GNB
Archives provinciales du Nouveau-Brunswick
comment
Heures d’ouverture des APNB pour le congé du temps des fêtes 2017/2018
23 au 26 décembre : fermé
27 au 30 décembre : 9 à 17h
2 janvier: fermé

Fort Havoc (Wallace Hale)

Info Le langage employé dans les textes est celui utilisé par Wallace Hale. Les documents dont les Archives provinciales font l’acquisition ne sont pas traduits de la langue dans laquelle ils ont été produits.

Introduction | Généalogies | Documents de référence sur les Loyalistes | Textes de référence sur les Loyalistes | Nouveau-Brunswick | Album de W.O. Raymond | Listes de passagers de navires
 

AN ACT

for attainting such persons as are therein mentioned of high Treason, and for Confiscating their Estates, both real and personal to the use of this State; for establishing boards of Commissioners for the sale of such Estates, and for other purposes therein mentioned.

WHEREAS the king of Great Britain, did on the Nineteenth day of April which was in the Year of our Lord one thousand seven hundred and seventy five, Commence a cruel and unjust War against the good people of America with intent to reduce them under subjection to a state of lawless sway and absolute despotism in Violation of the Antcient Constitution and utterly subversive of the same: And Whereas the said King in order to carry the said flagitious and destructive system of Government into full effect did send a body of his Troops on the aforesaid day and Year, which Troops did Wantonly Attack and Murder the peaceable Inhabitants of America Whereby the said King did forfeit and forefault every right and title to the Allegiance of the said people, and by other and Various methods did do away and destroy the great end of all Civil institutions, the public good; And Whereas the powers of Government incapable of Annihilation did devolve upon the people for exercise of the same, and the said people, did (as of right and Justice they ought) enter into a full exercise thereof for their common safety and happiness. And Whereas at a General Congress held at Philadelphia a decleration of the Antient and inherant rights of the people recognizing the above principles of Government and the Necessity of a final seperation and dissolution of all political connection with the King and Realm of England took place on the fourth day of July one thousand seven hundred and seventy Six, Asserting the thirteen United Colonies to be free, and Independent States, and in full and Absolute possession of every supreme power which free and Independent States and powers do and Ought of Right to enjoy, which decleration not only confirmed the powers of the Seperate States, but plainly and Manifestly recognized the Justice and political Necessity of Assuming and exercising the powers which reverted to, and devolved upon the people on the breach which was made by the said King of Great Britain on the said nineteenth day of April in the Year of our Lord one thousand seven hundred and seventy five, in the original contract which subsisted between him and the people; And Whereas it is both just and Constitutional that all and every Allegiance and other duty which was due from the good people of America on the said Nineteenth day of April which was in the Year one thousand seven hundred and seventy five should be immediately transferred and Accordingly were by means of the said breach transferred from the said King to the powers which Assumed the rights and exercise of Government in this State: And whereas various persons Inhabitants of this State in contempt of the said Allegiance And duty so transferred as aforesaid did traiterously avoid the same, and led away by their wicked devices did contumaciously aid, abet, assist and comfort the Troops and Vassals of the said Britanick King then ravaging and plundering the Coasts and Towns of America, and by every savage and inhuman practice, murdering and destroying the good people of the same; and whereas it is but reasonable and just that the Estates both real and personal of all such persons residing within this State, on, or since, the said Nineteenth day of April who have refused their Allegiance to the Governing powers of the same should be forfeited and Confiscated, which forfeitures and confiscations are further Recommended by Congress to be carried into immediate execution. With intent therefore that effectual Justice may be done, and all such defections and treasons meet with their due punishments, and also that the same may be prevented in future.

