A. D. 1782. families. without bail or mainprize, until a convenient opportunity, shall offer of transporting the said person or persons from this State, to some part of his Britannic majesty's dominions, which the Governor or Commander-inchief for the time being, is hereby required to do; and if any of the said persons shall return into this State, after such transportation, then, and in such case, he or they shall be adjudged, and they are hereby declared to be, guilty of felony, and shall, upon conviction of the offence of having returned as aforesaid, suffer death, without benefit of clergy. X. And be it further enacted by the authority aforesaid, That the said Provision to be commissioners, or a majority of them, shall and may, on the credit of the made for their estates hereby directed to be sold, make such provision for the teinporary support of such of the families of the persons mentioned on the lists number two, three, four, five and six, as shall appear to the said commissioners, or a majority of them, necessary, until the said commissioners shall render a full account of the sales hereby directed to be made, which they shall do at the next meeting of the General Assembly; and the legislature can thereupon judge what final provision shall be made for the said families. aside for the use of the army. XI. And be it further enacted by the authority aforesaid, That the said Slaves to be set commissioners, before they proceed to sell any slaves or other personal property belonging to any persons mentioned in the said lists, shall set apart a sufficient number of slaves to raise the quota of continental troops required of this State, and to pay such State troops as have bounties due to them, and four hundred and forty of the male slaves belonging to such persons, which shall be fit and proper for the use of the continental army, as pioneers, waggon drivers, artificers and officers' servants, in such proportion of each of those classes as the Governor, with the advice of the Privy Council, shall require; which slaves shall be employed in those several occupations, so long as they shall be wanted for the public service; and also such horses, cattle, waggons and provisions, as shall be wanted for the use of the army. Property held ed still theirs. Also all property acquired since. Oath of the XII. And be it further enacted by the authority aforesaid, That all real and personal property, of which the persous named in the said lists were possessed, either by themselves or agents, on the fourth of July, 1776, or at any time between that day and the twelfth of May, 1780, shall be deemed and held to be still theirs; unless the same was really and bona fide sold and conveyed, for valuable consideration of money paid, or secured to be paid, and actual possession given to the purchasers, before the said twelfth of May, without any secret trust or condition, and not with a view of eluding a forfeiture; and that all real and personal property which the said persons have acquired since the said twelfth of May, 1780, shall be deemed and held to be still theirs. That all grants, devises, sales, and conveyances, made by any of the said persons, between the said fourth of July and twelfth of May, except as aforesaid, or after the said twelfth of May, for any consideration whatsoever, shall be, and they are hereby declared to be, fraudulent and ipso facto null and void, to all intents and purposes; and the estate or property thereby granted, devised, sold or conveyed, shall be considered as hereby vested in the said commissioners, for the uses aforesaid. XIII. And be it further enacted by the authority aforesaid, That before commissioners. any of the said commissioners shall act as such, he shall take the following oath, to wit, “I, A. B. do swear, that as a commissioner under the Act for seizing and confiscating the property of persons mentioned in an Act entitled "An Act for disposing of certain estates, and banishing the persons therein mentioned," will, to the best of my skill and judgment, execute the trust reposed in me, and the duties of my office, diligently, impartially A.D. 1782. and faithfully: So help me God." sold in small XIV. And be it further enacted by the authority aforesaid, That for the more expeditious and extensive improvement of the soil, the general con- Lands to be veniency and accommodation of the most fixed and useful purchasers, to divided, and increase as much as may be the number of white inhabitants, and to pre- tracts. vent the increase of the number of large and dangerous monopolizers of land, the commissioners appointed to execute this Act are hereby required and directed to divide all the lands and plantations confiscated thereby, into tracts, containing from two hundred to five hundred acres each tract, and that no one tract shall exceed five hundred acres at most, where it can be done without great and manifest prejudice to the sale, when weighed and considered by the said commissioners together with all the other important circumstances just mentioned in the former part of this clause. XV. And be it further enacted by the authority aforesaid, That the said commissioners shall and may appoint such a number of clerks as they shall judge necessary, which clerks shall keep regular inventories of the said clerks. estates, and make true entries of all their proceedings, and, before they act as clerks, shall take an oath diligently and truly to execute the said office; and that the said commissioners shall be allowed a commission of one per cent. on the nett proceeds of the said estates, to be equally divided amongst them, in lieu of all demands against the public. Commissioners may appoint XVI. And be it further enacted by the authority aforesaid, That the exExpense of pence which may be incurred for surveying and laying off the lands hereby surveys, &c. to confiscated, into different tracts, shall be paid or reimbursed by the per- be paid by sons who shall purchase any of the said lands, at the time of purchasing purchasers. the same. Persons must XVII. And he it further enacted by the authority aforesaid, That all persons, subjects of this or any of the United States, and friends to the freedom and independence thereof, who have demands against any of the deliver in their persons mentioned