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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 333   View pdf image (33K)
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LAND-HOLDER'S ASSISTANT. 333

property, it was found expedient to use the agency of the
land office: It becomes necessary therefore to take some
general notice of those regulations.

    In regard to the confiscating act itself I have before
mentioned that it embraced, in the first instance, all property
(debts excepted) found within the state belonging to British
subjects, but that other exceptions and reservations some
positive, and others of a conditional nature, were contained in
its subsequent provisions. It defined the persons who should
be deemed and adjudged British subjects within the intention
of the act; it left a liberal opening for such as had heretofore
resided in the state, and had absented themselves on business,
or even through a presumeable disaffection, not attended with
other demonstrations of hostility, to return and secure their
property from forfeiture. It appropriated certain property
by name, as the act of June 1780, ch. 24, had provisionally
done, for the redemption of bills of credit emitted under
that act: it declared that the subjects of the state, creditors
of British subjects, should be paid their claims out of the
property of their individual debtors, and that those citizens
of the state who had manifested their attachment to the new
government, by exerting themselves in support of the
independence of America, should be fully paid and indemnified,
so far as their British debtors were solvent, out of the
property confiscated by the act. It took necessary precautions
against the concealment or embezzlement of books or other
evidences of debts due to British subjects, and against gifts,
grants, sales, devises or conveyances tending to defeat the
design of the confiscation, by declaring fraudulent and void
all such as should have been made and executed, after the
nineteenth day of April 1775, and before the first day of
December 1779, with intent to cover and protect the
property from confiscation; but allowing as valid such transfers as
might have been made between those dates in pursuance of
an existing contract, or in payment of a debt; the proof of
that fact to lie on the person claiming under such conveyance,
&c. and, in the case of a precedent debt, the property not to
have been conveyed for less than three fourths of its real
value; but, if thus unequally transferred, the purchaser,
grantee, or devisee either to pay (to the state) the difference of
value, or to be considered only as a mortgagee for the security
of his debt and interest. The act further declared that all the
property confiscated, except what was, as before mentioned,
appropriated for the redemption of the public bills of credit,
and the payment of debts, should be subject to the disposal
of the general assembly.

    The commissioners just mentioned were appointed at the
same session (October 1780) " for the purpose of preserving





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 333   View pdf image (33K)
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