tinuance or non-suit, the person or persons so sued shall recover treble In the Senate House, the twenty-sixth day of February, 1782. The lists appended to this Act are omitted by the present editor. AN ACT for the regulation of the Militia. A. D. 1782. No. 1154. AN ACT FOR AMERCING CERTAIN PERSONS THEREIN MENTIONED. WHEREAS, many persons, inhabitants of, and owing allegiance to, this State, (some bearing high and important trusts or commissions,) have withdrawn themselves from the defence thereof, accepted protection from the officers commanding his Britannic Majesty's forces, now carrying on a cruel and destructive war within this State, and are either within the lines of the enemy, or have omitted to surrender and enrol themselves and perform the duties to their country pointed out and required by the proclamation of his excellency the Governor, dated the twenty-seventh day of September last past, in utter neglect and contempt of the executive authority of the said State, and to the evil example of society. And whereas, there are others who, forgetting all the social ties of kindred, the feelings of humanity, and regardless of the duty and allegiance they had most solemnly sworn to their country, did actually subscribe and pay by themselves or agents, considerable sums of money towards mounting and equipping a troop or troops of cavalry, or other military force, for the service of his Britannic Majesty, to act against their fellow-citizens, and the independence and freedom of this State; and whereas, it is but just and reasonable that the estates of such persons, both real and personal, should be amerced, and that a due discrimination should be made : No. 1155. Preamble. estates. I. Be it therefore enacted, by the honorable the Senate and the House of Representatives, in General Assembly met, and by the authority of Amercing of the same, That the commissioners appointed for carrying into execution an Act entitled "An Act for disposing of certain estates, and banishing certain persons therein named," shall, within four months after the passing of this Act, or as soon as may be thereafter, cause a full and true inventory and account to be taken of all such real and personal estates of the persons mentioned in the list or schedule hereunto annexed, as they can come at, or gain the possession of, and cause the same to be appraised on oath by three freeholders, to be appointed by the said commissioners, or a majority of them; and levy and take thereout the amercement hereinafter mentioned, as near as may be, that is to say, twelve per cent. on the A. D. 1782. Commissioners to sell estates. true and equitable value of all such estate of the persons mentioned in the said list or schedule, for the use and service of this State. II. And be it further enacted by the authority aforesaid, That the said commissioners shall in like manner cause an inventory and appraisement to be made and taken of the real and personal estates of all such persons, late inhabitants of, and owing allegiance to, this State, as it shall manifestly appear, that is to say, by confession of such person, or by the oath of any one or more credible witnesses to be taken and sworn before any judge or justice in any court of record in this State, have directly or indirectly by themselves or agents, subscribed or paid any sum or sums of money towards mounting, arming, or equipping, any troop or troops of cavalry, or other military force, for the service of his Britanic Majesty, to act against this State, or against any other of the United States of America; and shall cause to be taken and levied thirty per cent. on the real and equitable value of such estate, for the use and service of this State. III. And be it further enacted by the authority aforesaid, That the said commissioners shall have full power and authority, where it may be necessary, to sell at public sale, after a notice of six weeks, and convey to such persons as are willing to become purchasers of the same, any part or parts to have power of the estates, real and personal, directed to be appraised and valued by virtue of this Act, as shall be sufficient to make up the amount of the amercement on such real and equitable value of the said real and personal estates respectively; and give such reasonable credit to the purchaser or purchasers, who shall give bond and approved security, payable with interest, as they may find necessary, not exceeding three years for the said real estate, and not exceeding two years for the said personal estate; and shall make out and deliver to the commissioners of the treasury of this State fair copies of all such inventories and appraisements, and also an account sales of such real and personal estates, and also all such moneys, or bonds and securities for moneys, that they may receive for the same, at least once in every three months after such appraisements and sales shall take place respectively. IV. And be it further enacted by the authority aforesaid, That all such estates, real and personal, as the said several persons mentioned in the said Property held list or schedule hereunto annexed, or who now are, or may become sub27th Sep. 1781, liable. 