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shall be allowed the inspectors in settling their accounts for duties on'tobacco. If the owner or master of a vessel hath not so many hogsheads of tobacco at one warehouse as his certificate entitles him to export duty free; in that case he shall give the inspectors thereof a receipt for so many hogsheads delivered at such warehouse; and the inspectors shall thereupon endorse on the back of the certificate, the number of hogsheads so delivered and the lime; and the master or owner shall be allowed to make up such deficiency at any other warehouse, upon producing to the inspectors thereof such certificate, and giving them a receipt thereon for the same.
And whereas it may so happen, that after an em- Drawbackon bargo on salt is taken off, the importer thereof, not- exP°rtatlonwithstanding he has received the bounty given by this act, may export the same: Be it enacted, That every person importing salt and receiving the benefits given by this act, shall before he obtains a permit to export the same, or any part thereof, pay down to the naval officer so much money as the bounty for the importation thereof amounted to in shipping tobacco duty free.
And be it farther enacted, That the act entitled "An Former act act to supply the inhabitants of this commonwealth for 8UPP*ywith salt upon reasonable terms," shall be, and the *
same is hereby repealed,
tchan. Rev. act f°T unending an act entitled t). no.] An act Jot appointing the place for
holding the High Court of Chancery and (general Court, and empowering the said High Court of Chancery to appoint their own serjeant at arms
Preamble. J. WHEREAS an act, etititled "An act appointing . the place for holding the high court of chancery and general court, and empowering the said high court of chancery to appoint their own serjeant at arras," was continued by an act of the last session of assembly for and during the term of one year, and from thence to the end of the next session of assembly.
Court of ap- H. And whereas so much of the said act as fixes the
peals, high place for holding the said courts, is contradictory to
court of tne act for the removal of the seat of government. Be
^evd},& *'< therefore enacted, That so much of the said act as
court to be directs the place for holding the said courts of chan
heldatRich- eery and general court, shall be and the same is here*
mond' by repealed; and that the first meeting of the eourt of
appeals, high court of chancery, and general court, in
the year one thousand seven huiwired and eiglityv sb A ,
be at the town of Richmond in the county of Henri*
co, at the apartments to be provided for that purpose;
And any act within the purview of this act3 shall -b^
and the same is hereby repealed, CHAP. XVIII.
An act to amend the act entitled An [Chan.Rey, act concerning escheats andforfei- p' hires from British subjects*
I. WHEREAS some doubts have arisen respect- [See ante p. ing the construction of the act of assembly entitled 66-J ".An act concerning escheats and forfeitures from British subjects," by which unnecessary delays maybe occasioned, and the purposes of the said recited act altogether defeated; It is hereby declared and enacted Mode and oy the General Assembly, That an office found for the rules of procommonwealth, and returned to the general court, shall Averse o? 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 ^gf (rmt% person for him, such traverse shall be withdrawn, J|j'd any British subject, or other person on his behalf, shall be heard before the general court, by a monsfrans, de droit ^ and any person, other than a British subject, on a traverse to the office or monstrans de droit. Where &-Wionstrans 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 sgid recited act. Where a monstrans de droit hath beejn filed in the name of any person for, and in behalf of a British subject, or where a traverse to the office^pr monstrans de droit, by any person other than a Brmlh 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 council, 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 (he onusprobdndi shall He 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 tea^ ants in common, or joint tenants, the proportion ta the whole estate of the interest of such citizen therein, shall be ascertained by the jury summoned to find the inquisition, who shall find a*n- office as to the whole of the estate; and if it be for the commonwealth, such citizen or citizens may retain fiis 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.
IL 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, otir good cause shewn, delay the discussion of the right in any case te the next term, and Ho longer. Where the certificate of the.clerk of the general court, that no claim hath b£en made, or that being made, it hath been discussed f for the commonwealth, shall come to the eseheator, 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 surfi sale had been within the time limited by the said re* cited act. All actual and bona fide sales made bv sales by Bri- British subjects of their estates by deed duly executed tish subjects an^ recorded, before the passing of the said recited valid.—Col- act, shall be, and they are hereby confirmed. All sales d^dared163 made b? c?1Iusion °fthe estates real or personal which void; how to 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 eseheator pr 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.
III. JinA be it farther enacted, That whenever the mortgagees of any estate shall be found to come with* Jf
"1 • /»* I • T"> • • » 11 ^^ lUQillsH*
in the purview of this act, as British subjects, and the tionsof esmortgaged premises are included within the inquisi* cheat, how tion; or where any citizen or citizens of this state may and for what have an equitable interest in any estate as to which an t^ed.0 inquisition hath 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 oth.er 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 ehil* dren of British subjects residing within this state the beaefit 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 Qencr&l Assembly, That all femes coverts, widows, and infants, natives of this state, now pr 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 es* ther natives of this state or who were actually married cepted out to natives of this state, andbonafide inhabitants there- ^^act^nd pf 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 3nd seventy five3 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 injurious to the rights or liberties of America; and