XVIII. Provided always, and be it further enacted, That in order to make fuch partition and divifion more equitable, in cafe of any difputes concerning the extent of the boundaries of the faid lands, tenements and hereditaments as aforefaid, the faid agents fhall, in every fuch case, make different allotments of difputed and undifputed lands, which fhall be noted and marked in fuch maps and field books as aforefaid.

XIX. And be it further enacted by the authority aforefaid, That the faid agents and their furveyor, chain-bearers and other neceffary attendants, fhall, over and above their neceffary expences, be allowed to have and receive out of the fale of the lands, tenements and hereditaments fet apart for defraying the expences of the partition and divifion, at and after the rates following, to wit: The agents twenty fhillings each per day; the furveyor twenty fhillings per day; each chain-bearer and neceflary attendant, fix fhillings per day, for each day they fhall feverally be actually employed in fuch partition and divifion as aforefaid, and the completion thereof; That upon the completion of the fales of the lands, tenements and hereditaments fo to be set apart for.defraying the expences of fuch partition and divifion as aforefaid, the faid agents fhall make up and render in writing, an account of the expences of fuch partition and divifion as aforefaid, on oath, before one of the judges of the inferior court of the county wherein the faid divided lands, tenements and hereditaments do lie; which account, together with the balance, if any fhall remain in their hands, fhall be depofited in the office of the clerk of the faid county, and the clerk fhall, from time to time, on application, pay and diftribute fuch furplus among the refpective proprietors, and in the respective proportions which fhall be afcertained by a view of the refpective rights and allotments in fuch partition and divifion as aforefaid; the faid clerk retaining in his hands at and after the rate of five per cent. Provided always nevertheless, That it fhall and may be lawful for the faid commiffioner or commiffioners, to fell the estate which is vefted in the people of this ftate, in any fuch undivided lands, tenements or hereditaments, without caufing a divifion thereof to be made as is above directed, in cafe he or they shall deem the fale of fuch undivided eftate expedient.

fioners of fequeftration repealed.

XX. And be it further enacled by the authority aforefaid, Powers of commif. That all and fingular the powers and authorities vefted in, and given to the feveral and refpective commiffioners of See 3d feff. ch. 52. fequeftration, by any former law or laws of this ftate, fhall be, and hereby are abfolutely repealed, annulled and made void, to ali intents, conftructions and purposes whatsoever; any thing in any of the faid laws to the contrary thereof in any wife notwithstanding.

to be accountable.

Sec. 26.

XXI. Provided always, and it is hereby enacted by the auSaid commiffioners thority aforefaid, That the faid commiffioners of fequeftration respectively, and their feveral and refpective executors and See 8th feff. ch. 18. adminiftrators, fhall be accountable for the due execution of their refpective offices, in the manner directed and to be directed by any law or laws of this ftate, prior or fubfequent to the paffing of this act; faving nevertheless to the tenants to whom the faid commiffioners of fequeftration have demifed any forfeited eftates for terms not exceeding one year, the refidue of their faid respective terms.

XXII. Provided further, and be it enacted by the authority aforefaid, That the monies which have arifen from the fales of fequeftered property, made by the commiffioners in the refpective counties within this fiate, by virtue of any former law or laws of this ftate, fhall be, and hereby are declared to belong to the people of this ftate.

All forfeitures and confifcations confirin

ed,

XXIII. And be it further enalled by the authority aforefaid, That all forfeitures and confifcations of the lands, tenements, hereditaments and real eftate which heretofore have been, by virtue of any former law or laws of this ftate, against any person or perfons whomfoever, on conviction for adhering to the late enemies of this flate, or of this and the other United States of America, is, and are hereby, to all intents, conftructions and purposes in the law whatfoever, fully and abfoNotwithstanding er- lutely ratified and confirmed, notwithstanding any error or rors in the proceed- errors in the proceedings thereon, or in any wife relating ings. thereto, and all writs of error and errors on any judgment heretofore rendered relating thereto, are hereby forever barred.

