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An Act for amercing certain persons therein named,* and admitting
others to the rights of citizenship, and for other purposes therein mentioned.-Passed February 21, 1785. Vol. I. 78.
Whereas the legislature of this state, by their resolutions, passed in the years 1783 and 1784, relieve from the pains and penalties of banishment, as directed by the act of this state, for inflicting the pains of banishment and confiscation of persons therein named, and directed that the names of the following persons shall be taken from the act of confiscation, and placed on the amercement act, and that such amercement should not exceed twelve per centum: And whereas the present legislature have agreed to take others in like situation from off the said act of attainder ; viz. Andrew Johnston, Timothy Barnard, Isaac Delyon, Alexander Carter, Alexander Rose, and William Durgan.
104. Sec. I. Be it enacted, &c. That Thomas Young, Raymond Certain perDemere, jun. John Glen, Levi Sheftall, Thomas Gibbons, Isaac Hea- from content ton, Isaac Downie, Thomas Beattie, Robert Porteous, James Spal- cation. ding, Alexander Creighton, Andrew Johnson, Timothy Barnard, Isaac Delyon, Alexander Carter, and Alexander Rose, be, and they are hereby severally relieved from the pains of the said act of confiscation and banishment.
105. Sec. II. The estates, both real and personal, of the said Their estates Thomas Young, Raymond Demere, jun. John Glen, Levi Sheftall,
subjected to Thomas Gibbons, Isaac Heaton, Isaac Downie, Thomas Beatty, Robert Porteous, James Spalding, Alexander Creighton, Alexander Rose, and Isaac Delyon, are hereby amerced, and made subject to twelve per centum ; and that Andrew Johnston, Alexander Carter, and William Durgan, shall be subject to pay one per centum only, as an amercement on such property as they may possess ; and that Timothy Barnard be subject only to one quarter per centum ; the same to be paid within twelve months to the treasurer or commissioners of confiscated estates, for the use of this state, (all persons neglecting to pay the same in the time limited, shall be liable to pay double the sum,) to be paid in specie, and nothing else.
106. Sec. III. The said Thomas Young, Raymond Demere, jun. Said persons John Glen, Levi Sheftall, Thomas Gibbons, Isaac Heaton, Isaac Downie, Thomas Beatty, Robert Porteous, James Spalding, Alexan- enjoy ibe der Creighton, Andrew Johnston, Timothy Barnard, Isaac Delyon, tizenship, Alexander Carter, William Durgan, and Alexander Rose, shall return to, enjoy, and possess every right of citizenship in this state, any thing in the said act of confiscation to the contrary notwithstanding: Provided always, that the said Thomas Young, Raymond under certaic Demere, jun. John Glen, Levi Sheftall, Thomas Gibbons, Robert
restrictions, Porteous, James Spalding, Alexander Creighton, Andrew Johnston, years. Isaac Delyon, and Alexander Rose, shall not be permitted to vote at elections, hold offices under the government, or be eligible to a seat. in any of the departments thereof, until fourteen years shall have elapsed from the passing of this act: And provided also, that Thomas Gibbons shall not plead or practice in the courts of law of this state, for the said term of fourteen years.
periilted to return, and
* Although the term amercement is used, this act contravenes neither the letfer nor the spirit of the 6th article of the definitive treaty of peace with Great Britain of 1783; not being a forfeituré now for the first time imposed on the persons herein named, but merely so much retained out of larger forfeitures inruired and inflicted before the treaty, and now remitted.
Not to he
107. See. IV. All supplies that have been taken from the abovebrez idhen mentioned persons, for the use of the army, or payment of any of the from thein.
soldiers, shall not be brought in charge against this or the United
States. Certain nere 108. Sec. V. John Mullryne and Solomon Kemp, two persons sons permit ted w renain named in the said act of banishment, shall be, and they are hereby seven, eure, permitted to be and remain in this state, for and during the term of
seven years, without molestation or injury in respect to their persons Estate of So- for or on account of the said act ; and all and singular the estates, vested in his real and personal, of the said Solomon Kemp, which now remains wife and chil- unsold by the commissioners of forfeited estates, shall be, and the
same is hereby gratuitously given to and vested in the wife and children of the said Solomon Kemp, for and notwithstanding the said act
of confiscation, or other matter or thing appertaining to the same ; Subject to such property so given to the said wife and children of the said payment of
Solomon Kemp to be, nevertheless, subject and liable to a proporAuditor to tionable part of any debts he may owe: Provided nevertheless, that give a certif
all the property, real and personal, heretofore belonging to any of the persons aforesaid, that has been sold by virtue of the act of confiscation and attainder, the auditor shall, and he is hereby required to give such person, the former owner of the said property, a certificate for a sum equal to the amount of the sale of such property.
109. Sec. VI. It shall and may be lawful for any citizen of this state, or any of the United States, to purchase and bring into this state, and thereafter to hold, any negro or other slave, the property of any person named in the act of confiscation and banishment; provided such negro or other slave has not been sold by the commissioners of confiscated estates, and was without the limits of this state, at the time such purchase was made, any thing in the act of confiscation to the contrary notwithstanding.