Be it enacted by the Representatives of the freemen of the State of Georgia in General Assembly met, and it is hereby enacted by the Authority of the Same. That1

  Robert Abrams, (hatter)

Angus Bacon,
Alexander Baillie,
George Baillie,
Robt Baillie,
George Barry,
George Borland,
William Bosomworth,
Jas Brown school master,
Thomas Brown, late of the ceded lands,

William Clark (late of St Andrews Parish)
James Chapman,
William Colville (pilot)
Basil Cowper Junr
Alexander Creighton,

Peter Dean,
James Downey,
Cornelius Dunn,
John Dunn,

Thomas Eatton,

Joseph Farley,
George Finch,
Wm Fraser,
John Frost,
William Frost,

John Graham,

Charles Hall.
Andrew Hewitt,
Timothy Hollingsworth,
Valentine Hollingsworth,
John Hopkins (Pilot)
John Hubbard,
James Hume,
John Hume,

John Inglis,

John Jamieson,
David Johnston,
James Johnston,
John Johnston,
Joseph Johnston,
Thomas Johnston,
William Johnson,

Roger Kelsall,
George Kincaid,
James Kitching,

John Lightenstone,
John Love ( of Effingham County)
William Love,
William Lyford,

Joseph Marshal,
Matthew Marshal,
John Martin, (of Jekyl Island)
George McCaully,
Daniel McCleod,
Charles M'Culloch, (late of Savannah)
Alexander M'Donald,
Daniel M'Donald,
John McDonald,
John McDonald (Taylor)
William McDonald,
William M'Gillivray,
Alexander M'Goun,
Daniel McGurth,
James McGurth,
Roderick M'Intosh,
Chas Wm McKennin,
Robert Moodie,
James Moore,
Philip Moore,
Samuel Moore,
William Moss,
John Mulryne,
Simon Munro,
John Murray,

William Oldes,

William Panton,
Simon Patterson,
John Pettinger,
Robert Porteous,
James Edward Powell,
George Proctor,

Joseph Rains (late of the Parish of St David)
John Bond Randell,
Robert Reid,
Thomas Reid,
James Robertson,
David Ross,
William Ross, (late of Saint Andrews Parish)

Thomas Scott, (late of the ponds on Ogechee Wilkes County)
James Shivers,
William Simes,
John Simpson (Sabine fields),
Robert Smith,
James Spalding,
John Speier,
Anthony Stokes,
Thomas Stringer,

Josiah Tattnall,
James Tayler, (Merchant)
William Trentfield,

Garrit Vinsant,
George Vinsant,

Charles Watts,
George Webb,
George Wilds,
Sampson Williams,
John Wood, (late of Savannah, Merchant)
Charles Wright,
Sir James Wright,
Jermyn Wright,
Alexander Wylly,

Henry Yonge Jr
Henry Yonge Senr,
Philip Yonge,
William John Yonge,
Thomas Young,

John Joachin Zubly,

be attainted and Adjudged guilty of high Treason Against this State, and they are hereby attainted and ad judged guilty of the same Accordingly.

And be it further enacted by the Authority aforesaid that in case any or either of the persons above named, and who are herein and hereby attainted of high Treason shall hereafter Return to this State, or be taken in Arms against the Authority of this State, or the United States, and shall be brought within the limits of this State, such person or persons shall be subject to arrest, imprisonment and trial for the crime of high treason, and shall on conviction thereof in any Court of record where by the laws of this State, such person or persons shall be triable, Receive sentence and judgment of death, and shall suffer Accordingly.

And whereas such persons as have forfeited the personal protection of, and been Guilty of high Treason Against the State, Contrary to their duty and Allegiance to the same, do also incur the forfeiture of their property And possessions both real and personal, and it being highly reasonable that the Estates real and personal of traitors who are hereby Attainted should be discovered, and Applied to the use of the good people of this State, in the most speedy and effectual manner, and that due provision be made for the satisfaction of all just and lawful claims which any of the good friends of this State may have to, out of, or upon the Estates of such disaffected persons and Traitors;