XXIV. And be it further enacted by the authority aforefaid, That all purchafes made at vendue, or otherwife, by the faid commiffioner or commiffioners of forfeitures to be appointed by virtue of this act, of any lands, tenements or hereditaments, forfeited to the people of this ftate, or any or either of them, or by any other perfon to or for the use of them, or any or either of them, fhall be null and void.

XXV. And be it further enacted by the authority aforesaid, That each of the commiffioners of forfeitures to be appointed by virtue of this act, before he enters upon the execution of his office, fhall appear before one of the judges of the inferior court of any of the counties within the diftrict for which fuch commiffioner fhall be appointed, and take and fubfcribe the following oath, which fuch judge is hereby authorised and required to administer, viz.

I

appointed a commiffioner of forfeitures for the diftrict, do folemnly and fincerely fwear and declare, in the prefence of Almighty God, That I will faithfully and honeftly execute the faid office in fuch manner as I fhall conceive moft for the benefit and advantage of the people of this ftate, according to the true intent and meaning of an act, entitled, An act for the speedy fale of the confifcated and forfeited eftates within this ftate, and for other purposes therein mentioned.

XXVI. And be it further enacted by the authority aforefaid, That the faid commiffioner or commiffioners of forfeitures to be appointed by virtue of this act, shall make an abstract of all the fales by them made within their refpective districts, to contain the names of the refpective purchafers, the defcriptions of the refpective eftates by them fold, the fums for which the fame were refpectively fold, the dates of the refpective conveyances, and the names of the feveral perfons to whom the feveral eftates immediately before the forfeiture thereof were deemed to belong; and fhall, at the end of every three months, file copies of fuch abftracts in the office of the clerk of the county wherein the lands, tenements, hereditaments and real estates by them fold, respectively do lie; and the clerks of the refpective counties within this fate, fhall record fuch abflracts in a book or books by him to be provided for that purpofe, and for which recording the feveral clerks fhall be allowed at and after the rate of one fhilling and fix pence per folio, of one hundred and twenty-eight words, to be paid by the treafurer of this flate, out of any public monies which fhall, from time to time, be in his hands unappropriated, on certificates to be granted for the fame by the faid commiflioner or commiffioners.

XXVII. And be it further enacted by the authority aforefaid, That the commiflioner or commiffioners of forfeitures to be to be reported appointed by virtue of this act, fhall, from time to time, make report to the perfon adminiflring the government of

Sales and impedi

to the governɗ.

this flate, of the fales by them refpectively made, and of the impediments and difficulties which may arife in the execution of their faid office, to be com-. municated to the legislature.

XXVIII. And be it further enabled by the authority aforefaid, That it fhall and may be lawful for the commiffioner or commiffioners of forfeitures to be appointed by virtue of this act, in the refpective diftricts for which they fhall be appointed, to collect and receive all rents due from tenants on any of the forfeited eftates, until the time of fale thereof, and to commence and profecate, in their own names, any action or actions in affumpfit, for the recovery of fuch rents, with cofts, againft any perfon or perfons from whom fuch rents are, were or fhall become due or owing, or their respective executors or adminiftrators, upon a quantum valerint, for the ufe and occupation of the lands, tenements and hereditaments poffeffed by the faid perfons refpectively; and upon the trial the jury fhall find a verdict for the plaintiffs, for fuch fum as fhall be proved to them would have been a reasonable rent for fuch lands, tenements and hereditaments, during the time they were poffeffed by the defendant or defendants; fo as the damages to be affefled fhall not exceed the whole value of the rent which the defendant or defendants fhall prove to have been referved and to have become due, while fuch defendant or defendants was or were in poffeffion of fuch lands, tenements or hereditaments, and to be then unpaid.

rent.

XXIX. And be it further enacted by the authority aforebe filed for compel Bills in chancery to faid, That it fhall be lawful for the faid commiffioner or ling a difcovery of commiffioners of forfeitures, in their discretion, to file bills in chancery, in their own name or names, against any perfon or perfons, to compel a difcovery of fuch rent; that whenever it fhall appear to the commiffioner or commiffioners of forfeitures, that any lands, tenements or hereditaments, the arrearages of rents on which fhall be due to the people of this flate, have been fubject to the incurfions and depredations of the enemy in the late war, and the poffeffors thereof have thereby been prevented from enjoying the profits of fuch lands, tenements or hereditaments, and any dispute fhall arife between the faid commiffioner or commif fioners and the pofleflors of fuch lands, tenements or hereditaments, respectAbatement when ing the abatement which ought to be made in confequence and how to be made on Of the premises aforefaid, it fhall and may be lawful for the arrearages of rent. faid commiffioner or commiffioners to refer fuch difpute to be determined by arbitrators. And the faid commiffioner or commiffioners fhall pay all fuch rents by them received into the treafury of this flate.

