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 time; 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- Drawbackom bargo on salt is taken off, the importer thereof, not exportation. withstanding 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the inhabitants of this commonwealth for supplywith salt upon reasonable terms,” shall be, and the same is hereby repealed.

ing salt re

pealed.

[Chan. Rev. p. 110.]

Preamble.

Court of ap

peals, high

court of chancery, & general court to be

held at Richmond

CHAP. XVII.

An act for amending an act entitled An act for 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.

I. WHEREAS an act, entitled "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 arms," 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.

II. And whereas so much of the said act as fixes the place for holding the said courts, is contradictory to the act for the removal of the seat of government. Be it therefore enacted, That so much of the said act as directs the place for holding the said courts of chancery and general court, shall be and the same is hereby repealed; and that the first meeting of the court of appeals, high court of chancery, and general court, in the year one thousand seven hundred and eighty, shall be at the town of Richmond in the county of Henris co, at the apartments to be provided for that purpose. And any act within the purview of this act, shall be and the same is hereby repealed.

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 procommonwealth, 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 cr 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 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 the onus probandi shall 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 lusive sales made by collusion of the 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

sales by Bri

declared

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.

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 esmortgaged 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 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 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 children 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 relieva next before the commencement of hostilities, on the blc. 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 injurious to the rights or liberties of America; and

mer act; and