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WHEREAS the act passed the 12th day of March, 1783, entitled, “An act to oblige persons having negroes, or other effects not their own property, in their possession, to render an account thereof, and to punish such as shall embezzle, conceal, or neglect to render an account of the same,” is found inadequate to the good purposes thereby intended, inasmuch as there is no reason to believe that many frauds and abuses have been committed under the sanction of the said act, respecting negroes, or other slaves, in the hands of persons not being proprietors of such slaves; for remedy whereof.
I. Be it enacted, That from and immediately after the passing of this act, all and every person and persons within this State, having negro or other slaves in his, her, or their custody, or possession, not being his, her, or their property, absolutely and bona fide, shall, within 3 months, be obliged to send, or cause, or procure to be sent to Charleston, all and every such slave or slaves, who shall be committed to the care and custody of the wardens of the work-house, and who, on receiving such slave or slaves, shall pay all reasonable costs, charges, and expences, attending to the bringing or conducting to Charleston of such slave, or slaves, to the person or persons entitled to receive the same, taking a receipt for the amount; which said expences shall be refunded and paid back to the said warden of the work-house, on delivery of such slave or slaves to his, her, or their owner or owners, with all other costs, charges, and expences incident thereto.
II. The said warden to the work-house shall immediately advertise in this State gazette, the names, ages, and other particular description of all slaves delivered to him, in order that their respective owner, or owners, may have notice of such slave, or slaves, being in his custody, or possession; and in case no owner or owners shall appear and prove his, her, or their property to such slave or slaves, (which proof shall be made upon oath before 1 of the justices of the court of Common pleas, or any 1 of the justices of the quorum), within 12 months from the day of publishing such notice in the gazette aforesaid; that, then, the said warden of the work-house shall sell, and dispose of such slave or slaves at publics outcry, first giving 1 month notice thereof, in the said gazette, of the time and place of such sale; and from and after such sale, the said warden of the work-house shall give a bill of sale for the slave or slaves, to the purchaser or purchasers thereof, which said bill of sale shall vest the property so sold in such purchaser or purchasers absolutely and for ever.
III. And after payment and satisfaction of all costs, charges, and expences attending the said slave or slaves, so sold, the overplus of the money arising therefrom (if any be) shall be paid into the public treasury of this State, there to remain subject to the order and direction of the General Assembly.
IV. And in order to render such slave or slaves, as little burthensome as possible to the owner or owners, or to the State, in case no owner should appear within the time herein-before limited for claiming such slave or slaves:-
Be it enacted, That the said warden of the work-house, under the direction of the city council, shall have the power and authority to hire out, or otherwise employ such slave or slaves, in such way or manner as they shall see fit, and the said warden of the work-house shall pay and apply the monies arising therefrom towards the expences and support of such slave or slaves, during the time he, she, or they shall remain under his care and direction
V. It shall be lawful for the magistrates empowered and required to sell, or cause to be sold, the property described in the act entitled “An act to oblige persons having negroes or other effects not their own property, in their possession to render an account thereof, and to punish as such as shall embezzle, conceal, or neglect to render an account of the same,” passed 12th of March 1783, to receive the treasury indents of this State, in payment for all sales to be hereafter made, which shall be paid into the treasury, subject to the future disposal of the legislature.
VI. If the owner or owners of such property as is the subject of the above receited act, shall make oath, and prove his, her, or their property, to the satisfaction of any 1 of the judges of this State, or any 1 justices of the quorum, such owner or owners, upon obtaining and producing a certificate of such proof under the hand of any 1 of the judges, or any 1 justice of the quorum (which the judges or justices are hereby required to give) shall be entitled to take possession of such property, without personally appearing before the magistrate before whom the information description of such property was taken, and by whom such property was advertised.
VII. If the owner or owners of any property sold by virtue of the above-recited act, shall make oath, and prove his, her, or their property, to the satisfaction of any 1 of the judges of this State, such owner or owners, upon obtaining and producing a certificate of such proof under the hand of any 1 of the said judges (which they are hereby required to give) to the commissioners of the treasury for the property so sold, in indents or money, as the case may be; provided such claim is made within 2 years after the sale of such property.
10th March, 1784.
JOHN LLOYD,
President of the Senate.
HUGH RUTLEDGE.
Speaker of the House of Representatives.
The 12th of March, 1783, shall prove their property, and produce a certificate, at the treasury, the commissioners shall pay them the sum for which their property sold.
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