Gambar halaman
PDF
ePub

and give such bond as aforesaid, the escheator shall lease the same lands and hereditaments during the term aforesaid, to some other tenant or tenants of sufficient ability, and issue his writ in the nature of an habere facias possessionem, directed to the Sheriff or coroner of the county, as the case may require, commanding him to remove the tenant or tenants off the premises, out of possession, and to deliver possession thereof to such lessee or lessees.

СНАР.

CLXXIII.

1805

Habere facias possessionem to

be issued to remove the tenant, session.

and deliver pos

Persons claiming title, how to be heard.

What shall be

legal evidence for the State.

If no claim within seven years,

or if upon claim the title of the

State be estab

lished, the lands shall be sokl.

SECT. 5. And be it further enacted by the authority aforesaid, That after the return of such inquisition as aforesaid, into the office of the clerk of the Supreme court as aforesaid, if there be any that claim the estate, real or personal, so as aforesaid found to be escheated, he, she or they shall be heard without delay, upon a traverse to the office monstrans de droit, or petition of right, and the testimony taken in writing, on finding of the inquisition concerning the same land, shall be admitted as legal evidence on the part of the State; but if no such claim be made to the lands so found to be escheated as aforesaid, within seven years next after the inquisition concerning the same, be returned into the office of the clerk of the Supreme court, or if upon claim, the title of the State be established to any lands which are found to be escheated as aforesaid, in such case the clerk of the Supreme court shall certify to the escheator, that no claim had been made, or that if such claim had been made, judgment thereupon had been rendered against the same, and the title of the State to the said land established; whereupon the said escheator shall proceed to make sale, by public auction, of the premises to him, her or them, who will offer the best and highest price for the same.... such sale to be after public notice of the time and Public notice place of holding thereof, and together with the thereof to be conditions thereof advertised, at least one month in one or more of the news-papers of this State, (if any there be at the time,) and also by advertisements in the most public places in the county where the lands lie; and immediately after the sale as afore

given.

Name of the

purchaser, &c.

the Governor.

How a deed

shall be made

said shall be made, the escheator shall certify the to be certified to name, sirname and addition of the purchaser of the lands, sold by him as herein before directed, to the governor, who on filing such certificate in the office of the secretary of State, together with an acto the purchaser quittance from the State treasurer for the price bid or offered as aforesaid, shall by deed under the great seal, grant the same lands and hereditaments to the purchaser thereof to hold to him or her, his Subject to cer- or her heirs and assigns forever; subject neverthetain claims and incumbrances. less to any reversion, remainder, lease, rent, common mortgage or incumbrance on the said lands, as the said lands, respectively, were subject to before the finding of the inquisition touching the particular land so sold: Provided always, That the person or persons, who were entitled to such revertheir claim pre- sion, remainder, lease, rent, common mortgage or vious to the sale incumbrance, had previously to the sale of the said lands, exhibited his, her or their claim to the Supreme court, and established his, her or their title to the same, in default of which they shall forever be debarred from recovering the same.

Provided the persons entitled had exhibited

of the lands.

Persons, within

seven years af

State received

all charges.

SECT. 6. And be it further enacted by the authority ter sale of any aforesaid, That if any person shall, within seven years lands, establish- next after the sale of any lands as herein before directing their claim to the same, ed, appear and make claim thereto in manner aforeshall receive said, and establish his, her or their claim to the same from the treaas herein after directed, in such case, and not othersurer what the Wise, such person shall be entitled to receive from the after deducting treasurer of this State, by virtue of a warrant for the same, signed by the Governor, all such money as the State shall have received on the sale of such lands, after all charges thereon be deducted; and if any person, within five years next after the sale of such goods and chattels as aforesaid, shall make his or her claim claim personal in manner herein before directed, and establish his or her right thereto as herein after provided, he or she shall, in like manner as in the case of real estate, by warrant of the Governor, receive all such money as had been received by the State for the same goods and chattels, after all charges thereon deducted.

Provision for those, who

property.

[ocr errors]

minors, &c.

