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CHAP. XIV.

[Chan. Rev. An act concerning escheats and forfeitures from British subjects.

p. 98.]

Preamble.

also 2 Rev.

1. WHEREAS during the connection which subsisted between the now United States of America and the other parts of the British empire, and their subjection to one common prince, the inhabitants of ei[See vol. 9, ther part had all the rights of natural born subjects in p. 377.-See the other, and so might lawfully take and hold real Code of 1819 property, and transmit the same by descent to their heirs in fee simple, which could not be done by mere p. 484,486] aliens; and the inhabitants on each part had accordingly acquired real property in the other, and in like manner had acquired personal property, which by their common laws might be possessed by any other than an alien enemy and transmitted to executors and administrators; but when by the tyrannies of that prince, and the open hostilities committed by his armies and subjects inhabitants of the other parts of his dominions, on the good people of the said United States, they were obliged to wage war in defence of their rights, and finally to separate themselves from the rest of the British empire, to renounce all subjection to their common prince, and to become sovereign and independent states, the said inhabitants of the other parts of the British empire, became aliens and enemies to the said states; and as such incapable of holding the property, real or personal so acquired therein, and so much thereof as was within this commonwealth became by the laws vested in the commonwealth. Nevertheless the general assembly, though provoked by the example of their enemies to a departure from that generosity which so honourably distinguishes the civilized nations of the present age, yet desirous to conduct themselves with moderation and temper by an act passed at their session in the year 1777, took measures for preventing what had been the property of British subjects within this commonwealth from waste and destruction, by putting the same into the hands and under the management of commissioners appointed for that purpose, that so it might be in their power if rea

sonable, at a future day, to restore to the former proprietors the full value thereof.

in the com

II. And whereas it is found that the said property is British proliable to be lost, wasted, and impaired without greater perty vested attention in the officers of civil goverument, than is monwealth consistent with the discharge of their publick duties; by escheat & and that from the advanced price at which the same forfeiture, would now sell, it may be most for the benefit of the former owners, if the same should be restored to them hereafter, or to the publick if not so restored, that the sale thereof should take place at this time, and the proceeds be lodged in the publick treasury, subject to the future direction of the legislature: Be it therefore enacted by the General Assembly, That so much of the act before mentioned as may be supposed to have suspended the operation of the laws of escheat and forfeiture, shall be hereby repealed, and that all the property real and personal within this commonwealth, belonging at this time to any British subject, or which did belong to any British subject at the time such escheat or forfeiture may have taken place, shall be deemed to be vested in the commonwealth; the lands, slaves, and other real estate by way of escheat, and the personal estate by forfeiture. The govornour with Proceedings the advice of council so far as their information will ted. enable them, and the commissioners of the tax within their several counties aided by their assessors, shall forthwith institute proper proceedings of escheat and forfeiture for all such property real and personal, in which they shall be advised and assisted by the several attornies for the commonwealth. Where any office Office found in the cases before mentioned, shall be found for the for commoncommonwealth and returned to the general court, it wealth, vests shall remain there but one month for the claim of any absolutely. the property pretending right to the estate; and if within that time. no such claim be made, or being made, if it be found and discussed for the commonwealth, the title of the owner to such estate real or personal, shall be for ever barred, but may be afterwards asserted as to the money proceeding from the sale thereof, with equal But right to force and advantage as might have been to the thing money proitself; and such farther proceedings shall be had for sale of promaking sale of the right, title, claim, and interest, le- perty, may gal and equitable, of any British subject in and to the be afterfands so found, in parcels not greater than four hun- cd.

how institu

wards assert

CHAP. XIV.

[Chan. Rev. An act concerning escheats and forfeitures from British subjects.

p. 98.]

Preamble.

also 2 Rev.

