mortgaged for redee

on, are to be fold.

charged in the fouthern district, are amply fufficient to redeem the whole of the faid bills now in circulation; Be it therefore enacted by the authority How, for what, and aforesaid, That fo much of the confiicated eftates in the how much of the lands 1outhern diftrict of this ftate, as are charged with the reming the new emilli- demption of the bills of credit emitted in this ftate, pursuant to an act, entitled, An act approving of the act of congrefs of the 18th of March, 1780, relative to the finances of the United States, and making provifion for redeeming the proportion of this ftate of the bills of credit to be emitted in pursuance of the faid act of congrefs; and of the bills of credit emitted pursuant to an act, entitled, An act for emitting monies upon the credit of this ftate, paffed 27th of March, 1781, as will amount to the value of the faid bills of credit now in circulation, with the intereft due or to become due thereon, fhall be fold by the commiffioners of forfeitures for the fouthern diftrict, and in the manner directed by the fecond section of this act; and that gold or filver, and the faid bills of credit only shall be received in payment for the lands, tenements or hereditaments fo to be fold; and that the faid commiffioners fhall, by advertisement, to be published for eight weeks fucceffively, in two or more of the news-papers to be printed in this ftate, defcribe the lands, tenements or hereditaments fo by them to be fold, and mention the day or days on which fuch lands, tenements or hereditaments will be expofed to fale; and the treafurer of this ftate is hereby required to furnifh the faid commiffioners with an account of the amount of all the faid bills of credit in circulation, with the intereft due thereon, to enable the faid commiffioners to estimate the amount which will probably be neceflary to redeem the faid bills: That if the whole of the faid bills fhall not be received in payment for the lands, tenements and hereditaments fo to be fold for their redemption, the gold and filver arifing from fuch fales, fhall be, and hereby is appropriated to the redemption of fuch of the faid bills as may not have been paid in on fuch fales. And to the end that all the faid bills of credit may be taken out of circulation, and the ftate relieved from the intereft accruing thereon, it shall be the duty of the treasurer, as foon as he fhall be vefted with fuch a fum of money in gold or filver, arifing from fuch fales as aforefaid, as he fhall deem fufficient to redeem the faid bills, to give notice thereof in two or more of the public news-papers printed in this ftate, requiring all holders of fuch bills to bring the fame to the treasury for redemption, on or before a day to be mentioned in fuch notice, not less than fifty days from the date of fuch notice; and if any fuch bills fhall remain in circulation after the faid The intereft on bills day, the intereft thereon fhall ceafe from and after fuch remaining after the day, unless fuch bills fhould thereafter be paid for the purexcept when paid for chafe of unappropriated lands, or confifcated and forfeited Caffeated or unap- lands, tenements or hereditaments, in which the interest propriated lands. fhall be allowed to the day of payment; any thing in this claufe to the contrary notwithstanding.

day notified, to cease,

X. And be it further enacled by the authority aforefaid, That all the other lands, tenements and hereditaments charged with the redemption of the faid bills of credit, other than thofe which are to be fold for the redemption aforefaid, fhall be, and hereby are declared fubject to fale, in like manner as other lands, tenements and hereditaments not to charged, are fubject to by this aft; any thing in the faid two laft recited acts to the contrary notwithflanding.

XI. And whereas the lands, tenements and hereditaments which have lecome forfeited to the people of this ftate, in the fouthern diflrict, were not fubject to fale for certificates granted in furfuance of the act, entitled,

↑ 4th feff. ch. 7. † An act to liquidate and fettle the accounts of the troops of this ftate in the fervice of the United States, paffed the 4th

fec. 4.

Commisioners to fell

ticates given for de

preciation of pay.

