A. D. 1787. make it appear that the judgment was given in the manner and with the restrictions set forth in the second clause of this Act.

In the Senate House, the twenty-eighth day of March, in the year of our Lord one thou. sand seven hundred and eighty-seven, and in the eleventh year of the Independence of the United States of America.

JOHN LLOYD, President of the Senate.

JOHN J. PRINGLE, Speaker of the House of Representatives.

No. 1377. AN ACT to alter and amend an Act entitled "An Act for establishing county courts, and regulating the proceedings therein," passed the 17th day of March, 1785; and for other purposes therein me ntioned.

(Passed March 28, 1787. See last volume.)

No. 1378. AN ACT TO EXEMPT WILLIAM BULL FROM THE PAINS AND PENALTIES TO WHICH HE IS LIABLE BY SEVERAL ACTS OF THE GENERAL ASSEMBLY.

Preamble.

William Bull to be exonera

ted from certain pains and penalties.

WHEREAS, William Bull, formerly Lieutenant Governor of this State when a British province, hath petitioned the Legislature to be exempted from the pains and penalties to which he is liable by several Acts of the General Assembly;

I. Be it therefore enacted by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That the said William Bull, on his arrival in this State, and on taking the oaths of allegiance and fidelity thereto, before one of the judges of the court of common pleas, shall be, and he is hereby, exonerated and discharged from all the pains and penalties to which he was liable under the several Acts passed by the Legislature of this State, and more particularly an Act entitled "An Act for disposing of certain estates, and banishing certain persons therein mentioned," passed the twenty-sixth day of February, one thousand seven hundred and eighty

two.

In the Senate House, the twenty-eighth day of March, in the year of our Lord one thousand seven hundred and eighty-seven, and in the eleventh year of the Independence of the United States of America.

JOHN LLOYD, President of the Senate.

JOHN J. PRINGLE, Speaker of the House of Representatives.

No. 1379. AN ORDINANCE for opening the Navigation of Lynch's and Clark's Creeks, as also Black Creek, and appointing commissioners for superintending the same.

(Passed March 28, 1787. See last volume.)

A.D. 1787.

AN ACT TO REVISE, AMEND, AND REPEAL THE SEVERAL ACTS OR No. 1380. CLAUSES OF ACTS OF THE GENERAL ASSEMBLY HEREIN MENTIONED.

I. Be it enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority Former act reof the same, That an Act entitled "An Act for the entry of vessels," pealed. passed the eighth day of October, one thousand six hundred and ninetyeight, be, and the same is hereby, repealed.

missioners to

II. And be it further enacted by the authority aforesaid, That from and immediately after the passing of this Act, any one of the judges of the Judges may court of common pleas, or a majority of the county court justices, shall, empower comand may, and they are hereby authorized and empowered, upon the appli- examine witcation of any person or persons whatsoever interested in any suit depend- nesses. ing in the court of common pleas or county, courts, to grant a commission under his or their hand and the seal of the court, directed to three commissioners, or any two of them, authorizing and empowering the said commissioners to examine and cross examine the witnesses therein mentioned, and who are without the limits of this State, on oath, touching such matters or things as they may have in charge by the aforesaid commission; and also in like manner all such witnesses whose attendance to give their testimony in court cannot be procured either by reason of such sickness or infirmity as totally incapacitates such witnesses from travelling, in order to appear and give evidence in court when requisite; and that such sickness. or infirmity shall be proved before one of the judges of the court of common pleas, or a majority of the county court justices, by a certificate on oath of some disinterested person of reputable character: provided, nevertheless, that the person or persons making such application, shall give to the plaintiff or defendant, as the case may be, ten days notice of such application.

received in evi

III. And be it further enacted by the authority aforesaid, That no testimonial, probate, certificate, or other instrument under the seal of any Foreign certifi foreign court of law, notary public, or other magistrate or person qualified cates not to be and empowered to give the same, shall in future be received in the courts dence. of this State as evidence of any debt due, or demand owing by any person or persons resident within the limits of this State; any law, usage, or custom to the contrary notwithstanding: provided, nevertheless, that if it Proviso. shall appear to the court that the testimonials, probates, certificates, or other instrument of writing for the purposes aforesaid, which have been or shall be hereafter issued from any of the courts of this State, or by any of the officers thereof authorized and empowered to give the same, are received and allowed as evidence in the courts of such foreign country, then, and in such case, the courts of this State shall receive and allow the testimonials, probates, certificates, or other instruments of such foreign country alone, as good and sufficient evidence of any debt due, or demand which may be owing by any person or persons residing within the limits of this State.