Be it therefore further Enacted by the Authority aforesaid that all and every the lands and heritages, debts or sums of money, and goods and Chattles whatsoever, and generally the goods Chattles and effects, heritable and moveable, real and personal, of what Nature or kind soever they be, within this State, whereof any person or persons, who, since the said Nineteenth day of April which was in the Year of our Lord, one thousand seven hundred and seventy five, is, or are hereby attainted and adjudged guilty of high Treason against this State for levying War against the same, or conspiring against its safety, or for any other high Treason whatsoever committed since the said Nineteenth day of April in the Year of our Lord one thousand seven hundred and seventy five, within this State, or elsewhere, was, were, or shall have been seized or possessed of, or interested in, or intitled unto on the said nineteenth day of April in the Year of our Lord, one thousand seven hundred and seventy five or at any time afterwards, in his her or their own right, or to his her or their own use, or whereof, any other person or persons, was, were or shall have been seized, and possessed of, or interested in or intitled unto, to the use or in trust for them, or any of them, shall According to the several and Respective Estates, and interests, which the said person or persons attainted since the said Nineteenth day of April in the Year of our Lord, one thousand seven hundred and seventy five, or any in trust for them, or any of them, had or shall have had therein as aforesaid, or did, or might, or shall forfeit by such attainder, stand and be forfeited to this State, and shall be deemed vested, and Adjudged, and is, and are hereby declared and enacted to be in the real and Actual possession of the Government thereof without any office of Inquisition thereof hereafter to be taken or found, and without any declaration of forfeiture to be obtained.

And to the end that all the Estates of the said Traitors of what nature soever within this State hereby or otherwise vested, or hereby intended to be vested in this State, and the Yearly and other Values thereof, and all incumbrances thereupon, may be the better discovered, known and described, and Ascertained, and that the same may be secured, sold and disposed of, and that in the meantime, the rents issues and profits thereof may be recovered and brought in, for the use of and to defray the Grevious and heavy expences accrued in defending this state against the attacks of its cruel invaders; and that due examination be taken, and satisfaction be made of all just and lawful claims to, upon or out of the said Estates or any of them:

Be it therefore further Enacted by the Authority aforesaid that five persons be appointed by the ballot of this House to act as a board of Commissioners in each County within this State, except as herein is hereafter excepted that is to say: For the County of Chatham George Walton, Thomas Stone, John M'Cleur, Edward Davis and Ambrose Wright: — For the County of Effingham John Postell, Henry Wood, Jacob Cronenberger, Joshua Peirce and Archibald Patterson: — For the County of Burke, John Thomas, Abraham Jones, Blessingham Harvy, Joseph Gresham and William Levingston: — For the County of Richmond, Robert Walton, Seth John Cuthbert, Benjamin Few, William Glascock, and William Jackson: — For the County of Wilkes Solomon Nusum Junr, Richard Aycock, George Wells, Daniel Colman and Barnard Herd: — For the County's of Liberty, Glynn and Camden, Benjamin Baker, John Sandiford, Francis Brown, Moses Way and William Peacock: — And any three or More of such Commissioners in each County shall Constitute a board, and shall exercise the powers and duties by this Act given and required; And each board so Constituted and appointed as aforesaid is hereby authorized empowered, and required, to enquire into all such Estates both real and personal within their respective Counties, as are hereby, or otherwise Vested, or hereby intended to be vested in this State; and to cause all and every the rents issues and profits thereof, until sale shall be made, to be effectually levied and paid to the respective boards; and to levy, raise, secure and cause to be sold by the sheriff or such other person, as shall be appointed by the respective Boards of each County, all such Estates both real and personal, and other personal Chattels and Estates hereby or intended hereby to be vested in this State, situate and being within each County respectively; and all such rents, issues and profits, and all monies arising from such sales shall be paid to the respective boards, and by the respective boards shall be deposited in the Treasury of this State, to be disposed of, used, or employed to such purposes and uses as the Legislature of this State, shall order and direct; and all persons claiming, or pretending to claim any Estate, right, title, or Interest in, to, or out of the said Estates hereby, or intended hereby to be vested in this State, or being, or pretending to be Creditors of any of the said persons hereby Attainted and Adjudged Guilty of high Treason, shall produce and exhibit the same to the respective Boards, within whose Jurisdiction such claims shall belong and be made, and the same shall be examined and enquired into by the Respective boards: And if they shall find that any of the claims so to be made as aforesaid, shall be well founded, and have good colour of Justice, and are not rendered fraudulent and void, by any part of this Act, that then the said respective boards shall admit such claims and Act Accorclinglv: but in case any of such claims shall not appear to be well founded, and to have good colour of Justice, and shall appear to be made fraudulent and Void by this Act. that then the said respective Boards shall refer all the papers and other testimonies, upon which such claims shall be founded, to the Attorney General for the State, for the time being, who is hereby Authorized and required to enquire into, and examine the said papers and testimonies, and to defend the right of the State, as well before the said boards, as in any of the Superior Courts against the same.