Ind whereas William Welscher, Malcom Ross, James Ferrie, Donald M‘Leod, William Thompson, John Milne, and David Leion, come within the proviso of the alien act, having applied for the rights
of citizenship previous to the passing thereof: Persons ad 110. Sec. VII. Be it enacted, &c. That from and immediately rights of ci- after passing this act, the said William Welscher, Malcolm Ross, Datizenship vid Leion, James Ferrie, Donald M.Leod, William Thompson, and
John Milne, shall be, and they are hereby declared free citizens of this state, any thing in the said alien act to the contrary thereof potwithstanding.
mitted to the
In Act to point out the mode ander which property reverting to the
state shall be disposed of.—Passed December 20, 1792. Vol. I. 97.
111. Sec. I. In all cases where a foreclosure of any mortgage foreclosed on has been, or shall be complete, wherein the governor for the time the part of
being, on the part or behalf of this state, shall be the plaintiff, and
the equity of redemption shall thereupon be foreclosed, that the Sahject to estate so mortgaged shall be subject to a future sale, on the following
terms and conclitions ; that is to say, that the sheriff of the respective counties, wherein such property shall be, having given a full and perfect description thereof, shall immmediately after being notitied in writing, by the attorney or solicitor general, that the proceedings on the bill of foreclosure are ended, and that the defendant or defendants are by law precluded from the right of redemption of
CONFISCATION AND AMERCEMENT.-1792.
the premises, advertise the same for sale in both the gazettes of Sa-
, the purchaser first giving a mortgage on the premises for equal annual
. surer's certificates, (except Wade and O'Bryan, and Seth John Cuthbert's, whose accounts remain unsettled,) the paper medium of this state, issued the third day of August, 1786, or in gold or silver.]
112. Sec. II. The sheriffs of the several counties shall be al- Sheritis lowed at the rate of one per centum on the value of property, which tou. be or they shall sell under and by virtue of this act, which commissions as aforesaid shall be in full compensation for all charges, duties, and services herein required, and the bonds and mortgages so taken Blonds takeu by the sheriffs shall immediately thereafter be transmitted to the ile treasury. treasurer, who shall give a receipt for the same, describing as fully as may be, a particular account of the several bonds and mortgages.
113. Sec. III. And in cases where the sheriff of any county is Sherif may not sufficiently informed of the quantity or number of acres which woundaries any tract or tracts of land, subject to sale by this act, shall contain, in any track, or the boundaries of any such lands, he shall apply to the superior by rule or court, and upon showing cause to the satisfaction of the court, may obtain a rule of survey, on such conditions as the court shall direct; and shall, after the sale of such land, file the survey of record in the clerk's office of the superior court ; and that the expense of such Expense of
, surveys shall be laid before the judge of the superior court, and upon how paiú being approved of, the same shall be allowed out of the specie part
114. Sec. IV. And it shall be the duty of the attorney or solicitor Attorney or general to furnish the sheriffs of the respective counties with the real tu fürforin of bond, which will enable the governor for the time being to lif's with the obtain judgment on the whole money due on such bond, on failure of form of a Payment of either of the instalmenis, but that execution shall issue
vond, &c. only for such instalments as they become due ; which form of a bond shall govern such sheriffs in the performing the duties required by
115. Sec. V. The purchaser shall pay two and a half per centum two nui a in specie on all purchases made under this act ; (Provided this shall bati per cent. not extend to affect any purchase or purchases which may be made chases to ve under and by virtue of this act for academy uses) from which pay-cie. From ment, the sheriff performing the duties herein required, shall or may sherifis may deduct his commission of one per centum as full compensation for deduct their making out and executing titles, and for all charges, expenses, and tion, tervices so required, and the balance of such specie payment the ende perille sheriff shall pay into the treasury within one month after the sale ; and the treasury
* But see sec. 129.
within one month. Terms of sale not com
to . Discoverers of secreted
cent. on its value.
in cases where the purchasers shall not comply with the conditions of
the sales, the sheriff shall order the property to be resold, first subplied with, jecting the purchaser at the first sale to make up the deficiency which the property may arise at such second sale.
116. Sec. VI. In all cases wherein lands or other property shall property to
be secreted from the sheriff, any citizen who shall discover and make have ten per the same known, that such informer shall receive ten per centum out
of the nett amount of such sales,* and such property so discovered, shall be sold and disposed of under the like terms as is herein pointed out for the sale of property so as aforesaid foreclosed.
And whereas, by several resolutions and acts of the legislature, the several counties in this state were entitled to receive out of the confiscated property, the sum of one thousand pounds each, for the encouragement of public schools, but that several of the counties so entitled
have not received such donation : Each county 117. Sec. VII. Be it enacted, &c. That each and every county in academy al
this state which has not received such donation, the commissioners of complete its the public academy of such county (or their agents to be by them leone thousand gally appointed) be at liberty to purchase at any sales of contiscated pounds.
property intended by this act, the sum of one thousand pounds : Provided, that in cases where such county has received any part or portion of such donation, that such sum so received shall be deducted, and the purchase shall be admitted only for the balance.