former acts re

IV. And be it further enacted by the authority aforesaid, That the thirtysixth clause of an Act entitled "An Act confirming and establishing the Clauses of ancient and approved method of drawing juries by ballot in this province, pealed. and for the better administration of justice in criminal causes, and for appointing of special courts for the trial of causes of transient persons, declaring the power of the provost marshal, for allowing the proof of deeds

A.D. 1787. beyond the seas as evidence, and for repealing the several Acts of the General Assembly therein mentioned," passed the twentieth day of August, one thousand seven hundred and thirty-one. Also, the first clause of an Act entitled "An Act for regulating trials in courts of justice in this State between the subjects of foreign nations in alliance or neutrality with the United States and the citizens thereof, and for other purposes therein mentioned," passed the sixteenth March, one thousand seven hundred and eighty-three. Also, the first and second clauses of an Act entitled "An Act to alter and amend the thirty-sixth clause of an Act of this State, commonly called the jury law, and for altering the time of holding the courts of sessions and common pleas," passed the twenty-sixth March, one thousand seven hundred and eighty-four. Also, "An Act for repealing the thirty-sixth clause of the jury law, and for other purposes therein mentioned," passed the twenty-second March, one thousand seven hundred and eighty-six-be, and the same are hereby, repealed.

In the Senate House, the twenty-eighth day of March, in the year of our Lord one thousand seven hundred and eighty-seven, and in the eleventh year of the Independence of the United States of America.

JOHN LLOYD, President of the Senate.

JOHN J. PRINGLE, Speaker of the House of Representatives.

No. 1381.

Preamble.

Escheators to

be appointed.

Oath.

AN ACT TO APPOINT ESCHEATORS, AND TO REGULATE ESCHEATS. WHEREAS, sundry estates, real and personal, have heretofore been acquired, held and possessed in this State, by persons who are now dead, and no legal representatives have appeared to make title and claim, either by descent or purchase, to such estates; and sundry other escheats have fallen or may hereafter fall to this State, in the like manner; and also in cases of forfeiture for treason or felony; and it being necessary to appropriate such estates, real and personal, to public uses;

I. Be it therefore enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That an escheator shall be appointed by the joint ballot of the Senate and House of Representatives, and commissioned by the Governor or Commander-in-chief for the time being, for the district of Charleston, and for each of the circuit court districts, who shall execute his office in proper person, and not by deputy, and give bond, with three good and sufficient sureties, payable to and taken by the Governor for the time being, for the use of the State, which shall be duly recorded in the Secretary's office of this State, in the penal sum of five thousand pounds sterling money, for himself and sureties, jointly and severally, and conditioned for the well and faithful discharge of the said office, and shall moreover take the following oath, to be administered by the said Governor, or any one of the justices of the court of common pleas, at the time of taking the said bond, to wit: "I, A B, do solemnly swear that I will well and faithfully execute the office of escheator for the district of —, diligent inquest make for all property which hath escheated or shall escheat to the State, within my jurisdiction, according to the true intent and meaning of the Act in that case made and provided: So help me God."

and

II. And be it further enacted by the authority aforesaid, That each of A.D. 1787. the said escheators, in every case where on their knowledge or belief, or

the information of another, that certain lands have been escheated to the Duties of the escheators. State by the death of the person last seised in fee simple, either in law or in fact, without leaving any person who can lawfully claim such lands, either by purchase or descent from such former proprietor, the escheator of the district where the lands lie, on such knowledge or information, or the order of any court of record, shall issue his notification of such supposed escheated lands to one of the judges of the court of common pleas, at least two months previous to the next meeting of the said court to be held in the circuit or district where such lands lie; and the judge or judges presiding at such court shall cause the jury (being first duly sworn) to proceed and make a true inquest of all such supposed escheated lands, which by the escheator shall be subjected to their investigation, and a true verdict make thereon; whereupon the judge or judges of the court aforesaid shall certify the same, under his or their hands and seals, to the escheator, who is hereby ordered and directed to record the same in a book to be kept by him for that purpose, and shall return the original within two months after the date thereof into the office of the court of common pleas, to be there filed and kept as a record of the said court.

year, to be

III. And be it further enacted by the authority aforesaid, That on returnLands to be ing the inquest into the office of the court of common pleas, the clerk shall advertised, and thereupon cause to be advertised in the State Gazette, the first week in no claimant every month, for six months, the particular description of the lands, the appearing in 1 name of the person last seised, and the supposed time of his or her death, escheated. together with the part of the world in which he or she was known or supposed to be born, and requiring his or her heirs, or others who may claim under him or her, to appear and make claim. And if no person shall appear and make title to the same lands, within twelve months after the expiration of the time prescribed for advertising the same, the clerk of the said court shall issue process, to be signed by one of the judges, to the escheator, pronouncing the said lands to be escheated and vested in this State, and directing him forthwith to sell and convey the same, according to law.

