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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 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- Drawbackon

bargo on salt is taken off, the importer thereof, not- “Portation.

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 for supplying salt re

act to supply the inhabitants of this commonwealth with salt upon reasonable terms,” shall be, and the same is hereby repealed,

CHAP. XVII.

tenan new. An act for amending an act entitled *110] 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.

Preamble. 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. Court of ap- II. And whereas so much of the said act as fixes the peals, high 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 court to be directs the place for holding the said courts of chan.* cery and general court, shall be and the same is here: 7 Il Oll(le. by repealed; and that the first meeting of the court of appeals, high court of chancery, and general court, in the year one thousand seven-hundred and eighty; shall .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 Henrio. 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.

An act to amend the act entitled An act concerning escheats and forfeifures from British subjects,

I. WHEREAS some doubts have arisen respecting the construction of the act of assembly entitled “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 commonwealth, and returned to the general court, shall remain there but thirty days, to be computed from the day of the return for the claim of any one. Where a traverse hath been filed by a British subject, or Qoso person for him, such traverse shall be withdrawn, fid any British subject, or other person on his behalf, shall he 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 Brios 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

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form in the inquisition, shall at any time be admitted,

and the trial of every issue shall be in the session at Vor,. Y. U.

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which it is made up, on which the onus proband shall
lie on the person making claim to the estate. Where
an estate is held by a citizen or citizens of this com-
monwealth, and a British subject or subjects as ten-
ants 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 in-
quisition, who shall find an office as to the whole of
the estate; and if it be for the commonwealth, such ci-
tizen 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, or 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
bèen made, or that being made, it hath been discussed
for the eemmonwealth, 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 tc.

the same penalties and legal proceedings as if such

All bona fide sales by British subjects valid.—Collusive sales declared void; how to be detected.

sale had been within the time limited by the said recited act. All actual and bona fide sales made by British subjects of their estates by deed duly executed and recorded, before the passing of the said recited 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 according thereto, are subject to forfeiture under the said recited act, shall be, and the same are hereby de

clared to be void; and for discovery of any such collu

sive 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.

III. And be it farther enacted, That whenever the mortgagees of any estate shall be found to come within the purview of this act, as British subjects, and the mortgaged premises are included within the inquisition; or where any citizen or citizens of this state may have an equitable interest in any estate as to which an 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,

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at their next session, proceed to hear and determine

such equitable claims, in preference to all other mat-
ters 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 chil-
dren of British subjects residing within this state the
benefit of exception to them extended by the said re-
cited act; any thing in this act to the contrary notwith-
gtanding. -
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 di-
vers periods before and soon after the present war be-
tween 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.
W. 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-
ther natives of this state or who were actually married
to natives of this state, and bona fide inhabitants there-
of for at least one year at any time within four years
next before the commencement of hostilities, on the
nineteenth day of April one thousand seven hundred
and seventy five, and who have left North America at

Who are excepted out of the former act; and how relievg. ble.

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

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