of the courts affected. ments already passed against such estate, the amount sales of the same; and at the time the said commissioners shall give such certificates, in case they find any particular estate insolvent, they shall make each creditor abate in proportion to his or her demand, so as to admit them all into an equal composition, without giving any preference to judgments, or making any distinction between debts of a different nature or date: Provided also, that nothing herein contained Jurisdiction shall extend, or be construed to extend, to deprive the courts of law in questions of their jurisdiction in cases where the titles of land or other real or of title not personal estate shall be brought in question, or to give the cognizance of the same to the present or any other board of commissioners, but that all and every such case shall stand upon the same footing, and be tried in manner pointed out and directed in and by the said confiscation act: and when it shall happen that any doubts shall arise with the auditor on any claim against this state, of any nature what- refer doubtsoever, the said auditor shall, and he is hereby required to lay the the board, same before the said board of commissioners, who shall lay down whose decisome fixed principle of equal justice between the state and each claim- final. ing individual, and judge, and finally decide on the same, from whom there shall be no appeal. Auditor to ful cases to sion shall be costs. 96. Sec. XV. All legal costs already incurred in and upon any ac- Payment at tion or suit brought under the said confiscation act, shall follow the event of the cause when the same shall be tried before the board of commissioners as aforesaid, and in case of sentence or judgment for the plaintiff or plaintiffs, the said costs shall be included in the certificate to be given him, her, or them, by the president of the said board. issued by provisions, before the 97. Sec. XVI. Where certificates for provisions or other neces- Certificates saries for the army have been given by commissaries, and other offi- commissacers duly authorized, the person or persons possessing such certifi- ries, &c. for cate or certificates, shall lay the same before the board aforemention- &c. to be laid ed, who shall in like manner finally decide and determine the same; board. and that no suit or suits at law shall be brought against such officer or officers for or on account of such certificate or certificates, unless it suit for the shall appear to the board that the same was or were given improperly, or the articles improperly applied. And whereas, in and by the said confiscation act, it is enacted and declared, that no demands shall be received against the several estates therein confiscated from and after the 4th day of May then next ensuing, but now last past; Such officers exempt from same. 98. Sec. XVII. Be it enacted, &c. That the said term of making Further time allowed to confiscated claims of moneys, due or said to be due from the several persons produce named or comprehended in the said confiscation act, on any account clai sagainst whatsoever, before the board of commissioners before named, shall estates. be enlarged and prolonged, and the same is hereby declared to be enlarged and prolonged to one year from and after the passing of this act, and such claims made before the said board within the said one year shall be held and considered as much within time as if they had been made at any time before the said fourth day of May last passed; and all accounts which shall be hereafter duly audited at any time within one year from and after the passing of this act, shall be held and considered as good and upon the same footing as accounts already audited, and as coming within the purview and intention of this act. 99. Sec. XVIII. Charles Odingsells, Hugh Lawson, and Abraham CommissionRavott, shall be, and they are hereby appointed commissioners of con- ers named. scated estates, and vested with full power and authority to do and Their compensation. fill vacancies. perform every act and thing that the aforesaid commissioners of confiscated estates were authorized to do, or that shall be necessary to be done under this act, and that they be allowed at the rate of one per cent. in lieu of all charges; and in case of the death, resignation, or refusal to act, of the said commissioners, or any of them, or of Governor to the commissioners of claims before named, or any of them, his honour the governor and executive council shall fill up such vacancy by the appointment of another commissioner, or other commissioners, in the room of him or them so dying, refusing to act, or resigning; and the said commissioners of confiscated estates now appointed, or hereafter to be appointed, shall in all respects comply with the terms which were required