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An act for restoring to Robert Baine his former estate.
Estate of I. BE it enacted by the General Assembly, That so Robert much of. the estate of Robert Baine, as was sold by asTscheated virtue of the act of assembly entitled H An act concernproperty, ing escheats and forfeitures from British subjects," and restored to purchased by the executive for the use of this state, himV shall, on the first day of February next, be vested in,
and restored to, the said Robert Baine. That retribution be made by the public to the said Robert Baine, in manner directed by the said recited act, for so much of his estate as was sold to individuals. The auditors of public accounts shall settle and allow the said Robert Baine so much money as shall compensate not oi> ]y for the use of the estate held by the public, but also tor any timber that may have been taken froni the land of the said Robert Baine. for public use, and to draw on the treasurer for payment thereof* The executive shall cause the estate to be delivered to the said Robert Baine, agreeable to the directions of this act. Prowded always^ That the said Robert Baine shall take the oaths of allegiance to this state before he shall be enTitled to the benefit of this act.
An act for the relief of persons who [chan. have been, or may be injured by the p* 143'] destruction of the records of coun- a782%e ty courts.
. I. WHEREAS during the late invasion, the records Preamble*. of several county courts within this commonwealth, with other papers of consequence, were burnt or otherwise destroyed by the enemy, and this assembly being willing to afford all possible relief to the persons concerned in the said misfortune, whose estates, titles and interests may be affected thereby: Be it therefore enacted by the General Assembly, That the courts of'the Where counties where any such destruction rnay have hap- daeds, wills,
- , • • i i 'i ,iii iiidgments,
pened, when any original deeds with the endorsement decrees, or
of the acknowledgment or proof thereof, and order for orders have recording the same attested by the clerk of the court, been ^e" or the copies of any deeds with the endorsements so thTenemy, attested, or of any wills with the endorsement of the attested coproof and order for recording the same so attested, or pies to be aof any judgment, decree, or order of court in like man- |^in recorc-° ner attested, the original records of which deeds, wills, judgments, decrees or orders are lost, (shall he produced to them for that purpdsej shall order the clerk to again record all such original deeds, copies of deeds, or wills with the said endorsements respectively, and all such copies of judgments, decrees, an'd orders of the court of their county; and the said clerk, when he shall have recorded any thing in pursuance of this act, shall endorse on the same that the original hath been destroyed by the enemy, to which he shall subscribe his name, and likewise enter the same endorsement up,r on record with the thing recorded, which shall have the same operation and effect in law, to all intents and purposes, as if the said original records had not been lost.
* In the Chancellors? Revised, the sections of this act are differs«ntly arranged from the original. As most of the references, in other books, have been made to the Chancellors* Kevisal, and not to the original acts, it is deemed most proper to preserve the arrangement made in that collection.
For perpetuating'testimony, exe
II. And be it farther enacted, That the clerks of the clerks66* °f 5evera* coul'ts shall do and perform the services hi this act mentioned for the same fee that is or shall be allowed by law ill other cases for a copy of any thing herein before-mentioned; and in like manner shall take no other or greater fee for the recording any deed which hath been already made and recorded, or shall be made by occasion only of the misfortune aforesaid, for the settling the right or title of any person or persons whatsoever to lands and tenements, slaves or goods and chattels, than in other cases is or shall be allowed by law for a copy of any such deed, any law, custom or usage to the contrary notwithstanding.
^^ *°r PerPetuatj»g *ne testimony of witnesses *n relation to any deed, will, inventory, or other writing recorded in the county courts where the original is P" lost and no attested copy thereof can be produced, Be it farther enacted,, That it shall and may be lawful for the governor, with the advice of council, to issue one or more commissions (as the case may require) under the seal of the commonwealth, to nine able and discreet persons directed, giving them, or any three «r more of them, full power and authority to meet at some convenient place by them to be appointed, and to adjourn from time to time as they shall think fit, and to sum mon5 hear and examine all witnesses at the klstaiidB °^ ariy Psrson whatsoever touching* tlra prerose^ -and: &> take their depositions ia4 writing, and to return the same, with such comtnission-or commissions, to ,the:iex> ec ttti ves w hie h depositions shall be by them, 'laid kefor e the general assembly at the next session, to the end they may be enabled to give such effectual relief to the sufferers by the loss of the said records, as to them shall seem most just and reasonable. And the said commissioners shall have power to appoint some fit person skilled in clerkship to attend them for keeping a journal of their proceedings, and drawing the depositions aforesaid, which person shall be paid for his services by each county respectively.
