every allegiance and other duty which was due from the good people of America on the said 19th day of April, which was in the year of our Lord 1775, 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 traitorously avoid the same, and led away by their wicked devices, did contumaciously aid, abet, assist, and comfort the troops and vessels of the said Britannic 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 19th 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.

tainted and

state.

1. Sec. I. Be it enacted, &c. That Sir James Wright, John Gra- Persons atham, Henry Younge, jr. William Moss, Robert Smith, James Hume, adjudged William John Younge, Charles William McKennen, George Barry, guilty of high treason Alexander Wylly, William Johnson, John Leghtenstone, John Mull- against the ryne, Josiah Tatnall, William McGillevray, John Joacim Zubly, George Kinkaid, John Hume, Joseph Farley, Robert Reid, Thomas Reid, John Bond Randell, Henry Young, sen'r. Philip Younge, James Robertson, James Brown, (schoolmaster,) David Johnston, Alexander McGoun, William Simes, John Ingles, Peter Dean, Thomas Johnston, George Borland, James Johnston, James Downey, William Trentfield, George McCaully, John Jameson, Andrew Hewitt, George Baillie, George Webb, John Love (of Effingham county,) Joseph Johnson, John Johnson, George Wilds, William Love, Charles Hall, James Moore, Samuel Moore, John Hubbard, Matthew Marshall, Joseph Marshall, Thomas Brown, (late of the ceded lands,) Thomas Scott, (late of the ponds on Ogeechee, Wilkes county,) William Frazer, Timothy Hollingsworth, Valentine Hollingsworth, William McDonald, John McDonald, John McDonald, (tailor,) William Ross, (late of Saint Andrew's parish,) Daniel McLeod, Alexander Baillie, Alexander McDonald, David Ross, Daniel McDonald, Roderick McIntosh, Angus Bacon, Thomas Young, Simon Munro, Simon Patterson, William Lyford, Robert Baillie, James Kitching, Roger Kelsall, James Spalding, Robert Porteous, Alexander Creighton, Robert Moodie, William Clark, (late of Saint Andrew's parish,) James Chapman, Charles Watts, William Bosomworth, Sampson Williams, Garret Vinsant, George Vinsant, Daniel McGarth, James McGarth, George Proctor, James Shaveis, John Spicer, John Martin, of Jekyl Island, John Frost, William Frost, Cornelius Dunn, John Dunn, John Pettinger, Robert Abrams, (hatter,) Joseph Rains, (late of the parish of Saint David,) Basil Cowper, jr. Thomas Stringer, John Hopkins, (pilot,) William Oldes, William Colville, (pilot,) John Murray, Anthony Stokes, John Wood, (late of Savannah, merchant,) James Edward Powell, Jermyn Wright, Charles Wright, Thomas Eatton, James Taylor, (merchant,) George Finch, Philip Moore, William Panton, John Simpson, (Sabine fields,) Charles McCullock, late of Savannah, be attainted and adjudged guilty of high treason,

Any of the

said persons

to

returning the state, or

being taken

be imprison

against this state, and they are hereby attainted and adjudged guilty of the same accordingly.

2. Sec. II. 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 in arms, shall 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, to receive sentence, and judgment of death, and shall suffer accordingly.

ed, and tried son, and

for high trea

fer death on

conviction.

All property.

personal, of

sons forfeited

ment.

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.

3. Sec. III. Be it therefore enacted, &c. That all and every the both real and lands and heritages, debts, or sums of money, and goods and chattels, attainted per- whatsoever, and generally the goods, chattels, and effects, heritable and vested in and moveable, real and personal, of what nature or kind soever they the govern- be, within this state, whereof any person or persons, who, since the said 19th day of April, which was in the year of our Lord 1775, is or are hereby attainted and judged 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 19th day of April, in the year of our Lord 1775, within this state or elsewhere, was, were, or shall have been seized, or possessed of, or interested in, or entitled unto, on the said 19th day of April, in the year of our Lord 1775, 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 entitled 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 19th day of April, in the year of our Lord 1775, 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 mean time the fents, issues, and profits thereof, may be recovered and brought in, for the use of, and to defray the grievous and heavy expenses accrued in defending this state against the attacks of its cruel invaders; and

ed in each

county to dis

certain the

traitors.

