purchasers, in the manner and form prescribed and required in the rules and regulations for selling the said real estates, be deemed and held null and void; and such sale or sales are hereby declared to be null and void, to all intents and purposes whatsoever; and the commis- The property sioners appointed by this act are empowered and required to take the to be resold said real estates into their custody and care, and to be subjected to act. sale under the power and authority of this act. under this to be under can be ob 61. Sec. XVII. That the said commissioners, or a majority of Sales of land them, be empowered and required, and they are hereby empowered the best eand required, to proceed to the sales of the forfeited real estates which scription that have been settled heretofore, or which by public notoriety are known tained. or generally understood to contain a certain or supposed number of acres, under the description which the said lot, plantation, or tract of land, island, or islands, (as the case may be) generally bears, and also to the sales of all such other unsettled real estates as the said commissioners, or a majority of them, can receive a well-informed knowledge of from wise and faithful citizens, who are, or may be, acquainted with such unsettled tracts of land. defend all under this 62. Sec. XVIII. That the state will and do guarantee and defend The state to the commissioners appointed by this act, or a majority of them, in all sales made their proceedings for carrying the powers and authorities given them act. by the same into full effect, and will also warrant and for ever defend all and every sale or sales which the said commissioners, or a majority of them, shall make to any purchaser or purchasers of any part or parts of the real and personal estates confiscated by this act. 63. Sec. XIX. That the said commissioners be allowed a commis- Commissionsion of one and a half per cent. on all sales of the real and personal sation. estates, besides all reasonable and just expenses incurred in carrying this act into execution. ers' compen their pro quently to the governor. 64. Sec. XX. The commissioners shall, and they are hereby re- To report quired, from time to time, once in two months, to make out returns of ceedings freall their proceedings, and deliver the same to his honour the governor or commander in chief for the time being, with the inventories of the different estates, and all such accounts of sales as may be finished, and also all bonds and securities, and sums of money received by them. to receive the construction. 65. Sec. XXI. This act shall be a public one, and judicially taken Public act notice of as such, and that the same shall have the most full, liberal, most liberal and general construction, for the purposes of carrying the same into execution, in the most beneficial manner; and if the said commissioners, or any of them, be impleaded or sued, or any person acting under their authority, for any matter or thing done by virtue of this act, they or he may plead the general issue, and give this act and the special General ismatter in evidence, and on verdict or judgment against the plaintiff, or on his nonsuit or discontinuance, the person or persons so sued shall recover treble costs. An Act for amercing certain persons therein named, and for other poses therein mentioned.-Passed August 5, 1782. Vol. I. 75. pur Whereas many persons have withdrawn themselves from the defence of this state, some of whom bore high and important trusts or commissions under the same, accepted protection from the enemy, in utter contempt of the authority of the state, and to the evil example of society; and forgetting all the social ties of kindred and humanity, did assist in endeavouring to enforce the laws of British government, and overturn that mild and equitable system of government. suc. Treble costs Commissioners to take persons here iu uamed. Persons amerced twelve per cent. Persons amerced eight per cent. which they had assisted to raise, and which it was their duty to support: And whereas, it is but just and reasonable, that the estates of such persons, both real and personal, be amerced, and that a due discrimination should be made : 66. Be it enacted, &c. That the commissioners appointed for caran inventory rying into execution an act, entitled "An act for inflicting penalties on, of estates of and confiscating the estates of such persons as are therein declared guilty of treason, and for other purposes therein mentioned," shall, within two months after the passing of this act, take an inventory and appraisement of the estates of the persons hereinafter mentioned, viz. Thomas Polhill, Sir Patrick Houstoun, John Sutcliff, George Basil Spencer, Thomas Wylly, William Struthers, Amos Whitehead, M'Carten Campbell, James Lambert, Andrew M'Lean, John Irvin, George Cuthbert, Benjamin Farley, John Goldwire, and Thomas Johnston, and within four months thereafter, take out the amercement hereinafter mentioned, that is to say, twelve per cent. on the true and equitable value of all such estates, both real and personal, of the persons herein before mentioned; and that the said commissioners, or a majority of them, shall inventory and appraise the estates of the persons herein after named, viz. William King, John Lowerman, Smith Clarendon, Stephen Miller, Joseph Cuthbert, Joseph Fox, Luke Man, Thomas Walker, Nicholas Cavenah, David Cavenah, Peter Winn, heirs of George Walker, David Johnston, James Johnston, David Delegal, Benjamin Wilson, Robert Baillie, George Houstoun, James Mossman, David Douglass, William Stephens, and take out the amercement hereafter mentioned, that is to say, eight per cent. on the true and equitable value of all such estates, both real and personal, which said amercement shall be paid by the several persons herein before named into the treasury of this state, within six months from and after the passing of this act; and that the said persons herein before named shall be obliged to give to the said commissioners, or a majority of them, a just, true, and perfect account, on oath, of all their real and personal estates which they are possessed of, or which others may or do hold in trust for them, within forty days from Persons refu- and after the passing of this act; and in case of refusal or neglect, sing to give the said commissioners, or a majority of them, are hereby empowertheir proper-ed, authorized, and required, to have the estates, real and personal, of the persons herein before mentioned, appraised by three freeholders, who shall be sworn for that purpose; and the said persons, so neglecting or refusing as aforesaid, shall forfeit double the amount of their respective amercements, which shall be recovered by sale, out of any part of their real or personal estates. an account of ty, forfeit double amercement. Moneys arising under Sec. II. [Respecting military regulations. Obsolete.] 