XXX. And whereas in many inftances perfons have poflefled themfelves of lands, tenements and hereditaments, forfeited to the people of this ftate, to the great injury of the public; Be it further enacted by the authority afurefaid, That where any perfon or perfons fhall have become poffeffed of lands, tenements and hereditaments, forfeited to the people of this flate, by the attainder and conviction of any perfon or perfons whomsoever, it fhall be lawful for the faid commiffioner or commiffioners of forfeitures to be appointed by virtue of this act, for the diftrict where fuch lands, tenements and hereditaments do lie, in his or their own name or names, to proceed againft the perfon or perfons fo in poffeffion as first above mentioned, upon the flatutes of forcible entry and detainer; and if it fhall appear in evidence to the inqueft, that the faid lands, tenements or hereditaments, on the ninth day of July, in the year one thoufand feven hundred and feventy-fix, or at any time fince, were poffeffed by the perfon or perfons, by the attainder or

conviction of whom the faid lands were deemed to become forfeited, or by the tenant of fuch perfon or perfons, who claims by demise from the perfon ar perfons fo attainted or convicted, made after his, her or their attainder or conviction; and if poffefled by a tenant or tenants in virtue of a demife before fuch attainder or conviction, that the term of fuch tenant is expired; and if the defendant or defendants fhall not thereupon prove, to the fatisfaction of the inqueft, that the perfon or perfons fo attainted or convicted did, fince the faid 9th day of July, 1776, and before the time to which the attainder or conviction of the faid perion or perfons fhall relate, convey the faid lands, tenements and hereditaments to the faid defendant or defendants, or to the perfon or perfons under whom he, fhe or they doth or do claim, that the inqueft fhall thereupon find the forcible entry and detainer against fuch defendant or defendants, and the feilin in fee of such commiflioner or commiffioners of forfeitures as aforesaid, as on the day of fuch attainder or conviction as aforefaid; and if fuch inquifition fhall be traveried, and fuch matters as laft aforefaid fhall appear in evidence, on the part of the people of this ftate, the jury fhall find a verdict against the defendant. That where any perion or perfons fhall fo have entered upon lands, tenements or hereditaments as aforesaid, and fhall not deliver poflction of the lands, tenements or hereditaments, fo by him, her or them potiefied, when thereunto required by the faid commiftioner or commiffioners of forfeitures, or any or either of them, and proceedings thereupon be had against fuch perfon or perfons, upon the ftatutes of forcible entry and detainer; and if the faid commiffioner or commiffioners of forfeitures fhall, in confequence of such proceedings, obtain poffetion of fuch lands, tenements and hereditaments, the faid commif fiorer or commillioners of forfeitures fhall recover the cofls and expence of fuch proceedings, before any juflice of the peace within this ftate, the jurif diction of which juffice is hereby extended to fuch fuits, notwithstanding the fum in demand may excced the value of the fum to which the jurifdiction of Purchasers of for- a juftice of the peace may be limited by any law of this fited lands entitled ftate; and that in cate the faid commifiioner or commif to the fame benefit of fioners of forfeitures fhall think proper to fell and difpofe of etry and detainer, as any forfeited lands, tenements or hereditaments, fo pofleflthe commiffionersare. ed as lal mentioned, the purchafer or purchasers thereof fhall, and are hereby entitled to have the fame benefit in all things of the flatutes of forcible entry and detainer, as the faid commithioner or commifNo writ of certiora. fioners of forfeitures are herein above entitled to; and no rito delay reftitution. Writ of ceruorari fhall lie in any of the cafes aforefaid, until after a trial of the traverse, and the writ of certiorari fhall not delay the writ of reftitution.

the ftatutes of forcible

dafers of forfeited

general.

