A. D. 1785. respect to lands in the other districts; and that the same allowance of land be given to the cavalry as was given to the infantry of this State. Fees of officers. Caveats deter minable, and proceedings thereon. Oath of the commissioners. A court of ca veats to be held monthly. VI. And whereas, doubts have arisen concerning the fees allowed to officers, upon the opening of the land office, Be it therefore enacted by the authority aforesaid, That it is not lawful for any other fee to be taken than such as are inserted in the Act entitled "An Act for establishing the mode and conditions of surveying and granting vacant lands within this State;" any law, usage or custom to the contrary thereof in any wise notwithstanding. VII. And be it further enacted by the authority aforesaid, That caveats shall be determinable by the Governor and any two or more of the privy council; that witnesses being required, by summons from the clerk of the privy council by order of the Governor, to attend on the hearing of caveats, shall attend accordingly, under the same penalties, and be entitled to the same allowance for their attendance, as witnesses in the court of common pleas; the said penalties and allowance to be recoverable in a summary way, before a magistrate: and that the expense of the attendance of witnesses be paid by such of the parties as the Governor and any two or more of the privy council in their discretion shall think fit; provided, that three commissioners for hearing caveats for lands, in each of the respective circuit court districts, shall be elected by ballot of the Senate and House of Representatives; that caveats for lands within the said districts shall be heard by the said commissioners respectively, or any two of them; and which said commissioners are hereby authorised and impowered finally to determine upon the said caveats; and before entering on their said offices, the said commissioners shall take the following oath, before some one justice of the quorum, to wit: "I, A B, do swear (or affirm) that I will faithfully and impartially execute the office of justice of the court of caveats: So help me God." And the said commissioners shall hold a court of caveats on the first Tuesday in every month, in some convenient part within the district, at which time and place they shall cite the parties, with their witnesses, to appear; and in case of the non-attendance of either party, or the want of evidence, the cause shall be postponed for three successive hearings, and the same shall be determined at the third court after such citation hath been issued; and the said commissioners shall hear the parties, by themselves or by their attornies; and when the case is finally determined, the commissioners shall certify the same to the Governor or Commander-in-chief for the time being, who shall sign the grant accordingly; and the said commissioners shall be entitled to receive a fee of nine shillings and four pence, and which fee shall be divided among them, for their determination on each caveat, to be paid by the person who shall be cast. VIII. Whereas, disputes have arisen with respect to the boundaries of District lines. the Ninety-Six districts, Be it enacted by the authority aforesaid, That 'from and immediately after the passing of this Act, the south branch of Saludy river shall be deemed and taken as the division line between the said districts. of land. IX. And be it further enacted by the authority aforesaid, That the comCommissioners missioners of the treasury shall sell and dispose of, upon a credit of one to sell two lots year, at public auction, after two months notice in the State Gazette of such sale, for treasury indents, two thousand nine hundred and eleven acres of land which by an Act of the General Assembly entitled “An Act for vesting six hundred acres of land whereon the iron works of Joseph Buffington are, in the treasurers of this State, for and upon certain uses and trusts, and also for vesting another parcel of land in the said treasu rers for the use of this State," were vested in the commissioners of the A. D. 1785. treasury, in trust, and to and for the use of this State; and that the said treasurers shall be, and they are hereby, authorised and empowered to convey the said two thousand nine hundred and eleven acres of land to the purchaser thereof, in fee simple. In the Senate House, the twenty-fourth day of March, in the year of our Lord one thousand seven hundred and eighty-five, and in the ninth year of the Independence of the United States of America. JOHN LLOYD, President of the Senate. JOHN FAUCHEREAUD GRIMKE, Speaker of the House of Representatives. AN АСТ то ALTER AND AMEND AN ACT ENTITLED "An Act for No. 1292. establishing the mode and conditions of surveying and granting the Vacant Lands within this State," AND ANOTHER ACT, ENTITLED 66 An Act to alter and amend an Act entitled an Act for establishing the mode and conditions of surveying and granting the Vacant Lands within this State, and for other purposes therein mentioned." WHEREAS, an Act of the General Assembly entitled "An Act for establishing the mode and conditions of surveying and granting the vacant lands within this State," and an Act entitled "An Act to alter and amend an Act entitled An Act for establishing the mode and conditions of surveying and granting the vacant lands within this State, and for other purposes therein mentioned," require alteration and amendment; Preamble. clauses of an 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 Repeal of three same, That the tenth, eleventh and fifteenth clauses of the Act first above Act. mentioned shall be, and they are hereby, repealed. Il. And whereas, by the Act last above mentioned, it is enacted, in the words following, viz: "that no grant for land shall in future be presented Another