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
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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,
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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 I
st 1778.
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1. Exercising editorial prerogative, the list was sorted alphabetically. — RWH