Gambar halaman
PDF
ePub

county where the indictment shall be taken, notwithstanding fuch offence or offences may have been committed elsewhere; and it fhall not be neceffary to fet forth specially, whether the feveral perfons charged in fuch indictment, were refpectively deceafed or in full life, or were reputed to hold or claim real or perfonal eftate within this flate. And on every fuch indictment fhall be indorfed, that the fame was taken in purfuance of this act, and the day when the fame was preferred into court.

IV. And be it further enacted by the authority aforefaid, That whenever and as often as any fuch indictment fhall be taken, against any perfon or perfons, the fheriffs of the refpective counties, where fuch indictments fhall be taken, fhall forthwith caufe notices thereof, agreeable to fuch form as is herein after mentioned, to be published in one or more of the public newspapers within this fiate, for at least four weeks.

Forfeiture on conviction.

V. And be it further enacted by the authority aforefaid, That in every cafe of a neglect to appear and traverse agreeable to the fheriff's notice, the feveral perfons charged in fuch indictment, whether in full life or deccafed, fhall refpectively be, and hereby are declared to be, and fhall be adjudged guilty of the offences charged against them refpectively. And the feveral perfons who fhall in pursuance of this act, either by reason of fuch default, in not appearing and traverfing as aforefaid, or upon trial, be convicted of the offence aforefaid, fhall forfeit all and fingular the eftate, both real and perfonal, whether in poffeffion, reverfion or remainder, held or claimed by them refpectively, within this ftate, to the people of this ftate; and judgment fhall accordingly be awarded in the fupreme court of this ftate, against the said perfons refpectively. And fuch forfeitures, as well of the eftates which were at the time of their death, refpectively, of perfons deceased, as of perfons in full life, at the time of conviction, fhall be deemed to have accrued; and the eftates accordingly attached to and vested in the people of this ftate, at and from the day charged in each refpective indictment, moft diftant from the day of the taking thereof. Provided nevertheless, That where a trial fhall be had upon any fuch indictment, the forfeiture fhall in fuch cafe be deemed to have accrued from the day to be found by the verdict of the jury, by which fuch perfons fhall be respectively convicted, moft diftant from the day of the taking of the indictment; any other day to be charged in the indictment notwithstanding. And provided Provifo, in favour further, That the feveral perfons who fhall have been parof perfous pardoned. doned in purfuance of a declaration or ordinance of the convention of this flate, pafled the tenth day of May, in the year of our Lord one thou and feven hundred and feventy-feven, offering free pardon to fuch of the fubjects of the faid flate, as having committed treasonable acts against the fame, fhould return to their allegiance; or in confequence of any proclamation or proclamations, heretofore iffued by the commander in chief of the army of the United States of America, may refpectively plead their pardons to indictments, taken in purfuance of this act, in like manner as they might or could do to indictments for high treafon, taken in the ordiProvifo, in favour nary courfe of law. And provided further, That each and taken the oath of alle. every perfon, who fhall at any time before the fourth day giance before 4th of of April, in the year of our Lord, one thousand feven hun April, 1778. dred and feventy-eight, have taken the oath of allegiance to this flate, before the convention or councils of fafety of this ftate; or before the committee of the faid convention, appointed for enquiring into, detecting and defeating all confpiracies, which may be formed in this late,

of thefe who fhall have

s law, taken in the

against the liberties of America; or the commiffioners appointed for the like purpose, or a county, diftrict or precinct committee; fhall and may plead fuch taking the oath of allegiance in bar to any indictment, to be taken in purfurance of this act, for offences committed before the day on which they Telpectively took fuch oath. VI. And be it further enacted by the authority aforefaid, All indictments on That all indictments to be from time to time taken in purtier courts, to be fuance of this act, at any court of oyer and terminer, or prene court, and general gaol delivery, or general or quarter feflions of the peace, fhall, by the clerks of the faid courts, refpectively be returned, under their respective hands and feals, into the fupreme court of this itate, and fhall be tried at the bar of the faid court; and upon the trial of any fuch indictment, no greater number of witne fles fhall be required than are required by law in cafes of felony, without benefit of clergy.

returned into the fu

there tried.