1. WHEREAS during the connection which subsisted between the now United States of America and the other parts of the British empire, and their subjection to one common prince, the inhabitants of ei[See vol. 9, ther part had all the rights of natural born subjects in p. 377.-See the other, and so might lawfully take and hold real Code of 1819 property, and transmit the same by descent to their p. 484,486] heirs in fee simple, which could not be done by mere aliens; and the inhabitants on each part had accordingly acquired real property in the other, and in like manner had acquired personal property, which by their common laws might be possessed by any other than an alien enemy and transmitted to executors and administrators; but when by the tyrannies of that prince, and the open hostilities committed by his armies and subjects inhabitants of the other parts of his dominions, on the good people of the said United States, they were obliged to wage war in defence of their rights, and finally to separate themselves from the rest of the British empire, to renounce all subjection to their commou prince, and to become sovereign and independent states, the said inhabitants of the other parts of the British empire, became aliens and enemies to the said states; and as such incapable of holding the property, real or personal so acquired therein, and so much thereof as was within this commonwealth became by the laws vested in the commonwealth. Nevertheless the general assembly, though provoked by the example of their enemies to a departure from that generosity which so honourably distinguishes the civilized nations of the present age, yet desirous to conduct themselves with moderation and temper by an act passed at their session in the year 1777, took measures for preventing what had been the property of British subjects within this commonwealth from waste and destruction, by putting the same into the hands and under the management of commissioners appointed for that purpose, that so it might be in their power if rea

sonable, at a future day, to restore to the former proprietors the full value thereof.

in the com

II. And whereas it is found that the said property is British proliable to be lost, wasted, and impaired without greater perty vested attention in the officers of civil goverument, than is monwealth consistent with the discharge of their publick duties; by escheat ♣. and that from the advanced price at which the same forfeiture, would now sell, it may be most for the benefit of the former owners, if the same should be restored to them hereafter, or to the publick if not so restored, that the sale thereof should take place at this time, and the proceeds be lodged in the publick treasury, subject to the future direction of the legislature: Be it therefore enacted by the General Assembly, That so much of the act before mentioned as may be supposed to have suspended the operation of the laws of escheat and forfeiture, shall be hereby repealed, and that all the property real and personal within this commonwealth, belonging at this time to any British subject, or which did belong to any British subject at the time such escheat or forfeiture may have taken place, shall be deemed to be vested in the commonwealth; the lands, slaves, and other real estate by way of escheat, and the personal estate by forfeiture. The govornour with Proceedings the advice of council so far as their information will how institu enable them, and the commissioners of the tax within their several counties aided by their assessors, shall forthwith institute proper proceedings of escheat and forfeiture for all such property real and personal, in which they shall be advised and assisted by the seve

ted.

ral attornies for the commonwealth. Where any office Office found in the cases before mentioned, shall be found for the for commoncommonwealth and returned to the general court, it wealth, vests shall remain there but one month for the claim of any absolutely. pretending right to the estate; and if within that time no such claim be made, or being made, if it be found and discussed for the commonwealth, the title of the owner to such estate real or personal, shall be for ever barred, but may be afterwards asserted as to the money proceeding from the sale thereof, with equal force and advantage as might have been to the thing ceedingfrom itself; and such farther proceedings shall be had for making sale of the right, title, claim, and interest, legal and equitable, of any British subject in and to the fands so found, in parcels not greater than four hun

But right to

money pro

sale of property, may be afterwards assert

ed.

P 98.]

CHAP. XIV.

[Chan. Rev. An act concerning escheats and for feitures from British subjects.

Preamble.

also 2 Rev.

I. WHEREAS during the connection which subsisted between the now United States of America and the other parts of the British empire, and their subjection to one common prince, the inhabitants of ei[See vol. 9, ther part bad all the rights of natural born subjects in p. 377.-See the other, and so might lawfully take and hold real Code of 1819 property, and transmit the same by descent to their p. 484,486] heirs in fee simple, which could not be done by mere aliens; and the inhabitants on each part had accordingly acquired real property in the other, and in like manner had acquired personal property, which by their common laws might be possessed by any other than an alien enemy and transmitted to executors and administrators; but when by the tyrannies of that prince, and the open hostilities committed by his armies and subjects inhabitants of the other parts of his dominions, on the good people of the said United States, they were obliged to wage war in defence of their rights, and finally to separate themselves from the rest of the British empire, to renounce all subjection to their commou prince, and to become sovereign and independent states, the said inhabitants of the other parts of the British empire, became aliens and enemies to the said states; and as such incapable of holding the property, real or personal so acquired therein, and so much thereof as was within this commonwealth became by the laws vested in the commonwealth. Nevertheless the general assembly, though provoked by the example of their enemies to a departure from that generosity which so honourably distinguishes the civilized nations of the present age, yet desirous to conduct themselves with moderation and temper by an act passed at their session in the year 1777, took measures for preventing what had been the property of British subjects within this commonwealth from waste and destruction, by putting the same into the hands and under the management of commissioners appointed for that purpose, that so it might be in their power if rea

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