clause by the Secretary to the Governor, to be signed, until the grantee, or some repealed. person in his behalf, shall have produced to the secretary (who shall file and keep the same in his office) a certificate from one of the treasurers that the purchase money for the said land has been paid, or a certificate from the auditor general that the person in whose behalf application is made for the said grant has an account in the auditor's office not passed, equal to the amount of the purchase money of the said land;" Be it enacted by the authority aforesaid, That so much of the said Act as is above recited, shall be, and the same is hereby, repealed. on lands granted. III. And whereas, several persons to whom lands have been granted, have not as yet obtained indents from the treasury to pay for such land, "Time allowed although some of them have accounts in the auditor's office not passed, for payment and others have accounts passed by the auditor, and lying in the treasury, equal to the amount of the purchase money for the said land, and it is reasonable to allow a further time to the said grantees to pay for the said land; Be it therefore enacted by the authority aforesaid, That no land which has been granted since the passing the Act first above mentioned, shall be sold A. D. 1785. by the treasurers for non-payment of the purchase money of such land, until the first day of June next; any thing in the Act last above mentioned to the contrary hereof in any wise notwithstanding. six months. IV. And be it further enacted by the authority aforesaid, That a person A grant of surveyed land to making a survey of land shall be allowed six months from the time of be obtained in making such survey to obtain a grant for the said land; and in default of obtaining a grant within that time, any person may, at the expiration thereof, apply for and shall obtain a grant for the said land, on paying for it; and any grant obtained for land within six months from the time of its being surveyed, (except by the person for whom it was surveyed,) shall be ipso facto null and void. In the Senate House, the twelfth day of October, in the year of our Lord one thousand JOHN LLOYD, President of the Senate. No. 1293. AN ACT FOR REGULATING SALES UNDER EXECUTIONS; AND FOR OTHER Preamble. before the PURPOSES THEREIN MENTIONED. WHEREAS, on account of disappointments arising from the failure of crops, and from the exportation of specie, lately circulating within this State, which is the cause of the want of a sufficient circulating medium, many citizens of this State are threatened with total ruin, by having their property seized for debt, and sold very considerably below its real value; in order, therefore, to afford relief to such debtors, without injuring their creditors, I. Be it enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and it is hereby enAppraisers to acted by the authority of the same, That before any lands, tenements, be appointed goods, chattels, or other estates, or property whatsoever, which now are, goods are sold. or hereafter shall be, seized or levied upon by virtue of any decree, execution, or process, issuing from any court or magistrate within this State, shall be exposed to sale, the defendant, either in person or by his attorney, shall, and he is hereby authorized and empowerered to, appoint some one freeholder, who shall be a citizen of this State, and residing in the county or parish where the property lies, as his appraiser, and the plaintiff, in like manner, is directed to appoint a freeholder, who shall also be a citizen of this State, and residing in the county or parish where the property lies, as appraiser in his behalf; and in case either party, or both, shall neglect or refuse to make such appointment, then any neighboring magistrate, on application of the levying officer, is hereby authorized and required to appoint such appraiser or appraisers, as the case may be; which two appraisers shall choose a third, who shall also be a citizen of this State, and residing in the county or parish where the property lies; and in case of their neglect or disagreement in choosing such third person, then any neighboring magistrate, on the application of the levying officer, shall appoint such third person, qualified as aforesaid; and the levying officer Magistrate to appoint ap praisers when the parties refuse. Property ap on a credit of shall show the appraisers so chosen the property by him seized, and shall A.D. 1785. administer to them the following oath or affirmation: "I, A B, do solemnly swear (or affirm, as the case may be) in the presence of Almighty Oath. God, that I will justly appraise the property now produced or sohwn to me, and fix such valuation thereon as I shall think fair and equitable, if the same were sold on a credit of six months, according to the best of my skill and understanding. So help me God." And the appraisers so sworn shall proceed to value and appraise the said property, estimating the same as if sold on a credit of six months, and shall give, under their hands and seals, two copies of their appraisement, one copy to be delivered to the plaintiff, and the other to the defendant; and in case no appraiser shall appear in behalf of the defendant, or, having appeared, shall neglect or refuse to praised, conmake the appraisement as by this Act is directed, within thirty days sidered as sold after the property shall have been taken by the levying officer, (pro- six months. vided the defendant lives in the district where such property has been seized, and within ninety days, if the defendant shall not reside in Proviso. the district,) such levying officer shall be authorized to proceed to the sale of the property in like manner as if this Act had not passed: provided, nevertheless, that in order to prevent, as much as may be, law