And be it Further Enacted by the Authority aforesaid that the respective Boards so constituted and appointed as aforesaid shall and may meet. Act and proceed from time to time with or without Adjournment, within term time or without, and shall and may send their precept or precepts for any person or persons whatsoever to appear before them, and for all such books papers Writings and Authenticated Copies of Records, as they shall think necessary for their information in any Matters or things relating to this Act without any fee charge or reward to be paid for the same: and shall and may detain in their Custody, such books, papers, writings and Authenticated copies of records, so long as they shall have occasion for the same; and then return such books, papers, writings And Authenticated Copies of records to such persons to whom they respectively belong, and shall and may administer Oaths for the better discovery of the truth of the enquiries by them to be made to any person or persons therein concerned, or to any other person or persons whatsoever; and all Sheriffs and their deputies, and Constables are hereby required to obey and execute such orders and precepts, as shall be sent to them by the respective boards: and the said respective boards are hereby empowered and required in a Summary way, and without the formalities of the proceedings in the Courts of Law to enquire and inform themselves by and upon the Testimony of Witnesses upon Oath, examination of persons interested upon their Oaths, inspection and examination of deeds Writings and records or by all or any of the said ways and means, or otherwise, according to their discretions as soon as may be: and to make a Register in books of the names of all such persons Attainted, and of all real and personal Estates, and interests whatsoever by this Act Vested, or hereby intended to be vested in this State, And by whom such estates, was and were forfeited or forfeitable, and what estate or Interest every such person Attainted or to be Attainted for high Treason as aforesaid had in any of the premises on the said nineteenth day of April in the Year of our Lord, one thousand seven hundred and seventy five, or at any time afterwards, and by what Tenures the same, or any of them respectively were holden, and of all incumbrances whatsoever, to which any of the said Estates forfeited or forfeitable for high Treason, were liable or subject before the said Nineteenth day of April in the Year one thousand seven hundred and seventy five or at any time afterwards. And in case any person or persons summoned to appear before the said Boards respectively for discovery of the premises shall neglect or refuse to appear or be examined as aforesaid then and in everv such case, it shall and may be lawful, to and for the said boards respectively to Commit the said person or persons so neglecting or refusing as aforesaid to the Common Jail of the County wherein such summons and neglect and refusal shall be made, there to remain without bail until such person or persons shall conform themselves and submit to be examined as aforesaid; And if any Officer or Officers shall refuse to give obedience to the precepts and Orders of the said Boards respectively, for the due execution of this Act, then and in every such case it shall and may be lawful to and for the said respective boards to impose on any such Officer or Officers, any fine not exceeding fifty pounds lawful money of this State for any one Offence, and to Commit any such Officer or Officers to Jail until such fine shall be paid. And for deterring and preventing all and every person and persons Whatsoever anywise indebted or liable to pay to any such forfeiting person or persons, any sum of money hereby or otherwise vested in this State as aforesaid, from concealing, with-holding, neglecting or refusing to pay the same to the said boards respectively.—