IV. And be it further enacted by the authority aforesaid, That as soon as escheated lands shall be vested as aforesaid in the State, the escheator Sales to be shall advertise the sales thereof in the State Gazette, and also in the most advertised. public places of the district in which the lands lie, giving six weeks public notice, on a credit of twelve months, payable in the general indents issued by this State to the public creditors, with lawful interest, payable in special indents or current money, and shall moreover take good and sufficient surety and a mortgage of the premises, before the title shall be altered or changed.

smaller tracts.

V. And be it further enacted by the authority aforesaid, That where the lands shall exceed six hundred acres, and can be divided into smaller Lands may be tracts with advantage to the State in the sale thereof, the escheator shall divided into cause the same to be divided in such manner as shall be most beneficial to the State; and the indents arising from such sale shall be forthwith paid into the public treasury whenever the same shall become due and recovered. Provided nevertheless, that if any person or persons shall ap- Proviso. pear within five years, and make good title to such lands, in the court of common pleas, on an issue tried, he, she or they shall forthwith receive adequate compensation.

VI. And be it further enacted by the authority aforesaid, That any per Privileges of son or persons, without delay, shall be heard on a traverse, in the court of claimants. common pleas, on a petition setting forth his, her or their right, and the

A. D. 1787. said lands shall be committed to him, if he, she or they shall shew good evidence of his, her or their title, to hold until the right shall be found and discussed for the State and the claimant ; such claimant finding sufficient security to prosecute his, her or their suit with effect and without delay, and to render to the State the yearly value of such lands, if the right be found for the State; and where no claimant shall appear to make title as aforesaid, the escheators shall rent out the escheated lands, if the same can be done with advantage to the State, until the process of escheat shall be concluded and the lands sold. Provided nevertheless, that if any suit for property supposed to be escheated shall be prosecuted by any escheator, and the jury before whom such trial shall be had shall think there is no probable cause, such jury are hereby authorised and required to assess and award to the party grieved such damages as they shall think proper.

Proviso.

Limitation.

is no heir, shall revert to the State.

VII. And be it further enacted by the authority aforesaid, That the State shall not be precluded by possession, grant, conveyance, or any other cause or title, from making inquest and sale of all such lands as have heretofore escheated to the State by the death of the person last seised thereof; any law, custom or usage to the contrary notwithstanding. Provided, that no lands claimed under grant, or under an actual possession for five years, prior to the fourth July, one thousand seven hundred and seventy-six, shall be affected by this Act.

VIII. And be it further enacted by the authority aforesaid, That where Personal estate any monies or other personal estate shall be found in the hands of an to which there executor or administrator, being the property of any person heretofore deceased, or hereafter dying, and leaving no person entitled to claim, according to the statute of distribution, and without making disposition of the same, the escheator of the district where such chattels shall be found, or the attorney general, on behalf of the State shall and may sue for and recover, either at law or in equity, and pay the same into the treasury of this State; and the said treasurers for the time being shall advertise the same in the State Gazette, once in every month, for six months, in like manner as lands are herein before directed to be advertised, and if no person shall appear and make good title to such personal estate within two years thereafter, other than as executor or administrator, or their legal representatives, then such personal estate shall become vested in and applied to the use of this State.

IX. And be it further enacted by the authority aforesaid, That nothing Further time herein contained shall prejudice the rights of individuals having legal title, and who may be under the disabilities of infancy, coverture, lunacy, or beyond the limits of the United States, until three years after such disabilities shall be removed.

allowed to minors, femme coverts, &c.

cent.

X. And be it further enacted by the authority aforesaid, That the said Escheators to escheators shall, each of them, as a compensation for his trouble, cost and receive 24 per charges in the discharge of his duty, be entitled to receive the commission of two and an half per cent. out of all monies or indents which in virtue of this Act shall be paid by the said several escheators respectively into the treasury; and where any person or persons shall appear and make title to lands or personal estate, after office found by the jury, the court shall have power to assess such reasonable costs and charges as the escheator hath sustained in promoting the claim of the State, except in cases where he has already received his commissions.

Penalty on neglect.

XI. And be it further enacted by the authority aforesaid, That if the escheators, or any of them, shall fail to do his or their duty, as this Act directs, on behalf of the State, and any loss or damage shall accrue to the State by his or their misconduct and fraudulent practices, the offender or