CHAP. XIV.

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

p. 98.]

Preamble. - 1. WHEREAS during the connection which subsisted between the now United States of America and

also 2 Rev.

Code of 1819 p. 484,486]

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 property, and transmit the same by descent to their 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 maimer 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.

II. And whereas it is found that the said property is British proliable to be lost, wasted, and impaired without greater in the comperty 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 the property 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 But right to force and advantage as might have been to the thing ceedingfrom itself; 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 afterwards assertJands so found, in parcels not greater than four hun- ed.

how institu.

money pro

ers of sale.

conducted.

to eschea

tors.

dred acres (to be described by the commissioners hereafter mentioned, and measured and marked by metes and bounds by a surveyor where they shall think it necessary) and in and to the other party as in other cases of escheat and forfeiture, save only that the governour with advice of council, for every such sale, Commission shall appoint two commissioners to superintend and controul the proceedings of the said escheator, which commissioners shall be sworn to use their best endeavours to have the estate to which their trust extends, sold to the best advantage.. The said sales shall be Sales, how for ready money to be paid to the escheater, who shall retain thereof three per centum on the first thousand pounds arising from the sale of any such estate, and one and a half per centum on the remainder for his trouble. His certificate of such payment in the case Allowance of lands, and of the person purchasing, to the register of the land office, shall entitle the purchaser to a grant of the said lands, free and fully exonerated from all the rights, title, claim, and interest, legal and equitable, of any British subject thereto; and also from the right, title, claim, and interest of all and every person. whatsoever, by or under any deed of mortgage, the equity of redemption whereof had not been foreclosed at the time of the sale, but such mortgages, their heirs or assigns, may nevertheless afterwards assert their claim and title to the money proceeding from the sale thereof, with equal force and advantage as they might Proceedings have done to the land itself before such sale. If the against es- said escheator shall fail to pay the said money into cheators, for the hands of the treasurer within a reasonable time af delinquency ter any such sale (which reasonable time shall be accounted one day for every twenty miles such sale was distant from the publick treasury, and twenty days of grace in addition thereto) he shall pay interest thereon from the time of the said sale, at the rate of twenty per centum per annum; and moreover it shall be lawful for the auditors on the last day but one of any general court, or at any court to be held for the county wherein such property was sold, after the expiration of the time allowed for payment, to obtain judgment on motion against such escheator, his heirs, executors, and administrators, for the principal sum and such interest, together with costs.

Grants, for escheated

lands how

obtained.

And for the information of the auditors, the commissioners of the sale shall immediately on such sale, certify to whom and for how much such sale was made, and transmit such certificate by some safe and early conveyance to the auditors, which certificate

shall be legal evidence against such escheator. The Allowance

to commis

Nett proceeds to be

auditors shall allow the commissioners so appointed, the expenses of the surveys by them directed and made, sioners. and other their reasonable expenses; and such compensation for their trouble as to them shall seem proper. Where the commissioners shall be of opinion that it will be more to the interest of the owner or publick, that possession of such property, real or personal, should be retained for finishing and removing a crop, or other purpose, it shall be lawful for them to stay the possession as it now is until the sixth day of December next, and in such cases postpone the sale of the slaves, tools, and other personal property, necessary for their subsistence, and making the said The crop, until the said sixth day of December. money for which such property was sold being paid into the publick treasury, and all expenses allow- extended in ed and deductions made, the balance thereof shall be tobacco, how extended in nett tobacco, at the market price as the estimated. same shall be estimated on oath by the grand jury of the succeeding general court, and such balance of tobacco shall be considered in future as the true measure of retribution to be made to the individuals interested; if retribution be made, and in such case shall be repaid to them by the publick in quantity and kind. The duties which, under this act, are to be performed by an escheator in the several counties of this commonwealth, not being within the territory commonly call- ed in the ed the Northern Neck, shall in the counties within Northern that territory be performed by the sheriff of such coun- Neck, by ties respectively, which sheriff shall have the same powers, be entitled to the same allowances, and subject to the same penalties, conditions, and legal proceedings as escheators are in the other counties. III. And for preventing doubts who shall be deem- British sub jects descri ed British subjects within the meaning of this act, It bed. is hereby declared and enacted, That (first) all persons subjects of his Britannick majesty, who, on the nineteenth day of April, in the year 1775, when hostilities were commenced at Lexington, between the United

Duty of es

cheators to . be perform

sheriffs,

States of America and the other parts of the British. empire, were resident or following their vocations in any part of the world, other than the said United States, and have not since, either entered into publick employment of the said states or joined the same, and by overt act adhered to them; and (secondly) all such subjects, inhabitants of any of the said United States, as were out of the said states on the same day, and have since by overt act adhered to the enemies of the said states; and (thirdly) all inhabitants of the said states, who, after the same day and before the commencement of the act of general assembly, entitled "An act declaring what shall be treason," departed from the said states and joined the subjects of his Britannick majesty, of their own free will, or who, by any county court within this commonwealth, were declared to be British subjects, within the meaning and operation of the resolution of the general assembly of the nineteenth day of December, 1776, for enforcing the statute staple, shall be deemed British Property in subjects within the intention of this act. But this act particular shall not extend to debts due to British subjects, and payable into the loan office according to the act of general assembly for sequestering British property; nor take effect on any lots of land within the town of Richinond, as the limits of the said town now are, or shall. be at the time of the inquest found, which by the dis rectors of the publick buildings shall be included with in the squares appropriated for such buildings, further than that an office shall be found as to such lots of laud, and the estimated value thereof be disposed of hereafter as the price would have been by this act, had they been exposed to publick sale; nor on any other such lots within the same town, whether held in seve ralty by any British subject or subjects, or by a citizen or citizens and a British subject or subjects, as joint tenants or tenants in common, which shall by the said directors be declared proper for the publick use, until buildings be erected on the squares before mentioned, except that an office shall be found as to the interest of any British subject in such lots, and such interest estimated by the same jury which found the office, and at the same time, as also the interest therein of any citizen who is joint tenant or tenant in common with such British subject, and the value of the interest of

Instancesex. cepted out of this act.