The royal gazette — [Charleston] S.C., 1782-07-10 00:00:00, page 2

of i^k^n, capital ph^feent on such persons, they [hall be, and
they arc hereby declared to be for ever banished from this State. And
if any of the said persons shall remain in this State, forty days next
after the palling of this adc, or fliall return to this State, the &ovci
ziour or Commander i,t chief lor the time being, is hereby authorized
and required to carle the persons so remaining in, or returning to the
State, to be apprehended and committed to gaol; there to remain
without bail or mainprize, until a convenient opportunity luall offer
of transporting the laid person or perlons from this State, to feme
part of hi« Britannick Majesty's dominions, whicli the Goycrnoui or
Commander in chief for the time being, is hereby required to do.
.And if any of the said persons shall re,turn to this State alter Inch
transportation, then, and in fucir case, he, or they shall lx: adjudged,
und they are hereby declared to be, guilty of felony, and shall, upon
conviction of the offence of having returned as aforefaid, fuffcr death,
without benefit of clergy..
Sefil. 17. And be it further enabled by the authority aforefaid, 1 hat the
said commissioners, or a majority of them, shall, and may, on the
credit of the estates hereby directed to be fold, make such provihon
for the temporary support of such of the families of the perlons men
tioned in the lifts, number two, three, four, five and fix, as fliall ap
pear to the said commiflioners or a majority of them, necessary; until
the said commissioners shall render a full acebunt of the tales hereby
directed to be made, which.they shall do at the ntxt meeting ol the
seneral Assembly: And thcLegiflature can thereupon judge Wl>at final
provision shall be made for the laid families. \'
Se&. 18. And be it farther enacted by the authority aforefaid, That the
said commissioners before they proceed to fell any Haves on other
personal property belonging to any persons mentioned in the said lifts,
shall set apart a fufficient number of slaves, to laifc the quota, of con
tinental troops required of this State; and to pay off such State troops
as have bounties due to them, and four hundred and forty of the male
slaves belonging to such persons, which shall be fit and proper for the
life of the continental army, as pioneers, waggon-drivers, artificers,
and officer's servants, in such proportion of each of fhofe classes, as
the Governour, with the advice of the Pr^vy Council, shall require :
"Which flives shall be employed in those several occupations, so long
as they shall be wanted for the publick service. And alto such horses,
cattle, waggons, and provisions, as shall be wanted for the use of the
army.
SeR. 19. Aid be it farther enabled by the authority aforefaid, That Jill
,Teal and personal property, of which the persons named in the laid
lifts were possessed, either by tnemfelves or agents, on the fourth pt
July, one thousand seven hundred and seventy-six, or at any time
between that day and the twelfth of May, one thousand seven hun
dred and eighty, shall be deemed and held to be frill theirs, unleL
the fame was really, and bona fide, fold and conveyed for valuable con
sideration of money paid, or ftcured to be paid, and a&ual peffeflion
,giveh to the purchasers before the said twelfth of May, without any
secret trust or condition, and not with a view of eluding a forfeiture ;
And that all real and personal property, which the laid pedions have
Acquired since the said twelfth of May, one thousand seven hundred
and eighty, fliall be deemed and held to be still theirs, lhf a "
, tyrants, devises, sales, and conveyances made by any of the said per
' tons, between the said fourth of July and twelfth of May, except as
aforefaid, or after the said twelfth of May, for any consideration
whatsoever. shall be, and they are hereby declared to be fraudulent.,
and ipso faao, null and void to all intents and purposes; and the estate
or property thereby granted, deviled, fold, or conveyed, shall be
'considered as hereby vested in the said commissioners for the uses
' aforefaid.
Sect. 20. And be it further enabled by the authority aforefaid, 7 hat
' before any of the said commiHioncrs shall act as such, he shall take
the following oath, to wit;
" I A. B. do fivear. that as a commissioner under the add for
Seizing and coiififcati'hg the property of persons mentioned in an adt,
entitled " An aft for disposing of certain estates and banishing the
fyerfons therein mentioned," will, to the best of my skill and judg
ment execute the trust reposed in me, and the duties of my office,
'diligently, impartially, and faithfully, so help me GOD."