Be it Enacted by the Authority aforesaid that all and every such person and persons so indebted or liable as aforesaid who shall neglect to discover and make known the same to the said boards respectively within sixty days after the passing, and publication of this Act shall forfeit double the Value of any such debt or debts, sum or sums of money, to be recovered by suit at law in the several Counties respectively to the Use of this State, as aforesaid, and all and every person or persons, who was or were, hath or have been possessed of any personal goods or Chattles of or belonging to any such person or persons attainted of high Treason as aforesaid when the same became forfeited or afterwards, or shall be thereof Possessed, are hereby strictly charged and required to discover and make known the same to the said boards respectively within the said time of Sixty days, next after the passing of this Act, and all and every such person or persons having such goods or Chattles in his her or their possession, Custody or power, and neglecting to discover the same before the expiration of the said time of sixty days shall for such offence forfeit double the value of such personal Goods and Chattles to be recovered for the use of this State as aforesaid; And the said boards respectively are hereby Authorized and empowered to make any such settlements and Agreements touching any such debts, or personal Goods and Chattles so as aforesaid, to be discovered as the said boards respectively shall in any such case, on due consideration on the nature thereof, or circumstances of the parties Concerned therein, think fit and reasonable which Settlements and Agreements to be valid in Law, so as they do not extend to any Abatement of the real Amount of any such debts, or a relinquishment of any such personal goods or Chattles and so as the monies payable on any such settlements and Agreements be paid to the said Boards respectively for the use of this State, within the respective times allowed by the respective boards for the payment thereof; and where any of the said debts are secured by bonds or Obligations with penalties, or are due and Owing upon open Accounts not Adjusted, the said Boards respectively are hereby Authorized to state settle and determine the same, or to cause suits to be commenced for the recovery thereof.—

And to the intent the debts and personal Goods and Chattles herein before or other wise Vested in this State may be disposed of, and the Amount and Value thereof applied to the Use of this State;

Be it Further Enacted by the Authority aforesaid that the said respective boards as soon as conveniently may be, use their utmost endeavours to secure all such debts, goods or personal chattles, in such places, and in the Custody of such persons, as shall be thought most proper by the said Boards respectively, for preventing the perishing or any loss, or embezzlement thereof, and shall make or cause to be made a true and perfect Inventory or Inventories thereof, Containing a true and particular Account of all such debts, Goods and personal chattles by whom they were forfeited, and when, and by whom delivered to the said respective Boards, or any person by them appointed to receive the same; and shall also cause a just appraisement thereof to be made upon the Oaths of any three persons to be appointed by the said boards respectively for that purpose; And the said boards respectively are hereby Authorized and required to cause the sheriff or such other person as they shall respectively appoint in the respective Counties after all claims shall be liquidated and settled in the manner as is herein after directed in respect to real Estates, to sell all and singular such goods and Chattles so inventoried and Appraised, according to their best skill and Judgment And for that purpose shall cause public Notice to be given for the space of thirty days at least, of the time and place of exposing to public sale any such goods and Chattles, and the several particulars then and there to be sold, at which time the sheriff or such other person as they shall respectively appoint, shall sell the same by Auction for the Money of this State only and to the Inhabitants being Actual Citizens and residents of, and within the same, and to none others. And the said Boards respectively shall Attend the sale of any such Goods or Chattles and shall cause an entry to be made in their respective books, of all and every the personal Goods or Chattles so sold, and of the buyers Names and places of Abode, and of the prices for which they sold; And for the further Assurances thereof to the buyers, the said Boards respectively shall give a Certificate under the hand and seal of the Chairman unto the respective Buyers being Inhabitants, Citizens, and residents of this State as aforesaid and not Transient, and of and belonging to any other State or Government except as herein after is provided and excepted specifying the particulars by them bought the prices and time of sale; and every such buyer shall thereupon pay one fourth part of the Amount of every such purchase so made by persons within the description of this Act to the said boards respectively for the use of this State; and shall give good and sufficient security by Mortgage of the property so purchased, and Also personal Security to be Approved of by the said boards Respectively for payment of the remaining part of the purchase money within three Years after the day of sale, with Interest for the same at the rate of eight per Cent Pr Annum to be paid in the following manner that is to say, one third part of such remainder, at the end of one Year; one other third part thereof at the end of two years; and the remaining one other third part at the end of three Years, together with the whole of the Interest at the end of each Year respectively to the use of this State, payable to the Governor of this State for the time being, and all such Bonds shall be recorded in the Secretarys Office of this State within Ten days after they shall be delivered to the Governor as aforesaid; and the said respective boards being satisfied with the payment of the said one fourth part which shall be deposited in the public Treasury to the use of this State and of the security given for payment of the remainder within the time aforesaid, shall forthwith order the particulars so bought, paid for, and secured, to be delivered to the buyer or buyers, his her or their Assigns; and in case any person or persons who shall be the highest bidder for any such personal Goods or Chattles so exposed to sale as aforesaid, shall make any default in payment of the said one fourth part of the purchase money, or in giving approved security as aforesaid for payment of the remainder within the time aforesaid, the said boards respectively, shall and may order the respective sheriffs, or such other Person as they shall respectively appoint to proceed to a new sale of all and every such personal goods or Chattles for which such default shall be made unto any other person or persons, as if no sale thereof had before been made. Provided nevertheless, that no one person, or any person for his or her benefit or use shall have a right, or be permitted out of any or all the sale or sales which shall or may be made under and by Virtue of this Act more than twenty five Negroes above the Age of fifteen Years; and all purchases of a greater Number of Negroes above that age, by any one person, or any person for his or her use are hereby declared faudulent and Void, and any and all Negroes above that age and number, which shall or may be sold contrary to the intent and meaning of this Act, shall be demanded and taken from any such purchaser and again exposed to public sale: Provided also that any of the Inhabitants and Citizens of any of the United States who shall Actually come within this State with notorious intent to settle in the same, may be allowed to become purchasers at any of such sales within the restrictions aforesaid. And provided further that no purchaser may be allowed or permitted to remove any such slaves so purchased as aforesaid without the limits oi this State and that in case any person shall, Contrary to the intent and Meaning of this Act within twelve months after the passing and publication of the same, remove or carry from without the limits of this State any Negro or Negroes so purchased as aforesaid such person or persons shall for such offence forfeit double the Value thereof to be recovered by suit at Law to the Use of this State.