VII. And be it further enucled by the authority aforefaid, That the feveral fheriffs fhall, from time to time, refpectively return, under their hands and feals, into the fupreme court of this flate, the feveral numbers of the newspapers containing the notices published by them refpectively, there to remain as records of fuch notices, until judgments fhall be had against the feveral perfons named in fuch notices relpectively.

the examinations of the witneties.

VIII. And to the end, That in profecutions for the offence aforesaid, in purfuance of this act, no advantage may be taken of mere matters of form; and that the defendants may notwithflanding be fully apprized of the several matters charged against them; in order to their defence, Be it further enacted by the authority aforefind, That it fhall be fufficient in all indictments to be taken for the offence aforefaid, in pursuance of this act, to change generally, that the feveral perfons therein charged, did, on the feveral days, and at the feveral places therein mentioned, adhere to the enemies of this itate, The grand jurors and the grand jurors fhall, at the time they deliver any fich to deliver into court indictment into court, deliver into court the examinations or depofitions of the winefs or witnefies, upon whole termony fuch indictment was found, to be filed in court, together with the ind.ctment; and the defendants fhall refpectively upon application, be entitled to copies of the indictments against them respectively, and of such examinations or depofitions; and the profecutor on the part of the face, fhall not, upon the trial, be permitted to give evidence of any overt acts, other than fuch as fhall be charged in fuch examinations or depofitions; and the clerks of the feveral courts of oyer and terminer, and general gaol delivery, and general or quarter feffions of the peace, fhall return fuch examinations or depolitions, into the fupreme court, in like manner as is herein before directed, with refpect to ind ctments, taken at the courts of oyer and term ner and general gaol delivery, or general or quarter feffions of the peace.

a. of anhering to

[ocr errors]

IX. A..d be it further enacted by the authority aforesaid, That befides the What fhall be deem- feveral matters by the law of England, declared to be evied evidence of overt dence and overt acts of high treafon, in adhering to the king's de enemies of this enemies, and which are hereby declared to be evidence and overt acts of high treafon, in adhering to the enemies of the people of this flate as fovereign thereof; the following matters fhall be, and are hereby declared to be evidence and overt acts of adhering to the enemies of the people of this ftate, whereon and for which perfons may, in pursuance of this act, be indicted and convicted, for the offence aforefaid; that is to fay, Being at any time fince the ninth day of July, in the year of our lord one

thousand feven hundred and feventy-fix (the day of the declaration of the independence of this ftate within the fame) in any part of the United States, not in the power or poffeffion of the fleets or armies of the king of Great-Britain, and afterwards voluntarily withdrawing to any place within the power or poffeffion of the king of Great-Britain, his fleets or armies; or being apprehended by order of, or authority from the commander in chief of the armies of the faid United States; or of or from the provincial congrefs, or conventions or committees thereof, or councils of fafety of this ftate; or the commiffioners above mentioned, appointed for enquiring into, detecting and defeating all confpiracies which may be formed in this ftate against the liberties of America; or county, diftrict, or precinct committees within this ftate; or by the fupreme executive authority of this ftate, and confined within certain limits upon engagement, by parole or otherwife, not to go beyond fuch limits, and breaking fuch engagements, and voluntarily efcaping to any place in the power of the fleets or armies of Great-Britain; or being fo confined as aforefaid, and afterwards permitted by proper authority, to go to any place in the power of the fleets or armies of Great-Britain, upon engagement to return within a certain given time; and not returning within fuch time, but afterwards remaining at any place within the power or poffeffion of the fleets or armies of Great-Britain.

within the power of

the enemy.