of the commissioners under the confiscation act, at the time of their appointment. Kiovernor and council to direct sales of 2000 pounds ster 100. Sec. XIX. His honour the governor and the executive council, shall have power and authority to direct the commissioners of to the amount confiscated estates to dispose of any property, real or personal, appertaining to the said estates, to the amount of any sum not exceedfing at their ing 2000 pounds sterling, at such time or periods of payments as the executive department may deem most conducive to the interest of the state, for the express purpose of making good the engagements entered into by virtue of certain resolutions to that effect, and for the more immediate emergencies of the state. discretion. Liquidated accounts of officers, &c. 101. Sec. XX. The accounts of the officers and soldiers of the Georgia line, (liquidated by the proper officers and certified by the of the Geor- financier, that such account or accounts will entitle us to immediate gia line received as spe- discount from our continental quota, or the interest thereof,) shall be received as specie for purchases made at the confiscated sales, and a discount of twelve and a half per cent. allowed thereon ment, pay for prompt payment; Provided, such accounts are brought in and if brought in deducted within twelve months after passing this act. cie, with 12 1-2 per cent. for within 12 months All conflicting parts of the act of repealed. And whereas the several regulations contained in this act, may be repugnant to, or may interfere or clash with certain clauses or parts of the act of confiscation before mentioned, 102. Sec. XXI. Be it enacted, &c. That all and every such clause or parts of clauses, or other matter or thing mentioned or contained confiscation in the said act of confiscation, repugnant to, or which shall clash or interfere with the several regulations mentioned or contained in this act, shall, and the same is, and are hereby declared to be repealed and done away; but all and every other part or clause of the said confiscation act, (not repugnant to the regulations herein contained,) now of force shall be, and the same is hereby declared to be in full force and virtue. General issue 103. Sec. XXII. This act shall be deemed a public act, and juto be pleaded. dicially taken notice of as such in all courts within this state; and any person or persons whatsoever sued or impleaded for any matter or thing done under or in consequence thereof, shall plead the general issue, and having given the special matter in evidence, the court and jury shall consider such person or persons sufficiently indemnified in so far as he or they has or have acted agreeably to the terms and directions of this or the confiscation act, or in pursuance of their duty thereunder. An Act for amercing certain persons therein named,* and admitting others to the rights of citizenship, and for other purposes therein mentioned.-Passed February 21, 1785. Vol. I. 78. Whereas the legislature of this state, by their resolutions, passed in the years 1783 and 1784, relieve from the pains and penalties of banishment, as directed by the act of this state, for inflicting the pains of banishment and confiscation of persons therein named, and directed that the names of the following persons shall be taken from the act of confiscation, and placed on the amercement act, and that such amercement should not exceed twelve per centum: And whereas the present legislature have agreed to take others in like situation from off the said act of attainder; viz. Andrew Johnston, Timothy Barnard, Isaac Delyon, Alexander Carter, Alexander Rose, and William Dur gan. sons relieved 104. Sec. I. Be it enacted, &c. That Thomas Young, Raymond Certain perDemere, jun. John Glen, Levi Sheftall, Thomas Gibbons, Isaac Hea- from confis ton, Isaac Downie, Thomas Beattie, Robert Porteous, James Spal- cation. ding, Alexander Creighton, Andrew Johnson, Timothy Barnard, Isaac Delyon, Alexander Carter, and Alexander Rose, be, and they are hereby severally relieved from the pains of the said act of confiscation and banishment. subjected to 105. Sec. II. The estates, both real and personal, of the said Their estates Thomas Young, Raymond Demere, jun. John Glen, Levi Sheftall, amercement. Thomas Gibbons, Isaac Heaton, Isaac Downie, Thomas Beatty, Robert Porteous, James Spalding, Alexander Creighton, Alexander Rose, and Isaac Delyon, are hereby amerced, and made subject to twelve per centum; and that Andrew Johnston, Alexander Carter, and William Durgan, shall be subject to pay one per centum only, as an amercement on such property as they may possess; and that Timothy Barnard be subject only to one quarter per centum; the same to be paid within twelve months to the treasurer or commissioners of confiscated estates, for the