, the creditor or creditors shall have the same right which is hereby allowed the owner, to redeem the lands or any part thereof so forfeited, and the creditor or creditors so redeeming shall be entitled to charge the land so redeemed with the debt or debts due by the delinquent owner.

Opinion expressed

13. And the general assembly doth declare its opinion that no against further ex- further time ought to be granted for the redemption of lands forredemption. feited to the commonwealth.

tension of time for

Commencement. 14. This act shall commence and be in force from and after the

passage thereof.

CHAP. 9.-An ACT concerning the salary of the second auditor.

(Passed March 30, 1837.)

auditor increased.

1. Be it enacted by the general assembly, That in lieu of the Salary of second salary heretofore allowed the second auditor, he shall hereafter receive the sum of two thousand dollars per annum, to be paid quarterly as heretofore prescribed by law.

2. This act shall be in force from and after the passing thereof. Commencement.

CHAP. 10.-An ACT to fix the salaries of the first clerks in the offices of the auditor of public accounts, and of the register of the land office; and the salary of the door-keeper to the council and keeper of the keys of the capitol.

(Passed March 30, 1837.)

and register's of

1. Be it enacted by the general assembly, That the first clerk in Salaries of first the office of the auditor of public accounts, and the first clerk in clerks in auditor's the office of the register of the land office, shall each hereafter re- fices increased. ceive, annually, in addition to the salaries now allowed by law, the sum of two hundred dollars, to be audited and paid in the manner now prescribed for their present salaries.

2. Be it further enacted, That the keeper of the keys of the Salary of keeper capitol and door-keeper to the council shall, annually, receive the of the keys of the sum of two hundred and fifty dollars, in addition to the sum now paid for his services.

3. This act shall be in force from its passage.

CHAP. 11.-An ACT to provide for the payment of the annuity of the university, in the hands of the president and directors of the literary fund, of a loan made by Mrs. Martha Randolph to the university under authority of an act altering the stated meetings of the visitors of the university, and for other purposes.

(Passed March 25, 1837.)

capitol increased.

Commencement.

1. Be it enacted by the general assembly, That the sum of one Payment of intethousand one hundred and eighty-six dollars and twenty cents shall rest on loan to university provided be, and the same is hereby directed to be annually set apart and for. reserved by the president and directors of the literary fund, out of the annual appropriation of fifteen thousand dollars to the University of Virginia, from the said fund, to be applied, upon the warrants of the second auditor, to the payment, as it becomes due, of the annual interest on the stock issued by the rector and visitors of the said university, under authority of "an act altering the stated meetings of the visitors of the university, and for other purposes," passed March the seventh, eighteen hundred and twenty-seven, for the sum of nineteen thousand seven hundred and seventy dollars, in the name of Mrs. Martha Randolph; and the said annuity is hereby pledged for the final redemption of the said stock.

2. This act shall be in force from the passing thereof.

CHAP. 12-An ACT to authorize the payment of outstanding claims against school commissioners, and for other purposes.

(Passed March 30, 1837.)

Commencement.

school commis

1. Be it enacted by the general assembly, That the school com- Outstanding missioners of the several counties and corporations in the common- claims against wealth be, and they are hereby authorized to pay, out of the quota sioners to be paid. of their county for the year eighteen hundred and thirty-seven, all outstanding claims now existing against them, or any of them, or