CHAP. XVIII.

p. 110.]

An act to amend the act entitled An [Chan. Rev. act concerning escheats and forfeitures from British subjects.

Mode and

traverse of

droit.

I. WHEREAS some doubts have arisen respect- [See ante p. ing the construction of the act of assembly entitled 66.] "An act concerning escheats and forfeitures from British subjects," by which unnecessary delays may be occasioned, and the purposes of the said recited act altogether defeated; It is hereby declared and enacted by the General Assembly, That an office found for the rules of pro. commonwealth, and returned to the general court, shall ceeding on remain there but thirty days, to be computed from the office, and day of the return for the claim of any one. Where a monstrans de traverse hath been filed by a British subject, or other person for him, such traverse shall be withdrawn, and any British subject, or other person on his behalf, shall be heard before the general court, by a monstrans de droit, and any person, other than a British subject, on a traverse to the office or monstrans de droit. Where a monstrans de droit hath been filed by or in behalf of any British subject, the court shall direct an issue to be made up without delay, to try whether such claimant be a British subject within the meaning of the said recited act. Where a monstrans de droit hath been filed in the name of any person for, and in behalf of a British subject, or where a traverse to the office, or monstrans de droit, by any person other than a British subject, pretending a right to the estate, before replication made for the commonwealth, the party shall, in the first case, shew to the court probable reason why such British subject is not within the said recited act; and in the latter case give evidence of some title in him or her to the estate, or failing so to do, such traverse or monstrans de droit shall be quashed. No exception for that the proceedings of escheat and forfeiture were not instituted by the governour and coun cil, or by the commissioners of the tax, aided by the assessors within their several counties, or for want of form in the inquisition, shall at any time be admitted, and the trial of every issue shall be in the session at VOL. X.

U

which it is made up, on which the onus probandi shali lie on the person making claim to the estate. Where an estate is held by a citizen or citizens of this commonwealth, and a British subject or subjects as tenants in common, or joint tenants, the proportion to the whole estate of the interest of such citizen therein, shall be ascertained by the jury summoned to find the inquisition, who shall find an office as to the whole of the estate; and if it be for the commonwealth, such citizen or citizens may retain his or their interest in the estate, and only the interest of such British subject or subjects therein, be sold, or the whole of the estate sold, and the value of his or their interest paid to such citizen or citizens, at his or their option, to be made before the general court.

II. And be it farther enacted, That the general court, during their session in the month of December in the present year one thousand seven hundred and seventy nine, shall determine all matters brought before the general court at any time, by the operation of the said recited act: Provided, That they may, on good cause shewn, delay the discussion of the right in any case to the next term, and no longer. Where the certificate of the clerk of the general court, that no claim hath been made, or that being made, it hath been discussed for the commonwealth, shall come to the escheator, or in the Northern Neck to the sheriff of the county where the estate lies, he shall proceed to sell the estate, and shall retain the same compensation, and be subject to the same penalties and legal proceedings as if such sale had been within the time limited by the said recited act. All actual and bona fide sales made by All bona fide British subjects of their estates by deed duly executed tish subjects and recorded, before the passing of the said recited valid.-Col- act, shall be, and they are hereby confirmed. All sales made by collusion of the estates real or personal which come within the intent and meaning of this act, and be detected. according thereto, are subject to forfeiture under the said recited act, shall be, and the same are hereby declared to be void; and for discovery of any such collusive sales, it shall and may be lawful for the escheator or sheriff as the case may be, at the time of taking his inquest, to examine on oath, the party claiming such estate, and the general court afterwards, when it comes before them, shall have the same power.

sales by Bri

lusive sales declared

void; how to

and for what

causes ob

III. And be it farther enacted, That whenever the mortgagees of any estate shall be found to come with- Injunctions to inquisiin the purview of this act, as British subjects, and the tions of es. mortgaged premises are included within the inquisi- cheat, how tion; or where any citizen or citizens of this state may have an equitable interest in any estate as to which an tained. inquisition bath been found for the commonwealth, any one judge of the high court of chancery may award an injunction to stay the sale of such estate, unless the contract shall have been made since the passing of the before recited act, of which the escheator or sheriff shall take notice, until the said equitable claim shall be determined: And the said court of chancery shall, at their next session, proceed to hear and determine such equitable claims, in preference to all other matters whatsoever, and may either make the injunction perpetual, or take such other order therein as to them shall seem just; saving to the wives, widows, or childreu of British subjects residing within this state the benefit of exception to them extended by the said recited act; any thing in this act to the contrary notwithstanding.