'jects of this Act, were possessed of, or entitled to, on the twenty-seventh day of September last past, shall be held and taken by the said commissioners to be still the property of such persons respectively, so as to warrant and entitle such commissioners to levy and take the said several and respective amercements directed to be made and levied by virtue of this Act; and that the same pains and penalties shall be extended, and be construed to extend, to all such persons who shall embezzle, conceal, or remove, or Penalty for em- attempt to embezzle, conceal, or remove, any part or parcel of such estates, bezzling. real and personal, respectively directed to be amerced by virtue of this Act, as are extended to such persons as may embezzle, conceal, or remove, or attempt to embezzle, conceal, or remove, any part or parts of the estates, real or personal, confiscated and taken under and by virtue of an Act for disposing of certain estates and banishing certain persons therein mentioned. V. And be it further enacted by the authority aforesaid, That the several amercements and levies to be made by the said commissioners, and the survivors of them, by virtue of this Act, shall be, and they are hereby declared to be, fully and absolutely vested in the said commissioners, and the survivors and survivor of them, and the executors and anministrators of such survivor, subject to the same uses and trust as the several estates confiscated and disposed of by the said recited Act; and shall be, and are Disposal of amercements. hereby directed to be, applied to the several uses and services appointed A. D. 1782. and directed by the same; and the said commissioners shall be allowed one-half per cent. on the sums levied by virtue of this Act. ers. VI. And be it further enacted by the authority aforesaid, That this State will warrant and defend to the purchaser or purchasers, their representa- State will de tives or assigns, for such term or time as the same may be sold for, all such fend purchas. real and personal estates levied and taken by virtue of this Act, as it may be necessary to sell and dispose of under the uses and trusts declared of and concerning property confiscated and seized under and by virtue of the said recited Act. VII. And be it further enacted by the authority aforesaid, That this shall be considered as a public Act, and judicially taken and received as Lawful to such; and that if the said commissioners, or any of them, or any person eral issue. plead the gen. acting under their authority, shall be sued or impleaded for any thing done by virtue hereof, it shall and may be lawful for all such persons to plead the general issue, and give the special matter and this Act in evidence on any trial to be had; and that if the plaintiff shall suffer a verdict against him, or discontinue his suit, or in any other manner become nonsuit, that in either of the said recited cases the defendant shall recover treble costs, to be taxed by the court against such plaintiff or plaintiffs. In the Senate House, the 26th day of February, 1782. JOHN LEWIS GERVAIS, President of the Senate. AN ACT FOR FURNISHING SUPPLIES TO THE ARMY, TO THE VALUE OF No. 1156. 373,598 MEXICAN DOLLARS, BEING THE QUOTA ASSIGNED TO THIS STATE OF THE CONTINENTAL ESTIMATE FOR THE PRESENT YEAR. WHEREAS, the honorable the Congress of the United States have assigned three hundred and seventy-three thousand five hundred and ninety-eight Mexican dollars, as the quota of this State, of eight millions of dollars, being the amount of the Continental estimate for the year one thousand seven hundred and eighty-two; and, in consideration of the present scarcity of specie in this State, the superintendent of finances hath proposed that supplies for the army should be furnished, instead of money, to that amount; Preamble. I. Be it therefore enacted, by the honorable the Senate and House of Representatives, met in General Assembly, and by the authority of the the said sum to same, That the faith of this State shall be, and is hereby, pledged for pro- be furnished in curing and furnishing supplies to the army, in the course of the present supplies for the year, to the value of the said sum, including what have been furnished army. since the first day of January last. II. And be it further enacted by the authority aforesaid, That a suffic ient number of fit and proper persons shall be, from time to time, appoint- Commissioners ed, by the Governor and Commander-in-chief, with the advice and consent to be appointof the Privy Council, in different parts of the State, as agents or commis- ed. sioners to procure those supplies. A. D. 1782. Duty of the III. And be it further enacted by the authority aforesaid, That no other persons than those who shall be appointed by the Governor for that purpose, as aforesaid, shall be allowed or permitted to procure supplies for cominissioners. the army; and that the said commissioners shall obtain those supplies on such terms as may be reasonable between the public and individuals, and in the manner most equal and least burdensome to the people. their transac IV. And be it further enacted by the authority aforesaid, That the said To keep a reg- commissioners shall keep a regular account of the supplies by them proular account of cured and furnished to the army; that they shall give the persons, from tions, give cer- whom the said supplies shall be obtained, certificates, specifying the tificates, &c. quantity and price of the said articles; that the said commissioners shall deliver the said supplies to the proper officers in the staff department, taking their receipts for the same, and make monthly returns of their accounts and transactions, to the Governor and Commander-in-chief. Governor for supplies fur nished. V. And be it further enacted by the authority aforesaid, That if any perVouchers to be sons who have furnished supplies to the army since the first day of Januproduced to the ary last, shall produce sufficient vouchers for such supplies, to the Governor and Commander-in-chief, within three months next after the passing of this Act, he shall and may, with the advice and consent of the Privy Council, order the commissioners for the parish or district in which such persons reside, to receive from them the certificates or receipts which they may have for such supplies from the proper officer in the staff