Seft. 20. And be it farther enabled by the authority aforefaid, That for
the more expeditious and ettenfive improvement of the foil, the ge
neral conyeniency and accommodation of the molt fixed and uftful
furchafers, to increase, as much as may be, the number of white
inhabitants, and to prevent the increase of the number of large and
dangerous monopolizers of land: The commissioners appointed to
execute this aft, are hereby required and directed to divide all the
lands and plantations confifcated thereby, into trails containing frdhi
two hundred to five hundred acres each tra&, and that no one tra&
shall exceed five hundred acres at most, when it can be done without
^reat and manifeft prejudice to the sale, when weighed and consider
ed by the said commilboners, together with all the other important
circumstances just mentioned in the former part of this clause.
Sea. 21. And be it further enabled by the authority aforefaid, Ibat the
said commissioners shall, and may appoint such a number of clerks,
as they shall judge neceflary; which clerks shall keep regular inven
tories of the said estates, and make true entries of all their proceed
ings; and before they act as clerks, shall take an o^tk diligently and
truly to execute the said office. And that the said commiflioners shall
be allowed a commiflion of one per cent, on the nett proceeds of the
said estates, to be equally divided amongst them, in lieu of all de
mands against the publick.
SeR. 2%. And be it further enabled by the authority afarfaid, 1 hat the
expence which may be incurred for surveying and laying off the lands
liereby confifeated into different tracts, shall be paid or reimbursed by
the persons who shall purchase any of the said lands at the time of
feurchafing the fame.
SeR. 23. And be it farther erased by the authority, aforefaid, That all
persons, fubje&s of this, or any of the United States, and friends to
the freedom and independence thereof, who have demands against
any of the persons mentioned in the said lifts, number two, three,
four, live and fix, shall lay a state and propfs of the said demands be
fore the said commissioners on or before the twentieth day of February
next, and the said ebinmiffioners are liereby empowered and required
to examine into the justice and validity of the fold demands, and make
'report thereof to the General Affeinbly, at their usxt meeting after
the said twentieth of February to the end that the Lcgiilamrc may
dire&, with refoed to such creditors, what to justice shall appertain.
And if the said Legislature shall not liquidate the said demands agree
able to the claimant, such claimant shall have an action against the
said commissioners, and the amount sales of the estates of the persons
• mentioned in this ad shall be refpedively liable to fatisfy the said de
inands, and all others creditors, except those above - mentioned; and
fhofe, in case they fliall neglect, or reftife to make their demands
"within the time aforefaid, fliall be, and they are hereby barred from
any claim on the State bn account of their said demands.
SeR. 24 And be it farther enabled by the authority aforefaid. That if
tiny person or persons shall remove, aid or aflift in tlie removal of,
any of the property hereby confifeated, or shall conceal tie fame,
with intent to defraud the publick ; every such person or perlons
shall be, and they arc liereby declared to be guilty of felony, and
shall on conviction fuffcr death without benefit of clergy.
Sea. 25. And be if enabled by the authority aforefaid, ] flat each of
the said commissioners shall forthwith, and before entering on the ex
ecution of their office, give security, to be approved by tlie Gover
mour and Commander hi chief, with the advice and consent of the
Trivy Council, in the sum of ten thousand pounds hurling, for the
due and faithful execution of the said office; and on failure so to do,
the Governour and Commander in chief, with the advice and consent
of the Privy Council, shall appoint some other fit and proper person
or persons, in the room or stead of the person or persons failing to
give such security, who shall have all the powers and authorities, and
do and execute the several matters and things, which are hereby
granted or required of th-pcifon or persons so failing to give such
Security.'