SECT. 7. Provided always, That if at the time of Proviso as to sale as aforesaid, any person having claim to the goods &c. inhabitants and chattels, or to the lands so sold as aforesaid, be of the State at out of this State, covert baron, imprisoned, an infant the time of sale. or insane, such person, if an inhabitant of this State, shall be allowed, in the case of goods and chattels, two years, and in case of real estate, four years, to be computed from and after the return of such claimant into this State, becoming discovert, at large, attaining of full age, or recovering sound mind and memory, as the case may be, to make his or her claim to such estate respectively; and that any person having claim And as to perto such real or personal estate, who at the time of such are not inhabisale shall not be an inhabitant of this State, yet be of tants of the full age and of sane mind and memory, such person continuing to reside elsewhere, shall be allowed to make his or her claim as aforesaid, within seven years, to be computed from and after the sale of the goods and chattels, and seven years, to be computed from and after the sale of the lands by such person so claimed.

sons, &c. who

State at the

time of sale.

and property not
included in the
inquisition as
be recovered.

aforesaid, may

SECT. 8. And be it further enacted by the authori- How debts due ty aforesaid, That if any person, at the time of the--to the intestate, death of any intestate as aforesaid, shall be indebted to such intestate, or if any part of the estate, real or personal, which was of such intestate, and not mentioned and included in such inquisition, be in the hands or possession of any person dwelling within this State, the same shall be recovered to the use of the State by action of debt, trover, or upon the case for money received for the use of the State, or such action or suit as the case may require, in which proceedings respectively, the inquisition touching the estate of such intestate shall be admissible What shall be evidence, to prove that the same intestate died evidence therewithout heirs or known kindred as herein before described.

SECT. 9. And be it enacted by the authority aforesaid, That the person, who shall first inform the go

in.

The person, first giving information to

title of the

entitled to

the Governor of vernor, after six months from the passing of this act, any escheat, and by writing signed by such person in the presence of two subscribing witnesses, of any escheat, which establishing the has or may hereafter happen within this State, and State, shall be who shall procure necessary evidence to substantiate the title of the State to the same, and shall prosecute the right of the State thereto with effect, such person shall be entitled to one fifth part of the price, which such goods and chattels, or one tenth part of the price, which such lands respectively shall have produced, after all costs of prosecution and charges of sale be deducted therefrom.

one fifth of the

price of the

goods and chat

tels, or one tenth of the

price of the lands respectively sold.

Bond and secu.

to refund before

SECT. 10. Provided nevertheless, That before rity to be given such fifth part be paid to the person, who shall first payment of the give information as aforesaid, his or her heirs or resaid one fifth or presentatives (which payment shall be by warrant

one tenth as

aforesaid.

Escheats, which

or which shall hereafter happen, shall be

for the same, signed by the Governor, on the treasurer of the State) bond, with sufficient freehold security to be taken and approved of by the Governor, shall be given to the State, conditioned to refund the same, or any part thereof, as the case may be, if any claimant to the estate, upon which one fifth or one tenth part shall become payable, appear within the time herein before limited, touching such estate, and establish his or her title to the goods and chattels or lands respectively, which shall have been sold as aforesaid.

SECT. 11. And be it enacted by the authority have happened, aforesaid, That in all cases where escheats have heretofore happened or shall hereafter happen, they and each of them shall be enquired of by the escheator, enquired of and decided upon like traverse and claim, and under the like limitations of time for making such traverse and claim, exposed to sale, and sold in like manner as is herein before provided as to escheats for want of heirs, and the money thence arising shall belong and go as is herein before directed.

decided, and

sold in like manner as is provided for escheats for

want of heirs.

Fees to the escheators.

SECT. 12. And be it further enacted by the autherity aforesaid, That the fees and reward of the escheators shall be as follow:

For receiving and filing each information, two dollars and sixty-seven cents.

For issuing writs or precepts to the Sheriff or Coroner, two dollars.

For filing return, fifty cents.

For every subpoena for witnesses, (four to be named in each, if so many there be,) seventy-five

cents.

For calling and attesting the jury of enquiry, and holding, drawing and filing the inquisition, five dollars.

Attesting each witness, twenty-five cents.

For examining witnesses and reducing their testimony to writing, for each line of twelve words, four cents.

For all copies, (besides the certificate,) for each line of twelve words, two cents.

For a certificate, (besides the copy,) one dollar.

For drawing bond to traverse the inquisition, if necessary, one dollar.

For filing the same, fifty cents.

Executing every lease, and filing the counterpart, (the expense of drawing the same to be paid by the lessee,) two dollars.

And that the fees of the clerk, Sheriff and other officers of the court, and witnesses, shall be the same as they are entitled to receive for similar services in the same court.

СНАР.

CLXXIII. w 1805

To the clerk,

Sheriff and other

officers of the court, and wit

nesses.

3 A

« SebelumnyaLanjutkan »