67. Sec. III. The commissioners, or a majority of them, are this act to be hereby required to deliver all moneys which they may receive by paid into the virtue of and in pursuance of this act, as well as all inventories and treasury. Allowance for prompt payment. appraisements, and a copy of their accounts, once in every thirty And whereas it will be of great service to the state, in recruiting the continental battalion, to receive all or a part of the different amercements immediately, 68. Sec. V. Be it enacted, &c. That any person or persons amerced as aforesaid, who shall, within thirty days from and immedi ately after the passing this act, pay or cause to be paid into the treasury, or hands of the commissioners, all or any part of the sum he or they shall be respectively amerced, such person or persons so paying as aforesaid, shall be entitled to, and allowed, a deduction of ten per cent. on all or such part of his said amercement as he shall pay, or so cause to be paid, and any person so fined or amerced as aforesaid, who shall, within the space of three months, so pay or cause to be paid all or any part of his said amercement as aforesaid, he or they shall be entitled to and allowed a deduction of five per cent. any matter or thing herein contained to the contrary thereof notwithstanding. lowed for ea 69. Sec. VI. Any person or persons so amerced as aforesaid, who Deduction alshall within thirty days recruit or enlist any able bodied soldier for the listing selcontinental battalion, and produce a certificate thereof within the said diers." time, shall be allowed a deduction from his said amercement of the sum of forty pounds; and where any such person shall place in the said battalion any able bodied man as aforesaid, within three months from and after the passing hereof, he or they shall be allowed for every such soldier the sum of thirty pounds, to be taken from the amount of his said amercement, subject however to no other deduction what soever. in named, 70. Sec. VII. All and every person and persons named in this act Persons hereshall be, and he and they is and are hereby declared to be disquali- disqualified fied, and rendered incapable to serve on any jury, or to vote at any election for members of assembly, or to serve in the same, for and during the space of two years from and after the passing of this act ; but such person and persons is and are hereby declared to be in all other respects restored to the rights of citizenship within the state, on complying with the terms of this act, and taking the oaths of allegiance before any of the assistant judges of the county to which they respectively belong, in as full a manner as if the act of confiscation before named had never been made, or as any other American citizen doth enjoy the same, subject only to the disability in this act contained; and all offences of a public nature (murder only excepted) Offences, exshall, in regard to such person and persons, be for ever buried in obli- buried in obvion, saving only the right of civil actions to any person or persons civil actions who may apprehend him, her or themselves aggrieved by such person saved. or persons named in this act. And whereas, certain parts of the estates real and personal, of several of the persons named in this act, have been under former laws sequestered and applied to public use, and other parts have been sold, and disposed of under and by virtue of a certain act of confiscation, passed at Augusta, on the fourth day of May last passed, and entitled "An act for inflicting penalties on, and confiscating the estates of such persons as are therein guilty of treason, and for other purposes therein mentioned." cept murder, livion. But rections to the estates of 71. Sec. VIII. Be it enacted, &c. That in all cases, where any part Further diof the moneys have been received, or property in lieu thereof taken the commisand applied to public use, the amount of the same shall be acknow- sioners. ledged and received by the commissioners appointed in and by this act, as so much of the amercement of such person or persons respectively; Purchasers of and in all cases where any part of the estates, real or personal, of the the persons said persons, or any of them, named in this act, hath been sold or dis- herein namiposed of by the said commissioners, it shall and may be at the option quish or hold of the purchaser or purchasers either to give up his, her, or their their option. purchase, or to keep the same. In the latter case, the said sale shall be The goverconfirmed, and his honour the governor for the time being shall assign to such perand set over to the persons or persons whose property was so sold, all ed may relin the sanie at nor to assign son all bonds, &c. touching the sale of the said es tate. bonds, mortgages, and other securities taken for the same by the said commissioners from the said purchaser and purchasers, and thereafter the said bonds, mortgages, and other securities, with the moneys thereon due and to grow due, to hold to such person and persons respectively, to whom the same are so assigned as aforesaid, and their respective heirs, executors, administrators, and assigns, absolutely for ever; and in this case no suit or action shall be brought against the said purchaser and purchasers, for the space of two years from January next, and then whatever would be deemed a good payment to the public, shall be held and taken as such by the person or persons If the pur- to whom the said bond and other securities are assigned: And if it chaser gives shall so happen that the said purchaser or purchasers under the said perty vests in confiscation act, shall choose to give up his, her, or