in the said lists number two, three, four, five and six, demands on such estates, by shall lay a state and proofs of the said demands before the said commis- 20th Feb. next. sioners, on or before the twentieth day of February next; and the said commissioners are hereby empowered and required to examine into the Justice and validity of the said demands, and make report thereof to the General Assembly, at their next meeting, after the said twentieth of February, to the end, that the legislature may direct with respect to such creditors what to justice shall appertain; and if the said legislature shall not liquidate the said demands agreeable to the claimant, such claimants shall have an action against the said commissioners, and the amount sales of the estates of the persons mentioned in this Act, shall be respectively liable to satisfy the said demands, and all other creditors, except those above mentioned; and those, in case they shall neglect or refuse to make their demands within the time aforesaid, shall be, and they are hereby, barred from any claim on the State, on account of their said demands. XVIII. And be it further enacted by the authority aforesaid, That if Felony to reany person or persons shall remove, aid or assist in the removal of, any of remove any of the property. the property hereby confiscated, or shall conceal the same, with intent to defraud the public, every such person or persons shall be, and they are hereby declared to be, guilty of felony, and shall, on conviction, suffer death, without benefit of clergy. XIX. And be it enacted by the authority aforesaid, That each of the Commissioners said commissioners shall forthwith, and before entering on the execution to give security of their office, give security, to be approved by the Governor and Com- in £10,000. VOL. IV. 66. A. D. 1782. mander-in-chief, with the advice and consent of the Privy Council, in the sum of ten thousand pounds sterling, for the due and faithful execution of the said office; and on failure so to do, the Governor and Commander-inchief, with the advice and consent of the Privy Council, shall appoint some other fit and proper person or persons, in the room or stead of the person or persons failing to give such security, who shall have all the powers and authorities, and do and execute the several matters and things, which are hereby granted or required of the person or persons so failing to give such security. XX. And be it further enacted by the authority aforesaid, That in case Commissioners it shall be necessary, on surveying of the lands hereby directed to be sold, may demand to have a sight of the plats of the adjacent lands, the owners of the said plats of the owners of ad- adjacent lands shall, on demand by the said commissioners, or a majority jacent lots. of them, produce the said plats, and deliver copies of them to the said commissioners, for the better ascertaining the exact boundaries between the said lands and those hereby directed to be sold, or shall testify, upon oath or affirmation, that they neither have or can obtain the plats required by the said commissioners; and in default of their so doing, the said commissioners shall cause the said lands, hereby directed to be sold, to be surveyed, and plats thereof made, according to the best information which they can procure touching the same; in which case the plats so made shall be deemed conclusive against the claims of the owners of the said adjacent lands. Slaves to be XXI. And whereas, a sum of money in specie may be necessary for the service of the State; Be it therefore enacted by the authority aforesaid, sold for specie. That the Governor or Commander-in-chief shall direct so many of the slaves hereby confiscated to be sold, in such place or places, in or out of this State, for ready money, as he, with the advice and consent of the Privy Council, may think requisite and necessary for the service of the State, (not exceeding in the whole one hundred and fifty slaves); any thing hereinbefore contained to the contrary hereof in any wise notwithstanding. be sold in families. XXII. And be it further enacted by the authority aforesaid, That in all Negroes shall the sales of negroes, directed by this Act, the parents shall not be separated from their children, but that the said slaves shall be sold in families. XXIII. And be it further enacted by the authority aforesaid, That this State will warrant and forever defend the estates and property which may warrant pur- be sold by the said commissioners, or a majority of them, as aforesaid, to the persons who shall respectively purchase the same, and to their heirs, executors, administrators and assigns, for the term for which the same shall be sold, against every person whomsoever. The State to chases. Inventories, XXIV. And be it further enacted by the authority aforesaid, That the commissioners shall, from time to time, at least once in every month, de&c. to be deliv- liver to the treasurers all such inventories, with the appraisement of the different estates, and all such account sales as may be finished, together with the bonds for the same. ered to the treasurers. This a public XXV. And be it further enacted by the authority aforesaid, That this shall be deemed a public Act, and judicially taken notice of as such, and that the same shall be construed liberally, and in the most beneficial manner for the interest of the State, and for carrying the intent and purview of the Act fully and effectually into execution. And if the said commissioners, or any of them, or any person acting by their authority, shall be sued or impleaded for any matter or thing done by virtue hereof, they or he may plead the general issue, and give this Act and the special matter in evidence; and on verdict or judgment against the plaintiff, or discon tinuance or non-suit, the person or persons so sued shall recover treble A.D. 1782. costs of suit. In the Senate House, the twenty-sixth day of February, 1782. JOHN LEWIS GERVAIS, President of the Senate. The lists appended to this Act are omitted by the present editor. AN ACT for the regulation of the Militia. No. 1154. AN ACT FOR AMERCING CERTAIN PERSONS THEREIN MENTIONED. WHEREAS, many persons, inhabitants of, and owing allegiance to, this State, (some bearing high and