Preamble with ref- X. And whereas divers perfons, inhabitants and well afpect to certain perfons fected fubjects of this flate, at the time of the declaration of the independence thereof, who had their fixed refidence in the fouthern diflrict of this ftate, were obliged, on the invafion of the faid diftrict by the enemy, to fly before their fuperior force, into parts of this, or fome other or others of the faid United States, and fome of them having thereby abandoned all or the greatest part of their property, were fo reduced as to have been refpectively obliged, through abfolute neceffity, and the want of fufficient habitations, and the neceffary means of fupport and fubfiftence, to return to their respective places of abode; and others of them, for the fame caufe, having deferted their habitations, and fled in manner aforefaid, have for particular reafons, been permitted, either by the commander in chief of the armies of the faid United States, or other lawful authority, in the places to which they refpectively fled, to return within the power of the enemy, where they alfo feverally fill do refide; Be it therefore further enacted by the authority af refaid, and it is hereby provided, That nothing in this act Exemptious in their contained, fhall be conftrued to extend to or affect the faid perfons, feverally and refpectively, or any or either of them, except fuch of them as fince his, her or their return to any place or places within the power of the enemy, has or have done any act or thing, which in judgment of law would be conftrued, deemed and adjudged an adherence to the enemies of this ftate, and high treafon against the people thereof, had fuch perfon or perfons refpectively, voluntarily and freely, and without any fuch caufe as aforefaid, returned within the power of the enemy. In which cafe, fuch return within the power of the enemy, and fuch act or thing as aforefaid, fhall in judgment of law, be conftrued, deemed, and is hereby declared to be adjudged an adherence to the enemies of the people of this State. No attainder on this XI. Ad be it further enacled by the authority aforefid, law to exempt from and it is hereby provided, That no conviction or attainder, nary courfe. in purfuance of this act, fhall be conftrued to exempt any perfon or perfons from being apprehended, tried, convicted, attainted and executed for high treason, according to the ordinary courfe of law.

behalf.

punishment in ordi

Conveyances fince

XII. And be it further enacted by the authority aforefaid, 9th July, 1775, pre- That all conveyances and affignments of any real or perfumed fraudulent. fonal eftate, made or executed fince the ninth day of July, in the year of our Lord one thousand seven hundred and feventy-fix, by any or either of the perfons, who are immediately convicted and attainted by this act; or any or either of the perfons who fhall be convicted or attainted in pursuance of this act; or any or either of the perfons, who fhall be convicted or attainted of high treafon, in the ordinary courfe of law, for offences committed during the prefent war, fhall be prefumed to be fraudulent, and to have been made with intent to prevent a forfeiture of the eftates, by fuch conveyances or affignments refpectively intended to be conveyed or affigned; and upon every trial, wherein any fuch conveyance or affignment shall And proof of their come in queftion, the burthen of the proof fhall lay upon being otherwife to lay the perfon or perfons claiming under fuch conveyance or apon the claimant. affignment; that the fame was made and executed bona fide, for a valuable confideration, and not with intent to prevent a forfeiture as aforefaid.

XIII. And be it further enacted by the authority aforefaid, That all titles, eftates and interefts, by executory devife or contingent remainder, claimed by any perfon hereby, or by virtue of this law to be convicted; fhall, on conviction, be as fully forfeited to all intents, conftructions and purposes, in the law whatfoever, to the people of this ftate, as any other titles, claims, eftates or intereits whatsoever.

AIV. And be it further enacted by the authority oforefid, That the abfolute property of all meffuages, lands, tenements and hereditaments, and of all rents, royalties, franchifes, prerogative, privileges, efcheats, forfeitures, debts, dues, duties and fervices, by whatfoever names refpectively, the fame are called and known in the law; and all right and title to the fame, which next and immediately before the ninth day of July, in the year of our Lord one thoufand feven hundred and feventy-fix, did veft in, or belong, or was, or were due to the crown of Great-Britain, be, and the fame, and each and every of them, hereby are declared to be, and ever fince the faid ninth day of July, in year of our Lord one thousand feven hundred and feventy-fix, to have been, and forever hereafter fhall be vefted in the people of this flate, in whom the fovereignty and fignory thereof are and were united and vested, on and from the faid ninth day of July, in the year of our Lord one thousand seven hundred and feventy-fix.