And whereas the general assembly did, by their joint resolution of the 14th day of December, 1791, declare that all original purchasers of confiscated property, or their heirs, executors, or administrators, may, within three months after the date of such resolution, signify to the treasurer how they wish the moneys so paid in by them to be applied, whether in discharge of the principal or interest bond,
which resolutions require the further sense of the legislature : Resolution 118. Sec. VIII. Be it enacted, That no transfer of payment shall explained, as to low pay.
be had or admitted from the principal bond to the interest, in any case be applied.
wherein the purchaser or purchasers, or their representatives, had made sale of such property, but that payments made on the principal bond in such cases shall be considered as payment thereon only, and that the said resolutions did not extend to the injury of fair purchasers under the state title, but only as a relief to persons holding their purchases in their own right.
Sec. IX. Local.
And whereas there are debts due by citizens of this state to persons named in the act of confiscation and banishment aforementioned, which by the said act became the property of the state, but no mode was therein pointed out for their discharge :
119. Sec. X. Be it enacted, &c. That the citizens so indebted to
persons named as aforesaid, shall be at liberty, for and during the term confiscated, of one year from and after the passing of this act, to pay the same
into the public treasury of the state, in any paper emission or public the treasury securities thereof (except O'Bryan and Wade's, or Seth John Cuth
bert's certificates ;) and the treasurer is hereby authorized to receive payment.
the same on oath, and to grant a full acquittance or discharge therereceive die for ; and after that period, any person who was a citizen of the and grant
United States on the 11th day of July, 1782, to whom persons named discharges. in the act of confiscation were indebted, shall and may sue out and pro
Citizens in debted to perSons whose estates are
to pay the amount into
--wbat to be received in
Same on oath
* lo money or in land, at the option of the informer. Resolution of Dec. 1804. Vol. II. 679, and see sec. 133.
+ And see Acts of 1820), p. 68.
secute his or her attachment against the person or persons so named Regulations in the said act, and thereby attach the goods and chattels of such con
for attachfiscated and banished person, which belonged to him or them, on the agninst peraforesaid 11th day of July, 1782, in the hands of any person or per- act et confissons whomsoever, in like manner as attachments now issue, and the person or persons to whom copies of the attachment may be served, shall be bound to appear and answer as is the customary mode in the courts of this state : Provided, that nothing herein contained shall be construed to extend to grant any power to attach real estate : And provided, that where personal property shall be so attached, twenty Twenty per per cent. shall be paid into the public treasury out of the amount of to be paid every attachment so issued and prosecuted to judgment : And provided also, that nothing herein contained shall extend to authorize an attach- stale. ment of any property that may have been disposed of by donation or sale by the public of the state.
into the trea
sury of the
An Act to amend the foregoing. This act passed December 20, 1793.
Vol. I. 100.
sales are to be.
120. Sec. I. In all cases where a foreclosure of any mortgage has Mortgnged been or shall be complete, wherein the governor for the time being, premises, on the part and behalf of this state, shall be plaintiff, and the equity beball of the of redemption shall thereupon be foreclosed, that the estate so mort- sold by the gaged shall be subject to a future sale on the following terms and conditions : that is to say, That the commissioners hereby appointed, having given a full and perfect description of such property as may be in the respective counties, shall, immediately after being notified in writing, by the attorney or solicitor general, that the proceedings on the bill of foreclosure are ended, and that the defendant or defendants are by law precluded of the right of redemption of the premises, advertise the same for sale in both the gazettes of Savannah and Augusta, at least three months before the day of sale, which sales shall be at Savannah Where the and Augusta :* (Here follows a passage transcribed from the former act-see 111 within the brackets.] Provided nevertheless, that no- Terms of thing herein contained shall tend to prevent any purchaser or purchasers from paying immediately the whole amount of his, her, or their purchase money, or any part or parcel thereof, at any time or times before the same shall become due.
Sec. II. [The same as sec. 112, 113, and 114, using the word “Commissioners” instead of “ Sheriffs.”']
121. Sec. III. The purchaser shall pay two and one half per cent. The purclaain specie on all purchases made under this act, from which payinent academies) the commissioners shall or may deduct their commission of one per centum, which shall be in full compensation for making out and exe- per cent in cuting titles, and for all charges, expenses, and services so required, which the and the balance of such specie payment the commissioners shall pay
cominissioninto the treasury within three months after the day of sale : Provided paid, and tlie nezeriheless, that this clause shall not extend to affect lands purchased paid into the under and by virtue of this act for academy uses.
Sec. IV. (Local.]
122. Sec. V. Three fit and discreet persons shall be appointed three com. commissioners to carry this act into effect, one of whom shall reside
mission rs to
be aprointed. in each of the several divisions of this state, which divisions agreeable to the militia law thereof.
to pay two and a half
ers are to be
treasury in 3 months.
* But see sec. 129.