use of this state, (all persons neglecting to pay the same in the time limited, shall be liable to pay double the sum,) to be paid in specie, and nothing else. permitted to rights of ci 106. Sec. III. The said Thomas Young, Raymond Demere, jun. Said persons John Glen, Levi Sheftall, Thomas Gibbons, Isaac Heaton, Isaac return, and Downie, Thomas Beatty, Robert Porteous, James Spalding, Alexan- enjoy the der Creighton, Andrew Johnston, Timothy Barnard, Isaac Delyon, tizenship, Alexander Carter, William Durgan, and Alexander Rose, shall return to, enjoy, and possess every right of citizenship in this state, any thing in the said act of confiscation to the contrary notwithstanding: Provided always, that the said Thomas Young, Raymond under certaic Demere, jun. John Glen, Levi Sheftall, Thomas Gibbons, Robert for fourteen Porteous, James Spalding, Alexander Creighton, Andrew Johnston, years. Isaac Delyon, and Alexander Rose, shall not be permitted to vote at elections, hold offices under the government, or be eligible to a seat in any of the departments thereof, until fourteen years shall have elapsed from the passing of this act : And provided also, that Thomas Gibbons shall not plead or practice in the courts of law of this state, for the said term of fourteen years. Although the term amercement is used, this act contravenes neither the letter nor the spirit of the 6th article of the definitive treaty of peace with Great Britain of 1783; not being a forfeiture now for the first time imposed on the persons herein named, but merely so much retained out of larger forfeitures incurred and inflicted before the treaty, and now remitted. restrictions, Not to be 107. See. IV. All supplies that have been taken from the abovepaid for sup plies taken mentioned persons, for the use of the army, or payment of any of the from them. soldiers, shall not be brought in charge against this or the United Certain per ted to remain in this state. dren. States. 108. Sec. V. John Mullryne and Solomon Kemp, two persons sons permit named in the said act of banishment, shall be, and they are hereby seven years permitted to be and remain in this state, for and during the term of seven years, without molestation or injury in respect to their persons Estate of So- for or on account of the said act; and all and singular the estates, lomon Kemp vested in his real and personal, of the said Solomon Kemp, which now remains wife and chil- unsold by the commissioners of forfeited estates, shall be, and the same is hereby gratuitously given to and vested in the wife and children of the said Solomon Kemp, for and notwithstanding the said act of confiscation, or other matter or thing appertaining to the same; such property so given to the said wife and children of the said Solomon Kemp to be, nevertheless, subject and liable to a proportionable part of any debts he may owe: Provided nevertheless, that all the property, real and personal, heretofore belonging to any of the persons aforesaid, that has been sold by virtue of the act of confiscation and attainder, the auditor shall, and he is hereby required to give such person, the former owner of the said property, a certificate for a sum equal to the amount of the sale of such property. Subject to payment of his debts. Auditor to give a certificate. Persons admitted to the tizenship. 109. Sec. VI. It shall and may be lawful for any citizen of this state, or any of the United States, to purchase and bring into this state, and thereafter to hold, any negro or other slave, the property of any person named in the act of confiscation and banishment; provided such negro or other slave has not been sold by the commissioners of confiscated estates, and was without the limits of this state, at the time such purchase was made, any thing in the act of confiscation to the contrary notwithstanding. And whereas William Welscher, Malcom Ross, James Ferrie, Donald M'Leod, William Thompson, John Milne, and David Leion, come within the proviso of the alien act, having applied for the rights of citizenship previous to the passing thereof: 110. Sec. VII. Be it enacted, &c. That from and immediately rights of ci- after passing this act, the said William Welscher, Malcolm Ross, David Leion, James Ferrie, Donald M'Leod, William Thompson, and John Milne, shall be, and they are hereby declared free citizens of this state, any thing in the said alien act to the contrary thereof notwithstanding. Mortgaged premises the part of Subject to certain con An Act to point out the mode ander which property reverting to the state shall be disposed of.-Passed December 20, 1792. Vol. I. 97. 