and where *.o return
An act to remove the suspension of the superior courts^ and to alter the p* terms of holding ike same. Jj.e attte p'
I. WHEREAS by an act passed the last session of Preamble* assembly, tlje county, as well as other courts, were sus
pended under certain exceptions; and such suspension
being now unnecessary and improper: Beit therefore
enacted, That the said courts shall hear and determine Suspension
any matter, cause or thing, in like manner as they of courts re
could or might have done before the passing of the said
act. That the sessions of the general court shall here- Terms of
after -be'gin on the first day of April and October in court of ap
every year, if not Sunday, and then on the Monday peals,
thereafter. That a court 'of appeals shall i^^^^^chS
holden on the twenty-ninth, or when that shair happen general
to be Sunday, on die thirtieth day of April and O^- ^ourt alt
ber in every year. That the two sessions, of the court ed*
of chancery shall hereafter begin on the fifth day of
May and November in every year, if not Sunday, and
then on the Monday following.
II. Provided always, and be it farther enacted, That Court of the court of appeals shall have power to hold their
court any number of days exceeding the terni now fix
the business depending before them, in whic^^ase.fhe court of chancery shall stand adjourned to, §iid SB" mence on, the day next succeeding the rising offi&fe aa> after, said court, if not Sunday, aud then the day following.
Kcv. An act for calling in and funding the
I. BE it enacted by the General Assembly, That Paper mo- from and after the passing of this act, the paper money not ale- |Jey |jerelofore issued by this state shall cease to be a Scep'rib? tender in payment of any debt or contract whatsoever, taxes. * except in payment of taxes due to the several collectors thereof for the ye.ar one thousand seven hundred and eighlv-one; and that on or before the first day of To be re- October, "in the year one thousand seven hundred and treasurer tf eighty-two, the proprietors or holders of the said pa-' destroyed, per money shall deliver or cause the same to be deli^ vered to the treasurer for the time being, at.his office, \viiere the said paper money so received shall be destroyed ami not. re-issued;- and if any proprietor or Not I'efcim- holder- j&f the said paper money shall refuse or neglect e ,- orIeit£-': to de|,iver t'ue s.drae to the treasurer, at his office, as aforesaid, such proprietor or holder shall forfeit his, Leiy or their interest in the same, and the said paper' irioney so withheld or neglected to be delivered, shall not. from and after the said first day of October, in the year one thousand seven hundred and eigbtyrtwo^ be redeemable.
l'.., f o.r.^ ,11. And Avhei,eas. U i> ttCGesiavw that the,
^irHiieat^s,:.-Qf ilie publiu deblJii sp.ecie, arising ihoJ
vor paper of the' paper motley aibres,aid, should be
money re. an(j tjjat eqUitable compensation should be made to the
be delivered proprietors or holders of the said money, Be it farther
by treasurer, enacted by the authority aforesaid, That the treasurer
at the rate of for the time being, upon the receipt of the paper iho
tToVsand. ney as aforesaid, shall deliver to the proprietors or
holders thereof, a loan-office certificate, of the value of
the said paper money received from such proprietors
or holders, in specie, at the rate or difference of one
_ thousand for one in specie, to be entered with the au
deemablV'6" ditors of Public accounts, which said certificates shall
be redeemable, and paid in specie, by the treasurer for
the time being, that is to say, The principal for which
such certificate shall be granted, on or before the first
interest pay- j of December, in the year one thousand seven hun
iibie annual. ^^ ^^ n^^ ancj tne interest at the rate of sk per