the

of fafited estates,

Commiflioners to be XV. And be it further enacted by the authority aforefaid, appointed for the fale That the perfon adminiflring the government of this ftate and law they are to for the time being, fhall be, and he is hereby authorifed and proceed. required, by and with the advice and confent of the council of appointment, to appoint, during the pleafure of the faid council and commiflion, under the great feal of this ftate, three commiffioners of forfeitures, for each of the great diftricts of this ftate. That the faid commiflioners, or a majority of them, fhall be, and hereby are authorised and required, from time Amended and alter- to time, to fell and difpofe of all real eftates within their refed, 4th feff. ch. 13 pective diflricts, forfeited or to be forfeited to the people of this flate, at public vendue, to the highest bidder or bidders; 7th felf, ch. 64. and in fuch parcels as they fhall from time to time think proper, firft giving eight weeks notice of each fale, in one or more of the public news-papers in this flate, containing a description as to the quantity, by eftimation, of the lands or tenements to be fold, the fituation thereof, and the

and 51.

Steff. ch. 45.

64, fec. 54.

name or names of the perfon or perfons, by the conviction and attainder of whom the faid lands or tenements are deemed to have become forfeited; and to make, feal and deliver to the purchafer or purchafers refpectively, good and fufficient deeds and conveyances, in the law, to veft the fame in them refpectively, and their refpective heirs and affigns, upon fuch purchafer or purchafers refpectively producing fuch receipt from the treasurer, as is herein after mentioned. That every fuch purchafer and purchafers, shall by virtue Powers given com- of fuch deeds and conveyances, respectively, be fo vefted in miffioners by this act title, feifin and poffeflion of the lands and tenements fo purrepealed 7th feff. ch. chafed, as to have and maintain in his, her or their name or names, any action for recovery thereof, or damages relating thereto; any actual feitin or poffeffion thereof, in any other perfon or perfons, notwithftanding. That every fuch deed and conveyance, fhall be deemed to operate as a warranty from the people of this ftate, to the purchafer or purchafers refpectively, and their refpective heirs and affigns, for the lands or tenements thereby respectively, granted and conveyed, against all claims, titles and incumbrances whatsoever; and fuch purchafer or purchafers refpectively, and their respective heirs and afligns, fhall in cafe of eviction, have fuch remedy and relief upon fuch warranty, in fuch manner as fhall be more particularly provided for in fuch future act or acts of the legislature, as are herein after mentioned. Provided, That the faid commiffioners fhall not be authorifed to fell any lands, in larger parcels than the quantity of five hundred acres in each parcel; that no more than one farm shall be included in one and the fame fale; and that the fales fhall be made in the county where the lands or tenements to be fold, refpectively lie. And provided further, That nothing No fales to be made in this law contained, fhall be conftrued, deemed, efteemed before 1st October, or adjudged, to authorise the commiffioners to be appointed Altered 3d feffion by virtue hereof, to make fale of any of the lands, meffuages, tenements or hereditaments hereby forfeited, or by virtue hereof to become forfeited, before or until the first day of October next; and that all fuch fales fhall be, and the fame hereby are wholly prohibited until that day.

1780.

eh. 51.

XVI. And whereas it is impoffible at prefent to form an estimate of what will be a proper compenfation to the faid commiffioners, for their fervices and expences in executing the business hereby committed to them: Be it therefore further enacted by the authority aforefaid, That the public faith of this flate shall be,, and hereby is pledged to the faid commiffioners, for fuch allowance and compenfation to them for their fervices and expences (befides the expences of furveyors, clerks, and other incidental charges) as fhall hereafter by the legislature, be deemed juft and reasonable.

XVII. And be it further enacted by the authority aforefaid, That the treafurer of this state shall be, and he is hereby authorifed, out of the monies which now are, or hereafter may be in the treafury, to advance to the faid commiffioners for each district, a fum not exceeding two thousand pounds, to defray the expence of the bufinefs hereby committed to them.

XVIII. And whereas in many instances, lands, the reversion or remainder whereof is, or may become forfeited to this ftate, are poffefled by tenants who have, at confiderable expence, made or purchased the improvements on the fame, and which tenants have conftantly, uniformly and zealoufly, fince the commencement of the prefent war, endeavored to defend and maintain the freedom and independence of the United States; Be it therefore further enabled by the authority afurejaid, That where lands, the reverfion or remainder

« SebelumnyaLanjutkan »