XXXI. And be it further enacted by the authority aforeSuits against par faid, That in all cfs where fuits fhall be commenced cates, how to be de- against purchasers under the commiflioners of forfeitures as fended by attorney- aforefaid, by any perfon or perfons claiming the eftate fo fold, by title oppofed to the title derived under either of the faid commiffioners of forfeitures, all fuch fuits fhall be defended at the expence of this flate, and by the attorney-general of this ftate, in behalf of the people of this flate; that it fall te lawful for the faid attorney-general, by warrant from the perfon admini@ring the government of the flate for the time being, to draw from the treasury of this flate, fuch fum and fums of money, as the perfon adminifiring the government fhall deem necefiary to be expended in and about the defence of fuch fuits; that the attorney-general

fhall, once in every fix months, account with the auditor of this ftate for the expenditure of fuch monies; and that the attorney-general fhall, upon a warrant from the perfon adminiftring the government for the time being, employ fuch council to affift in and about the defence of fuch fuits, as the faid perfon adminiftring the government fhall, from time to time, deem neceflary.

dence,

XXXII. And in order the better to answer the good purposes of this law; Be it further enadied by the authority aforefaid, That, the faid commiffioner or commiffioners of forfeitures fhall have, and are hereby vested with full power and authority, by fummons under his or their hand or hands, and feal or feals, to require any perfon or perfon to appear before him or them, at fuch time and place in the faid refpective districts, which he or they shall appoint for the purpofe, to give evidence as to fuch matters and things as the faid commiffioner or commiflioners fhall judge neceflary for the full and comWho, in cafe of plete execution of their office; and in cafe of neglect or neglect or refufal to refufal of fuch perfon or perfons to attend and give evidence attend and give evi- as aforefaid, and produce fuch papers, deeds and inftruments in writing, as may be required by the faid commiflioner or commiffioners, and due proof thereof by any credible witness, to be made before any juftice of the peace in the county where the forfeited lands, tenements or hereditaments in queftion do lie, fuch perfon or perfons fo neglectShall forfeit tol. with ing or refufing, fhall forfeit ten pounds, with cofts of fuit, to be recovered in a fummary way, before fuch juftice, in the name or names of fuch commiffioner or commiffioners; and when recovered and received by him or them, the fame fhall be paid into the treafuBut no perfon obli-ry of this ftate. Provided always, That no perfon or perged to give evidence fons fhall be obliged to give any verbal or written evidence which may affect his to fuch commiffioner or commiffioners, which may affect his or their own private interest.

cofts.

intereft.

XXXIII. And be it further enacted by the authority aforesaid, That it fhall and may be lawful for the commffioner or commiffioners of forfeitures for each of the faid districts, to demand and receive copies or extracts of any records, maps or other papers, from the keeper of any of the public or county records of this ftate, which he or they fhall, on inspection, refpectively deem neceflary for the due execution of the powers and authorities hereby vested in him or them, to be paid for by the treasurer of this state, out of any public monies which fhall, from time to time, be in his hands unappropriated, on certificates to be granted for the fame by the faid commiflioners refpectively.

XXXIV. And whereas it may fo happen, that certain of the forfeited lands, tenements and hereditaments may not be conveniently fold or difpofed of, until fome time be elapfed, and in fuch cafes it may be neceflary for the commiffioner or commiffioners of forfeitures to be appointed by virtue of this act, to demife the fame for fhort terms, referving reafonable rents to atife therefrom for the benefit of the ftate; Be it therefore erated by the atCommiflioners 211- thority aforefaid, That the faid commiffioner or commiflithorifato den fy oners fhall be, and are hereby fully authorifed and empowforfeited lands for one ered to demife any forfeited lands, tenements or hereditaments, vefled in the people of this flate, as in the difcretion of the faid commiffioner or commiffioners of forfeitures fhall appear reafonaEle, fo as that fuch demife fhall not be for any longer term or terms refpectively, than one year,

year.

The 5th, 35th, 37th, 38th, 39th and 40th fections of this act, are obfolete.]