Holders of military

xty days after the

day of October, 1780, fo long as the fame fhould remain within the power of the enemy; And whereas by a subse5th feff. ch. 45. quent act of this ftate, the commiffioners of forfeitures for the fouthern district were inhibited from felling the faid lands, tenements and hereditaments until the further order of the legiflature; Be it therefore enacted by the authority aforefaid, That it fhall and may be lawful to and for the committioners of forfeitures in the fouthern diítrict, and for the commiffoner or commissioners of forfeitures refpectively, in the other great diftricts of this ftate, to fell lands, tenements or hereditaments, for certificates granted in pursuance of the faid act, pafled the 4th day of October, 1780, or in purfuance of any other acts authorifing the granting of certificates for depreciation of pay, and in the manner prescribed by the said act, except as to the time of payment, other than lands, tenements and hereditaments which are or were charged with the redemption of the bills of credit, commonly called the New Emillion, any law to the contrary notwithstanding. Provided always, That applications for the purchafe of fuch lands, teertificates not apply-nements and hereditaments, by holders of fuch certificates ng for purchate in as aforefaid, fhall be made within the fpace of fixty days be precluded; Ting of this act, to next after the palling of this act; and if fuch application fhall not be made before the expiration of the faid term, the holders of fuch certificates fhall be precluded from any futute purchases, agreeable to the faid act paffed the 4th of But fhall receive their October, 1780; but fhall, nevertheless, at any time thereafter, be entitled to receive the full value of the fame in fpecie, with the intereft which may be due thereon, according to the tenor of fuch certificate: And it fhall and may be lawful to and for the faid commiffioner or commiffioners, to fell, in the manner prefcribed in and by the faid act of the 4th of October, 1780, except as to the time of payment, and for the certificates granted in purfuance of that act, or other acts authorising the granting of certificates for depreciation of pay, any lands, tenements or hereditaments which may be vefled in the people of this ftate, by the attainder Uliride! lands, or conviction of any perfon or perfons, and which may be how to be fold. in common and undivided, other than the lands, tenements and hereditaments charged with the redemption of the bills of credit, commonly called the New Emiffion, as above mentioned, in cafe fuch commiffioner or commiffioners fhall deem it expedient for the intereft of the flate, to fell fuch undivided lands, tenements and hereditaments; and in cafe the faid commiflioner or commiffioners fhall deem it neceflary to cause a divilion or partition of fuch undivided lands, tenements or hereditaments to be made, in order to difpofe of the fame, it fhall be lawful for the faid commiffioner or commiffioners, after a divifion or partition of fuch lands, tenements or hereditaments fhall be made as herein is after directed, to fell the eftate which may be found to belong to the people of this flate, in the fame, in the manner, and for the certificates laft aforefaid. Provided, That application for the purchale of such lands, tenements or hereditaments, by the holders of fuch certificates, is made within fixty days next after fuch division fhall have taken place.

value in fpecie.

XII. And provided further, and be it enacted by the authority aforefaid, That any lands, tenements or hereditaments that hall be located as afore

faid, within either of the faid terms of fixty days, fhall be appraised at fuch price as the appraifers fhall deem to be the value thereof at the time of fuch appraifement; and upon fuch appraisement being completed, the perfon or perfons who located or applied for the fame, fhall, within two days, deliver to the commiffioner or commiffioners of the diftrict, fuch certificates as above mentioned, in addition to the depofit made at the time of location, as will amount to the fum of fuch appraisement; and if the commiflioner or commiiLoners of the district can, within ten days after the receipt of fuch certificates, fell or difpofe of the fame located and appraised lands, tenements or hereditaments, for any larger fum in fpecie, than the amount of the appraifement, he or they may fell or difpofe of the fame, and fhall, in fuch cafe, within the fame time, pay to the owner of the certificates who had fo located thereon, the amount of the appralement.

A Pre-emption of purchafe given to

citares.

XIII. And be it further enacted by the authority aforesaid, That where any lands, tenements or hereditaments are become forfeited to the people of this ftate, by the attainder or conviction of any perfon or perfons, and are held by leafes in fee, leafes for lives, leafes for years, or by parol leafes granted, or made by any perfon or perfons in whom fuch eftates were velled at the time of their being forfeited as aforefaid, or made by any perfon or perfons, under whom perfons attainted or con tenants of forfeited victed derived estate in fee, or for life in the fame, the faid commiffioner or commillioners fhall give the pre-emption of purchase of fuch lands, tenements and hereditaments, to fuch tenant or tenants, on fuch terms and conditions as the faid commiffioner or commif fioners fhall deem, in equity and good confcience, to be the value thereof: And if fuch tenant or tenants fhall refule or neglect to purchase the fame, the commiflioner or commissioners fhall proceed to fell the reverfion thereof, in the manner directed in and by the fecond fection in this act. Provided always, That no perfon fhall derive any advantage or preRefracting pre-emp- emption as aforefaid, unless he fhall produce to the faid com tion to certain cha- miflioner or commiflioners, fuch certificate as is directed by † 3dfeff. ch. 25. the nineteenth fection of the act, entitled, ‡ An act for the forfeiture and fale of the eftates of perfons who have adhered to the enemies of this ftate, and for declaring the fovereignty of the people of this ftate, in refpect to all property within the fame, pafied the 22d of October, 1779.