SR. 16. And be it farther enabled b, the authority aforefaid, That
in case it shall be necefrary, on surveying of the lands hcreb, direct
ed to be fold, to have a fight of the plats of the adjacent lands, the
owners of the said adjacent lands shall, on demand by the said com
'miffioners, or a majority of them, produce the said plats, and deliver
copies of theni to the said commissioners, for the better afeertaining
the exa& boundaries between the said lands and those hereby directed
TO be fold; or shall teftify upon oath or affirmation, that they neither
have, or c.:n obtain the plats required by the said commiffoners.
And in default of their ft) dJ'.:g, de said b^miniffloners shall cause
the said lands hereby directed to be fold, so be surveyed, and plats
thereof made accord 1 g to the best information which they can pro
cure touching the, fque; in which case the plats so made fliall be
deemed coadufive against the claims of the owners of the said adja
cent lent,.
Sefl. %6. AND WHEREAS a sum of money in specie may be
necessary for the service of the State: . ~
SeR. 27- die it thereby enabled by the authority aforefaid, I bat the
Governour or Commander in chief fliall direct so many of |he Faves
hereby corififeated, to be fold in such place or places in or pct of this
State for ready money, as he, with the advice at{d consent of the
Privf Council, may think requisite and necessary for the service of
the State, (pot exceeding in the whole one hundred and fifty Haves,)
any thing herein before contained to the contrary hereof in any wife
notwithstanding.,, 4
SeA. 28. And be it further enaßcAby fc authority af,faid, I'\\3t in
all the sales of negroes directed by this ad, the parents fliall not be
separated from their children, but that the laid Slaves Shall be fold in
families.
Sett. 29. And be it further enabled by the authority aforefaid, I but
this State will warrant and forever defend the. estates and prope ty
which may be fold by the laid commiffroners,. or a.majority of them
as aforefaid; to the persons who fliall rel'peftivcly purchase the fame;
and to their heirs', executors, ^dminiftrators and aligns, for the term
for which the fame fliall be fold, against every person whomsoever;
Sett. 29. And be it further enabled, by the authority aforefaid, '1 hat
the commissioners' shall, from time to time, at least once in every
month, deliver to the treasurers all such inventories, with the ap.
praifement of the, different eftates,' and all such account files as may
be finished, together with the bonds for the fame.
S:R. 24. And be it farther enacted by the authority aforefaid, That
this fliall be deemed a publick aft, and judicially taken notice of as
such; and that the fame Shall be confirmed liberally and in the rnoft
beneficial manner for the imereft of the State, and for carrying the
intent and purview of the act fully and Hfe&uaily into execution.
And if the said commiffionerj or any of th^m, or a%pe[fon acting
by their authority, shall be filed or impleaded for any matter or thing
done by virtue hereof, they or he may plead the general iflne, and
give this a& and the Special matter in evidence, and 0:1 verdict or
judgment againft'foe plaintiff, or difeentinuance or non-Suit, the
persons or person so sued Shall recover treble costs of Suit.
In theSenate Hoafe, the tzventy-fetb dry of Febraary, in, 0c Tear of our
J.ord, one thousand 'feven hundred and eigbiy-trvo.
JOHN LEWIS GERVAIS, Frefident of tlie Senate.
HUGH RUTLEDGE, Speaker of the Hopfe of Reprcfcntatives.
ADAM Thomas, heirs or
devifees of
Boone, Thomas
'Brice, FiSher, Linwood, & Co
Bailey, J^hn
Bremer, J<Hm
Bull Fenwicke, heirs or devifeesof
Baker, Sir William do.
Burn, John do.
Balmer, Captain do.
Brown, Thomas Colonel
Colleton, Mrs. heirs or dev. of
Campbell, Colin
'Crockatt, Doctor heirs or dev. of
Dean, Robert do.
Dee, Brailsford, Hodge & Sands
Douglass, Samuel
Eyecott, — heirs or dev. of
Fullaiove, Thomasl
Gibb, Doctor heirs or dev. of 1
Greenwood & Higginfon
Gibbons, Thomas
Holmes, Robert
Hatley, Roger ?4ter FI heireor d.
Hill, Richard do.