department, and give such persons, in lieu thereof, a certificate for the value of the said supplies. of monies re of estates. VI. And be it further enacted by the authority aforesaid, That the money Appropriation and securities for money which may be obtained from sale of such estates ceived from sale as are confiscated, and shall be sold by virtue of an Act entitled "An Act for disposing of certain estates, and banishing certain persons therein mentioned," shall be, and the same are hereby pledged as a fund for redeeming and sinking the said certificates, or the notes which may be issued by the receiver of the Continental taxes in this State, for procuring the said supplies. VII. And be it further enacted by the authority aforesaid, That the Salaries of per- Governor and Commander-in-chief, with the advice of the Privy Council, sons employed. be, and he is hereby, empowered to give such a salary as may be thought requisite for the services of such persons who shall be employed by virtue of this Act. In the Senate House, the 26th day of February, 1782. JOHN LEWIS GERVAIS, President of the Senate. HUGH RUTLEDGE, Speaker of the House of Representatives. No. 1157. AN ACT FOR PARDONING THE PERSONS THEREIN described, on tHE CON Preamble. DITIONS THEREIN MENTIONED. WHEREAS, many persons, inhabitants of and owing allegiance to this State, some of them having signed congratulatory addresses to Sir Henry Clinton and Mariott Arbuthnot, Esq., and to the Earl Cornwallis, on the success of his Britannic Majesty's arms in this country, and others having borne commissions under the British government, are excepted by the Governor's proclamation, bearing date on or about the twenty- A.D. 1782. seventh day of September last, from pardon for those offences; and whereas, some of the said persons have surrendered to the justice and submitted themselves to the mercy of their country; and whereas, many persons who would have been entitled to the benefits of the said proclamation had they returned to their allegiance before the expiration of the time limited for the same, did neglect to surrender themselves, but have, since the seventeenth day of December, withdrawn from the enemy and borne arms in defence of this State; and the Legislature, moved with compassion, are willing to grant them pardon on conditions which may in some degree atone for those offences ; the benefit of all their prop I. Be it therefore enacted, by the honorable the Senate and the House of Representatives, in General Assembly met, and by the authority of the same, That each of the said persons shall, on or before the first day of Persons taking May next, render a just and true account, on oath, of all and singular his this Act, to give estate, real and personal, (including the debts due or owing to him,) to the in an account of commissioners appointed for carrying into execution the Act entitled "An erty to the Act for disposing of certain estates, and banishing certain persons therein commissioners. mentioned;" and that the said commissioners shall cause the said estates to be valued by three indifferent freeholders, on oath; and in case the said persons shall not make such a return of their estates, within the time abovementioned, the said commissioners shall estimate the value of the estates of such of those persons as shall fail to make such return, according to the best of their judgment and the information they can obtain touching the same, and shall cause written or printed notice of such valuation to be given and set up at the seat of government, for twenty-one days; and that the said persons shall, within four months next after the passing of this Act, respectively, pay to the said commissioners, or give satisfactory security for payment to the treasurers, for the use of this State, And pay ten within six months, of ten per cent. on the said valuation of their estates, per cent. on the or deliver to the said commissioners such a number of slaves as shall, by appraisement, on oath, of three freeholders, to be appointed by the said commissioners, be adjudged equal in value to the said valuation of ten per cent. on the said estates; and that the said slaves shall be vested in the said commissioners, in trust for this State, and be disposed of by them in such manner, on such terms and conditions, and for such uses and purposes, as are directed by the Act abovementioned. value of the same. fusal to make II. And be it further enacted by the authority aforesaid, That on any of the said persons failing to pay such valuation, give security for the same, Neglect or reor deliver the said slaves, as aforesaid, the said commissioners, or a major- such returns. ity of them, shall forthwith cause so much of the said person's estates, either real or personal, as will be sufficient to raise the said sum, to be sold, in the manner, on the terms and conditions, and for the uses aforesaid. militia to fur III. And be it further enacted by the authority aforesaid, That the several brigadiers of militia shall, within two months next after the passing of Brigadiers of this Act, transmit to the Governor and Commander-in-chief the names of nish lists of the all such persons as are the objects of this Act, to the end that they may persons entitransmit the same to the said commissioners, that they may thereby be in-efit of this Act. formed what persons come under the description of this Act. tled to the ben IV. And be it further enacted by the authority aforesaid, That this State will warrant and for ever defend such estates and property as shall be sold Titles to the by virtue of this Act, to the purchasers thereof, their heirs, executors, ad- estates sold, ministrators and assigns, respectively, for the term for which the said estates shall be sold. warranted. |