Provifo.

racters.

XIV. And be it further enacted by the authority aforesaid, That the commiffioner or commiffioners of forfeitures, to be appointed by virtue of this act, fhall not be authorised to fell lands, tenements, hereditaments or real eftate, in larger parcels than the quantity of five hundred acres in each parcel, unless in fuch particular cafes wherein the commiffioner or commfiloners fhall deem it beneficial to the ftate to fell a larger tract; and that the fales at public vendue fhall be made in the county where the lands, tenements, hereditaments or real eftates to be fold refpectively do lie.

XV. And whereas feveral lands, tenements, hereditaments and real estates, were, at the time of paffing of the act, entitled, An act for the forfeiture and fale of the eftates of perfons who have adhered to the enemies of this state, and for declaring the fovereignty of the people of this ftate, in respect to all property within the fame, paffed the 22d day of October, in the year 1779, and fince the paffing thereof, vefted in the people of this ftate, by the attander and conviction of divers perfons, who claimed an intereft in the fane, as tenants in common, in fee fimple, with divers other perfons; And whereas

how to be made.

it is proper that fome mode be provided for the more ready and speedy par tition of fuch lands, tenements and hereditaments, between the people of this ftate and the faid other perfons; to the end that the divided fhare and interest of the people of this ftate in the fame may, on fuch partition as may hereafter be made, be more readily difpofed of; Be it therefore enacted by the auPartition of lands thority aforefad, That the commiflioner or commiffioners between the people of to be appointed in manner above mentioned, for the fale, in this ftate, and others interested in them, each district of this ftate, of all lands, tenements and hereditaments, lying in fuch diftricts refpectively, fhall, as foon as may be after their appointment and qualification as herein after mentioned, respectively publish, in at least two of the public news-papers of this ftate, an advertisement, notifying to all perfons interested in the lands intended to be divided, and therein to be defcribed, requiring them, and each and every of them, to be and appear on a certain day, and at a certain place in the county wherein the lands to be divided do lie, which day fhall not be fooner than fix weeks after the date of the faid advertisement, requiring fuch perfons to appear, either by themfelves or their attornies, fufficiently authorifed for the purpofe, at fuch time and place aforefaid, to agree with the said commiffioner or commiffioners, or perfons to be appointed by confent of the faid commiffioner or commiffioners, and the faid perfons who fhall fo attend at the faid meeting, by themselves or their attornies, as agents, to make partition and divifion of the faid lands, tenements and hereditaments; and in cafe the faid commiffioner or commiffioners, and the faid other parties who fhall attend in manner aforesaid, fhall agree on the appointment of fuch agents, they the faid commiffioner or commiffioners, and the faid other parties fo attending as aforefaid, fhall reduce the faid agreement and appointment to writing, and feverally and refpectively fubfcribe the fame with their names, in the prefence of two or more credible witneffes, who shall alfo fubfcribe their names as witnefles thereto; which faid agreement and appointment, being duly acknowledged by the faid commiffioner or commiffioners, and the faid other parties, or duly proved by one or more of the faid witneffes, before one of the judges of the inferior court of common pleas of the county in which the lands intended to be divided do lie, fhall be recorded in the county records of fuch county, which fhall fully authorife the faid agents, or any two of them, or the furvivor of them, to proceed to a fair and equal partition and division of such lands, tenements and hereditaments, firft appointing a furveyor or furveyors, if neceffary, to enable them to perform the fervice hereby required of them: That previous to the making of fuch partition and divifion as aforefaid, the faid agents, or any two of them, shall thoroughly explore the premises to be divided, and make, or caufe to be made, an accurate furvey of the fame, and run out and divide the fame into fuch different allotments as will be beft calculated moft equally to divide the fame, according to quantity and quality, among and between the people of this state and the faid other parties, fo as to veft the people of the ftate and the faid other parties feverally and refpectively, with their feveral and refpective divided fhares and parts of and in the fame; and that the faid allotments and divided fhares, which fhall thereupor fall to the faid other parties feverally and refpectively, in feveralty in fee fimple, fhall veft in them feverally and refpectively, and their feveral and refpective heirs and affigns forever; and fhall, on the completion of the faid partition and divifion, make or caufe to be made two accurate maps and field books thereof, and fubfcribe the fame with their feveral names, and caufe one of the faid maps and field books to