Hume, folm do
Hammerton, J^hn do.
Hunter. George. do.
Hall, Nathaniel
Irvine, Lieut. Governour . ..,
Knott, Jeremiah heirs or dev, of
Kincaid, George
Lambton, Richard heirs'of dev.
Ancrum, William
Baker, Benjamin carpenter heirs
or devifecs of
Burt, William
Buckle, Thomas fen.
Bruce, David
Buckle, Thomas jun^
Brown, Archibald
Beard, Robert
Cook, James carpenter
Chalmers, Gilbert
Cameron, William cooper
Dupont, Gideon jun.
Dennis Richard
Duncan, fames bla'ckfmith
Downes, Arthur
Eustace, Thomas
F.lfe, Thomas
Fitzfimmons Christopher
Fisher, John cabinet maker .
Gibbs, John Walter
.Atkins,' Charles
Cooke, George
Davies, John
Greenwood, William
Glen, William
Hopton, John
Inglis, Alexander
Johnston, Robert
Kingsley, Zephaniah
Ihndfay, Robert
M geuzie, Andrew
Phepoe, Thomas
Philip, Robert
Ash, Richard (of Beaufort)
Adamfim, John
Anderson, Capt. of Thicketycreek
Bali, Elias (Wamhaw)
Ball, Elias (Comingtec)
Ballingal, Robert
Brown, Malcolm
Boffeau, James
Brockington, John jun.
Blair, Robert
Belton, Jonathan
Brown, Hugh
Buckingham, Elias
Brifhane, James
Cooper, Bazil
Carne, Samuel
Clitheral, James Dr.
Deveaux, Ficoh
Fenwick, Edward
Glen, John
LIST, No. IV.
LIST, No. 11.
LIS T, No. 111.
LIST, No. V.
LI sT, No. r.
Lorrimore, Rev. Charles
Montague, Lord Charles Grev„
Mafo'e, Charles heirs or dev. of
Maufcil, Walter
Murray, John (of Philliphapgh)
Michie, James heirs or dev. of
M'Cay, Patrick do.
Nilbett, Sir John , do.
Ord, Capt. of the Britifa Navy
Ogilvie, George
Ogilvie, William
Osmond, - heirs or dev. of
Owners of the lo^, corner of
Broad street and GadFden'salley
Phillips, Ralph
Rugely, Rowland heirs or dev. of
Reeves, Henry
Raper, Robert heirs or dev. of
Roberts's Barony, proprietors of
Savage, John
Simpson, Jolin of Georgia
Dimond, Peter
Stuarr, John heirs or devifees of
Saxby, George'
"Thorpe's Barony, proprietors of
Tayler, Peter
Wright Charles
W^ght, Jermyn
;Wells, Robert
Weight, Sir James
Wilfon,Lieut of the British army
Wilicman, Christopher
Rugge, femes
Rose, John
.Role, Hugh Dr.
Reid, Andrew
Smyth, John
Tanno, J<kn
Valk, Jacob
Wragg, John Broad-street
Wayne, Richard
Wright, Alexander
Williams, Robert
.Wilson, Robert Dr.
Garden, Alexander Dr.
I finch, Patrick
Johnftro, Charles
Pertoneau, Robert
Rol'c',Alexander
Scott, John (son of Jonathan)
Hack, Joseph
Cape, Brian
Caffels, James' (Georgetown)
Capers, Gabriel
Clarey, Daniel (of 96)
Commander, Capt Thomas
Cunningham, Patrick
Carey, James
Cunningham, Robert
Cunningham, Andrew (96)
Cunningham, John (96)
Cunningham, Robert
Deveaus, Andrew jun#
Hamilton, Paul fep.
Holmes, Joel
Hare, Edward
Hartz, John
Haryev, Al< xander
Legge, Edward jun.
Loocock, Aaron
M'Beth, Alexander'
McKinney, William
M'Kie, Jiroes.
Nifoett, William
Price, Hopkin, heirs of-dev. es
Petrie, Edmund
Ruffcl, Wiliam
Savage, Jeremiah
Saylor, David
'Valentine, William
Wells, John jun.