important trusts or commissions,) have withdrawn themselves from the defence thereof, accepted protection from the officers commanding his Britannic Majesty's forces, now carrying on a cruel and destructive war within this State, and are either within the lines of the enemy, or have omitted to surrender and enrol themselves and perform the duties to their country pointed out and required by the proclamation of his excellency the Governor, dated the twenty-seventh day of September last past, in utter neglect and contempt of the executive authority of the said State, and to the evil example of society. And whereas, there are others who, forgetting all the social ties of kindred, the feelings of humanity, and regardless of the duty and allegiance they had most solemnly sworn to their country, did actually subscribe and pay by themselves or agents, considerable sums of money towards mounting and equipping a troop or troops of cavalry, or other military force, for the service of his Britannic Majesty, to act against their fellow-citizens, and the independence and freedom of this State; and whereas, it is but just and reasonable that the estates of such persons, both real and personal, should be amerced, and that a due discrimination should be made: No. 1155. Preamble. estates. I. Be it therefore enacted, by the honorable the Senate and the House of Representatives, in General Assembly met, and by the authority of Amercing of the same, That the commissioners appointed for carrying into execution an Act entitled "An Act for disposing of certain estates, and banishing certain persons therein named," shall, within four months after the passing of this Act, or as soon as may be thereafter, cause a full and true inventory and account to be taken of all such real and personal estates of the persons mentioned in the list or schedule hereunto annexed, as they can come at, or gain the possession of, and cause the same to be appraised on oath by three freeholders, to be appointed by the said commissioners, or a majority of them; and levy and take thereout the amercement hereinafter mentioned, as near as may be, that is to say, twelve per cent. on the 1 A. D. 1732. Commissioners to sell estates. true and equitable value of all such estate of the persons mentioned in the said list or schedule, for the use and service of this State. II. And be it further enacted by the authority aforesaid, That the said commissioners shall in like manner cause an inventory and appraisement to be made and taken of the real and personal estates of all such persons, late inhabitants of, and owing allegiance to, this State, as it shall manifestly appear, that is to say, by confession of such person, or by the oath of any one or more credible witnesses to be taken and sworn before any judge or justice in any court of record in this State, have directly or indirectly by themselves or agents, subscribed or paid any sum or sums of money towards mounting, arming, or equipping, any troop or troops of cavalry, or other military force, for the service of his Britanic Majesty, to act against this State, or against any other of the United States of America; and shall cause to be taken and levied thirty per cent. on the real and equitable value of such estate, for the use and service of this State. III. And be it further enacted by the authority aforesaid, That the said commissioners shall have full power and authority, where it may be necessary, to sell at public sale, after a notice of six weeks, and convey to such persons as are willing to become purchasers of the same, any part or parts to have power of the estates, real and personal, directed to be appraised and valued by virtue of this Act, as shall be sufficient to make up the amount of the amercement on such real and equitable value of the said real and personal estates respectively; and give such reasonable credit to the purchaser or purchasers, who shall give bond and approved security, payable with interest, as they may find necessary, not exceeding three years for the said real estate, and not exceeding two years for the said personal estate; and shall make out and deliver to the commissioners of the treasury of this State fair copies of all such inventories and appraisements, and also an account sales of such real and personal estates, and also all such moneys, or bonds and securities for moneys, that they may receive for the same, at least once in every three months after such appraisements and sales shall take place respectively. IV. And be it further enacted by the authority aforesaid, That all such estates, real and personal, as the said several persons mentioned in the said Property held list or schedule hereunto annexed, or who now are, or may become sub27th Sep. 1781,. liable. 'jects of this Act, were possessed of, or entitled to, on the twenty-seventh day of September last past, shall be held and taken by the said commissioners to be still the property of such persons respectively, so as to warrant and entitle such commissioners to levy and take the said several and respective amercements directed to be made and levied by virtue of this Act; and that the same pains and penalties shall be extended, and be construed to extend, to all such persons who shall embezzle, conceal, or remove, or Penalty for em- attempt to embezzle, conceal, or remove, any part or parcel of such estates, bezzling. real and personal, respectively directed to be amerced by virtue of this Act, as are extended to such persons as may embezzle, conceal, or remove, or attempt to embezzle, conceal, or remove, any part or parts of the estates, real or personal, confiscated and taken under and by virtue of an Act for disposing of certain estates and banishing certain persons therein mentioned. V. And be it further enacted by the authority aforesaid, That the several amercements and levies to be made by the said commissioners, and the survivors of them, by virtue of this Act, shall be, and they are hereby declared to be, fully and absolutely vested in the said commissioners, and the survivors and survivor of them, and the executors and anministrators of such survivor, subject to the same uses and trust as the several estates confiscated and disposed of by the said recited Act; and shall be, and are Disposal of amercements.. |