more to exer

powers given

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. 4. Sec. V. Be it therefore enacted, &c. That five persons be A board of ap- commission. pointed, by the ballot of this house, to act as a board of commission- ers establishers in each county within this state, except as herein is hereafter excepted: that is to say; for the county of Chatham, George Wal- cover and aston, Thomas Stone, John M'Clure, Edward Davis, and Ambrose estates of Wright; for the county of Effingham, John Postell, Henry Wood, Jacob Cronenberger, Joshua Pierce, and Archibald Patterson; for the county of Burke, John Thomas, Abraham Jones, Blasingham Harvey, Joseph Gretham, and William Livingston; for the county of Richmond, Robert Walton, Seth John Cuthbert, Benjamin Few, William Glasscock, and William Jackson; for the county of Wilkes, Solomon Nusum, jun. Richard Aycock, George Wells, Daniel Coleman, and Barnard Heard; for the counties of Liberty, Glynn, and Camden, Benjamin Baker, John Sandeford, Francis Brown, Moses Way, and William Peacock: And any three or more of such com- Any three or missioners in each county shall constitute a board, and shall exercise cise the the powers and duties by this act given and required; and each by this act board, so constituted and appointed as aforesaid, is hereby autho- Their duty. rized, empowered, and required to inquire 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 moneys 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 claim- such estates ing or pretending to claim any estate, right, title, or interest in, to, or their claims out of the said estates, hereby, or intended hereby to be vested in to the rethis state, or being, or pretending to be creditors of any of the said boards, to be persons hereby attainted and adjudged guilty of high treason, shall admitted or 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 inquired 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 accordingly; 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 inquire into and Attorney geexamine the said papers and testimonies, and to defend the right of under this the state, as well before the said boards as in any of the superior courts, against the same.

Creditors of

to exhibit

spective

rejected.

neral's duty

act.

ers to sit on

5. The respective boards so constituted and appointed as afore- Commissionsaid, shall, and may meet, act, and proceed, from time to time, with their own ad

empowered

to send for

persons, books, and

papers, and nister oaths.

may admi

journments; 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 inquiries 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 inquire 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 19th day of April, in the year of our Lord 1775, 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 19th day of Board may April, in the year 1775, or at any time afterwards: And in case any sons failing 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 every such case, 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, any wise indebted to, 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, withholding, neglecting, or refusing to pay the same to the said boards respectively;

commit per

to appear before them, on summons.

Any officer

failing to obey the

boards, sub

ject to a fine of fifty pounds.

Persons indebted, neglecting to discover the

6. Be it enacted, &c. 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

it.

T

board, within

this act, to

And also per

goods of such

days after the passing and publication of this act, shall forfeit double same to the the value of any such debt or debts, sum or sums of money, to be re- 60 days after covered by suit at law in the several counties respectively, to the use forfeit of this state as aforesaid; and all and every person or persons, who double was or were, hath or have been possessed of any personal goods or sons possesschattels of, or belonging to any such person or persons, attainted of ed of the high treason as aforesaid, when the same became forfeited, or after- tainted perwards, 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 chattels 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 chattels, to be recovered for the use of this state as aforesaid; and the said boards respectively are hereby autho- The board to rized and empowered to make any such settlements and agreements ments with touching any such debts or personal goods and chattels so as afore- persons so said to be discovered, as the said board 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 chattels, and so as the moneys 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 cause suits to be commenced for the recovery thereof.

And to the intent the debts, personal goods and chattels, hereinbefore or otherwise vested in this state, may be disposed of, and the amount and value thereof applied to the use of this state,

make settle

indebted.

duty of the

7. Be it further enacted, &c. That the said respective boards, as Power and soon as conveniently may be, use their utmost endeavours to secure board further all such debts, goods, or personal chattels, in such places, and in the defined. 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 chattels, 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 To sell all the are hereby authorized and required to cause the sheriff, or such other goods and person as they shall respectively appoint, in the respective counties, 30 days noafter all claims shall be liquidated and settled in the manner as is ney of this hereinafter directed in respect to real estates, to sell all and singular such goods and chattels, 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 chattels, and the several particulars then and there to be sold; at which time, the

chattels after

tice, for mo

state, and to

citizens of

this state

only.