Wagnei, Jahn
Ward, John Taylor
Winftanley, Thomas
Dorrell, William
Dawkins, George
Downey, John (Camden)
Englilh, Robert
Else, William,,.
Fisher, John (Orangeburgh)
Fenwicke, Thomas
•Frazer, James Doctor
■Flctchal, Thomas Doctor
Floyd, Matthew
Fanning, John
Foiffin, Elias
Ferguson, Henry
Fardo, John George
'Fyffe, Doctor Charles
Gaillard, 1 heodore
Gordon, James (Georgetown)
Gaillard, John
Gibbes, Zachariah
Gray, Robert
G.ueft, William (Tyger-River)
Gregory Benjamin
Grierfon, George (Waxfaws)
Geiger, Jacob
Hibten, Andrew
Holmes, James heirs or dev. of
King, Richard Colonel
Kirkland, Moses
Linder, John jun.
Art ACT for amercing certain Persons therein mentioned.
Sea. I. 'EM'THEREAS many persons inhabitants of, and owing?
VV allegiance to this State, (feme bearing high and im
portant trusts or commissions) have withdrawn themselves from the
defence the: eof, accepted protection from the officers commanding
his Britannick Majesty's forces, now carrying on a cruel and-destruc
tive war within this State; and are either within the lines of the
enemy, or have omitted to surrender and enroll themfclves, and per
form tile duties to their country, pointed out, and required by the
proclamation, of his Excellency the Gover nour, dated the twenty-
Seventh day of September last past, in utter neglect and contempt of
the executive authority of the said State, and to the evil example of
society. AND WHEREAS there are others who forgetting all the
social ties of kindred, the feelings of humanity, and regardless of the
duty aid allegiance they had moll solemnly sworn to their country,
did . dually fupferibe and pay by themselves or agents, considerable
fumy of money towards mounting and equipping a troop or troops of
cavalry, or other military force, for the service of his Britannick Ma
jesty, to ad against their fellow citizens, and the independence and
freedom of this State.
Sect. 2. AND WHEREAS it is but just and reasonable, that the
estates of such persons, both real and personal Ihould be amerced, and
that a due diferimination fliould be made.
SeR. 3. Be it therefore enabled by the honourable the Senate and the
house of Reftrefentatives in General Afembly met, and by the authority of
the fame, That the commifioners appointed for carrying into execution
an ad entitled “ an ad for disposing of certain estates and banishing
certain persons therein named" shall, within four months after the
passing of this ad, or as^foon as may be thereafter, cause a full and
true inventory and account to be taken of all such real and personal
estates of the persons mentioned in the 'lift or schedule hereunto an
nexed, as they can come at, or gain the poffeflion of, and cause the
fame to be appraised on oath by three freeholders, to be appointed by
the said commissioners or a majority of them: And levy and take
thereout the amercement herein after mentioned, as near as may be,
that is to fay, twelve per cent, on the trite and equitable value of all
such efrates of the persons mentioned in the said lift or schedule fog
the use and service of this State.
Sect. 4. And be it further enabled by the authority aforefaid, That the
said commiftioners, shall, in blue manner cause an inventory and ap
praifement to be made and taken of the real and personal estates of all
such persons fate inhabitants of, and owing allegiance to this State, as
it shall manifcftly appear, that is to fay, by confeffion of such person,
or by the oath of any one or more credible witnesses, to be taken and
sworn before any judgeor justice, in any court of record in th! State;
have directly or indire&ly by themfclves or agents, fubferibed or paid
any fam or funis of money, towards mounting, arming or equipping
any trrop or troops of cavalry, or other military force, for the service
of his Britannick Majesty, to a& against this State, or against any
ether of the United Statesof America. And fliall cause to be taken
and levied, thirty per cent, on the real and equitable value of such
estate, for the use and service of this State.