And be it Further Enacted by the Authority aforesaid that all and every person or persons being friends to the Independency of this State who shall claim or pretend to claim any right title or interest, of, in, or to any such real Estate of any person herein and hereby Attainted in and by this Act, shall within Sixty days next after the passing and publication of this Act, by his her or their Attorney or otherwise prefer and exhibit the same to the said Boards respectively, and in case no Claim shall be preferred and exhibited within the said Sixty days, of, in, or to any such real estates of such persons attainted in and by this Act, all and every such estate or estates shall be deemed free of Incumbrances and Charge; and the said Boards respectively may and shall proceed to give public notice in Writing, or at least forty days for the sale of such Estates in like manner as is required in and by this Act in respect to the sale of personal Goods and Chattles: Provided nevertheless that in case it shall appear to any future Legislature that any Infant, or other person being friends to the Independency of this state from being under Age or from any other unavoidable obstacle could not prefer or exhibit his, her, or their claim or Claims of, in, or to any such real estates to the said respective Boards within the said sixty days, it shall and may be lawful to and for any such house of Assembly, to give and Grant to any such Aggrieved person or persons, such relief and redress as shall be deemed equal to the real Value of all and every such claim and claims, any thing contained in this Act to the contrary in any wise notwithstanding: And Provided also that all such claimants shall have and be entitled to every advantage of being heard by Counsel or otherwise before the said respective Boards as any such Claimants may think fit: And Provided further that all and every such claimant or Claimants who shall or may be discontented with the determination of any of the boards respectively shall have the right of appealing from the same to any of the superior Courts of this State within the respective Counties.

