Chap. 165.—An ACT to amend and re-enact section twenty-six, chap-
ter thirty-eight of the Code of eighteen hundred and seventy-three,
in relation to Delinquent Lands.

Approved March 27, 1876.

1. Be it enacted, That section twenty-six, chapter thirty-
eight, Code of Virginia, eighteen hundred and seventy-three,
be amended and re-enacted, so as to read as follows:

§ 26. When the purchaser of any real estate so sold, his
heirs or assigns, shall have obtained a deed therefor, accord.
ing to the six preceding sections, and within six months from-
the date of such deed, shall have caused the same to be re-
corded in the court of the county or corporation in which
such real estate shail lie, such estate shall stand vested in the
grantee in such deed as it was vested in the party assessed
with the taxes (on account whereof the sale was made) at
the commencement of the year for which the said taxes were
assessed, notwithstanding any irregularity in the proceedings
under which the said grantee claims title, unless euch irregu-
larity appear on the tace of the proceedings. And if it be
alleged that the taxes, for the non-payment of which the sale
was made, were not in arrear, the party making such allega-
tion must establish the truth thereof by proving that the
taxes were paid. If any county treasurer may or shall have
omitted from the list of sales required by section fifteen of
this chapter, any tract of land which had been properly ad-
vertised and sold, and the name of the purchaser thereof,
such treasurer may, upon motion before the court of the
county or corporation in which the real estate is situated, be
compelled to return an amended list at any time within three
years after the first list was returned to court, so as to em-
brace such omitted land, and the purchaser thereof; but be-
fore the purchaser shall have the benefit of the amended re-
turn, he shall give the owner of such real estate notice of the
same, in the manner prescribed by the first section of chap-
ter one hundred and sixty-three, Code of eighteen hundred
and seventy-three, which notice shall be filed in the clerk’s
office with the amended. return; and if the purchaser shall
have done all that was required of him to perfect his title to
such lands, and but for such omission would have perfected
his title, according to the requirements of this chapter. The
omission of such tract of land from the treasurer’s regular
list, shall not be held to impair the title if the list shall have
been properly amended and returned: provided, that the
owner of such land, his heirs or assigns, may, within one year
from the date of service of the notice of the return of said
amended list, in addition to the time allowed under the six-
teenth section of this chapter, redeem the same in the man-
ner provided in said section.

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