Sell, 5. Aid be it further enacted by the authority aforefaid, That the
said comniiffioners shall have full power and authority, where it may
be necessary, to fell at publick sale, after a notice of fix weeks, and
convey to such persons as arc willing to be comefurchafers of the fame,
any part or parts of the estates real and personal, directed to be ap
praised and valued by virture of this a&, as shall be fufficient to make
up the amount of the amercement on such real and equitable value
of the said real and personal estates refpe&ively. And give such rea
sonable credit to the purchaser or purchasers, who shall give bond
and approved security, payable with interest, as they may find ne
cessary, not exceeding three year , for the said real eftite, and not
exceeding two year, for the said personal estate; and fliall make eut,
and deliver to the commiflioners of the treasury of this State, fair
copies of all such inventories and appraifements, and also an account
sales of such real and personal estates, and also such monies, bonds
and fecuriries for monies that they may receive for the fame, at least
once in every three ihonths,after such appraifements and sales shall
take place refpe&ivelv.
Sebt. 6. And be it further enabled by the authority aforefaid. That all
such estates real and personal, as the said several persons mentioned
in the said lift or schedule hereunto annexed, or who now are, or ma,
become fubjedts of this a&, were possessed of, or entitled to, on the
tweuty-feventh day of September last past, shall be held and taken by
the said commiftiouera to be still the property of such persons respec
tively, so as to warrant and entitle such commiiTioners to levy - and
take the said several and refpeftiye amercements directed to be
made and levied by virtue of this a&. And that the fame pains and
penalties fliall be extended and be conftracd to extend to all such per
sons who shall embezzle, conceal or remove, or attempt to embezzle,
conceal or remove any part or parcel of such estates, real and personal
refpethveiy directed to be amerced by virtue of this ass, as are ex
tended to such persons as may embezzle, conceal or remove, or atk
tempt to embezzle, conceal or remove any part or parts of the estates
real and personal, confifeated aad taken under and by virtue of an a&
for disposing of certain estates and banishing certain persons therein
mentioned.
Sett. 6. And be it further grafted by the authority aforefaid, That
the several amercements and levies to be made by the said commif
fibners and the survivors and survivor of them, and the executors
and admiiliftrators of such survivor, fubjedl: to the fame uses and
trust as the several estates confifeated and disposed off by the said
recited a&, and shall be, and are hereby directed to be applied to
the several vfes and services appointed and dire&ed by the fame-
And the said commiflioners shall be allowed one half per cent., on
the funis levied by virtue of this acf.
Sett. 7. And he it farther enabled by the authority aforefaid, That
this State will warrant and defend to the purchaser or purchasers,
their representatives or assigns, for such term or time, as they may
be fold for, all such real and personal estate, levied and taken by vir
tue of this aft, as it may be necessary t > fell and dispose of under the
uses -and trusts declared of arid concerning property confifeated and
seized under and by virtue of the said recited a&.
Deveaux, Andrew
Ellis, Edmund
Friday, David
Guerrard, David
Harrison, Nathaniel
Julin, George (new acquisition)
Linder, John fen.
LIS T, No. VI.
Lynah, JajlWDo&br
Legge, Benjamin
M'Kenzie, Robert Col.
Muckle Murray, Patrick
Mufgrovg, John heirs or dev. of
Mills, William Henry
Mitchell, John heirs or dev. of
M'Gilvery, William Henry
Neilic, Christopher
O'Niel, Henry
Ogilvie, Charles
Porclier, Philip
Pendervis, Richard heirs or dev.of
Plumber, Daniel
Rees, William
Rees, Benjamin
Rhems, Joseph
Rugely, Henry
Rowe,. Samuel
Robinson, Joseph
Smyth, James
Seabrook, Joseph jun.
Stevens, William (Saluda)
Turner, David
Valentine, William (Camden)
Wig'fall, John
Wofford, Benjamin
Yarbrough, Dandridge I. Cap,
Murrel, Robert Porter
Spence, Peter Dr.
'Willard, John
Wilriamfon, Andrew
Wilson, John (Georgetown)
Zubly, John Joachim