And to the end that all such real Estates so sold as aforesaid may the more effectually be secured, Assured and confirmed to the respective buyers:

Be it Enacted by the Authority aforesaid that the said boards respectively, shall cause the respective Sheriffs or such other persons as shall be Appointed by the respective boards, immediately after good and sufficient security as aforesaid, shall be given and taken from the respective buyers, payable within five Years next after any and every such sale to the Governor of this State for the time being, such security to be approved of by the said Boards respectively, together with an Interest of six Pr Cent payable Annually to the Governor as aforesaid, that then the said respective Sheriffs or such other persons as shall be appointed by the said respective Boards, shall at the proper Costs and Charges of every such purchaser, sign seal and execute to every such purchaser, Good and sufficient deeds of Lease and release, for bargaining, selling, Assuring, releasing, Conveying, and confirming to every such purchaser his her or their heirs and Assigns forever, every such tract of land or plantation, so to be sold and purchased under and by Virtue of this Act, as herein before is mentioned and directed, which said deeds of Lease and Release shall be certified by the respective boards, by an Indorsement on the deed of release specifying the Actual sale of the premises, the Consideration, or purchase money, and the purchasers name.

And be it Further Enacted by the Authority aforesaid that all suits which shall or may be commenced, or cause to be commenced, in any of the Courts within this State, by any of the said respective boards under and by Virtue of this Act, shall be in the name of the Governor in trust for, and on behalf of this State.

And be it Further Enacted by the Authority aforesaid that all Bonds, Bills, Notes, Conveyances by lease and release, or other wise, transfers Exchanges, and settlements in trust or otherwise of any such Estates real or personal of or belonging to persons hereby attainted, made or entered into before or since the said nineteenth day of April, in the Year of our Lord one thousand seven hundred and seventy five being fair and for bona fide and valuable consideration and not intended to secure and keep the same from forfeiture and confiscation shall be deemed and held Valid in Law any thing herein contained to the Contrary notwithstanding: Provided nevertheless that the said respective Boards shall have and exercise the powers of Examination and Enquiry by sending for persons papers and Authenticated copies of Records, by Administering Oaths and otherwise to discover any and all collusions and frauds, and all deeds and writings of what nature or kind soever, which shall appear to have been made with intent to secure any such Estate real or personal from forfeiture and confiscation, is and are hereby adjudged and declared fraudulent and Void.

And Whereas the well managing of the said forfeited Estates is of the utmost consequence to the safety and preservation of this State.

Be it Further Enacted by the Authority aforesaid that the several Commissioners nominated by this Act for the selling and disposing the said forfeited Estates shall each of them before they enter on the Execution of their Office take the following Oath before any Magistrate of the Respective Counties, not being a Member of any of the said respective boards.

I A. B. do solemnly swear that I will to the best of my skill and Judgment faithfully and honestly execute and perform the several respective duties required in and by An Act of the General Assembly of this State entitled An Act for Attainting such persons as are therein Mentioned &c As a Commissioner for the County of                         so help me God.

And for the more effectual securing the benefits Arising on such Estates: Be it enacted by the Authority aforesaid that the said Commissioners and each of them, shall give good and sufficient security to the Governor for the time being in trust for the use of this State for the due and faithful performance of the trust reposed in them, in proportion to the Estates so intrusted to them in manner and form following that is to say; Each of the Commissioners for the County of Chatham, five thousand pounds. Each of the Commissioners for the County of Effingham Two Hundred pounds. Each of the Commissioners for the County of Burke one hundred pounds. Each of the Commissioners for the County of Richmond five hundred pounds. Each of the Commissioners for the County of Wilkes, one hundred pounds. Each of the Commissioners for the Counties of Liberty Glynn and Camden, five hundred pounds. Provided nevertheless that no one Commissioner shall be security for another Commissioner.

And Be it Further Enacted by the Authority aforesaid that the respective Boards do and they are hereby required to corespond with each other, and to settle different and distant days for selling any of the Estates real or personal, which shall or may be sold under and by Virtue of this Act; and in order that all and every of the Inhabitants of the several Counties may attend any such sales.

And to the end that all monies arising by Means of all and every the sale and sales rents issues and profits of any such Estates so vested in this State as aforesaid may be secured and applied to the uses and purposes directed by this Act.