to be made and filed

Maps and field books be filed in the office of the clerk of the county wherein the in two offices. lands do lie, and the other map and field book in the office of the fecretary of this ftate, which shall be and remain as full and conclufive evidence, in all courts of law and equity within this ftate, of fuch partition and divifion as aforefaid, as if the fame had been made according to the due and ordinary courfe of common law; any thing in any former law, ufage or custom to the contrary thereof notwithstanding.

appoint the agents for

XVI. And be it further enaded by the authority aforefaid, If any party neglects, That in cafe the faid other parties, or any of them, shall neglect to attend at fuch time and place of meeting as aforeCertain judges are to faid, or attending, fhall not agree with the faid commiflioner making the partition. Or commiffioners in the appointment of fuch agents as aforefaid, that then and in fuch cafe, it fhall and may be lawful for the faid commiffioner or commiffioners, upon due proof thereof to be made before one of the judges of the inferior court of common pleas of the county wherein the lands intended to be divided do lie, not interested in the faid lands, fuch judge fhall, without delay, proceed to appoint fuch agents for the purpose aforefaid, as he fhall think proper, by writing under his hand and feal; which appointment fhall be recorded by the clerk of the county in the county records; and the original thereof fhall be alfo filed in the faid clerk's office; which faid record or original fhall be full and conclufivc evidence of fuch appointment, in all courts of law and equity within this ftate; and the faid agents, fo to be appointed by the faid judge, fhall, and are hereby authorifed to do, execute and perform all and fingular the fervices and duties herein appointed and prescribed to be done by the agents above mentioned, as if they had been nominated and appointed by the confent of parties, in manner aforefaid.

XVII. And be it further enacted by the authority aforefaid, That the faid agents, whether appointed by the confent of the faid commiffioner or commilioners, and the other parties, or by fuch judge as aforefaid, fhall, previous to any divifion to be made by them, lay out and fet apart a fufficient quantity in the undisputed parts of the faid lands, tenements and hereditaments fo to be divided, to defray the expence of fuch partition and divifion as aforefaid; which they fhall fell and difpofe of at public vendue, in the county wherein the fame fhall lie, upon giving fix weeks previous notice thereof, in at least two of the public news-papers of this ftate, after the partition and divifion fhall be completed; and shall make, and in due form of law execute good and fufficient conveyances in the law, to veft the fame to and in the purchafer and purchafers refpectively, and their heirs and afligns forever, as of a good, fure, perfect, abfolute and indefeafable eftate of inheritance in the law in fee fimple; and upon completion of the partition and divifion aforefaid, and filing fuch maps and field books as above directed, give public notice, at leaft fix weeks fucceffively, in two or more of the public news-papers of this state, that at a certain day thereafter, and at a certain place in the county where the lands lie, to be therein mentioned, they intend that the allotments fhall be balloted for in the prefence of fuch of the faid commiffioner or commiffioners, and the faid other parties interested, as fhall attend the fame; and upon completing fuch balloting as aforefaid, fhall note and mark, on the faid maps and field books, the refult of fuch balloting, as well as the lands laid out by them, to be fold for the defraying the expences of the partition and divifion, as alfo to afcertain, by name or names, what allotments refpectively fall to the right of the people of this ftate, and the faid other parties interested in the faid lands, tenements and hereditaments respectively.

T