HEPBURN'S CASE.—3 BLAND. 97

tors; and therefore, none of their provisions which relate pecu-
liarly to forfeiture for treason, or to escheated estates, apply to
their case. They and their property were affected by those laws
only and exclusively as being then British subjects and alien ene-
mies.

By the Act of October, 1780, ch. 45, it is declared, that all the
property within this State, debts only excepted, belonging to
British subjects, such as the Mollisons then were, should be con-
fiscated. But it was also declared, by the same Act, that all citi-
zens of this State, such as Hep bum then was, should be fully paid
and indemnified, so far as their British debtors were solvent, out
of the property confiscated; to be adjusted by the General Assem-
bly: Provided, such British debtors, had not debts due to them
within this State sufficient to satisfy their creditors. Thus re-
quiring the creditors to exhaust that fund first before they made
claim against the confiscated property taken into the treasury.
Commissioners were appointed to preserve the property so confis-
cated. October, 1780, ch. 49, who were authorized to receive claims
and report to the treasurer as to the probable amount due to credi-
tors from persons whose property had been confiscated; and the
treasurer was directed to reserve a sufficiency to meet such claims
until the General Assembly should take order therein. May, 1781,
ch. 23, s. 19.

The time for bringing in claims against the State, which arose
on any account before the tenth of January, 1785, was limited to
*a specified period; 1784, ch. 45, and 1785. ch. 10; and it 116
was declared, that all claims against the State on account
of property confiscated, which arose before the time limited by
law for bringing them in, might be brought in, passed, and settled
by the Auditor-General on or before the first day of September,
1787, and when so settled should he paid as directed by law: Pro-
vided, that The claimant satisfied the Auditor-General, that for
want of notice, or for some unavoidable impediment, he could not
bring in his claim within the time limited by law. 1786. ch. 18.
And it is further declared, that no such claim should be passed
unless satisfactory proof was gi\en that there were no debts due
in the country to the persons whose property had been confiscated,
to satisfy the claim exhibited against the State, and that due in-
dustry had been used by the claimant to discover the debts sub-
ject to attachment, and the proper means taken by him to secure
his claim out of such debts. And in conclusion it was directed, that
the Auditor-General should give notice of this Act in such manner
as he might think proper to communicate its contents throughout
the State. 1786. ch. 18; Journ. Cong. 23rd July, 1787; 27th Au-
gust, 1786. It was also provided, that when any claim of a credi-
tor against confiscated property should be rejected by the Auditor-
General, the claimant might lay his papers before the Chancellor,
7 3 B.