IV. And whereas it hath been represented to this general assembly, that many persons natives of this state who are entitled to property therein, have at divers periods before and soon after the present war between Great Britain and America, removed themselves to some parts of the British dominions, or have been induced to go thither by their husbands, parents, or guardians.

V. Be it therefore enacted by the General Assembly, That all femes coverts, widows, and infants, natives of this state, now or lately resident in Great Britain, or other parts beyond the seas; all widows natives of this state, or widows of natives of this state, or infants the issue of natives of this state, and all other persons ei- Who are ex. ther natives of this state or who were actually married cepted out to natives of this state, and bona fide inhabitants there- of the forof for at least one year at any time within four years how relievanext before the commencement of hostilities, on the ble. nineteenth day of April one thousand seven hundred and seventy five, and who have left North America at any time before the passing of the act Declaring what shall be Treason, and have not been guilty of any overt act injurions to the rights or liberties of America; and

mer act; and

also all persons who left this state in their nonage, and have during their absence arrived to full age within four years last past; and also the barons of feme coverts natives of this state as aforesaid, as far as relates to any property which they held in right of such feme coverts, shall and they are hereby declared to be excepted out of the said recited act; provided they have already returned, or shall return to this commonwealth, and become citizens thereof within two years, to be computed in the case of infants from the time they arrive to the age of twenty one years, and in all other cases from the end of this present session of assembly: Provided also, That such claim be made before the general court, and that where before claim made a sale of such estate may have been, or notice sent by the clerk of the general court that no claim hath been made, that then the purchaser shall hold the estate free and exonerated from such claim, but the owner may assert his or her right to the money arising from the sale with the same force he or she might have done to the thing itself. So much of the before recited act as comes within the purview of and is inconsistent with this act, shall be and is hereby repealed.

[Chan. Rev. p. 111.]

CHAP. XIX.

An act to empower the judges of the general court to superintend and regulate the publick jail.

1. WHEREAS the act of assembly passed in the year one thousand seven hundred and seventy eight, entitled "An act to empower the governour and council to superintend and regulate the publick jail," has been found inconvenient by placing that business in the hands of the governour and council, and it is judged proper to put the direction of the said jail into the hands of the judges of the general court:

General

and make al,

Il. Be it therefore enacted, That from and after the end of this session of assembly, the judges of the gene- court shall ral court shall have the direction of the publick jail; have direcand they are hereby empowered and required, from tion of the time to time, to order and direct such allowance to be public jail, made for the maintenance of the prisoners confined lowances to there, and to fix what shall be paid to the keeper there- the keepers, of for his trouble, as the said judges, or a majority of them, shall think reasonable; and the said judges are hereby empowered to certify such allowance, from time to time, to the board of auditors, who are hereby directed to debit the same, and to give a warrant upon the treasurer for the payment thereof.

III. This act shall continue and be in force until the first day of January, one thousand seven hundred and eighty three, and no longer.

CHAP. XX,

An act to revive an act entitled An act to amend an act for preventing forestalling, regraling, engrossing, and publick vendues.

dues further

continued.

WHEREAS the act of assembly passed in the year Act to preone thousand seven hundred and seventy eight, enti- vent foretled." An act to amend an act for preventing, fore- stalling, regrating, enstalling, regrating, engrossing, and publick vendues," grossing & expired on the first day of November last, and it is public venexpedient and necessary that the same should be revived: Be it therefore enacted, That so much of the act entitled "An act to amend an act for preventing forestalling, regrating, engrossing, and publick vendues," so far as it relates to forestalling, regrating, and engrossing, be revived, and shall continue and be in force from and after the passing of this act, for and during the term of one year, and from thence to the end of the next session of assembly.