Be it Therefore Enacted by the Authority aforesaid that the said respective boards shall and they are hereby directed and required to pay into the public Treasury of this State all and every sum and sums of Money which shall or may come into their hands respectively by means of any sale or sales, rents issues and profits as aforesaid within ten days after the receipt of all and every such sum of Money by the said respective Boards: And the Treasurers for the time being are hereby directed and required to make and subscribe three receipts for every such sum of Money of the same tenor and date, and to deliver one of such receipts to the Governor for the time being: One to the said Respective Boards, and the remaining one shall be Lodged in the Secretary's Office of this State,

And Be it Further Enacted by the Authority aforesaid that in case any of the Commissioners appointed in and by this Act, shall die. or resign their appointment, refuse or neglect to Act in the recess of the Legislature then the Governor and Council for the time being, are hereby Authorized and empowered to appoint some proper and discreet person or persons to act in the room or stead of any such person or persons, who shall or may die, or resign, refuse or neglect to Act as aforesaid. And Whereas the Sheriffs of the different Counties, or such other person or persons who shall sell any part of the Confiscated estates will be put to considerable trouble in selling the several Estates, Ordered to be sold by this Act, and it is but just and right they should receive an Adequate compensation for the same.

Be it Therefore Enacted by the authority aforesaid that the several Sheriffs or such other person or persons who shall sell at public out cry the several Estates directed to be sold by this Act or any of them, or any part of them, shall be allowed for their trouble therein the following Commissions to wit, to the Sheriff or such other person or persons who shall sell the said Estates in the County of Chatham five shillings on every hundred pounds Value so sold, received and paid, and to the Sheriffs or such other person or persons who shall sell the said Estates, in the Counties of Effingham, Burke, Richmond, Wilkes, Liberty, Glyn and Camden fifty shillings on every hundred pounds value so sold received and paid in each of the said Counties to the Amount of Ten thousand pounds, and for all sums above the amount of Ten thousand pounds, five shillings on every hundred pounds Value so sold received and paid.

And to the end that all monies Arising from the said Sales be more effectually secured, and applied to the public Use.

Be it Therefore Enacted by the authority aforesaid that the respective Boards are required to demand a reasonable Security of the respective Sheriffs or other persons for the due and faithful performance of their offices, in selling the Estates both real and personal forfeited and Confiscated by this Act, and directed to be sold, which Security shall be made payable to the Governor for the time being, in trust for the State, and shall be filed in the Secretarys office of the same there to remain as matter of record.

And Be it Further Enacted by the Authority aforesaid that the said respective Boards, be and they are hereby Authorized and empowered to Allow and Appropriate any part or parts of the Estate or Estates real or personal of every person or persons Attainted in and by this Act, who hath or have left a Wife or Wives, Child or Children behind him or them, and who are yet and shall continue to remain within this State for the support and Maintenance of such Wife or Wives Child or Children. Provided that such Allowances and Appropriation do not exceed the one half part of any such Estate: Except in cases where the one half part of any such Estate shall be found to be insufficient for these purposes; That then and in every such Case it shall and may be lawful for the said respective boards, to Allow and appropriate to the purposes aforesaid any farther part or the whole of any such Estate or Estates.

And Be it Further Enacted by the Authority Aforesaid, and it is hereby enacted and declared that all sum and sums of money arising from all and singular the sales of both real and personal Estates so to be made as aforesaid, shall be employed towards calling in, and sinking the Certificates, and bills of Credit issued by this State for the public security and defence, and towards defraying and discharging the Quota of this State of the expences and disbursements of the United States in the present War with Great Britain; And the remainder of the same shall be appropriated as a fund for the future support of this State, subject to the disposal of the General Assembly of the same.

And Be it Further Enacted by the Authority Aforesaid that this shall be deemed a public Act, and may be given in evidence in any of the Courts of Record within this State without any special pleading, and in case any person shall be sued or impleaded for any thing done under this Act, and Judgment by Verdict or otherwise shall be passed against him; such person shall recover double costs.

By order of the House.
March Ist 1778.

——————————

1.   Exercising editorial prerogative, the list was sorted alphabetically. — RWH

 


4.10.0