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South Carolina Ordinance Number 1189 - Dated 17 March 1783

Source:  The Statutes at Large of South Carolina (Volume 4, Part 2) by  Thomas Cooper and David J. McCord (first published in 1836-1841), at pages 568-570.

 

No. 1189. AN ORDINANCE for Disposing of the Estates of certain persons, subjects and adherents of the British Government; and for other purposes therein mentioned.

WHEREAS, many of the former citizens of this State, in violation of their allegiance, have withdrawn themselves and joined the enemies thereof;

I.  Be it therefore ordained, by the honorable the Senate and House of' Representatives, now met and sitting in General Assembly, and by the authority of the same, That all the estates, both real and personal, of such persons heretofore citizens of this State who have withdrawn themselves from the same and adhered to the British government, are hereby declared to be vested in the commissioners of confiscated estates, in the same manner, and for the several uses, intents and purposes, as is hereinafter mentioned.

II.  And be it further ordained by the authority aforesaid, That the commanding officers of the several regiments of militia of this State shall be, and they are hereby, directed, within three months after passing this ordinance to make a just and true return to the said commissioners, upon being required by them so to do, of all such person or persons formerly belonging to their respective regiments, who have joined the enemy and withdrawn themselves as aforesaid; and if any of the said commanding officers shall neglect to make just and true returns, according to the best of their knowledge, by the time hereinbefore specified, each and every of the said commanding officers shall forfeit and pay the sum of' five hundred pounds sterling, to be recovered by any person who shall inform and sue for the same, in any court of record within this State.

III.  And be further ordained by the authority aforesaid, That the said commissioners of' confiscated estates are hereby empowered and directed, on giving eight weeks public notice, to sell and dispose of all such property, both real and personal, by auction, to the highest bidder, taking bond with good and sufficient security the purchase money thereof; payable in the following manner, to wit, one-half  of' the purchase money to be paid within twelve months, and the other half within two years from the respective times of' such sales, with legal interest thereon; which bonds shall be made payable to the commissioners of the treasury for the time being, and lodged in the public treasury, for the use of this State.

IV.  And be it further ordained by the authority aforesaid, That the said commissioners of confiscated estates, respecting the said real and personal property herein directed to be sold, shall, and they are hereby entitled to, receive the same commissions as by the Confiscation Act, passed at Jacksonburgh, they are authorized to receive on sales under the said Act, and no more.

V.  And be it further ordained by the authority aforesaid, That all such person or persons who have withdrawn themselves as aforesaid, shall have free liberty to return to this State, for the purpose of' undergoing a trial at !aw for all such crimes and misdemeanors which he or they may have committed against the persons or property of the good citizens of this State; which said return and trial, and acquittal thereupon, shall make void and of no effect every thing herein contained, as to such person or persons; provided that all such person or persons do, and they shall, within six months from the end of the present sessions of the General Assembly, return to this State, and be tried as aforesaid; and if any of the said person or persons shall return to this State after the expiration of the said six months, he and they shall and they are hereby declared to be a felon convict, and shall suffer death, without benefit of clergy.

VI.  And be it further ordained by the authority aforesaid, That the lands on the river Savannah lately possessed by the Chickasaw Indians, who have deserted to the enemy, together with the lands whereon Fort Charlotte and Fort Independence were erected, shall and they are hereby declared to be vested in the said commissioners of confiscated estates, to be disposed of in the same manner and for the same uses, intents and purposes, as the real and personal property before mentioned; which said lands shall be divided and sold in lots, as by the Confiscation Act, with regard to the lands therein mentioned, is directed; provided always, that in the division of the Chickasaw lands, no lots shall contain an extent on the river of more than twenty chains.

VII.  And be it further ordained by the authority aforesaid, That this ordinance shall, and is hereby declared to, be a public ordinance, to all intents and purposes, and shall be published in the Gazettes printed in this State for three weeks, from and immediately after the end of the present session of the General Assembly.

In the Senate House, the seventeenth day of March, in the year of our Lord one thousand seven hundred and eighty-three, and in the seventh year of the independence of the United States of America.

JOHN LLOYD, President of the Senate.

HUGH RUTLEDGE, Speaker of the House of Representatives.

 

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