111. Sec. I. In all cases where a foreclosure of any mortgage foreclosed on has been, or shall be complete, wherein the governor for the time the state. being, on the part or behalf of this state, shall be the plaintiff, and the equity of redemption shall thereupon be foreclosed, that the estate so mortgaged shall be subject to a future sale, on the following terms and conditions; that is to say, that the sheriff of the respective counties, wherein such property shall be, having given a full and perfect description thereof, shall immmediately after being notified in writing, by the attorney or solicitor general, that the proceedings on the bill of foreclosure are ended, and that the defendant or defendants are by law precluded from the right of redemption of ditions. tised three credit in the premises, advertise the same for sale in both the gazettes of Savannah and Augusta,* at least three months before the day of sale, To be adver having due regard that the sale in one county shall not interfere with months. the sales of another; for which purpose the executive shall appoint the time in each county when the sales shall commence, [and that the conditions of the sales to be made as aforesaid shall be on the following terms: that is to say, on a credit of five years, in equal annual Five years payments, the purchaser first giving a mortgage on the premises for equal annual the payment of the principal in annual instalments, and good and suf- payments. ficient personal security for the annual interest at and after the rate of eight per centum, which shall accrue as well upon the sum annu- Eight per ally due as also the interest on the remainder money the bonds to with a mortbe taken shall be made payable to the governor for the time being, ge on the and his successors in office, in the following denominations of public security for securities; that is to say, governor's, president's, or speaker's war- What shall rants, audited or funded certificates, the present or any former trea- be received surer's certificates, (except Wade and O'Bryan, and Seth John Cuthbert's, whose accounts remain unsettled,) the paper medium of this state, issued the third day of August, 1786, or in gold or silver.] : cent. interest, premises, and the interest. in payment. compensa 112. Sec. II. The sheriffs of the several counties shall be al- Sherifï's lowed at the rate of one per centum on the value of property, which tion. he or they shall sell under and by virtue of this act, which commissions as aforesaid shall be in full compensation for all charges, duties, and services herein required, and the bonds and mortgages so taken Bonds take by the sheriffs shall immediately thereafter be transmitted to the the treasury. treasurer, who shall give a receipt for the same, describing as fully as may be, a particular account of the several bonds and mortgages. to be sent to ascertain the and quantity survey. 113. Sec. III. And in cases where the sheriff of any county is Sheriff may not sufficiently informed of the quantity or number of acres which boundaries any tract or tracts of land, subject to sale by this act, shall contain, in any tract, or the boundaries of any such lands, he shall apply to the superior by rule of court, and upon showing cause to the satisfaction of the court, may obtain a rule of survey, on such conditions as the court shall direct; and shall, after the sale of such land, file the survey of record in the clerk's office of the superior court; and that the expense of such Expense of surveys shall be laid before the judge of the superior court, and upon how paid. being approved of, the same shall be allowed out of the specie part of sales. surveying, solicitor ge nish the she 114. Sec. IV. And it shall be the duty of the attorney or solicitor Attorney or general to furnish the sheriffs of the respective counties with the reral to furform of bond, which will enable the governor for the time being to riffs with the obtain judgment on the whole money due on such bond, on failure of form of a payment of either of the instalments, but that execution shall issue only for such instalments as they become due; which form of a bond shall govern such sheriffs in the performing the duties required by this act. bond, &c. on all pur paid in spe which the 115. Sec. V. The purchaser shall pay two and a half per centum Two and a in specie on all purchases made under this act; (Provided this shall bat per cent. not extend to affect any purchase or purchases which may be made chases to be under and by virtue of this act for academy uses) from which pay- cie. From ment, the sheriff performing the duties herein required, shall or may sherif's may deduct his commission of one per centum as full compensation for deduct their making out and executing titles, and for all charges, expenses, and tion, services so required, and the balance of such specie payment the und pay the sheriff shall pay into the treasury within one month after the sale; and the treasury "But see sec. 129. compensa balance inte |