their purchase, he, she, or they shall have power so to do, and the estate real or personal purchased by such person or persons being redelivered to the owner or owners in this act named, the said purchaser or purchasers shall be entirely acquitted and released from all claim or concern in the said estate, and the same shall hold to the said original owner or owners, his, her, or their heirs, executors, administrators, and assigns for ever, subject only to the amercement in this act specified and contained. up, the pro the original owner Estates of red. Subject to payment of 72. Sec. IX. All such parts of the estates of them the said sevepersons hereinbefore named, either real or personal, which have not been already, and before the passing of this act, sold and disposed of, by the commissioners aforesaid, shall be, and the same is hereby declared to be fully, truly, and absolutely restored to them the said several persons hereinbefore named respectively, and their respective heirs, executors, administrators, and assigns for ever, in as full and ample a manner, to all intents and purposes, as if the said act of confiscation passed at Augusta as aforesaid had never been made. 73. Sec. X. The said several persons hereinbefore named shall commission- pay and satisfy the commissioners the full amount of their commissions respectively, on the sales of such part of their estates as have been sold. ers. The state to warrant the by the commissioners. 74. Sec. XI. The state will and do guarantee and defend the sales made commissioners appointed by this act, or a majority of them, in all their proceedings for carrying the powers and authorities given them into full effect, and will also warrant and for ever defend all and every sale or sales which the said commissioners, or a majority of them, shall make to any purchaser or purchasers of any part or parts of the estates of the aforenamed persons. Commissioners' compensation. Persons concealing any forfeit it. 75. Sec. XII. The commissioners for carrying this act into execution shall be allowed one pound for every such hundred pounds placed in their hands, and paid by them agreeably to the meaning of this act, together with an allowance for such reasonable charges as may accrue from the execution of the same. 76. Sec. XIII. If any person or persons named in this act shall part of their fraudulently make over or remove, or conceal any part or parts of property to his or their property, with intent to defraud the state, such person or persons shall forfeit all and every such part or parts of his or their estates so made over, removed, or concealed, on satisfactory proof being thereof made before any court of record within this state. 77. Sec. XIV. This act shall be deemed a public act, and shall be considered in the most beneficial manner for the interest of this state. An Act for empowering a less number of commissioners to be a board than is mentioned in an act passed at Augusta on the fourth day of May, 1782, for-[reciting the title, see sec. 45.]-This act passed Feb. 8, 1783. Vol. I. 89. Whereas in and by the act passed the 4th day of May, 1782, [reciting the title,] commissioners were appointed for carrying the same into execution, and were invested for that purpose with such powers as are therein set forth and contained. And whereas the said law declared a majority of the said commissioners competent to proceed on the execution of the same, and it is now manifest the intentions of the law are retarded and prevented by the difficulty of getting together a majority of the commisssioners so appointed to proceed to business, missioners. appointed powers of the former board of commis 78. Sec. I. Be it therefore enacted, &c. That from and immediate- Three comly after the passing of this act, Charles Odingsells, Hugh Lawson, and Abraham Ravott, or a majority of them, shall be and they are hereby with the declared commissioners, fully established and invested with all and every the powers and authorities, a majority of the whole of the said sioners. commissioners named and appointed in the said law, were by the same actually invested and empowered with, except the proceeding to sale of confiscated real estates, and except the sale of confiscated personal estates without the sanction, concurrence, and order of his honour the governor and executive council for the time being, shall be first had, obtained, and given for the sale of such confiscated personal estates only, any thing in the said confiscation law aforesaid to the contrary notwithstanding. board dissol 79. Sec. II. All and every power and powers derived by any of Former the commissioners except Charles Odingsells, Hugh Lawson, and ved. Abraham Ravott, by, from, or under the confiscation act, passed at Augusta, as aforesaid, is and shall immediately after the passing of this act be annulled and declared void, any thing in the said confiscation act to the contrary notwithstanding. and council the sale of personal es 80. Sec. III. His honour the governor, by and with the advice Governor and consent of the executive council, shall be and he is hereby em- may order powered to give his sanction, concurrence, and order to the said commissioners on any pressing exigency of the state, to proceed to sale of tate. such confiscated personal property as such exigency may require, on such terms as may appear to them to be most advantageous for the state. commission powers de 81. Sec. IV. Charles Odingsells, Hugh Lawson, and Abraham The three Ravott, commissioners as aforesaid and hereby appointed, shall be ers named, and they hereby are vested and authorized with all and every the and their powers and authorities the majority of the commissioners named and cared. appointed in and by the said confiscation law, were and are invested with, by an act passed the 5th day of August last, entitled, &c. [sec. 66,] any thing in the said amercement law to the contrary thereof contained notwithstanding. An Act for releasing certain persons from their bargains, and again selling and disposing of the same premises; for establishing funds; and for other purposes therein mentioned.-Passed July 29, 1783. Vol. I. 90. Whereas under and by virtue of an act, entitled, &c.--[See sec. 45] passed at Augusta on the 4th day of May, 1782, divers sales of confis |