suits, at this time of public distress, no creditor shall bring any action for debt in any court or before any magistrate in this State, before he makes application in writing from himself to his debtor for payment, and if the debtor, on such application, shall tender property as payment of the said debt so demanded, agreeable to the terms and conditions above prescribed in this Act, and which tender the creditor should refuse to accept, and afterwards brings his action for the recovery of the same, then, and in such case, on judgment being obtained by the creditor, the plaintiff in the action. shall be obliged to accept the property, to be appraised as before prescribed, at its full valuation. be sold for less value. II. And be it further enacted by the authority aforesaid, That every such levying officer shall, after such appraisement, and giving the usual notice, No property to expose to sale the property so levied on, but shall not sell or dispose of the than threesame for less than three-fourths of the appraised value thereof; and if fourths of its such property will not sell for so much as three-fourths of such appraised appraised value, then the plaintiff shall have it in his option to take the said property, except as before excepted, at three-fourths of the said appraised value thereof, or to refuse the same; which property, if accepted by the plaintiff, shall be a discharge of the debt or demand, or so mnch thereof as the said three-fourths of the value shall amount to; but in case the said threefourths of the value shall exceed the demand of the plaiutiff, he shall, on taking possession of the property, give bond with good and sufficient. security to the defendant, to pay the difference within six months thereafter. may be tender III. And be it further enacted by the authority aforesaid, That all and every person against whom any suit or action for debt is or shall be com- Real and personal property menced, he, she, or they is and are hereby authorized and empowered, at any period or stage of such suit or action, to tender to the plaintiff such ed to the part of his property, real or personal, as he shall think proper : provided, plaintifi. that three-fourths of the value thereof shall, on apparisement to be made as above directed in case of execution, be sufficient to discharge the debt and costs in such action; and the plaintiff shall thereupon order the property to be delivered to the sheriff of the district or county where the property shall be, and the defendant shall cause the same to be delivered to the plaintiff, who shall proceed to have the same appraised and sold in the same manner as is above directed in case of goods seized under execution; but in case any debtor shall neglect or refuse to deliver such pro Proviso. A. D. 1785. Unlawful sales perty as shall, at three-fourths of its value, to be appraised as above, be sufficient to discharge the debt and costs, then the suit or action shall be continued. IV. And be it further enacted by the authority aforesaid, That all and null and void. every sale, by virtue of any decree or execution, which shall not be made and conducted according to the directions in this Act contained, shall be null and void to all intents and purposes: provided, that nothing herein contained shall extend to prevent the collectors of taxes or duties from proceeding to collect the same as they are by law directed. Proviso. Exceptions to the operation of this law. No imprison ment on mesne process, &c. Proviso. Limitation. V. And be it further enacted by the authority aforesaid, That the operation of this law shall not extend to prevent the recovery of any money that one person may or shall have received for the use of another, or for property sold at vendue, or otherwise for ready money. VI. And be it further enacted by the authority aforesaid, That no person whatsoever shall be thrown into gaol on mesne process, or writ of capias ad satisfaciendum, nor shall any debtor, now confined in gaol under either of the aforesaid processes, be detained therein: provided such debtor shall be willing to subject his property to the regulations in this Act contained, or upon a deficiency of such property to satisfy such executions, shall assign over, upon oath, the specialities and book debts due to him, or a sufficiency thereof to discharge such executions. VII. And be it further enacted by the authority aforesaid, That this Act shall continue and be in force until the end of the next session of the General Assembly, and no longer. In the Senate House, the twelfth day of October, in the year of our Lord one thousand JOHN LLOYD, President of the Senate. No. 1294. AN ACT TO ESTABLISH A MEDIUM OF CIRCULATION BY WAY OF LOAN, AND TO SECURE ITS CREDIT AND UTILITY. Preamble. WHEREAS, the citizens of this State are reduced to great and general distress by the scarcity of money to answer the calls of internal trade; and therefore to afford a speedy and effectual relief to the general calamity, by introducing a paper medium of circulation upon solid foundatious, I. Be it enacted, by the honorable the Senate and House of RepresenCommissioners tatives, now met and sitting in General Assembly, and by the authority of to issue paper the same, That as soon as may be after the passing this Act, the commissioners, to be appointed as this Act directs, shall cause to be struck off in manner and form hereinafter prescribed, one hundred thousand pounds in paper bills, of the form hereafter following, and guarded with such devices, and upon such paper, as shall in the opinion of the said commissioners afford the greatest possible security against counterfeits. money. Form of the bills. The form of the bills: This bill of shall pass in payment to the treasury of this State in discharge of all debts, duties, and taxes payable thereto, in cold or |